Lancellot is a social lottery cross platform web/mobile service which enables its users to form social lottery buying groups to participate in lottery draws around the world (the “Social Lottery Services” or “SL Services”). Lancellot is owned and operated by [insert company name] located in [insert location] (“Lancellot”). The Social Lottery Services are provided to you subject to the following terms and conditions which should be read carefully by you in their entirety prior to your acceptance of these terms of use, which constitute a legally binding contract between you and Lancellot (the "Terms of Use" or “Terms”). In addition to the Terms of Use, please review our Privacy Policy [add link], as well as other rules, policies, and promotions relating to the SL Services, which are incorporated herein by reference, together with such other policies of which you may be notified of by us from time to time.

 

1. Social Lottery Services, Members, Captains, and Social Lottery Groups

1.1 SL Services. Lancellot displays information in regards to leading worldwide official lotteries (each a "Lottery") that are provided by independent official lottery operators (each a "Lottery Operator") and enables registered Social Lottery Services users ("Member(s)") to join social lottery groups (“Social Lottery Group(s)”) led by group leaders (“Captain(s)”) to purchase lottery tickets for specific Lottery draws (each a "Lottery Draw"), all subject to and in accordance with these Terms. The SL Services displays a complete list of Lotteries, including the schedule for each Lottery Draw, with open Social Lottery Groups available to Members to participate in specific Lottery Draws.

1.2 Members. Our Members must be eighteen years old or legal age of majority depending upon the jurisdiction in order to register and open an account to use the Social Lottery Services (“Account”). The SL Services are not intended for individuals under the age of eighteen. If Lancellot becomes aware of a Member under the age of eighteen Lancellot will close such Member's Account and deny access to its SL Services.

1.3 Captains. Each Social Lottery Group displayed through the SL Services must have a Captain who invites Members to participate in specific Lottery Draws. Once the Captain has the requisite number of Members who agree to participate in a specific Lottery Draw the Social Lottery Group is complete and the Captain must notify Lancellot that he/she is ready to purchase the Lottery tickets on behalf of his/her Social Lottery Group.

1.4 Social Lottery Groups. Through the SL Services, the Captain of a Social Lottery Group invites Members to participate in current Lottery Draws. Lancellot is not liable in any way whatsoever for the actions of the Captain and/or the Members of any Social Lottery Group, including the timely purchase of the Lottery ticket(s) for any Lottery Draw(s) displayed by the SL Services.

 

2. Member Account

In order for a Member to open an Account he/she must provide valid identification and agree to a third party payment processing method, such as, but not limited to, PayPal, for transferring funds required to pay for Lottery Draws which the Member chooses to participate in, such funds to be held in escrow by Lancellot’s third party payment processors. Each Member may only have one Account, for his/her personal use, to access the SL Services. You agree not to create an Account for anyone else or use the Account of another person. You must provide accurate and complete information in regards to your Account. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Lancellot immediately of any breach of security or unauthorized use of your Account. If you wish to stop using the Social Lottery Services and close your Account, you must send an email to support@lancellot.com with your request to cancel your Account, which will be done only after Lancellot verifies that your request is valid and your Account is in good standing.

 

3. Lottery Tickets

3.1 Price. The lottery ticket price is the amount displayed by the SL Services at the time a Member chooses to participate in a specific Lottery Draw through a Social Lottery Group (“Price”). The Price includes our transaction fee to transfer your funds to third party payment processors for purchasing the Lottery tickets. The Price is subject to change from time to time as displayed by the SL Services, and is subject to the amount of Lottery Draws you choose to participate in, as well as the number of Members in your Social Lottery Group in regards to specific Lottery Draws. Payment of the Price will be in accordance with the designated currency chosen when you open your Account.

3.2 Time Stop. Within a certain number of hours prior to the end time of a Lottery Draw by its Lottery Operator, a Member will be prevented from participating in a Social Lottery Group offering such Lottery Draw ("Time Stop"). Lancellot will display the amount of time remaining until the Time Stop for each Lottery Draw, and applicable Social Lottery Group, through the SL Services. Lancellot retains the right, in its sole discretion, to determine the length of the Time Stop. Once the Time Stop for a particular Lottery Draw has expired, no Member will be able to participate in a Social Lottery Group displaying such Lottery Draw.

3.3 No Refund. You acknowledge that as Lottery tickets are purchased locally immediately following the Captain’s closing of the Social Lottery Group and our authorization for the Captain to go ahead and purchase the Lottery ticket, there is no option of timely cancellation and you agree that your participation in the Social Lottery Group and applicable payment of the Price is final, non-cancelable, and non-refundable.

3.4 Scanned Ticket. You may view in your Account scanned copies of the Lottery ticket(s) purchased on your behalf by the Captain of your Social Lottery Group. You acknowledge that it takes time for the Captain to upload scanned copies of the Lottery ticket(s) purchased on behalf of the Social Lottery Group, and there may be a delay between the time that the Lottery ticket(s) is/are purchased by the Captain and the time that a copy is made available to you, and the other Members of your Social Lottery Group.

3.5 Lottery Draw Results. The Lottery Operator will publish the final and conclusive winning numbers of the Lottery Draw ("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 to the Captain, who in turn will pay a portion of the cash prize to each Member of his/her Social Lottery Group in accordance with their share of the winnings ("Prize"). The number of Winning Numbers that you need to obtain to be entitled to a Prize in connection with a Lottery Draw, as well as the amount of a Prize, is determined solely by the Lottery Operator. We will use commercially reasonable efforts to publish the official Lottery Draw results, including the Winning Numbers and Prizes, through the SL Services within a reasonable time following official publication thereof by the related Lottery Operator.

3.6 Collecting your Prize from the Captain. If your Lottery ticket is a winning ticket we will send you an email that your Social Lottery Group has won a Prize and that your Captain will be in contact with you to send you the applicable Prize. Your Account will include all information in regards to your participation in the applicable Social Lottery Group, the name and date of the related Lottery Draw, and the name and email address of the Captain of your Social Lottery Group.

 

4. Intellectual Property Rights

4.1 Permitted Use. We hereby grant you permission to access and use the SL Services, provided that you comply with these Terms of Use and applicable law and do not: (i) copy, distribute or modify any part of the SL Services 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 (as defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the SL Services; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access and/or use the SL Services; (v) use the communications systems provided by the SL Services to send unsolicited or unauthorized commercial communications; (vi) use the SL Services for fraudulent or deceptive purposes; and/or (vii) circumvent, disable or otherwise interfere with security related features of the SL Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the SL Services. We reserve all rights of any kind whatsoever not expressly granted in and to the SL Services.

4.2 Content. The SL Services content, 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 Lancellot and/or its licensors and may be protected by applicable copyright, trademark, patent or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the SL Services and the Content. The SL Services and the Content 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, de-compiled, 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. “Lancellot”, Lancellot logo, and other marks are Marks of Lancellot or its affiliates. All other trademarks, service marks, and logos used by the SL Services are the trademarks, service marks, or logos of their respective owners. [Note: add any additional relevant marks].

4.3 Permitted Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the SL Services, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Terms of Use, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to Member support requests, or (v) protect the rights, property or safety of Lancellot, its users or the public.

4.4 Third party links. The SL Services may contain links to third party websites and/or mobile device applications that are not owned or controlled by Lancellot. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites or mobile device applications. You expressly release Lancellot from any and all liability arising from your use of any third party website or mobile device application. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website or mobile device application that you may choose to visit.

4.5 Limitation of liability. We attempt to be as accurate as possible, however, we cannot and do not warrant that the Content available through the SL Services is accurate, complete, reliable, current, or error free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. You are solely responsible and liable for any use of the Content, or any part thereof.

 

5.  Members/Captains Representations and Warranties, Refunds, and Taxes

5.1 Members. You hereby acknowledge and agree that if you choose to participate in a Lottery Draw through a Social Lottery Group using the SL Services, the funds deposited by you with our third party payment processors will be debited from your Account once the Captain has been authorized to purchase a Lottery ticket on your behalf, along with all the other Members of your Social Lottery Group. Further, you hereby agree that Lancellot shall not be liable nor responsible whatsoever for the Captain’s failure to purchase a Lottery ticket, or his/her loss of such Lottery ticket, or for the Captain’s failure to pay out a Prize to the Members of his/her Social Lottery Group.

5.2 Captains. You hereby acknowledge and agree that subject to section 1.3 above you will purchase, in a timely manner, the Lottery ticket(s) on behalf of the Social Lottery Group (of which you are the Captain), after which you will scan and send a copy of such Lottery ticket(s) to Lancellot. Upon Lancellot’s verification of your Lottery ticket(s) scan, we will authorize our third party payment processors to release the funds in escrow to you from the Members of your Social Lottery Group. In the event the Lottery ticket is a Winning Number you hereby represent and warrant that you will pay the applicable Prize to each Member of your Social Lottery Group, within a reasonable time after the Lottery Operator has paid out the total Prize amount to you, minus applicable taxes and third party fees.

5.3 Refund. All refund requests will be handled directly by our third party payment processors as Lancellot only collects a transaction fee from its Members and does not handle any Member funds in regards to paying the Price for Lottery tickets. You hereby acknowledge and agree that your sole recourse is to seek a refund from your third party payment processor in regards to any Lottery ticket purchased on your behalf by the Captain of a Social Lottery Group which you chose to join.

5.4 Taxes and Reporting. 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 Captain as per these Terms of Use. You acknowledge and agree that the Lottery Operator might retain a portion of your Prize and forward it to the appropriate taxing authority on your behalf.

 

6. No Warranties

6.1 Lancellot disclaims any and all warranties, expressed or implied, in connection with the SL Services which are provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding their quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the SL Services will be uninterrupted, timely or error-free, that defects will be corrected or that the Content and the SL Services shall be free from viruses, bugs or other contaminants.

6.2 Lancellot shall not be liable for any acts or omissions made by your internet service provider, or mobile device company, or other third party with whom you have contracted to gain access to the Social Lottery Services.

6.3 Lancellot reserves the right to suspend, discontinue, modify, remove or add to the SL Services in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so, and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by Lancellot in this regard.

6.4 Lancellot does not warrant, endorse, or guarantee any third party content, product, or service that is featured or advertised through its Social Lottery Services.

6.5 Lancellot does not represent or warrant that any information regarding a Lottery Draw, including the official results of any Lottery Draw based on information that it obtains from Lottery Operators, is correct, complete, and not subject to change.

6.6 Lancellot does not make any representations or warranties in regards to your chance of obtaining the Winning Numbers or any entitlement to a Prize.

6.7 Lancellot does not guarantee that a Lottery Operator will perform any Lottery Draw, honor a Lottery ticket and/or pay an applicable Prize, and you agree that Lancellot will not be responsible for the failure of any Lottery Operator in connection with any of the foregoing activities. Lancellot will not be responsible or liable to pay you any Prize, or amount equal to the Prize, in the event that a Lottery Operator fails to do so for any reason whatsoever. You hereby waive any legal or equitable claims or rights or remedies you may have against Lancellot that may arise from your interaction with a Lottery Operator and/or the actions or inactions of a Lottery Operator.

6.8 Lancellot is not a Lottery Operator and does not hold or provide Lottery Draws. Your participation in each Lottery Draw through a Social Lottery Group is voluntary and at your sole risk. If you have a dispute with a Lottery Operator, third party payment processor, Captain, or other Member, in connection with the SL Services and/or a Lottery Draw, and any applicable Prize thereof, you hereby acknowledge and agree that Lancellot shall not be held liable for any claims or damages arising out of or connected with such a dispute.

6.9 Lancellot is not an online gaming operator nor does the provision of Social Lottery Services constitute gaming or gambling in accordance with the applicable rules and regulations within the jurisdictions that Lancellot offers its Social Lottery Services. [Note: this is subject to Ron’s legal opinion.]

6.10 Under no circumstances, including negligence, shall Lancellot or any of its affiliates be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the SL Services even if Lancellot and/or its affiliates had prior knowledge of the possibility of such damages.

 

7. Governing Law

These Terms of Use and any matters relating hereto shall be governed by, and construed in accordance with, the laws of England and Wales. You irrevocably agree that, subject as provided below, the courts of London shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms of Use and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of Lancellot to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

 

8. Miscellaneous

8.1 We may, at our sole discretion, refuse to register and provide an Account to any individual.

8.2 If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

8.3 Lancellot and its affiliates reserve the right to assign these terms, in whole or in part, at any time without notice. A Member may not assign any of his/her rights or obligations under these Terms of Use.

8.4 No waiver by Lancellot of any breach of any provision of these Terms of Use (including the failure of Lancellot to require strict and literal performance of or compliance with any provision of these Terms) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of these Terms of Use.

8.5 We reserve the right, at our discretion, to change these Terms of Use at any time, and if so we will notify you by email, to your designated email address, and we will post the revised Terms of Use. Any such change shall become effective ten (10) days following our notification, and your continued use of the SL Services thereafter means that you accept the updates to the Terms of Use. We shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against Lancellot in such regard.

8.6 The English language version of these Terms shall be the prevailing version in the event of any discrepancy between any translated versions of these Terms of Use.

8.7 If you have any questions or concerns regarding the Terms of Use you may email us at support@lancellot.com. We will do our best to respond in a timely manner.

 

These Terms of Use have been updated on [insert date].