Last Updated: 9th of June 2010
1.1. These terms and conditions govern your Registration with and Membership of Oz Lotteries, OzLotteries.com, the Account with OzLotteries.com which we will open in your name if we accept your Application for Registration, and all aspects of your transactions with us.
1.2. Application to join Oz Lotteries as a member is only available from the Registration pages, members are not able to join Oz Lotteries via any other method. Oz Lotteries hosts three (3) registration pages for members to apply for membership:
1.3. It is a requirement of submitting an application for Oz Lotteries membership that you read carefully, and agree to, these Terms and Conditions.
1.4. By Submitting an application for membership you are acknowledging that you have read, understood and accept, and that you will be bound by all of these Terms and Conditions if we accept your Registration. Registration occurs when we accept your Application for Registration.
1.5. Upon Registration, you will become a Member of OzLotteries.com.
1.6. We strongly advise that you seek expert legal advice in the jurisdiction in which you are located should you require assistance with, or explanation of, any of these terms and conditions.
1.7. When you apply to join OzLotteries.com, you are making an offer to us to enter into an agreement with you on these Terms and Conditions.
1.8. If and when we accept your application, we are accepting the offer you have made to us in New South Wales, Australia. You are deemed to receive notification of that acceptance in New South Wales and an agreement between you and us is formed in New South Wales based on these Terms and Conditions and governed by the laws, and subject to the jurisdiction, of the courts of New South Wales.
1.9. Every time you offer to make a Ticket Purchase from us, you are doing so in New South Wales, Australia pursuant to these Terms and Conditions and we are accepting that offer in New South Wales.
"Oz Lotteries" means the websites and associated business conducted via those websites by TMS Global Services Pty Ltd, available at the following locations:
"Registration Page" means the application forms in which members apply to become a member of Oz Lotteries, available at the following locations:
"Lottery Supplier" means the providers of licensed lottery products which Oz Lotteries purchases on behalf of its members.
"Identity Verification procedures" means the set of procedures Oz Lotteries requires members to complete in order to comply with these Terms and Conditions. Guidance on the procedures is available at the following locations:
"Cut-off time" means the time which Oz Lotteries stops receiving offers to purchase from its customers for individual lottery games.
"Lottery Game Rules" means the set of rules published by the Lottery Providers and approved by the relevant regulatory bodies which dictate how licensed lottery games Oz Lotteries sells to its members operate.
"Oz Lotteries account" means the password protected section of the Oz Lotteries website only accessible by the member. Access to a members Oz Lotteries account is available at the following locations:
3.1. The laws applicable in your location or place of residence, domicile or nationality may prohibit you from making Purchases from us. Some jurisdictions have laws which entirely prohibit you from making Purchases from us, other jurisdictions have laws which prescribe minimum age requirements for making Purchases from us, and other jurisdictions have laws which operate in other ways to prohibit you from making Purchases from us.
3.2. We do not wish to violate any such law nor to allow you to make Application for Registration or to make Purchases from us where your doing so would violate any such law. If you are located in or are a resident, domiciliary or national of any jurisdiction where you are subject to any such law, you must not make an Application for Registration or Purchases from us. You must make your own enquiries, and satisfy yourself, before you make application for registration or to make purchases from us, to ensure that your doing so will not violate any such law.
3.3. The minimum age requirement for joining OzLotteries.com in New South Wales, Australia is 18 years, however in your jurisdiction the minimum age may be greater than 18 years.
3.4. When you make Application for Registration and each time you make an offer for a Ticket Purchase from us, you warrant that you are legally entitled to apply for Registration, to deposit funds with us, to make Purchases and to receive winnings from us, and that your Registration as a Member, deposit of funds, Purchases and receipt of winnings from us will not in any way violate any applicable laws of your location or place of residence, domicile or nationality.
3.5. We rely upon your warranty when we accept your Application for Registration, open your Account, accept your deposit of funds, accept your offer for Purchases, and pay you any winnings and you indemnify us from any loss arising from your warranty being incorrect.
3.6. When you make an Application for Registration you provide us with certain information. It is your ongoing responsibility to inform us of any changes in the information you have given us.
3.7. We rely on this information being true and correct and not misleading. If we believe on any reasonable grounds that the information is untrue, incorrect or misleading in any way, we may, in our sole and absolute discretion, cancel your Registration or cancel and dishonour any Purchases by you or offers to make Purchases from you, and we may retain (or recover from you) the value of those Tickets and any winnings paid to you and we may suspend and/or exclude you from any further Purchases.
3.8. By making an Application for Registration, you authorise us to make such enquiries as we consider necessary in our sole and absolute discretion to verify the personal information provided by you. Please refer to our Privacy Policy for additional details about the use of your personal information.
3.9. Oz Lotteries is a fully accredited sales agent of licensed lottery products; as a member of Oz Lotteries you receive the same rights as any customer buying lottery products from an accredited agency of our lottery providers.
3.10. Except to the extent that liability cannot be excluded by law, we will not be liable for any direct, indirect, incidental or consequential loss, loss of a chance, damage (including but not limited to damage for loss of profits, business interruption, loss of programs or information, and the like), expense, claim (including but not limited to any claim attributable to errors, omissions or other inaccuracies in the OzLotteries.com site and the OzLotteries.com computer system and/or failures in the communications links provided by telecommunications carriers or service providers or between financial institutions and the OzLotteries.com computer system, materials or information downloaded through the OzLotteries.com site), action or liability of any nature ("loss") arising out of your Registration with and Membership of OzLotteries.com, your Account, the purchase or attempted purchase by you of a Ticket, the use by you or any inability to use the OzLotteries.com site, the failure of the OzLotteries.com site to give effect to any offer by you to make a Ticket Purchase whether accepted by OzLotteries.com or not, or in any way connected with this agreement and these Terms and Conditions or the services provided under this agreement and these Terms and Conditions (even if you have previously advised us of the possibility of such loss). OzLotteries.com gives no warranty whatsoever that the OzLotteries.com site will be available for use by Members permanently or for any minimum period of time.
3.11. Members accept the risk of loss arising out of their registration with any membership of OzLotteries.com, their Account, the purchase or attempted purchase of a ticket, the use or any inability to use the OzLotteries.com site and the failure of the OzLotteries.com site to give effect to any offer by the Member to make a ticket purchase whether accepted by OzLotteries.com or not.
3.12. Any non-enforcement by us of any of our rights under this agreement and these Terms and Conditions will not constitute a waiver of those rights. Any waiver by us of any of our rights under this agreement and these Terms and Conditions will not constitute a waiver on any subsequent occasion.
3.13. While considerable care has been taken in compiling and updating content on the OzLotteries.com site, OzLotteries.com does not guarantee the accuracy of such content. To the extent permitted by law OzLotteries.com excludes all warranties in relation to the content and is not liable for any damage, loss, cost or expense incurred by any person using the OzLotteries.com site.
3.14. From time to time, the OzLotteries.com site may contain links to other sites not operated by OzLotteries.com. OzLotteries.com does not control those sites and cannot be held responsible for their content. Such links do not indicate endorsement or support of any goods, services or content on those sites and OzLotteries.com will not be liable to any person for any goods, services or content which may be purchased or accessed through links to the OzLotteries.com site except where supplied by OzLotteries.com.
3.15. OzLotteries.com cannot and does not guarantee that files available for downloading from the OzLotteries.com site will be free of viruses, or other codes that may corrupt or destruct properties. Members are solely responsible for implementing virus checking and other procedures to prevent any such corruption or destruction. Files are downloaded and used by Members at their own risk.
3.16. You agree to indemnify OzLotteries.com, its officers, directors, employees, affiliates and suppliers from and against all losses, expenses, damages and costs, including reasonable legal costs, arising out of your use of the OzLotteries.com site and any content on the OzLotteries.com site or from any violation of this Agreement (including negligent or wrongful conduct by yourself or any other person accessing the OzLotteries.com site).
These Terms and Conditions and our agreement with you may be varied at any time in the following manner:
4.1. We will give you a Notice setting out the variation and the date on which it will take effect;
4.2. The Notice will be posted by us on the OzLotteries.com website and in addition will be communicated to you by email.
4.3. You will be deemed to have received the Notice at the time that it is posted on the OzLotteries.com website or upon its transmission to you by email (whichever happens first).
4.4. When you offer to make a Ticket Purchase from us after you have received Notice, or are deemed to have received Notice, you are making an offer to us in Australia to amend our agreement as set out in the Notice. If and when we accept your offer to make Purchases after that time, we are accepting that offer to amend our agreement as set out in the Notice, and these Terms and Conditions and our agreement with you will be varied accordingly on and from that date.
4.5. We further reserve the right, at any time and without Notice, to amend the FAQ's and other procedures and explanatory information displayed on, contained in, or accessible from the OzLotteries.com site. The OzLotteries.com Rules are subject to amendment by the operator thereof without Notice to Members.
5.1. When you make Application for Registration, you will be required to nominate an Account password.
5.2. You must enter your correct email address and password in order to access your Oz.Lotteries.com account.
5.3. It is your responsibility to ensure that no other person accesses the OzLotteries.com site or makes Purchases using your registration details. You must not disclose your password to anyone. You will be responsible for any use of your Account by any other person and we expressly disclaim liability in this regard.
6.1. You will only be able to offer to make Purchases from us and to qualify for prizes if you have made and we have accepted your Application for Registration.
6.2. Upon our acceptance of your Application for Registration, we will open an Account in your name, you will be able to make deposits into your Account and you will be able to offer to make Purchases from us. We do not guarantee to accept any offers you make for Purchases and we may refuse to do so in our absolute discretion without notice to you and without giving reasons.
6.3. You can make Application for Registration as a Member:
6.3.1. if you are an individual person (Accounts will only be opened in the names of individuals);
6.3.2. if you are at least 18 years of age (or older if so required by any laws applicable in your location or place of residence, domicile or nationality);
6.3.3. if you are not a currently excluded or blocked Member for any reason; and
6.3.4. where such Registration and the opening of an Account with us does not contravene any law applicable in your location or place of residence, domicile or nationality.
6.4. We do not independently verify whether you are legally entitled to make Application for Registration as a Member and to make Purchases from us. When we accept your Application for Registration, open your Account and accept offers from you for Purchases, we rely upon your warranty that you are legally entitled in your jurisdiction to Register with us, to deposit funds with us, to open an Account with us, and to make Purchases from us.
6.5. Each customer is entitled to a maximum of two (2) registrations.
6.6. Unless otherwise labelled, customers are only permitted to redeem a promotional bonus once.
7.1. Oz Lotteries conducts Identity Verification procedures in order to verify member identity and age.
7.2. It is a requirement that when requested by Oz Lotteries, a member must verify their Identity within 4 weeks in order to continue use of the Oz Lotteries service.
7.3. If a member does not verify their identity within 4 weeks of being requested by Oz Lotteries, access to the Oz Lotteries website and services, including purchasing and funds withdrawals will be frozen and any funds held within the members account held in trust until such time that the customer can prove their identity.
8.1. Purchases cannot be made by telephone, direct email, mail or in any other manner, other than via the Oz Lotteries website.
8.2. Members are not permitted to purchase entries on behalf of others, or to resell lottery products offered for sale by Oz Lotteries.
8.3. When you click on the "Checkout" icon/button on the relevant page, you are offering to make the Ticket Purchase selected by you, and you authorise us to debit your Account with the cost of the Ticket.
8.4. Offers from you for Purchases must be received by the OzLotteries.com computer system prior to the cut-off time for the relevant draw(s). The cut-off time for every game is published on the Oz Lotteries website.
8.5. If an offer for a Ticket Purchase from you is not accepted by us by the cut-off time for a draw of a Lottery that offer to make a Ticket Purchase will be processed by us in respect of the next available draw of the relevant Lottery.
8.6. If the OzLotteries.com site, computer system or ticket system experiences any form of malfunction during the receipt of an offer by you to make a Ticket Purchase, or during the process by means of which the OzLotteries.com computer system attempts to give effect to your Ticket Purchase with our supplier, or during OzLotteries.com confirmation of its acceptance of your Ticket Purchase, and we are unable to recover or verify the status of that Ticket Purchase during data recovery, then such unfinished or interrupted Ticket Purchase will be deemed void and not to have been placed. Any necessary adjustments will be made to your Account. We may further refuse to honour any Ticket Purchase if we reasonably suspect or know that the OzLotteries.com computer system failed to function in the manner in which it was designed and programmed to function.
8.7. Once you have completed the checkout process for any offer to purchase, that order is final and cannot be cancelled or amended at your request in any way.
8.8. If Oz Lotteries is unable to fulfil an offer to purchase request with a lottery provider for any reason whatsoever, the offer to purchase is void and a full refund will be made to the members account within 24 hours.
8.9. Oz Lotteries is not liable for any damages, loss or lost winnings that may arise if an offer to purchase is not successfully fulfilled with the lottery providers for any reason whatsoever.
8.10. Email confirmation of an offer to purchase a lottery entry is not confirmation of the entry's successful lodgement.
8.11. An entry is not deemed to have been successfully lodged with the lottery provider until such time that the entry is marked as "Status: Confirmed" within the member's account.
8.12. All Lottery prizes are subject to OzLotteries.com verification procedures before payment and will be credited to your account once this process has been completed.
8.13. If Jackpot Lottery tickets in consecutive draws are ordered within a single checkout, Oz Lotteries do not guarantee that the confirmed tickets will be in consecutive draws. This is due to the fact that Jackpot Lottery draws can roll over at any time.
eg.
8.14. If random Jackpot Lottery tickets are ordered within a single checkout, Oz Lotteries can only guarantee random tickets in lots of five.
eg.
9.1. The outcome of Tickets purchased by you in Lotteries will be determined in accordance with:
9.1.1. the Rules of the Lottery in which the Ticket was purchased; and
9.1.2. these Terms and Conditions.
9.2. A full list of official lottery game rules is available at:
9.2.4. on the website of our lottery providers, as listed on the webpages in 9.2.1, 9.2.2 & 9.2.3.
9.3. If a difference in the rules listed on the Oz Lotteries website and our lottery provider's website exists, the rules published on lottery provider's website take precedence and void those published on the Oz Lotteries website.
10.1. We maintain a segregated account to contain all funds held on behalf of Members.
10.2. Depositing Funds Into Your Account
10.2.1. You may deposit funds into your Oz Lotteries account using any of the methods available on the OzLotteries.com site.
10.2.2. Please use the Deposit Funds link in your Oz Lotteries account to make deposits to your Account.
10.2.3. Deposits of funds into your Account will only be recognised when we have confirmation from the relevant financial institution that the funds have been credited to our bank account.
10.2.4. A Minimum deposit to your Oz Lotteries account of AU$10 (or equivalent) applies unless otherwise waived by Oz Lotteries. Further information is available on the Deposit Funds page of the Oz Lotteries site.
10.2.5. Deposits shall be made in increments of $5.
10.2.6. Except where otherwise specified, we reserve the right to recover from you any fees, costs, charges, taxes, imposts, levies or duties we incur in providing our services to you or in respect of Tickets purchased by you or in receiving and/or clearing a deposit into our bank Account or in obtaining authorisation or confirmation from the relevant financial institution that the funds will be credited to our bank account or otherwise in respect of this agreement and you hereby authorise us to debit any such amounts to your Account.
10.2.7. You agree to indemnify us against any loss that you might suffer as a result of any deposit made by you through any of the third party payment channels offered on theOzLotteries.com site.
10.2.8. You agree to indemnify OzLotteries.com against any loss that it might suffer as a result of any deposit made by you being dishonoured or disputed, and in this regard, you authorise us to debit any such amounts from your Oz Lotteries account.
10.3. Please be aware that each credit card and/or issuer is different. You should be aware of the terms and conditions relating to the card you are using for this transaction. For example, some institutions may levy a cash advance fee upon transactions through OzLotteries.com and similar merchants. Should this be the case we recommend using a different card or depositing a sum of money in to your account that will cover the cost of your entries for a few draws or weeks, thereby minimising the impact of such a fee.
11.1. Prizes won by members of $20,000 and above will be paid direct to the member by the lottery provider. Any prizes won totalling less than $20,000 will be deposited to the members' account whereby they may request a withdrawal at their discretion.
11.2. We will only make prize payments and withdrawals directly to you, and, unless otherwise agreed, only to the address or bank account nominated by you in your Application for Registration. We will not be responsible for your not receiving your funds if this results from you having provided an incorrect bank account number or address or other details affecting payment.
11.3. Except where otherwise specified, we reserve the right to pass on to you any fees, costs, charges, taxes, imposts, levies or duties we incur in transferring funds to you from your Account and you hereby authorise us to debit such amounts from your Oz Lotteries account. You are responsible for all exchange rate fluctuations and we are not liable for any loss or costs you may incur as a result thereof.
11.4. Payment to you can be made by the following methods:
11.4.1. Direct Credit or Wire Transfer.
11.4.2. Should any charges be applicable to a transfer to your nominated account we will confirm these charges prior to initiating the transfer. We will transfer funds to your bank account specified by you. Direct credits or wire transfers usually take from 24 to 48 hours, depending on the location of your bank.
11.4.3. Cheque Withdrawal
We will send you a cheque by mail to your registered address.
11.5. We will not be liable for any delayed or lost mail nor will we be liable if you do not receive your withdrawn funds as a result of any incorrect information provided by you to us.
11.6. We reserve the right to place a stop payment on any cheque that is issued to you or to temporarily block your Account if we consider that payment of such cheque or continuance of such Account is illegal or constitutes an offence.
11.7. We further reserve the right to withhold payments of any nature and to void all winnings of a Member if the Member's Registration details are false or misleading.
11.8. We further reserve the right to withhold payments of any nature and to void all winnings of a Member is unable to verify their identity via our Identification verification process.
11.9. No credit is available on your Account. It is your responsibility to ensure that there are sufficient cleared funds in your Account in advance to cover all transactions related to your Account, including but not limited to your offer to purchase a Ticket and all fees, costs, charges, taxes, imposts, levies or duties for which you are responsible.
12.1. We may suspend or close your Account at any time without notice and without giving you any reason.
12.2. If we close your Account, provided that you have given us proof of identity, age and place of residence in a form acceptable to us, we will remit to you the funds balance, if any, held in your Account at that time less applicable costs, fees and charges. If we close your Account at a time when you have Tickets in Lotteries which have not yet been drawn we will send you the proceeds of those Tickets, if any, less applicable costs, fees, and charges when the results have been determined. This does not prejudice any right of ours elsewhere in these Terms and Conditions or at law to refuse, cancel or dishonour any purchase or offer by you to purchase any Ticket.
12.3. Any funds in an Inactive Account, less applicable costs, fees and charges will be remitted to you in the manner selected by you at Registration, provided that you have given us proof of identity, age and residence, in a form acceptable to us.
12.4. Except as otherwise stated in these Terms and Conditions:
12.4.1. the ordinary rules of foreign exchange applicable in respect of the relevant method of payment and the relevant financial institution will apply to all payments involving conversion of foreign currency; and
12.4.2. you agree to accept any and all foreign exchange fees, costs, charges, taxes, imposts, levies or duties incurred by us in receiving funds deposited by you or transferring funds withdrawn by you from your Account. We do not make or charge any commission on foreign exchange.
12.5. It is your responsibility to make such arrangements as may be necessary for the payment by you of any relevant taxes in your place of residence.
13.1. We are committed to responsible gaming and provide an online link from the OzLotteries.com site to a gambling counselling resource. Contact details are available by clicking on the Responsible Gaming link on the OzLotteries.com site.
13.2. We may in our sole and absolute discretion permanently exclude a Member from making Purchases, in which case we will remit the balance of the Member's Account to the Member.
13.3. In the event of a Member's death, the balance of the Member's Account will automatically form part of the deceased Member's estate. Claimants will be required to supply proof of entitlement in a form acceptable to us.
14.1. You submit to the jurisdiction of the courts of New South Wales, Australia.
14.2. You agree not to seek to stay or terminate any proceedings brought in New South Wales on the grounds that the forum is not convenient or is less appropriate than some other forum.
14.3. You agree not to challenge any application made by us to stay any proceedings brought in any other jurisdiction.
15.1. Oz Lotteries is mindful of your privacy concerns and is committed to maintaining the highest possible standards of privacy when handling your personal information.
15.2. The Oz Lotteries Policy describes how Oz Lotteries handles your personal information. The Oz Lotteries Privacy Policy can be found at the following locations:
15.3. It is agreed and acknowledged by the parties that the terms of the Oz Lotteries Privacy Policy form part of these Terms and Conditions.
15.4. Should you win a prize, Oz Lotteries shall not publish or disclose your identity to any third parties without your explicit prior consent, unless otherwise permitted under the terms of the Oz Lotteries Privacy Policy.
16.1. These Terms and Conditions and the OzLotteries.com site are not, and should not be understood in any way to be, advertising, promoting or inducing gambling, or publishing gambling information.
16.2. If an applicant does not provide all the information requested in the Application for Registration, except for those fields marked "optional", OzLotteries.com cannot process the application.
16.3. Oz Lotteries employees and employees of Oz Lotteries parent company (Jumbo Interactive Limited) and its associated subsidiaries are prohibited from registering for Oz Lotteries accounts and purchasing lottery tickets unless for testing purposes as approved by Oz Lotteries management. If entries are purchased via the approved testing procedure and a prize is won, the prize shall be donated to charity and not retained for financial gain of Oz Lotteries.
16.4. OzLotteries.com owns or is licensed to use the copyright in all of the content on the OzLotteries.com site and by accessing the OzLotteries.com site, downloading results and purchasing Tickets through the OzLotteries.com site, you acknowledge such ownership and/or licence.
16.5. No results file, graphic or other content on the OzLotteries.com site may be reproduced or distributed without the prior written consent of OzLotteries.com and you agree that you will not in any manner interfere with, decompile, modify or create derivative works from any such content or downloads.
16.6. We will be entitled at any time and without notice to assign any or all of our rights and duties under these Terms and Conditions and our agreement. Since Registration is personal to the Member, you may not transfer, assign or otherwise dispose of your rights and obligations under these Terms and Conditions and our agreement.
16.7. Oz Lotteries reserves the right to cancel and/or not award a promotional bonus to an individual if it becomes apparent that an individual or group of individuals is/are attempting to take undue advantage or manipulate the spirit of the promotion. No correspondence will be entered into in relation to any such changes.