EuroTelelotto Mobile Subscription Syndicate – Terms & Conditions

SERVICE UPDATE: The last EuroTelelotto syndicate was run for the National Lottery Euromillions draw date 06/05/11. At 20:00 on the same day the EuroTelelotto service closed to all new and existing subscribers and no further billing has taken place. For member services please email: help@touch-mobile.co.uk or alternatively call 0207 886 0890.

***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.

This is a subscription service.

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 help@touch-mobile.co.uk

1.2 The Syndicate is arranged and managed by Touch Mobile Ltd (referred to in these terms as 'Touch') of The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH. For Customer Services please call 0845 862 1460.

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 Touch 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. Touch 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. Touch 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 Touch. 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 Touch (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 Touch’s prior written approval.

3.5 You agree that Touch 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;

- Touch has reason to believe that your dealings with us constitute an illegal or fraudulent activity. In this event Touch 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;

- Touch 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 Touch arises.

3.6 You understand that Touch may, from time to time, ask you to participate in marketing and promotion for Touch 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 Touch 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 20:00 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 Touch 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 Touch 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. Touch 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 Touch immediately whereupon a new password may be given. Unless caused by Touch’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 Touch at the earliest opportunity.

4.9 Touch may require you to change your password or Touch may suspend your Account if Touch 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 Touch as soon as reasonably possible if you believe your account information is being misused in any way by a third party so that Touch may suspend your account. Touch 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 Touch 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. Touch 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 Touch 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 Touch 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 Touch in writing at Touch Mobile Limited, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH, or by email by contacting help@touch-mobile.co.uk. For Customer Services please call 0845 862 1460.

5 OPERATION OF THE SYNDICATE

5.1 Touch 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 Touch 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 Touch 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 Touch will inform you each week, as part of the standard service announcements, of your updated balance following any syndicate wins.

5.6 Touch Mobile Limited will constitute 1 (one) member in each syndicate of 150 (one hundred and fifty) and therefore be eligible to a share of any winnings.

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 Touch 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, Touch 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. Touch 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 Touch 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 Touch. You agree to fully indemnify Touch 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, Touch 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 Touch 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 Touch TV will endeavour to provide the Syndicate using its reasonable skill and care. Save where required by law, Touch 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, Touch TV will attempt to restore the service as soon as it reasonably can.

9 TOUCH CONDUCT AND LIMITATION OF LIABILITY

9.1 You agree that your participation in the Syndicate is at your sole risk.

9.2 Touch 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 Touch will not be held responsible for any typing, technical, or human error in the operation of the Syndicate. In the event of any error, Touch reserves the right to either void any affected Syndicate entries or to correct the error.

9.4 Touch 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 Touch 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 Touch 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 Touch will not be responsible for any breach of these terms and conditions caused by circumstances beyond its reasonable control.

9.8 Touch 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 Touch is not lawfully permitted to exclude or limit.

9.9 Touch’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 Touch 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 Touch sends to you should be in writing. When using this website, you accept that communication with Touch will be electronic. Touch 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 Touch 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 Touch has reason to believe that your dealings with Touch constitutes an illegal or fraudulent activity and to the extent permitted by law, Touch 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. Touch 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 Touch 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 Touch’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 Touch’s performance under this agreement is deemed to be suspended for the period that the Force Majeure Event continues, and Touch will have an extension of time for performance for the duration of that period. Touch 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 Touch in writing within fourteen (14) days of the incident by email to help@touch-mobile.co.uk or in writing to Touch Mobile Ltd, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH. 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 Touch in writing within fourteen (14) days of the incident by email to help@touch-mobile.co.uk or by post to Touch Mobile Ltd, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH.  Touch 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 Touch in writing at: Touch Mobile Ltd, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH. Any notice Touch 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 Touch 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 Touch.

19.4 The Participant confirms that they have read, understood and accept the Touch 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 Touch Mobile Limited, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH. For Customer Services please call 0845 862 1460