Lottery online terms & conditions

Terms & Conditions of SMART WINNERS operators of the internet online lottery website www.smart-winners.com and other associated lottery websites.

Welcome to SMART WINNERS!

Your Association with lottery online Smart Winners

The use of lottery online SMART WINNERS products, software, services and web sites (hereinafter called as “Services”, any other services provided by SMART WINNERS under separate written agreement are excluded) would be subjected to the terms of legal agreement between user of services and lottery online SMART WINNERS. This document is explanatory about the drafting of referred legal agreement and sets out certain terms and conditions of the agreement.

Unless otherwise agreed in writing by SMART WINNERS, any agreement between user and SMART WINNERS would always include, certain terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

In addition to the Universal Terms, an agreement between SMARTWINNERS and user of services will also include the terms of any legal notices applicable to those Services. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for user to read either within, or through use of, that Service.

The Universal Terms, together with the Additional Terms, form a legally binding agreement between user and SmartWinners in relation to use of the Services.

It is important that you take the time to read them carefully before using services. This legal agreement is hereinafter referred as the “T&C’s”.

In matter of negation between the Additional Terms and the Universal Terms, the Additional Terms shall take precedence in relation to that Service.

Use related restriction

For the use of services, acceptance of T&C’s is necessary.

Use of cookies by the Company.

As per the changed regulations from 26th May 2011, there has been a change in rules about cookies on online websites. Cookies with small text files are used by this website, which are placed on the computer by the websites that you visit.

Cookies are used in order to make websites work more efficiently and to provide information to the owners of the website.

By joining lottery online www.smart-winners.com as a member, while signing up you agree to allow us to use Open Tracking to monitor and improve your email experience. This condition of membership is also part of the conditions of our privacy policy.

An essential cookie which enables efficient operation of part of website has already been set. You may choose to delete and block all cookies from this site but that would affect the functioning of the site. Our Terms & Conditions require that you accept cookies.

T&C’s can be accepted by:

Clicking to accept or agree to the T&C’s, wherever this option is available in the user interface for any Service;
By the actual use of Services. In this case, you understand and agree that SMARTWINNERS will treat your use of the Services as acceptance of the T&C’s from that point onwards.

The use of T&C’s and services is based on absence of following clauses that (a) you are not of legal age to form a binding contract with SMARTWINNERS, or (b) you are a person barred from receiving the Services under the laws of the United Kingdom or other countries including the country in which you are resident or from which you use the Services.

The registration and submission of your mobile and telephone details would be counted as your consent to receive promotional offers from SMARTWINNERS of the Smart Tech group and other selected reputable organisations.

You also agree to the terms and conditions of the privacy statement that govern how your information will be processed.

This document must be read in conjunction with the interconnecting, Terms of Use Policy, Acceptable Use Policy and Privacy Policy applicable to all Player Members using all or any part of our lottery online websites.

In case any of the following conditions apply to you, then you cannot register with us as a Player or seek to register as a Member through the lottery online Website (or otherwise) or play any Game on the Website for free, or follow payment of a Membership Fee:

You are under 18 years of age;
You are not acting as principal and are acting on behalf of someone else;
You are not legally capable of entering into binding contracts.

Your full registration and status of player with us, confirms and warrants that you do not fall into one or more of the three categories above and that all information provided to us by full registration and in connection with your account is complete, accurate and not misleading and each time you play a Game you repeat that confirmation and warranty to us.

Important Definitions

"Advertising & Marketing" means for the purpose of notifying members of other lottery opportunities, this company is also known as Smart Limited, and as such will from time to time inform members of new lottery products.

“Account” means the secure area of the Website, unique to a Player through which you can become a Member, pay Membership Fees, join a Syndicate and monitor any Game your Syndicate plays.

“SMARTWINNERS” the trade name of the Company.

“Cookies” On 26 May 2011, the rules about cookies on websites changed. To find out more about cookies on this website and how to delete cookies, see our privacy policy notice.

“Company” SMARTWINNERS Registered Office is at 64 New Cavendish Street,London,W1G 8TB. Our main trading address is 13 Freeland Park,Wareham Road,Poole,Dorset,BH16 6FH,UK.

“Our, us, we” mean lottery online www.smart-winners.com or SMARTWINNERS, and/or any subsidiary company or domain name used on this Website that is owned and/or operated by the Company.

“Gold, Give it a go” means one or more of a Syndicate of that name entering specified Games as set out on the Website from time to time.

“Gold” means one or more of a Syndicate of that name entering specified Games as set out on the Website from time to time.

“Silver” means one or more of a Syndicate of that name entering specified Games as set out on the Website from time to time.

“Bronze” means one or more of a Syndicate of that name entering specified Games as set out on the Website from time to time.

“Full Registration” means the process of successfully registering and being accepted as a Player by providing your name, address, email address, mobile telephone number and date of birth together with such other information as our online registration form may require from time to time.

“Game” means the various draws or other games of chance entered by being a Member of our Bronze, Silver or Gold packages, or any other games including free to enter promotional games, we may choose to offer from time to time whatever the name, title or any other such means of identification, and which may have unless specifically stated, variations in the numbers of syndicate members.

“ID Information” means information used to establish the identity of a Player, which includes, but is not limited to, inspection of the Player's passport, drivers licence and utility bills.

“Maintenance fee” means a fee of £5.00 per quarter charged by the Company for the maintenance of a “Dormant account”, the fee being chargeable against any funds in a members account. The first charge being payable three months after the account becomes dormant. In the event that no funds are available in a members account, no charge will be made, but after a period of six months the account may be closed.

“Marketing promotions” means the Company’s right to market by any means available to it, to any of its members, any promotional marketing material from any related source, associated companies and sponsors, including the Smart Limited.

“Member” means a Player who has paid the Membership Fee and been accepted by us for membership of a Syndicate and whose Account has not been terminated or suspended by us.

“Membership Fee” the monthly payment required to be a Member and to join and continue to be in a Syndicate and if you are in more than one Syndicate the collective monthly payments for each of the Syndicates you are in.

“Mobile” means a mobile phone that is capable of sending and receiving Short Messages, which is registered on one of the Mobile Networks.

“Mobile Network” means any UK mobile phone network that is capable of delivering Short Messages.

“Mobile Number” means the mobile phone number of a Player that is held on our system as provided in the process of full registration.

“Mobile Play” means a transaction which is made by a Player or Member by sending a Short Message containing a Mobile Request via a Mobile.

“Mobile Request” means a Player's request to be entered into a Syndicate contained in a Short Message.

“Passwords and account security” means you agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify the Company immediately.

“Player” means a person legally eligible to participate in a Game, who has successfully completed Full Registration and who's Account has not been terminated, suspended by us or become a dormant account.

“Short Message” means a message containing numerical or text characters or both, either sent or received using a Mobile.

“Short Message” means a Short Message sent to a Member by the Company Confirmation confirming that Members request to join a Syndicate.

“Syndicate” means a group of Members, participating in a Game and specifically identified by a unique identification number allocated by the Company to the Syndicate in question.

“Syndicate Manager” a representative of the Company who is a member of a Syndicate.

“Universal terms” means all Rules & Regulations and Terms and Conditions applicable to this website wherever stated.

“Winnings” means any monies won by a Syndicate in any Game.

“Possible billing descriptors” NETPAY14 or SMART WINNERS or ALW* smartwinner18557307788

lottery online “Website” means www.smart-winners.com .

Smartwinners Declarations

We do not promote a lottery and are not lottery promoters.
We are not a gambling or gaming Company, nor do we sell lottery tickets.
We are not nor need to be regulated by the Financial Services Authority a Syndicate does not amount to joining a collective investment scheme.

There is no guarantee of receiving any Winnings and we in no way guarantee you any return on your Membership Fee when you Join a Syndicate and play any Game through the Website.

We reserve the right to provide any other type of alternative legally licensed lottery draw, other than those specifically referred to in these terms and conditions.

Membership

Once accepted as a Player you may apply to become a Member by selecting a Game and applying to join a Syndicate. You can become a Player by completing Full Registration.

Membership entitles you to the right to an equal share in any Winnings of a Syndicate of which you are a member, for the period you remain a Member.

Your application for Membership constitutes an offer to us and is subject to acceptance by us. Becoming a Member is dependent upon receipt by us, of your Membership Fee in cleared funds and satisfaction that you meet the requirements for membership as set out on the Website from time to time. But we reserve the right to reject any application at our discretion without giving any reason for same.

If your application to become a Member is accepted, a confirmation of your membership will be sent to you together with details of your Syndicate, by e-mail to the email address you have supplied.

Membership status can be cancelled at any time by giving not less than 28 days notice in writing at the contact us address shown on the Website or by email to [email protected]. we will then notify you of the date you will cease to be a Member.

During the notice period you will be eligible to participate in the Syndicate but no further Membership Fees will be payable or accepted by us. If you are paying your Membership Fee on an ongoing subscription basis and wish to cancel your Membership please see the section on “Subscription Payments” below.

After the date you cease to be a Member you shall not be entitled to any Winnings whatsoever in relation to any Syndicate. You can reapply to be a Member at any time in accordance with the terms and conditions but there is no guarantee that you would be given previous status.

You do not have to cease to be a Member to leave a Syndicate provided you are joining an alternate Syndicate playing the same or a different Game. Please see the section on “Management of Syndicates” below.

We reserve the right to refuse, membership to an applicant belonging to certain countries or jurisdictions from time to time.

Membership Fee

The Membership Fee is a charge for the provision of a management service of each Syndicate and is not for the purchase of lottery tickets in any Game.

Membership Fee has to be paid by you, for a Syndicate playing the game you wish to join, in cleared funds, on or before the monthly subscription date as set out on the Website.

The Membership Fee for any Syndicate can be changed with the 14 days prior written notice to such change. Written notice can be by an e-mail,or by a notification on the Website.

Membership Fee must be paid by credit or debit card, international money order, bankers draft or UK bank or building society cheque. We may accept other payment methods from time to time at our sole discretion.

If a Member gives debit card details relating to a bank (or building society) account held jointly with another person, they accept that Winnings won by that Member may be paid into such joint account.

Registration

You must ensure that you comply with all laws and regulations in any jurisdiction where you are located or resident and that you have unrestricted right of using this website, to register as a player, member and to join a syndicate.

You must register as a Player and obtain an Account before becoming a Member. To become a Member you must choose a Game, pay the Membership Fee and join a Syndicate. You can register to have an Account as a Player at any time without obligation to pay a Membership Fee, to do so you must complete the Full Registration process.

A secure password, knowledge of which is with you only, would be requested from you at the time of full registration. Any failure to keep password private could lead to unauthorised activities from your account.

Your registration as a player implies that you agree to be solely responsible for use of this website or any game played through your account and that you abide by the rules of those games , which may be changed time to time.

Any transactions made through your account and password implies that, you are logged on and playing any game. We accept no liability for any monies or information lost, changed or misused, if a third party has accessed your account.

We reserve the right to ask for proof of age and ID Information to verify your identity at any time and may carry out spot checks on our Players and Members.

We reserve the right to conduct checks against any of the details provided to us including proof of residence. Failure to provide substantiated proof of age or other requested ID Information will result in the suspension of your Account.

Any monies or Winnings due or requested during this time will be withheld by us until the requested ID Information is provided.

We shall not be obliged to provide you with any reasons, if we refuse to register you and/or to suspend and/or terminate your account at any time at our sole discretion.

We reserve the right to suspend any payment of monies from or into your Account or to you if there is manipulation of our financial system or reasonable suspicion, or evidence, of a breach or suspected breach of any applicable law, regulation, or a breach by you of the various terms and conditions which govern your use of the Website, playing any Game and/or being a Member of a Syndicate.

In an event of no use of account for a period of 28 days, it shall become dormant and not capable of making payments of Membership Fees or of joining a Syndicate. A Player must request in writing at the contact us address shown on the Website or by email to [email protected] that their account needs to be reactivated.

Right to Cancel

Management of a Syndicate and the purchase of any tickets for a Game a Syndicate is playing is an ongoing process. The process of managing the participation in the Syndicate starts immediately the moment Player pays the Membership Fee. Therefore you are unable to cancel your membership for the month in which you have paid the first Management Fee. By agreeing to these terms and conditions you accept that your right to cancel your Membership under the Consumer Protection (Distance Selling) Regulations 2000 shall not apply.

We do have a refund policy in respect to periods falling after the first month of being a Member, please see the section on “Subscription Payments” below.

You will cease to be a Member, if you are not part of a Syndicate but you will remain a Player (provided you continue to access Your Account) and may, subject to these terms and conditions, apply to become a Member again.

Payment for Subscription

Membership Fee can be paid one month in advance by a member registering to join a Syndicate (if the option is available). Such a Member will then participate in that Syndicate on an ongoing basis until such time as the amount of Membership Fee paid is exhausted (at which time a Member may continue to be a Member of a Syndicate by paying the Membership Fee again) or until the Member gives notice of their wish to leave that Syndicate by giving 28 days notice in writing by e-mail to [email protected] or by writing to us at the “contact us” address shown on the Website. We would confirm the date your membership of that Syndicate ceases and any Membership Fee paid for that Syndicate for a month that falls after the cancelation date shall be refunded. This will not affect your membership of any other Syndicates.

A Member may in registering to join a Syndicate can choose to have their credit or debit card charged on an ongoing monthly basis, such a Member will then participate in that Syndicate on an ongoing basis until such time as the Member gives notice of their wish to leave that Syndicate by giving 28 days prior notice in writing an e-mail to [email protected] or by writing to us at the contact us address shown on the Website. We will then confirm the date your membership of that Syndicate ceases and no further payments in respect to that Syndicate will be taken for any month after that date. This will not affect your membership of any other Syndicates.

By choosing to pay the Membership Fee on an ongoing monthly basis the Member agrees in advance to all debits from his credit or debit card as required for the Syndicate a Member is in, including circumstances where the Membership Fee for any Syndicate changes after the first monthly Membership Fee is paid. we reserve the right to immediately suspend and or terminate your status as a Member without any liability to you whatsoever for Winnings or otherwise, if payment of the Membership Fee is not made on the due date for any reason (including but not limited to credit card or debit payment card failure), without limiting any other rights we may have.

Management of Syndicates

Each Syndicate will have certain number of members together with a Syndicate Manager appointed by the Company who shall form part of the Syndicate.

Draw numbers applicable to your Syndicate would be provided on the log in page of your Account which you will be able to access using the user name and password which you have supplied to us.

If you for any reason do not like the draw numbers applicable in your Syndicate you may request that you be moved to an alternate Syndicate playing the same Game by writing to us by e-mail to [email protected] or by writing to us at the contact us address shown on the Website. We offer this facility prior to any draw taking place in a Syndicate that you have joined. We do not guarantee you will be moved to any specific Syndicate, only that it will be a different Syndicate from the one you joined and it will be playing the same Game.

The Syndicate Manager will be responsible, on behalf of the Company, for:

Ensuring equal amount of Membership Fees paid by all Members of a Syndicate in each month they participate, with the exception of any entries maintained by the Company in order to constitute a proper Syndicate.

The advanced purchase of tickets for each Game that the Syndicate enters which shall be acquired in the Syndicate Manager’s name or other representative of the Company. For the avoidance of doubt no tickets are purchased in the name of, or on behalf of, a Member.

Ensuring that any Winnings are divided equally between the Members of a Syndicate.

In the event of a big win that the identity of the Members of a Syndicate that have opted for “no publicity” will be kept private to the extent possible.

Maintaining historic details of a Members “active membership” record.

Reasonable measures are taken to ensure that each Syndicate has different lottery numbers from other Syndicates but this cannot be guaranteed. Duplication can and may occur in certain circumstances and the Company accepts no responsibility whatsoever for a dilution for perceived Winnings, or otherwise, in this event.

We reserve the right to merge Syndicates under certain unexpected circumstances such as where two or more Syndicates have less than the required number of Members. The right to alter the number of Members required to be in any Syndicate is reserved by us at our discretion and without notice.

A Member may join, simultaneously, up to six different Syndicates, (for the same Game or a different Game subject to availability). Your log in details and password would be asked every time you access other syndicate.

Winning payments

Winnings will be evenly distributed to Members of a Syndicate which has won a Game as soon as possible after receipt of cleared funds from the UK National Lottery, EuroMillions Lottery operator, UK National Savings and Investments Premium Bond draw, and/or any other legally licensed and constituted lottery operator throughout the world which we may choose to use from time to time. Winnings of over £50,000 may take longer to process and distribute as the method of claiming prizes at or above this level is more involved than for lesser Winnings and will require proof of age and identity of the Syndicate Manager or other Company representative.

Distribution of Winnings to a Member of up to £250 will be by Postal Order or Cheque and for amounts above £250 by a UK Sterling Cheque, or credited to a Credit or Debit Card in your name used to open your Account or to an account that has or is used to make Membership Fee payments to the Company.

If an alternative method of payment for their percentage of any Winnings is requested by a member, it will be at the discretion of the Company whether or not to comply with such a request, considering the appropriate financial rules and regulations that may apply in such circumstances. In an event of choosing an alternative method of payment, an administration charge would apply and deducted from the members share of any winnings before payment.

For certain countries or jurisdictions we reserve the right to refuse a request to transfer funds as we may dictate from time to time.

All Winnings are subject to there being a minimum amount due to a syndicate member of £20, unless the member requests a payment to be made at the time of closing their account.

Special Draws

Additional Games can be offered time to time for inclusion in a Syndicate, or offer a separate game that can be played by a Member and/or a Player as a standalone entry. In either case an additional charge may be made for entry into the game or Game or at the Company's discretion be a free or bonus game. The rules which apply to such a game shall be published on the Website at the time such is offered.

“Free Draws” if advertised to members of the general public means that any member of the general public over the age of 18 years of age, may participate in a “free draw” without having to make any form of purchase. Those members of the general public may avail themselves of this facility by writing to the Company at 13 Freeland Park,Wareham Road,Poole,Dorset,BH16 6FH,UK or by E-mail to [email protected] .

Licence (Subject to Restrictions on Use)

A personal, worldwide, non-exclusive, royalty-free, non-assignable and non-transferable licence to use the software for the Games (the ‘Software’) is granted, strictly for the participation only in games in accordance with these terms and the rules of the Games. You may use the Software on any computer to which you have user rights, provided always that you comply with these terms and the rules of each Game.

Except to the extent that certain activities cannot be prevented pursuant to the Copyright, Designs and Patents Act 1988, you may not reverse engineer, decompile, disassemble, modify, translate or make any attempt to discover the source code of the Software or any material on our site or used for any of the Games. You may not sub-license, nor assign or transfer this licence, nor rent, lease, licence or sub-license the software or any part of it or any of the Games or any part of them.

Any downloading, use or copying of Website is strictly prohibited and, in particular, you agree to use the Website solely for your own personal, non-commercial use and not for any business, commercial or public purpose.

Express prior written permission of SmartWinners is required for the following activities, which are otherwise prohibited:

the re-use and/or aggregation of any of the Website Materials in the provision of a commercial service
the deployment within this website of any spider, robot, web crawler or other automated query program;
the copying and use of third party Website Materials accessed via this website is governed by the terms of use applicable to the third party site which you have accessed.

Content in the provision os Services

The data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images which you may have access to as part of, or through your use of, the services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

Intellectual property rights may protect content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services, which are owned by the sponsors or advertisers who provide that Content to SMARTWINNERS (or by other persons or companies on their behalf). You cannot modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by SMARTWINNERS or by the owners of that Content, in a separate agreement.

Copyright and other rights are retained in you for the content which you submit, post or display on or through, the Services.

The Smart Limited and SMARTWINNERS you give a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling SMARTWINNERS to display, distribute and promote the Services to and through other connected companies with whom we have a relationship.

You agree that this license includes a right for SMARTWINNERS to make such Content available to other companies, organizations or individuals with whom SMARTWINNERS has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

Your Legal Rights and Privacy Policy are not otherwise affected.

IP Rights

EuroMillions is the trademark of Services aux Loteries en Europe. The National Lottery and Lotto are trademarks of the National-Lottery, operated by Camelot Group Plc. Premium Bonds are the trademark of National Savings and Investments. The Company is not connected with Camelot Group PLC, The National Lottery or Services aux Loteries en Europe operators of the EuroMillions Lottery, Premium Bonds or any other lottery companies or betting facility providers.

The Company is an entirely independent operation and any resemblance to actual lottery companies or operators of draw based games is purely coincidental. We are not connected to or approved by any of the companies, organisations, or any other bodies that are related to any Game that are used in any Syndicates.

The chance for the above relationship to change exists, if the company chooses to apply to any of the above corporate bodies to be either an affiliate or a retailer, or becomes associated in any other way.

The Membership Data Base which SMARTWINNERS uses in connection with this website is operated by the Smart Limited who reserves the right to use content information to inform, advertise and promote other similar products which are owned or operated by associated companies of SmartWinners.

Liability

INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Company may also make improvements and/or changes in the products described in this information at any time without notice. Information on this website for certain purpose may be incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.

COMPANY IS NOT LIABLE IN ANY EVENT TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR ON ANY OTHER HYPER-LINKED WEBSITE INCLUDING, WITHOUT LIMITATION, ANY LOST WINNINGS, PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER INCLUDES THE EVENT OF AN INCORRECT ACQUISITION OF SYNDICATE NUMBERS OR LINE ENTRIES RESULTING IN A LOSS OF PRIZE MONEY HOWSOEVER CAUSED INCLUDING HUMAN ERROR.

In the event of a failure of any of the company’s back office systems or malfunction of the Website, which impacts upon a Member and which has a material adverse effect on any Members ability to participate in a or any Game, the Company shall, at its discretion, either:

Offer the affected Member a place in either the same or another Syndicate, for a similar period of time to that period for which the member was unable to participate in a Game.

Refund to the affected Member the sums paid by that Member in joining a Syndicate for the month in question.

Amendments to Terms & Conditions

The Company reserves the right, in its sole discretion, to correct any errors or omissions in any part of the Website. In addition, the company may change, suspend or discontinue any aspect of the Website and/or a Game in its absolute discretion at any time and for any reason without notice or liability.

The Player / Member should use proper skill and care in the use of such information, including the checking of such information against other sources where appropriate, and is wholly responsible for any expenditure made based upon such information.

The Company may amend, modify or supplement all terms and conditions on the Website at any time. Such amended, modified or supplemented terms shall be automatically effective seven (7) days after being posted on the Website. The foregoing shall not affect any transactions which are in progress as of the date and time of such amendment, modification or supplementing, which transactions shall continue to be governed by the previous terms and conditions.

Force Majeure

The Company shall not be liable for any delay or failure in performance of any part of its obligations to the extent that such delay or failure is caused by any cause beyond its reasonable control including, without limitation, fire, flood, strikes, lock-outs, hardware, software or telecommunications failure or any government action.

The Company shall be entitled, without any liability on its part, to alter, suspend or terminate any of its services on the Website or otherwise to comply with any legal or regulatory requirements.

Mobile Phone Communications

No guarantee is given that a Mobile Request will be received by the Company, or that a Short Message Confirmation will be received by a Player or Member. If a Short Message Confirmation is not received by a Player or Member that Player or Member is responsible for accessing their Account on the Website and checking they have been included in the Syndicate they wished.

Players and Members are responsible for providing and maintaining their Mobile, for ensuring that their Mobile is secure at all times, for ensuring its connection to the Mobile Network and for ensuring it is properly maintained and is functioning correctly for payment of all charges and fees charged by their Mobile Network operator (including without limitation the cost of any Short Messages sent to the Company and all other charges to which they may be subject).

Void Clauses

Should any part of any terms and conditions on the Website be found by any court or competent authority to be illegal, void or unenforceable, then that part shall be deemed not to be a part of the terms and conditions and the enforceability of the remainder of the terms and conditions shall not be affected.

Choice of Law

The terms and conditions shall be governed by and construed in accordance with English law.

The Company, the Member and/or Player irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English Courts although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.

The right to content of this website is owned by SMARTWINNERS and Smart Tech. Any person who does an unauthorized act in relation to this publication would be liable for criminal prosecution and civil claims for damages.