Terms and Conditions
This document outlines Terms of Use for Carpe Forte Ltd, Trading as USALottos.com. The Company is registered in the UK The registered office is Penstraze Business Centre, Penstraze, Chasewater, Truro. TR4 8PN. Company number is 14952620. Please read the following Terms of Service and Conditions and agree to them prior to entering or attempting to register to use this site and its Services without confirming that you understand and agree to their use. If you do not agree please do not enter this site. Our mailing address to which all postal communications should be directed is: Carpe Forte Ltd, Penstraze Business Centre, Penstraze, Chasewater, Truro, Cornwall UK TR4 8PN.
1. Introduction
1.0 Welcome to Carpe Forte Ltd trading as usalottos.com hereafter referred to as “usalottos” , “the Website”, “the site” or “The Company”. Carpe Forte Ltd is a UK registered company operating as usalottos .com operates and is engaged in supplying a Concierge Messaging Service arranging the purchase, through our Agents, of Lottery and Raffle tickets direct from National or International Lotteries or Raffle operators on behalf our customers. Known hereafter for the use of these Terms of Use as “Players”, “Users”, “Members” or “Clients”
1.1 This document (Terms & Conditions or Terms of Use) along with (collectively) our Policy Notice and Terms of Service or Site Terms form a contractual agreement between Carpe Forte Ltd and/or usalottos.com with members, users or clients of The Company and as such, having acknowledged its content agree to be legally bound by that content..
1.2 Carpe Forte Ltd reserves the right to change these Terms of Use including any of the Services specific rules at any time. Should there be any material changes The Company will promptly notify users and/or members of these changes. You will further re-affirm your agreement to accept these amendments before continuing to use our Website. If you choose to discontinue the use of our Services you may close your account and withdraw any available funds you have in your account. Credits established in your account that have been awarded as prizes in any third party Raffle or Competition can NOT be withdrawn as cash and would be lost if your account was closed. We therefore urge customers to consider seriously the consequences of closing an account which still contains credit with which entry ticket to lotteries could still be purchased.
1.3 In the event of minor non-material changes to these Terms of Use we will endeavour to notify you of any such changes. However, we cannot guarantee that at all times we will be able to do so. We therefore encourage you to review these Terms periodically to ensure you are referring to the latest available version.
1.4 These Terms and Conditions are published in English and may be published in a number of other languages. In the event of any discrepancy between the English version and the versions in another language, the version most preferential to the customer shall take precedence.
1.5 These Terms and Conditions are published in English and may be published in a number of other languages. In the event of any discrepancy between the English version and versions in other languages, the version most beneficial to you shall prevail.
2. Legality of use & Acceptance of Terms
2.0 The Site is not intended for individuals under the age of eighteen (18) (or any higher applicable age in the relevant country). If you are under 18 years of age (or such higher applicable age) you are prohibited from registering an Account (defined below) and using The Services (defined below)
2.1 The Site is not intended for individuals under the age of eighteen (18) (or any higher applicable age in the relevant country). If you are under 18 years (or such higher applicable age), you are prohibited from registering an Account (defined below) and using the Services (defined below).
2.2 If it comes to our attention through reliable means that a User is under the age of 18 years (or such higher applicable age) we may, to the extent applicable, cancel that User's Account and/or access to the Site and withhold any winnings existing in the balance.
2.3 It is your responsibility to access and use the Site and Services according to the Terms, to the legal restrictions, the legality of use requirements, Responsible Gaming Policy (see section 12), and pursuant to all applicable laws and regulations. It is your responsibility to verify that your access and use of the Site and the Services is legal from the territory in which you are playing.
2.4 The Site is intended for private use and recreative purposes only.
3. Site Access
3.1 The Site:
(i) provides information about leading worldwide official lotteries (each a "Lottery") and lottery raffles (each a “Lottery Raffle”) that are provided by independent official lottery operators (each a "Lottery Operator") and lottery raffle operators (each a “Lottery Raffle Operator”), (ii) enables registered Site users ("Users") to purchase lottery tickets or lottery raffle ticket share for specific and separate Lottery draws (each a "Lottery Draw") or lottery raffle draws each a “Lottery Raffle Draw”) by means of the Site’s messenger services (“the Messenger Service”) and to play virtual, games with winning numbers drawn by a certified and tested random number generator, including, but not limited to, scratch cards ("Instant Win Games" or “IWG”) and Lottery-Style Games; and
(iii) offers Services (defined below) to Users, all subject to and in accordance with these Terms. A complete list of the Lotteries in connection therewith we offer our Messenger Services and the schedule for each Lottery Draw, as well as a complete list of the IWG made available through the Site and relevant pay outs, are displayed on the Site.
3.2 Subject to applicable registration requirements, and your compliance with these Terms, we offer certain services in connection with the Site ("Services"), including, without limitation: the Lottery Ticket Service (see Section 8.2), See Your Ticket Service (see Section 8.13), Syndicate Play Service (see Section 8.6), Lottery Raffle Ticket Service (see Section 8.8), Prize Collection Service (see Section 8.21), Subscription Service (see Section 8.30), and the Complaint and Disputes Service (see Section 11).
3.3 We hereby grant you permission to access and use the Site, provided that you comply with these Terms and applicable law and do not:
(i) copy, distribute or modify any part of the Site without our prior written authorization;
(ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content, except as expressly authorized herein;
(iii) disrupt servers or networks connected to the Site;
(iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access and/or use the Site;
(v) use the communications systems provided by the Site to send unsolicited or unauthorized commercial communications;
(vi) use the Site for fraudulent or deceptive purposes; and/or
(vii) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. We reserve all rights not expressly granted in and to the Site.
4. Opening an Account
4.1 In order to use some of the Services, it is necessary to rst create an account (an "Account") and submit certain mandatory information to us in connection with your Account. You may decide whether to submit any information to us, however, if you choose not to submit mandatory information you may be unable to register an Account and use certain Services.
4.2 By submitting your application for opening an Account you agree to abide by these terms and conditions at all times. You also warrant and represent that you are:
• A natural person acting on their personal capacity;
• Not restricted by limited legal capacity;
• Not acting in the interests or on behalf of any third party;
• Not utilizing funds originating from any criminal activity or activities;
• Not utilizing bank accounts, debit cards, credit card/s, and/or any other payment method you are not authorized to use.
4.3 When creating your Account, you must provide accurate and complete information, including full name, date of birth, residential address, contact e-mail, and personal telephone number, and must thereafter keep such details up-to-date.
4.4 It is your responsibility to declare all personal details correctly. We reserve the right to immediately close your account and refuse, withhold, and/or void payments if you have disclosed false statements about your personal details, including, without limitation, your age, whether intentionally or not.
4.5 It is your responsibility to provide a valid e-mail address and a valid phone number. We may verify the contact details you provided to us by means of a validation link sent to your email address and/or a validation SMS sent to your phone number. We reserve the right to suspend your account in the event that we are unable to satisfactorily verify your account details.
4.6 When creating your Account, you will be assigned a Username based on the email address you provided, and you will be requested to choose a password. You are solely responsible for the activity that occurs in your Account, and you must keep your Account log-in details, including the password, protected and secure any linked e- mail address, personal computer, and device on which your Account is accessible (including, without limitation, by keeping the password(s) protected and screen locked). We also advise you to log out after any gaming session and not to leave your computer unattended when logged in so that you can prevent any one using his account without his consent. You must notify Carpe Forte Ltd immediately of any breach of security or unauthorized use of your Account and in any event, Carpe Forte Ltd shall not be held liable for any unauthorized use of your Account other than due to Carpe Forte Ltd.
4.7 Without derogating from the foregoing, if you are an
(i) employee, director, officer, or Agent of Carpe Forte Ltd or any affiliate or
(ii) a person that is connected with the management or operation of a Lottery Draw, including each Lottery Operator and its employees; or
(iii) a spouse, de facto partner, parent sibling, child or close family member of any of the persons mentioned in (i) and (ii) above; or (iv) located in the USA, Israel, Canada, Iran, North Korea or any country which prohibits the provision of services such as the Services (“Prohibited Jurisdictions”), or (v) any person listed on the list of designations of the European Union, the United Nations National Security Council , then you are prohibited from registering an Account and participating or continuing to participate in any Services ".
4.8 We reserve the right to add and/or remove any Country to the Prohibited Jurisdictions above.
5. Account Management
5.1 Carpe Forte Ltd manages Player’s Accounts, calculates the available funds, the pending funds, the betting funds as well as the amount of the winnings. Unless proved otherwise, these amounts are considered as final and are deemed to be accurate.
5.2 You are restricted to opening only one account or having one active account at any point in time. You are only allowed to make deposits to or request withdrawals from your Account in accordance with Section 6 “Transfer of funds to your Account - to/from other players as well as to transfer funds between Accounts.
5.3 Accounts are not interest-bearing. No interest shall be paid on any funds, irrespective of the amount, held in your Account. Carpe Forte Ltd is not and does not purport to be, a financial institution.
5.4 In respect of your Account, at all times, we reserve the right at our discretion to:
• Refuse to open an account or close an existing account without having to provide any justification. In this case any contractual obligations already arisen, shall be honoured;
• Decline to accept deposits without having to provide any justification;
• Verify to our satisfaction, also by requesting documents or other evidence:
(i) your identity and the other personal data provided when registering with the Site; and
(ii) your authorization to use a certain method of payment. Requested documentation may include, but is not limited to certified colour copies of photo id’s, bank statements, references, utility bills, pay-slip Verification requests may be made at any time, and we reserve the right to suspend or limit your Account pending any verification.
• Forfeit and/or confiscate funds or credits awarded as Prizes from Raffle or Competition Sites available on your Account previously awarded by Carpe Forte Ltd through is sister Sites or by any Third Party company. refuse to honour a claim, in the event that, directly or indirectly:
(I) these Terms have been violated; and/or
(ii) other unauthorized activities have occurred in connection with the operation of your Account (such as, but not limited to, breach of the law or or other regulations, breach of a third party’s of a third party’s rights, fraud, and cheating. Suspend and/or cancel participation in the game's promotional activities, competitions, or other services, whenever we deem that there are legitimate concerns that your Account is, has been, or may be used for illegal, fraudulent, or dishonest practices, including promotion abuses.
• Verify to our satisfaction any unspent or unused funds in your
Account.
• Monitor your gameplay and transaction activity.
5.5 An Account is deemed inactive if for a consecutive period of twelve (12) months there has not been recorded on the Account any log in/ log out and/or any wager.
5.6 We shall notify you by means of an email sent to the email address listed in your Account (such notice will be entitled, “Inactive Account Notification”) that your Account is about to become an Inactive Account. The Inactive Account Notification be sent to you up to thirty (30) days prior to your Account becoming inactive.
5.7 When an Account becomes inactive, we will deduct an administrative monthly fee from your Account which does not exceed two euro and fifty cents (£2.50) or its currency equivalent. Such fee will only be deducted if your Account is in credit.
5.8 You may be entitled to a refund of the fees charged in accordance with the applicable regulations.
6. Transfers of Funds to your accounts - Deposits
6.1 In order to deposit funds in your Account, you can utilize one of the available deposit methods. Information on the methods available for deposits, including deposit limits, processing times and available currencies can be found in the Banking section of the Site. As soon as you have registered your Account, you can carry out an online deposit by clicking the “Deposit” button and following the directions. Carpe Forte Ltd does not charge you a handling fee when you make a deposit.
6.2 You acknowledge and agree that if
(i) you choose to make a transaction on the Site (for example, by paying the Order Price with your credit card; or
(ii) there are insufficient funds in your Account to pay for a transaction that you have entered into, then Carpe Forte may charge that credit card or the credit card that you designate in your Account, and you hereby authorize the charging of that credit card (or any replacement card).
6.3 If you choose to use the Subscription Service to submit Orders on a recurring basis, we may collect the Order Prices through a recurring payment using your designated payment method (including by credit card). In connection thereto, Carpe Forte Ltd may store your payment credentials including the primary account number, card holder name and expiration date (“Credentials on File”) and submit periodic charges without further authorization from you, and such authorization shall remain effective until cancelled by you.
6.4 You agree:
(i) to only provide valid and current credit card and billing information for yourself;
(ii) that we may use the tools, software or services of third party service providers to process transactions on our behalf;
(iii) that you shall be liable for any card issuer processing fees in connection with payments and recurring payments;
(iv) except as expressly set forth herein, all orders and purchases are final and non-cancellable or non-refundable;
(v) if payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due to us upon demand and, if applicable, Carpe Forte Ltd may charge a reasonable rejected payment fee; and
(vi) any failure or inability by Carpe Forte Ltd to process any payment hereunder does not relieve you from your payment obligations.
6.5 We reserve the right to impose certain conditions on the use of particular payment methods and to change the payment methods available without giving notice. We do not guarantee that all methods of payment are available at all times.
6.6 Except as expressly stated in these Terms, you acknowledge and agree that any Order Prices, Stake, and fees and/or payments paid by you to Carpe Forte Ltd in connection with your use of the Site and any Services and purchases are non-refundable.
6.7 If you reasonably believe that you have been wrongfully charged an amount by us you may notify us and request a refund. The tools within your Account should provide you with the means to do so, and in any event, you may contact us via our Support Service. Please be aware that we will not consider any such refund request unless you include full details of the disputed transaction, including the relevant dates, payment details, and a short explanation as to why the amount is disputed. If we, in our sole discretion, find that an amount has been wrongfully charged we will, as your sole remedy, refund you that amount.
7. Cash Withdrawals from Your Account.
7.1 During your use of the Site and Services, the following types of money or credit may be transferred to you or to your Account:
(i) Prizes;
(ii) Raffle or Competition Credit Prizes;
(iii) the cash value of money that you deposit into your Account for your use on the Site ("Deposits");
(iv) Raffle or Competition Prizes or Awards, including any promotional monies are herein recorded in your Account as "Player Credit" or “Players Credit” . Your entitlement to any Real Money and/or Player Credit is subject to and in accordance with these Terms. “Player Credit” deposited in your Account as a result of a Prize or Award from any Third Party Raffle or Competition may ONLY be used to order/purchase lottery tickets through your USALOTTOS.COM Account. To emphasize: All money WON resulting in the purchase of your lottery tickets using your Player’s Credit will be paid to you in cash or made available for you to withdraw in cash through your Account. At no time are you able to withdraw “Player Credit” from your account in cash. “Player Credit” or “Players Credit” credited to your Account as a result of a Prize or Award from Raffle or Competition win can only and exclusively be used for the purchase of the lottery tickets displayed on our Website USALOTTOS.COM
7.2Use of Real Money. Real Money is transferred to your Account and may be used in connection with your future transactions on the Site (for example Place Orders). Alternatively, you may withdraw Real Money at any time in accordance with Section 8 below.
7.3 “Players Credit” awarded legitimately from whatever source is credited to your Account and may be used solely in connection with your future transactions on the Site (for example to Place Orders). You may not withdraw the cash or monetary value of unused Player Credit from your Account.
7.4 Bonus Credit is not counted as deposited money for the insufficient “Players Credit” to pay for your transaction, we will debit any from Real Money that you have in your Account.
7.5 You may use the Site Tools to withdraw the available Real Money in your Account, or any part thereof, by selecting your preferred withdrawal method. The average time required for processing a withdrawal is approximately 3 business days. If your Account is limited, pending any verification in accordance with Clauses 3 and 6 above, the processing might take longer. Additional information regarding the withdrawal of Real Money is displayed on the Site USALOTTOS.COM.
7.6 Withdrawals will be remitted to the same account from where the funds paid into the User's Account originated. Where this is not possible, Carpe Forte shall remit the funds back to the player in line with the requirements under AML legislation. To the extent that any User wishes to withdraw funds from a, blocked, closed, or excluded Account, they should contact
7.7 At least one Order must be Placed, before you are permitted to withdraw funds which you deposited in your Account but have not been used for Placing an Order.
7.8 You shall be solely and wholly responsible for the reporting and payment of any and all taxes and charges arising from or imposed on amounts paid or transferred to you by the Site under these Terms. You acknowledge and agree that the Lottery Operator or Lottery Raffle Operator might retain a portion of your Prize or Syndicate Prize Share and forward it to the appropriate taxing authority on your behalf.
7.9 To the extent that we credit or transfer you any amounts under these Terms, we will do so in the same currency that you have designated in your Account to make payments to Carpe Forte Ltd ("Designated Currency") . You may choose your Designated Currency from a list of currencies that we display on the Site. You may change your Designated Currency at any time by accessing your Account and using the Site Tools. Please be aware that each time you change your Designated Currency, the funds in your Account will automatically be converted into the new currency and we may charge you a currency exchange fee for each such conversion; the amount of the fee is displayed on the Site.
8. Terms of Service.
8.1 Each Lottery Draw or Lottery Raffle Draw is performed by the relevant Lottery Operator or Lottery Raffle Operator. Your participation in each Lottery Draw or Lottery Raffle Draw is subject to the terms and conditions of the related Lottery Operator or Lottery Raffle Operator ("Lottery Operator Rules"). Whilst we provide a complete and detailed overview of each Lottery we offer on the Site, by Placing an Order you agree to independently review and comply with the relevant, applicable rules.
Lottery Ticket Purchasing Agents
8.2 We (i) make certain tools available on the Site so that Users can complete and submit online orders in connection with the Messenger Services offered by us with respect to Lottery Draws ("Orders");
(ii) engage local representatives to locally purchase a Lottery ticket on our Users' behalf with Lottery Operators in accordance with the User's Order (respectively - "Local Representative"; "Lottery Ticket");
(iii) display the results of Lottery Draws on the Site;
(iv) if applicable, collect the winnings from the Lottery Operators and credit the Account (defined below) of an eligible User; and/or
(v) if applicable, facilitate the hand-delivery of a Winning Lottery Ticket (defined below) to eligible User (collectively) the "Lottery Ticket Service").
8.3 Ticket Service (de ned below under Section 9.8) you must
(i) have registered a valid, and maintain an active, Account; and
(ii) comply with these Terms. A user satisfying these terms and lawfully purchasing a Lottery Ticket or Lottery Raffle Ticket Share through our Messenger Services accordingly shall be the owner of the purchased Lottery Ticket, Share or Raffle Share (as applicable) at any stage from the purchase of the Lottery Ticket on the User’s behalf or, with respect to Shares or Lottery Raffle Ticket Shares, from the time of successful completion of the transaction.
8.4 If you wish to use our Messenger Service to participate in a Lottery Draw or Lottery Syndicate or Lottery Raffle Draw, you must use the Site Tools to
(i) complete an Order by choosing the type of lottery form and inserting your numbers into each line or choose the specific Lottery and the number of shares or choose the Lottery Raffle Ticket and the number of shares (as applicable);
(ii) submit the completed Order; and
(iii) pay the price for submitting the Order ("Order Price"). Completion, submission and paying for an Order as detailed in this clause shall hereinafter collectively be referred to ”Placing an Order”.
8.5 The Site enables Players to purchase Shares in a possible future Prize derived from a set of Lottery Tickets (“Syndicate Play” or “Syndicate Play Service”). The Syndicate Play Service does not enable you to choose the members of a Syndicate.
8.6 Syndicate Play offers you the opportunity to purchase one or more equal portions of ownership in a Syndicate (“Shares”), to the extent such Shares are available.
We determine:
(i) the total number of Shares available for purchase in a Syndicate (“Total Shares”);
(ii) the number of Lottery Tickets purchased by the Syndicate; and
(iii) the number combinations played by Lottery Tickets (“Lines”) purchased by the Syndicate. The Site will display the Total Shares, the Lines played, and the
remaining Shares available for purchase in the Syndicate prior to your purchase of any Shares.
8.7 By purchasing a Share, you will not own any specific Lottery Ticket or Line purchased by the Syndicate, which will instead be owned by us as manager of the Syndicate. The portion due to you of any Prize resulting from Winning Lottery Tickets purchased on behalf of a Syndicate (“Syndicate Prize”)will correspond to the percentage of Shares you have purchased of the Total Shares in that Syndicate ("Syndicate Prize Share"). Any Shares not purchased by Site users shall be owned by us.
8.8 The Site enables Players to purchase shares in official Lottery Raffle Tickets in the world’s biggest Lottery Raffle Draws (the “Lottery Raffle Ticket Service”) that are provided by independent official Lottery Raffle Operators.
8.9 To the extent that such shares (“Lottery Raffle Ticket Shares”) are available the following is predetermined:
• The Lottery Raffle Tickets for which Raffle Shares are available.
• The number of shares available for each Lottery Raffle Ticket
• The Lottery Raffle Tickets’ pre-printed number codes.
The Site will display the Total Lottery Raffle Ticket Shares, the pre-printed codes, and the remaining Lottery Raffle Ticket Shares available for purchase in each Lottery Raffle Ticket prior to your purchase of any Lottery Raffle Ticket Shares.
8.10 In the case of a Lottery Raffle Ticket Share, to the extent that such Lottery Raffle Ticket is a Winning Ticket, you may be entitled to a prize (“Raffle Prize”) paid by the Lottery Raffle Operator. The amount of the Prize is determined solely by the Lottery Raffle Operator.
8.11 The portion due to you of any Prize resulting from a winning Lottery Raffle Ticket will correspond to the number of Lottery Raffle Ticket Shares you have purchased of the total number of Lottery Raffle Ticket Shares. The pay-out per Lottery Raffle Ticket Share is displayed on the Site. Any Lottery Raffle Ticket Shares not purchased by Site users shall be returned to the Lottery Raffle Operator.
8.12 The Syndicate Play and Lotter Raffle Ticket Service may not be available in combination with other services or features offered on the Site, including but not limited to our Subscription Service.
8.13 The Order Price
(i) is the amount displayed on the Site at the time you submit the Order;
(ii) includes our service fee and therefore may be higher than the the participation price you would pay if you submitted an you submitted an equivalent lottery form to or purchased an equivalent Syndicate share or Lottery Raffle Ticket directly from from the Lottery Operator or Lottery Raffle Operator;
(iii) is subject to change from time to time, as displayed on the Site; and
(iv) is subject to the quantity of lines and numbers or the number of Shares or Lottery Raffle Ticket Shares in the Order (as applicable) that you choose to submit you and the number of lottery games you choose to participate in.
Confirmation of Payments.
a) Confirmed Payments - upon our receipt of the Order Price, we will send you an email payment confirmation. You may also view information about your Ticket, Syndicate Share or Lottery Raffle Ticket Share, including your payment details and the name and date of the Lottery Draws or Lottery Raffle Draw, in Your Account.
b) Pending Payments - in the unlikely event that there is a delay in the payment (for example, due to technical issues in the processing of a transaction) between your submission of an Order and payment of the Order Price and our receipt of your payment, then the status of the transaction will be pending until we receive the Order Price.
8.15 We stop to accept the submission of Orders for the Lottery Ticket Service and Syndicate Play Service a certain number of hours prior to the performance of the related Lottery Draw by its Lottery Operator ("Cut-Off Time"). We display on the site the amount of time that is remaining until the Cut -Off Time for each Lottery Draw on the Site. We retain the right in our sole discretion to determine the length of the Cut -Off Time. Please be aware that once the Cut-Off Time for a particular Lottery Draw has expired, you will no longer be able to submit an Order for it.
8.16 Following our receipt of an Order and Order Price, we engage a Local Representative to purchase on the User's behalf the related Lottery Ticket from the Lottery Operator. We use commercially reasonable e orts to ensure that each Lottery Ticket complies, and is lodged in accordance, with the timeframes set forth in the related Lottery Operator Rules. You acknowledge that since Lottery Tickets are purchased locally immediately following your submission of the Order, there is no option of timely cancellation, you agree that your submission of an Order and payment of the related Order Price is final, non- cancellable, and non -refundable (except as expressly set forth in these Terms). In the event of any inconsistency between the numbers appearing on an Order and a Lottery Ticket, the numbers on the Lottery Ticket will prevail.
8.17 You may view scanned copies of your Lottery Tickets or Lottery Raffle Ticket Shares in your Account (the "See Your Ticket Service"). You acknowledge that it takes time to upload scanned copies of Lottery Tickets, and there may be a delay between the time that the Lottery Ticket is purchased and the time that a copy is made available for you to view. Where the scanned copy of a ticket, as a result of the presence of certain details in the ticket such as optical codes, serial numbers, etc. may give rise to possible misuses or abuses, we reserve the right to replace such scanned copy with a graphic representation of the ticket purchased containing the same material elements of such ticket.
8.18 We reserve the right to decline, refuse or limit any Orders placed via the Site and/or to decline or refuse to provide, or to limit the provision of, any Services. No charge will be made for any Order which is not accepted.
8.19 Following each Lottery Draw, the Lottery Operator publishes the related final and conclusive winning numbers ("Winning Numbers"). To the extent that a Lottery Ticket includes Winning Numbers you may be entitled to a cash prize to be paid by the Lottery Operator ("Prizes"). The number of Winning Numbers that you need to obtain to be entitled to Winnings in connection with a Lottery Draw, as well as the amount of a Prize, is determined solely by the Lottery Operator. We use commercially reasonable e orts to publish the official Lottery Draw results, including the Winning Numbers and Prizes, on the Site as soon as possible following official publication thereof by the related Lottery Operator. If your Lottery Ticket is a winning ticket ("Winning Lottery Ticket") then we will send an email to your email account and (if you have chosen to participate in our Alert Service) an SMS to your designated mobile phone number, notifying you that the Lottery Ticket is a Winning Lottery Ticket.
8.20 The Site differentiates between the following categories of Prizes: (i) the top prize in a particular Lottery Draw or Lottery Raffle Draw ("Jackpot"), Prizes that are subject to local tax in the jurisdiction of the Lottery Operator or Lottery Ra e Operator ("Locally Taxed Winnings") and prizes of more than UK £2,500; and (ii) Prizes that are not a Jackpot or Locally Taxed Winnings ("Secondary Winnings").
8. 21 If you are entitled to a Jackpot Locally Taxed Winnings or a below. Notwithstanding the foregoing, Carpe Forte Ltd may, in its sole discretion, offer to collect the Prize on your behalf from the related Lottery Operator or Lottery Raffle Operator and transfer the Prize to you (the "Prize Collection Service").
8.22 If you are entitled to Secondary Winnings of up to UK £2,500 (inclusive) or to any Prize from a Syndicate’s winning ticket, you agree that we will collect the Winnings on your behalf from the related Lottery Operator or Lottery Raffle Operator, and transfer the Winnings to your Account in accordance with our Prize Collection Service.
8.23 You expressly acknowledge and agree that (i) if we collect the Prize, Syndicate Prize Share, or Raffle Prize on your behalf and transfer the Prize, Syndicate Prize Share, or Raffle Prize to your Account, then we may deduct associated bank transfer costs from the amount of the Prize, Syndicate Prize Share or Raffle Prize; and (ii) as applicable, the Lottery Operator or Lottery Raffle Operator may deduct taxes, withholdings, or other sums from the amount of the Prize or Syndicate Prize in accordance with its Lottery Operator Rules.
8.24 We use commercially reasonable efforts to transfer the Prize, Syndicate Prize Share or Raffle Prize to you promptly after our actual receipt of the Prize, Syndicate Prize Share or Raffle Prize from the Lottery Operator or Lottery Raffle Operator. You acknowledge and agree that if, for any reason, the Lottery Operator or Raffle Operator fails to deliver the Prize or Syndicate Prize to us, then (i) we will not have any obligation to credit your Account for a corresponding amount; and (ii) in case of a Winning Lottery Ticket or Lottery Raffle Ticket Share purchased through the Lottery Messenger Service, we will make the Winning Lottery Ticket or Lottery Raffle ticket Share available to you, in which case you may choose to collect your Prize from the Lottery Operator or Lottery Raffle Operator.
8.25 If you are required to, personally collect your Prize directly from the related Lottery Operator or Lottery Raffle Operator, we will arrange for one of our representatives to meet you at our offices (or another location of our choice) in the country of the Lottery Operator or Lottery Raffle Operator ("Territory") and hand-deliver your Winning Lottery Ticket or Lottery Raffle Ticket Share to you. You agree to cooperate with Carpe Forte Ltd, or its representative, to facilitate you taking possession of the Winning Lottery Ticket or Lottery Raffle Ticket Share. You agree that prior to you taking possession of your Winning Lottery Ticket or Lottery Raffle Ticket Share you must first sign a legal waiver and release stating that you
(i) have taken, or are taking, possession of the Winning Lottery Ticket or Lottery Raffle Ticket Share;
(ii) are personally responsible for collecting the Prize directly from the related Lottery Operator or Lottery Raffle Operator; and
(iii) you waive any legal or equitable claims, rights or remedies you may have against Carpe Forte Ltd, and the Local Representative, with respect to your collection, or non-collection, of the Prize. Under no circumstances shall Carpe Forte Ltd have any obligation to pay you an amount equal to what a Lottery Operator or Lottery Raffle Operator may fail to pay you in connection with any Prize.
8.26 Carpe Forte Ltd reserves the right to oblige Players to receive Prizes equivalent to UK £100,000.00 (one hundred thousand UK Pounds or more) in a handover ceremony open to media of Carpe Forte choice and to give one or more interviews. The Player may still choose to stay anonymous.
8.27 If you are not located in the Territory, then you acknowledge that you may need to travel to the Territory to personally collect your Prize, Syndicate Prize Share, or Raffle Prize as applicable ("Travel"). You are solely responsible and liable for your Travel to and from the Territory, and (except to the extent expressly set forth in Section, 8.29 below) all of your related costs and expenses, including without limitation, travel, accommodation, and subsistence costs. 8.28 Notwithstanding Section 8.27 above, if you
(i) are entitled to a Syndicate Prize or Raffle Prize in the amount of more than UK £2,500 or Syndicate share prize of more than UK £100,000;
(ii) do not currently reside in the Territory; and (iii) are required in accordance with these Terms to travel to the Territory to personally collect your Prize, Syndicate Prize Share, or Raffle Prize as applicable, then we will pay your reasonable and justified (in our sole discretion) travel expenses. You acknowledge that our payment of any travel expenses may be subject to your participation in certain marketing
Syndicate Prize Share, as applicable from the Lottery Operator or Lottery Rae Operator in the Territory.
8.29 If you Travel to collect your Prize, Syndicate Prize Share, or Raffle Prize, as applicable, then you agree that you remain solely responsible and liable for, and shall: (i) obtain all necessary visas and permits that are necessary to enter the Territory; (ii) secure travel insurance (which must cover you for medical, personal injury and property claims); (iii) obtain all medical inoculations, approvals and/or consents; and (iv) comply with any Lottery Operator Rules or Lottery Raffle Operator Rules that require the completion and submission of specific forms, paperwork or documentation prior to collecting a Prize (collectively, "Travel Requirements"). You acknowledge that your failure to obtain or comply with certain Travel Requirements may preclude you from collecting your Prize, Syndicate Prize Share, or Raffle Prize, as applicable. You undertake and agree that the Travel is entirely at your own risk. You hereby waive any legal or equitable claims, rights or remedies you may have against Carpe Forte Ltd with respect to:
(a) any Travel, including without limitation Travel-related incidents, injuries, illnesses, or losses that you may suffer or incur; and
(b) your failure to obtain or comply with any Travel Requirements, including if you are unable to collect your Winning or Syndicate Winning Share as a result.
The Subscription Service
8.30The Site enables you to automatically participate, by means of our Messenger Service, in a specific Lottery on a periodic basis (the "Subscription Service").
8.31 If you elect to participate in the Subscription Service and subscribe to a specific Lottery, then we will utilize our Messenger Services in order to allow you to participate in each future Lottery Draw of that Lottery. You acknowledge that the frequency of Lottery Draws each week depends on the specific Lottery that you are choosing to subscribe to (for example, some Lotteries have a draw once a week, whereas others have a draw two or three times per week).
8.32 You may choose to simultaneously join an unlimited number of subscriptions (for different Lottery Draws).
8.33 By default, your participation in any of the Lotteries through the Subscription Service will be based on the Order numbers that you designate when you commence participating in the Subscription Service ("Subscription Order Numbers"). You may use the Site Tools, at any time, to replace the Subscription Order Numbers with the Order numbers that you have designated in the 'My Numbers' feature of your Account.
8.34 You agree that your subscription, and related payment obligations, will remain active until such time as you use the Site Tools to suspend or deactivate your participation in the Subscription Service, which you may do at any time (you may also use the Site Tools to reactivate your participation in the Subscription Service).
8.35 For such time as you are participating in the Subscription Service, you will be debited the Order Price for each Lottery Draw that you play.
8.36 We endeavor to purchase on the user's behalf each Lottery Ticket as soon as the Site begins to accept Orders for a Lottery Draw, and therefore you acknowledge that if you decide to suspend or deactivate your participation in the Subscription Service, you may still be charged, and you agree to pay, the Order Price for the next to occur Lottery Draw.
9. Promotions.
9.1From time to time, we may offer you Bonuses or other promotional offers. All bonuses and promotions are subject to these Terms of Use and to their specific terms and conditions which will be provided along with the description of each promotion. Participation in any Bonus or promotional offers implies full acceptance of general and specific terms and conditions. It is your sole responsibility to ensure that you have fully read and understood the Terms & Conditions prior to the acceptance of any bonus or promotion.
10. Cancelled &Termination of Orders: Errors
10.1 In the event that the processing of an Order, or a Purchase, once it has been Placed or Purchased, is interrupted by a system failure of any nature and is not capable of completion, the amount of the Order, or Purchase, as applicable will be refunded to your Account.
10.2 We reserve the right to terminate Placed Orders, and Stakes without prior notice, whenever we deem this necessary due to software or other errors.
10.3 In the event that any information, including, without limitation, odds and pay tables, is incorrectly published on the Site, the web will take action in order to rectify and amend the data in our system so as to reflect the correct information. Any winnings that are affected by the publishing of incorrect information will also be accordingly amended.
11. Complaints.
11.1 Without prejudice to Section 19 below, if you have any questions or complaints regarding the Site, including with respect to our Services and/or any payments, you may
(i) email us at service@usalottos.com,
(ii) submit an inquiry to us by using the 'Contact Us' option that is provided on the Site;
(iii) chat with us via the online tool that we provide on the Site; and/or
(iv) call us (at your own cost) to the support telephone number that we display on the Site (collectively, the "Support Service").
11.2 When submitting a complaint, please ensure to include clear information regarding your identity and all relevant details that gave rise to the dissatisfaction so that we can clearly identify the issue of concern. We use commercially reasonable efforts to respond as quickly as possible and will do so within 10 days from the date on which the complaint was submitted to us (extendable by 10 further days, if necessary).
12. Play Responsibly
12.1 Carpe Forte Ltd is committed to and encourages a responsible attitude towards betting and gaming, and in this regard we:
(i) prohibit anyone under the age of 18 years (or the applicable age in the relevant country) from registering an Account and using our Services;
(ii) recommend that all Users establish limits for participating in Lottery Draws; and
(iii) do not recommend that Users turn to Lotteries as a source of income or as a way to recoup debt. If you feel that you are using our Services in an irresponsible way, we encourage you to stop using and close your Account by using the Site Tools that we make available on the Site to do so. These include the following:
• You may, at your discretion, choose to limit the amount you may deposit during a specific period of time as is provided by means of the Site.
• You may at your discretion choose to set a maximum session time during which you may be logged in at the Site. After this period has expired, you will be logged out of the Site and any game in progress is stopped.
• You may at your discretion choose to set a time-out for yourself for a period of one day up to six weeks, as per the functions within the Site. During this time you will be unable to play or make a deposit, an order or a purchase.
• You may at your discretion choose to exclude yourself from playing for a definite or an indefinite time, as per the functions within the Site, during which period you will not be able to access your Account.
12.22. If you wish to increase an exclusion or decrease a financial limit, these shall become effective immediately upon receipt of notification. If you would wish to increase a financial limit set by you, such change shall only take place twenty-four (24) hours after the request has been received.
12.3 The Site contains information and links to organizations that can help in case of problem gambling, including links and references to self-assessment tools and resources. If you have concerns about your participation in Lotteries, then we encourage you to seek help through these areas of the Site. Further information can be found here.
12.4 We will use our reasonable endeavors to enforce our responsible gambling policies, to provide you with support and assistance, and guidance in the use of our Responsible Gaming tools; nevertheless, we do not accept any responsibility or liability if you continue gambling and/or seek to use the Site with the intention of deliberately avoiding the relevant measures in place and/or we are is unable to enforce such measures for reasons beyond our reasonable control.
13. International Property Rights.
13.1 The content on the Site, including without limitation, the text, documents, descriptions, products, technology, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Content") and the trademarks, service marks and logos contained therein ("Marks"), are the property of Carpe Forte Ltd and/or its licensors and may be protected by applicable copyright, trademark, patent, or other intellectual property laws and treaties. Content may include information about lotteries in general, Lottery Draws and the results and prize money in connection with the foregoing, and information regarding the odds of winning a Lottery Draw. Carpe Forte Ltd and/or its licensors reserve all rights not expressly granted in and to the Site and the Content.
13.2 Content on the Site is provided to you "AS IS" for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, decompiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein “usalottos”, “usalottos” logo, "Your International Lottery Agent" and other marks are marks of Carpe Forte Ltd or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
14. Links to Third Parties
14.1 The Site may contain links to third-party websites that are not owned or controlled by Carpe Forte Ltd We are not affiliated with, have no control over, and assume no responsibility for the content, privacy notices, or practices of any third-party websites. You expressly release Carpe Forte Ltd from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy notice of each third-party website that you may choose to visit.
15. Disclaimers
15.1 This section applies whether or not the Services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
15.2 The site is provided on an "as is" and "as available" basis, and, without warranties of any kind either express or implied. Carpe Forte Ltd., hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and those arising by statute or from a course of dealing or usage of trade.
15.3 Carpe Forte Ltd cannot and does not guarantee that:
(i) the site will be available at any specific time or for any specific period.
(ii) the site's features, functionality or performance will meet the player's requirements or those of third parties.
(iii) the site or its features and functionality are, or will be, compatible with, or available on, the device or system used by a player to access the site.
(iv) any alert or subscription services (and or any other services) a player may choose will be provided in advance of the applicable cut-off time.
Carpe Forte Ltd shall be not held liable to a player with respect to such services in case they are incorrect, delayed, or not received by the player.
15.4 Carpe Forte Ltd does not guarantee that the site will be free of bugs, security breaches, or virus attacks. The site may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that Carpe Forte Ltd will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion, overload of our or other servers, delay or failure in transmission, or any alteration or distortion of data.
15.5 We do not warrant, endorse, or guarantee any content product, game, or service that is featured or advertised on the site by a third party.
15.6 Carpe Forte Ltd shall have no responsibility for loss or damage due to insolvency of third parties, including, without limitation, banks maintaining Carpe Forte Ltd bank accounts.
15.7 You agree that Carpe Forte Ltd shall not be liable for any:
(i) failure or malfunction of the equipment or technology of your internet service provider;
(ii) loss or damage that may arise from any aspect of the site or its availability or functionality not within the control of Carpe Forte Ltd
(iii) the refusal to provide the services or any of them to any person;
(iv) money lost by placing losing or invalid orders;
(v) any losses caused arising from the misuse or unauthorized use of passwords.
15.8 You agree that Carpe Forte Ltd shall not be liable for any lost lottery ticket or lottery raffle ticket share or failure to lodge a form or purchase a lottery ticket or lottery raffle ticket share, or for any clerical errors that may be included in a lottery ticket or lottery raffle ticket share. To the extent that any incident arises, or we become aware of any incident, we reserve the right to cancel a lottery ticket or an order, and our sole liability to you, and your sole remedy, shall be a refund of the related order price.
15.9 You acknowledge that content regarding a lottery draw or lottery raffle draw, including the official results of any lottery draw or lottery raffle draw (collectively, "lottery operator data"), is based on information that we obtain from lottery operators or lottery raffle operators and such content may be incorrect, incomplete, and subject to change. We do not warrant, endorse, or guarantee the accuracy, currency, or completeness of any lottery operator data and you agree to verify lottery operator data via the website or official publications of the relevant lottery operator or lottery raffle operator.
15.10 Carpe Forte Ltd will use reasonable efforts to ensure that the odds, pay tables, results, and prizes published and/or provided by it are correct. However, Carpe Forte Ltd shall have no liability whatsoever for such errors, including errors that are discovered only after prizes have been paid out, including, without limitations, in cases where such error is based on human error, malfunction, or incorrect information that is published by the lottery operator or other sources of information relevant to the lottery draw or lottery raffle draw involved.
15.11 We do not make any representation or warranty regarding your chance of obtaining winning numbers or of being entitled to a winning, a prize, a syndicate prize share or raffle prize, or usage of trade.
15.12 Carpe Forte Ltd does not guarantee that a lottery operator or lottery raffle operator will perform (including properly) any lottery draw or lottery raffle draw, honour a lottery ticket or lottery raffle ticket share and/or, pay applicable prizes, or syndicate prize share or raffle prizes, and you agree that Carpe Forte Ltd will not be responsible for the failure of any lottery operator or lottery raffle operator in connection with any of the foregoing activities. In no event will Carpe Forte Ltd be required or liable to pay you any prize, syndicate prize share, raffle prize, or amount equal to the prize, the syndicate prize share, or the raffle prize, in the event that a lottery operator or lottery raffle operator fails to do so for any reason. You hereby waive any legal or equitable claims, rights, or remedies you may have against Carpe Forte Ltd or anyone acting on its behalf that arises from your interaction with a lottery operator or lottery raffle operator and/or the actions or inaction of a lottery operator or lottery raffle operator.
15.13 Carpe Forte Ltd is not a lottery operator or lottery raffle operator far and does not hold or provide lottery draws or lottery raffle draws so far as it extends to this site Your participation in each lottery draw and/or lottery raffle draw and purchase of any service is voluntary and at your sole risk. If you have a dispute with a lottery operator or lottery raffle operator or any other user or third party in connection with the site and/or a lottery draw and/or lottery raffle draw (and any prize, winning syndicate prize share or raffle prize in connection thereto), you agree that Carpe Forte Ltd is not liable for any claims or damages arising out of or connected with such a dispute. Carpe Forte Ltd reserves the right but has no obligation, to monitor any such dispute.
15.14 Except as expressly stated in our privacy notice, Carpe Forte Ltd does not make any representations, warranties, or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the site.
15.15 Carpe Forte Ltd shall be liable as expressly provided in these terms but shall have no other obligation, duty, or liability whatsoever in contract, tort (including negligence), breach of statutory duty, or otherwise.
15.16 The provisions of this section 15 shall survive the termination or expiry of these terms.
16. Limitation of Liability
16.1Under no circumstances shall Carpe Forte Ltd, or our affiliates, and our respective officers, directors, employees, licensors, assigns and/or agents be liable for any loss of money, cost, expense loss, goodwill, reputation, special, indirect, direct, incidental, punitive or consequential damages of any kind that arises under these terms or that results from the use of, or the inability to use, the site and/or the services, even if Carpe Forte Ltd has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
16.2 The provisions of this section 16 shall survive the termination or expiry of these Terms.
16.3 You agree to defend, indemnify, and hold harmless Carpe Forte Ltd and our affiliates, and our respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of, or inability to use, the Site;
(ii) any dispute between you and another User or Lottery Operator or Lottery Ra e Operator; or (iii) your violation of the Site Terms.
17. Term & Termination
17.1 These Terms are effective until terminated by Carpe Forte Ltd, in its sole discretion, has the right to terminate your access to the Site, or any part thereof, immediately at any time (including, without any limitation, for a breach of the Site Terms). Carpe Forte shall not be liable to you or any third party for termination of your access to the Site, or any part thereof. If you object to any term or condition of the Site Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 17 (Term and Termination) and Sections 8 (Terms of Services), 13 (Intellectual Property Rights), 15 (Warranty disclaimers), 16 (Limitation of Liability), and 17 (Term and Termination), and any provision which by its nature should survive, shall survive termination of these Terms.
18. Assignment
18.1 These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you but may be assigned by Carpe Forte Ltd without restriction or notification to you.
19. Applicable Law and Relevant Jurisdiction.
19.1 Carpe Forte Ltd reserves the right to discontinue or modify any aspect of the Site at any time. The Site Terms and the relationship between you and Carpe Forte Ltd shall be governed by and construed in accordance with the laws of England and Wales, without regard to its principles of conflict of laws. You hereby waive the right to a jury trial or to participate in a class action. The UN Convention on the International Sale of Goods shall not apply to these Terms. The Site Terms shall constitute the entire agreement between you and Carpe Forte Ltd concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity nof the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that any cause of action that you may have arising out of or related to the site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
19.2 Any claim or dispute arising out of or relating to these Terms and/or your use of the Site shall be resolved exclusively by arbitration conducted in London, England, in the English language by a sole arbitrator (“Arbitrator”) of the International Chamber of Commerce ("ICC"), under its then-prevailing rules. You and usalottos agree to the ICC in said venue as the exclusive forum for resolving any claim or dispute arising out of or related to these Terms and/or your use of the Site. If you and usalottos are not able to agree on a choice of the Arbitrator within fifteen (15) days of one party demanding arbitration, then the ICC shall make the appointment of an Arbitrator who is neutral to the parties in controversy. The Arbitrator will be bound by the provisions of these Terms. Upon rendering a decision, the Arbitrator shall state in writing the basis for the decision, and the written decision of the Arbitrator shall be binding on the parties to the arbitration. Any judgment upon the reward may be entered and enforced in any court of competent jurisdiction. Notwithstanding the foregoing, usalottos may seek injunctive relief in any appropriate court. Each party shall bear its own legal and other costs and expenses in connection with the ICC.