PLAYER TERMS AND CONDITIONS
The Game Rules form part of these Player Terms and Conditions.
You should print a copy of these Player Terms and Conditions for future reference.
In these Player Terms and Conditions, the following words shall have the following meanings:-
“Administration Fee” shall have the meaning set out in clause 13.8;
“Bet” means any bet, wager or the like made by you in relation to the Draws and/or the Services;
“Betting Services” shall mean the betting service and related services provided by us on the Draws, including Single Line Tickets;
“Bonus” shall mean any complimentary amounts or bonus amounts credited by us into your Player Account;
“Contract” shall have the meaning set out in clause 3.1;
“Deadline” shall mean either:- (a) one and a half hours before the closing time for the relevant Draw in the case of a Draw relating to Your Syndicate Entry; or, (b) two hours before the closing time for the relevant Draw in the case of a Single Line Ticket;
“Deposit Funds” shall have the meaning set out in clause 6.8;
“Draws” shall mean the draws on the lotteries known as “Lotto”, “EuroMillions”, “SuperEnalotto” and such other lotteries as detailed on our Website as chosen by you as part of your Membership;
“Draw Rules” shall mean the rules for each of the Draws as set out on our Website and via the following link bigfatlottos.com/rules.axpx;
“Draw Winnings” shall have the meaning set out in clause 10.2;
“Fee” shall have the meaning set out in clause 9.1;
“Force Majeure Event” shall have the meaning set out in clause 21.1;
“Game Rules” shall mean the Draw Rules and the Gaming Rules;
“Gaming” or “Instant Win Games” means online games and/or online slots and/or online bingo via the Website;
“Gaming Platform” shall mean any online and/or mobile platform or the like provided by us to allow members of the public to access the Gaming Services;
“Gaming Rules” shall mean the rules for each of the games provided by us via the Website as part of the Gaming Services which are accessed via the Help Button;
“Gaming Services” shall mean the provision by us of Gaming via the Website;
“Help Button” shall mean the link to the Gaming Rules which is accessed via the Instant Win Game Page which in turn is accessed from the Instant Win Tab on the Website;
“Legitimate Gaming Winnings” shall have the meaning set out in clause 6.12;
“Membership” shall mean the right to participate in the Services;
“Membership Confirmation” shall have the meaning set out in clause 3.1;
“New Numbers” shall have the meaning set out in clause 4.1;
“Notice Period” shall have the meaning set out in clause 8.1;
“Open Bets” shall mean any Bet received by us but not settled;
“Original Numbers” shall have the meaning set out in clause 4.1;
“Player” or “Member” shall mean a user of the Website;
“Player Account” shall mean the account you have with us relating to the Services;
“Prize” shall have the meaning set out in clause 10.2;
“Player Terms and Conditions” shall have the meaning set out above;
“RNG” shall mean a random number generator that generates results of the games provided as part of the Gaming Services;
“Services” shall mean the provision by us of the Betting Services and the Gaming Services;
“Single Line Ticket” shall have the meaning set out in clause 5.1;
“Single Line Ticket Winnings” shall mean winnings due to you in relation to a winning Single Line Ticket;
“Stake” shall have the meaning set out in clause 14.2;
“we”; or “us”; or “our” shall have the meaning set out in clause 1.1;
“Website” means bigfatlottos.com and/or any other website we may use to provide the Services.
“Winnings” shall mean Draw Winnings, Legitimate Gaming Winnings and Single Line Ticket Winnings;
“Your Device” shall mean any device used by you to access the Services and/or any other services provided by us (including betting on the Draws) including but not limited to mobile phones, smart phones, desktop computers, tablets laptop computers and internet enabled televisions;
“Your Funds” shall have the meaning set out in clause 6.11;
“Your Syndicate Entry” shall have the meaning set out in clause 4.1;
1. INFORMATION ABOUT US
1.1 bigfatlottos.com is a betting service based on the outcome of certain lotteries and is operated by Annexio Limited. Annexio Limited also provides the Gaming Services. Annexio Limited is registered in the Isle of Man under company number 124709C and with its registered office at St George’s Chambers, 1 Athol Street, Douglas, Isle of Man, IM1 1LD, British Isles (“we” or “us” or “our”).
1.2 Big Fat Lottos is a trading name of Annexio Limited. We are licensed and regulated by the Isle of Man Gambling Supervision Commission, which can be contacted by e-mail at firstname.lastname@example.org. These Player Terms and Conditions and your Contract with us is governed by the laws of the Isle of Man. Online gambling debts are enforceable in the Isle of Man.
2. YOUR STATUS
2.1 By applying for Membership through the Website and/or using the Services, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old. In this regard, you should note that under age gambling is an offence in the United Kingdom and may be in other jurisdictions also;
(c) you are not a resident of the United States of America or located at the time of placing a Bet in any country in which you are not permitted to participate in remote gambling of the nature contemplated by the Website;
(d) you do not make a living out of gambling, gaming, or betting;
(e) you understand that you may lose money as a consequence of the Bets you place with us.
2.2 We reserve the right to ask for proof of age from you and any application for Membership may be suspended until we are in receipt of satisfactory proof of age.
2.3 We reserve the right to request proof of identity and residence from you and any application for Membership may be suspended until we are in receipt of satisfactory proof of residence and identity as we may require. It is your responsibility to ensure that you comply completely with your own local, national or state laws. We will not be liable for any breach by you of any such laws.
2.4 You hereby consent to us carrying out such age verification, identity or other checks on you as we may require.
2.5 You are not allowed to hold more than one Membership at a time.
2.6 In relation to the Draws, you are betting on matching the payout of certain lottery jackpots and therefore Draw Winnings and Single Line Ticket Winnings (if any) are determined by the results of such. In relation to Gaming, the results are determined by the RNG.
2.7 In relation to the Draws, we buy lottery tickets in relation to such Draws to cover our risk. You have no rights of any nature in any lottery tickets we may buy in relation to the Draws or otherwise. For the avoidance of doubt, we shall only be obliged to pay Draw Winnings and/or Single Line Ticket Winnings to you in the event we have received the corresponding winning funds from the relevant lottery.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.2 We reserve the right to accept or decline any application for Membership, acting reasonably in this regard.
3.3 Together with the Membership Confirmation, we shall send to you by e-mail a Membership number (which should be quoted by you on all correspondence).
3.4 The Draw Rules apply to the Draws. By applying for Membership, you agree to the Draw Rules.
3.5 The Gaming Rules apply to the Gaming Services. By using the Gaming Services, you agree to the Gaming Rules.
4. THE DRAWS
4.1 In relation to the Draws, we shall send to you by e-mail details of the defined set of numbers chosen by you from the selection of numbers provided by us on the Website (the “Original Numbers”). The Original Numbers entered into Draws will be referred to as “Your Syndicate Entry”. From time to time, at our sole discretion, it may be necessary to withdraw defined sets of numbers for the Draws and in such event we shall notify you in writing of other defined sets of numbers which could replace the Original Numbers (or any other numbers used for the Draws during your Membership), which shall be entered into each Draw by us from the date of such notification (the “New Numbers”). You may change the New Numbers using the facility on the Website or you may cancel your Membership should you prefer not to replace the Original Numbers. New Numbers once allocated to or chosen by you shall be deemed to be your Original Numbers for the purposes of these Player Terms and Conditions and shall thereafter be Your Syndicate Entry. The fixed percentage payout for Draws may alter from time to time but written notice of such change will be provided to you no later than 28 days prior to the change.
4.2 Your Membership is to a betting service and you are betting on the outcome of certain lotteries or outcomes determined by the RNG. We are not a lottery.
4.3 In the event you wish to participate in Draws, you are eligible for the relevant Draw on the day of dispatch by us to you of your Membership Confirmation provided that you have paid the Fee as cleared funds in your Player Account for such Draw and the Membership Confirmation is dispatched by us to you before the Deadline. If the Membership Confirmation is dispatched by us to you after the Deadline, you will be eligible for the relevant Draw thereafter. In the event of any dispute regarding when the Membership Confirmation was dispatched by us, the decision based on our records regarding such dispatch shall be final and binding.
5. SINGLE LINE TICKET
5.1 As well as, or instead of choosing Your Syndicate Entry, you can participate in a Bet whereby you choose your own numbers in a Draw rather than having to choose Original Numbers (“Single Line Ticket”). In this event you will not be part of a syndicate entry but rather in the event that you choose the correct winning numbers in the relevant Draw relating to those numbers and in accordance with these Player Terms and Conditions, you will win the entire amount due on such numbers as advised by the operator of the relevant Draw, provided that such amount is paid to us by the operator of the relevant Draw.
5.2 In the event that you participate in a Single Line Ticket, you are still placing a Bet on the outcome of certain Draws and you do not own any lottery tickets relating to any Draws.
6.1 You agree that you will only use the Gaming Platform for your personal entertainment and that you will not use the Gaming Platform to conduct a commercial business or as a way of making a living.
6.2 You confirm your understanding that you may lose money as a consequence of the Services and placing any Bet with us.
6.3 We reserve the right to suspend, amend, add or remove any part of the Website, Gaming Platform and/or the Services at our sole discretion and without warning and we will not be liable for any such action. In the event that we suspend any part of the Website, Gaming Platform and/or Services, we may close all Open Bets at a value that we determine (acting reasonably) to be the fair value at that point in time.
6.4 We will not be liable if, for any reason, the Website is unavailable for any time or period.
6.5 We may at our absolute discretion change the content of the Website and/or the Services or elements of the Services on the Website at any time. Any such changes shall not affect Bets made by you prior to such changes.
6.6 We give no guarantee that the Website will be compatible with any hardware or software used by you including Your Device.
6.7 We hereby grant to you a limited, personal, non-exclusive, non-transferable right to use the Services on Your Device, for the sole purpose of participating in the Services including any type of games we offer from time to time, in accordance with the provisions of these Player Terms and Conditions.
6.8 To place a Bet in relation to the Gaming Services, you will be required to pay "real money" funds into your Player Account (“Deposit Funds”) by any of the methods specified by us. Such funds will be deposited into your Player Account upon actual receipt of funds by us. The minimum deposit into your Player Account is £5.00 Sterling. The maximum deposit into your Player Account is £1,500 Sterling per deposit with a maximum cap on deposits into your Player Account of £2,500 Sterling in aggregate in any 24 hour period. The maximum deposit may be increased by direct request to the customer service team, at our absolute discretion, depending upon your history with us, the method of deposit, and other factors as determined solely by us.
6.9 You must ensure that any details provided by you in order to establish your Player Account or at any time thereafter are correct and complete and you must inform us of any changes to your details by updating your Player Account.
6.10 You acknowledge and agree that we may not be able to provide some or all of the Services in certain jurisdictions.
6.11 You cannot place a Bet until there are cleared funds in your Player Account. Deposit Funds together with any Legitimate Gaming Winnings due to you (collectively “Your Funds”) will be held in your Player Account by us on your behalf. We are not a bank and no interest will be paid on your Player Account, the Fee or Your Funds. Only once we have received all information we require from you, will Legitimate Gaming Winnings due to you be paid to your Player Account.
6.12 For the purposes of these Terms and Conditions, the term “Legitimate Gaming Winnings” means winnings legitimately due to you that have been won by you as part of the Gaming Services using the Gaming Platform and that have been won fairly by you in accordance with these Player Terms and Conditions and are not subject to any reasonable objection by us, less the following:- (a) any rake or commission due to us; and, (b) other entry or other fees due to us for your use of the Gaming Platform and the Gaming Services; and, (c) any charge backs made by a third party in relation to Your Funds.
6.13 Any failure on your side including but not limited to network connection or computer problems, will not void the result. You can check your own Bet history in the report section of your Player Account to see how any Bet was determined.
6.14 Any system malfunction and/or hardware malfunction affecting us will void the Gaming Services affected by such and no winnings of any nature whatsoever will be due on such.
7. OUR STATUS
7.1 We act as the operator of a betting service in relation to the Draws and the provider of Gaming Services. We do not purchase lottery tickets in your name or on your behalf. You are not entitled to any interest in any lottery tickets purchased by us.
7.2 We do not sell lottery tickets and do not operate a lottery. In relation to the Draws:- (a) we operate a betting service; (b) you and our other players are placing Bets on the outcome of certain lotteries and (c) a pay-table for all prizes for each Bet will be as set out on the Website.
7.3 We are not connected to or affiliated with or approved by Camelot Group plc or the National Lottery Commission or any other body or organisation related to the National Lottery or any other lottery.
7.4 We may provide links on the Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from third party sellers through the Website, or from companies to whose website we have provided a link on the Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information (including any personal data) related to that transaction to the third party seller.
7.5 We provide the Services at our own discretion and can change or amend the Services at any time without prior notice.
8. YOUR RIGHTS
8.1 You may cancel your Membership at any time by giving us not less than 7 days’ notice (“Notice Period”) using the facility on the Website. Notwithstanding the terms of clause 19, the Notice Period shall be deemed to start on the day that we receive the said notice to terminate your Membership.
8.2 After the Notice Period has expired we will accept no further Fees or Bets from you. After the Notice Period has expired:- (a) you will not be entitled to participate in Draws other than the Draws in relation to which you have paid Fees and placed Bets prior to the expiration of the Notice Period; and (b) you will not be allowed to participate in the Services.
8.3 This clause 8 does not affect your statutory rights.
9. PRICE AND PAYMENT
9.1 You shall pay to us the fee set out on the Website to allow you to participate in Draws (the “Fee”).
9.2 The Fee shall be paid to us by you in cleared funds.
9.3 The maximum Fee that you may pay is £1,500 Sterling per month. The maximum Fee may be increased by direct request to the customer service team, at our absolute discretion, depending upon your history with us and other factors as determined solely by us.
9.4 Payment of the Fee and for Bets must be by credit or debit card, MoneyBookers, international money order, bankers draft or UK bank or building society cheque. We may accept other payment methods from time to time at our sole discretion in line with local regulation.
9.5 You hereby acknowledge and agree that the Fee represents a charge made by us in relation to the provision by us of a betting service and not for the purchase of lottery tickets.
9.6 We are under no obligation to refund Fees.
9.7 You can only withdraw funds from your Player Account that are Winnings. Funds deposited into your Player Account can only be used to place Bets with us on Draws and/or participate in the Gaming Services. You cannot withdraw money deposited to your Player Account from your credit card/bank account other than by closing your Player Account in accordance with these Player Terms and Conditions.
9.8 You hereby agree that no chargebacks or other cancellation of Fees will be made relating to your Player Account without our consent. In the event of any of the foregoing occurring, you agree to refund and compensate us for any losses, including any expenses incurred by us in the process of recovering such amounts.
9.9 In the event we decide to offer a Bonus, the terms relating to such Bonus shall be set out on the Website and must be accepted by you if you wish to participate in the Bonus.
10. PAYMENT OF DRAW WINNINGS
10.1 The terms of this clause 10 relate to payment of Draw Winnings only. The terms of clause 11 relate to Single Line Ticket Winnings and the terms of clause 12 relate to Legitimate Gaming Winnings.
10.2 The money won in each Draw by Your Syndicate Entry (if any) is the “Prize”. Subject to you complying with these Player Terms and Conditions, you shall be entitled to a fixed percentage of the Prize. The fixed percentage of the Prize due to you shall be your “Draw Winnings” as set out in the Draw Rules for the relevant Draw. We shall only be obliged to pay Draw Winnings to you if you have paid all Fees due to us due as at the date of the Draw relating to the relevant Draw Winnings.
10.3 In the event that the operator of the lottery Draw from time to time requires the repayment of any monies paid by it that we have paid to you, you hereby undertake to pay to us a sum equal to such sum within 14 days of a written request from us. You agree to fully indemnify us against all claims, liabilities, losses, costs and expenses (including legal fees) arising out of any breach by you of the provisions of this clause 10.3.
10.4 If a lottery makes multiple Draws on the same date then unless otherwise specified by us your Bet will apply to the main Draw to take place on that date. In the event there is no Draw on that date, your Bet will apply to the first Draw by the relevant lottery thereafter. If a Draw does not take place in relation to the relevant lottery, your Bet will stand for the relevant rescheduled Draw for the relevant lottery, or if there is no re-scheduled Draw, the next available Draw relating to the relevant lottery.
10.5 To enable us to comply with anti-money laundering legislation we may require information from you before your Draw Winnings can be paid to you. We are entitled to refuse to pay any Draw Winnings until we are in receipt of all information we require for anti-money laundering and/or prevention of terrorist funding purposes.
10.6 For the avoidance of doubt, we shall only be obliged to pay Draw Winnings if we have received the Prize from the lottery operating the relevant Draw. Subject to these Player Terms and Conditions, we shall credit your Player Account with Draw Winnings (without interest) within 5 days of us receiving the Prize from the operator of the relevant Draw. We shall not be liable for any delays or failure of the payment to us of such sums, howsoever caused.
11. PAYMENT OF WINNINGS – SINGLE LINE TICKET WINNINGS
11.1 The terms of this clause 11 relate to payment of Single Line Ticket Winnings. The terms of clause 10 relate to the payment of Draw Winnings and the terms of clause 12 relate to the payment of Legitimate Gaming Winnings.
11.2 Subject to the terms of this clause 11, we shall credit your Player Account with your Single Line Ticket Winnings (without any interest) within 5 days of receipt by us of the sums from the relevant operator of the relevant Draw. We shall not be liable for any delay or failure of the payment to us of such sums, howsoever caused. To enable us to comply with anti-money laundering legislation we may require information from you before your Single Line Ticket Winnings can be paid to you. We are entitled to refuse to pay any Single Line Ticket Winnings until we are in receipt of all information we require for anti-money laundering and/or prevention of terrorist funding purposes.
11.3 In the event that the operator of the lottery Draw from time to time requires the repayment of any monies paid by it that we have paid to you, you hereby undertake to pay to us a sum equal to such sum within 14 days of a written request from us. You agree to fully indemnify us against all claims, liabilities, losses, costs and expenses (including legal fees) arising out of any breach by you of the provisions of this clause 11.3.
11.4 If a lottery makes multiple Draws on the same date then unless otherwise specified by us your Bet will apply to the main Draw to take place on that date. In the event there is no Draw on that date, your Bet will apply to the first Draw by the relevant lottery thereafter. If a Draw does not take place in relation to the relevant lottery, your Bet will stand for the relevant rescheduled Draw for the relevant lottery, or if there is no re-scheduled Draw, the next available Draw relating to the relevant lottery.
11.5 For the avoidance of doubt, we shall only be obliged to pay Single Line Ticket Winnings if we have received the corresponding sums from the lottery operating the relevant Draw.
12. PAYMENT OF WINNINGS – LEGITIMATE GAMING WINNINGS
12.1 The terms of this clause 12 relate to the payment of Legitimate Gaming Winnings. The terms of clause 10 relate to the payment of Draw Winnings and the terms of clause 11 relate to the payment of Single Line Ticket Winnings.
12.2 Legitimate Gaming Winnings will be paid in accordance with the relevant Gaming Rules.
13. PAYMENT OF WINNINGS – ALL
13.1 All Winnings are paid in pounds Sterling unless we advise otherwise. Where sums are denoted by a lottery in another currency, we will convert your Draw Winnings or Single Line Ticket Winnings (as relevant) into pounds Sterling using the exchange rate provided by our bank on the date determined by us.
13.2 Winnings due to you will be credited to your Player Account as detailed in these Player Terms and Conditions. Before paying your Winnings into your Player Account we will be entitled to require such reasonable information to verify your identity and residence as may be required to meet relevant anti money laundering and the prevention of terrorist funding legislation.
13.3 Any sums held in your Player Account are held by us for you in a player funds account on the Isle of Man. However we are not a bank and no interest shall be paid on any sums in your Player Account.
13.4 Withdrawals to credit cards may only be made to credit cards used to pay for Fees deposited into the Player Account.
13.5 You may claim your Winnings by withdrawing monies from your Player Account subject to a minimum £10 withdrawal at any time.
13.6 Current withdrawal methods for your Winnings are available in your Members Area.
13.7 You shall immediately inform us in the event that any Winnings are paid to you in error and forthwith return such to us.
13.8 Should your Player Account be inactive for a period of 6 months, we reserve the right to close your Player Account and charge a fee (the “Administration Fee”). In this event, all funds held in your Player Account will belong to us when the Player Account is closed.
14. NON-PAYMENT OF WINNINGS FOR DRAWS, GAMING AND SINGLE LINE TICKETS
14.1 We may void and shall be entitled not to pay any Winnings in respect of any Bet:-
(a) placed after the Deadline;
(b) that is erroneously accepted on the Website after the Deadline for the relevant Draw or in respect of a Draw that has already taken place at the time when the Bet is placed;
(c) if we become aware of an error in relation to that Bet or Draw and we are not able to contact you to correct the error or confirm the Bet before the Deadline for the relevant draw;
(d) if you charge back any Fees relating to your Player Account without our consent;
(e) placed by a player who has provided false or misleading information as part of or in connection with his/her Player Account or otherwise in connection with the Website or the services available through it, including the Services;
(f) placed by a player who has been involved in any collusion or fraud-related activities in relation to the placing of the Bet, the operation of their player account or otherwise in connection with the Website or the services offered via it, including the Services;
(g) placed by a player who was, at the time of placing the Bet:-
(i) less than 18 years old;
(ii) a US resident or located in any country in which they are not permitted to participate in remote betting/gaming of the nature contemplated by the Website;
(iii) in breach of any material provision of these Player Terms and Conditions; or
(iv) in breach of the relevant Game Rules.
14.2 If any Bet is voided in accordance with clauses 14.1 (a), (b) or (c), we will offer the relevant player the option of placing any such Bet on the next relevant Draw or crediting his/her player account with the sum of money representing such voided Bet (“Stake”). If any Bet is otherwise voided by us in accordance with this clause 14, the relevant Stake shall be forfeited to us. In the event that a Stake is placed by someone under 18 years old, we shall be entitled to retain that Stake or return the Stake to the legal guardian of such person as we will in our discretion decide and as we may decide is in accordance with local law.
15.1 We will use reasonable endeavours to avoid any error in the odds provided by us in relation to Bets and any other information published on the Website, the acceptance of Bets, registration or other action in respect of Player Accounts, notification of Prizes and Winnings or otherwise in respect of the operation of Bets, Player Account, the Services and the Website, and reserve the right to correct any errors, but beyond this no warranty is given.
15.2 Where we become aware of an error affecting you in relation to a bet or Draw prior to the relevant Deadline for such Draw, we will use reasonable endeavours to inform you of the error and to offer you the choice of keeping the Bet at the correct odds (where applicable) or confirming or voiding the Bet. In the event that we cannot contact you the terms of clause 14.1(c) shall apply.
15.3 You shall immediately notify us if any funds are credited to your Player Account in error. Should such a mis-credit occur, the funds in question shall not be withdrawn or otherwise used by you, and we reserve the right to withdraw or recover these funds.
16. OUR LIABILITY
16.1 We will endeavour to provide the Services using reasonable care and skill. Subject to clause 16.4, we make no further warranty or representation, whether express or implied in relation to the services relating to your Membership and the Services provided by us to you and all warranties or conditions are hereby excluded, to the fullest extent permitted by law.
16.2 We use reasonable endeavours to avoid any error in the odds provided but beyond this no warranty is given. We reserve the right to correct errors on the Website or in relation to the Services or the odds at any time.
16.3 We make no warranty that the Services will be uninterrupted, timely, secure or error-free. In the event of any system or communication error in relation to the games provided as part of the Gaming Services, the RNG, the generation of your Original Numbers, New Numbers or otherwise, we will not be liable to you as a result of any such errors and we reserve the right to withhold the payment to you of any Winnings in such circumstances.
16.4 Nothing in these Player Terms and Conditions shall exclude or limit any person’s liability:- (a) for fraud; (b) for death or personal injury caused by its negligence; (c) which it is not lawfully permitted to exclude or limit.
16.5 You acknowledge and agree that in accepting these Player Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether or not such person is a party to these Player Terms and Conditions) unless expressly set out in these Player Terms and Conditions.
16.6 Our entire and aggregate liability to you, whether under contract, tort, negligence or otherwise in connection with your Membership and the services provided by us to you (including the Services) is strictly limited to the lesser of the following:-
(a) the Fees paid by you to us in the 12 month period immediately preceding the event upon which such liability arose; or
(b) the sum of £5,000 Sterling.
16.7 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time, whether under contract, tort (including negligence) or otherwise.
16.8 We accept no liability for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
16.9 This clause 16 does not affect your statutory rights.
16.10 Any complaints should be sent to our Support Team at: email@example.com.
17.1 We may terminate, vary or suspend your Membership and/or your access to the Services immediately and without prior notice:-
(a) if you breach these Player Terms and Conditions;
(b) if at our discretion (acting reasonably), we consider that your conduct compromises our position in any manner;
(c) if we cease to offer the services relating to your Membership and/or services advertised on the Website (including the Services);
(d) for any other reason at our sole discretion, acting reasonably.
18. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail, SMS text messaging or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to us must be given to Annexio Limited by e-mail at: . We may give notice to you at either the e-mail or postal address you provide to us when applying for Membership, or in any of the ways specified in clause 18. Other than as noted in clause 8, notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail or a text message is sent, or 3 days after the date of posting of any letter. In the event that you terminate your Membership in accordance with the terms of clause 8, the Notice Period will be deemed to commence on the day that we receive your notice to terminate your Membership notwithstanding the terms of this clause 19. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee or in the case of a text message that such message was sent to the specified mobile telephone number of the addressee.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
20.1 The Contract is binding on you and us and on our respective successors and assigns.
20.2 You may not transfer, novate, assign, charge or otherwise dispose of the Contract or these Player Terms and Conditions, or any of your rights or obligations arising under the Contract or these Player Terms and Conditions, without our prior written consent.
20.3 We may transfer, novate, assign, charge, sub-contract or otherwise dispose of the Contract or these Player Terms and Conditions, or any of our rights or obligations thereunder, at any time.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract or these Player Terms and Conditions that is caused by events outside our reasonable control (“Force Majeure Event”).
21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:-
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) the postponement or cancellation of any Draw;
(f) impossibility of the use of public or private telecommunications networks;
(g) delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system;
(h) the acts, decrees, legislation, regulations or restrictions of any government or regulator;
(i) failure of any telecommunications system.
21.3 Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22.1 We reserve the right to publicise and promote details of winners including but not limited to the sum of Winnings. We publish on the Website the name and geographical location by country of all winners and a condition of your Membership is that you agree to us including your details (including personal data) on the Website if you are a winner.
22.2 All media enquiries regarding us received by you must be referred to us immediately. You agree to fully indemnify us against all claims, losses, costs and expenses (including legal fees) arising out of any breach by you of the provision of this clause 22.
23.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Player Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
23.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
23.3 No waiver by us of any of these Player Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 19 above.
If any of these Player Terms and Conditions or any provisions of the Contract are determined by any court or competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
25. ENTIRE AGREEMENT
25.2 We each acknowledge that, in entering into this Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Player Terms and Conditions.
25.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently).
26. OUR RIGHT TO VARY THESE PLAYER TERMS AND CONDITIONS
26.1 We have the right to revise and amend these Player Terms and Conditions from time to time.
26.2 Changes to these Player Terms and Conditions will be notified to you by a prominent notice on the Website. Your Membership will be governed by the amended terms as soon as the amendments are notified on the Website. If you are not happy with any amendments to these Player Terms and Conditions you can terminate your Membership on giving us 5 days’ written notice. It remains your responsibility to check these Player Terms and Conditions periodically to ensure that they meet with your approval. If you continue with your Membership and/or the Services, your continuation will be confirmation of your acceptance of the amended Player Terms and Conditions.
26.3 26.3 The terms of clauses 2.1; 2.4; 2.7; 3.4; 3.5; 6.14; 7.1; 7.2; 8.2; 9.6; 9.7; 9.9; 14.1; 15; 16; 18; 19; 20; 22; 23; 24; 25; 27; 29 and 30 shall extend post termination of these Player Terms and Conditions.
27. THIRD PARTY RIGHTS
Unless otherwise expressly stated within the Contract, nothing within these Player Terms and Conditions shall create or confer any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 2001 or otherwise in favour of any person other than you and us.
28. NO PARTNERSHIP OR AGENCY
Nothing in these Player Terms and Conditions is intended or should be construed as creating any partnership, agency or any other form of joint enterprise between you and us.
29.1 In these Player Terms and Conditions, reference to the singular shall include references to the plural and vice versa. Headings are for convenience only and shall not affect interpretation.
29.2 In the event of any inconsistency between these Player Terms and Conditions any document referenced herein (including the Game Rules) these Player Terms and Conditions will prevail.
30. LAW AND JURISDICTION
30.1 Contracts for Membership and the provision of the Services are governed by Isle of Man law. Any dispute arising from, or related to, such Contracts and these Player Terms and Conditions shall be subject to Isle of Man law and the parties submit to the exclusive jurisdiction of the courts of the Isle of Man.
30.2 The services provided by us are intended exclusively for players who are not prohibited by the laws of any applicable jurisdiction from gambling on the internet.
30.3 We will not be liable for any illegal or unauthorised use of the Website or its respective services.
31. RESPONSIBLE GAMBLING
31.1 We maintain a strong commitment to provide all our players with a responsible gambling environment. Gambling should be enjoyed as a recreational activity however, it can nevertheless also cause a problem for a minority of players. We aim to prevent compulsive usage and underage access to the Services while providing a friendly and entertaining gambling experience.
31.2 31.2 We have implemented a self-exclusion function for our players who might become concerned about their gambling activity. You may opt to self-exclude yourself from access to the Services for a period of 6 months, 1 year, 2 years or 5 years. You may also change the maximum value of your monthly or weekly spending limit by direct request to the customer service team.
31.3 The following are things to remember in order to keep control of your gambling:
(a) gambling should not be seen as a way of making money or paying debts but rather it is a form of entertainment;
(b) you must read and be familiar with the Game Rules;
(c) you should only gamble an amount you can afford to lose;
(d) you should not chase losses;
(e) you should keep track of the amount of money and time you have spent gambling.
31.4 We encourage our players to consider professional assistance from any of the following organisations if a player suspects he/she may have a gambling problem: