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TattsOnline Terms & Conditions of use |
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 | The following terms and conditions apply to your use of the TattsOnline part (purchasing of lottery tickets online) of the Elgin Lotto & Tobacconist web site ("the web site") by Elgin Lotto & Tobacconist (Australian Business Number) ABN 34457465320 and any company member of its group, and its customers. Click here to view the general terms and conditions. Elgin Lotto & Tobacconist may change the content of its terms and conditions at any time without any prior notice to anyone. | 1T. DEFINITIONS
1T.1 In these terms and conditions unless the contrary intention appears:
"Account" means the Members account with us;
"Act" means the Gambling Regulation Act (Vic) 2003 as amended from time to time;
"Deadline" means the day and time of day after which offers to purchase Tickets will not be accepted;
"Inactive Account" means a Members Account which has not reflected a Ticket Purchase for a period of 365 days;
"Lotteries" means Public Lotteries conducted by Tattersall's pursuant to the Act;
"Lotteries Site" is the Elgin Lotto & Tobacconist Internet Site;
"Member" means a person who has been accepted by us as a Member following submission of an Application for Registration ;
"Notice" means a notice given in accordance with clause 4T.4 of these terms and conditions;
"Site" where the context requires means the Lotteries Site;
"Tattersall's" means Tattersall's Sweeps Pty Ltd ACN 081 925 662 of 615 St Kilda Road, Melbourne, Victoria, Australia;
"Tattersall's Rules" means rules made by Tattersall's for the conduct of Public Lotteries;
"Tickets" means an entry in a Lottery;
"Ticket Number" means the Elgin Lotto & Tobacconists Ticket Number issued by Elgin Lotto & Tobaconnist to confirm an offer to purchase a ticket has been accepted;
"us" and "we" means www.185elgin.com and www.tattsOnline.com Pty Ltd , Elgin Lotto & Tobacconist ABN 34457465320 on 185 Elgin Street Carlton, Melbourne, Victoria.
2T. INTRODUCTION
2T.1 We are a company incorporated in the State of Victoria, Australia. We operate the Lotteries Site as an accredited representative of Tattersall's.
2T.2 The laws governing the operations of Public Lotteries conducted by Tattersall's are contained in the Act.
2T.3 These terms and conditions govern all aspects of your transactions with us.
2T.4 In order to apply for Registration as a Member, you must read these Terms and Conditions carefully and if you fully understand and agree to all of them, check the Terms and Conditions checkbox at the bottom of the Registration page. You must also complete and submit online the Application for Registration.
2T.5 By checking this box you represent to us that you have read, understood and accept that you will be bound by these Terms and Conditions.
2T.6 Registration occurs when we accept your Application for Registration.
2T.7 Upon Registration, you will become a Member.
2T.8 Members may participate in and offer to purchase tickets, through us in Lotteries
2T.9 We strongly advise that you seek expert legal advice in the jurisdiction in which you are located should you require assistance with or explanation of any of these terms and conditions.
3T. WARNING, WARRANTY AND INDEMNITY
3T.1 The laws applicable in your place of residence may prohibit you from making purchasing tickets from us. Some jurisdictions have laws which entirely prohibit you from purchasing tickets from us, other jurisdictions have laws which prescribe minimum age requirements for purchasing tickets from us, and other jurisdictions have laws which operate in other ways to prohibit you from purchasing tickets from us.
3T.2 We do not wish to violate any such law nor to allow you to make Application for Registration or to purchasing tickets from us where your doing so would violate any such law. If you are a resident, of any jurisdiction where you are subject to any such law, you must not make an Application for Registration or purchasing tickets from us.
3T.3 When you make Application for Registration and each time you make an offer to purchase tickets from us, you warrant that you are legally entitled to;
(a) apply for Registration,
(b) deposit funds with us,
(c) purchase tickets and to receive winnings from us, and that all of the above will not in any way violate any applicable laws of your place of residence.
3T.4 We do not agree to:
(a) accept your Application for Registration, or
(b) to accept your deposit of funds, or
(c) to accept your offer to make Ticket Purchases, or
(d) to pay you any winnings
while you are prohibited by any such law from any such activity. We therefore rely upon your warranty set out in clause 6T and you indemnify us from any loss arising from those warranties being incorrect.
3T.5 When you make an Application for Registration you provide us with certain information. It is your ongoing responsibility to inform us of any changes in the information you have given us.
3T.6 We rely on this information being true and correct and not misleading. If the information is untrue, incorrect or misleading in any way, we may cancel your Registration or cancel and dishonour any ticket purchases by you or offers to purchase tickets from you, and we may retain (or recover from you) the value of those Tickets and any winnings paid to you and we may suspend and/or exclude you from being able to make any further purchases of Tickets.
3T.7 By making an Application for Registration, you authorise us to make such enquiries as we consider necessary in our discretion to verify the personal information provided by you.
4T. OUR AGREEMENT WITH YOU AND THE APPLICABLE LAW
4T.1 When you make an Application for Registration, you are making an offer to us in Victoria to enter into an agreement with you on these Terms and Conditions.
4T.2 If we accept your Application for Registration, we are accepting the offer you have made to us in Victoria. You are deemed to receive notification of that acceptance in Victoria and an agreement between you and us is formed in Victoria, based on these Terms and Conditions and governed by the laws of Victoria and subject to the jurisdiction of the courts of Victoria.
4T.3 Every time you offer to make a Ticket Purchase from us, you are doing so in Victoria pursuant to these Terms and Conditions and we are accepting that offer in Victoria.
4T.4 These Terms and Conditions and our agreement with you may be varied at any time in the following manner:
(a) We will give you a Notice setting out the variation and the date on which it will take effect;
(b) The Notice will be posted by us on the Lotteries Site;
(c) You will be deemed to have received the Notice at the time that it is posted on the Lotteries Site.
4T.5 When you offer to purchase Tickets from us after you are deemed to have received Notice you are doing so in accordance with the varied Terms and Conditions.
4T.6 We further reserve the right, at any time and without Notice, to amend the Help Pages and other procedures and explanatory information displayed on or accessible from the Lotteries Site.
5T. RESPONSIBILITY FOR YOUR ACCOUNT AND ACCOUNT SECURITY
5T.1 You are entirely responsible for all of the obligations arising out of or in relation to your Registration and your Account.
5T.2 When you make Application for Registration, you will be required to nominate an email address (as your Member ID) and an Account password. If we accept your Application for Registration, your Member ID will be confirmed by email to the email address specified by you in your Application for Registration.
5T.3 You must enter your Member ID and password in order to access your Account details and each time you offer to purchase Tickets from us.
5T.4 It is your responsibility to ensure that no other person accesses the Lotteries Site or purchases Tickets from us using your Member ID, password or your Account. You must not disclose your Member ID or password to anyone. You will be responsible for any use of your Account by any other person and we expressly disclaim liability in this regard.
6T. REGISTRATION
6T.1 You will only be able to offer to purchase Tickets from us and to qualify for prizes in Lotteries if you have made and we have accepted your Application for Registration.
6T.2 Upon our acceptance of your Application for Registration, we will open an Account in your name, you will be able to make deposits into your Account and you will be able to offer to purchase Tickets from us. We do not guarantee to accept any offers you make to purchase Tickets from us and we may refuse to do so in our absolute discretion without notice to you and without giving reasons.
6T.3 You can make Application for Registration as a Member:
(a) if you are an individual person (Accounts will only be opened in the names of individuals);
(b) if you are at least 18 years of age (or older if so required by any laws applicable in your place of residence);
(c) if you are not currently a Member (multiple memberships for a single individual are not allowed);
(d) if you are not a currently excluded or blocked Member for any reason; and
(e) where such Registration and the opening of an Account with us does not contravene any law applicable in your place of residence.
6T.4 Members cannot withdraw funds that they have deposited or any winnings or any other moneys from their Account until we are supplied with proof of identity, age and place of residence, in a form acceptable to us.
6T.5 Full information on proof of identity, age and residence requirements and procedures is included in the Lotteries Site accessible from the navigation bar.
7T. PURCHASING TICKETS
7T.1 We will only accept offers to purchases Tickets from Members in whose names we have opened Accounts and only through the Site.
7T.2 Registration as a Member does not qualify the Member for Tattersall's "Tatts Card" membership.
7T.3 The manner in which you may offer to purchases Tickets is explained in the Lotteries Site, accessible from the navigation bar.
7T.4 When you click on the "Confirm Purchase" button on the Lotteries Site you are offering to make the Ticket purchase selected by you, and you authorise us to debit your Account with the cost of the Ticket.
7T.5 On receipt by us of your offer to purchases Tickets, our computer system will attempt to give effect to your offer with Tattersall's. When Tattersall's confirms its acceptance of your offer to us, we will issue a Ticket Number which will appear on the relevant screen and we will forward that Ticket Number to you by email indicating the status of the ticket as "Active". Receipt by us of a "Active" Ticket Number confirms your offer to purchase Tickets.
7T.6 Offers from you for to purchase Tickets must be received and set to "Active" state by our computer system prior to the Lotteries Deadline for the submission of offers for each draw of each Lottery. The Deadlines for Lotteries are shown in the Help pages, accessible from the Lotteries Site navigation bar.
7T.7 If an offer to purchase Tickets is not accepted by us by the Deadline the offer to purchases Tickets will not be processed and will be declined:
7T.8 In circumstances where you have commenced making an offer to purchase Tickets which cannot be completed for any reason, (for example as a result of a failure or break in your connection to the Internet or in the connection between you and the Lotteries Site or between the Lotteries Site and the Internet, if the offer to purchase Tickets is subsequently accepted prior to the respective Deadlines, that offer will stand in respect of the draw in the relevant Lottery and once processed by our computer system, your Account will be debited for the cost of such Ticket purchase.
7T.9 If the Lotteries Site or our computer system experiences any form of malfunction during:
(a) the receipt of an offer by you to purchase Tickets, or
(b) the process by means of which our computer system attempts to give effect to your offer, or
(c) our confirmation of its acceptance of your offer to purchase Tickets,
and we are unable to recover or verify the status of that offer to purchase Tickets during data recovery, then such unfinished or interrupted offer to purchase Tickets will be deemed void and not to have been placed. Any necessary adjustments will be made to your Account. We may further refuse to honour any offer to purchase Tickets if we reasonably suspect or know that the our or Tattersall's computer system failed to function in the manner in which it was designed and programmed to function.
7T.10 Once you have completed the checkout process for any order that order is final and cannot be cancelled or amended in any way.
7T.11 All Lottery prizes are subject to Elgin Lotto & Tobacconist's verification procedures before payment and will be credited to your account once received from Tattersall's.
8T. LOTTERY RULES
8T.1 The rules governing each Lottery in which Members can purchase entries through the Lotteries Site are contained in the following Tattersall's Rules:
(a) Tattslotto Rules
(b) Super 7's Oz Lotto Rules
(c) Wednesday Tattslotto Rules
(d) Powerball Rules
(e) Tatts Keno Rules
(f) The Pools Rules
8T.2 The outcome of Tickets purchased by you in Lotteries will be determined in accordance with:
(a) the Rules of the Lottery in which the Ticket was purchased; and
(b) these Terms and Conditions; and
(c) the Act and all other applicable laws of Victoria.
10T. DEPOSITING FUNDS INTO YOUR ACCOUNT
10T.1 We are required to maintain a segregated account to contain all funds held on behalf of Members.
10T.2 Australian residents who are fully registered as a Member can deposit funds into their Account by Visa, MasterCard, Australian Bankcard in which case the transaction is recorded as a purchase on your credit card statement.
10T.3 Please use the Website to purchase credit for your Account.
10T.4 Deposits of funds into your Account will only be recognised when we have confirmation from the relevant financial institution that the funds have been credited to our bank account.
10T.5 International Members may also deposit funds into their Account by Visa, MasterCard or bank draft.
10T.6 Except where otherwise specified, we reserve the right to recover from you any fees, costs, charges, taxes, imposts, levies or duties we incur in providing our services to you or in respect of Tickets purchased by you or in receiving and/or clearing a deposit into our bank Account or in obtaining authorisation or confirmation from the relevant financial institution that the funds will be credited to our bank account or otherwise in respect of this agreement and you hereby authorise us to debit any such amounts to your Account.
10T.7 You agree to indemnify us against any loss that it might suffer as a result of any deposit made by you being dishonoured or disputed, and in this regard, you authorise us to debit any such amounts to your Account.
11T. WITHDRAWING FUNDS FROM YOUR ACCOUNT
11T.1 We will only make payments directly to you via cheque, and, unless otherwise agreed, only to the address nominated by you in your Application for Registration. We will not be responsible for your not receiving your funds if this results from you having provided an incorrect address or other details affecting payment.
11T.2 Except where otherwise specified, we reserve the right to pass on to you any fees, costs, charges, taxes, imposts, levies or duties we incur in transferring funds to you from your Account and you hereby authorise us to debit such amounts to your Account.
11T.3 Payment to you can be made by the following methods:
(a) Cheque
We will send you a cheque by mail to your registered address.
11T.4 We will not be liable for any delayed or lost mail nor will we be liable if you do not receive your withdrawn funds as a result of any incorrect information provided by you to us.
11T.5 We reserve the right to place a stop payment on any cheque that is issued to you or to temporarily block your Account if we consider that payment of such cheque or continuance of such Account is illegal or constitutes an offence.
(a) We further reserve the right to withhold payments of any nature and to void all winnings of a Member if the Member's Registration details are false or misleading.
(b) No credit is available on your Account. It is your responsibility to ensure that there are sufficient cleared funds in your Account in advance to cover all transactions related to your Account, including but not limited to your offer to purchase a Ticket and all fees, costs, charges, taxes, imposts, levies or duties for which you are responsible.
12T. CLOSURE OF YOUR ACCOUNT
12T.1 We may suspend or close your Account at any time without notice and without giving you any reason.
12T.2 If we close your Account, provided that you have given us proof of identity, age and place of residence in a form acceptable to us, we will remit to you the funds balance, if any, held in your Account at that time less applicable costs, fees and charges. If we close your Account at a time when you have Tickets in Lotteries which have not yet been drawn, we will send you the proceeds of those Tickets, if any, less applicable costs, fees, and charges when the results have been determined. This does not prejudice any right of ours elsewhere in these Terms and Conditions or at law to refuse, cancel or dishonour any purchase or offer by you to purchase any Ticket.
12T.3 Any funds in an Inactive Account, less applicable costs, fees and charges will be remitted to you by cheque, provided that you have given us proof of identity, age and residence, in a form acceptable to us.
12T.4 Except as otherwise stated in these Terms and Conditions:
(a) all references to money are references to Australian Dollars;
(b) the ordinary rules of foreign exchange applicable in respect of the relevant method of payment and the relevant financial institution will apply to all payments involving conversion of foreign currency; and
(c) you agree to accept any and all foreign exchange fees, costs, charges, taxes, imposts, levies or duties incurred by us in receiving funds deposited by you or transferring funds withdrawn by you from your Account. We do not make or charge any commission on foreign exchange.
(d) All Victorian lotteries duties are remitted by us via Tattersall's to the Government of Victoria, and accordingly no additional taxes are payable by you in Victoria on your winnings. It is your responsibility to make such arrangements as may be necessary for the payment by you of any relevant taxes in your place of residence.
12T.5 In the event of a Member's death, the balance of the Member's Account will automatically form part of the deceased Member's estate. Claimants will be required to supply proof of entitlement in a form acceptable to us.
13T. RESPONSIBLE GAMBLING AND SELF EXCLUSION
13T.1 We are committed to responsible gambling and provide an online link from the Lotteries Site to a gambling counselling and referral service. Contact details are available by clicking on the "Responsible Gaming" link on the Lotteries Site or on request.
(a) We may in our absolute discretion permanently exclude a Member from making Purchases, in which case we will remit the balance of the Member's Account to the Member.
14T. LEGAL PROCEEDINGS AND VICTORIAN JURISDICTION
14T.1 You submit to the jurisdiction of the courts of Victoria.
14T.2 You agree not to seek to stay or terminate any proceedings brought in Victoria on the grounds that the forum is not convenient or is less appropriate than some other forum.
14T.3 You agree not to challenge any application made by us to stay any proceedings brought in any other jurisdiction.
15T. PRIVACY
15T.1 We collect information about you from the Application for Registration and from your transactions and use of the Site. This information may include your name, contact details, date of birth, identification details and details relating to your transactions and use of the Site. We collect this information for the purposes of assessing and processing Applications for Registration and for the administration of Accounts, and for carrying out marketing, planning, product development, administration of the Site and research.
15T.2 All information collected by us by means of the Site shall become and remain our property.
15T.3 You authorise us to disclose the information provided by you to us in your application for Registration or subsequent thereto, to relevant financial institutions and our agents and sub contractors for the purpose of validating and obtaining authorisation for any deposits made by you.
15T.4 You have the right to opt out of marketing mailings.
15T.5 Members will usually be entitled to gain access to information which we hold about them, except in certain circumstances specified by legislation. If you wish to gain access you can contact us. We may charge a fee for providing Members with access to their personal information.
15T.6 If an applicant does not provide all the information requested in the Application for Registration, except for those fields marked "optional", we cannot process the application.
15T.7 This clause 15T survives termination of the membership.
16T. GENERAL
16T.1 These Terms and Conditions and the Lotteries Site are not, and should not be understood in any way to be, advertising, promoting or inducing gambling, or publishing gambling information.
16T.2 Except to the extent that liability cannot be excluded by law, we will not be liable for any direct, indirect, incidental or consequential loss, loss of a chance, damage (including but not limited to damage for loss of profits, business interruption, loss of programs or information, and the like), expense, claim (including but not limited to any claim attributable to errors, omissions or other inaccuracies in the Lotteries Site and the Elgin Lotto & Tobacconist's computer system and/or failures in the communications links provided by telecommunications carriers or service providers or between financial institutions and the Elgin Lotto & Tobacconist's computer system, materials or information downloaded through the Lotteries Site), action or liability of any nature ("loss") arising out of your Registration with and Membership, your Account, the purchase or attempted purchase by you of a Ticket, the use by you or any inability to use the Lotteries Site, the failure of the Lotteries Site to give effect to any offer by you to make a purchase a Ticket whether accepted by us or not.
16T.3 We give no warranty whatsoever that the Lotteries Site will be available for use by Members permanently or for any minimum period of time.
16T.4 Any non-enforcement by us of any of our rights under this agreement and these Terms and Conditions will not constitute a waiver of those rights. Any waiver by us of any of our rights under this agreement and these Terms and Conditions will not constitute a waiver on any subsequent occasion.
16T.5 We own or are licensed to use the copyright in all of the content on the Lotteries Site and by accessing the Lotteries Site, downloading results and purchasing Tickets through the Lotteries Site, you acknowledge such ownership and/or licence.
16T.6 No results file, graphic or other content on the Lotteries Site may be reproduced or distributed without our prior written consent and you agree that you will not in any manner interfere with, decompile, modify or create derivative works from any such content or downloads.
16T.7 While considerable care has been taken in compiling and updating content on the Lotteries Site, we do not guarantee the accuracy of such content. To the extent permitted by law we exclude all warranties in relation to the content and is not liable for any damage, loss, cost or expense incurred by any person using the Lotteries Site.
16T.8 From time to time, the Lotteries Site may contain links to other sites not operated by us. We do not control those sites and cannot be held responsible for their content. Such links do not indicate endorsement or support of any goods, services or content on those sites and we will not be liable to any person for any goods, services or content which may be purchased or accessed through links to the Lotteries Site except where supplied by us.
16T.9 We cannot and do not guarantee that files available for downloading from the Lotteries Site will be free of viruses, or other codes that may corrupt or destruct properties. Members are solely responsible for implementing virus checking and other procedures to prevent any such corruption or destruction. Files are downloaded and used by Members at their own risk.
16T.10 You agree to indemnify us, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal costs, arising out of your use of the Lotteries Site and any content on the Lotteries Site or from any violation of this Agreement (including negligent or wrongful conduct by yourself or any other person accessing the Lotteries Site).
16T.11 We will be entitled at any time and without notice to assign any or all of our rights and duties under these Terms and Conditions and our agreement. Since Registration is personal to the Member, you may not transfer, assign or otherwise dispose of your rights and obligations under these Terms and Conditions and our agreement.
Last updated 13 May 2006. |
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