GB Global Solutions LLP, number OC425721, 20-22 Wenlock Road, London, Great Britain
These Terms and Conditions (the "Terms"), together with the Privacy Notice and the Site Terms (as defined below) govern your relationship with Lottoviva, including its parents, subsidiaries, divisions, branches, and affiliates (collectively the "Company"), and set forth the terms and conditions under which the Company makes available its internet website at https://www.lottoviva.com/ ("Site") and all the services or products available through the Site or otherwise provided by the Company (the "Services") to each person or entity which is accessing or using the Site and/or Services (each a "User" or "you"). These Terms apply to all users regardless of their location and nationality to the maximum extent permissible under applicable law.
The Company's Services and its representing Site provides information about leading worldwide official lotteries that are provided by independent official lottery operators ("Lottery Operators") and enables registered Site Users to purchase lottery tickets for specific and separate lottery draws and offers Services to Users, available at the Site, all subject to and in accordance with these Terms. A complete list of the Lotteries in which Users may participate, and the schedule for each lottery draw, will be displayed on the Site ("Lottery Draw").
Consent, Modification and Language
Official Scanned Tickets
The Site may provide group official ticket purchases. Such group official tickets are pre-purchased and automatically appear in your account. Single official tickets are scanned and uploaded into your account where they can be viewed at all times. It is only the purchase of single official tickets that are scanned and then uploaded into your account.
In the event of winning the jackpot you are required to collect your winning official ticket physically from one of our local agents, then you can claim your winnings personally, and directly. For more information please scroll down to [‘Definition of Prizes and Collections’].
Eligibility to Accept Terms
The Site is intended for individuals over the age of eighteen (18) or the age of majority in your jurisdiction. Therefore, if you are under 18 years, or age of majority in your jurisdiction, you are prohibited from registering an Account (defined below) and using the Services (defined below). By using the Site or Services (as defined below) you hereby represent that you are over the age of eighteen (18) or the age of majority in your jurisdiction, and are not otherwise prohibited or restricted from accepting these Terms. If it comes to our attention through reliable means that a User is under the age of 18 years we may, to the extent applicable, cancel that User's Account and/or access to the Site.
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 Site. 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 comply with the applicable laws and rules. Without derogating from the above, the Services will not be available in Israel or in Slovenia.
We hereby grant you permission to access and use the Site, provided that you comply with these Terms and applicable laws, and do not: copy, distribute or modify any part of the Site or Services (as defined below) without our prior written authorization; use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content, except as expressly authorized herein; disrupt servers or networks connected to the Site or Services; use or launch any automated system (including without limitation, "robots" and "spiders") to access and/or use the Site or Services; use the communications systems provided by the Site to send unsolicited or unauthorized commercial communications; use the Site or Services for fraudulent or deceptive purposes; and/or (vii) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. We reserve all rights not expressly granted in and to the Site.
Subject to applicable registration and eligibility requirements, and your compliance with these Terms, we offer certain Services in connection with the Site, including, and without limitation to: the Lottery Ticket, Prize Collection Service, Subscription Service, Alert Service and Support Service.
You agree and acknowledge that the Company does not offer any type of lottery or gambling products; the Tickets represent tickets purchased for the participation in lotteries organized and managed by Lottery Operators and not by the Company.
You acknowledge that you do not find the Services and the Site to be offensive, objectionable, unfair, or indecent in any way. Furthermore, you acknowledge and agree that the Company provides only the Services and does not and cannot guarantee any kind of outcome, prize or other result in connection to any Lottery Draw, and that you participate at such Lottery Draw at your sole risk.
THE COMPANY IS NOT AFFILIATED OR ENDORSED BY ANY LOTTERY OPERATOR AND ANY REFERRAL TO ANY SPECIFIC OPERATOR ON THE SITE IS SOLELY FOR INFORMATIONAL PURPOSES AND DOES NOT REPRESENT ANY RELATIONSHIP WHATSOEVER WITH ANY OPERATOR.
General. In order to use some of the Services, it is necessary to first create an account (an "Account") and submit certain mandatory information to us in connection with your Account. You reserve the right to decide whether to submit any information to us, however, if you choose not to submit mandatory information you may be unable to register an Account and use or participate in certain Services. You may only register one Account for your own personal use. You agree not to create an Account for anyone else or use the Account of another. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account and you must keep your Account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your Account. You can stop using, and may delete your Account at any time by using the tools that are available on the Site ("Site Tools").
Account Restrictions. If you are an employee, director, officer, or Agent (defined below) of the Company (each an "Employee"), or a spouse, de facto partner, parent, sibling, child or close family member of an Employee, then you are prohibited from registering an Account and participating in any Services. "Agent" means any
• entity or person that is connected with the management or operation of a Lottery Draw, and includes each Lottery Operator and its employees; or
• any third party service provider (and its employees) that we engage to perform Site management tasks on our behalf. 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 (including, but not limited to, Winnings) held in that User Account.
You represent, warrant, acknowledge and undertake that (a) you will not use your User Account, the Site or the Services, and will not allow any third party to use your User Account, the Site or the Services, for any illegal, unlawful, offensive, unauthorized, fraudulent, money laundering or other improper activities, and you shall not break into the Site or attempt to do the same, including, among others, uploading, posting, emailing, communicating or otherwise making available any content that is unlawful, harmful, threatening, abusive, defamatory, libelous, offensive or otherwise objectionable, ("Illegal Actions"), (b) in case you will perform any Illegal Action (and/or allow a third party to perform an Illegal Action) the Company shall be entitled to disclose any and all of content of your User Account (including, but not limited to, personal identifiable information) to the relevant authorities, and to suspend, cancel and/or terminate your User Account and return to you any remaining funds in your User Account and/or confiscate any and all funds in your User Account, (c) you shall be solely responsible for all losses, liabilities and damages incurred as a result of any Illegal Action performed by you (and/or allow a third party to perform an Illegal Action) and you shall indemnify us for any such losses, damages and liabilities incurred from such activity, (d) you have not had a User Account in the past which was terminated or suspended by the Company, (e) the method of payment information you provided the Company in connection with your User Account is of means of payment owned by you and in your name (or that the owner of the means of payment provided you with all required consent to use that means of payment for using the Services and purchasing Tickets via the Site, and you are acting within the confines of that consent) and were not stolen or reported as lost, (f) the Company is not obligated in any form or manner to validate the consent granted to you by the owner of the means of payment which you use, and (g) you are not and you have not notified us that you are addicted to gambling.
The Company shall be entitled, as required under applicable law, to inform relevant authorities, online service providers, 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 illegal activity performed by you or via your User Account, and you will cooperate fully with the Company to investigate any such activity.
A) If you do not access your User Account, for any consecutive period of 180 days, then after those 180 days have expired (the "Period") your User Account will be deemed inactive ("Inactive").
B) Once your User Account has been deemed Inactive, the Company will be entitled to charge you an administrative fee at the amount of the higher of: (i) 15 Euros or (ii) 10% of the balance in your inactive User Account; such fee will be charged on the first day following the end of the Period and on every thirty (30) days thereafter. In the event that you access your User Account after the Period, the Company will cease to charge the administrative fee but shall not be obligated to return to you any administrative fees already deducted from your User Account.
C) After the Period has expired the Company shall be entitled to remove or cancel any bonuses in their entirety from your User Account, at its sole discretion.
Each Lottery Draw is performed by the Lottery Operator. Your participation in each Lottery Draw is subject to the terms and conditions of the related Lottery Operator ("Lottery Operator Rules"), which you agree to independently review and comply with. The Company is not responsible for any terms and conditions of the Lottery Operator, and you shall have no claim or demand to the Company with respect to any such term or condition or any action by such Lottery Operator which may adversely affect you.
Lottery Ticket Service
General. We make certain tools available on the Site so that Users can complete and submit online lottery forms in connection with Lottery Draws ("Forms"); engage local representatives to locally lodge Forms on our Users' behalf with Lottery Operators ("Local Representative"); display the results of Lottery Draws on the Site; if applicable, collect the winnings from the Lottery Operators and facilitate the payment of Prizes (defined below) to eligible Users; and/or if applicable, facilitate the hand-delivery of a Winning Lottery Ticket (defined below) to eligible Users (collectively, the "Lottery Ticket Service").
Participation in the Lottery Ticket Service. In order to participate in the Lottery Ticket Service you must have registered valid information, and maintain an active, Account; and comply with these Terms.
Completion, Submission and Purchasing of Forms. If you wish to participate in a Lottery Draw, you must use the Site Tools to complete a Form by choosing the type of form and inserting your numbers into each line; submit the completed Form; and pay the price for submitting the Form and participating in the related Lottery Draw ("Form Price").
Form Price. The Form Price is the amount displayed on the Site at the time you submit the Form; includes our service fee and therefore may be higher than the participation price you would pay if you paid to submit an equivalent lottery form directly to the Lottery Operator; is subject to change from time to time, as displayed on the Site; and is subject to the quantity of lines and numbers in the Form that you choose to submit and the number of lottery games you choose to participate in. Payment of the Form Price will be made in your Designated Currency (defined below).
Group Play Service
General. The Site offers multiple users to use our Messenger Service in order to jointly purchase, through our Lottery Ticket Service, a number of Lottery Tickets for a given Lottery Draw and to share in any Prize which may be due if such Lottery Tickets are Winning Lottery Tickets ("Group Play" or "Group Play Service"). "Group" means a group of users that uses our Messenger Service to purchase a set of Lottery Tickets through the Group Play. The Group Play Service does not enable you to choose the members of a Group or the number of Groups that may participate in such Group Play Service.
Shares. Group Play offers you the opportunity to purchase one or more equal portions of ownership in a Group and the Lottery Tickets purchased by the Group ("Shares"), to the extent such Shares are available. We determine: (i) the total number of Shares available for purchase in a Group ("Total Shares"); (ii) the number of Lottery tickets purchased by the Group; and (iii) the number combinations played by Lottery Tickets purchased by the Group ("Lines"). The Site will display the Total Shares, the Lines played, and the remaining Shares available for purchase by you in the Group prior to your purchase of any Shares. By purchasing a Share, you will not own any specific Lottery Ticket or Line purchased by the Group. Any Shares not purchased by Site users shall be owned by us.
Group Prize Share. The portion due to you of any Prize resulting from Winning Lottery Tickets purchased on behalf of a Group ("Group Prize") will correspond to the percentage of Shares you have purchased of the Total Shares in that Group.
Group Prize Collection. Group Prizes shall be collected on the terms and conditions set forth for the collection of Prizes. Without derogating from the foregoing, if you purchase a Share, you hereby appoint, and grant power of attorney to, the person whom we may choose to collect any Group Prize, if such Prize is higher than US$2,500 and/or results from a Jackpot or Locally Taxed Winning (defined below), and to distribute to you, or effect the distribution of, your portion of the Group Prize (the "Group Representative"). You further agree to take all necessary action to effect such appointment and grant of power of attorney as we may direct, including but not limited to, signing a separate power of attorney document empowering the Group Representative to take the actions set forth herein, or that we may otherwise require, to effect collection and distribution of the Group Prize. You understand that if you do not comply with our instructions with reference to a Group Prize you may not be able to receive your portion of such Group Prize.
Limitation. Group Play may not be available in combination with other service or features offered on the Site, including but not limited to our Subscription Service (defined below). The Company reserves the right to cancel a Group Game in case there are not enough shares purchased to cover the cost of the game. In such case the users who purchased shares for this specific Group game will receive the same amount of shares for the following Group Game, or alternatively can receive a refund for their amount of shares purchased.
Where the Winnings in any single Program or Ticket are USD 10,000 or higher, the Company shall charge a commission of 10% of the Winnings.
Form Price Payment and Confirmation
Confirmed Payments. Upon our receipt of the Form Price, we will send you an email payment confirmation. You may also view information about your participation, including your payment details and the name and date of the related Lottery Draw, in your Account.
Pending Payments. In the unlikely event that there is a delay (for example, due to technical issues in the processing of a transaction) between your submission of a Form and payment of the Form Price and our receipt of payment, then the status of the transaction will be pending until such time as we receive the Form Price.
Cut-off Time. We stop accepting the submission of a Form a certain number of hours prior to the execution of the related Lottery Draw by its Lottery Operator ("Cut-Off Time"). We display the amount of time that is remaining until the Cut-Off Time for each Lottery Draw on the Site. We retain the right in our sole discretion to determine the length of the Cut-Off Time. Please be aware that once the Cut-Off Time for a particular Lottery Draw has been reached, you will no longer be able to submit a Form for it, you will only be able to participate in the next Lottery Draw.
Local Submission of Forms and Local Representatives. Following our receipt of a Form and Form Price, we engage a Local Representative to locally lodge the Form with, and purchase the related lottery ticket from, the Lottery Operator ("Lottery Ticket"). We use commercially reasonable efforts to ensure that each Lottery Ticket complies, and is lodged in accordance, with the time-frames set forth in the related Lottery Operator Rules. You acknowledge that since Lottery Tickets are purchased locally immediately following your submission of the Form, there is no option of timely cancellation and you agree that your submission of a Form and payment of the related Form Price is final, non-cancellable, and non-refundable (except as expressly set forth in these Terms). In the event of any inconsistency between the numbers appearing on a Form and a Lottery Ticket, the numbers on the Lottery Ticket will prevail.
See Your Ticket Service. You may view scanned copies of your Lottery Tickets in your Account. You acknowledge that it takes time to upload scanned copies of Lottery Tickets, and there may be a delay between the time that the Lottery Ticket is purchased and the time that a copy is made available for you to view.
Performance of the Lottery Draw and Results
Following each Lottery Draw, the Lottery Operator publishes the related final and conclusive winning numbers ("Winning Numbers"). To the extent that a Lottery Ticket includes Winning Numbers you may be entitled to a cash prize to be paid by the Lottery Operator ("Prizes"). The number of Winning Numbers that you need to obtain to be entitled to winnings in connection with a Lottery Draw, as well as the amount of a Prize, is determined solely by the Lottery Operator. We use commercially reasonable efforts to publish the official Lottery Draw results, including the Winning Numbers and Prizes, on the Site as soon as possible following official publication thereof by the related Lottery Operator. If your Lottery Ticket is a winning ticket ("Winning Lottery Ticket") then we will send an email to your designated email account and (if you have chosen to participate in our Alert Service) an alternate means of communications, notifying you of your entitlement to collect a Prize.
Definition of Prizes and Collections
General. The Site differentiates between the following categories of Prizes: the top prize in a particular Lottery Draw ("Jackpot") and Prizes that are subject to local tax in the jurisdiction of the Lottery Operator ("Locally Taxed Winnings"); and Prizes that are not a Jackpot or Locally Taxed Winnings ("Secondary Winnings"). Depending on the category, we offer different options for you to either personally collect your Prize or to have it transferred to you, all subject to and in accordance with these Terms.
Jackpots and Locally Taxed Winnings
If you are entitled to a Jackpot or Locally Taxed Winnings, then you are responsible for personally collecting the Prize from the related Lottery Operator in accordance with the section herein entitled 'Direct Prize Collections'. Notwithstanding the foregoing, the Company, may, in its sole discretion, offer to collect the Prize on your behalf from the related Lottery Operator and transfer the Prize to you in accordance with our Prize Collection Service.
If you are entitled to Secondary Winnings, you agree that we will collect the Winnings on your behalf from the related Lottery Operator and transfer the winnings to you in accordance with our Prize Collection Service.
Prize Collection Service
We offer a collection and transfer service whereby we will collect your Prize from the Lottery Operator on your behalf and transfer it to your Account (the "Prize Collection Service"). You retain the right to withdraw any Real Money (defined below) in your Account at any time in accordance with Section entitled 'Withdrawals from Your Account' herein. You hereby authorize the Company and its representatives to collect your Prize from the related Lottery Operator on your behalf and transfer it to you. We use commercially reasonable efforts to transfer the Prize to you promptly after our actual receipt of the Prize from the Lottery Operator. We will transfer the Prize to you in your Designated Currency. You acknowledge and agree that if, for any reason, the Lottery Operator fails to deliver the Prize to us, then we will not have any obligation to pay a corresponding amount to you; and we will make the Winning Lottery Ticket available to you, in which case you may choose to personally collect your Prize from the Lottery Operator. You expressly acknowledge and agree that if we collect the Prize on your behalf and transfer it to you, then we may deduct associated bank transfer costs from the amount of the Prize; and as applicable, the Lottery Operator may deduct taxes, withholdings, or other sums from the amount of the Prize in accordance with its Lottery Operator Rules. You hereby waive any claims you may have against the Company with respect to any such deductions.
General. The Site enables you to automatically participate in a specific Lottery on a periodic basis (the "Subscription Service").
Frequency of Participation
If you elect to participate in the Subscription Service and subscribe to a specific Lottery, then you will participate in each future Lottery Draw of that Lottery. You acknowledge that the frequency of Lottery Draws each week depends on the specific Lottery that you are choosing to subscribe to (for example, some Lotteries have a draw once a week, whereas others have a draw two or three times a week). You may choose to simultaneously join an unlimited number of subscriptions (for different Lottery Draws or for different Categories).
Subscription Form Numbers
Default Numbers. By default, your participation in any of the Lotteries through the Subscription Service will be based on the Form numbers that you designate when you commence participating in the Subscription Service ("Subscription Form Numbers").
For such time as you are participating in the Subscription Service, you will be debited the Form Price for each Lottery Draw that you play. We endeavor to lodge each Lottery Ticket as soon as the Site begins to accept Forms for a Lottery Draw, and therefore you acknowledge that if you decide to suspend or deactivate your participation in the Subscription Service, you may still be charged, and you agree to pay, the Form Price for the upcoming Lottery Draw. You acknowledge that the Form Price for each Lottery Draw may be subject to change for a number of reasons including, without limitation: since the amounts that are displayed on the Site are based on your Designated Currency, the Form Prices are subject to daily currency conversion variations; the Lottery Operator may change the price that it charges for its lottery tickets; since the Form Price may differ between various Lotteries, the Form Price for each Category may be different depending on which Lottery Draw is designated in that Category; or our service fees may change.
You agree that we may automatically debit your Account in connection with your participation in the Subscription Service. If your Account does not contain adequate funds to pay for your participation in the Subscription Service then we will charge your payment method (for example, the credit card that you have designated in your Account), and you hereby authorize us to do so; or we will not purchase your Lottery Ticket, in which event we will send an email to your designated email address notifying you that the transaction was not carried out due to the applicable circumstances.
Payments to the Company
You acknowledge and agree that if you choose to make a purchase on the Site (for example, by paying the Form Price) with your credit card; or there are insufficient funds in your Account to pay for a transaction that you have entered into, then the Company may charge that credit card or the credit card that you designate in your Account, and you hereby authorize the charging of that credit card (or any replacement card).
Restrictions and Acknowledgements
The Company holds a zero tolerance fraud policy, and is taking all measures possible to prevent it.
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 of 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 cash outs, suspend or terminate your User Account and all related User Accounts, 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.
The Company does not tolerate money laundering and supports the fight against money laundering. For this purpose, the Company uses, inter alia and without derogating from any other provision of this Agreement, the following policies:
• Ensuring Users have valid proof of identification.
• Maintaining records of identification information.
• Determining that Users are not known or suspected terrorists by checking their names against lists of known or suspected terrorists.
• Closely following Users' money transactions.
• Not accepting cash, money orders, third party transactions, exchange houses transfers or Western Union transfers.
• 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.
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 Site, 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 Site 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 Site 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 Site and/or the Services, and (iii) making the Site and/or the Services (or any part thereof) available to any third party.
Without derogating from the generality of the foregoing, it is hereby clarified that any marks or logos used in the Site or Services are the Company's trademarks, and any use thereof or of similar signs or marks is prohibited and will constitute a violation of the Company’s rights. All content and use of the Site and the Services is for personal, non-commercial use only. Any other use is strictly prohibited and you will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any such use.
Transfer to your funds
General.During your use of the Site and Services, the following types of money or credit may be transferred to you or to your Account: Prizes; the cash value of money that you deposit into your Account for your use on the Site ("Deposits"); and/or a Referral Bonus, Referred Present or Welcome Bonus. Prizes and Deposits are collectively referred to herein as "Real Money". Referral Bonuses, the Referred Present and the Welcome Bonus are collectively referred to herein as "Bonus Credit". Your entitlement to any Real Money and/or Bonus Credit is subject to and in accordance with these Terms.
Use of Real Money. Real Money is transferred to your Account and may be used in connection with your future transactions on the Site (for example to purchase Forms). You may withdraw any unused Real Money at any time in accordance with Section entitled 'Withdrawals from Your Account' herein.
Use of Bonus Credit. Bonus Credit is credited to your Account and may be used solely in connection with your future transactions on the Site (for example to purchase Forms). You may not withdraw the cash or monetary value of unused Bonus Credit from your Account.
Notice: bonus credit cannot be used to purchase single tickets, only group entries.
Order of Use and Sufficient Funds. If you make a purchase via the Site, then we will first debit the money deposited by you into the Account and thereafter any available Bonus Credit that you have in your Account. If there is insufficient Bonus Credit to pay for your transaction, we will debit any Real Money that you have in your Account. Please be aware that if your Account does not contain sufficient Bonus Credit or Real Money to pay for your transaction, then we will charge the payment method that you have designated in your Account (for example, your credit card), and you hereby authorize us to do so.
Withdrawals from Your Account. You may at any time use the Site Tools to withdraw the available Real Money in your Account, or any part thereof, by selecting your preferred withdrawal method subject to your Account having a minimum amount of Euro 20.00. In order to withdraw certain amounts, you may first be required to provide us with specific information that will be used to confirm your identification and/or verify your credit card or other payment method. Additional information regarding the withdrawal of Real Money is a part of KYC forms and regulations. Where the winnings in any single ticket are USD 5,000 or higher, while participating in a Group it might be necessary to complete all draws before withdrawal. Please note that if we provide you with any Bonus Credit then it is solely for you to use in connection with the Site and it cannot be withdrawn from your Account, and any withdrawal fees associated with such withdrawal will be deducted from your Account upon such withdrawal.
Taxes and Reporting. You shall be solely and wholly responsible for the reporting and payment of any and all taxes and charges arising from or imposed on amounts paid or transferred to you by the Site under these Terms. You acknowledge and agree that the Lottery Operator might retain a portion of your Prize and forward it to the appropriate taxing authority on your behalf.
Currency. To the extent that we credit or transfer you any amounts under these Terms, we will do so in the same currency that you have designated in your Account to make payments to the Company ("Designated Currency"). You may choose your Designated Currency from a list of currencies that we display on the Site. You may change your Designated Currency at any time by accessing your Account and using the Site Tools. Please be aware that each time you change your Designated Currency, the funds in your Account will automatically be converted into the new currency and we may charge you a currency exchange fee for each such conversion; the amount of the fee is displayed on the Site.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process, subpoena or governmental request, enforce the Site Terms, including to investigate potential violations of them, detect, prevent, or otherwise address fraud, security or technical issues, respond to User support requests, or protect the rights, property or safety of the Company, its users or the public.
If you have any questions or complaints regarding the Site, including with respect to our Services and/or any payments, you may email us at Support@lottoviva.com, submit an inquiry to us by using the 'Contact Us' option that is provided on the Site; chat with us via the online tool that we provide on the Site; and/or call us (at your own cost) to the support telephone number that we display on the Site (collectively, the "Support Service"). We use commercially reasonable efforts to respond as quickly as possible. If you have a complaint, you agree to provide full details of your complaint so that we can clearly identify the issue of concern. We may use the tools, software or services of third party service providers in connection with the Support Service. .
This section applies whether or not the Services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
THE SITE IS PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
THE COMPANY DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF OUR OR OTHER SERVERS, DELAY OR FAILURE IN TRANSMISSION, OR ANY ALTERATION OR DISTORTION OF DATA.
WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY LOST LOTTERY TICKET OR FAILURE TO LODGE A FORM OR PURCHASE A LOTTERY TICKET, OR FOR ANY CLERICAL ERRORS THAT MAY BE INCLUDED IN A LOTTERY TICKET, WHETHER SUCH FAILURE OR ERROR ARISES FROM OUR, OR ONE OF OUR SERVICE PROVIDER'S SYSTEMS, OR FROM OUR, OR ONE OF OUR SERVICE PROVIDER'S, HUMAN ERROR (EACH AN "INCIDENT"). TO THE EXTENT THAT ANY INCIDENT ARISES, OR WE BECOME AWARE OF ANY INCIDENT, WE RESERVE THE RIGHT TO CANCEL A LOTTERY TICKET OR PURCHASE AN EQUIVALENT TICKET FOR A FUTURE DRAW. OUR SOLE LIABILITY TO YOU, AND YOUR SOLE REMEDY, SHALL BE TO PROVIDE A NEW TICKET OR A REFUND OF THE RELATED FORM PRICE.
YOU ACKNOWLEDGE THAT CONTENT REGARDING A LOTTERY DRAW, INCLUDING THE OFFICIAL RESULTS OF ANY LOTTERY DRAW (COLLECTIVELY, "LOTTERY OPERATOR DATA"), IS BASED ON INFORMATION THAT WE OBTAIN FROM LOTTERY OPERATORS AND SUCH CONTENT MAY BE INCORRECT, INCOMPLETE, AND SUBJECT TO CHANGE. WE DO NOT WARRANT, ENDORSE OR GUARANTEE THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY LOTTERY OPERATOR DATA AND YOU AGREE TO VERIFY LOTTERY OPERATOR DATA VIA THE WEBSITE OR OFFICIAL PUBLICATIONS OF THE RELEVANT LOTTERY OPERATOR.
WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING YOUR CHANCES OF OBTAINING WINNING NUMBERS OR OF BEING ENTITLED TO A PRIZE. THE COMPANY DOES NOT GUARANTEE THAT A LOTTERY OPERATOR WILL PERFORM (INCLUDING PROPERLY) ANY LOTTERY DRAW, HONOR A LOTTERY TICKET AND/OR, PAY APPLICABLE PRIZES, AND YOU AGREE THAT THE COMPANY WILL NOT BE RESPONSIBLE FOR THE FAILURE OF ANY LOTTERY OPERATOR IN CONNECTION WITH ANY OF THE FOREGOING ACTIVITIES. IN NO EVENT WILL THE COMPANY BE REQUIRED OR LIABLE TO PAY YOU ANY PRIZE, OR AMOUNT EQUAL TO THE PRIZE, IN THE EVENT THAT A LOTTERY OPERATOR FAILS TO DO SO FOR ANY REASON. YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE CLAIMS, RIGHTS OR REMEDIES YOU MAY HAVE AGAINST THE COMPANY THAT ARISES FROM YOUR INTERACTION WITH A LOTTERY OPERATOR AND/OR THE ACTIONS OR INACTIONS OF A LOTTERY OPERATOR.
THE COMPANY IS NOT A LOTTERY OPERATOR AND DOES NOT HOLD OR PROVIDE LOTTERY DRAWS. YOUR PARTICIPATION IN EACH LOTTERY DRAW IS VOLUNTARY AND AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH A LOTTERY OPERATOR OR ANY OTHER USER OR THIRD PARTY IN CONNECTION WITH THE SITE AND/OR A LOTTERY DRAW (AND ANY PRIZE IN CONNECTION THERETO), YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. THE COMPANY RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY NOTICE, THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND/OR AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARISES UNDER THESE TERMS OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY'S, OR OUR AFFILIATES', AND OUR RESPECTIVE OFFICER'S, DIRECTOR'S, EMPLOYEE'S, LICENSOR'S, ASSIGN'S AND/OR AGENT'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF THE AMOUNT (IF ANY) PAID BY YOU TO THE COMPANY FOR USING THE SITE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE GIVING RISE TO SAID CLAIM; OR US$100 (ONE HUNDRED U.S. DOLLARS).
You agree to defend, indemnify and hold harmless the Company and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: your use of, or inability to use, the Site or Services; any dispute between you and another User or Lottery Operator; or your violation of the Site Terms.
Responsible Gaming Policy
The Company encourages a responsible attitude towards betting and gaming, and in this regard we: prohibit anyone under the age of 18 years from registering an Account and using our Services; recommend that all Users establish limits for participating in Lottery Draws; and do not recommend that Users turn to Lotteries as a source of income or as a way to recoup debt. If you feel that you are using our Services in an irresponsible way we encourage you to stop using and close your Account by using the Site Tools that we make available on the Site to do so.
If you have concerns about your participation in Lotteries, then we encourage you to consult with a relevant organization in your country, for example, one such organization is Gamblers-Anonymous, an organization that provides information, advice and practical help in addressing the social impact of gambling, at: www.gamblersanonymous.org. Gamblers-Anonymous provides counseling support, information and advice services, as well as a forum and chat room where participants can discuss, ask questions and offer advice.
Term and Termination
These Terms are effective until terminated by the Company or you. The Company, in its sole discretion, has the right to terminate your access to the Site, or any part thereof or to the Services, immediately at any time (including, without any limitation, for a breach of these Terms). The Company shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of the Site Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by the Company without restriction or notification to you.
Arbitration and Payment Disputes
Any claim or dispute arising out of or relating to these Terms and/or your use of the Site or Services shall be resolved exclusively by arbitration conducted in Great Britain. You and the Company agree to the Great Britain competent courts as the exclusive forum for resolving any claim or dispute arising out of or related to these Terms and/or your use of the Site. If you and the Company are not able to agree on a choice of the Arbitrator within fifteen (15) days of one party demanding arbitration, then the [Great Britain] judicial system shall make the appointment of an Arbitrator who is neutral to the parties in controversy. The Arbitrator will be bound by the provisions of these Terms. Upon rendering a decision, the Arbitrator shall state in writing the basis for the decision, and the written decision of the Arbitrator shall be binding on the parties to the arbitration. Any judgment upon the reward may be entered and enforced in any court of competent jurisdiction. Notwithstanding the foregoing, The Company may seek injunctive relief in any appropriate court. Each party shall bear its own legal and other costs and expenses in connection with the Great Britainn competent courts.
If you have a complaint or dispute regarding any payment to us, by us, or under these Terms, including with respect to a Form Price, Prizes, Real Money, or any Bonus Credit (a "Payment Dispute") you are first required to submit details of the Payment Dispute to us via our Support Service and we will use commercially reasonable efforts to respond as quickly as possible. Both you and the Company hereby agree to cooperate in good faith with each other to amicably resolve the Payment Dispute.
The Company reserves the right to discontinue or modify any aspect of the Site or Services at any time. The Site Terms and the relationship between you and the Company shall be governed by and construed in accordance with the laws of Great Britain, without regard to its principles of conflict of laws. You hereby irrevocably waive the right to a jury trial or to participate in a class action. The UN Convention on the International Sale of Goods shall not apply to these Terms. The Site Terms shall constitute the entire agreement between you and the Company concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Nothing in the Site Terms shall: (i) be construed as creating any agency, arrangement, partnership, joint venture, trust of fiduciary relationships or any other similar relationship between you and the Company; (ii) create or confer any rights or benefits to any third party, or (iii) grant you any security interest in any asset of the Company, including (but not limited to) any sum held in your User Account. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.