- Introduction
- These terms and conditions govern your Registration with and Membership of OzLotteries.com, the Account with OzLotteries.com which we will open in your name if we accept your Application for Registration, and all aspects of your transactions with us.
- In order to apply for Registration as a OzLotteries.com Member, you must read these Terms and Conditions carefully and if you fully understand and agree to all of them, click the "I Agree" button which you will find below. You must also complete and submit online the registration application.
- By clicking the "I Agree" button you confirm to us that you have read, understood and accept and that you will be bound by all of these Terms and Conditions if we accept your Registration. Registration occurs when we accept your Application for Registration.
- Upon Registration, you will become a Member of OzLotteries.com.
- We strongly advise that you seek expert legal advice in the jurisdiction in which you are located should you require assistance with or explanation of any of these terms and conditions.
- Warning, warranty and indemnity
- The laws
applicable in your location or place of residence, domicile or nationality may
prohibit you from making Purchases from us. Some jurisdictions have laws which
entirely prohibit you from making Purchases from us, other jurisdictions have
laws which prescribe minimum age requirements for making Purchases from us, and
other jurisdictions have laws which operate in other ways to prohibit you from
making Purchases from us.
- We do not wish
to violate any such law nor to allow you to make Application for Registration
or to make Purchases from us where your doing so would violate any such law. If
you are located in or are a resident, domiciliary or national of any jurisdiction
where you are subject to any such law, you must not make an Application for
Registration or Purchases from us.
- The minimum age
requirement for joining OzLotteries.com is 18 years, however this may be older
in your jurisdiction.
- When you make
Application for Registration and each time you make an offer for a Ticket
Purchase from us, you warrant that you are legally entitled to apply for
Registration, to deposit funds with us, to make Purchases and to receive
winnings from us, and that your Registration as a Member, deposit of funds,
Purchases and receipt of winnings from us will not in any way violate any
applicable laws of your location or place of residence, domicile or
nationality.
- We rely upon
your warranty when we accept your Application for Registration, open your
Account, accept your deposit of funds, accept your offer for Purchases, and pay
you any winnings and you indemnify us from any loss arising from your warranty
being incorrect.
- When you make
an Application for Registration you provide us with certain information. It is
your ongoing responsibility to inform us of any changes in the information you
have given us.
- We rely on this
information being true and correct and not misleading. If the information is
untrue, incorrect or misleading in any way, we may cancel your Registration or
cancel and dishonour any Purchases by you or offers to make Purchases from you,
and we may retain (or recover from you) the value of those Tickets and any
winnings paid to you and we may suspend and/or exclude you from any further
Purchases.
- By making an
Application for Registration, you authorise us to make such enquiries as we
consider necessary in our discretion to verify the personal information
provided by you. Please refer to our Privacy Policy
for additional details about the use of your personal information.
- Our agreement to you
- When you apply
to join OzLotteries.com, you are making an offer to us to enter into an
agreement with you on these Terms and Conditions.
- If and when we
accept your application, we are accepting the offer you have made to us in Australia. You are deemed to receive
notification of that acceptance in Australia and an agreement between you and us is formed in Australia, based on these Terms and
Conditions and governed by the laws, and subject to the jurisdiction, of the
courts of Australia.
- Every time you
offer to make a Ticket Purchase from us, you are doing so in Australia pursuant to these Terms and
Conditions and we are accepting that offer in Australia.
- These Terms and Conditions and our agreement with you may be varied at any time in the following manner:
- We will give
you a Notice setting out the variation and the date on which it will take
effect;
- The Notice will
be posted by us on the OzLotteries.com website and in addition will be
communicated to you by email.
- You will be
deemed to have received the Notice at the time that it is posted on the
OzLotteries.com website or upon its transmission to you by email (whichever
happens first).
- When you offer
to make a Ticket Purchase from us after you have received Notice, or are deemed
to have received Notice, you are making an offer to us in Australia to amend our agreement as set out
in the Notice. If and when we accept your offer to make Purchases after that
time, we are accepting that offer to amend our agreement as set out in the
Notice, and these Terms and Conditions and our agreement with you will be
varied accordingly on and from that date.
- We further
reserve the right, at any time and without Notice, to amend the FAQ's and other
procedures and explanatory information displayed on, contained in or accessible
from the OzLotteries.com Site. The OzLotteries.com Rules are subject to
amendment by the operator thereof without Notice to Members.
- Responsibility for your account and account security
- When you make
Application for Registration, you will be required to nominate an Account
password.
- You must enter
your correct email address and password in order to access your
Oz.Lotteries.com account.
- It is your
responsibility to ensure that no other person accesses the OzLotteries.com Site
or makes Purchases using your registration details. You must not disclose your
password to anyone. You will be responsible for any use of your Account by any
other person and we expressly disclaim liability in this regard.
- Registration
- You will only
be able to offer to make Purchases from us and to qualify for prizes if you
have made and we have accepted your Application for Registration.
- Upon our
acceptance of your Application for Registration, we will open an Account in
your name, you will be able to make deposits into your Account and you will be
able to offer to make Purchases from us. We do not guarantee to accept any
offers you make for Purchases and we may refuse to do so in our absolute
discretion without notice to you and without giving reasons.
- You can make
Application for Registration as a Member:
- if you are an
individual person (Accounts will only be opened in the names of individuals);
- if you are at
least 18 years of age (or older if so required by any laws applicable in your
location or place of residence, domicile or nationality);
- if you are not
a currently excluded or blocked Member for any reason; and
- where such
Registration and the opening of an Account with us does not contravene any law
applicable in your location or place of residence, domicile or nationality.
- We do not
independently verify whether you are legally entitled to make Application for
Registration as a Member and to make Purchases from us. When we accept your
Application for Registration, open your Account and accept offers from you for
Purchases, we rely upon your warranty that you are legally entitled in your
jurisdiction to Register with us, to deposit funds with us, to open an Account
with us, and to make Purchases from us.
- Each customer is entitled to only one (1) registration.
- Purchasing tickets
- Purchases
cannot be made by telephone, direct email, mail or in any other manner.
- When you click
on the "Checkout" icon on the relevant page, you are offering to make
the Ticket Purchase selected by you, and you authorise us to debit your Account
with the cost of the Ticket.
- Offers from you
for Purchases must be received by the OzLotteries.com computer system prior to
the cut-off time for the relevant draw(s). The cut-off time for every game is
as follows (all times are Australian Eastern Standard
Time):
Monday Lotto – 4.00 pm Monday AET
Tuesday Lotto – 4.00 pm Tuesday AET
Wednesday Lotto – 4.00 pm Wednesday AET
Thursday Powerball – 4.00 pm Thursday AET
Saturday Lotto – 4.00 pm Saturday AET
Sunday 6/38 Lotto – 11.00am Saturday AET
- If an offer for
a Ticket Purchase from you is not accepted by us by the Deadline for a draw of
a Lottery that offer to make a Ticket Purchase will be processed by us in
respect of the next available draw of the relevant Lottery.
- If the
OzLotteries.com site, computer system or ticket system experiences any form of
malfunction during the receipt of an offer by you to make a Ticket Purchase, or
during the process by means of which the OzLotteries.com computer system
attempts to give effect to your Ticket Purchase with our supplier, or during
OzLotteries.com confirmation of its acceptance of your Ticket Purchase, and we
are unable to recover or verify the status of that Ticket Purchase during data
recovery, then such unfinished or interrupted Ticket Purchase will be deemed
void and not to have been placed. Any necessary adjustments will be made to
your Account. We may further refuse to honour any Ticket Purchase if we
reasonably suspect or know that the OzLotteries.com computer system failed to
function in the manner in which it was designed and programmed to function.
- Once you have
completed the checkout process for any order that order is final and cannot be
cancelled or amended in any way.
- All Lottery
prizes are subject to OzLotteries.com verification procedures before payment
and will be credited to your account once this process has been completed.
- Lottery rules
- The outcome of Tickets purchased by you in Lotteries will be determined in accordance with:
- the Rules of
the Lottery in which the Ticket was purchased; and
- these Terms and
Conditions.
- Funds procedures
- We maintain a
segregated account to contain all funds held on behalf of Members.
- Depositing Funds Into Your Account
- You may deposit funds into your OzLotteries.com account using any of the methods available on the OzLotteries.com site.
- Please use the Deposit Funds link in your OzLotteries.com account to make deposits to your Account.
- Deposits of funds into your Account will only be recognised when we have confirmation from the relevant financial institution that the funds have been credited to our bank account.
- A Minimum deposit to your OzLotteires.com account of US$10 (or equivalent) applies. Further information is available on the Deposit Funds page of the OzLotteries Site.
- Except where otherwise specified, we reserve the right to recover from you any fees, costs, charges, taxes, imposts, levies or duties we incur in providing our services to you or in respect of Tickets purchased by you or in receiving and/or clearing a deposit into our bank Account or in obtaining authorisation or confirmation from the relevant financial institution that the funds will be credited to our bank account or otherwise in respect of this agreement and you hereby authorise us to debit any such amounts to your Account.
- You agree to indemnify us against any loss that you might suffer as a result of any deposit made by you through any of the third party payment channels offered on theOzLotteries.com site.
- You agree to indemnify OzLotteries.com against any loss that it might suffer as a result of any deposit made by you being dishonoured or disputed, and in this regard, you authorise us to debit any such amounts from your OzLotteries.com Account.
-
Please be aware that each credit card and/or issuer are different.
You should be aware of the terms and conditions relating to the card you are using for this transaction.
For example, some institutions may levy a cash advance fee upon transactions through OzLotteries.com and similar merchants.
Should this be the case we recommend using a different card or depositing a sum of money in to your account that will cover the cost of your entries for a few draws or weeks, thereby minimising the impact of such a fee.
- Withdrawing Funds From Your Account
- We will only
make payments directly to you, and, unless otherwise agreed, only to the
address or bank account nominated by you in your Application for Registration.
We will not be responsible for your not receiving your funds if this results
from you having provided an incorrect bank account number or address or other
details affecting payment.
- Except where
otherwise specified, we reserve the right to pass on to you any fees, costs,
charges, taxes, imposts, levies or duties we incur in transferring funds to you
from your Account and you hereby authorise us to debit such amounts from your
OzLotteries.com Account. You are responsible for all exchange rate fluctuations
and we are not liable for any loss or costs you may incur as a result thereof.
- Payment to you
can be made by the following methods:
- Direct Credit or Wire Transfer
Should any charges be applicable to a transfer to your nominated account we will confirm these charges prior to initiating the transfer. We will transfer funds to your bank account specified by you. Direct credits or wire transfers usually take from 24 to 48 hours, depending on the location of your bank.
- Cheque Withdrawal
We will send you a cheque by mail to your registered address. The applicable charges for a cheque withdrawal are available in your account.
- We will not be liable for any delayed or lost mail
nor will we be liable if you do not receive your withdrawn funds as a result of
any incorrect information provided by you to us.
- We reserve the right to place a stop payment on any cheque
that is issued to you or to temporarily block your Account if we consider that
payment of such cheque or continuance of such Account is illegal or constitutes
an offence.
- We further reserve the right to withhold payments of
any nature and to void all winnings of a Member if the Member's Registration
details are false or misleading.
- No credit is available on your Account. It is your
responsibility to ensure that there are sufficient cleared funds in your
Account in advance to cover all transactions related to your Account, including
but not limited to your offer to purchase a Ticket and all fees, costs,
charges, taxes, imposts, levies or duties for which you are responsible.
- Closure of your Account
- We may suspend or close your Account at any time without notice and without giving you any reason.
- If we close
your Account, provided that you have given us proof of identity, age and place
of residence in a form acceptable to us, we will remit to you the funds
balance, if any, held in your Account at that time less applicable costs, fees
and charges. If we close your Account at a time when you have Tickets in
Lotteries which have not yet been drawn we will send you the proceeds of those
Tickets, if any, less applicable costs, fees, and charges when the results have
been determined. This does not prejudice any right of ours elsewhere in these
Terms and Conditions or at law to refuse, cancel or dishonour any purchase or
offer by you to purchase any Ticket.
- Any funds in an Inactive Account, less applicable costs, fees and charges
will be remitted to you in the manner selected by you at Registration, provided
that you have given us proof of identity, age and residence, in a form
acceptable to us.
- Except as
otherwise stated in these Terms and Conditions:
- the ordinary rules of foreign exchange applicable in respect of the relevant method of payment and the relevant financial institution will apply to all payments involving conversion of foreign currency; and
- you agree to accept any and all foreign exchange fees, costs, charges, taxes, imposts, levies or duties incurred by us in receiving funds deposited by you or transferring funds withdrawn by you from your Account. We do not make or charge any commission on foreign exchange.
- It is your
responsibility to make such arrangements as may be necessary for the payment by
you of any relevant taxes in your place of residence.
- Responsible gambling and self exclusion
- We are
committed to responsible gambling and provide an online link from the
OzLotteries.com site to a gambling counseling resources. Contact details are
available by clicking on the Responsible
Gaming link on the OzLotteries.com Site.
- We may in our
absolute discretion permanently exclude a Member from making Purchases, in
which case we will remit the balance of the Member's Account to the Member.
- In the event of
a Member's death, the balance of the Member's Account will automatically form
part of the deceased Member's estate. Claimants will be required to supply
proof of entitlement in a form acceptable to us.
- Legal proceedings and Australian jurisdiction
- You submit to the jurisdiction of the courts of Australia.
- You agree not to seek to stay or terminate any proceedings brought in Victoria on the grounds that the forum is
not convenient or is less appropriate than some other forum.
- You agree not to challenge any application made by us to stay any proceedings brought in any other jurisdiction.
- Privacy
- Please refer to our Privacy Policy.
- General
- These Terms and
Conditions and the OzLotteries.com site are not, and should not be understood
in any way to be, advertising, promoting or inducing gambling, or publishing
gambling information.
- If an applicant
does not provide all the information requested in the Application for
Registration, except for those fields marked "optional",
OzLotteries.com cannot process the application.
- Except to the
extent that liability cannot be excluded by law, we will not be liable for any
direct, indirect, incidental or consequential loss, loss of a chance, damage
(including but not limited to damage for loss of profits, business interruption,
loss of programs or information, and the like), expense, claim (including but
not limited to any claim attributable to errors, omissions or other
inaccuracies in the OzLotteries.com site and the OzLotteries.com computer
system and/or failures in the communications links provided by
telecommunications carriers or service providers or between financial
institutions and the OzLotteries.com computer system, materials or information
downloaded through the OzLotteries.com site), action or liability of any nature
("loss") arising out of your Registration with and Membership of
OzLotteries.com, your Account, the purchase or attempted purchase by you of a
Ticket, the use by you or any inability to use the OzLotteries.com site, the
failure of the OzLotteries.com site to give effect to any offer by you to make
a Ticket Purchase whether accepted by OzLotteries.com or not, or in any way
connected with this agreement and these Terms and Conditions or the services
provided under this agreement and these Terms and Conditions (even if you have
previously advised us of the possibility of such loss). OzLotteries.com gives
no warranty whatsoever that the OzLotteries.com site will be available for use
by Members permanently or for any minimum period of time.
- Any non-enforcement
by us of any of our rights under this agreement and these Terms and Conditions
will not constitute a waiver of those rights. Any waiver by us of any of our
rights under this agreement and these Terms and Conditions will not constitute
a waiver on any subsequent occasion.
- OzLotteries.com
owns or is licensed to use the copyright in all of the content on the
OzLotteries.com site and by accessing the OzLotteries.com site, downloading
results and purchasing Tickets through the OzLotteries.com site, you
acknowledge such ownership and/or licence.
- No results
file, graphic or other content on the OzLotteries.com site may be reproduced or
distributed without the prior written consent of OzLotteries.com and you agree
that you will not in any manner interfere with, decompile, modify or create
derivative works from any such content or downloads.
- While
considerable care has been taken in compiling and updating content on the
OzLotteries.com site, OzLotteries.com does not guarantee the accuracy of such
content. To the extent permitted by law OzLotteries.com excludes all warranties
in relation to the content and is not liable for any damage, loss, cost or
expense incurred by any person using the OzLotteries.com site.
- From time to
time, the OzLotteries.com site may contain links to other sites not operated by
OzLotteries.com. OzLotteries.com does not control those sites and cannot be
held responsible for their content. Such links do not indicate endorsement or
support of any goods, services or content on those sites and OzLotteries.com
will not be liable to any person for any goods, services or content which may
be purchased or accessed through links to the OzLotteries.com site except where
supplied by OzLotteries.com.
- OzLotteries.com
cannot and does not guarantee that files available for downloading from the
OzLotteries.com site will be free of viruses, or other codes that may corrupt
or destruct properties. Members are solely responsible for implementing virus
checking and other procedures to prevent any such corruption or destruction.
Files are downloaded and used by Members at their own risk.
- You agree to
indemnify OzLotteries.com, its officers, directors, employees, affiliates and
suppliers from and against all losses, expenses, damages and costs, including
reasonable legal costs, arising out of your use of the OzLotteries.com site and
any content on the OzLotteries.com site or from any violation of this Agreement
(including negligent or wrongful conduct by yourself or any other person
accessing the OzLotteries.com site).
- We will be
entitled at any time and without notice to assign any or all of our rights and
duties under these Terms and Conditions and our agreement. Since Registration
is personal to the Member, you may not transfer, assign or otherwise dispose of
your rights and obligations under these Terms and Conditions and our agreement.
Free AUD $5 Account Terms and conditions:
Ozlotteries.com is providing a $5 Lottery Account when you establish a wagering account, on the following conditions:-
- The promotion only applies to new account sign-ups.
- Account applicants must be over the age of 18.
- Account applicants are required to quote the correct promotion code prior to the lottery account being credited with the free bonus amount.
- The account must be established in the name of an individual customer whom may only receive one $5 (or currency equivalent) bonus. There may be no more than one account established per household and no more than one account established per IP address.
- In certain cases appropriate identification documentation (for example a copy of passport, Driver's Licence, utility bill) may be required before a withdrawal can be processed.
- There is no restriction on withdrawing funds from your account, however :-
- A withdrawal fee of $5 applies to your first withdrawal
- Standard withdrawal fees apply to winnings earned from the Free $5 account or subsequent client deposits
- Ozlotteries.com reserves the rights to alter these rules and, if appropriate, cancel the Free Account bonus and the lottery account at their absolute discretion, if it becomes apparent that an individual or group of individuals is/are attempting to take undue advantage or manipulate the spirit of the promotion. No correspondence will be entered into in relation to any such changes.
- Payment will not be made to any person who fails to meet the Terms and Conditions of the promotion.
- Ozlotteries.com reserves the right to remove promotional funds that have been deposited into user's accounts and remain unused for a period exceeding 1 week from the date of deposit into the account.
- Promotional funds must be spent on products available on this site and cannot be withdrawn.
Why are these terms and conditions required?
The intention of the bonus promotion is to provide new customers with the opportunity to test the products, services, safety and security of Ozlotteries.com and compare these with other online lottery providers.
The bulk of these terms and conditions are established purely to prevent, or eliminate as much as possible, the activity of those people who would attempt to take undue advantage of the promotion and defraud Ozlotteries.com. We believe that it would be irresponsible to take any other approach.
The reason/explanation for the terms and conditions are as follows:-
- Sydney Lottery Services and TMS Global Services are licensed by the NSW and Victorian Lottery Commissions to sell the official Australian Lottery Products, therefore we are required, as a condition of our licence, to ensure that clients are over 18.
- Only those people who have access to the correct code can participate in the promotion to receive the free account.
- The only way we know the person operating the account is over 18 is to obtain ID and only have accounts opened by an individual.
- We only allow one account per individual to ensure that no one person can take undue advantage of the promotion.
- We only allow one account per computer to ensure that no one person or group of people can take undue advantage of the promotion.
- We need the ID information to prove that that the client is over 18 before we can properly send your money to you.
- You are able to withdraw your winnings, however you cannot withdraw the credit bonus amount.
- If people try to take an unfair advantage of the free account offer, we will take action to prevent that from happening.
- We will not make any payment to a customer who fails to meet the Terms and Conditions of the promotion.
Last Updated 3rd June, 2004