TERMS OF USE OF THE SERVICES

TERMS OF USE OF THE SERVICES


1. INTRODUCTION: KEY DEFINITIONS AND WHAT MAKES UP YOUR TERMS OF USE


The following definitions are used in these terms and conditions:

“Access Device” means any electronic means of accessing the Services, including, but not limited to, computers, smartphone devices, feature phones, tablet devices, touch devices or any home entertainment system such as video games consoles and smart TVs (or by any other remote means);

“Bonus Terms” means any terms and conditions and/or rules with regard to promotions, bonuses and special offers which may apply to any part of the Services from time to time;

“Supervision institution” means the supervision institution in Curacao;

“General Terms” means the terms and conditions set out in this document;

“Privacy Policy” means the Operator’s privacy policy accessed via the Privacy Policy link, which is an unseparable part of these Terms and Conditions;

“Rules” means the Betting Rules and the Game Rules specifically applicable to the relevant type of betting and/or gaming, as identified in more detail in paragraph 1.3 and in Lottoday Game Rules;

“Services” means, as appropriate, the services offered for the time being by the Operator through the Website and/or via any Access Device application, that include online draw-based lottery game Lottoday, organized by decentralized, transparent and secure platform named Lucky Land;

“Terms of Use” means the General Terms, the Privacy Policy and where appropriate under paragraph 1.3, the relevant Lottoday Game Rules and Additional Terms applicable to the Services that are being used by You; and

“Website” means the website or any respective page, subpage, subdomain or section thereof from time to time, located at or accessible via the domain name: https://www.lottoday.io/

1.2 By using and/or visiting any section of the Website, or by opening an account with the Operator through the Website, You agree to be bound by the Terms of Use and You accordingly: (a) agree to the use of electronic communications in order to enter into contracts; and (b) waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable law; (c) agree, that in order to use our service you may be requested to provide us with certain personal information which shall be processed on the basis of our Privacy Policy.  The Terms of Use do not affect your statutory rights.

1.3 In addition, where You play any game, or place a bet using the Services, or otherwise use the Services, You agree to be bound by Rules of any game You play (“Game Rules”), as set out under the relevant general Help section and any Rules tabs, in respect of any new games, the rules applicable to such game; any Bonus Terms; any terms and conditions relating to withdrawals and any other terms applicable to the Services and/or which You are required to confirm Your agreement to as part of the Services.

1.4 The original text of the Terms of Use are in English and any interpretation of them will be based on the original English text. If the Terms of Use or any documents or notices related to them are translated into any other language, the original English version will prevail.

1.5 Please read the Terms of Use carefully before accepting them. Once You have accepted the Terms of Use, please print the Terms of Use and store them, along with all confirmation emails, additional terms, transaction data, game rules, fair deal rules and payment methods relevant to Your use of the Website. Please note that the Terms of Use are subject to change, as set out in paragraph 3 below.

1.6 If You do not agree to accept and be bound by the Terms of Use please do not use any of the Services. Your continued use of any of the Services will constitute acceptance of the Terms of Use which we have notified You are in force from time to time.

1.7 For the avoidance of doubt, each and all sections of the Website are governed by the Terms of Use, and You should ensure at all times that Your use of the Services is in accordance with the Terms of Use

GENERAL TERMS

  1. 2. CONTRACTING PARTIES

2.1 The Terms of Use shall be agreed between You and the Operator.
All information on the Website is provided by the provider of services on the Website, (hereinafter https://www.lottoday.io/), is a company operating incorporated under the laws of Curacao, Netherlands Antilles and operators its regulated activities in terms of given License as Operator in these Terms and Conditions is referred to as Lottoday, https://www.lottoday.io/, “We”, “Us”, “Our”, “Management”, “Site” or “Company” that you enter contract with. The Player shall be referred to as “You”, “Yours”, “Customer” or “The Player”.


  1. 3. CHANGES TO THE TERMS OF USE

3.1 We may need to change the Terms of Use from time to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. The most up-to-date Terms of Use can be accessed from the Terms and Conditions  link in the footer section of the Website.

3.2 Where we wish to make substantial changes to the Terms of Use, we will give You as much prior notice of such changes as is reasonably practicable via one of the methods set out in paragraph 3.3. For minor or insubstantial changes, we may not give You any notice of such changes, so You are advised to review the Terms of Use through the Terms and Conditions link on the Website on a regular basis.

3.3 Where we make changes to the Terms of Use which we wish to notify You of, we will do so by such method of notification as we may, in our discretion, deem appropriate.


  1. 4. USE OF SERVICES

4.1 In order to place a bet or play a game using the Services, You may be required to open an account with the Operator (“Your Account” or “Account“).

4.2 If we request from you to open Your Account for use with the Services, You can:

4.2.1 click on Join Now on the Website and follow the on-screen instructions; or

4.2.2 open by such other Account opening method as shall, from time to time be offered by the Operator;

4.3 When You use our Services You may be asked to provide us with personal information, including Your name and date of birth and appropriate contact details, including an address, telephone number and e-mail address (“Your Contact Details“). You may update Your Contact Details from time to time by contacting Customer Services; or by such other method as shall, from time to time, be offered by the Operator.

4.4 With the use of our Services, placing any bet or playing any game, You warrant that:

4.4.1 You understand and accept the risk that, by using the Services, You may, as well as winning money, lose money;

4.4.2 You are: (a) over 18 years of age; and (b) above the age at which playing virtual games or gaming activities are legal under the law or jurisdiction that applies to You (the “Relevant Age“);

4.4.3 playing virtual games is not illegal in the territory where You reside;

4.4.4 You are legally able to enter into contracts;

4.4.5 You have not been excluded from playing virtual games; and

4.4.6 You have not already had an Account closed by us for any reason.

  1. 5. VERIFICATION OF YOUR IDENTITY; ANTI-MONEY LAUNDERING REQUIREMENTS

5.1 We reserves the right, at any time, to ask for any KYC documentation We deems necessary to determine the identity and location of the user or You. We reserve the right to restrict the Service in any way we deem necessary until identity is sufficiently determined, or for any other reason in our sole discretion. We also reserves the right to disclose your information as appropriate to comply with legal process or as otherwise permitted by the privacy policy, and by using the Service, You acknowledge and consent to the possibility of such disclosure. 

5.2 By agreeing to the Terms of Use You authorise us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies). You agree that from time to time, upon our, You may be required to provide additional details in respect of any of such information You have provided us, including in relation to any deposits which You have made in using our Services.

5.3 In certain circumstances we may have to contact You and ask You to provide further information to us directly in order to complete the Checks. For this purpose, we will be entitled, at our sole discretion, to require that You provide us with a notarised ID or any equivalent certified ID according to the applicable law of Your jurisdiction or otherwise, proof of address, utility bills, bank details, bank statements and bank references and any documentation that validates your source of funds. Until such information has been supplied to our satisfaction we may prevent any activity to be undertaken by You in relation to the Account or we may, where we reasonably believe that deliberately incorrect information has been provided by You, keep any amount deposited on the Account following the closure of the Account by us.

5.4 Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

  • You are over 18 or such other legal age of majority as determined by any laws which are applicable to you, whichever age is greater;

  • You have full capacity to enter into a legally binding agreement with us and you are not restricted by any form of limited legal capacity;

  • You are not diagnosed or classified as a compulsive or problem player;

  • You are accessing our Services from a jurisdiction in which it is legal to do so;

  • You will not use our services while located in any jurisdiction that prohibits the placing and/or accepting of bets online and/or playing casino and/or live games;

  • You are not currently self-excluded from any playing virtual games site or playing virtual games premises. You will inform us immediately if you enter into a self-exclusion agreement with any playing virtual games provider.

  • Your use of the Service is at your sole option, discretion and risk;

  • You participate in the Services strictly in your personal and non-professional capacity and participate for recreational and entertainment purposes only;

  • You participate in the Services on your own behalf and not on the behalf of any other person;

  • You are solely responsible for reporting and accounting for any taxes applicable to you under relevant laws for any winnings that you receive using our Services;

  • You are solely responsible for any applicable taxes which may be payable on cryptocurrency or other form of game money awarded to you through your using the Service;

  • There is a risk of losing cryptocurrency when using the Service and that We have no responsibility to you for any such loss;

  • In relation to deposits of cryptocurrency funds, you shall only use crypto that is valid and lawfully belongs to you;

  • You accept and acknowledge that the value of cryptocurrency can change dramatically depending on the market value;

  • You accept and acknowledge that we reserve the right to detect and prevent the use of prohibited techniques, including but not limited to fraudulent transaction detection, automated registration and signup, gameplay and screen capture techniques. These steps may include, but are not limited to, examination of Players device properties, detection of geo-location and IP masking, transactions and blockchain analysis;

  • The telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of us, and We shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;

  1. 6. RESTRICTED REGIONS

6.1 For legal reasons when travelling abroad you may not be able to access your account.

We are unable to accept accounts or offer any of our products or services to clients resident in the following countries:

USA; 

France; 

The Netherlands; 

The Dutch Caribbean Islands; 

Curaçao; 

Aruba; 

Bonaire; 

St. Maarten; 

Slovenia;

St Eustatia and 

Saba.


  1. 7. USERNAME, PASSWORD, PIN and CUSTOMER INFORMATION

7.1 You must take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your information when using our Services to anyone else, including (where practicable) ensuring that up-to-date security software is downloaded onto Your Access Device.

7.2 All transactions made where Your information have been entered correctly will be regarded as valid, whether or not authorized by You, and we shall not be liable for any claims in the event that You disclose Your address, password or other information to anyone else (whether deliberately or accidentally).


  1. 8. LOTTODAY GAME RULES

8.1 Lottoday is an online draw-based lottery game organized by decentralized, transparent and secure platform.  Lottoday game rules and rules regarding participating in our Services are described in the “LOTTODAY GAME RULES”, available on https://www.lottoday.io/

8.2 We reserve the right to change the rules of the Game and thus our Services at any time, in particular to suspend, recall, stop or restrict the game if we find or suspect that the game has been misused for illegal purposes, for money laundering or terrorist financing, in case of misuse of the game acts, abuse of minors or other similar reasons.


  1. 9. REFERRAL SYSTEM

9.1. Our Services may include a direct marketing sale system or Referral System, which can be implemented in the Game or available through business partners. We reserve the right to remove, add or change any referral bonus that is available in the account of any Customer and has not been claimed. Any claimed and active bonus will not be removed under regular circumstances.

9.2. We reserve the right to change the the Referral System and thus our Services at any time, in particular if we find or suspect that the Referral System has been misused, taken advantage of, used for illegal purposes, for money laundering or terrorist financing, abuse of minors or other similar reasons. 

9.3. At any time We may impose various restrictions to different countries where Customers may reside regarding Referral System bonuses for reasons undisclosed. We further reserve the right to offer specific bonuses to individual customers or customer groups and their termination, change or other alteration without explanation and/or compensations in any form.


  1. 10. LEGAL USE OF THE WEBSITE

10.1 Access to or use of the Website or any of the Services via the Website may not be legal for some or all residents of or persons in certain countries. We do not intend that the Website should be used for betting, gaming or any other purposes by persons in countries in which such activities are illegal, which includes the United States of America and those territories listed in the Website. THE FACT THAT THE WEBSITE IS ACCESSIBLE IN ANY SUCH COUNTRY, OR APPEARS IN THE OFFICIAL LANGUAGE OF ANY SUCH COUNTRY SHALL NOT BE CONSTRUED AS A REPRESENTATION OR WARRANTY WITH RESPECT TO THE LEGALITY OR OTHERWISE OF THE ACCESS TO AND USE OF THE WEBSITE, AND THE MAKING OF DEPOSITS OR RECEIPT OF ANY WINNINGS FROM YOUR ACCOUNT. The AVAILABILITY OF THE WEBSITE DOES NOT CONSTITUTE AN OFFER, SOLICITATION OR INVITATION BY US FOR THE USE OF OR SUBSCRIPTION TO BETTING, GAMING OR OTHER SERVICES IN ANY JURISDICTION IN WHICH SUCH ACTIVITIES ARE PROHIBITED BY LAW.

10.2 IT IS YOUR RESPONSIBILITY TO DETERMINE THE LAW THAT APPLIES IN THE LOCATION IN WHICH YOU ARE PRESENT. YOU SHOULD ENSURE THAT YOU WILL BE ACTING LEGALLY IN YOUR JURISDICTION IN OPENING YOUR ACCOUNT AND/OR USING THE WEBSITE AND YOU REPRESENT, WARRANT AND AGREE THAT YOU WILL DO SO.

  1. 11. PLACING YOUR BET AND/OR GAMING USING THE SERVICES

11.1 In order to place a bet or access a Service you should follow the instructions provided at the respective section of the Website.

11.2 It is Your responsibility to ensure that the details of any bet, stake or similar transaction that you place using the Services (a “Transaction“) are correct when using the Website (either directly, through an application or otherwise) in accordance with the relevant Game Rules, as appropriate.

11.3 IT IS NOT POSSIBLE TO PARTICIPATE IN LOTTODAY GAME WITH FIAT MONEY DEPOSITS OR OTHER MEANS OF PAYMENT OTHER THAN USE OF USDT OR ULX (CRYPTO CURRENCY). USE OF OTHER FOR OF VRYPTO TOKENS WILL LEADS TO A TOTAL LOSS OF FOUNDS.

11.4 IT IS SOLELY YOUR RESPONSIBILITY TO CORRECTLY USE AND TRANSFER ANY FORM OF CRYPTO TOKENS WHEN USING THE LOTTODAY GAME. WE ARE NOT RESPONSIBLE FOR MISUSE, WRONG TRANSFER, INCORRECT ADDRESS OR OTHER FORM OF MISUSE OF CRYPTO ASSETS. YOU ARE FULLY AWARE THAT IMPROPER USE OF CRYPTO ASSETS CAN LEAD TO THE LOSS OF THE ENTIRE AMOUNT.

11.5 Once a Transaction has been made, You cannot cancel the transaction.

11.6 In respect of gaming, the relevant Game Rules shall set out the point at which no further stakes or bets will be accepted by the system.

11.7 We may cancel or amend a Transaction and stop all Services at any time due to Collusion, Cheating, Fraud and Criminal Activity, Errors or Omissions, as well because terms set out for Verification of Your Identity.


  1. 12. REMOTE GAMING OR BETTING

12.1 Where You are accessing the Services via an electronic form of communication You should be aware that:

12.1.1 in relation to Your use of the Website for the placing of bets or playing of games:

12.1.1.1 You may be using a connection or equipment which is slower than such equipment used by others and this may affect Your performance in time critical events offered via the Website;

12.1.1.2 You may encounter system flaws, faults, errors or service interruption which will be dealt with in accordance with IT Failure as below;

12.1.1.3 the Game Rules for each event or game offered via the Website are available and should be considered by You prior to Your use of the Services offered via the Website.


  1. 13. COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY

13.1 The following practices (or any of them) in relation to the Services:

  • abuse of bonuses or other promotions; and/or

  • using unfair external factors or influences (commonly known as cheating); and/or

  • taking unfair advantage (as defined below);

  • opening any Duplicate Accounts; and/or

  • undertaking fraudulent practice or criminal activity (as defined below),

constitute “Prohibited Practices” and are not permitted and will constitute a material breach of the Terms of Use. We will take all reasonable steps to prevent and detect such practices and to identify the relevant players concerned if they do occur. Subject to the above, however, we will not be liable for any loss or damage which You may incur as a result of any Prohibited Practices, and any action we take in respect of the same will be at our sole discretion.

13.2 If You suspect a person is engaged in any Prohibited Practice, You shall as soon as reasonably practicable report it to us by e-mailing us or telephoning Customer Services.

13.3 You agree that You shall not participate in or be connected with any form of Prohibited Practice in connection with Your access to or use of the Services.

13.4 For the purposes of this paragraph:

13.4.1 “fraudulent practice” means any fraudulent activity engaged in by You or by any person acting on Your behalf or in collusion with You, and shall include, without limitation: (a) fraudulent charge-backs and rake-back activity; (b) the use by You or any other person who was participating in the same game as You at any time, of a stolen, cloned or otherwise unauthorised credit or debit card, as a source of funds; (c) the collusion by You with others in order to gain an unfair advantage (including through bonus schemes or similar incentives offered by us); (d) any attempt to register false or misleading account information; and (e) any actual or attempted act by You which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us any damage or harm;

13.4.2 “criminal activity” shall include, without limitation, money laundering and any offence under any law or regulation in Your country, where you are playing from or where your IP has been registered; and

13.4.3 “unfair advantage” shall include, without limitation:

13.4.3.1 the exploitation of a fault, loophole or error in our or any third party’s software used by You in connection with the Services (including in respect of any game);

13.4.3.2 the use of third party software or analysis systems; or

13.4.3.3 the exploitation by You, of an Error as defined below, in any case either to Your advantage and/or to the disadvantage of us or others.

13.5 In exercising any of our rights under paragraph 12.4 in relation to a Prohibited Practice, we shall use all reasonable endeavours to ensure that, while complying with our regulatory and other legal obligations, we exercise such rights in a manner which is fair to You and to our other customers.

13.6 We reserve the right to inform relevant authorities, other online gaming or operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of Your identity and of any suspected Prohibited Practice by You, and You shall cooperate fully with us to investigate any such activity.

  1. 14. TERMINATION OF THE TERMS OF USE

14.1 We are, at any time (and notwithstanding any other provisions contained in the Terms of Use), entitled to terminate the Terms of Use on written notice (or attempted notice) on our website.

14.7 Where we the Terms of Use pursuant to Collusion, Cheating, Fraud and Criminal Activity or Breach of the Terms of Use, all balances will be non-refundable and deemed to be forfeited by You to the extent of any claim that we may have against You as at the date of such closure (whether under Your Account, a Duplicate Account or otherwise). Closure of Your Account and Termination of the Terms of Use, other than pursuant to paragraphs 12 or 21 of these General Terms, will not affect any outstanding bets, provided that such outstanding bets are valid and You are not in breach of the Terms of Use in any way. For the avoidance of doubt, we will not credit any bonuses into Your Account, nor will You be entitled to any contingent winnings, at any time after the date on which it has been closed (whether by us pursuant to the Terms of Use, or in response to Your request).

14.8 The following paragraphs shall survive any termination of the Terms of Use: 20, 21, 22, 23, 24, 26, 27, 29, 30, 31, 32, 33 and 35 and any other paragraphs which are required for the purposes of interpretation; together with any relevant sections of the Game Rules, the Privacy Policy and the Additional Terms.


  1. 15. ACCESS TO, AND USE OF, THE SERVICES

15.1 You are solely responsible for the supply and maintenance of all of Your Access Devices and related equipment, networks, password information and internet access services that You need to use in order to access the Services. We will not be liable in any way whatsoever for any losses caused to You (whether resulting from loss of service, poor internet connectivity, insufficient bandwidth, low security, virus attack or otherwise) by the internet or any telecommunications service provider that You have engaged in order to access the Services. For the avoidance of doubt, the Operator does not make any representation or give any warranty as to the compatibility of the Services with any particular third party software or hardware, including (for the avoidance of doubt) third party analysis which promise certain results from any of the Services.

15.2 Under no circumstances should You use the Services for any purpose which is or is likely to be considered to be defamatory, abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature, or which could cause offence. You must not use any abusive or aggressive language or images, swear, threaten, harass or abuse any other person, including other users, via the Website, or attempt to pass Yourself off as being any other person, or behave in such a manner towards any Operator staff used to provide the Services, Customer Services, or any helpdesk or support function which we make available to You.

15.3 You shall use the Website for personal entertainment only and shall not be allowed to provide access or reproduce the Website or any part of it in any form whatsoever without our express consent, including creating links to it.

15.4 Any material (other than Software under paragraph 17) downloaded by You from the Website shall be downloaded entirely at Your own risk and the Operator shall not be liable in respect of any loss of data or other damage caused by any such download.

15.5 Where we have reason to believe that Your use of the Services is in breach of any of paragraphs 15.2, 15.3, 15.4 we shall, without prejudice to any of our other rights, be entitled forthwith to remove from the Website any offending content.

  1. 16. BETTING AND GAMING TERMS

16.1 Expressions used in the betting and gaming industry are numerous. Should You be in any doubt as to the meaning of any expression, You should:

16.1.1 look up its meaning in relating to the event or game You are betting or gaming on;

16.1.2 if You are still in any doubt, contact our customer support for clarification; and

16.1.3 not place any bet or game on any event until its meaning is understood to Your satisfaction,

because we cannot accept any responsibility if You place a bet or game via the products offered via the Services in circumstances where You do not understand any of the terms involved in or relating to the bet or game.


  1. 17. ALTERATION OF THE WEBSITE

We may, in our absolute discretion, alter or amend any product or service (including any prices offered) available through the Website at any time for the purpose of ensuring the ongoing provision of the Website, but without prejudice to any games and/or bets already in progress at the time of such amendment. From time to time, we may restrict You from accessing some parts of the Website for the purpose of maintenance of the Website and/or alteration or amendment of any of the games and/or products available through the Website.


  1. 18. THIRD PARTY SOFTWARE

18.1 In order to use the products offered through the Services, You may be required to download and install software supplied by third parties on to Your Access Device (“Software”). Software may include, but is not limited to: Access Device applications, our download Casino and Poker products and any promotional, marketing and/or facility applications, products and software.

18.2 In such circumstances, You may be required to enter into a separate agreement with the owner or licensor of such Software in respect of Your use of the same (a ” Third Party Software Agreement”). In case of any inconsistency between the Terms of Use and any Third Party Software Agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between You and the Operator.

18.3 It is Your responsibility to ensure that any Software is downloaded onto Your Access Device in a manner compatible with Your own Access Device’s specific set-up. For the avoidance of doubt, we shall not be liable to the extent that the incorrect downloading of any Software has an adverse effect on the operation of Your Access Device.

18.4 Notwithstanding that the Services provided via any Access Device application shall be subject to the Terms of Use, the terms under which any application (“App”) is downloaded or installed onto Your Access Device shall be governed by the agreement entered into between You and the supplier of the relevant App but, in case of any inconsistency between the Terms of Use and any such agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between You and the Operator.


  1. 19. IT FAILURE

Where problems occur in the software or hardware used by us to provide the Services we will take all reasonable steps to remedy the problem as soon as reasonably practicable. Where such problems cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to You or other players, we will take all reasonable steps to treat You in a fair manner (which may include reinstating the balance on Your Account to the position existing following completion of the last bet or game logged on the Operator’s server immediately prior to the occurrence of the problem).

  1. 20. ERRORS OR OMISSIONS

20.1 A number of circumstances may arise where a bet or wager is accepted, or a payment is made, by us in error. A non-exhaustive list of such circumstances is as follows:

20.1.1 where we mis-state any odds or terms of a bet or gaming wager to You as a result of obvious error or omission in inputting the information or setting up a market, or as a result of a computer malfunction;

20.1.2 where we have made a ‘palpable error’. A palpable error occurs where:

20.1.2.1 in relation to bets placed prior to an event taking place, the prices/terms offered are materially different from those available in the general market; or

20.1.2.2 in relation to any event, the price/terms offered at the time the bet is placed are clearly incorrect given the probability of the event occurring;

20.1.3 where we have continued to accept bets on a market which should have been suspended, including where the relevant event is in progress (except where ‘in-running’ bets are accepted) or had already finished (sometimes referred to as ‘late bets’);

20.1.4 where an error has been made as a result of a Prohibited Practice;

20.1.5 where we should not have accepted, or have the right to cancel or re-settle, a bet pursuant to the Betting Rules (for example due to ‘Related Contingencies’);

20.1.6 where an error is made by us as to the amount of winnings/returns that are paid to You, including as a result of a manual or computer input error; or

20.1.7 where an error has been made by us as to the amount of free bets and/or bonuses that are credited to Your Account,

such circumstances being referred to as an “Error”

20.2 We reserve the right to:

20.2.1 correct any Error made on a bet placed and re-settle the same at the correct price or terms which were available or should have been available through the Operator (absent the publishing error) at the time that the bet was placed and the bet will be deemed to have taken place on the terms which were usual for that bet; or

20.2.2 where it is not reasonably practicable to correct and re-settle under 20.2.1 above, to declare the bet void;

20.2.3 in circumstances where the Error has resulted from a Prohibited Practice, to take the steps set out in there Terms of Use.

20.3 Neither we (including our employees or agents) nor our partners or suppliers shall be liable for any loss, including loss of winnings, that results from any Error by us or an error by You.

20.4 You shall inform us as soon as reasonably practicable should You become aware of any Error.


  1. 21. EXCLUSION OF OUR LIABILITY

21.1 Your access to and use of the Services is at Your sole option, discretion and risk. We shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by us.

21.2 We will provide the Services with reasonable skill and care and substantially as described in the Terms of Use. We do not make any other promises or warranties regarding the Services, or any products or services forming a part of the Services, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same (including implied warranties as to satisfactory quality and/or fitness for Your purpose). In particular, we do not warrant that the Website will have uninterrupted availability or that it will be free of bugs, viruses or other errors.

21.3 WE (INCLUDING OUR GROUP COMPANIES, PAYMENT PROCESSOR, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU, WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN RESPECT OF ANY:

21.3.1 LOSS OF DATA;

21.3.2 LOSS OF PROFITS;

21.3.3 LOSS OF REVENUE;

21.3.4 LOSS OF BUSINESS OPPORTUNITY;

21.3.5 LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION;

21.3.6 BUSINESS INTERRUPTION; OR

21.3.7 ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, EVEN WHERE SUCH LOSS OR DAMAGE HAS BEEN NOTIFIED TO US AS BEING POSSIBLE, ARISING OUT OF THE TERMS OF USE OR ANY USE WHATSOEVER BY YOU OF THE SERVICES.


  1. 22. BREACH OF THE TERMS OF USE

22.1 You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise, whether or not reasonably foreseeable, as a result of or in connection with:

22.1.1 the access to and use of the Services by You or by anyone else using Your username and password; and/or

22.1.2 any breach by You of any of the terms and provisions of the Terms of Use.

22.2 Where You are in breach of the Terms of Use, we may at our sole discretion, prior to any suspension or termination of Your Account, notify You (using Your Contact Details) that You are in breach, requiring You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on Your part and warning You of our intended action if You do not do so, provided always that such notification shall not be a pre-condition to any suspension or termination of Your Account.

22.3 We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of the Terms of Use.

22.4 In addition to any other remedy available, if You breach any of the Terms of Use we shall be entitled to recover from Your Account any positive balance to the extent of any amount reasonably claimed against You pursuant to paragraph 21.1.

23. INTELLECTUAL PROPERTY RIGHTS

23.1 All website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material forming part of the Services are subject to copyright and other proprietary rights which are owned by us and GAMING HUB NFT owners under license terms set in these conditions. To the extent that any material comprised within the Services may be downloaded or printed then such material may be downloaded to a single device only (and hard copies may be printed) solely for Your own personal, non-commercial use.

23.2 Under no circumstances shall the use of the Services grant to You any interest in any intellectual property rights (for example copyright, know-how or trade marks) owned by us or by GAMING HUB NFT owners whatsoever, other than a personal, non-exclusive, non-sub-licensable licence to use such intellectual property rights in connection with Your personal, non-commercial use of the Services pursuant to the Terms of Use.

23.3 No rights whatsoever are granted to use or reproduce any trade marks or logos which appear on the Website except as specifically permitted in accordance with the Terms of Use.

23.4 You must not, nor must You allow any other person to copy, store, publish, rent, licence, sell, distribute, alter, add to, delete, remove or tamper with the Website or any part of it in any way or directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter the Website, other than in the course of viewing or using the Website in accordance with the Terms of Use.

23.5 All intellectual property rights in the program code, name, the logos, designs, trade marks and other distinctive brand features of the Operator and any content provided by the Operator or any third party for inclusion on the Website vest in the Operator or the applicable third party. You agree not to display or use such logos, designs, trade marks and other distinctive brand features in any manner without our prior written consent.

23.6 If you hold the GAMING HUB NFT you own certain amount of “Revenue share points”. Those points represent your coownership of intellectual rights on https://www.lottoday.io/  program code and with this the right to receive proportion of the license fee from the revenue share pool. Gaming Hub NFT is an innovative way of NFT utilization, that offers its holders a chance to share the ownership of the software intellectual rights of Lottoday. Since the NFT owners share the IP rights on the Lottoday software, they are entitled to revenue on ticket sales on the Lottoday platform. With every ticket sale, 10% of the revenue will be shared with Gaming Hub NFT holders proportionally to their total revenue share points allocation. By holding GAMING HUB NFT, you acquire an exclusive material right to receive license fee payments, you do not acquire any other material or immaterial rights on the Lottoday know how. 


  1. 24. VIRUSES, HACKING AND OTHER OFFENCES

24.1 You shall not:

24.1.1 corrupt the Website;

24.1.2 attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website;

24.1.3 flood the Website with information, multiple submissions or “spam”;

24.1.4 knowingly or negligently use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propagating viruses, worms, trojans, logic bombs or similar material that is malicious or harmful;

24.1.5 interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website;

24.1.6 attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any suspected breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.

24.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your Access Device and related equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on such Website, or on any website linked to the Website.

24.3 Website is free from malicious software.


  1. 25. YOUR PERSONAL INFORMATION

25.1 All information on You held by us is securely data warehoused and remains confidential except where otherwise stated in the Terms of Use (including, for the avoidance of doubt, the Privacy Policy).

25.2 We are required by law to comply with data protection requirements in the way in which we use any personal information collected from You in Your use of the Services. We therefore take very seriously our obligations in relation to the way in which we use Your personal information.

25.3 Prior to Your use of and when You use the Services it will be necessary for us to collect certain information about You, including Your name and date of birth, Your Contact Details, and may also include information about Your marketing preferences (all of which shall be known as “Your Personal Information“).

25.4 By providing us with Your Personal Information, You consent to our processing Your Personal Information, including any of the same which is particularly sensitive:

25.4.1 for the purposes set out in the Terms of Use (including the Privacy Policy); and

25.4.2 for other purposes where we (including Payment Processor) need to process Your Personal Information for the purposes of operating the Services,

including by sharing it with our service providers, employees and agents for these purposes, for example to our providers of postal services, marketing services and Customer Services agents. We may also disclose Your Personal Information in order to comply with a legal or regulatory obligation.

25.5 We may retain copies of any communications that You send to us (including copies of any emails) in order to maintain accurate records of the information that we have received from You.


  1. 26. USE OF ‘COOKIES’ ON THE WEBSITE

26.1 The Website may use ‘cookies’ to track Your use of the internet and to assist the functionality of the Website. A cookie is a small file of text which is downloaded onto Your Access Device when You access the Website and it allows us to recognize when You come back to the Website. We use or shall use cookies for the operation of the Website, including (for example) to allow You to remain logged in as You browse between, and use Your Account to bet on or play games on, different parts of the Website. We also use cookies for our own analytical purposes so that we can identify where customers have encountered technical problems on the Website, and therefore help us improve our customers’ experience.

26.2 If You object to cookies or want to delete any cookies that are already stored on Your Access Device, we recommend that You follow the instructions for deleting existing cookies and disabling future cookies on Your file management and internet browsing software. Further information on deleting or controlling cookies is available within our Privacy Policy. Please note that by deleting our cookies or disabling future cookies You may not be able to access certain areas or features of the Website.

  1. 27. COMPLAINTS AND NOTICES

27.1 No claim or dispute with regard to:

27.1.1 the acceptance or settlement of a bet which You have made using the Services will be considered more than thirty days after the date of the original transaction; and

27.1.2 a game which You have played using the Services will be considered more than twelve weeks after the date on which the relevant transaction or game play took place.

27.2 Should You wish to make a complaint regarding the Services, as a first step You should, as soon as reasonably practicable, contact customer support about Your complaint, which will be escalated as necessary within our Support team until resolution.

27.3 You acknowledge that Lottoday is an online draw-based lottery game organized by decentralized, transparent and secure platform named Lucky Land, our random winning generator powered by smart contracts will determine the outcome of the games played through the Services and You accept the outcomes of all such games. 

27.4 When we wish to contact You, we may do so using any of Your Contact Details. Notices will be deemed to have been properly served and received by You immediately after an email is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail), 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; in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such email was sent.


  1. 28. TRANSFER OF RIGHTS AND OBLIGATIONS

28.1 We reserve the right to transfer, assign, sublicense or pledge the Terms of Use (an “assignment”), in whole or in part, to any person without notice to You, provided that any such assignment will be on the same terms or terms that are no less advantageous to You.

28.2 You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under the Terms of Use.


  1. 29. EVENTS OUTSIDE OUR CONTROL

29.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Use that is caused by events outside our reasonable control, including (without limitation) any telecommunications network failures, power failures, failures in third party computer (or other) equipment, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities (a “Force Majeure Event“).

29.2 Our performance 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 may be performed despite the Force Majeure Event.


  1. 30. WAIVER

29.1 If we fail to insist upon strict performance of any of Your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

30.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

30.3 No waiver by us of any of the provisions of the Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with paragraph 27 (Complaints and Notices) above.

  1. 31. SEVERABILITY

31.1 If any of the Terms of Use are determined by any 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.

31.2 In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the Operator’s original intent.


  1. 32. ENTIRE AGREEMENT

32.1 The Terms of Use and any document expressly referred to in them represent the entire agreement between You and us and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.

32.2 We each acknowledge that neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in the Terms of Use.

32.3 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms of Use.


  1. 33. THIRD PARTY RIGHTS

33.1 .Unless these Terms of Use expressly state otherwise a person who is not a party to these Terms of Use has no right to enforce any of the terms.  It is expressly forbidden for End Users to transfer any assets of value of any kind to a third party, including but not limited, it is forbidden to transfer ownership of account(s), winnings, deposits, bets, rights and/or claims in connection with these assets, legal, commercial or of any other character. Such prohibition includes, but is not limited to encumbrance, pledging, assigning, usufruct, trading, brokering, hypothecation and/or gifting either separately or in cooperation with a fiduciary or any other third party, company, natural or legal individual, foundation and/or association in any way or shape of form. 


34. LAW AND JURISDICTION

34.1 These Terms of Use shall (subject to paragraph 25.2) be governed by and interpreted in accordance with the laws of the Scotland, UK.


  1. 35. RESPONSIBLE GAMING

35.1 In case you are concerned about your playing practices there are a number of guidelines you may find useful:

35.1.1 try and establish limits for the amounts you want to wager or deposit.

35.1.2 consider how long you wish any wagering session to last before commencing and be sure to keep an eye on the clock.

35.1.3 try not to let playing virtual games interfere with your daily responsibilities.

35.1.3 Mind that playing virtual games is not advised if you are recovering for any form of dependency or if you are under the influence of alcohol or any other substance including some prescription medication.

35.2 You should always be aware, that playing virtual games is a form of recreation and should not be viewed as an alternative source of income or a way to recoup debt. Recognising that you may be developing a playing virtual games problem is the first step to regaining control.

35.3 Please bear in mind, that:

35.3.1 Playing virtual games should be entertaining and not seen as a way of making money

35.3.2 you should avoid chasing losses

35.3.3 Only play resources that you can afford to lose

35.3.4 Keep track of time and the amount you spend playing virtual games


36. LINKS

Where we provide hyperlinks to other websites, we do so for information purposes only. You use any such links at your own risk and we accept no responsibility for the content or use of such websites, or for the information contained on them. You may not link to this site, nor frame it without our express written permission.


37. CONTACTING US

The Operator can be contacted on the contact information published on https://www.lottoday.io/. Please note that all calls may be recorded for training and security purposes. If You are concerned about your playing virtual games practices there are a number of guidelines you may find useful:

  • Consider how long you wish any wagering session to last before commencing and be sure to keep an eye on the clock.

  • Try not to let playing virtual games interfere with your daily responsibilities.

  • Playing virtual games is not advised if you are recovering for any form of dependency or if you are under the influence of alcohol or any other substance including some prescription medication. We recommend that you consult your GP for more information.

  • Playing virtual games is a form of recreation and should not be viewed as an alternative source of income or a way to recoup debt.

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