EuroTelelotto
Mobile Subscription Syndicate – Terms & Conditions
***Pay-As-You-Go
users please note – Should credit not be available to honour all or part of the
charge for using the service (as per Clause 4.2 below), any outstanding amounts
will be deducted from your EuroTelelotto.com account balance when you request a
withdrawal.***
The following
points outline the Terms and Conditions associated with membership to the
syndicate (referred to in these terms as the 'Syndicate') to play the Friday
'National Lottery EuroMillions' (referred to in these
terms as the 'Draw') within the United Kingdom. The Draw is controlled and
operated by Camelot Group plc. Please be aware that by applying for membership
you agree to be bound by these terms and conditions, so please read them
carefully before continuing.
1 INTRODUCTION
1.1 Please read
these terms and conditions carefully as they affect your rights and liabilities
under the law. If you do not agree to these terms and conditions, you will not
be able to apply for membership to the Syndicate. If you have any questions
about these terms and conditions, please contact mobile@netplaytv.com.
1.2 The
Syndicate is arranged and managed by NetPlay TV
Mobile Ltd (referred to in these terms as 'NetPlay')
of Battersea Studios, 80 Silverthorne Road, Battersea, London,
SW8 3HE. For Customer Services please call 0207 819 9123.
2 CHANGES TO THESE TERMS AND CONDITIONS
2.1 It remains
your responsibility to periodically check the terms and conditions to ensure
that you continue to agree with them and you are advised to check these terms
and conditions each time you wish to access your account or amend your
Syndicate status. Any account or Syndicate activity prior to the time of amendment
of the terms and conditions will be subject to the pre-existing terms and
conditions.
3 PLAYER REPRESENTIONS
3.1 By applying
for membership to the Syndicate you warrant that you are:
a) Over the age
of 16 and have the mental capacity to take responsibility for your own actions.
b) Legally
capable of entering into a binding contract
3.2 NetPlay reserves the right to ask for proof of age from you
at anytime and suspend any account or Syndicate activity while in the process
of obtaining satisfactory proof of age from you. NetPlay
also reserves the right to request proof of residence from you and suspend any
account or Syndicate activity while in the process of obtaining satisfactory
proof of age from you. NetPlay cannot be held
responsible for any breach by you of any local, national or state laws applying
to your status as a member of our Syndicate.
3.3 You warrant
that you will not attempt to hack, make unauthorised alterations to or
introduce any kind of malicious code to the EuroTelelotto
website, or any other website organised and/or operated by NetPlay.
As such, You will not, without limitation, (a) reverse
engineer or decompile (in whole or in part) any software available through the
Website; or (b) make copies, modify, reproduce, transmit, alter or distribute
all or any part of the Website or any material or information contained on it.
3.4 You
acknowledge that NetPlay (or our licensors) are the
sole owner of all rights to technology, software, business systems and content
utilised in the EuroTelelotto website and that your
use of the website confers no rights whatsoever to intellectual property
contained or utilised therein. Copying, use or publication by you of any item
or material displayed on the website is strictly prohibited (other than to the
extent necessary for you to visit the website and access your account with us).
You are offered access to the EuroTelelotto website
solely for your own personal, non-commercial use. You must not link the EuroTelelotto website to any other website without NetPlay’s prior written approval.
3.5 You agree
that NetPlay may lock or terminate your account if:
- You breach
these terms and conditions;
- You cannot
provide payment via your mobile phone for the weekly service announcements
relating to the Syndicate;
- NetPlay has reason to believe that your dealings with us
constitute an illegal or fraudulent activity. In this event NetPlay
shall not (to the extent permitted by law) be liable to you for any payments to
us, nor shall we incur any liability to you where it is required to give
information or documentation relating to you to any relevant regulatory
authority;
- NetPlay suspects that access to your account may not be by
an authorised person;
- legal or regulatory requirements require such locking or
termination;
- a security, disrepute or other issue deemed reasonably
significant by NetPlay arises.
3.6 You
understand that NetPlay may, from time to time, ask
you to participate in marketing and promotion for NetPlay
by the use of your name and likeness. You may consent or refuse such requests
at your discretion.
3.7 These terms
and conditions contain the entire agreement between you and NetPlay
relating to the Syndicate. You confirm that, in agreeing to accept these terms
and conditions, you have not relied on any representation save insofar as the
same has expressly been made a representation in these terms and conditions.
You agree that you shall have no remedy in respect of any misrepresentation
that has not become a term of these terms and conditions save that your
agreement shall not apply in respect of any fraudulent or negligent
misrepresentation whether or not such term has become a term of these terms and
conditions.
4 ENTERING THE SYNDICATE AND ACCOUNT USE
4.1 To become a
syndicate member you must either text a keyword to 81177 from your mobile
phone, or register via our website at www.EuroTelelotto.com. By entering
through texting a keyword to 81177 from your mobile you will be required to
complete your registration online at www.EuroTelelotto.com before making any
withdrawals from your account of any accumulated winnings via the Syndicate.
4.2
Entry to the managed service costs £4.50 per week, as part of which you receive
entries to the syndicate for no extra charge. This is billed on Mondays
each week for the following Friday’s draw. Three SMS service announcements will
be sent to you each week direct to your mobile phone, at a cost direct to your
mobile as described in the FAQ section of the EuroTelelotto.com website. Upon
first entry a joining fee of £4.50 (+standard network charges) applies, billed
immediately. However, for this fee you will also receive your first
week’s entry for that Friday’s draw. Entry cut off is at 2000 hours on
Fridays. Where credit is not available to honour all or part of the
charge, such as with Pay-As-You-Go mobile users, the message will not be
delivered to your phone at that time, but you will still receive entry to that
week’s draw. Repeated attempts will be made to deliver the message up to 3 days
later. If after 6 billing cycles credit is still unavailable then a user will
be removed from the service. Any claims made within this period will be subject
to any outstanding charges being deducted before payout.”
4.3 You hereby
acknowledge and agree that the costs billed directly to your mobile represent a
charge made by us in relation to the provision by us of syndicate management
services and service announcements and not for the purchase of Lottery tickets.
4.4 You agree to
provide accurate information to NetPlay on full
registration and it is your responsibility to ensure that your personal details
are kept up-to-date on the website especially your postal address, email
address and telephone number(s). You authorise NetPlay
to use any lawful means that it considers necessary to verify the information
provided by you on full registration.
4.5 The
registered account will be used by you only. NetPlay
reserves the right to decline account opening for any reason. The registered
account is intended for administering your funds, Syndicate membership, as well
as any refunds, winning payments, cash-outs and any applicable service fees.
4.6 Most of our
users only open only one account. However, if you do choose to open more than
one account with us, you must be aware that duplicate memberships may be part
of a separate syndicate to your first entry.
4.7 You must
select a password on full registration. It is your responsibility to ensure
that you keep such details confidential and you shall be fully responsible for
any misuse of your password. In the event that you are concerned that your
password has been disclosed to a third party, you should notify NetPlay immediately whereupon a new password may be given.
Unless caused by NetPlay’s negligence, any
unauthorised use of the password shall be your sole responsibility and be
deemed as your use.
4.8 You should
check their Account balance each time you access your account. In the event of
any errors, it is your responsibility to notify NetPlay
at the earliest opportunity.
4.9 NetPlay may require you to change your password or NetPlay may suspend your Account if NetPlay
has reason to believe that there is likely to be a breach of its security
policies or misuse of the facilities available on the EuroTelelotto
website.
4.10 You will
inform NetPlay TV as soon as reasonably possible if
you believe your account information is being misused in any way by a third
party so that NetPlay may suspend your account. NetPlay will not be held responsible for any reasonable
delay in such suspension. You will not allow any other person or third party
(including, without limitation, any minor) to use your account or accept any
prize on their behalf.
4.11 NetPlay reserves the right, upon providing notice to you,
to close your account and refund the balance of your account at its reasonable
discretion without further explanation.
4.12 You may
withdraw money from your account at any time provided that your balance has
been confirmed. NetPlay reserves the right to
temporarily withhold any withdrawals from a given account in the event of any
fraud, money-laundering or ID investigations. Withdrawals are processed after a
minimum of three (3) working days after the request is made.
4.13 You can
cancel your membership to the Syndicate at anytime by sending the word 'STOP'
to 81177. Sending 'STOP' means you will be excluded from the service and will
be ineligible to win on any subsequent Draw beyond that of the week’s service
you have been charged for. Once your membership has been cancelled any winnings
must be claimed by you within 30 days. Claims made after that period will not
be honoured and the balance remaining on your account will be returned to zero.
4.14 NetPlay or you may suspend or cancel your account
immediately if the other breaches any of its obligations under these terms and
conditions. Return of any outstanding balance to you will be subject to the
provisions of these terms and conditions. The suspension or cancellation of
your account shall not affect either party's statutory rights or liabilities.
4.15 Employees
of NetPlay TV Mobile Limited and its associated
companies, their families and anyone connected with EuroTelelotto
or those ineligible to enter under other clauses in these terms, may not
participate. All players must satisfactorily complete the full registration
process to be eligible to claim.
4.16 Your
membership will apply from the point at which you receive your 'Subscription
Confirmation' message.
4.17 You may
cancel your account at any time by informing NetPlay
in writing at NetPlay TV Mobile Limited, Battersea
Studios, 80 Silverthorne Road, Battersea, London, SW8 3HE, or by email by
contacting mobile@netplaytv.com. For Customer Services please call 0207 819
9123.
5 OPERATION OF THE SYNDICATE
5.1 NetPlay acts as the Syndicate manager in relation to the
Draw and purchases the relevant lottery tickets in our name. We do not purchase
lottery tickets in your name or on your behalf and your Syndicate membership
does not entitle you to any interest in any lottery tickets purchased by us.
5.2 NetPlay does not sell lottery tickets and does not operate
a lottery. We are not connected to, affiliated with or approved by Camelot
Group plc or the National Lottery Commission.
5.3 Your membership will not apply to any
Draw made after the date of cancellation of your membership beyond that of the
week’s service you have been charged for and you shall not be entitled to any
funds whatsoever in relation to any Draw after such time.
5.4 NetPlay will, via the EuroTelelotto
website, display the numbers that have been played for your syndicate each
week. These can be viewed by logging into your registered account at any time.
5.5 NetPlay will inform you each week, as part of the standard
service announcements, of your updated balance following any syndicate wins.
6 PAYMENT AND
SECURITY
6.1 All payments
relating to the service announcements for EuroTelelotto
are billed directly to the mobile used when first registering. The costs
associated with these announcements are detailed in the FAQ section the EuroTelelotto website. The costs are liable to change at
any time, but written notice by email of such changes will be provided to you
no later than 14 days prior to such change.
6.2 If for any
reason NetPlay are unable to bill your mobile (for
example lack of credit on that mobile), or you have any unpaid messages for any
reason, the unbillable amount will be deducted in
full from any winnings before payout.
6.3 Any prizes
won by the Syndicate through any of the lottery tickets purchased for the Draw
relevant to your membership shall be divided equally between the participating
members of your Syndicate on a regular basis (the details of which can be found
in the FAQ section of the EuroTelelotto website),
with the amount being loaded to each member's account and are then available
for immediate withdrawal.
6.4 Subject to
6.5 below, NetPlay shall pay the funds to your
account as soon as payment from the draw operator has been received. For
winnings up to £4,999 the amount will be paid straight in to a user's account. For winnings of £5,000 and above user will be unable to withdraw
until payment has been processed which could take up to 21 days. Users
will be notified of their winnings the Monday following the previous week's
draw and withdrawal claims made will be subject to the terms listed above. NetPlay shall not be liable for any delay of the payment to
us of such prize howsoever caused.
6.5 In the event
that the operator of the Draw from any reason requires the repayment of any
funds paid by it to NetPlay in relation to the Prize,
you hereby undertake to pay to us a sum equal to the relevant prize within 14
days of a written request from NetPlay. You agree to
fully indemnify NetPlay against all claims,
liabilities, losses, costs and expenses (including legal fees) arising out of
any breach by you of the provisions of this clause.
6.6 Upon request
by you, NetPlay will action a payment by cheque of
part or whole of your available funds at the time of the transfer request, with
deductions for eventual service fees, bank fees, etc, where applicable.
7 WALLET
7.1 Your account
has an associated Wallet managed by the NetPlay
system.
7.2 You will be
able to remove funds from your Wallet at any time (provided that we have not
become entitled to suspend it). Withdrawal payments are made by cheque to be
sent to the address provided by you upon full registration.
7.3 The minimum
withdrawal amount is £10 unless you are closing your Account completely, which
must be done by contacting customer services directly.
7.4 You will not
be entitled to interest on funds that are held in your Wallet.
8 NO WARRANTY
8.1 NetPlay TV will endeavour to provide the Syndicate using
its reasonable skill and care. Save where required by law, NetPlay
TV makes no warranty or representation, whether express or implied, in relation
to the Syndicate.
8.2 The Player's
access to the Syndicate and/or the EuroTelelotto
website may be occasionally restricted to allow for repairs, maintenance or the
introduction of new facilities or services. In this event, NetPlay
TV will attempt to restore the service as soon as it reasonably can.
9 NETPLAY CONDUCT AND LIMITATION OF
LIABILITY
9.1 You agree
that your participation in the Syndicate is at your sole risk.
9.2 NetPlay reserves the right to withdraw the Syndicate or
elements of the Syndicate at any time, and will not be liable to you as a
result of any such action.
9.3 NetPlay will not be held responsible for any typing,
technical, or human error in the operation of the Syndicate. In the event of
any error, NetPlay reserves the right to either void
any affected Syndicate entries or to correct the error.
9.4 NetPlay will under no circumstances be held liable for any
damages or losses of an indirect nature that are deemed or alleged to have
resulted from or been caused by the Syndicate, the EuroTelelotto
website or its content including, without limitation, delays or interruptions
in operation or transmission, communication line failure, any persons use or
misuse of the EuroTelelotto.com website or its content, any errors or omissions
in content, damage for loss of business, loss of profits, business
interruption, loss of business information, or any other pecuniary or
consequential loss.
9.5 NetPlay accepts no liability for any loss of income or
revenue, loss of business, loss of profits or contracts, loss of anticipated
savings, loss of data, waste of management or office time or for any indirect
or consequential loss or damage of any kind however arising and whether caused
by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.6 NetPlay cannot be held responsible in the event of
non-payment of prizes from the National Lottery and in such an event all claims
will be null and void. Please visit www.national-lottery.co.uk for further
terms and conditions.
9.7 NetPlay will not be responsible for any breach of these
terms and conditions caused by circumstances beyond its reasonable control.
9.8 NetPlay does not exclude or limit liability for death or
personal injury caused by negligence (as defined in section 1 of the Unfair
Contract Terms Act 1977) or for fraud, nor for any breach of the terms implied
by section 12 Sales of Goods Act 1979 or section 2 of the Supply of Goods and
Services Act 1982, or any other issue that NetPlay is
not lawfully permitted to exclude or limit.
9.9 NetPlay’s liability in connection with your Syndicate and
the services provided by us on the EuroTelelotto
website is strictly limited to the aggregate total of the funds paid by you to
us in the 12 month period immediately preceding the event upon which such
liability arose.
9.10 NetPlay reserves the right to withdraw the EuroTelelotto website, the Syndicate or elements of either
at any time, and save for any rights that you may have over funds in your
account, will not be liable to you as a result of any such action.
10 WRITTEN COMMUNICATIONS
10.1 Legal
regulations require that some of the information or communications NetPlay sends to you should be in writing. When using this
website, you accept that communication with NetPlay
will be electronic. NetPlay will contact you by
e-mail, SMS text messaging or provide you with information by posting notices
on the EuroTeleMillions website. For contractual
purposes, you agree to this electronic means of communication and you
acknowledge that all contracts, notices, information and other communications
that NetPlay provide to you electronically comply
with any legal requirement that such communications be in writing. This
condition does not affect your statutory rights.
11 FRAUDULENT AND ILLEGAL USE OF THE WEBSITE
11.1 If NetPlay has reason to believe that your dealings with NetPlay constitutes an illegal or fraudulent activity and
to the extent permitted by law, NetPlay shall not be
liable to you for any payments made through direct billing to the mobile phone,
nor shall it incur any liability to you where it is required to give
information or documentation relating to you to any relevant regulatory
authority.
12 TRANSFER
12.1 You may not
transfer any of your rights under these terms and conditions to any other
person. NetPlay may transfer its rights under these
terms and conditions to another business where it reasonably believes that its
rights will not be affected.
13 THIRD PARTY RIGHTS
13.1 Except
insofar as these terms and conditions expressly provide that a third party may
in their own right enforce a term of these terms and conditions, a person who
is not a party to these terms and conditions has no right under local law or
statute to rely upon or enforce any term of this agreement.
14 FORCE MAJEURE EVENTS
14.1 NetPlay will not be liable or responsible for any failure
to perform, or delay in performance of, any of their obligations that is caused
by events outside their reasonable control ('Force Majeure Event').
14.2 A Force
Majeure Event includes any act, event, non-happening, omission or accident
beyond NetPlay’s reasonable control and includes in
particular (without limitation) the following:
a) Strikes,
lock-outs or other industrial action.
b) Civil
commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war.
c) Fire,
explosion, storm, flood, earthquake, subsidence, epidemic or other natural
disaster
d) Impossibility
of the use of railways, shipping, aircraft, motor transport or other means of
public or private transport.
e) The
postponement or cancellation of any lottery Draw.
f) Impossibility
of the use of public or private telecommunications networks.
g) Delays,
losses, errors or omissions in or made by the postal or other delivery service
or by the banking system.
h) The acts,
decrees, legislation, regulations or restrictions of any government.
14.3 NetPlay’s performance under this agreement is deemed to be
suspended for the period that the Force Majeure Event continues, and NetPlay will have an extension of time for performance for
the duration of that period. NetPlay will use our
reasonable endeavours to bring the Force Majeure Event to a close or to find a
solution by which their obligations under the Contract may be performed despite
the Force Majeure Event.
15 SETTLEMENT OF
DISPUTES
15.1 If you have
any dispute with regard to any outcome in the Syndicate or any other activity,
you should submit your complaint to NetPlay in
writing within fourteen (14) days of the incident by email to
mobile@netplaytv.com or in writing to NetPlay TV
Mobile Ltd, 80 Silverthorne Road, London, SW8 3HE. If we cannot agree a
resolution to any dispute with twenty one (21) days of the receipt of the
complaint by us, the dispute will be referred to an independent dispute
resolution body.
16 PRIVACY POLICY
16.1. To generally use the Service(s) and when You
use the Service(s) to make a complaint, query or otherwise contact Us, You will
be asked to provide information about Yourself. User Information will only be
used for the purposes as set out in this Privacy Policy. We comply with all
appropriate laws and regulations related to personal data including the Data
Protection Act 1998. We, or Our authorized third parties, may also collect
information about Your mobile phone. This is
statistical data and does not identify You as an
individual.
16.2.
By providing Your Information, You accept that We may
use and retain Your Information for the purposes of processing Your entries
into games, providing, maintaining, enhancing and personalizing the Service(s)
and monitoring and analyzing how Users use the Service(s) and Website.
16.3.
We will not sell or rent Your email address or any of
Your personal information. We will, however, share Your
information in the following ways: -
To
provide the Service(s): We may
from time to time use third parties to manage the Website or the Service(s) (or
parts of the same), facilitate Our business, manage
communications with You or otherwise provide services to Us in connection with
the Website or the Service(s). Where these third parties process
information on Our or Your behalf, We require those
third parties to use User information only in accordance with Our instructions.
Aggregated
anonymous data: We reserve the
right to perform statistical analyses of User’s behavior and characteristics in
order to measure interest in, and use of, the Service(s). We may provide Our analyses to prospective partners, investors, advertisers
and other third parties. We may also share statistical and demographic
information about Our Users and their use of the Website and the Service(s)
with suppliers of advertisements and programming. We will provide only
aggregated anonymised data from these analyses to
third parties and this will not include anything that could be used to identify
You or to discover individual information about
You. We may also disclose and otherwise use de-identified information
about Users.
Investigations: We will
share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such
information is reasonably necessary to satisfy any applicable law, regulation,
legal process anywhere in the world, such as a court order or subpoena, or a
request by law enforcement, regulatory, supervisory or governmental
authorities, (ii) such action is appropriate to enforce this Agreement,
including any investigation of potential violations of the Agreement, (iii)
such action is necessary to detect, prevent, or otherwise address illegal
activities, fraud, security or technical issues, or (iv) such action is
appropriate to protect the rights, property or safety of Us, Our employees,
users of the Service(s) or others. For legal reasons, We
are not obliged to inform You of the same, nor to give any reasons for doing
so.
Business transfer: If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Our business including without limitation Our assets or voting securities, User Information, including personal information collected from You, may be included in the transferred assets or securities. If this occurs, Your personal information would remain subject to this Privacy Policy.
16.4.
We may use Your User Information in order to send You
service information about the Service(s) (including by mail, phone, email,
other electronic messaging services such as text or automated calling systems,
or fax).
16.5.
We may use Your User information in order to send You
marketing information about Our products and services (including by mail,
phone, email, other electronic messaging services such as text or automated
calling systems, or fax). We may also contact You
with information about Our products and services including special offers and
rewards. Your information WILL NOT be passed on
to other third parties for marketing purposes without Your consent.
17 SETTLEMENT OF DISPUTES
17.1 If the Participant has any dispute with regard to any outcome in
the Service(s) or any other activity, the Participant should submit their
complaint to NetPlay in writing within fourteen (14)
days of the incident by email to Mobile@NetPlayTv.com
or by post to NetPlay TV Mobile Ltd, Battersea
Studios, 80 Silverthorne Road, London, SW8 3HE. NetPlay make a commitment to respond to all complaints
within twenty-one (21) days of receipt of the complaint at their offices.
18 NOTICES
18.1 You may
submit notices to NetPlay in writing at: NetPlay TV Mobile Ltd, Battersea Studios, 80
Silverthorne Road, London, SW8 3HE. Any notice NetPlay TV gives to you (save as
otherwise set out herein) will be sent to the email address that you provided
when you registered your account. Notices will be deemed received and properly
served immediately when posted on our website, 24 hours after an e-mail or a
text message is sent, or three days after the date of posting of any letter. In
proving the service of any notice, it will be sufficient to prove, in the case
of a letter, that such letter was properly addressed, stamped and placed in the
post and, in the case of an e-mail, that such e-mail was sent to the specified
e-mail address of the addressee or in the case of a text message that such message
was sent to the specified mobile telephone number of the addressee.
19 GENERAL
19.1 If any part of these terms and conditions shall be deemed
unlawful, void or for any reason unenforceable, then that provision shall be
deemed to be severable from these terms and conditions and shall not affect the
validity and enforceability of any of the remaining provisions of these terms
and conditions.
19.2 No waiver by NetPlay of any of these
terms and conditions shall be construed as a waiver of any preceding or
succeeding breach of any of these terms and conditions.
19.3 Nothing in these terms and conditions shall be construed as
creating any agency, partnership or any other form of joint enterprise between
the Participant and NetPlay.
19.4 The Participant confirms that they have read, understood and
accept the NetPlay Privacy Policy contained in these
terms as clause 10.
19.5 The Service(s) is subject to the laws of England and any dispute
arising out of or relating to the Service(s) shall be governed by the laws of
England.
19.6 This mobile Service(s) is provided by NetPlay TV Mobile Limited, 80 Silverthorne Road, Battersea, SW8 3HE. For Customer Services please call 0207 819 9123