Terms and Conditions

1.1 The websites at www.giantlottos.com (together, the “Website” and trading as "GIANTLOTTOS") is owned and operated by Mika Online Ltd, registered address at DPC, Vernon Road, Stafforshire. ST4 2QY.

2 REGISTRATION AND ACCEPTANCE OF THE CONDITIONS

2.1 These terms and conditions (“Conditions”) include the terms of the GIANTLOTTOS privacy policy, which may be accessed from the "homepage" of the Website.  Accordingly, all customer personal information will be treated confidentially and will not be sold or otherwise transferred to third parties.
2.2 If a player accesses the Website or registers with GIANTLOTTOS via the Website, they will be deemed to have accepted these Conditions.  Players may copy these Conditions and store them for future reference.  Players must read the provisions set out below carefully and confirm their agreement to them before using the Website.
2.3 Players will be required to create an ID and password to open an account with GIANTLOTTOS. Instructions for registration can be found on the “Register Now” section of the Website. Players are asked to ensure that their player ID and password remain strictly private and confidential at all times. Players must notify GIANTLOTTOS immediately of any unauthorised use or suspected unauthorised use of their player ID or password, or of any breach of security known to them. Players are responsible for all activities which occur under their player ID and password, save where such activities occur as a result of GIANTLOTTOS’s negligence.
2.4 Players must satisfy the following criteria for registration on the Website: 
(a) it is lawful for them to receive the Services (as defined in Clause 3.1 below) from GIANTLOTTOS in the jurisdiction in which they are located;
(b) aged at least 18 years of age; and
(c) provide a valid full name, address (including postal or zip code), contact telephone number and email address.

2.5 It is the Players’ responsibility to ensure that they comply with any and all laws applicable to them before registering or participating in any activity through the Website. 
2.6 Players residing or present in any jurisdiction where receipt of the Services would be a prohibited activity are not permitted to register on this site or receive the Services.
2.7 GIANTLOTTOS its agents and anyone on their behalf make no representations or warranties, expressed or implied, as to the lawfulness of any player’s participation in any activity through the Website including, but without limitation to, the legality of the receipt of Services by players in thier residing jurisdiction. 
2.8 GIANTLOTTOS reserves the right to require players to verify that they are eligible to register on the Website, to carry out checks or request information from players from time to time (during and after registration) and to refuse, suspend or cancel registration of an account in its absolute discretion (for example, including but not limited to if a player provides any false, invalid or misleading information).
2.9 On completion of registration, players will be notified by email that their account is open and they will be able to use GIANTLOTTOS to purchase tickets for lotteries or services delivered by GIANTLOTTOS in accordance with these Conditions.

3 PLAYING LOTTERIES WITH GIANTLOTTOS
3.1 GIANTLOTTOS provides a service of purchasing tickets, on behalf of players, for official lotteries as set on the website (each regulated by either the National Lottery Commission, An Post National Lottery Company,
Loterías y Apuestas del Estado, Sisal, MUSL, Camelot Plc, or Tattersall’s), the service may also include other lotteries as displayed on the Website (together “Official Lotteries”).  GIANTLOTTOS may also offer additional services as set out on the Website.  Together, the service of purchasing tickets for Official Lotteries and the additional services are the “Services”.  Any information on the Website about the Services, including the price for such Services, are an invitation to submit a request to purchase tickets in an Official Lottery (a “Submission”) and perform additional services (a “Subscription Request”) only and not an offer to purchase or perform them.
3.2 Prices on the Website are displayed in pounds sterling (unless otherwise stated) and are inclusive of VAT (if applicable).  Charges for the Services will be in accordance with the fees stated within the “FAQ” of the Website.
3.3 Financial transactions to add funds to player's online member accounts are made using a credit card or by bank transfer.  Players may add credit to their online member accounts via the Websites using the secure encrypted payment gateway.  Payment by credit card is subject to authorisation by the credit card issuer.  If authorisation is refused, GIANTLOTTOS will not be liable for any delay or non-delivery of Services and the Submission and/or Subscription Request will be deemed to be cancelled.  The minimum amount that a player may credit their account with is £10 sterling and the maximum is £400 sterling during any single transaction. 
3.4 GIANTLOTTOS maintains a policy of responsible play, and reserves the right to monitor, suspend or cancel a player’s online member account (or advise players that they may be at risk of such action) if it believes players are purchasing an excessive amount of the Services.
3.5 All ticket purchases will be debited from the credit card players register on the Website (or from players’ online members accounts in the case of bank transfer) immediately. Credit card transactions will appear on players’ billing statements as Mika Online Ltd.
3.6 No refund and/or amendment is available once GIANTLOTTOS has received a player’s instructions to proceed with the purchase of a ticket.  Submissions or Subscription Requests can be amended until players click on the “Confirm Payment” link, after which time they cannot be amended or refunded as ticket purchase instructions, and/or instructions to provide the additional services, will have been sent via GIANTLOTTOS’s secure server.
3.7 Players can cancel their membership at any time by sending an email to info@giantlottos.com stating that they wish to cancel their membership.  If a player cancels their membership, or if GIANTLOTTOS suspends or cancels an account (under Clauses 2.6 or 3.4 above), any monies held within a player’s online member account will remain in their account until verified payment instructions are received.  Players can instruct GIANTLOTTOS to repay monies from their online member accounts by sending a transfer request on the “contact us” section of the Website.  Payments will be made to the current bank account details held by GIANTLOTTOS in the player’s choice of Euros, US dollars or Pounds sterling.  Repayments will be paid at the rate of exchange given through GIANTLOTTOS’s money transferring company and/or banking institution, less any interest accrued and any banking transaction and service fees, as set out in the fees payable section in the “FAQ“ section of the Website.  
3.8 By making a Submission, the player appoints GIANTLOTTOS to act as their agent in facilitating the purchase of tickets in an Official Lottery on behalf of the player and to distribute any winnings received from an Official Lottery.  GIANTLOTTOS is the sole owner of lottery tickets purchased on behalf of a player.  GIANTLOTTOS also acts as the sole distributor to the player of any winnings achieved by a match in the numbers on the ticket purchased by GIANTLOTTOS and the corresponding lottery results in accordance with the rules of the Official Lottery.
3.9 Submissions to purchase tickets for the Lotteries offered on GIANTLOTTOS website must be received by GIANTLOTTOS before the automated cut-off time of 2 (two) hours prior to each respective official lottery draw.
3.10 By making a Subscription Request, the player agrees to engage GIANTLOTTOS to provide the Services as selected from those set out on the Website.  The additional services include notifying players via email of the expected amount of the next ‘jackpot’; and whether a player is a lottery winner.  Email and/or SMS messages may also include occasional promotional correspondence in accordance with the GIANTLOTTOS Privacy Policy.  After subscribing to the additional services, should a player no longer require such services, they can email info@giantlottos.com requesting that they unsubscribe from the services.
3.11 It is the players’ responsibility to ensure that any information or instructions given to GIANTLOTTOS are correct and accurate (e.g. the correct numbers requested for a lottery ticket or the correct banking details).
3.12 Should any player not receive confirmation that:
(a) GIANTLOTTOS has successfully purchased a ticket on their behalf via email within 30 minutes after making a Submission; or
(b) they have been subscribed to the additional services via email or SMS within 30 minutes after making a Subscription Request, please email GIANTLOTTOS at info@giantlottos.com
.

4 WINNINGS
4.1 All winnings in respect of individual tickets purchased by GIANTLOTTOS on behalf of players in accordance with their instructions will be credited to players’ GIANTLOTTOS online member accounts within 10 working days of receipt of winnings to GIANTLOTTOS from the Official Lottery.  Winnings will be held in a player’s online member account, until GIANTLOTTOS receives instructions from the player to transfer the winnings.
4.2 On receipt of full and verified instructions received via the “Contact Us” section of the Website GIANTLOTTOS shall transfer monies from the player’s online member account to the current bank account details held by GIANTLOTTOS in the player’s choice of Euros, US dollars or Pounds sterling.  Winnings shall be paid at the rate of exchange given through GIANTLOTTOS’s money transferring company and/or banking institution, less any interest accrued, and less the 5% agency fee (for winning amounts exceeding £1000) as well as less any banking transaction/ service fees, as set out in the fees payable section on the “FAQ” section of the Website. 

5 FRAUD
5.1 In the event of any player being engaged in any kind of fraudulent behaviour (in GIANTLOTTOS’S reasonable opinion) in relation to these Conditions, any tickets purchased on behalf of the player by GIANTLOTTOS will be the sole property of GIANTLOTTOS and any lottery winnings shall also be the sole property of GIANTLOTTOS.  GIANTLOTTOS reserves the right to notify the relevant authorities of any such fraudulent behaviour.
5.2 Players are not permitted to request the Services or otherwise use or access the Website from any jurisdiction in which it is unlawful to request the Services.

6  LIABILITY
6.1 Except in respect of death or personal injury caused by GIANTLOTTOS’s negligence, GIANTLOTTOS, its officers, employees, agents and affiliates cannot be held liable:
(a) if a player’s Submission was incorrect or received after the stated cut-off time and therefore too late for a draw (in particular if the player had a winning combination in that particular draw).  The player shall however have the option to make a Submission in respect of the next draw;
(b) for any losses caused by players, including unauthorised access to an online account or failure to follow GIANTLOTTOS’s reasonable instructions (whether oral or in writing);
(c) for any refusal, suspension or cancellation of a player’s account under Clauses 2.6 or 3.4 above;
(d) for any error during GIANTLOTTOS's ticket purchasing process inclusive (but not exclusive to) technical, batching, retail outlet, or purchasing error. GIANTLOTTOS shall however agree to immediately re-credit a players account for the cost of ticket(s) ordered should an error that falls within this clause be made;
(e) for any error, omission, interruption, deletion, defect, malfunction, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to player’s accounts, or submissions or requests which are lost, corrupted, damaged or delayed as a result of (GIANTLOTTOS or player) server functions, technical issues, virus, bugs or other causes outside GIANTLOTTOS’s reasonable control; 
(f) for any downtime or malfunction of the Website;
(g) in contract, tort (including but without limitation, negligence or breach of statutory duty) or for any misrepresentation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Conditions, for:
(i) any loss that is not foreseeable including special, indirect or consequential loss; or
(ii) loss of profit, loss of a chance, loss of business, damage to reputation, loss of goodwill, 
which arises out of or in connection with the provision of the Services, the purchase of tickets in an Official Lottery or the use of or access to the Websites;
(g) for any delay in performing, or any failure to perform, any of its obligations in relation to the provision of the Services and/or the purchase of tickets on behalf of a player if the delay or failure was due to any of the following acts of force majeure beyond GIANTLOTTOS’s reasonable control:
(i) act of God, explosion, flood, tempest, fire or accident;
(ii) war or threat of war, terrorism, sabotage, insurrection, civil disturbance or requisition;
(iii) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(iv) strikes, lock-outs or other industrial actions or trade disputes; or
(v) power failure or breakdown in machinery.

7 MISCELLANEOUS
7.1 GIANTLOTTOS reserves the right to modify these Conditions if it is reasonably necessary to do so.  Any changes will be notified on the Website.
7.2 If it is reasonably necessary to do so GIANTLOTTOS reserves the right to withdraw the Website or any of the Services without prior notice.
7.3 Players agree not to cause any virus or other harmful materials to be uploaded onto or otherwise affect GIANTLOTTOS’s servers or computer systems.

8 INTELLECTUAL PROPERTY
8.1 The names, images, pictures, logos and icons identifying GIANTLOTTOS and its Services are, unless otherwise stated, its intellectual property.  Other products, pictures, images, logos, and icons and company names mentioned on the Website may belong to other companies. 
 8.2 All intellectual property rights in the design, content and arrangement of the Website (including its text, domain name and graphics, all software compilations or underlying source code, and all other material on the Website) are reserved by GIANTLOTTOS or its content and/or technology providers.
8.3 Players may not use any materials contained on the Website for any purpose other in connection with the Services.  As noted in Clause 2.2 above, players may take a copy of these Conditions, which must be used strictly for their own records.
8.4 Access to the Website is on an "as is" basis and GIANTLOTTOS gives no further warranties, whether express, implied or statutory including, but without limitation, the implied warranties of satisfactory quality or fitness for a particular purpose of the Website or the availability of the Website.
8.5 GIANTLOTTOS and the Website are neither associated nor endorsed by National Lottery Commission, An Post National Lottery Company, Loterías y Apuestas del Estado, Sisal, MUSL, Camelot Plc, Tattersall’s, nor any other lottery or lottery operator.

9 INTERPRETATION
9.1 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re enacted or extended at the relevant time.  The headings in these Conditions are for convenience only and shall not affect their interpretation.  Where the context dictates in these Conditions, the singular shall include the plural and vice versa and any gender includes the other genders.  Any reference to a clause shall mean a clause of these Conditions.

10 GENERAL
10.1 These Conditions are personal to the player and cannot be assigned or transferred to any other person.  Players may not sub-contract any of their obligations under these Conditions.  GIANTLOTTOS may assign, transfer or subcontract the performance of its rights or obligations under these Conditions.
10.2 No variation of these Conditions will be valid unless authorised in writing by one of GIANTLOTTOS’s duly authorised representatives.
10.3 No waiver by GIANTLOTTOS of any breach of these Conditions by a player shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.4 Nothing in these Conditions shall constitute or be construed as constituting a partnership or joint venture between GIANTLOTTOS and a player; or shall authorise either party to enter into contractual relationships or incur obligations on behalf of the other.
10.5 An entity which is not expressly a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999, or otherwise, to enforce any term of these Conditions.
10.6 If any provision of these Conditions is found by any competent authority or a court of law to be invalid or unenforceable for any reason, the remainder of these Conditions shall continue in full force and effect.
10.7 These Conditions represent the entire agreement between the parties relating to their subject matter and supersede all such prior agreements, arrangements and undertakings between the parties.  Players have no remedy in respect of any untrue statement innocently or negligently made by or on behalf of GIANTLOTTOS prior to entering into these Conditions which they relied upon in entering into these Conditions whether such representation was made orally or in writing. 
10.8 These Conditions shall be governed by and construed in accordance with the laws of England in the English language.