Important Information
Is any liability excluded under these Terms?
Yes.
To the extent permitted by law, we exclude all liability for any indirect or consequential loss or damage.
Further, in the event that we are liable, our liability will be limited to the lesser of the Fees paid by you to us in the 12 months prior to the event upon which liability arose or AUD$8,500. See clauses 13.5 and 13.6 of these Terms and Conditions.
Are there any special terms relating to your Winnings?
Yes.
Lottery Messenger Services - the Lottery Messenger Services provided by us involves us arranging for a third party (Local Representative) to buy a Foreign Lottery Ticket which matches your Player Numbers. You acknowledge that Lottery Messenger Winnings are determined by the results of each relevant Foreign Lottery and the pay-out rules of those lottery providers. Accordingly, our ability to pay large Lottery Messenger Winnings is dependent on our ability to claim large Lottery Messenger Winnings from the Foreign Lottery provider when we present winning tickets to claim prizes. In the event that a dispute arises with a Foreign Lottery provider regarding their obligation to pay us, you acknowledge that in the event that a Foreign Lottery provider fails to satisfy their obligation to pay us, we shall be under no obligation to pay a corresponding amount to you.
Keno Services - the total amount of Keno Winnings payable is AUD$10,000,000. If there are multiple winners for a keno game that are entitled to an amount over AUD$200,000, and the total amount of winnings payable to all of those winners exceeds AUD$10,000,000, each winner will be entitled to a share of the winnings (rather than the individual winnings amount) which is calculated according to a formula set out in these Terms and Conditions.
See clause 7.6 of these Terms and Conditions.
What happens if your Player Account is inactive?
We may suspend or terminate your Player Account immediately and without prior notice if your Player Account has been inactive for a period of 6 consecutive months.
See clause 11.6 of these Terms and Conditions.
- Introduction
1.1 Overview. The Services are managed and operated by Annexio Australia Pty Ltd (ACN 616 833 008) (“we”, “us”, “our”, “Annexio”). Annexio Australia Pty Ltd is licensed by the Minister to provide approved licensed Services to customers located in Australia.
1.2 What these terms cover. These are the terms and conditions in accordance with which we supply our Services to you which, together with the Rules, our Privacy Policy (available here), and our Responsible Gambling Policy, make up these Player Terms and Conditions.
1.3 Why you should read them. Please read these Player Terms and Conditions carefully before you start to use our Services, any section of the Website and/or open a Player Account. These terms tell you who we are, how we will provide our Services to you, how you may use our Services, how we may change or end this contract, how we will use your information, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.4 How you accept these terms. By using any section of the Website, by opening a Player Account with us or using our Service, you agree to be bound by The Player Terms and Conditions.
1.5 How we may change these terms. These Player Terms and Conditions are published on the Website and may be changed from time to time. We reserve the right to make changes to these Player Terms and Conditions at any time and you accept it is your responsibility to regularly check the latest version of the Player Terms and Conditions and ensure you are familiar with those changes. We will endeavour to notify you, through your Player Account and/or email, of any material changes to these Player Terms and Conditions which directly affect you as a Player, no less than 7 days before the changes come into effect. All changes will be published on our Website with the date of last revision at the top of this document. Your continued use of our Services will be deemed to be your acceptance of any changes to these Player Terms and Conditions.
1.6 General provisions. In these Player Terms and Conditions, reference to the singular shall include references to the plural and vice versa. Headings are for convenience only and shall not affect interpretation. In the event of any inconsistency between these Player Terms and Conditions and any document referenced herein (including the Rules) these Player Terms and Conditions will prevail. In the event that these Player Terms and Conditions are translated into a language other than English, it is the English language version that shall take priority in the event of any ambiguity between the two versions.
2. Definitions
2.1 In these Player Terms and Conditions, the following words shall have the following meanings:
“Administration Fee” shall have the meaning set out in clause 11.6
“Act” means Gaming Control Act 1993 (NT).
“Approved” shall mean approved by the Minister by written direction in accordance with the Act.
“Bonus” shall mean any complimentary amounts or bonus amounts of monetary value which are credited by us into your Player Account.
“Cut-Off” means the end time by which we can accept:
In relation to the Lottery Messenger Service, your Player Numbers (based on the local time, local rules of the relevant Foreign Lottery and our Local Representative as displayed on the Order Form on the Website. This website uses UTC to express time. UTC is a universal time coordination. Please be aware that depending on the time of year UTC may represent UTC+1 (for example when the clocks change for British Summer Time). To convert the time from UTC to your own time zone please visit an external source); or
In relation to the Keno Service, your Keno Selection.
“Director of Gaming” shall have the meaning given in the Act.
“Draws” shall mean the draws on the lotteries known as “EuroMillions”, “Mega Millions”, “Powerball”, “EuroJackpot” and such other lotteries as detailed on our Website from time to time and as chosen by you as part of your use of our Lottery Messenger Service.
“Foreign Lottery” means a lottery conducted by a lottery operator in a country outside the customer’s jurisdiction which is regulated by the Government of that country, which is Approved for the purposes of providing the Lottery Messenger Services. Relevant Foreign Lotteries are detailed as:
Powerball - United States of America
Mega Millions - United States of America
El Gordo de Navidad - Spain
El Niño - Spain
EuroMillions - Transnational
EuroJackpot - Transnational
Irish National Lottery - Ireland
The National Lottery - United Kingdom
SuperEnalotto - Italy
Poland Lotto - Poland
Loto - France
El Gordo de La Primitiva - Spain
Daily Million - Ireland
Cash4Life - United States of America
“Foreign Lottery Ticket” means a ticket purchased in a Foreign Lottery by us via a Local Representative as a result of a Foreign Lottery.
“Fee” shall be the price we charge you for the Services as set out on the Website from time to time.
“Force Majeure Event” shall have the meaning set out in Clause 16.14.
“Keno Draws” shall mean the draws for keno games conducted by us in connection with our Keno Services.
“Keno Rules” shall mean the rules for using the Keno Services available on our Website and via the following link: Keno Draw Rules, Odds & Prizes
“Keno Selection” shall mean the combination of numbers chosen by you for a Keno Draw. The numbers for your Keno Selection may be selected either manually by you or randomly generated by us (at your option).
“Keno Selection Fees” shall mean the amount of money paid you in relation to your Keno Selection.
“Keno Services” shall mean the keno games provided by us in accordance with the Keno Rules.
“Keno Winnings” shall mean any moneys due to you payable from use of the Keno Services in accordance with the Keno Rules, less (i) any Keno Selection Fees due to us; (ii) any charge backs made by a third party in relation to Your Funds; and (iii) any local taxes, if any.
“Local Representative” means a representative local to the relevant Foreign Lottery with whom we have a contract to purchase a Foreign Lottery Ticket on our behalf which is matched with your Player Numbers.
“Lottery Messenger Services” shall mean the service provided by us whereby Players can enter into a contract with us to complete and submit online orders to select numbers in relevant Foreign Lotteries.
“Lottery Messenger Winnings” shall mean the prize money due to you payable as a result of a winning Foreign Lottery Ticket after all relevant taxes and deductions.
“Minister” means the Minister as referred to in the Act, for the time being.
“New Numbers” shall have the meaning set out in Clause 6.2.
“Notice Period” shall have the meaning set out in Clause 16.12
“Open Selection” shall mean any Keno Selection Fees received by us but not settled.
“Order Form” means the form on our Website that is used by a Player to select the Player Numbers.
“Original Numbers” shall have the meaning set out in Clause 6.2
“Platform” shall mean any online and/or mobile platform or the like provided by us to allow Players to access the Keno Services.
“Player” or “Member” shall mean a user of the Website.
“Player Account” shall mean the account you have with us that you use to access the Services.
“Player Numbers” means the numbers of a Foreign Lottery Ticket. Player Numbers may be selected either manually by you or randomly generated by us (at your option).
“Rules” shall mean the rules for using the Services as set out on our Website and via the following link: Draw Rules
“Services” shall mean the Lottery Keno Services and/or the Lottery Messenger Services, as applicable.
“Syndicate Winnings” shall mean the winnings calculated in accordance with the table set out in the Odds & Prizes page of the Website.
“Total Range” the range of numbers available in any Foreign Lottery according to the rules of participation of that particular Foreign Lottery.
“we” or “us” or “our” shall mean collectively Annexio Australia Pty Ltd.
“Website” means www.Tomlotto-au.com and/or any other website we may use to provide the Services.
“Winnings” shall mean the Lottery Messenger Winnings and Keno Winnings.
“Your Device” shall mean any device used by you to access the Services and/or any other services provided by us including but not limited to mobile phones, smart phones, desktop computers, tablets laptop computers and internet enabled televisions.
“Your Funds” shall have the meaning set out in Clause 5.1.
“Your Syndicate Entry” shall have the meaning set out in Clause 6.2
3. About us and the services we provide
3.1 We offer the Services. You must have and maintain a valid, current, registered Player Account to use our Services. When you use our Lottery Messenger Services, you are entering into a contract with us, and you acknowledge that we are in no way connected or affiliated with the providers of the Foreign Lotteries.
3.2 Where we are based. Annexio is licensed in the Northern Territory whose registered office is situated in Sydney, NSW. LottoGo.com is a Trademark owned by Annexio Limited and is used by Annexio Australia Pty Ltd under licence.
3.3 Who regulates us. Annexio Australia Pty Limited is licensed and regulated by the Minister and the Director of Gaming. The parent company of Annexio Australia Pty Limited, is Annexio Limited. The Annexio Group of companies is also licensed and regulated by the UK Gambling Commission.
4. Opening and Verifying Your Player Account
4.1 You may only have one Player Account. Should we identify any customer with more than one Player Account, we reserve the right to close such accounts.
4.2 You need to provide accurate details. You must ensure that the details you provide when opening your Player Account (including but not limited to your address (your usual place of residence), email address and contact telephone number) are accurate and kept up to date. You can access your own individual account information on the Website and, subject to verification requirements from us, may amend such information from time to time. We reserve the right to close your Player Account if we consider, in our sole discretion (acting reasonably), that you have provided false information.
4.3 Representations by you. By opening a Player Account and/or using the Services, you represent and warrant that:
- a. you are legally capable of entering into binding contracts;
- b. you are at least 18 years old. In this regard, you should note that underage gambling is an offence in Australia;
- c. you are a resident of Australia and not a resident of the United States of America or located at the time of using our Services in any country in which you are not permitted to use our Services. It is your responsibility to ensure that you comply completely with your own local, national or state laws;
- d. you do not make a living out of gambling, gaming, or betting; and
- e. you are not self-excluded, or otherwise excluded, from opening a Player Account and/or using the Services.
4.4 Proof of age. We reserve the right to ask for proof of age from you at any time. In the event that we discover you are under 18, your use of our Services will be void, all Winnings will be forfeited, and your deposit returned to you. Your Player Account will be closed forthwith. We reserve the right to report you and/or your activity with us to the relevant authority(ies).
4.5 Proof of identity and residence. We reserve the right to request proof of identity and residence and other verification from you upon the opening of your Player Account, and prior to any withdrawals being made from your Player Account in accordance with the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) and the conditions of our licence. If we are unable to verify your identity within 14 days of your Player Account being opened, we will suspend your account pending such identification and you will be unable to withdraw funds from or access any of our Services using your Player Account.
4.6 Account Security. When you open your Player Account you must provide a valid email address (amongst others) and choose a password. It is your responsibility to ensure these details are secure and private. You acknowledge that you are responsible for ensuring the security of your Player Account. If another person accesses your Player Account, you are solely responsible for all their actions whether or not their access was authorised by you and you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages arising in connection with the use of or access to your Player Account by any third party. If you lose, or forget, your username and/or password, or if you believe that a third party is aware of them, you should contact us immediately so we can email you new security details.
5. Payments
5.1 How you deposit funds. To use our Services, you must have cleared funds in your Player Account. Funds must be deposited by credit or debit card, digital wallet, international money order, bankers draft or bank cheque. We may accept other payment methods from time to time at our sole discretion (acting reasonably) in line with local regulation. You may deposit prepaid funds into your Player Account. We are under no obligation to refund prepaid funds or Fees.
5.2 How much you can spend with us. You may set a maximum amount of funds that can be spent on our Website in connection with our Services. Limits can be set for a duration of 1 day, 7 days, or 30 days. If you do not set a maximum spending limit, the maximum amount of funds that you may spend on our Website in connection with our Services in any month is AUD$17,000. The maximum amount of funds may be increased by direct request to the customer service team, at our absolute discretion (acting reasonably), depending upon your history with us and other factors as determined solely by us. If such a request is approved by us, the maximum amount of funds that you may spend on our Website in connection with our Services will be increased after a period of twenty-four (24) hours from the time of approval. You can also request a reduction in the maximum amount of funds that you may spend on our Website in connection with our Services. Any request for a reduction in maximum amount of funds will take effect immediately.
5.3 How to withdraw Winnings. Unless you have opted to self-exclude from Annexio, you can only withdraw funds from your Player Account that are Winnings. For more information on self-exclusion and withdrawals, please refer to Clause 11 below. Any Winnings that you want to withdraw will only be deposited into the same bank account/digital wallet account/credit or debit card you used when paying Fees or depositing prepaid funds and must be in your name. Under no circumstances will withdrawals be facilitated by paying Winnings to a third party.
5.4 How we deal with chargebacks. You hereby agree that no chargebacks or other cancellation of funds will be made relating to your Player Account without our consent. In the event of any of the foregoing occurring, you agree to refund and compensate us for any losses, including any expenses incurred by us in the process of recovering such amounts. In the event that you cancel these funds by way of chargeback or otherwise, any and all Winnings connected to your Player Account will be void and will not be paid to you by us.
5.5 How we manage Bonuses. In the event we decide to offer a Bonus (to the extent permitted by law), the terms relating to such Bonus shall be set out on the Website and must be accepted by you if you wish to participate in the Bonus.
5.6 Transaction records and policies. Copies of your transaction records are available in My Account at all times and our polices and rules relating to your transactions are displayed on our website. We recommend that you retain a copy of your transactions and our polices, especially in instances of account closure.
6. Using Our Lottery Messenger Services
6.1 How a Foreign Lottery Ticket is purchased. In order to for us to purchase a Foreign Lottery Ticket , you must complete and submit an Order Form on our Website. Please note you must have a valid Player Account. Your Order Form must be submitted before the “Cut Off” to be eligible for the relevant Draw. Please note the Cut Off will be in UTC or UTC+1 depending on the time of year. To calculate your local time, you will need to add or subtract from UTC and/or UTC +1 as applicable.
|
Single Line Cut Off |
Syndicate Cut Off |
|
|
EuroMillions |
19:00 |
19:00 |
|
Mega Millions |
01:00 |
01:00 |
|
US Powerball |
12:45 |
12:45 |
|
UK Lotto |
19:00 |
19:00 |
|
SuperEnalotto |
17:30 |
- |
|
EuroJackpot |
17:15 |
- |
|
Polish Lotto |
19:30 |
- |
|
Irish Lotto |
19:15 |
- |
|
El Gordo de la Primitiva |
19:30 |
- |
|
French Lotto |
18:30 |
- |
|
Daily Million |
20:00 |
- |
|
Cash4Life |
23:15 |
- |
| El Gordo de Navidad | - | 00:00 |
| El Nino | - | 00:00 |
Select your nominated Foreign Lottery. Please note that individual Foreign Lotteries have different rules regarding Total Range of Player Numbers, Cut-Off Times and Lottery Messenger Winnings;
Select your Player Numbers (which may be selected manually by you or randomly generated by us (at your option)) from within the Total Range of numbers available) for your chosen Foreign Lottery;
- a. Your Player Numbers are submitted for a Foreign Lottery Ticket;
- b. Submit your Order Form; and
- c. Pay the Fee for the completed Order Form.
6.2 Entering a Syndicate Order Form (only available for selected Foreign Lotteries):
- a. Select the syndicate you wish to join for the participating Foreign Lottery.
- b. Your numbers for a Foreign Lottery Ticket will be selected as a defined set of numbers chosen from the Total Range of numbers (the “Original Numbers”).
- c. Your Original Numbers shall be available to view when you are logged into your Player Account.
- d. The Original Numbers entered into draws will be referred to as “Your Syndicate Entry”. From time to time, at our sole discretion (acting reasonably), it may be necessary to withdraw defined sets of numbers for the draws and in such event we shall notify you in writing of other defined sets of numbers which could replace the Original Numbers (or any other numbers used for the draws during your use of our Lottery Messenger Services), which shall be entered into each draw by us from the date of such notification (the “New Numbers”).
- e. New Numbers once allocated to you shall be deemed to be your Original Numbers for the purposes of these Player Terms and Conditions and shall thereafter be Your Syndicate Entry. The fixed percentage pay-out for particular draws may alter from time to time but written notice of such change will be provided to you no later than 28 days prior to the change.
6.3 Multiple Draws. If a Foreign Lottery makes multiple Draws on the same date, then unless otherwise specified by us, a Foreign Lottery Ticket will relate solely to the main Draw to take place on that date. In the event there is no draw on that date, a Foreign Lottery Ticket will apply to the first Draw by the relevant Foreign Lottery thereafter. If a Draw does not take place in relation to the relevant Foreign Lottery, a Foreign Lottery Ticket will stand for the relevant rescheduled Draw for the relevant Foreign Lottery, or if there is no re-scheduled Draw, the next available Draw relating to the relevant Foreign Lottery.
6.4 Lottery Messenger Winnings. The Lottery Messenger Services provided on our Website facilitate the purchase of a Foreign Lottery Ticket using your Player Numbers. We then arrange for a Local Representative to buy Foreign Lottery Tickets which match your Player Numbers. You acknowledge that Lottery Messenger Winnings are determined by the results of those lotteries and the pay-out rules of those lottery providers.
7. Using Our Keno Services
7.1 The Keno Services. We will conduct the Keno Services in accordance with the Keno Rules. We will determine at our discretion when a keno game opens and closes (subject to any determination made by an Australian authority) and we will conduct the Keno Draws using an Approved system.
7.2 How to make Keno Selections. To place a Keno Selection in relation to the Keno Services, you must:
- a. select the keno game that you wish to play;
- b. select the numbers that will be your Keno Selections (which may be selected manually by you or randomly generated by us (at your option) from within the range of numbers available) for the relevant keno game; and
- c. pay Keno Selection Fees using cleared funds from your Player Account. The minimum deposit into your Player Account is AUD$ 5.00.
7.3 You will receive from us an allocated unique game transaction reference in your Player Account once you have successfully placed a Keno Selection. For the avoidance of doubt, you will not have successfully placed a Keno Selection unless you receive this confirmation from us.
7.4 Winning entries. A Player will win a keno game and be awarded Keno Winnings if the Player’s Keno Selection for a keno game match the numbers drawn in the Keno Draw for that keno game. In the event that multiple Players are awarded Keno Winnings for a keno game, and the total prize money for that keno game exceeds AUD10million bet will be paid in equal share (pro rate to the stake) of the prize value to all Players entitle to the Keno Winnings.
7.5 Display of winning numbers. The winning numbers and results of each keno game will be displayed on the Website.
7.6 Keno Winnings. Keno Winnings which amount to more than AUD$200,000 are covered by specialist jackpot insurance (“Insured Prizes”). For each keno game, the total liability that the insurance company will pay out for Insured Prizes is AUD$10,000,000 (the “Total Liability Payment”). In the event there are multiple winners of Insured Prizes (“Multiple Winners”) and the total payments due to those winners exceeds the Total Liability Payment, each winner will share the Total Liability Payment according to the following formula:
- Total Liability Payment x the amount which, except for this rule, would have been payable in respect of the game played by each Multiple Winner) divided by the total amount which, except for this rule, would have been payable in respect of the game played by the Multiple Winners”
7.7 Keno Winnings of AUD$200,000 or greater will appear as a credit in your Player Account whilst we process the claim through our jackpot insurance. The claims procedure can take up to two weeks whilst the insurance provider undertakes verification checks on the win. This may include you being required to provide identity documents to verify your name, age, address and other details. You will have to provide these documents for the claim to be processed. Whilst the insurance claim is being verified, the funds that have been credited to your account will not be available for withdrawal. Accordingly, crediting the funds to your Player Account is not confirmation by us that the claim will be paid. Once the claim has been verified and paid, you will be able to withdraw your Keno Winnings from your Player Account.
8. Lottery Messenger Winnings
8.1 If a Foreign Lottery Ticket purchased on the basis of your completed Order Form is a winning ticket, we will pay those Lottery Messenger Winnings subject to the following clauses of this section 8. In particular you should note that any Lottery Messenger Winnings will be subject to any deduction for local taxes in the jurisdiction of the Foreign Lottery. Further you will not be able to withdraw any Lottery Messenger Winnings until your Player Account has been verified in accordance with Section 4 of these terms and conditions, or any other such verification requirements under this section 8.
8.2 Deductions applied to Lottery Messenger Winnings. Lottery Messenger Winnings are calculated by reference to the pay-out rules of the relevant Foreign Lottery provider. In some cases (for example the Powerball lottery), a mandatory deduction will be applied where jackpot winners claim a cash lump sum. For these Foreign Lotteries we make this deduction. In addition, some Foreign Lottery providers deduct local withholding or similar taxes from the cash lump sum payable. We will also deduct such sums as would be due for withholding or similar tax purposes from any Foreign Lottery Messenger Winnings due to you.
8.3 Payments for Cash4Life. If a Foreign Lottery Ticket is a winning ticket and, subject to availability, you choose to receive your Lottery Messenger Winnings as annuity payments, we will claim from the Foreign Lottery a lump sum payment of the Lottery Messenger Winnings on your behalf and pay the lump sum to a third-party fund manager of your choice who will manage the annuity payments due to you. Any Lottery Messenger Winnings paid to you under this section 8.3 will be subject to the applicable reductions set out in section 8.1 and, if you choose to receive the Lottery Messenger Winnings in Australian dollars, in accordance with section 16.3. If you decide to accept your Lottery Messenger Winnings in Australian dollars, it will be paid to you at the exchange rate applicable on the date of payment (agreed between us and the Foreign Lottery) by the Foreign Lottery of the lump sum to us.
9. Non-Payment of Winnings
9.1 When Winnings are not paid. We may void and shall be entitled not to pay any Winnings in respect of any Order Form or Keno Selection:
- a. that is placed after the Cut-Off Time;
- b. that is erroneously accepted on the Website after the Cut-Off Time for the relevant Draw or Keno Draw or in respect of a Draw or Keno Draw that has already taken place at the time when the Order Form or Keno Selection was submitted;
- c. if we become aware of an error in relation to that Order Form, Keno Selection, Draw or Keno Draw and we are not able to contact you to correct the error before the Cut-Off Time for the relevant Draw or Keno Draw;
- d. if you charge back any Fees relating to your Player Account without our consent;
- e. placed by a player who has provided false or misleading information as part of or in connection with his/her Player Account or otherwise in connection with the Website or the Services;
- f. placed by a player who has been involved in any collusion or fraud-related activities in relation to the Order Form submission or Keno selection, the operation of their Player Account or otherwise in connection with the Website or the Services;
- g. placed by a player who was, at the time of placing an Order Form or Keno Selection:
- i. less than 18 years old;
- ii. in breach of any material provision of these Player Terms and Conditions; or
- iii. in breach of the relevant Rules.
9.2 What happens to void Order Forms or Keno Selections. If any Order Form or Keno Selection is voided in accordance with clauses 9.1 a, b, c and d we will offer the relevant player the option of submitting such Order Form or Keno Selection on the next relevant Draw for the nominated Foreign Lottery or Keno Draw for the Keno Services or crediting his/her Player Account with the sum of money representing such voided Order Form or Keno Selection. If any Order Form or Keno Selection is voided in accordance with clause 9.1 e, f and g we will return the deposit made to us and close your Player Account forthwith.
9.3 Disputes that affect our ability to pay large Lottery Messenger Winnings. As we do not conduct the Foreign Lottery, our ability to pay large Lottery Messenger Winnings is dependent on our ability to claim large Lottery Messenger Winnings from the Foreign Lottery provider when we present winning tickets to claim prizes. In the event that a dispute arises with a Foreign Lottery provider regarding their obligation to pay us, we may not be in a position to pass Lottery Messenger Winnings on to you. In such circumstances, you acknowledge and agree that if, for any reason, the Foreign Lottery provider fails to deliver a relevant Lottery Prize to us we will not be under any obligation to pay a corresponding amount to you.
10. Funds Held in Your Player Account
10.1 How sums in your Player Account are held. Any funds which are in your Player Account will be held by us for you and other Players in a segregated bank account. However, we are not a bank, and no interest shall be paid on any sums in your Player Account.
10.2 What happens to funds in the event of insolvency. To the extent that sums in your Player Account are held in a segregated bank account, these funds will be protected in the event of insolvency.
11. Withdrawals from Your Player Account
11.1 Withdrawals to credit cards may only be made to credit cards used to pay for funds deposited into the Player Account.
11.2 Where to find withdrawal methods. Information regarding current withdrawal methods for your Winnings can be viewed when you are logged into your Player Account.
11.3 Refunds to incorrect details. We cannot refund withdrawals when made to an account using incorrect account details in your Player Account.
11.4 Mistaken payments. You shall immediately inform us in the event that any Winnings are paid to you in error and forthwith return such to us.
11.5 Self-Exclusion. If you have opted to self-exclude from Annexio, all outstanding funds in your Player Account will be paid to you (subject to Annexio conducting the appropriate identification checks and verifications).
11.6 Inactive Player Accounts. Should your Player Account be inactive for a period of 6 consecutive months (see Clause 12.2 c), we reserve the right to close your Player Account and/or charge a fee (the "Administration Fee"). In this event, all funds held in your Player Account will be held by us for a period of time that we consider, in our sole discretion, to be reasonable, subject to the direction of the Minister. Prior to closing your inactive Player Account, we shall use all reasonable means to contact you.
12. Suspension and Termination
12.1 Your termination rights. You may terminate your Player Account immediately at any time on the Website.
12.2 Our suspension and termination rights. We may suspend or terminate your Player Account immediately and without prior notice:
- a. if you breach these Player Terms and Conditions;
- b. if at our discretion (acting reasonably), we consider that your conduct compromises our position in any manner;
- c. if your Player Account has been inactive for a period of 6 consecutive months;
- d. if we cease to offer the Services; and
- e. for any other reason at our sole discretion, acting reasonably
12.3 Effect of suspension or termination. After suspension or termination of your Player Account:
- a. we will accept no further Fees, Order Forms or Keno Selections from you;
- b. you will not be entitled to a Foreign Lottery Ticket or Keno Selection. For the avoidance of doubt, any Order Form or Keno Selection accepted by us prior to suspension or termination will remain valid; and
- c. you will not be allowed to participate in the Services
12.4 Survival of Terms Clauses 9, 12, 14,16.1, 16.5, 16.6, 16.8, 16.9, 16.11, 16.12, and 16.13 shall remain in force notwithstanding any termination of your Player Account in accordance with this section 12.
13. Liability
13.1 Limited warranties. We will endeavour to provide the Services using reasonable care and skill. Subject to clause 13.8, we make no further warranty or representation, whether express or implied in relation to the Services provided by us to you and all warranties or conditions are hereby excluded, to the fullest extent permitted by law.
13.2 Avoiding errors. We will use reasonable endeavours to avoid any error in information published on the Website regarding our Services, including the availability of a Foreign Lottery, registration or other action in respect of Player Accounts, notification of Winnings, the submission and acceptance of Order Forms or Keno Selections, Player Account, and the Website generally, but beyond this no warranty is given. We reserve the right to correct any errors in relation to the Services.
13.3 No warranties. We make no warranty that the Services will be uninterrupted, timely, secure or error-free. In the event of any system or communication error in relation to the generation of your Original Numbers, New Numbers, Keno Selection or otherwise, we will not be liable to you as a result of any such errors and we reserve the right to withhold the payment to you of any Winnings in such circumstances.
13.4 No representations. You acknowledge and agree that, in accepting these Player Terms and Conditions, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether or not such person is a party to these Player Terms and Conditions) unless expressly set out in these Player Terms and Conditions.
13.5 Our limited liability. Subject to clause 13.4, our entire and aggregate liability to you, whether under contract, tort, negligence or otherwise in connection with the Services provided by us to you is strictly limited to the lesser of the following:
- a. the Fees paid by you to us in the 12-month period immediately preceding the event upon which such liability arose; or
- b. the sum of AUD$8,500.
13.6 No indirect or consequential losses. We accept no liability 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. We accept 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, whether under contract, tort (including negligence) or otherwise.
13.7 This clause 13 does not affect your statutory rights.
13.8 IN AUSTRALIA, ALL SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE COMPETITION AND CONSUMER ACT 2010 AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
14. Complaints and Dispute Resolution
14.1 Complaints: If you wish to raise a complaint, please contact us either by email to [email protected], by phone on +61 1800 431 330, or by post to Annexio Australia Pty Ltd T/A LottoGo.com, Level 16, Charles Darwin Centre, 19 Smith Street Mall, Darwin. NT 0800, Australia. We will endeavour to resolve any complaints or disagreements quickly and efficiently once we have investigated your complaint and obtained all relevant information. If you are not satisfied with the initial outcome, you may request for it to be reviewed by a manager.
14.2 Dispute resolution: If we are unable to resolve any disputes between us, you may refer the dispute to the Director of Gaming Control or his/her delegate, for final determination. You can refer your Dispute via email to [email protected], or via post at GPO Box 1154 Darwin NT 0801, for final determination. You must make this approach and submit details of your dispute to the Director of Gaming Control within 14 days of the occurrence of the event in dispute. Any decision of the Director of Gaming Control (or his/her delegate, as the case may be) is final and binding on both parties. All information collated during our investigation of your complaint will be retained and provided to the Regulator should this be requested to assist with their final determination.
15. Responsible Gambling
15.1 Our approach to responsible gambling. We maintain a strong commitment to provide all our players with a responsible gambling environment. Gambling should be enjoyed as a recreational activity however, it can nevertheless also cause a problem for a minority of players. We aim to prevent compulsive usage and underage access to the Services while providing a friendly and entertaining gambling experience. For further details, please refer to our Responsible Gambling Policy (available here). We will use reasonable endeavours to enforce this Responsible Gambling Policy, however, we do not accept any responsibility or liability if a User nevertheless continues gambling and does not use any of the measures set out in our Responsible Gambling Policy.
16. Miscellaneous Provisions
16.1 Availability of Services. We reserve the right to suspend, amend, add or remove any part of the Website, Platform and/or the Services at our sole discretion (acting reasonably) and without warning and we will not be liable for any such action. In the event that we suspend any part of the Website, Platform and/or the Services, we may close all Order Forms or Open Selections (acting reasonably) at a fair value at that point in time. We will not be liable if, for any reason, the Website is unavailable for any time or period.
16.2 Verification checks we may make before making payments of Winnings. To enable us to comply with anti-money laundering legislation and other legal requirements, we may require information additional to that required under section 4 (opening a Player Account) from you before crediting your Player Account with any Winnings. You agree to do all things necessary to assist us in complying with these additional verification obligations. You acknowledge that we may not credit your Player Account until we are in receipt of all information we require for these purposes.
16.3 What currency payments are made in. All Winnings will be paid in Australian dollars. Where sums are denoted by a Foreign Lottery in another currency, we will convert your Lottery Messenger Winnings into Australian dollars less any transaction fees, which are calculated using the prevailing exchange rate on the date determined by us.
16.4 Changing content. We may at our absolute discretion (acting reasonably) change the content of the Website and/or the Services or elements of the Services on the Website at any time. Any such changes shall not affect the Order Form or Keno Selections made by you prior to such changes.
16.5 Compatibility with your devices. We give no guarantee that the Website will be compatible with any hardware or software used by you including Your Device.
16.6 What happens with your connection problems. Any failure on your side including but not limited to network connection or computer problems, will not void the result. You can check your own Order Form or Keno Selection history in the report section of your Player Account.
16.7 What happens with our system or hardware malfunctions. We reserve the right to void the Services if there is any system malfunction or hardware malfunctions which affects our Services. In this circumstance, no Winnings of any nature whatsoever will be due to you which are connected to the Services that are subject to such malfunctions.
16.8 Irregular game play/behaviour. If we identify unusual patterns of play or transactions which gives rise to concerns that your Player Account is being misused, subject to unauthorised use, indicates problem gambling concerns or generally raises integrity concerns, we may suspend your Player Account for a reasonable time to allow us to investigate the transactions that are causing our concern. We may, in our absolute discretion (acting reasonably) decide to close your Player Account if we have concerns over its use.
16.9 Website links. We may provide links on the Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from third party sellers through the Website, or from companies to whose website we have provided a link on the Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information (including any personal data) related to that transaction to the third party seller.
16.10 Errors. In accordance with Clause 13.2, where we become aware of an error affecting you in relation to an Order Form, Foreign Lottery or Keno Selection prior to the relevant Cut-Off Time for a Draw or Keno Draw, we will use reasonable endeavours to inform you of the error and to offer you the choice of keeping the Order Form or Keno Selection (where applicable) or confirming or voiding the Order Form or Keno Selection. In the event that we cannot contact you, the terms of clause 9 shall apply.
16.11 Written communications. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail, SMS text messaging or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
16.12 Notices. All notices given by you to us must be given to us by e-mail at: [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when opening your Player Account, or in any of the ways specified in clause 16.11. Other than as noted in clause 12.2, notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail or a text message is sent, or 3 days after the date of posting of any letter. In the event that you terminate this contract in accordance with the terms of clause 12, the Notice Period will be deemed to commence on the day that we receive your notice to terminate this contract notwithstanding the terms of this clause 16.12. 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.
16.13 Transfer of rights. This contract is binding on you and us and on our respective successors and assigns. You may not transfer, novate, assign, charge or otherwise dispose of this contract or these Player Terms and Conditions, or any of your rights or obligations arising under this contract or these Player Terms and Conditions, without our prior written consent. We may transfer, novate, assign, charge, sub-contract or otherwise dispose of this contract or these Player Terms and Conditions, or any of our rights or obligations thereunder, at any time.
16.14 Events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract or these Player Terms and Conditions that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under this contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this contract may be performed despite the Force Majeure Event. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
the postponement or cancellation of any Draw;
impossibility of the use of public or private telecommunications networks;
delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system;
the acts, decrees, legislation, regulations or restrictions of any government or regulator;
failure of any telecommunications system.
16.15 Publicity. You agree to receive Winnings over AUD$85,000 in a winnings ceremony which will be open to the media of our choice. You may choose to remain anonymous at the ceremony. You hereby agree to Annexio publicising and promoting details of your Winnings , your geographical location, age and work status. If you choose to remain anonymous we will pixelate your features such that you cannot be identified from any images that we use.
16.16 Waiver. If we fail, at any time during the term of this contract, to insist upon strict performance of any of your obligations under this contract or any of these Player Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Player Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16.11
16.17 Severability. If any of these Player Terms and Conditions or any provisions of this contract are determined by any court or competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.18 Entire agreement. These Player Terms and Conditions, our Responsible Gambling Policy, our Privacy Policy, our Acceptable Use Policy and our Anti-Spam Policy and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into this contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Player Terms and Conditions. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently).
16.19 Third party rights. Unless otherwise expressly stated within this contract, nothing in these Player Terms and Conditions shall create or confer any rights or any other benefits in favour of any person other than you and us.
16.20 No partnership or agency. Nothing in these Player Terms and Conditions is intended or should be construed as creating any partnership, agency or any other form of joint enterprise between you and us.
16.21 Governing Law. This contract is governed by the laws of the Northern Territory of Australia.
16.22 Jurisdiction. Each party irrevocably agrees, for the sole benefit of us that, subject as provided below, the courts of the Northern Territory shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Nothing in this clause shall limit the right of us to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.