Overview
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Lottonets.com is an online lotto agent owned by an independent company Business Integrated Technics registered in terms of South African Laws.
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Lottonets.Com enables its members to a number of functions related to lotteries, including the online ordering of lottery tickets, & or SMS ordering by acting as an agent on behalf of its registered members.
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Lottonets.com is not a lottery company, retailer of any lottery ticket and does not, nor does it purport to run a lottery, nor, sell lottery tickets, we are just an agent.
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By signing with us, you agree to comply with these Terms and Conditions of Service (T & C), the game rules in force from time to time of the lottery in question, and be at least 18 years of age, to remain a member of Lottonets.com.
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Lottonets.com, doesn't engage itself to the syndicate activities, If you act on behalf of a syndicate of players that is a private matter between you and the members of your syndicate. Lottonets.com, for legal reasons, is able to contract and deal with only the registered member and can not recognize any private arrangements you might have with your syndicate members.
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With the growth of technology, you agree that software changes, new features that may enhance the services offered by Lottonets.com are also subject to these T & C.
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T& C also includes, Clause headings, included herein are for convenience only and not to be used in the interpretation hereof.
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You will not conclude any agreement with us without registering as a member and by so registering you unconditionally and irrevocably consent to your use of all functionalities of the websites and all transactions concluded on it being subject to these T.& C.contained herein.
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You agree that all bylaws (national or local will be adhered to), due to the nature of our business being online we can not restrict our presence in some of the countries where online lottery or foreign lotteries or online lotto ticket purchasing is not allowed, if not sure please contact us.
Privacy and Registration:
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In order to use certain services on this website, (in particular, to order lottery tickets using this service) you must be a registered member. On the registration form you will be required to insert various personal details. It is important that these details are accurate and correct to ensure that the correct person receives any winnings. These personal details are kept confidential and not disclosed to any third party unless otherwise ordered so by the court of law or you allows us to do so.
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Members of lottonets.com agrees to:
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provide true, accurate, current and complete information about himself/herself as prompted by Lottonets.com's registration form (such information being the "Registration Data");
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maintain and promptly update the Registration Data to keep it true, accurate, current and complete;
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acquaint himself/herself, and comply, with the relevant lottery game rules in force from time to time.
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If you provide any information that is untrue, inaccurate, not current or incomplete, or Lottonets.com suspects such information is untrue, inaccurate, not current or incomplete, Lottonets.com has the right to suspend or terminate your membership, remove and discard any information gathered from you, and refuse any and all current or future use of the service (or any portion thereof).
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Lottonets.com reserves the right to refuse or cancel your registration or refuse to process any further orders for lottery tickets for any reason whatsoever. In addition, Lottonets.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of it's services (or any part thereof) with or without notice. You agree that Lottonets.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Lottonets.com services.
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The following representations and warranties are material to Lottonets.com and have been relied upon to induce Lottonets.com to accept a member's application for registration as a punter. You hereby represent and warrant to Lottonets.com, as at the time of your application for registration and for the duration of your membership that:
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You have acquainted, and will continue to acquaint, yourself with the current rules of any lottery in which you order lottery tickets through Lottonets.com,
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You fully comply with the current rules of any lottery in which you order lottery tickets through Lottonets.com,
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You are the minimum age required by the lottery in question to participate in same (usually you must be at least 18 years of age),
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You have the necessary legal capacity to become a member of Lottonets.com and place legally binding orders for lottery tickets and each order you place, when accepted, will be legally binding and enforceable against you.
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The Lottonets.com website is merely an invitation to do business and is not an offer to contract.
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On becoming a registered member of Lottonets.com you have entered into a contract with Lottonets.com on the terms and conditions.
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properly completing and submitting the lottery ticket order form on the Lottonets.com website you agree to pay all charges levelled there after.
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The offer to contract is accepted by Lottonets.com only when Lottonets.com notifies the member of acceptance of the order, and with any conditions that Lottonets.com may attach to same.
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You agree to be governed by these T&C of Lottonets.com and each and every order accepted by Lottonets.com from time to time.
Service:
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Lottonets.com makes its website available and provides services, subject to these T.&C. These T.&C may be updated and amended by us, in our sole discretion, from time to time without notice to you and all amendments and updates are hereby incorporated by reference into the T.& C.
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The free services and features made available by Lottonets.com on its websites may be used by you at your own discretion and risk, Lottonets.com accepts no liability nor responsibility for the accuracy thereof.
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When using any of Lottonets.com's services and/or features, you shall be subject to any posted guidelines or rules applicable to such services and/or features which may be posted from time to time. If you choose to use Lottonets.com's services you will be deemed to do so on the basis of complete acceptance of the T.&.C and on the explicit warranty from you that you fully comply with the rules of the relevant lottery, from time to time.
Agency:
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If you become a Lottonets.com member, subject to T&C herein, each time Lottonets.com accepts your order for lottery tickets, you will be deemed to have appointed Lottonets.com, and Lottonets.com will be deemed to have accepted, appointment as your agent for the purposes set out in this clause above and on the basis set out in these T.& C.
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Notwithstanding anything else contained herein, Lottonets.com will be validly appointed by you as your agent only if, at the time you place an order for lottery tickets and for the duration of the purchase and processing thereof:
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Your order is not contrary to any law, regulation or the like to which you and/or Lottonets.com is/are subject;
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Your order does not result in the contravention of any agreement, undertaking, Court order, law and/or regulation to which you and/or Lottonets.com is/are subject;
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Your membership is current, you are not in breach of these T.&.C, you are not in breach of the rules of any applicable lottery;
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The representations and warranties you make in terms of your details are true and correct.
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Lottonets.com, acting as your agent, will
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receive the moneys you advance together with any winnings you may gain and hold them on your behalf and/or if Lottonets.com deems expedient may procure that such funds are held secure by a third party;
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execute the accepted orders to purchase lottery tickets received from you using your funds;
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purchase the lottery tickets you have ordered and hold them in fire-proof safe custody;
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check your ordered numbers against the winning numbers in the relevant lottery draw and promptly apply to the lottery for any winnings that might be due to your ticket/s;
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account to you from time to time (notionally into your member account with Lottonets.com) with your winnings as and when they are received from the lottery;
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procure that your funds are paid as directed by you from time to time;
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levy a service/administration fee for acting as your agent and providing the services you use and deduct same from your funds from time to time.
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If Lottonets.com accepts an order to purchase lottery tickets on your behalf on the mistaken assumption that it has been validly appointed as your agent, Lottonets.com shall nevertheless be entitled, but not obliged, to fulfill the order and, if it does, Lottonets.com may use your funds to pay the costs and expenses associated with same.
Member's Duties
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comply with these T.& C;
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comply with the current rules of the lottery in question;
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Deposit in sufficient funds into your Lottonets.com account acoount to discharge Lottonets.com's mandate in terms hereof, including the payment to Lottonets.com of any amount properly levied on you by Lottonets.com from time to time;
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indemnify and hold Lottonets.com harmless on the basis set out in 18 below;
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assume responsibility for the recovery of any winnings due to you from the lottery should they dispute or delay in the payment of same
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be solely responsible for ensuring that your lottery ticket entry numbers and other draw details on the order are correct before you submit the order for processing;
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assume sole responsibility for maintaining the confidentiality of the password and account given to you;
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assume sole responsibility, for all activities that occur under your password or account.
Your Account:
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You will receive a password and account designation upon successfully completing Lottonets.com's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
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You agree to:-
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immediately notify Lottonets.com of any unauthorized use of your password or account or any other breach of security; and
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ensure that you exit from your account at the end of each session.
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Lottonets.com cannot and will not be liable for any loss, claim or damage you may suffer or incur arising from and/or as a result of the use (authorised or unauthorised) of your password and/or account. You acknowledge that if a third party becomes aware of your password and account designation such person will have access to all of the services and features associated with the operation of that account, including, the choosing of numbers, transfer of funds, pay-outs and payments in (among others). This includes any members of a syndicate on whose behalf you might act.
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You acknowledge and agree that Lottonets.com reserves the right to delete accounts that are inactive for an extended period of time.
Financial Transactions:
Payment: Payment must or payment details must be submitted before any purchase order is placed. Major credit cards are accepted or you can remit payment to us through electronic funds transfer to the given account number on the fund your account. If you wish to pay using another method, please email us on info@lottonets.com.
Foreign currency and foreign tickets:Firstly, we are not a financial institution, we do not act as a bureaux de change , we give an estimated price in Euro on that particular day when you purchase your ticket(s). Secondly, all account fundings are done in Rands (SA), so an estimated price has to be made since our agent can only get the tickets on local currency of that particular country. (Foreign tickets reffers to none South African national lotto tickets)
Despatch: The lottery draw you are entered into is chosen by yourself on the PLAY page of this website. You can play on a future, specified date on the PLAY page if required. We cannot supply tickets for the draw after close-off, which is set a substantial time prior to the oficial cut-off time to allow our ticket purchases to be completed by our staff. By default, the website automatically displays the next available draw date after cutt-off time. You will immediately be sent your "confirmation of provisional entry" by email of your chosen ticket entries and lottonets.com will not be liable for losses incurred by lack of performance by players' internet service providers.
Alteration of order if you change your mind: We will unfortunately not allow you to change your entry should you wish to change the draw date and that specific ticket, the moment purchase button is clicked it confirms your commitment in entrusting lottonets.com to purchase the tickets for you and your order will be immediately queued for purchasing.
Cancellations: If you are entirely dissatisfied with the service you have received, we will consider a refund of your deposit, not for the ticket already purchased, as long as your reason is valid. To apply for a refund email us on info@lottonets.com.
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The funds that you advance to Lottonets.com together with any winnings they are advanced by you:-
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as security for your performance of the agreements concluded pursuant to these T&C from time to time;
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as security for any loss Lottonets.com might sustain while acting on your behalf;
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to place Lottonets.com in funds to perform its mandate to you in terms hereof;
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remain your funds until the funds are required to be used to settle some form of expense that you have incurred, or Lottonets.com has incurred on your behalf from time to time hereunder e.g. an order for lottery tickets, service fees, member fees or any other charges properly levied by Lottonets.com in terms of these T & C.
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Lottonets.com undertakes to hold any funds you advance securely on your behalf as contemplated herein, including the holding by a third party.
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Lottonets.com is not a Bank nor a Deposit Taking Institutions as defined in terms of the Banks Act No.94 of 1990 and the Deposit Taking Institutions Act No.9 of 1993. Accordingly the moneys advanced are not held pursuant to those laws, although the institution into which the funds will be held (e.g. the Standard Bank Of South Africa Limited) might be subject to some or all of those laws.
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In addition to the above, moneys advanced by members are governed by the following:
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As soon as reasonably possible after your funds have cleared into Lottonets.com's bank account your member account with Lottonets.com shall be notionally credited with an equivalent amount. This shall provide you with an indication of the funds you have available;
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You may mandate Lottonets.com to incur liabilities on your behalf to an amount equivalent to the funds standing to the credit of your member account - Lottonets.com offers no credit facilities for the purchase of lottery tickets or the payment of the charges it levies;
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No interest shall be payable to you on the advanced moneys, any interest thereon to accrue to Lottonets.com;
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You hereby irrevocably authorise Lottonets.com to deduct from such moneys:
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any amount you might owe to Lottonets.com from time to time;
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any amount you might owe a third party arising from these T & C (e.g. for payment of bank charges or a lottery ticket) and pay it to such third party;
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Lottonets.com will procure the return to you of your funds standing to your credit on receiving instruction from you to that effect or on fulfillment of the resolutive conditions set out in T& C;
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If a member wishes to withdraw any funds from their member's account, they may do so by selecting either of the following options:
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at the member's risk, mail a rand-denominated cheque for the amount to the member's registered address (the "default option"); or
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process a transfer of funds to be deposited into that player's nominated South African bank account.
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Lottonets.com will not be held liable in the event the member has provided the incorrect address, Bank/Province/Branch code and/or Bank account numbers to Lottonets.com and the funds are transferred into that bank account, or any risk in transit/post. Minimum transfers or payments is currently hundred South African rands, and transfer or bank charges will be levelled, international withdrawals must be at least equavallent to $50.00 USD.
Order Process:
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If you wish to have Lottonets.com purchase lottery tickets on your behalf you will be required to complete the online order form and submit it to Lottonets.com. This process is fully automated.
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Please note that if the funds you have available are insufficient to pay the costs and expenses of an order, Lottonets.com is unable to process such orders as no purchase of lottery tickets on credit is legally permitted and the order will deemed to have been cancelled.
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Members are responsible for ensuring that their entry numbers and other lottery draw details are correct before they submit the order to Lottonets.com for processing. If any member disputes their submitted numbers, then the numbers recorded in Lottonets.com's archived computer order file will be considered prima facie proof of the true numbers submitted.
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It should be noted that in terms of these T & C when you place an order for lottery tickets that is accepted by Lottonets.com you also expressly authorize Lottonets.com to deduct, from time to time, any amounts you might owe Lottonets.com and/or any third party from the moneys advanced by you to Lottonets.com.
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A lottery entry will only be valid for the intended lottery draw, if (and only if) the order has been received in time for such draw and fully processed by Lottonets.com.
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If your lottery ticket order cannot be processed in time for the draw for which you have requested it then the order will be automatically processed for the next lottery draw or the funds shall be refunded to you if you so request.
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A member's lottery ticket order may not be processed if:
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the member does not have sufficient funds standing to the credit of his/her member account at the time of making the order; and/or
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the order results in the member exceeding his/her current weekly limit (if applicable); and/or
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payment by any other method (e.g. credit card) is not received and/or authorised at the time of making the order; and/or
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there is any amount owing by the member to Lottonets.com; and/or
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Lottonets.com in its sole discretion elects to reject the order; and/or
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technical reasons prevent the order being processed.
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All lottery entries once accepted and processed by Lottonets.com cannot be cancelled by the member and nor may the mandate and agency granted to Lottonets.com by a member in terms hereof be revoked in respect of such lottery entries. Lottonets.com will purchase the ordered lottery entries from the relevant lottery on the member's behalf and receive any prizes therefrom on the member's behalf and notionally credit the member's account with Lottonets.com.
Prizes and Verification:
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Winnings/prizes shall accrue to the member who purchased the winning lottery ticket and be held by Lottonets.com on the same basis as set out in clause above. Lottonets.com will collect the winnings/prizes on the member's behalf. Only once Lottonets.com has received payment therefore shall it be obliged to nationally/internationally credit the member's account with Lottonets.com.
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Security is important, consequently you may be required to provide evidence satisfactory to Lottonets.com to prove that you (1) are the true owner of the winning ticket; (2) are/were authorised to use the credit card used to place Lottonets.com in funds for the order that produced a winning entry. If evidence reasonably satisfactory to Lottonets.com is not produced within a reasonable time, then you might forfeit the prize.
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Lottonets.com shall have no obligation to make payment of any prize moneys resulting from an entry in a lottery draw where payment of the charges levied by Lottonets.com for that order are not received or not authorised or not honoured or revoked or results from a fraudulent, illegal or unauthorised use of a credit card, debit card or account. Lottonets.com will render all assistance to the law enforcement authorities in respect of the commission of any illegal activity hereunder.
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If the lottery in question disputes the payment of any winnings/prize and/or there is an unreasonable delay in the payment of a prize, Lottonets.com shall have no obligation to handle the dispute. Lottonets.com will deliver the disputed winning ticket to you and shall render to you such reasonable assistance as you may reasonably require to process your claim for the prize.
The Lottery Rules:
It is your obligation to acquaint yourself with the game rules in force from time to time of the lottery in question. In providing this on-line service, Lottonets.com, in so far as may be appropriate, does so in compliance with those rules, and in particular, Lottonets.com reserves the right, in it's absolute discretion, to withhold any prize from any member, if it finds that the member's Registration Data is incorrect and/or intentionally misleading or if the member is in breach of the game rules of the lottery in question.
Ongoing Rules and Practices:
You acknowledge and agree that Lottonets.com may establish general practices and limits concerning use of the Lottonets.com service, including without limitation the maximum number of times (and the maximum duration for which) you may access the service in a given period of time and the right to set and enforce for each member a total weekly transaction limit that the member can play and/or deposit into their member 'purse'. This limit may be varied from time to time by Lottonets.com in its absolute discretion. You agree that Lottonets.com has no responsibility or liability for the deletion or failure to store any messages and other communications from you. You further acknowledge that Lottonets.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Membership / Account Termination:
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Your membership and these T& C. are subject to the following resolutive conditions that:
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you in your sole discretion and by written notice to Lottonets.com; or
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Lottonets.com in its sole discretion and by written notice to you,
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may terminate your membership, password, account (or any part thereof) or the use of the service/s provided by Lottonets.com.
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If this occurs, Lottonets.com will:
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remove and discard any information gathered from you, other than information which Lottonets.com is obliged to retain by law; and
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procure the payment to you any amount standing to the credit of your member account.
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Lottonets.com may also in its sole discretion and at any time discontinue providing any of it's services, or any part thereof, with or without notice. You agree that any termination of your access to any Lottonets.com service under any provision of this T& C. may be effected without prior notice, and acknowledge and agree that Lottonets.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that Lottonets.com shall not be liable to you or any third-party for any termination of your access to the service.
Service Fee/Administrative Fee:
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All services on this site are FREE to registered members, however we have to charge a small service/administration fee, to cover the costs associated with purchasing lottery tickets on your behalf.
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In order to cover some of the costs associated with providing the services herein and in consideration for the provision by Lottonets.com of the agency services hereunder, Lottonets.com may levy, and you hereby undertake to immediately pay, such administrative fees and services charges that Lottonets.com may levy from time to time.
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Lottonets.com will indicate to you the administrative fee and/or service charge payable at the time you place your order for a lottery ticket or when you request a service from Lottonets.com.
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By way of a guideline, and in addition to the above, Lottonets.com might have to levy a fee or charge for the following:
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To process a cheque mailed to a member's registered address;
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To transfer/deposit funds to or from a member's bank account.
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You hereby irrevocably authorise Lottonets.com to automatically deduct any amounts you might owe Lottonets.com or any third party as and when necessary from any amount standing to the credit of your member's account and to take physical transfer of same from your funds.
General:
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You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Lottonets.com web site or any service provided by Lottonets.com therein.
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The instructions on how to register and use the Lottonets.com service forms part of these Lottonets.com T & C.
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Notices to you may be made via either email, SMS or regular mail. Lottonets.com may also provide notices of changes to the T & C or other matters by displaying notices or links to notices to you generally on the Lottonets.com web site, but has no obligation to do so.
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The failure of Lottonets.com to exercise or enforce any right or provision of the T & C. shall not constitute a waiver of such right or provision.
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Lottonets.com shall retain lottery tickets for 48 hours after the draw to which they relate. Thereafter Lottonets.com shall become the owner of the tickets and may dispose of them in any way it chooses. Should you not want your ticket disposed off you shall give written notice to Lottonets.com within the 48hour period requesting that the ticket in question be retained. You must provide sufficient detail of the ticket, including numbers and identification/order number to enable Lottonets.com to identify same.
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Lottonets.com shall have no liability whatsoever for any breach of these T & C. due to any cause beyond its reasonable control including but not limited to: act of God, inclement weather, server operation interruption, telecommunication interruption, flood, lightning, fire, industrial action, technological breakdown, interruptions of power, act or omission of Government, or other competent authority, riot, war or act or omission of any third party for whom Lottonets.com is not responsible.
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You may be subject to additional terms and conditions that may apply when you use affiliate services, advertisers, hyperlinks, third-party content or third-party software.
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If any provision of the T & C. is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T & C remain in full force and effect.
Area of Applicability:
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Lottonets.com does not intend the Lottonets.com website to operate as an advertisement outside of the jurisdiction of any particular lottery, the purchase of whose tickets is offered by Lottonets.com - in particular, where the advertising of foreign lotteries may be prohibited. The payment of any prizes is governed by the laws governing the lottery in question and the game rules of said lottery and these T & C.
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In so far as the South African National Lottery is concerned, Lottonets.com draws attention to the existence of foreign exchange control laws that regulate payment of South African currency outside of the national borders. Accordingly, prizes from this lottery will be paid either by a Rand cheque sent to a South African address or into South African, Rand-denominated bank accounts.
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Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct specifically those applicable in South Africa. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Republic of South Africa or the country in which you reside.
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Anyone who is governed by a jurisdiction that prohibits him/her participating in such Internet gaming activities is advised not to participate in the lotteries offered by Lottonets.com. Check the laws of your country before any purchase for we will not be liable for any loss in winnings and or damages, if not sure contact us or your local judiciary advisers.
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Foreign lotteries:- South African citizens and or its residents are not allowed to play or engage into foreign lotteries by law.
Third Parties:
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Lottonets.com web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Lottonets.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Lottonets.com web site. Lottonets.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Lottonets.com has no control over such sites and resources, you acknowledge and agree that Lottonets.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Lottonets.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Indemnity:
You agree to indemnify and hold Lottonets.com, and its holding companies, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including legal fees on an attorney and own client scale, made by any third party arising from and/or due to and/or as a result of and/or as a consequence of your use of the services provided by Lottonets.com, Lottonets.com's acting on your agency, your breach of the T & C and/or any of the game rules of any relevant lottery, or your violation of any rights of another.
Disclaimer, Waiver of Liability:
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Lottonets.com accepts no liability whatsoever and howsoever arising from the use of the Lottonets.com web site and/or any service provided by Lottonets.com In particular, but not by limitation, Lottonets.com will not be held liable in the event that a member's lottery entry is not processed in time for the intended draw for any reason whatsoever, in particular as a consequence of any technical problems, or as a result of a lottery order not being submitted by a member before the entry cutoff time for the intended draw, or as a result of any event contemplated above, Lottonets.com will not be held liable for any loss or damage whatsoever and howsoever arising to any member that occurs as a result of damage to or destruction of Lottonets.com's facilities and/or equipment howsoever caused.
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The entire liability of Lottonets.com, its holding company, and its directors, members, shareholders, officers, contractors and/or employees is limited to the greater of the aggregate of service fees which you paid to Lottonets.com in the six months prior to the action giving rise to liability or R100 (one hundred Rands), whichever of the two amounts is the lesser.
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF LOTTONETS.COM'S SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOTTONETS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LOTTONETS.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOTTONETS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T & C.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOTTONETS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF WINNINGS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOTTONETS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE LATE PROCESSING OF ANY ORDER OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) AN ACT OR OMISSION BEYOND LOTTONETS.COM'S ACTUAL CONTROL; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
Intellectual Property:
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You acknowledge and agree that the Lottonets.com web site and the services Lottonets.com provides and any necessary software used in connection with the provision of such services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws including the trademark. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the web site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Lottonets.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Lottonets.com's services or the Software, in whole or in part.
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Lottonets.com, the Lottonets.com logo, the Eyeballs design and other Lottonets.com logos and product and service names are the intellectual property and trademarks of Business Integrated Technics. Without Lottonets.com's prior permission, you agree not to refer to, copy, display or use in any manner, the Lottonets.com trade marks.
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For the avoidance of doubt, the rest of the content of this web site which includes, but is not limited to, the text, graphics, icons, designs, colours, layout are the intellectual property of Lottonets.com and its associates. All the intellectual property rights referred to herein are governed by the South African and International Intellectual Property Laws.
Applicable Law:
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These T & C. are governed by and must be construed in accordance with the laws of the Republic of South Africa. You agree to submit to the non-exclusive jurisdiction of the Courts of South Africa, province of Gauteng, in respect of all matters arising from these T & C, their enforcement, breach and/or termination.
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You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Lottonets.com web site or any service provided by Lottonets.com must be served and filed within one (1) year after such claim or cause of action arose or be forever barred.
Dispute Resolution:
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If any dispute of whatever nature pursuant to these T & C, their implementation, interpretation and/or termination arises, either party hereto shall be entitled to require, by written notice to the other of them, that the dispute be referred for determination to experts pursuant to this clause g.
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The experts shall consist of, in all instances, a suitably qualified and experienced independent person in matters of Information Technology, particularly e-commerce and web-based businesses. If relevant to the issue to hand, the technology expert shall be joined by one or more of the following -
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if the question in issue is primarily an accounting matter, an independent practising accountant of not less than ten years standing;
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if the question in issue is primarily a legal matter, a practising Senior Counsel or attorney of not less than fifteen years standing;
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any other matter, an independent person suitably qualified and experienced in the area of the issue,
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agreed upon by the parties hereto or, failing such agreement within three days after the date on which the determination is called for in terms of 22.1, appointed by the Chairman of the Johannesburg Bar Council (or its successors in title/function) who may be instructed by either party hereto to make that nomination at any time after the expiry of that three day period.
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The expert/s selected as aforesaid shall in all respects act as experts and not as arbitrators.
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The expert/s shall not be bound to follow principles of law but may decide the matter/s submitted to him/them according to what he/they consider just and equitable in the circumstances. The provisions hereof shall not apply to these T & C which shall be accorded the full force of law due to a binding contract.
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Any hearing by the expert/s shall be held in Johannesburg, in English.
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Immediately after the expert/s have been appointed, he/they may be called upon by either party to fix a date and place when and where the proceedings shall be held and to settle the procedure and manner in which the proceedings will be held.
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The parties shall use their best endeavours to procure that the decision of the expert/s shall be given within twenty-one days or so soon thereafter as possible after it has been called for.
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In the absence of manifest error, the expert's/s' decision shall be final and binding on all parties affected thereby, shall be carried into effect and may be made an order of any competent court at the instance of any of the parties.
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In the event that there is more than one expert appointed they shall be required to decide the matters before them consensually. If, for any reason, they are unable to arrive at a mutually acceptable decision on any issue before them:
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those matters that they have consensually decided upon will be disposed of according to their decision;
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those matters on which they have been unable to arrive at a mutually acceptable decision shall be deemed unresolved and the aggrieved party shall be entitled to then have recourse to a Court in the Province of Gauteng having jurisdiction.
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Upon giving his award, the expert shall deliver to the parties to the dispute a written statement setting out -
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the findings of fact determined by him and forming the basis of his award; and
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full reasons justifying his award.
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This clause constitutes an irrevocable consent by the parties to any proceedings in terms hereof and no party shall be entitled to withdraw therefrom or to claim at any such proceedings that he is not bound by this clause nor any of the above.
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This clause is severable from the rest of these T & C, and shall remain in effect even if this agreement is terminated for any reason.
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