Copyright © and All Trademarks, Logos and Intellectual Property Rights Reserved 2009-2016
Terms & Conditions of SMART WINNERS operators of
the internet online lottery website www.smart-winners.com and other associated lottery websites.
Welcome to SMART WINNERS!
Your Association with lottery online Smart Winners
The use of lottery online SMART WINNERS products, software, services
and web sites (hereinafter called as “Services”, any other services
provided by SMART WINNERS under separate written agreement are excluded)
would be subjected to the terms of legal agreement between user of
services and lottery online SMART WINNERS. This document is explanatory about the
drafting of referred legal agreement and sets out certain terms and
conditions of the agreement.
Unless otherwise agreed in writing by SMART WINNERS,
any agreement between user and SMART WINNERS would always include,
certain terms and conditions set out in this document. These are
referred to below as the “Universal Terms”.
In addition to the Universal Terms, an agreement
between SMARTWINNERS and user of services will also include the terms of
any legal notices applicable to those Services. All of these are
referred to below as the “Additional Terms”. Where Additional Terms
apply to a Service, these will be accessible for user to read either
within, or through use of, that Service.
The Universal Terms, together with the Additional
Terms, form a legally binding agreement between user and SmartWinners in
relation to use of the Services.
It is important that you take the time to read them
carefully before using services. This legal agreement is hereinafter
referred as the “T&C’s”.
In matter of negation between the Additional Terms
and the Universal Terms, the Additional Terms shall take precedence in
relation to that Service.
Use related restrictions
For the use of services, acceptance of T&C’s is necessary.
As per the changed regulations from 26th May 2011,
there has been a change in rules about cookies on online websites. Cookies with
small text files are used by this website, which are placed on the
computer by the websites that you visit.
Cookies are used in order to make websites work more
efficiently and to provide information to the owners of the website.
By joining lottery online www.smart-winners.com as a member, while
signing up you agree to allow us to use Open Tracking to monitor and
improve your email experience. This condition of membership is also part
An essential cookie which enables efficient
operation of part of website has already been set. You may choose to
delete and block all cookies from this site but that would affect the
functioning of the site. Our Terms & Conditions require that you
T&C’s can be accepted by:
Clicking to accept or agree to the T&C’s,
wherever this option is available in the user interface for any Service;
By the actual use of Services. In this case, you
understand and agree that SMARTWINNERS will treat your use of the
Services as acceptance of the T&C’s from that point onwards.
The use of T&C’s and services is based on
absence of following clauses that (a) you are not of legal age to form a
binding contract with SMARTWINNERS, or (b) you are a person barred from
receiving the Services under the laws of the United Kingdom or other
countries including the country in which you are resident or from which
you use the Services.
The registration and submission of your mobile and
telephone details would be counted as your consent to receive
promotional offers from SMARTWINNERS of the Smart Tech
group and other selected reputable
You also agree to the terms and conditions of the
privacy statement that govern how your information will be processed.
This document must be read in conjunction with the
Policy applicable to all Player Members using all or any part of our
lottery online websites.
In case any of the following conditions apply to
you, then you cannot register with us as a Player or seek to register
as a Member through the lottery online Website (or otherwise) or play any Game on the
Website for free, or follow payment of a Membership Fee:
You are under 18 years of age;
You are not acting as principal and are acting on behalf of someone else;
You are not legally capable of entering into binding contracts.
Your full registration and status of player with us,
confirms and warrants that you do not fall into one or more of the
three categories above and that all information provided to us by full
registration and in connection with your account is complete, accurate
and not misleading and each time you play a Game you repeat that
confirmation and warranty to us.
"Advertising & Marketing" means
for the purpose of notifying members of other lottery opportunities,
this company is also known as Smart Limited, and as such will from time to time inform members of
new lottery products.
“Account” means the secure area of
the Website, unique to a Player through which you can become a Member,
pay Membership Fees, join a Syndicate and monitor any Game your
“SMARTWINNERS” the trade name of the Company.
“Cookies” On 26 May 2011, the rules
about cookies on websites changed. To find out more about cookies on
“Company” SMARTWINNERS Registered Office is at 64 New Cavendish
Street,London,W1G 8TB. Our main trading address is 13 Freeland
Park,Wareham Road,Poole,Dorset,BH16 6FH,UK.
“Our, us, we” mean
lottery online www.smart-winners.com or SMARTWINNERS, and/or any subsidiary company or
domain name used on this Website that is owned and/or operated by the
“Gold, Give it a go” means one or more of a Syndicate of that name entering specified Games as set out on the Website from time to time.
“Gold” means one or more of a Syndicate of that name entering specified Games as set out on the Website from time to time.
“Silver” means one or more of a Syndicate of that name entering specified Games as set out on the Website from time to time.
“Bronze” means one or more of a Syndicate of that name entering specified Games as set out on the Website from time to time.
“Full Registration” means the
process of successfully registering and being accepted as a Player by
providing your name, address, email address, mobile telephone number and
date of birth together with such other information as our online
registration form may require from time to time.
“Game” means the various draws or
other games of chance entered by being a Member of our Bronze, Silver or
Gold packages, or any other games including free to enter promotional
games, we may choose to offer from time to time whatever the name, title
or any other such means of identification, and which may have unless
specifically stated, variations in the numbers of syndicate members.
“ID Information” means information
used to establish the identity of a Player, which includes, but is not
limited to, inspection of the Player's passport, drivers licence and
“Maintenance fee” means a fee of
£5.00 per quarter charged by the Company for the maintenance of a
“Dormant account”, the fee being chargeable against any funds in a
members account. The first charge being payable three months after the
account becomes dormant. In the event that no funds are available in a
members account, no charge will be made, but after a period of six
months the account may be closed.
“Marketing promotions” means the
Company’s right to market by any means available to it, to any of its
members, any promotional marketing material from any related source,
associated companies and sponsors, including the Smart
“Member” means a Player who has
paid the Membership Fee and been accepted by us for membership of a
Syndicate and whose Account has not been terminated or suspended by us.
“Membership Fee” the monthly
payment required to be a Member and to join and continue to be in a
Syndicate and if you are in more than one Syndicate the collective
monthly payments for each of the Syndicates you are in.
“Mobile” means a mobile phone that
is capable of sending and receiving Short Messages, which is registered
on one of the Mobile Networks.
“Mobile Network” means any UK mobile phone network that is capable of delivering Short Messages.
“Mobile Number” means the mobile phone number of a Player that is held on our system as provided in the process of full registration.
“Mobile Play” means a transaction which is made by a Player or Member by sending a Short Message containing a Mobile Request via a Mobile.
“Mobile Request” means a Player's request to be entered into a Syndicate contained in a Short Message.
“Passwords and account security”
means you agree and understand that you are responsible for maintaining
the confidentiality of passwords associated with any account you use to
access the Services. You agree that you will be solely responsible to us
for all activities that occur under your account. If you become aware
of any unauthorized use of your password or of your account, you agree
to notify the Company immediately.
“Player” means a person legally
eligible to participate in a Game, who has successfully completed Full
Registration and who's Account has not been terminated, suspended by us
or become a dormant account.
“Short Message” means a message containing numerical or text characters or both, either sent or received using a Mobile.
“Short Message” means a Short Message sent to a Member by the Company Confirmation confirming that Members request to join a Syndicate.
“Syndicate” means a group of
Members, participating in a Game and specifically identified by a unique
identification number allocated by the Company to the Syndicate in
“Syndicate Manager” a representative of the Company who is a member of a Syndicate.
“Universal terms” means all Rules & Regulations and Terms and Conditions applicable to this website wherever stated.
“Winnings” means any monies won by a Syndicate in any Game.
“Possible billing descriptors” NETPAY14 or SMART WINNERS or ALW* smartwinner18557307788
lottery online “Website” means
We do not promote a lottery and are not lottery promoters.
We are not a gambling or gaming Company, nor do we sell lottery tickets.
We are not nor need to be regulated by the
Financial Services Authority a Syndicate does not amount to joining a
collective investment scheme.
There is no guarantee of receiving any Winnings and
we in no way guarantee you any return on your Membership Fee when you
Join a Syndicate and play any Game through the Website.
We reserve the right to provide any other type of
alternative legally licensed lottery draw, other than those specifically
referred to in these terms and conditions.
Once accepted as a Player you may apply to become a
Member by selecting a Game and applying to join a Syndicate. You can
become a Player by completing Full Registration.
Membership entitles you to the right to an equal
share in any Winnings of a Syndicate of which you are a member, for the
period you remain a Member.
Your application for Membership constitutes an offer
to us and is subject to acceptance by us. Becoming a Member is
dependent upon receipt by us, of your Membership Fee in cleared funds
and satisfaction that you meet the requirements for membership as set
out on the Website from time to time. But we reserve the right to reject
any application at our discretion without giving any reason for same.
If your application to become a Member is accepted, a
confirmation of your membership will be sent to you together with
details of your Syndicate, by e-mail to the email address you have
Membership status can be cancelled at any time by
giving not less than 28 days notice in writing at the contact us address
shown on the Website or by email to firstname.lastname@example.org. we will
then notify you of the date you will cease to be a Member.
During the notice period you will be eligible to
participate in the Syndicate but no further Membership Fees will be
payable or accepted by us. If you are paying your Membership Fee on an
ongoing subscription basis and wish to cancel your Membership please see
the section on “Subscription Payments” below.
After the date you cease to be a Member you shall
not be entitled to any Winnings whatsoever in relation to any Syndicate.
You can reapply to be a Member at any time in accordance with the terms
and conditions but there is no guarantee that you would be given
You do not have to cease to be a Member to leave a
Syndicate provided you are joining an alternate Syndicate playing the
same or a different Game. Please see the section on “Management of
We reserve the right to refuse, membership to an
applicant belonging to certain countries or jurisdictions from time to
The Membership Fee is a charge for the provision of a
management service of each Syndicate and is not for the purchase of
lottery tickets in any Game.
Membership Fee has to be paid by you, for a
Syndicate playing the game you wish to join, in cleared funds, on or
before the monthly subscription date as set out on the Website.
The Membership Fee for any Syndicate can be changed
with the 14 days prior written notice to such change. Written notice can
be by an e-mail,or by a notification on the Website.
Membership Fee must be paid by credit or debit card,
international money order, bankers draft or UK bank or building society
cheque. We may accept other payment methods from time to time at our
If a Member gives debit card details relating to a
bank (or building society) account held jointly with another person,
they accept that Winnings won by that Member may be paid into such joint
You must ensure that you comply with all laws and
regulations in any jurisdiction where you are located or resident and
that you have unrestricted right of using this website, to register as a
player, member and to join a syndicate.
You must register as a Player and obtain an Account
before becoming a Member. To become a Member you must choose a Game, pay
the Membership Fee and join a Syndicate. You can register to have an
Account as a Player at any time without obligation to pay a Membership
Fee, to do so you must complete the Full Registration process.
A secure password, knowledge of which is with you
only, would be requested from you at the time of full registration. Any
failure to keep password private could lead to unauthorised activities
from your account.
Your registration as a player implies that you agree
to be solely responsible for use of this website or any game played
through your account and that you abide by the rules of those games ,
which may be changed time to time.
Any transactions made through your account and
password implies that, you are logged on and playing any game. We accept
no liability for any monies or information lost, changed or misused, if
a third party has accessed your account.
We reserve the right to ask for proof of age and ID
Information to verify your identity at any time and may carry out spot
checks on our Players and Members.
We reserve the right to conduct checks against any
of the details provided to us including proof of residence. Failure to
provide substantiated proof of age or other requested ID Information
will result in the suspension of your Account.
Any monies or Winnings due or requested during this
time will be withheld by us until the requested ID Information is
We shall not be obliged to provide you with any
reasons, if we refuse to register you and/or to suspend and/or terminate
your account at any time at our sole discretion.
We reserve the right to suspend any payment of
monies from or into your Account or to you if there is manipulation of
our financial system or reasonable suspicion, or evidence, of a breach
or suspected breach of any applicable law, regulation, or a breach by
you of the various terms and conditions which govern your use of the
Website, playing any Game and/or being a Member of a Syndicate.
In an event of no use of account for a period of 28
days, it shall become dormant and not capable of making payments of
Membership Fees or of joining a Syndicate. A Player must request in
writing at the contact us address shown on the Website or by email to
that their account needs to be reactivated.
Right to Cancel
Management of a Syndicate and the purchase of any
tickets for a Game a Syndicate is playing is an ongoing process. The
process of managing the participation in the Syndicate starts
immediately the moment Player pays the Membership Fee. Therefore you are
unable to cancel your membership for the month in which you have paid
the first Management Fee. By agreeing to these terms and conditions you
accept that your right to cancel your Membership under the Consumer
Protection (Distance Selling) Regulations 2000 shall not apply.
We do have a refund policy in respect to periods
falling after the first month of being a Member, please see the section
on “Subscription Payments” below.
You will cease to be a Member, if you are not part
of a Syndicate but you will remain a Player (provided you continue to
access Your Account) and may, subject to these terms and conditions,
apply to become a Member again.
Payment For Subscription
Membership Fee can be paid one month in advance by a
member registering to join a Syndicate (if the option is available).
Such a Member will then participate in that Syndicate on an ongoing
basis until such time as the amount of Membership Fee paid is exhausted
(at which time a Member may continue to be a Member of a Syndicate by
paying the Membership Fee again) or until the Member gives notice of
their wish to leave that Syndicate by giving 28 days notice in writing
by e-mail to email@example.com or by writing to us at the
“contact us” address shown on the Website. We would confirm the date
your membership of that Syndicate ceases and any Membership Fee paid for
that Syndicate for a month that falls after the cancelation date shall
be refunded. This will not affect your membership of any other
A Member may in registering to join a Syndicate can
choose to have their credit or debit card charged on an ongoing monthly
basis, such a Member will then participate in that Syndicate on an
ongoing basis until such time as the Member gives notice of their wish
to leave that Syndicate by giving 28 days prior notice in writing an
e-mail to firstname.lastname@example.org or by writing to us at the contact
us address shown on the Website. We will then confirm the date your
membership of that Syndicate ceases and no further payments in respect
to that Syndicate will be taken for any month after that date. This will
not affect your membership of any other Syndicates.
By choosing to pay the Membership Fee on an ongoing
monthly basis the Member agrees in advance to all debits from his credit
or debit card as required for the Syndicate a Member is in, including
circumstances where the Membership Fee for any Syndicate changes after
the first monthly Membership Fee is paid. we reserve the right to
immediately suspend and or terminate your status as a Member without any
liability to you whatsoever for Winnings or otherwise, if payment of
the Membership Fee is not made on the due date for any reason (including
but not limited to credit card or debit payment card failure), without
limiting any other rights we may have.
Management of Syndicates
Each Syndicate will have certain number of members
together with a Syndicate Manager appointed by the Company who shall
form part of the Syndicate.
Draw numbers applicable to your Syndicate would be
provided on the log in page of your Account which you will be able to
access using the user name and password which you have supplied to us.
If you for any reason do not like the draw numbers
applicable in your Syndicate you may request that you be moved to an
alternate Syndicate playing the same Game by writing to us by e-mail to
or by writing to us at the contact us address shown
on the Website. We offer this facility prior to any draw taking place in
a Syndicate that you have joined. We do not guarantee you will be moved
to any specific Syndicate, only that it will be a different Syndicate
from the one you joined and it will be playing the same Game.
The Syndicate Manager will be responsible, on behalf of the Company, for:
Ensuring equal amount of Membership Fees paid by all
Members of a Syndicate in each month they participate, with the
exception of any entries maintained by the Company in order to
constitute a proper Syndicate.
The advanced purchase of tickets for each Game that
the Syndicate enters which shall be acquired in the Syndicate Manager’s
name or other representative of the Company. For the avoidance of doubt
no tickets are purchased in the name of, or on behalf of, a Member.
Ensuring that any Winnings are divided equally between the Members of a Syndicate.
In the event of a big win that the identity of the
Members of a Syndicate that have opted for “no publicity” will be kept
private to the extent possible.
Maintaining historic details of a Members “active membership” record.
Reasonable measures are taken to ensure that each
Syndicate has different lottery numbers from other Syndicates but this
cannot be guaranteed. Duplication can and may occur in certain
circumstances and the Company accepts no responsibility whatsoever for a
dilution for perceived Winnings, or otherwise, in this event.
We reserve the right to merge Syndicates under
certain unexpected circumstances such as where two or more Syndicates
have less than the required number of Members. The right to alter the
number of Members required to be in any Syndicate is reserved by us at
our discretion and without notice.
A Member may join, simultaneously, up to six
different Syndicates, (for the same Game or a different Game subject to
availability). Your log in details and password would be asked every
time you access other syndicate.
Winnings will be evenly distributed to Members of a
Syndicate which has won a Game as soon as possible after receipt of
cleared funds from the UK National Lottery, EuroMillions Lottery
operator, UK National Savings and Investments Premium Bond draw, and/or
any other legally licensed and constituted lottery operator throughout
the world which we may choose to use from time to time. Winnings of over
£50,000 may take longer to process and distribute as the method of
claiming prizes at or above this level is more involved than for lesser
Winnings and will require proof of age and identity of the Syndicate
Manager or other Company representative.
Distribution of Winnings to a Member of up to £250
will be by Postal Order or Cheque and for amounts above £250 by a UK
Sterling Cheque, or credited to a Credit or Debit Card in your name used
to open your Account or to an account that has or is used to make
Membership Fee payments to the Company.
If an alternative method of payment for their
percentage of any Winnings is requested by a member, it will be at the
discretion of the Company whether or not to comply with such a request,
considering the appropriate financial rules and regulations that may
apply in such circumstances. In an event of choosing an alternative
method of payment, an administration charge would apply and deducted
from the members share of any winnings before payment.
For certain countries or jurisdictions we reserve
the right to refuse a request to transfer funds as we may dictate from
time to time.
All Winnings are subject to there being a minimum
amount due to a syndicate member of £20, unless the member requests a
payment to be made at the time of closing their account.
Additional Games can be offered time to time for
inclusion in a Syndicate, or offer a separate game that can be played by
a Member and/or a Player as a standalone entry. In either case an
additional charge may be made for entry into the game or Game or at the
Company's discretion be a free or bonus game. The rules which apply to
such a game shall be published on the Website at the time such is
“Free Draws” if advertised to members of the general
public means that any member of the general public over the age of 18
years of age, may participate in a “free draw” without having to make
any form of purchase. Those members of the general public may avail
themselves of this facility by writing to the Company at 13 Freeland
Park,Wareham Road,Poole,Dorset,BH16 6FH,UK or by E-mail to
Licence (Subject to Restrictions on Use)
A personal, worldwide, non-exclusive, royalty-free,
non-assignable and non-transferable licence to use the software for the
Games (the ‘Software’) is granted, strictly for the participation only
in games in accordance with these terms and the rules of the Games. You
may use the Software on any computer to which you have user rights,
provided always that you comply with these terms and the rules of each
Except to the extent that certain activities cannot
be prevented pursuant to the Copyright, Designs and Patents Act 1988,
you may not reverse engineer, decompile, disassemble, modify, translate
or make any attempt to discover the source code of the Software or any
material on our site or used for any of the Games. You may not
sub-license, nor assign or transfer this licence, nor rent, lease,
licence or sub-license the software or any part of it or any of the
Games or any part of them.
Any downloading, use or copying of Website is
strictly prohibited and, in particular, you agree to use the Website
solely for your own personal, non-commercial use and not for any
business, commercial or public purpose.
Express prior written permission of SmartWinners
is required for the following activities, which are otherwise
the re-use and/or aggregation of any of the Website Materials in the provision of a commercial service
the deployment within this website of any spider, robot, web crawler or other automated query program;
the copying and use of third party Website
applicable to the third party site which you have accessed.
Content in the provision of Services
The data files, written text, computer software,
music, audio files or other sounds, photographs, videos or other images
which you may have access to as part of, or through your use of, the
services are the sole responsibility of the person from which such
content originated. All such information is referred to below as the
Intellectual property rights may protect content
presented to you as part of the Services, including but not limited to
advertisements in the Services and sponsored Content within the
Services, which are owned by the sponsors or advertisers who provide
that Content to SMARTWINNERS (or by other persons or companies on their
behalf). You cannot modify, rent, lease, loan, sell, distribute or
create derivative works based on this Content (either in whole or in
part) unless you have been specifically told that you may do so by
SMARTWINNERS or by the owners of that Content, in a separate agreement.
Copyright and other rights are retained in you for
the content which you submit, post or display on or through, the
The Smart Limited and SMARTWINNERS you give a perpetual, irrevocable, worldwide,
royalty-free, and non-exclusive license to reproduce, adapt, modify,
translate, publish, and distribute any Content which you submit, post or
display on or through, the Services. This license is for the sole
purpose of enabling SMARTWINNERS to display, distribute and promote the
Services to and through other connected companies with whom we have a
You agree that this license includes a right for
SMARTWINNERS to make such Content available to other companies,
organizations or individuals with whom SMARTWINNERS has relationships
for the provision of syndicated services, and to use such Content in
connection with the provision of those services.
EuroMillions is the trademark of Services aux
Loteries en Europe. The National Lottery and Lotto are trademarks of the
National-Lottery, operated by Camelot Group Plc. Premium Bonds are the
trademark of National Savings and Investments. The Company is not
connected with Camelot Group PLC, The National Lottery or Services aux
Loteries en Europe operators of the EuroMillions Lottery, Premium Bonds
or any other lottery companies or betting facility providers.
The Company is an entirely independent operation and
any resemblance to actual lottery companies or operators of draw based
games is purely coincidental. We are not connected to or approved by any
of the companies, organisations, or any other bodies that are related
to any Game that are used in any Syndicates.
The chance for the above relationship to change
exists, if the company chooses to apply to any of the above corporate
bodies to be either an affiliate or a retailer, or becomes associated in
any other way.
The Membership Data Base which SMARTWINNERS uses in
connection with this website is operated by the Smart Limited who reserves the right to use
content information to inform, advertise and promote other similar
products which are owned or operated by associated companies of
INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS
IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT
PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Company may also make improvements and/or
changes in the products described in this information at any time
without notice. Information on this website for certain purpose may be
incomplete, out of date or inaccurate and may contain technical
inaccuracies or typographical errors. Information may be changed or
updated without notice.
COMPANY IS NOT LIABLE IN ANY EVENT TO ANY PARTY FOR
ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE
OF THIS WEBSITE OR ON ANY OTHER HYPER-LINKED WEBSITE INCLUDING, WITHOUT
LIMITATION, ANY LOST WINNINGS, PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE,
EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS DISCLAIMER INCLUDES THE EVENT OF AN INCORRECT ACQUISITION
OF SYNDICATE NUMBERS OR LINE ENTRIES RESULTING IN A LOSS OF PRIZE MONEY
HOWSOEVER CAUSED INCLUDING HUMAN ERROR.
In the event of a failure of any of the company’s
back office systems or malfunction of the Website, which impacts upon a
Member and which has a material adverse effect on any Members ability to
participate in a or any Game, the Company shall, at its discretion,
Offer the affected Member a place in either the same
or another Syndicate, for a similar period of time to that period for
which the member was unable to participate in a Game.
Refund to the affected Member the sums paid by that Member in joining a Syndicate for the month in question.
Amendments to Terms & Conditions
The Company reserves the right, in its sole
discretion, to correct any errors or omissions in any part of the
Website. In addition, the company may change, suspend or discontinue any
aspect of the Website and/or a Game in its absolute discretion at any
time and for any reason without notice or liability.
The Player / Member should use proper skill and care
in the use of such information, including the checking of such
information against other sources where appropriate, and is wholly
responsible for any expenditure made based upon such information.
The Company may amend, modify or supplement all
terms and conditions on the Website at any time. Such amended, modified
or supplemented terms shall be automatically effective seven (7) days
after being posted on the Website. The foregoing shall not affect any
transactions which are in progress as of the date and time of such
amendment, modification or supplementing, which transactions shall
continue to be governed by the previous terms and conditions.
The Company shall not be liable for any delay or
failure in performance of any part of its obligations to the extent that
such delay or failure is caused by any cause beyond its reasonable
control including, without limitation, fire, flood, strikes, lock-outs,
hardware, software or telecommunications failure or any government
The Company shall be entitled, without any liability
on its part, to alter, suspend or terminate any of its services on the
Website or otherwise to comply with any legal or regulatory
Mobile Phone Communications
No guarantee is given that a Mobile Request will be
received by the Company, or that a Short Message Confirmation will be
received by a Player or Member. If a Short Message Confirmation is not
received by a Player or Member that Player or Member is responsible for
accessing their Account on the Website and checking they have been
included in the Syndicate they wished.
Players and Members are responsible for providing
and maintaining their Mobile, for ensuring that their Mobile is secure
at all times, for ensuring its connection to the Mobile Network and for
ensuring it is properly maintained and is functioning correctly for
payment of all charges and fees charged by their Mobile Network operator
(including without limitation the cost of any Short Messages sent to
the Company and all other charges to which they may be subject).
Should any part of any terms and conditions on the
Website be found by any court or competent authority to be illegal, void
or unenforceable, then that part shall be deemed not to be a part of
the terms and conditions and the enforceability of the remainder of the
terms and conditions shall not be affected.
Choice of Law
The terms and conditions shall be governed by and construed in accordance with English law.
The Company, the Member and/or Player irrevocably
agree that the Courts of England shall have exclusive jurisdiction to
settle any dispute which may arise out of, under or in connection with
these terms and conditions, and for those purposes irrevocably submit
all disputes to the jurisdiction of the English Courts although we
retain the right to bring proceedings against you for breach of these
terms and conditions in your country of residence or any other relevant
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