THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS OF USE OF TOTO EUROPE SERVICES.
The use of the site is only for those who are 18 years old or more. Before submitting a ticket read carefully our terms and conditions.
TERMS AND CONDITIONS
General conditions for sending Quniela, Toto, Lotto, SuperEnalotto forms by means of the internet site www.totoeurope.com and for use of the site. We are pleased that you chosen to send Quniela, Toto, Lotto, SuperEnalotto forms by means of the internet site operated by us at www.totoeurope.com (hereinafter "The Site"). Conditions of participation in the site are set out below. The conditions obligate everyone who chooses to make use of the site, to fill up Quniela, Toto, Totocalcio forms by means of the site, to receive any service by means of the site and also all visitors to the site (each of whom are hereinafter referred to as "The Participant").
1. By filling in details in a participation form by the participant, by his participation in the services of the site, his sending of forms by means of the site, his visiting the site and any matter connected with the site, the participant gives his express irrevocable consent to all the conditions detailed below and generally to all the participation conditions and various provisions to be found in the site, and he confirms and declares that such terms are known to him, accepted by him and obligate him.
2. Xylomax LTD.(hereinafter "The Company") operates the site and acts Quniela, Toto, Lotto, SuperEnalotto only as a receiving station of Quniela, Toto, Lotto, SuperEnalotto (hereinafter the " Quniela, Toto, Lotto, SuperEnalotto ") guesses.
3. The participation of the participant in any lottery and his transaction with the Quniela, Toto, Lotto, SuperEnalotto are subject to the Law and Regulation of the Quniela, Toto, Lotto, SuperEnalotto, the Regulations hereunder and amendments thereto, as may from time to time be published.
4. Any acts and/or services carried out by the company within the framework of the site and the services thereof, are at the sole liability of the participant and no damage in respect thereof shall be borne by the company.
5. The carrying out of any activity in the site, the use thereof and the receipt of any services are subject to these general conditions and to all the other conditions appearing in the site, as well as to the Law, and Regulations of the " Quniela, Toto, Totocalcio ". The strict observance of these provisions and rules by _the participant is a condition for use of the site and the receipt of any services within the framework of the site.
6. The site and computers of the company are not on-line the Quiniela. The site serves only as a means for the receipt of data from participants interested in sending forms. Only the forms transferred by the company to the Quniela, Toto, Lotto, SuperEnalotto which are received and approved by the Quniela, Toto, Totocalcio, will participate in the lottery, and the participant shall not have any claim in respect of the accuracy of the content of the forms transferred as aforesaid, or in respect of any error or change in the content of the forms.
7. The site serves only for the purpose of transferring the data as in these conditions aforesaid. The bets, the lotteries and all mattes connected therewith are not managed and are not carried out by the company and/or the site, they are not under the control of the company and are not at the liability of the company. The role of the company and the service rendered to the participant within the framework of the site are the service of a receiving station of Quniela, Toto, Lotto, SuperEnalotto guesses alone.
8. The participant declares and confirms that he is 18 years of age or older and that he has checked and has found the use of the site, the services within the framework of the site and the filling up and sending of the forms as detailed in the site, to suit him and to answer all his requirements in this respect and he shall not have any claim in respect of the sending of the forms, the various methods for filling up the same, the methods for sending and transferring the data and/or in respect of the mode of transfer of the data and the means used for sending and storing same and/or in respect of any error in same.
9. A precondition to the right of the participant to receive service by means of the site and the sending of forms by means of the site is that the participant strictly and precisely carries all matters required of him, in the process of registration and filling up the forms and receipt of approval from the credit card company with regard to the payment. In the absence of the aforesaid or in the absence of approval by the credit card company, for any reason whatsoever, the participant will not receive the service of the site and no form will be sent. It is clarified that the company shall not bear any liability whatsoever for any matter ensuing therefore, whatever the reason for same, and shall not be bound to give any notice to the participant in respect thereof.
10. The participant undertakes to furnish fully and accurately all of his particulars as may be required for participation as detailed in the site, and confirms that all the particulars given and/or which may be given by him are correct, full and accurate, and the participant undertakes to act in accordance with the provisions and rules of participation, to fill up the forms and all details required fully and accurately and in accordance with the instructions of the site. In the event of any breach of the aforesaid the participant will not be entitled to participate, and the company will not be obligated to complete the participation process and/or to carry out any service if it knows and/or if in its opinion there is a possibility that there was or there may have been a breach of the aforesaid. In such event the company shall be entitled, without any prior notice, to cancel any form or order, including stamped forms, and the participant shall have no complaint, right of action, right of demand against the company and/or any person on its behalf.
11. The company is not and shall not be deemed to be a party to the transaction between the participant and the Quiniela, or as being in any way connected with the bets. The company shall not be obligated in any manner whatsoever in anything whatsoever connected with the bets, the lotteries, the forms, the winnings, the payment of winning, the size of winnings or the carrying out of the betting enterprise or any matter connected with the same, either directly or indirectly. The participant shall have no complaint, right of _action or other right against the company and/of any person on its behalf in any matter connected therewith, and shall not be entitled to take any action against the company in connection therewith. The company is not obligated in any manner whatsoever to grant a right of participation in bets to a participant, and in the event of the rejection of the participation of the participant by the Quiniela, for any reason, the participant shall have no complaint, right of action or other right against the company and/or any person on its behalf.
12. The company shall be entitled to charge participation fees and the price of the forms in accordance with the tariff of the company and the participant undertakes to pay the same. In addition the company is entitled to charge payments for the service granted by the company aforesaid and other services which are given to the participant, in accordance with the price list of the company as may from time to time be published in the site. The company shall be entitled at any time to cancel the right of the participant to send forms by means of the company and to cancel stamped forms in the event that there is in its opinion a reasonable cause for apprehension that the company will not be able to receive participation fees in respect thereof from the credit card company and banks, or if payment from the credit company and banks is not transferred to the company for any reason, even without the sending of any notice, and the participant shall have no complaint, right or right of action against the company relating thereto.
13. The company shall keep for a period of Twelve month virtual copies of the Quniela, Toto, Lotto, SuperEnalotto forms filled up for the participant, a signed printout of which was transferred to the offices of the Quniela, Toto, Totocalcio. The aforesaid provided that payment in full has been received and all debts of the participant, if any, have been covered.
14. Neither the company and/or any person on its behalf shall be liable for any damage and/or loss which may be caused as a result of its activities and/or the personal computer of the participant and/or the site and/or any software and/or communication and data transfer and/or failures or in respect of same and/or any fault whatsoever, including any failure in the transfer of data from the computer of the participant to the computer of the company and/or from the computer of the company to the computer outflows and/or from the company to the Quiniela, for any reason. And the participant waives any claim with regard to the service given to him by the company. In any event in which the company and/or any person on its behalf shall be found liable for any damage and/or loss, the right of the participant to indemnity shall be limited to the amount only of the payment actually made in respect of the Quniela, Toto, Totocalcio form upon which the demand of the participant is based. In any event in which the claim is not based on any form, there shall be no liability for indemnity of the participant in any amount.
15. The participant confirms that he is aware that faults in broadcast, communication and transfer of data from the computer used by the participant to the site may occur and that the same may occur as a result of many reasons, including interference of injury by a third party (whether intentional or unintentional), communication faults, electric current crashes, computer faults and errors whether in hardware or software, force majeure or any other reason. The participant declares that he aware of the existing limitations in the use of telephone lines and the internet web and computers, including all matters relating to the transfer of data by means of internet, and the participant accordingly waives any claim, demand, right, right of action and complaint against the company, its employees, agents, owners or any other person on its behalf, including contractual and/or tortial rights of action in respect of the non-reception of a notice from the participant by the computers and/or site of the company or that the same was received in a faulty manner or was disrupted for any reason whatsoever after reception or was transmitted in a faulty manner to the Quiniela. In such case the participant shall be entitled to indemnity which shall not exceed the amount of the particular payment which was paid in respect only of the forms which was disrupted, provided that and subject to the liability therefore being imposed on the company, and the participant shall not be entitled to any other compensation, indemnity or restitution or to any direct, indirect or consequential damage. This clause shall apply also in the event that the company shall be compelled to stop its services for any reason.
16. The participant undertakes to indemnify the company (or any person on its behalf) in full in respect of any demand and/or claim which the participant or any person on his behalf may file against the Quniela, Toto, Lotto, SuperEnalotto and/or any person or body, including the company, and in respect of which the company (or any person on its behalf) may be obligated to pay any amount to the Quniela, Toto, Lotto, SuperEnalotto and/or other parties, including the participant. In addition the participant shall indemnify the company and any person on its behalf in full in respect of all the damages and expenses which may be occasioned to any of them as a result of such demand and/or claim.
17. The parties agree that the period of limitation of action with regard to any right of the participant in any matter concerning the company and the services within the framework of the site shall be six months only.
18. The participant shall not be entitled to assign or transfer any right or _liability which he may have.
19. The company will not disclose details of participant's net winnings. If the participant resides in a jurisdiction where his winnings are taxable, he/she must, at his own responsibility, keep track of those winnings and report them to the proper authorities.
20. The courts in Spain, Germany, Italy (according with the form) and such courts only, shall have exclusive local jurisdiction with regard to any matter relating to the participation of the participant and to the grant of services by the company. The laws of The state of Spain, Germany, Italy shall apply to the use of the site, these conditions and all other conditions, provisions and generally with regard to any matter ensuing from any use of the site, and such matters shall be adjudicated in the court of Spain, Germany, Italy in accordance with the Spain, Germany, Italy law.
21. The address of the participant shall be in accordance with the particulars which he supplied when registering in the site and any notice sent by the company by registered mail shall be deemed to have reached its address within 72 hours of dispatch, and if sent by facsimile or e-mail-at the moment of dispatch. Nothing in this clause shall derogate from the content of these conditions or impose upon the company and obligation to send notices.
22. The Company will not refund a user for a ticket sent and submitted.
The right of withdrawal is only on credit in the account of the user, Credit result of unused funds and/or winnings at the games above.
Withdrawals will be transferred to the user by bank transfers to the user's bank account directly, all costs and charges of bank fees will be paid by the drawing user.
23. In the event of differences of opinion between the participant and between the company, in any matter whatsoever, the data, entries and documents of the company, and them alone, shall be binding and shall serve as conclusive and exclusive evidence.
24. The company reserves the right to make changes to the site, its content, the conditions of use, the general conditions and/or any other matter relating