1. DEFINITIONS
1.1 In these terms and conditions unless the contrary intention appears:
"Account" means the Members account with us;
"Member" means a person who has been accepted by us as a Member following submission of an Application for Registration;
"us" and "we" means LT7 Pty Ltd, owner of jackpotlotto.com.au;
“Syndicate share” means a share in a pre purchased syndicate that is offered for sale by jackpotlotto.com.au.
2. INTRODUCTION
2.1 These terms and conditions govern all aspects of your transactions with us.
2.2 In order to apply for Registration as a Member, you must read these Terms and Conditions carefully and if you fully understand and agree to all of them, check the Terms and Conditions checkbox at the bottom of the Registration page. You must also complete and submit online the Application for Registration.
2.3 By checking this box you represent to us that you have read, understood and accept that you will be bound by these Terms and Conditions.
2.4 Registration occurs when we accept your Application for Registration.
2.5 Upon Registration, you will become a Member of jackpotlotto.com.au.
2.6 Members may participate in and offer to purchase shares, through us in the syndicates we offer for sale:
2.7 We strongly advise that you seek expert legal advice in the jurisdiction in which you are located should you require assistance with or explanation of any of these terms and conditions.
3. WARNING, WARRANTY AND INDEMNITY
3.1 The laws applicable in your place of residence may prohibit you from making purchasing syndicate shares from us. Some jurisdictions have laws which entirely prohibit you from purchasing syndicate shares from us, other jurisdictions have laws which prescribe minimum age requirements for purchasing syndicate shares from us, and other jurisdictions have laws which operate in other ways to prohibit you from purchasing syndicate shares from us.
3.2 We do not wish to violate any such law nor to allow you to make Application for Registration or to purchasing syndicate shares from us where your doing so would violate any such law. If you are a resident, of any jurisdiction where you are subject to any such law, you must not make an Application for Registration or purchasing syndicate shares from us.
3.3 When you make Application for Registration and each time you make an offer to purchase syndicate shares from us, you warrant that you are legally entitled to;
(a) apply for registration;
(b) deposit funds with us;
(c) purchase syndicate shares and to receive winnings from us; and
(d) that all of the above will not in any way violate any applicable laws of your place of residence.
3.4 We do not agree to:
(a) accept your Application for Registration, or
(b) to accept your deposit of funds, or
(c) to accept your offer to make syndicate share purchases, or
(d) to pay you any winnings
while you are prohibited by any such law from any such activity. We therefore rely upon your warranty set out in clause 6 and you indemnify us from any loss arising from those warranties being incorrect.
3.5 When you make an Application for Registration you provide us with certain information. It is your ongoing responsibility to inform us of any changes in the information you have given us.
3.6 We rely on this information being true and correct and not misleading. If the information is untrue, incorrect or misleading in any way, we may cancel your Registration or cancel and dishonour any syndicate shares purchases by you or offers to purchase syndicate shares from you, and we may retain (or recover from you) the value of those Syndicate shares and any winnings paid to you and we may suspend and/or exclude you from being able to make any further purchases of Syndicate shares.
3.7 By making an Application for Registration, you authorise us to make such enquiries as we consider necessary in our discretion to verify the personal information provided by you.
4. OUR AGREEMENT WITH YOU AND THE APPLICABLE LAW
4.1 When you make an Application for Registration, you are making an offer to us to enter into an agreement with you on these Terms and Conditions.
4.2 If we accept your Application for Registration, we are accepting the offer you have made to us. You are deemed to receive notification of that acceptance and an agreement between you and us is formed based on these Terms and Conditions.
4.3 Every time you offer to make a Syndicate share Purchase from us, you are doing so pursuant to these Terms and Conditions and we are accepting that offer.
4.6 We reserve the right, at any time and without notice, to amend the Help Pages and other procedures and explanatory information displayed on or accessible from the jackpotlotto.com.au website.
5. RESPONSIBILITY FOR YOUR ACCOUNT AND ACCOUNT SECURITY
5.1 You are entirely responsible for all of the obligations arising out of or in relation to your Registration and your Account.
5.2 When you make Application for Registration, you will be required to nominate a Membership ID and an Account password. If we accept your Application for Registration, your Member ID will be confirmed by email to the email address specified by you in your Application for Registration.
5.3 You must enter your Member ID and password in order to access your Account details and each time you offer to purchase Syndicate shares from us.
5.4 It is your responsibility to ensure that no other person accesses the jackpotlotto.com.au website or purchases Syndicate shares from us using your Member ID, password or your Account. You must not disclose your Member ID or password to anyone. You will be responsible for any use of your Account by any other person and we expressly disclaim liability in this regard.
6. REGISTRATION
6.1 You will only be able to offer to purchase Syndicate shares from us and to qualify for prizes if you have made and we have accepted your Application for Registration.
6.2 Upon our acceptance of your Application for Registration, we will open an Account in your name, you will be able to make deposits into your Account and you will be able to offer to purchase Syndicate shares from us. We do not guarantee to accept any offers you make to purchase Syndicate shares from us and we may refuse to do so in our absolute discretion without notice to you and without giving reasons.
6.3 You can make Application for Registration as a Member:
(a) if you are an individual person (Accounts will only be opened in the names of individuals);
(b) if you are at least 18 years of age (or older if so required by any laws applicable in your place of residence);
(c) if you are not currently a Member (multiple memberships for a single individual are not allowed);
(d) if you are not a currently excluded or blocked Member for any reason; and
(e) where such Registration and the opening of an Account with us does not contravene any law applicable in your place of residence
6.4 Members cannot withdraw funds that they have deposited or any winnings or any other moneys from their Account until we are supplied with proof of identity, age and place of residence, in a form acceptable to us.
7. PURCHASING SYNDICATE SHARES
7.1 We will only accept offers to purchase Syndicate shares from Members in whose names we have opened Accounts and only through the Site.
7.2 The manner in which you may offer to purchase Syndicate shares is explained in the Help pages on the jackpotlotto.com.au website, accessible from the navigation bar on the site.
7.3 When you click on the "view trolley" button on the jackpotlotto.com.au website, and reconfirm your order by clicking on the "checkout" button you are:
(a) offering to purchase syndicate shares selected by you,
(b) acknowledging that you have read and accepted these terms and conditions, and
(c) authorising us to debit your Account with the cost of the Syndicate shares.
7.4 On receipt by us of your offer to purchase Syndicate shares, our computer system will attempt to give effect to your offer with jackpotlotto.com.au. When jackpotlotto.com.au confirms its acceptance of your offer to us, we will send a purchase confirmation confirming the syndicate purchase.
7.5 Offers from you to purchase syndicates must be received by our computer system prior to the closing time of the syndicate draw. Unless a purchase confirmation is received at your email address the offers will be deemed as being not accepted.
7.6 If an offer to purchase Syndicate shares is not accepted by us by the Deadline the offer to purchases Syndicate shares will not be processed and will be declined,
7.7 If the jackpotlotto.com.au website or our computer system experiences any form of malfunction during:
(a) the receipt of an offer by you to purchase Syndicate shares, or
(b) the process by means of which our computer system attempts to give effect to your offer, or
(c) the creation of a purchase confirmaton from the jackpotlotto.com.au website,
and we are unable to recover or verify the status of that offer to purchase Syndicate shares during data recovery, then such unfinished or interrupted offer to purchase Syndicate shares will be deemed void and not to have been placed. Any necessary adjustments will be made to your Account.
7.8 jackpotlotto.com.au reserves the right to not purchase from its supplier any syndicate that has not fully sold its alloted share quota without notice. Funds will appear as a credit amount in your account.
7.9 jackpotlotto.com.au offers a 100% refund for a syndicate if an order is cancelled 48 hours prior to closing of the draw for that syndicate. Please email us with your request including your member ID and password, which order/invoice you wish to cancel. Funds will appear as a credit amount in your account.
7.10 All Lottery prizes are subject to verification by the lottery provider before payment can made made to your account.
8 DEPOSITING FUNDS INTO YOUR ACCOUNT
8.1 Australian residents who are fully registered as a Member can pay for their purchases by Visa, MasterCard in which case the transaction is recorded as a purchase on your credit card or bank statement.
8.2 Deposits of funds into your Account will only be recognised when we have confirmation from the relevant financial institution that the funds have been credited to our bank account.
8.3 International Members may also deposit funds into their Account by Visa, MasterCard .
8.4 Except where otherwise specified, we reserve the right to recover from you any fees, costs, charges, taxes, imposts, levies or duties we incur in providing our services to you or in respect of Syndicate shares purchased by you or in receiving and/or clearing a deposit into our bank account or in obtaining authorisation or confirmation from the relevant financial institution that the funds will be credited to our bank account or otherwise in respect of this agreement and you hereby authorise us to debit any such amounts to your account.
8.5 You agree to indemnify us against any loss that it might suffer as a result of any deposit made by you being dishonoured or disputed, and in this regard, you authorise us to debit any such amounts to your Account.
9 WITHDRAWING FUNDS FROM YOUR ACCOUNT
9.1 We will only make payments directly to you, and, unless otherwise agreed, only to the address or bank account nominated by you in your Application for Registration. We will not be responsible for your not receiving your funds if this results from you having provided an incorrect bank account number or address or other details affecting payment.
9.2 Except where otherwise specified, we reserve the right to pass on to you any fees, costs, charges, taxes, imposts, levies or duties we incur in transferring funds to you from your Account and you hereby authorise us to debit such amounts to your Account.
9.3 Payment to you can be made by the following methods:
(a) Direct Credit (Australian Members only)
We will transfer funds to your bank account specified at Registration. Direct credits usually take from 24 to 48 hours, depending on the location of your bank.
9.4 As there is a cost incurred in the processing of a withdrawal from your online account, withdrawals will only be processed for account balances of $50 and over.
9.5 We will not be liable for any delayed or lost mail nor will we be liable if you do not receive your withdrawn funds as a result of any incorrect information provided by you to us.
9.6 We reserve the right to place a stop payment on any cheque that is issued to you or to temporarily block your Account if we consider that payment of such cheque or continuance of such Account is illegal or constitutes an offence.
(a) We further reserve the right to withhold payments of any nature and to void all winnings of a Member if the Member's Registration details are false or misleading.
(b) No credit is available on your Account. It is your responsibility to ensure that there are sufficient cleared funds in your Account in advance to cover all transactions related to your Account, including but not limited to your offer to purchase a Syndicate shares and all fees, costs, charges, taxes, imposts, levies or duties for which you are responsible.
10 CLOSURE OF YOUR ACCOUNT
10.1 We may suspend or close your Account at any time without notice and without giving you any reason.
10.2 If we close your Account, provided that you have given us proof of identity, age and place of residence in a form acceptable to us, we will remit to you the funds balance, if any, held in your Account at that time less applicable costs, fees and charges. If we close your Account at a time when you have Syndicate shares in Lotteries which have not yet been drawn, we will send you the proceeds of those Syndicate shares, if any, less applicable costs, fees, and charges when the results have been determined. This does not prejudice any right of ours elsewhere in these Terms and Conditions or at law to refuse, cancel or dishonour any purchase or offer by you to purchase any Syndicate shares.
10.3 Any funds in an Inactive Account, less applicable costs, fees and charges will be remitted to you by cheque, provided that you have given us proof of identity, age and residence, in a form acceptable to us.
10.4 Except as otherwise stated in these Terms and Conditions:
(a) all references to money are references to Australian Dollars;
(b) the ordinary rules of foreign exchange applicable in respect of the relevant method of payment and the relevant financial institution will apply to all payments involving conversion of foreign currency; and
(c) you agree to accept any and all foreign exchange fees, costs, charges, taxes, imposts, levies or duties incurred by us in receiving funds deposited by you or transferring funds withdrawn by you from your Account. We do not make or charge any commission on foreign exchange.
10.5 In the event of a Member's death, the balance of the Member's Account will automatically form part of the deceased Member's estate. Claimants will be required to supply proof of entitlement in a form acceptable to us.
11 RESPONSIBLE GAMBLING AND SELF EXCLUSION
11.1 We are committed to responsible gambling.
(a) A Member may request to be excluded from making Syndicate shares Purchases at any time by contacting us through the jackpotlotto.com.au website. Once self-exclusion procedures have been completed, a self excluded Member will not be able to effect any Syndicate shares Purchases for a period of 180 days. A Member who self excludes three times will be excluded permanently.
(b) We may in our absolute discretion permanently exclude a Member from making Syndicate shares Purchases, in which case we will remit the balance of the Member's Account to the Member.
12 PRIVACY
12.1 We collect information about you from the Application for Registration and from your transactions and use of the Site. This information may include your name, contact details, date of birth, identification details and details relating to your transactions and use of the Site. We collect this information for the purposes of assessing and processing Applications for Registration and for the administration of Accounts, and for carrying out marketing, planning, product development, administration of the Site and research.
12.2 All information collected by us by means of the Site shall become and remain our property.
12.3 You authorise us to disclose the information provided by you to us in your application for Registration or subsequent thereto, to relevant financial institutions and our agents and sub contractors for the purpose of validating and obtaining authorisation for any deposits made by you.
12.4 You have the right to opt out of marketing mailings.
12.5 Members will usually be entitled to gain access to information which we hold about them, except in certain circumstances specified by legislation. If you wish to gain access you can contact us. We may charge a fee for providing Members with access to their personal information.
12.6 If an applicant does not provide all the information requested in the Application for Registration, except for those fields marked "optional", we cannot process the application.
13 GENERAL
13.1 These Terms and Conditions and the jackpotlotto.com.au website are not, and should not be understood in any way to be, advertising, promoting or inducing gambling, or publishing gambling information.
13.2 Except to the extent that liability cannot be excluded by law, we will not be liable for any direct, indirect, incidental or consequential loss, loss of a chance, damage (including but not limited to damage for loss of profits, business interruption, loss of programs or information, and the like), expense, claim (including but not limited to any claim attributable to errors, omissions or other inaccuracies in the jackpotlotto.com.au website and/or failures in the communications links provided by telecommunications carriers or service providers or between financial institutions, materials or information downloaded through the jackpotlotto.com.au website), action or liability of any nature ("loss") arising out of your Registration with and Membership, your Account, the purchase or attempted purchase by you of a Syndicate shares, the use by you or any inability to use the jackpotlotto.com.au website, the failure of the jackpotlotto.com.au website to give effect to any offer by you to make a purchase a Syndicate shares whether accepted by us or not.
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13.3 By accepting our Terms and Conditions you agree to indemnify un from any loss arising from any errors or omissions we may make in putting on a valid syndicate for a lotto draw of any description by a due date or time. Errors caused by electronic transfers of data or human error in transcription of numbers or human error of any kind are included. We will make every endeavour to claim prizes greater than $1,000 (in total) through our Public Professional Indemnity Policy, but as an act of good faith, any prize less that $1,000 (in total) will be paid regardless of who made the error.
13.4 We give no warranty whatsoever that the jackpotlotto.com.au website will be available for use by Members permanently or for any minimum period of time.
13.5 Any non-enforcement by us of any of our rights under this agreement and these Terms and Conditions will not constitute a waiver of those rights. Any waiver by us of any of our rights under this agreement and these Terms and Conditions will not constitute a waiver on any subsequent occasion.
13.6 While considerable care has been taken in compiling and updating content on the jackpotlotto.com.au website, we do not guarantee the accuracy of such content. To the extent permitted by law we exclude all warranties in relation to the content and is not liable for any damage, loss, cost or expense incurred by any person using the jackpotlotto.com.au website.
13.7 From time to time, the jackpotlotto.com.au website may contain links to other sites not operated by us. We do not control those sites and cannot be held responsible for their content. Such links do not indicate endorsement or support of any goods, services or content on those sites and we will not be liable to any person for any goods, services or content which may be purchased or accessed through links to jackpotlotto.com.au.
13.8 We cannot and do not guarantee that files available for downloading from the jackpotlotto.com.au website will be free of viruses, or other codes that may corrupt or destruct properties. Members are solely responsible for implementing virus checking and other procedures to prevent any such corruption or destruction. Files are downloaded and used by Members at their own risk.
13.9 You agree to indemnify us, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal costs, arising out of your use of the jackpotlotto.com.au website and any content on the jackpotlotto.com.au website or from any violation of this Agreement (including negligent or wrongful conduct by yourself or any other person accessing the jackpotlotto.com.au website).
13.10 We will be entitled at any time and without notice to assign any or all of our rights and duties under these Terms and Conditions and our agreement. Since Registration is personal to the Member, you may not transfer, assign or otherwise dispose of your rights and obligations under these Terms and Conditions and our agreement.
14 THE TERRY FISHER CHALLENGE - REFUND CRITERIA
14.1 If none of the 1000 System Seven entries wins a prize then an amount equal to double the initial share price investment will be deposited into your account. There is no guarantee however that the amount of the prize dividend will be greater than the initial investment. If the prize dividend is less than the initial investment then no refund of the initial investment will apply.
