The following is a legally binding agreement (the “Agreement”) between Messenger Tech Ltd (the “Company”), and the entity wishing to be provided with the Company’s services (“Client” or “you”). You should carefully read and make sure you fully understand the contents of this Agreement prior to the use of the website and/or services. If you have any doubts about any of your rights and obligations resulting from entering into this agreement, please consult legal counsel. By Submitting “i agree” and/or by using the services, you acknowledge that you have read and agreed to be bound by the terms of this agreement without any reservations.
The Company’s website and services are not directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject the Company or its affiliates to any registration or licensing requirement within such jurisdiction. In accessing any part of this website, the Client agrees not to use this website in such a way that disrupts, interferes with or restricts the use of this website by other users or which infringe the rights of any other person anywhere in the world.

  • 1.PREFACE

    In this Agreement, the following words and phrases shall have the following meanings: Operator: a third party lottery organizer that organizes and manages that lottery game and draw. Services: means the Company’s services of purchasing, storing and handling Tickets. Ticket: means a lottery ticket purchased by the Company on behalf of the User. Us/We/Ours: means the Company. Website: means any website owned, operated or hosted by the Company, and any software or content that is used to access such website. Winnings: means the winnings attributed to a Ticket, as determined solely by the Operator.
    The preamble and definitions of this Agreement shall for all purposes form part of this Agreement, and constitute a material and substantial part of it.

  • 2.THE SERVICES

    The Company provides a messenger service that allows the purchase, storage, scanned, uplodethe Tickets to the Company website,and handling of Tickets that you legally own; while the Tickets are purchased, stored and handled by the Operator providing services to the Company, We have no ownership rights in these Tickets, and they are wholly owned by you. We do not offer any type of lottery or gambling products; the Tickets represent tickets purchased for the participation in lotteries organized and managed by Operators and not by us. We can also arrange, for the collection of winnings on your behalf by third parties.

    The Company provides signals service, We do not take responsibility for your losses using our systems.

    LottoMania365 - Connected your account with Provider. The provider is the owner of your account and he have respobsbility for you and therefore you shold read also his Terms and condition

  • 3.USE OF THE SERVICES

    You may use the Services only if you are an individual, of at least 18 years of age (or such other higher minimum legal age in your jurisdiction as required to use the Services) and it is legal for you to do so according to the laws that apply to you. You hereby represent and warrant that you do not violate any applicable law or regulation as a result of using the Services. If you reside or are present in any jurisdiction that prohibits using the Services, You shall not use the Services. We make no representations or warranties, expressed or implied, as to the lawfulness of any person’s participation in any activity through this Website (including, but not limited to, the use of the Services), and shall not be responsible for any illegal use of the Services and/or Website by You. The offering or availability of the Services and/or the Website shall not be deemed or interpreted as an offer or invitation by us to use the Services and/or the Website. It is your responsibility to ensure that you comply with any and all laws applicable to you before registering or participating in any activity through the Website. Without derogating from the above, it is Your sole responsibility to verify that You may participate in, and receive Winnings from, any lottery draw in which You participate via the Services, and You hereby acknowledge that it is not Our responsibility to so verify (and therefore the mere purchase of Tickets for You does not mean that We acknowledge that You may participate in, or collect Winnings of, any lottery draw) and accordingly waive any claim and/or argument You may have in this respect. You understand and accept that we are unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you will comply with the applicable laws and rules. You acknowledge that you do not find the Services and the Website to be offensive, objectionable, unfair, or indecent in any way.
    Employees, directors and officers of the Company (as well as persons providing services to the Company), as well as members of their families, affiliates or subsidiaries, and all other persons connected, directly or indirectly, to the computer systems or the security system employed by the Company, as well as any person involved in the operation of this Website and the establishment thereof, including, but not limited to advertising, promotion and fulfillment agencies, insurers and legal advisers, webmasters and web suppliers and family members thereof, are not entitled to participate in any of the activities proposed by the Website (including, but not limited to, the use of the Services). For the avoidance of doubt, it is hereby clarified that a person who is not entitled to use the Services – as well as any other person who substitutes such person – is also not entitled to any of the Winnings, and the Company reserves the right to shut down his/her User Account and seize any funds held in that User Account.

  • 4.PURCHASE OF TICKETS

    After your request to purchase a Ticket (either by itself or as a part of a subscription) is recorded with the Company, the Company will (subject to the provisions of this Agreement) purchase the Ticket in accordance with your request.
    The Operator shall purchase Tickets for the next lottery draw, provided that you submitted a request no later than 6 hours in advance of the closing of the draw;
    Once the Ticket is purchased, it will be held and stored by the Company. A scanned copy of the Ticket will be available in Your User Account. It is hereby clarified that the recording of Your request to purchase the Ticket does not amount to a purchase of a Ticket (and the Ticket is confirmed to be purchased only after a scanned copy of the Ticket will be available in Your User Account), and We will not be held liable in connection with any such request where the Ticket was not purchased (or was purchased using other characteristics than the ones You asked for), including (but not limited to) where such occurrence was due to human and/or technical errors and/or failures. It is your sole responsibility to confirm that a Ticket was purchased according to your request.
    In case the Oprertor is unable to upload a scan copy of the ticket, due to technical failure or due to faults related to the Oprertor's service provider that purchases the Tickets, it shall immediately notify the Company and the Parties shall mutually decide on the best course of action with respect to the client who has bought the Ticket.
    The Oprertor will seek to have the persons buying the Tickets as part of the Courier Services to store such tickets behind two locks (with at least one of them being a safe box); provided, however, that (i) the Oprertor is under no obligation to ensure that these persons are indeed so storing the Tickets, and (ii) failure on the part of any of these persons to so store the Tickets will not amount to a breach of the agreement with you, nor entitle you with any rights and/or remedies.
    In case of damage to Tickets, theft or if the Company suspects of any fraud, you shall immediately notify the Company and you shall fully cooperate with the Company in order to best resolve the matter, including by surrendering the details with the matter, and, if the Company so instructs, filing a complaint to the police in the matter.

  • 5.Winnings

    Unless informed in writing at least 3 (three) days in advance of any lottery drawing (and solely in respect of Winnings above EUR 500,000 (five hundred thousand Euros)), the Oprertor shall collect any and all Winnings and the Company trensfered them to the relevent client.
    The Company will update its database with lottery results shortly after the drawing time when information is available from the corresponding lottery.
    The Company will process lottery results against Tickets purchased and make prize and payout information available.
    It is hereby clarified that the Consideration is higher than the price of the Ticket, and you hereby acknowledge that the difference between the Consideration and the price of the Ticket represents a fair compensation for the Company in connection with the Services it provides to you. You hereby waive any claim or argument in connection with the difference between the Consideration and the price of the Ticket, including, but not limited to, the fairness and appropriateness of such difference.
    Once you have requested to purchase the Ticket, You will not be able to cancel such a request, even if the Ticket has yet to be purchased by the Company. Therefore, all requests to purchase Tickets are final, non-fundable and non-terminable.
    The participation in the lottery draw (via purchasing the Tickets) is subject to, and in accordance with, the terms and conditions of this Agreement and the laws, rules, terms and conditions under which the lottery draw is performed by the Operator.

  • 6.RESULTS OF DRAWS AND WINNINGS

    The results of the lottery draw, as published by the Operator, will be published on the Website, up to 24 hours after the lottery draw. Only the final results of the lottery draw as published by the Operator will determine the Winnings attributed to each Ticket, and in any case in which the results published on the Website differ from the results published by the Operator, the results published by the Operator will be the sole results that will determine the Winnings attributed to each Ticket.
    Following the publication of the results of the lottery draw by the Operator, the Company will review whether any Tickets are entitled to receive any Winnings. The Company will notify the Users who’s Tickets are entitled to receive Winnings in connection with that lottery draw; such notification will be done solely via the User Account. The Company will not be liable in connection with any error (including, but not limited, any error due to human and/or technical errors) in any notification (or lack of) of Winnings provided to You by the Company, including, but not limited to, errors in the determination of any entitlement to Winnings (whether You were wrongly or mistakenly notified You are entitled to Winnings, and/or whether You were wrongly or mistakenly not notified that You are entitled to Winnings (including, but not limited to, where such error caused You to receive an amount smaller than the amount of Winnings You were entitled to absent such error, or no amount whatsoever) and/or the amount of Winnings. The duty and obligation to review the official results published by the Operator is of the Client, as well as to determine your entitlement to any Winnings, and notify the Company accordingly. All costs for the delivery of the ticket and collection of the corresponding prize will be solely Client’s.
    For the avoidance of doubt, to the extent that the Winnings are collected by Operator, these will be collected as a one-time lump sum, without any discretion in this respect and despite a reduction in the sum of the Winnings. The Company, as a messenger service provider, disclaims all warranty or liability with the aforementioned.
    You hereby provide the Company (and anyone on its behalf) with an irrevocable and transferable power of attorney for the collection of Winnings on Your behalf, and to perform any action and execute any document and/or agreement, for the purpose of collection of the Winnings. You also agree to perform any action and execute any document and/or agreement required for the purpose of implementing this power of attorney and collecting the Winnings. Should you provide such Power of Attorney, the Winnings (after being collected) will be transferred to Your User Account. You hereby acknowledge that in some instances, the Operator may require You to collect the Winnings in person from the Operator at the Operator’s jurisdiction (or any other place) or require You to perform any other act in person; in which case You hereby absolve Us of any obligation and/or duty to collect the Winnings, and it is Your responsibility to collect such Winnings (including, but not limited to, bear all costs and/or expenses associated with such collection).
    You acknowledge and agree that in any lottery draw in which it is possible to receive the Winnings in a lump sum or in installments, and You provide a power of attorney as mentioned above, then the Winnings will be received in a lump sum, even if such choice carries with it diminution in the Winnings due to (without limitation) taxes, penalties, fees and/or the rules, terms and conditions of that lottery draw.
    The amount of Winnings received by You into Your User Account will be determined by the Operator, and You will not be entitled to receive any amount beyond the amount paid by the Operator (and less any handling charges and fees) should You choose for the collection of the Winnings Your balance in Your User Account will be updated only after (and in accordance with) the payment of Winnings by the Operator. For this purpose, you acknowledge that taxes, levies and duties may be withheld or paid from the winnings, either by the Operator or by the Company. Without derogating from the above, you will be responsible for the payment of any and all taxes, levies and fees due by you in connection with the collection and receipt of the Winnings.
    If any errors result in awarding Winnings to You or in an increase in Winnings paid to You, You shall not be entitled to these Winnings. You shall immediately inform the Company of the error and shall repay any Winnings credited to Your User Account in error to the Company (as directed by the Company) or the Company may, at its sole discretion, deduct an amount equal to those Winnings from Your User Account or set off such amount against any money owed to You by the Company.
    You hereby acknowledge and agree that your personal details (and any other details) will be provided to the Operator, if so required, and that this may be a pre-condition for the collection of the Winnings.

    Subject to the applicable law, the Company shall be entitled to 10% of the Winning in case the winning exceeds 1 Million USD, unless a higher amount was published on the Company’s website with respect to a specific lottery.

  • 7.ACCOUNT REGISTRATION AND OPERATION

    To use the Services and purchase the Tickets, You will first need to open a User Account with the Company.

    For the purpose of opening a User Account, You will be required to provide information and documentation relating to, inter alia, your first and last name, address, email and telephone number. The Company reserves the right, at any point in time, to ask You to provide additional information and documentation in relation to You, and Your User Account may be suspended until satisfactory information and documentation is provided; failure to provide the required additional information and documentation within the timeframe set by the Company may result in termination of Your User Account and forfeiture of the funds held in Your User Account.

    By opening a User Account, You hereby represent, warrant, acknowledge and undertake, that (a) the details You submitted during the registration process are true and correct, and that You will update them, immediately upon any change thereto, (b) Your User Account is for Your personal use only and not on behalf of any third party, and that You may only open a single User Account with the Company, (c) any funds You will deposit in Your User Account shall not accrue any linkage differentials and/or interest and are not insured by any government agency, (d) You are at least 18 years old or such other higher minimum legal age in Your jurisdiction as required to use the Services, and You are of sound mind and You are capable of taking responsibility for Your own actions, (e) You will cooperate with the Company and provide it with all requested documentation in a full, complete and truthful manner, (f) You have verified and determined that Your use of the Services and the purchase of the Tickets on Your behalf does not violate any laws or regulations of any jurisdiction that applies to You, (g) You are responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable due to Your use of the Website (including, but not limited to, payment of Winnings) however, You acknowledge and agree that the Company may withhold and pay any taxes and/or fees and expenses required in connection with Your User Account, the purchase of the Tickets the collection and cashing out of Winnings, (h) You will use the Services in good faith towards Us and others using the Services, (i) the Company may at its sole discretion, open, maintain and/or close Your User Account, as well as seize, retain and/or hold all or part of the funds held in Your User Account and recover and/or forfeit any and all Winnings paid to You and/or to which You are entitled, and that any such decision by the Company or any other decision by the Company in connection with the Services, the Tickets and/or the Winnings shall be final and not subject to dispute or appeal, (j) You shall be fully and solely responsible for maintaining the confidentiality of Your User Account’s details (including, but not limited to, Your User name and password required for entering Your User Account), and for any and all actions and transactions taken in connection with Your User Account by anyone who enters Your User Account while using Your User Account’s details, and all such actions and transactions shall be deemed as actions and transactions taken by You, (k) You shall bear the full and sole responsibility for an unauthorized use of Your User Account, (l) You will immediately inform the Company of any suspected unauthorized use of Your User Account, (m) You shall not make any charge backs and/or deny or reverse any payment made by You in connection with the Services and/or the purchase of the Tickets, and You shall reimburse the Company for any loss, cost and/or damage it incurs as a result of any such action by You, and in any event You will promptly pay any and all of Your debts to the Company, and (n) You shall indemnify Us and hold Us harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of or in connection with any breach of this Agreement by You, and any other liabilities arising out of Your use of the Services or any unauthorized use of the Services by any third party using Your User Account.

    The Company shall be entitled to inform relevant authorities, online service providers and banks, credit card companies, electronic payment providers or other financial institutions or relevant authorities and/or entities of Your personal identifiable information and of any suspected unlawful, fraudulent or improper activity performed by You or via Your User Account, and You will cooperate fully with the Company to investigate any such activity.

    To use the Services and to purchase a Ticket, You will be required to provide the Company with details of means of payment and/or transfer funds into Your User Account by any of the methods specified by the Company. If you transfer funds into Your User Account, such funds will be deposited into Your User Account upon actual receipt of funds by the Company. Minimum and maximum limits may be applied in respect of transferring funds into and out of Your User Account, depending upon your history with the Company, the method of deposit, and other factors as determined solely by the Company. The Company will debit Your User Account and/or Your means of payment at any time between the time in which You place a request to purchase the Ticket and the time in which the Company purchases the Ticket on Your behalf.

    Your request to purchase any Ticket on Your behalf is subject to sufficient funds in Your User Account to pay the Consideration or the provision of means of payment which allow the payment of the Consideration. If the funds in Your User Account are insufficient for the payment of the Consideration or the means of payment provided by You do not allow the payment of the Consideration, either at the time of the request placed by You to purchase a Ticket or at the time in which the Company debits Your User Account or the means of payment provided by You for any reason whatsoever (including, but not limited to, any limits placed by You, and any chargebacks or withdrawal of funds), or any time in between, the Company will not purchase the Ticket on Your behalf, regardless of whether Your request was registered with the Company or not; this will also be applied in case in which there is any change in the Consideration required by the Company for the purpose of purchasing the Ticket, even if that change occurred after You have requested the Company to purchase the Ticket or after Your request has been registered with the Company. The Company is not under any obligation to notify You of any such occurrence, and it is Your sole responsibility to confirm that there are sufficient funds in Your User Account to pay the Consideration or that the means of payment provided by You allow the payment of the Consideration. You hereby release, indemnify and hold Us harmless from any claims, liabilities, damages, losses, costs and expenses arising from not purchasing the Tickets due to lack of funds in whole or in part, in Your User’s Account or the lack of possibility to debit the means of payment provided by You, in whole or in part. Without derogating from the above, you should verify that the Ticket was purchased by logging into Your Account and reviewing Your Tickets.

  • 8.SUBSCRIPTION

    A Client may request to participate, at least 6 hours befor the lottery gamem, in a repetitive, fixed and consecutive manner, in certain lottery chosen by the User (the “Subscriber“). Upon making such a request, the Company’s confirmation of such request, and subject to the terms and conditions of this Agreement, the Subscriber will participate automatically in the lottery/ies chosen and in the manner specified by the Subscriber.

    The Subscriber’s User Account, or the means of payment provided by the Subscriber, will be debited, prior to the purchase of a Ticket, for each Ticket that the Subscriber has requested to be purchased on his/her behalf (according to that Subscriber’s subscription), at the sum equivalent to the Consideration at the time of purchase. It is hereby clarified that such sum may change, and may not be the same as at the date in which the Subscriber opted for the subscription; the Subscriber hereby grants his/her consent for his/her User Account to be debited accordingly. In case in which the Subscriber’s User Account balance is less than the Consideration (for any reason whatsoever; including, but not limited to, any limits placed by the Subscriber) or that the means of payment provided by the Subscriber cannot be debited for the Consideration in whole or in part, then the subscription may, at the Company’s sole discretion, be postponed (and no Ticket will be purchased on behalf of the Subscriber) until the Subscriber’s User Account is replenished with sufficient funds or the means of payment provided by the Subscriber can be debited for the Consideration (and in respect of the latter – it is Your responsibility to inform the Company accordingly, and the Company is under no obligation to re-check whether the means of payment can be debited accordingly). The Company is under no obligation to notify the Subscriber of any such occurrence, and it is the sole liability of the Subscriber to confirm that the Subscriber’s User Account has sufficient funds to pay the Consideration, or that the means of payment provider by the Subscriber can be debited to pay the Consideration, in accordance with the subscription. The Subscriber hereby releases, indemnifies and holds us harmless from any claims, liabilities, damages, losses, costs and expenses arising from the postponement of the subscription.

    The LottoMania365is designed for clients interested to purchase a package in one of the Company’s ongoing long-term lottery programs.
    The company shall transfer the client with the proper document regarding the terms and conditions of the package, of his/hers choice.
    In addition, the company offers its clients who want to join the LottoMania365program a Bonus according to the following term hereby: the Company reserves the right to double the winnings of the client in one of the lottery games, up to 50% of the win, and give it to client as a bonus for purchasing a package, while the total bonus is not up than 30% of the package price.

    Each User can join, simultaneously, an unlimited number of subscriptions (for different lotteries).

  • 9.INACTIVE ACCOUNTS

    If your account is inactive for such time period as defined by the Company from time to time Your User Account will be deemed inactive.
    Once deemed Inactive, the Company will be entitled to charge you an administrative fee at the amount of 10% of the balance in your inactive User Account, with a minimum of 15EUR fee; such fee will be charged on the first day following the end of the Period and in every one hundred eighty (180) days thereafter.

  • 10.WITHDRAWALS

    Acceptance of a withdrawal request is subject to any deposit method restrictions, transaction and withdrawal limits and security reviews (and any other terms of this Agreement) in this respect, please be advised that the minimum amount for a withdrawal is 50 EUR (or the equivalent amount in any other currency). Withdrawals shall be made by cheque, wire, credit card and/or any other manner which the Company selects at its sole discretion, although the Company will try to accommodate Your preferences as indicated by You.

    The Company may report, withhold and deduct any amount from Your User Account in order to comply with any applicable law.

    Payments will be made as soon as reasonably possible, although there may be delays due to any security review undertaken by the Company and where the Company holds any such payments in accordance with this Agreement.

    The funds in Your User Account can be withdrawn in Euros. In any case in which the funds in Your User Account are held in any other currency, the Company will convert the funds into Euros, in accordance with the valid exchange rates. Any fees and costs incurred in connection with such conversion will be deducted from the funds cashed out.

    While the Company does not charge commissions for any withdrawals, there is a third party fee of 15 EUR as commission incurred in connection with such withdrawals (including, but not limited to, conversion charges, fess and/or commissions) and these will be deducted from the funds cashed out.

    The Company retains the right to withhold any payments to You, in the event that it believes or suspects (at its sole discretion) that You may be engaging in or have engaged in fraudulent, unlawful or improper activity, or if the Company has any concerns about the operation of Your User Account or the withdrawal request. In such cases, the Company may commence and/or be involved in and/or assist any investigation into such circumstances (including, but not limited to, by way of disclosing any relevant information, including Your personal identifiable information, to any third party), and You agree to assist and cooperate with any such investigation.

  • 11.REFUND POLICY

    Except as expressly stated in these Terms, you acknowledge and agree that any Form Prices and fees and/or payments paid by you to the company in connection with your use of the Site and any Services are non-refundable.If you reasonably believe that you have been wrongfully charged an amount by us you may notify us and request a refund. The tools within your Account should provide you with the means to do so, and in any event, you may contact us via our Support Service. Please be aware that we will not consider any such refund request unless you include full details of the disputed transaction, including the relevant dates, payment details, and a short explanation as to why the amount is disputed. If we, in our sole discretion, find that an amount has been wrongfully charged we will, as your sole remedy, refund you that amount.

  • 12.FRAUDULENT ACTIVITIES

    If, at the Company’s sole discretion, You are found to have cheated or attempted to defraud the Company or any other User (or suspected if such activity), including but not limited to manipulation or payment fraud, or if the Company suspects You of fraudulent activity, including (but not limited to) chargebacks, reversal of payment and/or use of stolen payment means, or of any illegal or prohibited activity (including, but not limited to, money laundering) or if Your deposits or payments failed to be honored for any reason, the Company reserves the right to withhold Winnings and withdrawals, suspend or terminate Your User Account, seize and/or confiscate all funds contained within and recover bad debts using whichever method may be available to the Company. For the avoidance of doubt, it is hereby clarified that nothing within this Agreement will preclude the Company from utilizing any other remedy available to it in respect of any matter relating to this Agreement.

  • 13.PRIVACY

    The Company’s Privacy Policy governs the use of information collected from or provided by the Client at this Website. Any personal information the Client provide to the Company will be treated as confidential and shared only within the Company, its affiliates and its business partners and will not be disclosed to any third party except under any regulatory or legal proceedings. Web site tracking systems may also collect data detailing the pages you have accessed, how you discovered this site, the frequency of visits and so on. The information the Company obtains is used to improve the content of the web site and may be used by the Company in order to contact the Client, by any appropriate means, and to provide to the Client with any information the Company believes that may be useful to the Client.

  • 14.INTELLECTUAL PROPERTY RIGHTS

    All the rights, including the intellectual property rights (including, but not limited to, patents, copyright, trademarks, service marks, logos, trade names, and know-how) concerning the Website, and all of its content (including, but not limited to, software and programs, files, video, audio, music, pictures, images, photographs, graphics, animations, pictures, text and software) and/or the Services (collectively the “Rights”), are and shall remain the sole and exclusive property of the Company. You may not use any of the Rights without the express prior written approval of the Company, except pursuant to this Agreement, and you shall not, by using the Services and/or the Website or otherwise, acquire any rights in any of the Rights. Without derogating from the above, you are strictly prohibited from: (i) copying. redistributing, publishing, reverse engineering, decompiling, disassembling, modifying, translating or making any attempt to access the source code of the Website and/or any content within the Website to create derivate works of the source code; (ii) selling, assigning, licensing, sublicensing, transferring, distributing any content of the Website and/or the Services, and (iii) making the Website and/or the Services (or any part thereof) available to any third party. Anything that you will transmit to this site becomes the property of the Company, may be used by the Company for any lawful purpose, and is further subject to disclosure as deemed appropriate by the Company, including to any legal or regulatory authority to which the Company is subject. The Company reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law.

  • 15.LIMITATION OF LIABILITY

    We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with Your use of the Website and/or Services and/or the provision of the Services, whether direct or indirect, incidental, special or consequential, including, but not limited to, damage for loss of business, loss of profits, loss of revenue, loss of winnings, business interruption, loss of business information, loss of data, loss of Lottery Ticket (even where We have been notified by You of the possibility of such loss or damage). The Company shall make commercially reasonable efforts to prevent any malfunctioning in the Website’s activity. However, in any event of a technical failure in the Website’s operating or computer system, human error or force majeure which means any cause beyond the reasonable control of the parties including, without limitation, any of the following: (i) act of God; (ii) war,insurrection, riot, civil disturbance, acts or attempted acts of terrorism; (iii)fire, explosion, flood, storm, earthquake;(iv) strike, lock-out, or other industrial dispute (whether involving the workforce of the party so prevented or any other party), third party injunction; (v) national defence requirements, acts or regulations of national or local governments (including, without limitation, legislation or other regulation restricting, preventing or otherwise prohibiting the provision or availability of the Offering and/or the Services); (vi) public power shortages, malfunctions or failures in public telecommunication or IT services, or breakdown of other public infrastructures; or (vii) inability to obtain essential power, raw materials, labour, malfunction of machinery or apparatus. Therefor, the Company will be entitled to cancel your use of the Services, concerning which the malfunctioning has occurred. In such an event, our sole responsibility and liability will be limited only to the Consideration that was paid by you for purchasing the specific Ticket for the specific lottery draw.

    In addition to the above, it is clarified that the We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, data or information and any direct or indirect loss which arises from these occurrences. We are not responsible for any problems or technical malfunction of any telephone network or lines, computers, systems, servers or providers, computer equipment, software, emails or for traffic congestion on the internet or at any website.

    We reserve the right to cancel, terminate, modify or suspend the Services if for any reason, the Services cannot be conducted as planned, including – but not limited to – infection by computer virus, bugs, tampering or unauthorized intervention, fraud, technical failures or any other causes beyond the Company’s control.

    We make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software and Services contained and/or offered at the Website for any purpose. All information, software and Services are provided “as is” without warranty of any kind. We hereby disclaim all warranties with respect to information, software and Services contained or offered via the Website, whether express or implied. In any event, we shall have no liability with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing at the Website.

    We shall not be responsible or liable to you in the event of systems or communications errors, bugs or viruses relating to the Services and/or Your User Account or which will result in damage to your hardware and/or software and/or data.

    We shall not be liable for any damage caused as a result of any attempt by you (or on your behalf) to use the Website and/or Services by any methods, means or ways not intended by the Company.

    We shall not be responsible or liable for any actions or omissions of internet service provider or any other third party which provides you with access to the Website and/or the Services.

    You will use the Website and Services at Your own risk, and we shall not be responsible for any damage or loss you shall incur as a result of modifications, enhancement, termination, suspension or discontinuation of the Website or any of the Services. We will not be responsible for any damage or loss you shall incur as a result of your use or reliance on the content of any website to which links appear on the Website. Any third-party links, services, resources and information that we provide on or make available through the Website are not controlled by us. Accordingly, we make no warranties regarding such third-party services, resources and information, and Company will not be liable for Your use of or reliance on such third-party services, resources or information.

    You agree to indemnify and hold us harmless against all direct and indirect claims, liabilities, damages, losses, costs and expenses arising from your breach of this Agreement. We reserve the right to withhold and/or deduct any payments and sums due to us in connection with this indemnification obligation, from Your User Account. We shall not be liable for failure and/or delay to perform any obligation under this Agreement (in whole or in part), including, but not limited to, the purchase of Tickets, the fulfillment of the choices You made in connection with the characteristics of the Tickets, the arrangement for the collection of Winnings, choice of manner of the collection of Winnings and/or tax requirements and payments. Without derogating from the above, We will not be liable to You in connection with anything related to the Winnings, including, but not limited to, (i) any act or omission on Our behalf which has caused You to receive a smaller amount than the Winnings, or no Winnings at all, and/or (ii) any circumstances which has caused the Operator to cancel Your right to receive Winnings for any reason whatsoever; and You hereby waive any claim and/or argument in this respect.

    THE WEBSITE, SERVICES, THE WEBSITE CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH ARE PROVIDED “AS IS”, AND WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS OR OF APPLICABLE LAWS, RULES AND REGULATION (INCLUDING, BUT NOT LIMITED TO, ANY OPERATOR’S RULES), OR THAT THE WEBSITE, SERVICES, THE WEBSITE CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR WILL BE FREE OF VIRUSES OR BUGS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION THROUGH THE WEBSITE OR SERVICES.

  • 16.MISC

    The Company may, at its sole discretion, refuse to register and provide a User Account to anyone and close any User Account.

    The Company shall be entitled, at its sole discretion and without any prior notice, to change, amend, modify, remove or discontinue, from time to time, any of the Services with immediate effect. We shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against us in such regard.

    The Company may, at its sole discretion, transfer or assign this Agreement (in whole or in part) to any third party without any prior notice; without derogating from the above, the Website and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of your rights or obligations under this Agreement.

    You understand that you will receive electronic communications from the Company, posted on the Website and/or sent to you via e-mail. All such communications will be considered “in writing” and will be considered received by you within 24 hours from the time in which the notice was posted on the Website or sent to you via e-mail.

    This Agreement constitutes the entire agreement between the Company and You with respect to the subject matter hereof and supersedes any and all prior agreement between the Company and You in relation to the same. You confirm that, in agreeing to accept this Agreement, You have not relied on any representation made by us. Any representation, promise, undertaking or consent, whether verbal or in writing, which is not included in this Agreement, will not be valid.

    If any part of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, then such provision shall be excluded from this Agreement and the remainder of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event this Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction. You acknowledge that your failure to comply with this Agreement may result in disqualification, the suspension and/or termination of Your User Account, forfeiture of funds and/or legal action against you.

    The Company is entitled to amend this Agreement with immediate effect at any time and post the amended version on the Website, and to do so according to its absolute and exclusive discretion, and without providing any notice in advance. It is your sole responsibility to review this Agreement and any amendments, before performing any activity via the Website. Any use by you of the Website and/or Services after making such an amendment shall be deemed as your awareness and acceptance of any amendment of this Agreement. If any amendment of this Agreement is unacceptable to You, Your only recourse is to terminate this Agreement.

    The Parties to this Agreement are independent contractors. Neither Party is an agent, representative or related entity of the other Party. Neither Party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party.

    The failure of the Company at any time in enforcing any right or remedy under this Agreement shall not be construed as a waiver of any future or other exercise of such right or remedy. The Parties agree to attempt and resolve all disputes in good faith negotiation or, if such negotiation fails, before a mutually agreed single arbitrator. Despite the aforementioned, The Company shall hold the ability to bring legal proceedings against the client in the client’s place of residence, immediately and without prior arbitration, in relation to any funds owed by the client to the Company or any other breach of this Agreement. In such case, the governing law can be, according to the company’s decision, the applicable law at the client’s place of residence.

  • 17.RISK DISCLOSURE

    Members of LottoMania365, hereby agree to use the site at their own risk.

    Without any limitation of the provisions mentioned in this document, the services provided on this website is intended only to customers who have the capacity to bear the loss of money invested and who fully understand and acknowledge all the risks involved in purchasing lottery tickets.
    There is a possibility that you could endure partial of full loss of your investment and hence, you should not invest money that you cannot afford to lose.

  • 18.CLIENT'S RESPONSIBILITIES

    Legal Restrictions:
    Without limiting the undermentioned provisions, you understand that laws regarding financial contracts vary throughout the world, and it is your responsibility to make sure you properly comply with any law, regulation or guideline in your country of residence regarding the use of the site. To avoid any doubt, the ability to access our site does not necessarily mean that our Services and/or your activities through the site are legal under the laws, regulation or directives relevant to your country of residence.

    LottoMania365 Membership

    LottoMania365 may offer its Clients, from time to time, to join the Lottery Clubs memberships, in one of the Company’s ongoing lottery programs.
    Joining the Program as a member is done by a separate written instrument stating the terms of the package.
    Yearly Membership Fee is EUR390 per year, first year free. LottoMania365 may amend the yearly membership fee by posting notice on its Internet Website. Purchasing a membership also costs a one time fee, as set forth on the Program terms.
    Client is obliged to renew its membership annually. The Company is not obligated to follow or to inform the Client regarding its membership expiration date.

  • 19.BONUS POLICY

    LottoMania365’s promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any bonus credited to your account must be used in adherence with such terms and conditions.
    Bonuses may be offered in defferent forms, such as giving client credit for purchasing tickets or a package membership. Such bonus shall not exceed 30% of the ticket price or the membership fee.
    The Company reserves the right to amend or withdraw any promotion, bonus or special offer at any time. In the event that the company believes you are abusing or attempting to abuse a bonus or other promotion, or are likely to benefit through abuse or lack of good faith, then we may, at our sole discretion, deny, withhold or withdraw from you any bonus or promotion, or void any policy with respect to you, either temporarily or permanently, or terminate and\or block your access to our services and products and/or your account without being under any obligation to pay you any funds held in your account. (This even includes any winnings generated from any of such promotion, bonus or special offer).
    The Company reserves the right to prevent registered LottoMania365 users, from logging in or depositing from certain jurisdictions from participating and being eligible for any or all promotions and bonuses, at the Company’s sole discretion.
    Any promotion and/or bonus received must be used within 30 days from the date in which such promotion and/or bonus is received; after such 30 days period, the Company will withdraw any part of the promotion and/or bonus not used and You will not be entitled to such part of the promotion and/or bonus.

  • 20.LottoMania365– THE LIFETIME PACKAGE

    The Company is proud to offer to LottoMania365 members a special long-term lottery package. The package is offered uniquely to members and is not offered to clients who are not members.
    The member hereby agree to the following terms:

    1. The Member shall have a “life time” (40 years) participation in the Megamillion lottery games, both Syndicate (group participation) and personal participation at once.
    2. Participation in the lottery games is subjected to the game being operated by its lawful operator. In case the operator ceases or amends the game, LottoMania365 may freeze, amend or terminate the package.
    3. Participation in the lottery games is renewed every year until the end date and is subject to the continuous membership of the member, payment of all yearly and other applicable fees and observing all other LottoMania365 terms and conditions by the member.
    4. The package may be transferred by the client to his/her first degree relative or to his/her heirs and lawful successors. Such transferee shall be under the same Program conditions.
    5. Participation in Winnings –LottoMania365 shall be entitled to 10% of each winning the client achieves.
    6. Participation is available to persons of legal age 18 or above, as applicable to the member. The member is under the sole responsibility to verify that he/she may participate in, and receive Winnings from, any lottery draw.
    7. Company may freeze, amend or terminate the package, the package terms or an individual membership, at its sole discretion.
    8. The Parties agree to attempt and resolve all disputes in good faith negotiation or, if such negotiation fails, before a mutually agreed single arbitrator.
    9. These terms will be deemed accepted by the member by submitting an electronic signed copy to the Company.
    10. These terms are in addition and do not derogate from LottoMania365 general terms and conditions.

  • 21. LottoMania365- 5 YEARS PRESTIGE PACKAGE

    The Company is proud to offer to LottoMania365 members a special long-term lottery package. The package is offered uniquely to members and is not offered to clients who are not members. The member hereby agree to the following terms:

    1. The Member shall have a 5 years participation in one of the lottery games, both Syndicate (group participation) and personal participation at once.
    2. Participation in the lottery games is subjected to the game being operated by its lawful operator. In case the operator ceases or amends the game, LottoMania365 may freeze, amend or terminate the package.
    3. Participation in the lottery games is renewed every year until the end date and is subjected to the continuous membership of the member, payment of all yearly and other applicable fees and observing all other LottoMania365 terms and conditions by the member.
    4. The package may be transferred by the client to his/her first degree relative or to his/her heirs and lawful successors. Such transferee shall be under the same Program conditions.
    5. Participation in Winnings –LottoMania365 shall be entitled to 10% of each winning the client achieves.
    6. Participation is available to persons of legal age 18 or above, as applicable to the member. The member is under the sole responsibility to verify that he/she may participate in, and receive Winnings from any lottery draw.
    7. Company may freeze, amend or terminate the package, the package terms or an individual membership at its sole discretion.
    8. The Parties agree to attempt and resolve all disputes in good faith negotiation or if such negotiation fails before a mutually agreed single arbitrator.
    9. These terms will be deemed accepted by the member by submitting an electronic signed copy to the Company.
    10. These terms are in addition and do not derogate from LottoMania365 general terms and conditions.

  • 22.FREE TICKET

    1. Upon registration and use of services for the first time, a free ticket for participation in a syndicate draw is awarded to the Client. The choice of the lottery draw for the Free Ticket remains at the Company’s sole discretion.
    2. The company clearly states that any winning below the jackpot amount that has been awarded by the free ticket will not be credited and cannot be claimed by you or any third party. The Company may decide, at its sole discretion, that any winnings incurred from the free ticket would be given to the client as a Bonus money only, and subject to the applicable Bonus Policy.
    3. The Company reserves the right to cancel, change or modify these terms and conditions, cancel or suspend this offer and any other promotional feature at any given time and without prior notice. The company’s decision is final on all matters relating to the awarding of the free ticket and shall not be subject to review or appeal.