Scratchcards.net provides its customers with a legal online gambling experience in accordance with the legal requirements and directives of the United Kingdom Gambling Commission hereinafter the “UKGC”, offered through our UK Gambling Commission Licence reference number: 049262.
These Terms and Conditions V.1.1. were last updated on August 3, 2021
TABLE OF CONTENTS:
ARTICLE 1 – IDENTIFICATION
LOTTOMATIRX OPERATIONS LIMITED (hereinafter “LMO”) is a public limited liability company under Maltese Law, with registered office at Vincenti Buildings 28/19 (Suite no.1969), Strait Street, Valletta, VLT 1432, Malta and company number C-80365, owner of the name domain Scratchcards.net, brand owned by LMO, (the “Brand Owner”). Scratchcards.net through its UK Gambling Commission Licence reference number: 049262 enables Players to purchase scratch-cards hereinafter collectively referred to as the (“Services”).
ARTICLE 2 - DEFINITIONS
For the purposes of these Terms and Conditions, the below words will have the following meanings:
“Games” means Scratch cards and any other games as made available time by time on the Website (including mobile or any other platform) and “Game” can mean any one of them. We can remove or add Games to the Website at any time at our sole discretion without prior written notice.
“Games Winnings”: the return paid to a Player in respect of a Stake which is place on any Games.
“Gambling Commission”: means the United Kingdom Gambling Commission.
“Player(s)” : refers to any person of at least 18 years old who has registered on the Website and holds a Player account, or any person accessing the Website without registering (also referred to as “you” or “your”).
“Player Account”: The Player account is a personal account created by a private individual (“The Player”) allowing him/her to access the Website and use the Services under the conditions defined in the present Terms.
“Prohibited Jurisdictions”: means any territory which is not the United Kingdom.
“Purpose”: the purpose of participating in the Services.
“Rules”: separate sets of rules which apply to the different products and/or Services made available on the Website from time to time, which can be found under the Help tab of the applicable section of the Website.
“Services”: the services provided by us to Players via the Website.
“Stake(s)”: refers to the amounts a Player decides to stake in respect of a certain Game.
“Website” the domain www.scratchcards.net and any subdomains or related domains you may be redirected to including if you are using the Services via a downloadable mobile application, all references to the “Website” shall refer to that mobile application.
“We/Us”: shall be read as referring to LMO.
ARTICLE 3 - MODIFICATION
LMO reserves the right to modify and update the Terms and Conditions, access to and contents of its Website from time to time. If the Terms and Conditions are modified, Players will be informed the next time they connect to the Website by means of an appropriate message, in advance of such changes taking effect.
Any connection to and/or use of the Website by the Player after being notified of changes in the functionalities of the Website or amendments to the Terms and Conditions will be deemed to be acceptance of the changes made.
ARTICLE 4 – PROTECTION OF PERSONSAL DATA AND COOKIES
ARTICLE 5 – CREATING A PLAYER ACCOUNT
To access and use the Services available on the Website requires you to create a personal Player Account using the registration form. Each Player is authorised to open only one account and it is not possible to play or stake on our Website without a personal Player Account.
To be eligible to register for an account on the Website and/or use the Services you must:
1. Be a physical person with legal capacity, this means you are of sound mind and capable of taking responsibility for your own actions.
2. Be legally of age, this is aged 18 or over.
3. Not be prohibited from playing by the Gaming Commission and/or the legislation in force.
4. Reside in United Kingdom.
5. Have a valid bank account, credit or debit card or alternative payment method, that is approved by us and that is registered to an address in a territory that is not a Prohibited Jurisdiction.
To create an account, simply click on the “Log In” button and follow the instructions on the screen. The Player must supply the following personal information:
ARTICLE 6 – VERIFICATION
6.1. AGE VERIFICATION
Following the creation of your Player account, you won’t be able to gamble (with your own money or any type of bonus and/or incentives), make a Stake, deposit, access free-to-play games and/or withdraw any amount, until we have completed our age-verification checks. By accepting these Terms, you hereby agree that we shall be entitled from time to time to conduct such identification and/or age, verification checks that we may choose to do and/or are required to do according to applicable laws, regulations and/or as enforced by the Gambling Commission. We reserve the right, in our sole discretion, to determine which documents of identification shall be accepted to duly verify and authenticate that the Player is legally of age, this is aged 18 or over. If any of these verifications has not been satisfactorily completed, we may: (i) suspend your account; (ii) restrict your access to the Website and/or the Services until verification has been successfully completed.
6.2. IDENTITY VERIFICATION
As part of our verification system, when registering or creating an account, effecting deposits, requesting withdrawals, pay out of winnings and/or ongoing monitoring of your account, we may ask you to provide us with certain documents required for our “Know Your Customer” process (“KYC Documents”). Such as copies of your Passport, Identity Card, Driving Licence, to verify your identity, Utility Bills, Bank Statements, to be used as proof of address, or proof of payment details, evidence of source of income and/or source of wealth, etc. We may ask you to provide us with updated KYC Documents in case such expire and with certified/notarized copies of your KYC Documents in case these are required in order for us to verify their authenticity and to comply with statutory and/or regulatory requirements, including but not limited to Anti Money Laundering requirements. It should be noted that Players have thirty (30) days to send us their KYC Documents, once a request for such has been made, and no withdrawals will be permitted until all KYC Documents have been received and approved by us. If a Player fails to comply with our requirement to provide KYC Documents during a consecutive period of thirty (30) days upon receipt or LMO’s request received by email, we may: (i) temporarily block and restrict your access to the Website and/or the Services until the KYC Documents are provided, approved and the verification has been successfully completed; (ii) terminate the relationship with such Player.
Further information on the necessary KYC Documents we need you to provide us with to complete the verification of your Scratchcards.net account is available HERE.
ARTICLE 7 – PLAYER’S ACCOUNT AND PASSWORD
You must keep your password and all account details secret and confidential as you are solely responsible for the use of the Website and/or Services made through your Player Account and any other activities taking place through your Player Account.
If you forget your password, click on the “FORGOT MY PASSWORD” button on the Website and enter the email address associated with your Player account. LMO will then send you an email with a link allowing you to generate a new password.
You undertake to notify LMO immediately using the following email address: email@example.com if you feel that there could or in the event there is an unauthorised use of your Player Account or your password, or any security breach.
LMO reserves the right to demand that you change your password if it believes that it no longer ensures adequate security. LMO accepts no liability for loss or harm suffered by the Player as a result of an unauthorised use of his/her connection details and/or Player Account by third parties, even without the Player’s knowledge.
ARTICLE 8 – OBLIGATIONS RELATING TO THE USE OF THE WEBSITE
By using the Website and/or the Services, the Player undertakes:
1. To use the Website or its Services only for the purposes authorised by and in accordance with (i) the Terms and Conditions and by (ii) any law, regulation practice or directive issued by the Gambling Commission.
2. Not to disrupt or interfere with the security or to participate in any other form of abuse of the Website, the Services, the system resources, accounts, servers or networks connected to or accessible via the Website or the related or linked websites.
3. Not to create or use a false identify on this Website.
4. Not to disseminate false information or illegal notices.
5. Not to attempt to obtain unauthorised access to the Website.
6. Not to use the Website for purposes that are illegal or liable to harm the reputation of LMO (or third parties).
7. Not to use the Player Account, the Website and/or the Services for any professional, business and/or commercial purpose.
8. Not to modify or attempt to modify, by means of any processes or tools whatsoever, the software, the gaming mechanisms offered specifically with the aim of changing the results, nor use any artificial intelligence which includes but is not limited to “robots” and “spiders” in relation to your use of the Website and/or the Services
9. Not to use or attempt to use stochastic calculation (martingales) or any software with artificial intelligence in relation to the use of the Services and/or Website.
10. Not to harm the intellectual property rights of LMO, the Brand Owner or third parties.
11. Not to reproduce all or part of the content of the Website and/or Services on any medium whatsoever without the authorisation of LMO.
12. Not to use personal information which you might access via our Website to distribute unsolicited messages to the email inboxes of other Players (“spamming”), for any commercial or non-commercial purpose or in any other unauthorised way.
13. Not to upload, send transmit by email or in any other way any content that might be illegal, harmful, threatening, abusive, constituting harassment, defamatory vulgar, obscene, pornographic, threatening to other people’s privacy, hateful, racist or objectionable in any other way.
14. To comply with any tax liabilities.
15. Not to authorise a third party to use your Player Account, or to use payment methods, credit, debit cards or the user account of a third person or another Player, even with the latter’s consent.
16. Not to transfer funds from a Player Account to any other Player or receive funds from others into your Player Account. Furthermore, you may not sell, transfer and/or acquire Player Accounts to and/or from other Players.
17. 17. To respond as soon as reasonably possible to any requests made by LMO relating to your Player Account and to communicate to LMO all necessary KYC Documents, including any other document or evidence it deems useful for verification purposes, relating to your identity, age, your bank details, source of funds, source of wealth, the deposits you have made, withdrawals, refunds, cashbacks, etc.
Furthermore, you agree that you are solely responsible for the actions and communications performed or transmitted via the Website and from your Player account.
ARTICLE 9 - PLAYER GUARANTEES
The Player declares and warrants that:
2. (s)he understands that (s)he may win or lose money while participating in the Services of the Website and undertakes to assume sole responsibility for the consequences of any financial losses, waiving any recourse in this regard against LMO.
3. (s)he is of legal age to create a Player Account and is not legally prohibited from doing so.
4. (s)he is not prohibited from gambling by the Gaming Commission, by any other body and that (s)he has not been banned from gambling on the Website by LMO or by her/himself.
5. the information and personal data (s)he supplied is accurate, truthful and complete in all respects, and to keep the Player Account details up to date.
6. the funds (s)he will use to play or Bet on the Services and/or the Website do not originate from an illegal source and/or act.
7. (s)he will not engage in criminal activities directly or indirectly involving a Player Account and undertakes not to use the Services and/or the Website for the purpose of transferring funds or carrying out an illicit or fraudulent activity or any prohibited transaction (including money laundering), in compliance with the laws of all the jurisdictions to which (s)he is subject.
8. (s)he is not acting on behalf of a third party.
The Player undertakes to indemnify, defend and exonerate LMO, its directors, employees, representatives and suppliers, as well as any possible third‐party, against any possible losses, expenses, harm and costs, including legal fees arising from any infringements by you of these Terms and Conditions.
ARTICLE 10 - SERVICES
10.1.We are committed to providing the highest quality customer service and as part of such engagement, we are committed to supporting responsible gambling. Although we will use our reasonable endeavours to enforce responsible gambling policies, we do not accept any responsibility or liability if, for reasons outside our reasonable control, you continue to gamble, and/or seek to use the Website and/or the Services with the intention of deliberately avoiding the relevant measures and protections in place.
10.2. We may suspend, modify, remove, or add to the Services, from time to time at our sole discretion, with immediate effect and without notice to you. If we make such a change that affects a Stake that you have already made or purchased but has not yet settled, your Stake will be voided, and we will return the applicable amounts back to you. Save for where we have not used reasonable care and skill, we shall not be liable for any loss suffered as a result of any such changes and you shall have no claims against us in this regard.
10.3. We only permit and accept the use of the Services online (including via mobile device or downloadable applications on a mobile device).
10.4. We do not allow any of our employees, their immediate families, officers, directors, or third parties that relate to our group of companies (“Group”) or provide services to the Group, to hold a Player Account, or Stake on any of the Services and/or Website. We will suspend any Player Account and/or void any Stake where such has taken place during the term, and for a period of three (3) months thereafter, in which the respective employees, their immediate families, officers, directors, or third parties which relate to the Group or provide services to the Group are employed by or provide services to us.
ARTICLE 11 – DEPOSITING
The Player’s use of the Player Account is strictly limited to the use of the Services and/or Website and excludes any other use, especially as a bank account or financial institution. Under no circumstances will any amount of money and/or balance associated with the Player Account accrue interests.
You agree that we have the right, at any time:
1. to set-off any positive balance in your Player Account against any amount and/or sum owed by you to us, when depositing or before making any payments to you or permitting you to withdraw any funds from your Player Account.
2. to deduct monies to pay for the Services as requested by you from time to time as well as any applicable administrative fee and/or charge which have been brought to your attention under these Terms and Conditions.
3. To void any attempted Stake which may have inadvertently been accepted by us when the Player Account did not have sufficient funds to cover such Stake.
4. To void any bonuses, incentives or Winnings credited to your Player Account by error and/or which were not due, and any transactions made by you from such funds and/or withdraw the relevant amount from your Player Account and/or reverse the transaction, either at the time, or retrospectively, when we become aware of the error.
5. If we have reasonable suspicion that you are engaging in any of the reasons included in Article 19 of this Terms and Conditions, we may withhold payment to you, recover any Winnings, suspend Deposits, suspend Withdrawal requests, as well as suspend or close your Player Account.
11.1.1. We do not offer any credit facility, so if you want to place a Stake in any of our Services you must deposit funds into your account. To request a deposit, you should click the “Deposit” button on the Website and follow the instructions. All deposits requests are processed directly up to a maximum of 24 hours, subject to completing and satisfying the KYC Documents and/or verification checks as set in Article 6. Further information on all deposit option are available HERE.
11.1.2. You should only deposit funds into your Player Account from a source where you are the named account holder, such as your own bank account, your own credit/debit card and/or payment method, unless you provide valid and verifiable reasons for it being different from the name used when registering, or by a payment method which is secured by a pin code, password, or another identity verification process. You may change your payment method, provided we are satisfied that the applicable verification checks set out in Article 6 above are met. In cases where we identify that your chosen payment method does not meet the foregoing requirements, we may treat any deposits into your Player Account as being invalid and any Stakes made with such deposit as being void and we will return all such deposited amounts to the source from which they were received by us.
11.1.3. Depending on the payment method selected, deposits can incur charges or processing fees from third parties. Your bank may independently charge you for bank wire transfers and other payment methods. You hereby accept to be responsible and solely bear all charges, costs and/or fees incurred by you when executing a deposit. Any third-party bank and payment processing charges and fees incurred are borne by you and we are entitled to debit your Player Account accordingly.
11.1.4. It is your responsibility to inform us without delay should any funds be credited to your Player Account and/or bank account by error. We shall recover such funds from the Player Account by adjustment and you hereby accept to transfer upon receipt of LMO’s request all amount transferred by error to your bank account.
11.1.5. Due to the UK Gambling Commission’s decision, we cannot accept payments through credit cards from UK residents, effective as of April 14th, 2020.
ARTICLE 12 – WINNING AND WITHDRAWALS
12.1.1 All Winnings in respect of Games will be credited to your Player Account immediately and paid out in accordance with the Rules that apply to the applicable Games.
12.2.1. To request a Withdrawal, you should click the ‘Withdraw’ button on the Website. You have the legal right to withdraw your full or partial cash balance amount (this includes any Winnings realised from Stakes using your own funds) at any time in a single or multiple transactions. All Withdrawal requests are processed withing five (5) business days from receipt of your Withdrawal request, subject to completing and satisfying the KYC Documents and/or verification checks as set in Article 6. If we are unable to complete the verification checks, we are entitled to apply Withdrawal restrictions on you Player Account as set out in Article 6 above.
12.2.2. All Withdrawals will be processed to the account from which the deposits were made. Withdrawal payments can only be made in the name of and to the registered account holder. All our withdrawal methods can be found HERE
12.2.3. The method by which we transfer withdrawn amounts out of your Player Account may vary depending on the size of the transaction. Any third-party bank and payment processing charges and fees incurred are borne by you and we are entitled to debit your account accordingly.
12.2.4. We actively combat money-laundering. All transactions are checked to prevent money-laundering and suspicious transactions are reported to the relevant authorities. Pay outs from a Player’s Account to the Player will be made to the bank account or credit/debit card from which the funds deposited into the Player’s Account originated. Transactions will be made in accordance with the choice of withdrawal method provided by the Player to us. However, we reserve the right, at all times, to make the final decision on the choice of withdrawal method. Depending on the Player’s or our choice of withdrawal method, withdrawals may result in fees payable to a third party, such as banks and financial institutions. Information about applicable fees from time to time is provided on the Website. You understand and accept that such fees and other fees payable to third parties shall be paid by you.
12.2.5. If you have deposited funds with credit cards or debit cards or if you have requested a pay out to be made to a credit card or debit card, we have the right to request copies of both front side and back side of the relevant card. Please note that we only make payments to the credit card or debit card which you have used to deposit funds to your account. For security reasons, we recommend that you only make the first six (6) number and the last four (4) numbers on the credit card or debit card visible when providing a copy of the card. The CVV/CVV2 number on the credit card or debit card should not be visible on the copy.
12.2.6. We reserve the right to withhold payment and to declare Stakes void if we have evidence that the following has occurred:
1. the integrity of the event has been called into question.
2. the price(s) or pool fund has been manipulated.
3. match rigging has taken place.
4. If we have reasonable suspicion that you are engaging in any of the reasons included in Article 19 of this Terms and Conditions.
ARTICLE 13 – CHARGEBACKS, TAXES AND WITHHOLDINGS
13.1.1. If we incur any chargebacks, reversals, or other charges in respect of your Player Account, we may charge you for the relevant amounts incurred. You agree that you will not make or attempt to make any charge backs and/or deny or reverse any payment that you have made, and you hereby agree that you will reimburse us fully for any charge backs, denial or reversal of payments you make and any loss (including bank penalty charges) suffered by us as a consequence thereof.
13.1.2. If any Winnings incur taxes, duties, or levies, these are borne by you. You are solely responsible for reporting your Winnings and losses to the relevant tax authority and/or other authorities in your jurisdiction. In the event we are required to pay any taxes, duties, or levies (including withholdings) directly to a regulatory authority, you agree that we are entitled to deduct these amounts from any Winnings payable to you or your account balance or claim these amounts from you. Please see Appendix 1 for more information on withholdings.
ARTICLE 14 – CURRENCIES AND EXCHANGE RATES
All Deposits, Stakes, Winnings, Withdrawals, will be in Pounds Sterling (GBP). Should any transaction involve an exchange in currency, the applicable rate of exchange will be the same exchange rate imposed on us by our bank at the time of the relevant transaction.
ARTICLE 15 – BONUS & PROMOTIONS
Scratchcards.net offers the Players the opportunity to participate in a loyalty program. You can find more information about our bonuses, promotions, tournaments and offer information in our Promotional Terms and Conditions available HERE.
ARTICLE 16 – TERM
These Terms are valid indefinitely until the Player account is closed by the Player or by LMO.
ARTICLE 17 – ACCOUNT CLOSURE BY THE PLAYER
If you want to close your account, please send an email to our support team at firstname.lastname@example.org. Such termination will take effect upon our closing of your account, which shall occur within seven (7) business days after our receipt of your email. Your email will be deemed “received” only after a confirmation email is sent to you, and we will start counting the 7-day period from this point. During the pre-closing period, you shall remain responsible for any activity on your account. This right is separate from your right to exclude yourself from the Website and/or the Services, which will also involve us temporarily blocking your account for a limited time or permanently, as chosen by you.
Please note that if you want to close your account because you believe you have problems controlling your gambling, you should refer to our Responsible Gambling resources set out HERE.
In case your Player Account was closed at your request and/or LMO’s discretion with a positive balance, you can request a refund to recover this one. The minimum refund amount is set to one pound (£1) and must be requested through the same payment method originally used to deposit. If this is not possible, we can return your funds to your bank account held in your name by bank wire transfer. The minimum amount for a bank wire transfer is five pounds (£5) or the equivalent currency and any administration and payment fees incurred by this bank transfer will be covered by you. You may find further information HERE.
ARTICLE 19 – ACCOUNT SUSPENSION OR CLOSURE BY LMO
19.1. LMO at its sole discretion, may close or suspend your account at any time and for any reason, under the following circumstances:
1. the Player account remains inactive for an uninterrupted period of twelve (12) months or more, as set in Article 20. Inactive and Dormant Accounts.
2. LMO believes that the Player has infringed or breached, in whole or in part, one or more provisions of these Terms and Conditions.
3. The Player has not provided all the documents and/or evidence required to complete the KYC Documents and/or the verification checks or confirm his/her account within the requested deadline.
4. The items, documents, or evidence provide to LMO are incomplete or inaccurate.
5. The conditions for registrations of Article 5 of the Terms and Conditions are not or are no longer met.
6. the Player is subject to a gambling ban or self-excluded.
7. The Player becomes bankrupt.
8. we reasonably believe that you have used the Website and/or the Services in an unfair manner, have deliberately cheated or taken unfair advantage of us or any of our customers.
9. In the event we reasonably believe that you have abused bonuses or other promotions given by LMO in accordance with the Promotional Terms and Conditions as set out in Article 15.
10. If LMO suspects or discovers fraudulent, illegal, or criminal activity by the Player, or an attempt to make illegal and/or unlawful use of the Website, Software, and/or the Services.
11. we reasonably believe that a Player account has been used by a third party (even with the Player’s consent) or for another individual's benefit or acted in collusion with other individuals and/or Players.
12. we are requested to do so by any law enforcement agency, any Gambling Commission, regulatory authority, or court order.
13. We reasonably believe that any of the events referred to in this Article 19 may have occurred or are likely to occur.
If any of the above reasons occurs, we have the right to withhold the whole or part of your balance and/or recover from the account the amount of any deposits, withdrawals, pay outs, bonuses or winnings which have been affected by or are in any way attributable to any of the events listed in this Article 19.
19.2. Furthermore, if a Player account is closed for the above reasons, LMO shall be entitled to void all outstanding Stakes and/or and return all associated staked amounts and remainder amounts in the Player Account to you less any administrative, damages and interest costs attributable to the Player and irrecoverable expenses incurred by us. The Player will be notified by mail of the suspension or closure of his/her account.
19.3. Where an account is suspended for the above reasons of Article 19, the relevant Player should contact our Customer Support team at email@example.com. Whilst your Player Account is suspended, your Player Account and balance shall be blocked, and all monies that are deposited/wagered prior to this will not be returned to you nor will we pay out any Winnings to you, until the suspension reasons are solved.
19.4. LMO reserves the right to:
1. Notify any competent authorities, including legal authorities, Gambling Commission, etc. of any activities of the Player that are or are suspected to be illegal.
2. Block the balance of the Player in view of averting the consequences of any abuse or illegal use, either suspected or proven, of the Website, Software and/or Services.
3. Initiate any legal action that is required or useful to stop the breach blamed on the Player, obtaining reparations from the harm suffered by LMO or recovering any undue Deposit, Withdrawal, Winnings and/or Bonus that might have been paid to the Player afterwards or due to the breach for which he is being blamed.
4. seek criminal and contractual sanctions against you if you are involved in fraud, dishonest or criminal acts when using the Website and/or the Services and will make such reports to the relevant authorities, as necessary.
The rights set out in this clause do not affect any other rights (including any common law rights) we may have against you, under these Terms or otherwise.
ARTICLE 20 – INACTIVE AND DORMANT ACCOUNTS
A Player Account is deemed to be ‘inactive’ during any period in which a Player’s Account has not recorded any log in and/or log out for a period exceeding twelve (12) consecutive months. If your Player Account is ‘inactive’ for a period of 365 consecutive days, the following shall apply:
i) If the balance on your Player Account is zero (0), we may close your Player Account and no fee shall apply.
ii) If the balance on your Player Account is positive, we may deduct periodic fees or charges, until:
• The Player Account is closed, or
• The Player Account becomes active again.
In this case, the following shall apply:
1. We shall take reasonable steps to notify you that your Player account has become inactive, using the details you provided during your registration process (or as updated by you) and we shall try to repay you your remaining Player Account’s balance to the last payment method you used while using the Services (subject always to compliance with applicable law).
2. We shall then take all reasonable steps, to notify you in no less than thirty (30) calendar days beforehand, that if your Player Account remains inactive by the specified date and/or deadline, that we may impose fees or charges as of the specified date. The fees or charges that will be applied shall not exceed:
• £5 (GBP) per month for Players from United Kingdom.
3. In the event of our inability to contact you via the contact details provided to us by you, we may after the elapse of thirty (30) month since your account was notified to be inactive:
• Donate the funds to a charity concerned with the research and/or educational treatment of gambling related harm.
You can “reactivate” your account by logging in and/or out from your account. Players who wish to recover funds held in a closed account due to inactivity, are advised to contact Customer Support.
ARTICLE 21 – GUARANTEE AND LIMITATION OF LIABILITY
21.1. The Players uses the Website and/or the Services at his/her own risk. Unless otherwise specified and to the maximum extent permitted by law, the Website, the Services, Software, Servers, contents materials and information on or relating to the Website are provided “AS IS” and “DEPENDING ON AVAILABILITY”, without any warranties or representations of any type whatsoever, either explicit or implicit.
21.2. LMO makes no guarantees that the Website, the Services, the Software and/or Servers will, meet the Player’s requirements, be uninterrupted, be compatible or available on any device or system, be secure or free of errors, faults, bugs, or virus, that any defects in will be corrected, that the information and material on the Website will be accurate, and will not infringe any third-party’s intellectual property rights.
21.3. The Player acknowledges that LMO, its directors, employees, agents or sub-contractors cannot be held liable nor responsible, under no circumstances, for, loss of profits, loss of business, loss of revenue, loss of opportunity, loss of data, loss of goodwill or reputation, loss or damage because of the insolvency or failure of third parties, any unauthorized use of credit and/or debit cards, acts or omissions of the Player or third parties, or, indirect losses which are a side effect of the main loss or damage incurred, and which are not reasonably foreseeable by you and/or us at the time of you accepting these Terms.
Irrespective of the cause, if LMO should be held liable, for whatever reason in no case shall our liability to you exceed:
i. In respect of your Winnings, the amount of Winnings properly due to you, and
ii. In respect of any other liability, the amount you Stake on your behalf in the preceding six (6) months, up to a maximum of (£5,000) or the equivalent currency. Nothing in these Terms shall exclude or limit our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from our, or our employees’ or agents’, gross negligence, or wilful misconduct. Nor breach any of your rights which you are entitle to nor certain legal remedies which may apply notwithstanding these Terms.
ARTICLE 22 – INTELLECTUAL PROPERTY RIGHTS
22.1. The Brands relating to the Brand Owner, the Website, and any other trademarks, service marks, and/or trade names used by LMO either on our behalf or together with the Brand Owner from time to time (“The Trade Marks”) are owned by LMO, any company within our group of companies, our licensors and/or the Brand Owner. In addition to the rights in the Trade Marks, LMO or any company within our group of companies, our licensors and/or the Brand Owner own the rights in all other content of the Website, including without limitation the Services, Software, images, logos, pictures, graphics, photographs, animations, videos, music, sounds, audio text and any other distinctive signs as well as the Software and the games available on the Website. By using the Website, Services, or the Software you shall not obtain any rights in the Trademarks and you may only use the Trademarks and the Website Services and Software in accordance with the Terms and Conditions.
22.2. The Player benefits only from a personal, non-exclusive, temporary, reversible, and non-transferable access and usage licence that is strictly limited to non-commercial use of the Services, Software, and applications on the Website.
22.3. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Services, web pages or any materials on the Website or the computer codes of elements comprising the Website, except to the extent required for you in order to use the Services.
ARTICLE 23 – USE OF THE SOFTWARE
23.1. For you to be able to use certain products offered on the Website, you may be required to download specific software (“Software”). This may be Software provided by us or provided by a third party. To use third-party Software, you may be required to agree to additional terms and conditions governing the use of such Software. If you do not accept those third-party terms and conditions, you should not use the relevant third-party Software. We do not accept any liability in respect of any third-party Software.
23.2. You are only permitted to use Software made available to you via the Website for the purpose of using our Services on the Website and save to the extent permitted by applicable law, for no other purposes whatsoever.
23.3. We grant to you a personal, non-exclusive, non-transferable, limited, and revocable right to use the relevant Software, for the sole purpose of using the Services in accordance with the following terms:
23.4. You are not permitted to: (i) install or load the Software on to a server or other networked device or take other steps to make the Software available via any form of “bulletin board”, online service or remote dial-in or network to any other person; (ii) sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in these Terms) your licence to use the Software or make or distribute copies of the Software or any part thereof; (iii) enter, access or attempt to enter or access or otherwise bypass our security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or the Website or attempt to make any changes to the Software and/or any features or components thereof; or (iv) copy or translate any user documentation provided ‘online’ or in electronic format. In addition, and except to the minimum extent permitted by applicable law in relation to computer programs, you are not permitted to: (a) translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software or any part thereof; or (b) reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the Software or to create derivative works of the Software or on any part thereof.
23.5. You do not own the Software or any part thereof. The Software is owned and is the exclusive property of us or a third-party software provider (the “Software Provider”). Any Software and accompanying documentation which have been licensed to us are proprietary products of the Software Provider and protected throughout the world by copyright law. Your use of the Software does not give you ownership of any intellectual property rights in the Software or any part thereof.
23.6. If there are communications or system errors occurring in connection with the settlement of accounts or other features or components of the Software, neither us nor the Software Provider will have any liability to you or to any third-party in respect of such errors. We may, in the event of such errors, remove all relevant products from the Website and take any other action to correct such errors
23.7. You hereby acknowledge that how you use the Software is outside of our control and at your own risk.
23.8. The Software may include confidential information which is confidential and valuable to the Software Provider and/or us. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms.
23.9. If a game is interrupted e.g. because we are unintentionally disconnected from your equipment, or if our gambling system unexpectedly shuts down, you will be given the opportunity to finish playing, unless otherwise specified in the Rules applicable to the specific game. If the game is not finished within 90 (ninety) days, it will be terminated.
23.10. While we endeavour to ensure that the Website and the Services are available 24 hours a day, we shall not be liable if for any reason the Website and/or the Services, or any part thereof, is unavailable at any time or for any time period. We may make changes or corrections to or alter, suspend or discontinue any aspect of the Website and/or the Services and the content or products available through it, including your access to it.
23.11. You must not misuse the Website and/or the Services by introducing viruses, Trojans, worms, logic bombs or other software which is malicious or technically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Website and/or the Services or any part thereof, any equipment or network on which the Website and/or the Services are stored, any software used in connection with the provision of the Services, or any equipment, software or website owned or used by a third party. You must not attack our Website and/or Services via a denial-of-service attack. Save where we have not taken reasonable steps, 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 computer equipment, computer programs, data or other proprietary material due to your use of the Website, Services, Software or to your downloading of any material posted on it, or on any website linked to it.
ARTICLE 24 – THIRD PARTY CONTENT
24.1. . We receive content from several suppliers. Certain third-party product providers may require you to agree to additional terms and conditions governing the use of their content. If you do not accept the relevant third-party terms and conditions, then you must not use the relevant third-party content.
24.2. We do not accept any liability in respect of any third-party content.
24.3. . Where the Website and/or the Services contain links to third-party websites and resources, these links are provided for your information only. We have no control over the content of these sites or resources and accept no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third-party website does not constitute an endorsement of that third party’s website, product, or service.
ARTICLE 25 – ERRORS AND TECHNICAL ISSUES
25.1. We do all that we can to avoid errors, but in some instances, errors may still occur. “Obvious errors” include, but are not limited to: (i) the publication of incorrect pricing and/or prize distribution, or incorrect terms of a Game as a result of human error or due to computer malfunction; (ii) us erroneously accepting and/or crediting funds, bonus, incentives iii) instances where the amount of Winnings paid to you or Withdrawals paid has been miscalculated as a result of human error or due to computer malfunction; (iv) acceptances of Stakes which should not have been accepted in the first place.
25.2. In case of the circumstances set out under clause 25.1 above, we may: (i) correct the error and resettle the deposit, bonus, winnings, withdrawals, and/or Stake at the correct price or terms applicable to when the transaction was placed; or (ii) declare the deposit, bonus, winnings, withdrawals and/or Stake void and return the amount price to you.
ARTICLE 26 –SELF-EXCLUSION OPTIONS
26.1. TIME OUT AND SELF-EXCLUSION
26.1. If Players think they need a time out and/or pause they can block their Player Account at any time by choosing between a Time Out or a Self-Exclusion.
26.1.1. Time Out: this temporary suspension is a short break which gives the Player the option of suspending their access to their Player Account for a predefined period, ranging from 24 hours up to a one (1) month, as selected by the Player. During the selected period, you will not be able to log into your account nor carry out any transaction, deposit, withdrawal nor use the Services and/or Website. When selecting the Time Out you hereby agree and understand that, only after the period has elapsed, the Time Out and/or suspension will be automatically removed from your Player Account, and you will be able to access your Player Account, the Website and/or Services, and carry out any transactions exactly from where you left it.
26.1.2. Self-Exclusion: This option is a longer break which allows you to suspend your access to your Scratchcards.net account for a predefined period, ranging from six (6) month up to five (5) years. If you chose the Self-exclusion option, your account shall be suspended for a minimum period of six (6) months following the UK Gambling Commission requirements. During the selected period, you will not be able to enter your account nor carry out any transaction on Scratchcards.net. After the expiry of your Self-exclusion period, you will need to contact our Customer Experience Team to request the removal of your Self-Exclusion and reopening of your Player Account, which shall be effective after 24 hours.
In order to request a Time Out and/or a Self-Exclusion Players may use the respective facility in ‘My Account’ section on the Website. Please note that if you believe you have problems controlling your gambling, you should refer to our Responsible Gambling resources set out HERE.
26.2. GAMSTOP FOR UK PLAYERS
26.2.1. In addition to our own internal self-exclusion facility detailed in Article 26.1. above, we are registered with the self-exclusion service provided by The National Online Self Exclusion Scheme Limited (“GAMSTOP”), which Players based in the UK may utilize in accordance with the following.
26.2.2. Successfully registering with GAMSTOP will prevent you from accessing all online gambling websites and apps run by companies licensed by the UK Gambling Commission as members of the service. You can find out more details about GAMSTOP by visiting www.gamstop.co.uk.
26.2.3. In circumstances where you successfully register to use GAMSTOP, we will take all reasonable steps, whilst your self-exclusion is “active”, to prevent you from accessing your Player Accounts, or opening new online accounts.
26.2.4. We are only able to operate self-exclusion under GAMSTOP based on the accurate information you provide to GAMSTOP as part of your registration to GAMSTOP. We will not be responsible for any failure on our part to spot any errors made by you or GAMSTOP when providing any information.
22.6.5 You are reminded that it is in your interests to provide GAMSTOP with truthful and accurate details, consistent with those which you use/have used to set up your Player Account with us. It is your responsibility to keep the information provided to GAMSTOP up-to-date, and we will not be responsible for you failing to keep such information up to date.
22.6.6. GAMSTOP will only prevent you from accessing those online accounts that match the details you have provided to GAMSTOP as part of your self-exclusion application. Similarly, GAMSTOP will only prevent you from opening new online accounts where the personal information you provide to us matches the details you have provided to GAMSTOP as part of your self-exclusion application. We will not therefore be responsible for failing to prevent access to your online accounts or prohibiting the opening of new online accounts, in circumstances where inaccurate, inconsistent and/or incomplete information is provided to us and/or GAMSTOP.
26.2.7. Please note that under the terms and conditions you agree with GAMSTOP, your self-exclusion will be activated as soon as possible after your application has been processed. Whilst GAMSTOP make every effort to do this within 24 hours, this cannot be guaranteed. However, once the self-exclusion has been successful and is activated on GAMSTOP’s operating systems, the self-exclusion will take effect on our operating systems (albeit you are strongly advised to also inform us of your participation in the GAMSTOP in accordance with clause 26.2.8. below).
26.2.8. To ensure that you get the full benefit of the self-exclusion facility available under the GAMSTOP, you are advised to also contact the online gambling operators you use to confirm that your application to register with the GAMSTOP has been successful. You can contact us by email at the following address: address: firstname.lastname@example.org.
26.2.9. When contacting us to confirm that your application to register with GAMSTOP has been successful, please confirm the following information: (i) full name; (ii) online account username; (iii) address; and (iv) date of birth.
26.2.10. By contacting us to confirm that your application to register with GAMSTOP has been successful, we will be able to put in place measures and arrangements as described here below.
26.2.11. Subject to our rights under these Terms permitting us to withhold any funds from your Player Account, the full balance of your Player Account will be returned to you within ten (10) business days via the current active payment method linked to your Player Account (albeit please note that in circumstances where you have any outstanding Stakes, Withdrawals, etc. in place at that point at which your self-exclusion takes effect on our operating systems, these will be cancelled and the remaining balance of your Player Account returned within ten (10) business days.
26.2.12. You will not receive from us any direct online marketing materials in relation to our online products, promotions Website and/or Services.
26.2.13. After expiry of the minimum exclusion period agreed between you and GAMSTOP, you will be required to contact GAMSTOP directly to arrange for your self-exclusion to be deactivated. Whilst GAMSTOP make every effort to deactivate your self-exclusion as soon as possible, this cannot be guaranteed. Please note that we cannot process deactivation on your behalf. All requests to GAMSTOP for deactivation of your self-exclusion will also be subject to a 24-hour “cooling-off” period. Once your self-exclusion has been successfully deactivated by GAMSTOP, you will be able to access your Player Account and/or open new online account with us. In circumstances where you do not contact GAMSTOP to deactivate your self-exclusion after the period of exclusion you have agreed with GAMSTOP, your self-exclusion will continue for a further seven (7) years, after which the self-exclusion will be deactivated.
26.2.14. You agree not to attempt to open new Player Accounts, log into your existing Player Account, or in any other way try to circumvent GAMSTOP’s or our operating systems/mechanisms for the duration of your self-exclusion. The GAMSTOP self-exclusion service is intended to assist you with responsibly managing your online gambling. As confirmed in GAMSTOP’s Terms and Conditions, the service is not intended to function as a replacement for willpower, is not “fool proof” and we cannot therefore guarantee that it will always result in you being denied access to your Player Account or refused when applying to open new Player Accounts.
26.2.15. Having implemented reasonable checks and safeguards to ensure that whilst you are self-excluded under GAMSTOP you cannot access an existing online account or open a new online account with us, we cannot be held liable to you or any third party if you are able to continue to gamble using the Website and/or the Services.
26.2.16. In addition, in no circumstances will we be liable to you or any third party if you are able to access your Player Account or open new Player Account during a period of self-exclusion under GAMSTOP for reasons outside of our reasonable control. This will include circumstances where the operating systems utilised by GAMSTOP fail to properly and/or instantaneously identify you and/or your Player Account as subject to self-exclusion when you attempt to use the Website and/or the Services.
ARTICLE 27 - OTHER PROVISIONS
27.1. These Terms and any document expressly referred to herein and any guidelines or rules posted on the Website constitute the entire agreement and understanding of the parties with regard to the Services and supersede any previous agreement between the parties relating to their subject matter. You acknowledge and agree that in entering into and agreeing to these Terms and any document expressly referred to herein and any guidelines or rules posted on the Website, you do not rely on, and shall have no remedy in respect of any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out therein.
27.2. No failure or delay by us in exercising any right under these Terms shall operate as a waiver of our rights. Any single or partial exercise of any right shall not preclude any further exercise of any of these rights or the exercise of any other right.
27.3. If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision of these Terms which shall remain in full force and effect.
27.4. You shall execute or cause to be executed all documents and do or cause to be done all further acts and things consistent with the provisions of these Terms that we may from time to time reasonably require in order to vest in and secure to us the full benefit of rights and benefits to be transferred or granted to us under these Terms and for the protection and enforcement of the same and otherwise to give full effect to these Terms.
27.5. Nothing in these Terms shall create or be deemed to create a partnership, joint venture or principal-agent relationship between us and you and no party shall have authority to bind the other party in any way unless expressly provided otherwise in these Terms.
27.6. We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control including, without limitation, any telecommunications network failures, power failures, failures in third-party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities. In such circumstances the time for performance will be extended by a period equivalent to the period during which performance of the relevant obligation has been delayed or failed to be performed.
27.7. We may assign, transfer, charge, sub-license or deal in any other manner with these Terms, or sub-contract any of our rights and obligations under these Terms, to any party including any company within our Group, all in accordance with applicable law.
27.8. Any notice to be given under these Terms must, subject to mandatory law, be in writing, in English and may be served by hand delivery, recorded delivery or registered post, airmail or email to: (i) in respect of notices given by you to us, our address as set out in clause 1 above or as displayed on the Website; and (ii) in respect of notices given by us to you, pursuant to the Player registration procedure (including any amendment to those details you have provided us). Any notice shall be deemed to have been received: (a) if delivered by hand, at the time of delivery; (b) if sent by recorded delivery or registered post, at 09.30 (GMT) on the second clear day after the date of posting; (c) if sent by pre-paid registered airmail, at 09.30 (GMT) on the fifth clear day after the date of posting; (d) if sent by email, at the time of sending; and (e) if sent by fax, at the time of transmission by the sender.
27.9. The Rules and any document expressly referred to therein and any guidelines or rules posted on the Website form an integral part of these Terms and shall have effect as if set out in these Terms. In the event of any inconsistency between these Terms and the Rules and/or any document expressly referred to therein and any guidelines or rules posted on the Website, unless stated otherwise, these Terms shall prevail.
27.10. A person who is not a party to these Terms has no right under any applicable law to enforce any of its terms.
ARTICLE 28 - COMPLAINTS, DISPUTES
In event of any complaint relating to the use of the Website, Services, Software including but not limited to the Terms and Conditions may be addressed by email to email@example.com or directly to the “Support” tab on the Website.
Complaints must be submitted no later than 30 days after the event giving rise to the Complaint. Otherwise the complaint will be deemed inadmissible. Upon receipt of a complaint, we will deal with your complaint and all disputes as quickly as is reasonably possible.
If, after raising your issue with our Customer Support Team, you still remain dissatisfied with the outcome, you can request the issue to be escalated to a senior member of our Operations Team, who will review your complaint and provide you with a resolution as quickly as is reasonably possible.
If we are unable to settle and/ or resolve a complaint by any of our internal procedures, you are then entitled to refer the dispute to an alternative dispute resolution (ADR) entity.
I. Players may submit an online adjudication form available at https://www.ibas-uk.com - a form can also be requested over the telephone via 0207 347 5883.
II. Players can also write to:
Independent Betting Adjudication Service
PO Box 62639
London EC3P 3AS
Alternatively, for Customers located in the EU including Players from the UK, you can refer the dispute for resolution via the European Commission’s Online Dispute Resolution (“ODR”) Platform found HERE.
ARTICLE 29 - GOVERNING LAW AND JURISDICTION
The present Terms and Conditions are subject to the UK laws, having sole and exclusive competence to recognise any dispute concerning the application or interpretation of these Terms and Conditions the courts and tribunals of United Kingdom.