1.1. The www.lottofun.co.za website is owned and operated by On Line Lottery Services (Pty) Ltd (company registration number 2000/003778/07) trading as Lottofun.co.za ("Lottofun.co.za" herein).
1.2. Lottofun.co.za currently has two types of members: Silver members who have full access to all number-related features and Gold members who, additionally, inter alia, are able to order lottery tickets online with full lottery account management.
1.3. Lottofun.co.za enables its Gold members to perform various functions related to lotteries, including the online ordering of lottery tickets. Lottofun.co.za facilitates this by acting as an agent on behalf of its Gold members.
1.4. Lottofun.co.za is not a retailer of any lottery ticket and does not, nor does it purport to, sell lottery tickets.
1.5. You must agree to and comply with these Terms and Conditions of Service ("T.O.S"), the game rules in force from time to time of the lottery in question, and be at least 18 years of age: (1) to be eligible to register with Lottofun.co.za; (2) to become and remain a Lottofun.co.za member; (3) to order any lottery entries through Lottofun.co.za; and, (4) to qualify for any prizes.
1.6. If you act on behalf of a syndicate of players that is a private matter between you and the members of your syndicate. Lottofun.co.za, for legal reasons, is able to contract and deal with only the registered Lottofun.co.za member and cannot recognize any private arrangement you might have with your syndicate members.
1.7. Any new features that augment or enhance the services offered by Lottofun.co.za are also subject to these T.O.S.
1.8. Clause headings herein are for convenience only and not to be used in the interpretation hereof.
1.9. Browsing on any website owned by Lottofun.co.za is free and without any obligation other than in browsing you shall be deemed to have agreed to be bound by the indemnity which is contained in clause 18 of the T.O.S.
1.10. You may not conclude any agreement with us without registering as a Gold member and by so registering you unconditionally and irrevocably consent to your use of all websites owned by Lottofun.co.za (and all transactions concluded on it) being subject to these T.O.S.
2. Privacy and Registration:
2.1. In order to use certain services on this website, (in particular, to order lottery tickets using this service) you must become a Gold member. This entails the completion of a registration form and the payment of a nominal registration fee. On the registration form you will be required to insert various personal details. It is important that these details are accurate and correct to ensure that the correct person receives any winnings. These personal details are kept confidential and not disclosed to any third party.
2.2. Each member, in consideration of their use of Lottofun.co.za's services, agrees to:
2.2.1. provide true, accurate, current and complete information about himself/herself as prompted by Lottofun.co.za's registration form (such information being the "Registration Data");
2.2.2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete;
2.2.3. acquaint himself/herself, and comply, with the relevant lottery game rules in force from time to time.
2.4. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lottofun.co.za suspects that such information is untrue, inaccurate, not current or incomplete, Lottofun.co.za has the right to suspend or terminate your membership, remove and discard any information gathered from you, and refuse any and all current or future use of the service (or any portion thereof).
2.5. Lottofun.co.za may in its absolute discretion refuse or cancel your registration or refuse to process any further orders for lottery tickets for any reason whatsoever. In addition, Lottofun.co.za reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of it's services (or any part thereof) with or without notice. You agree that Lottofun.co.za shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Lottofun.co.za service.
2.6. The following representations and warranties are material to Lottofun.co.za and have been relied upon to induce Lottofun.co.za to accept a Gold member's application for registration as a Gold member.
You hereby represent and warrant to Lottofun.co.za, as at the time of your application for registration and for the duration of your membership of Lottofun.co.za, that:
2.6.1. You have acquainted, and will continue to acquaint, yourself with the current rules of any lottery in which you order lottery tickets through Lottofun.co.za;
2.6.2. You fully comply with the current rules of any lottery in which you order lottery tickets through Lottofun.co.za;
2.6.3. You are the minimum age required by the lottery in question to participate in same (usually you must be at least 18 years of age);
2.6.4. You have the necessary legal capacity to become a member of Lottofun.co.za and place legally binding orders for lottery tickets and each order you place, when accepted, will be legally binding and enforceable against you.
3. Contracting with Lottofun.co.za:
3.1. The Lottofun.co.za website is merely an invitation to do business and is not an offer to contract.
3.2. On becoming a registered member of Lottofun.co.za you have entered into a contract with Lottofun.co.za on the terms and conditions of these T.O.S. A Gold member places an order for lottery tickets, and thereby makes an offer to contract with Lottofun.co.za by:
3.2.1. properly completing and submitting the lottery ticket order form on the Lottofun.co.za website; and
3.2.2. putting Lottofun.co.za in funds to pay all charges, costs and expenses resulting from the order (these will appear on the order form).
3.3. The offer to contract is accepted by Lottofun.co.za only when Lottofun.co.za notifies the Gold member of acceptance of the order, and with any conditions that Lottofun.co.za may attach to same.
3.4. These T.O.S. govern your membership of Lottofun.co.za and each and every order accepted by Lottofun.co.za from time to time. These T.O.S regulate your agreement with Lottofun.co.za. There are no other terms or conditions applicable to the agreement between Lottofun.co.za and yourself other than those specifically set out herein.
4. Terms and Conditions of Service:
4.1. Lottofun.co.za makes its website available and provides services, subject to these T.O.S. These T.O.S may be updated and amended by us, in our sole discretion, from time to time without notice to you and all amendments and updates are hereby incorporated by reference into the T.O.S.
4.2. The free services and features made available by Lottofun.co.za on its websites may be used by you at your own discretion and risk, Lottofun.co.za accepts no liability nor responsibility for the accuracy thereof.
4.3. When using any of Lottofun.co.za's services and/or features, you shall be subject to any posted guidelines or rules applicable to such services and/or features which may be posted from time to time. If you choose to use Lottofun.co.za's services you will be deemed to do so on the basis of complete acceptance of the T.O.S and on the explicit warranty from you that you fully comply with the rules of the relevant lottery, from time to time.
5.1. If you become a Lottofun.co.za Gold member, subject to 5.2, each time Lottofun.co.za accepts your order for lottery tickets, you will be deemed to have appointed Lottofun.co.za, and Lottofun.co.za will be deemed to have accepted, appointment as your agent for the purposes set out in this clause 5 and on the basis set out in these T.O.S.
5.2. Notwithstanding anything else contained herein, Lottofun.co.za will be validly appointed by you as your agent only if, at the time you place an order for lottery tickets and for the duration of the purchase and processing thereof:
5.2.1. Your order is not contrary to any law, regulation or the like to which you and/or Lottofun.co.za is/are subject;
5.2.2. Your order does not result in the contravention of any agreement, undertaking, Court order, law and/or regulation to which you and/or Lottofun.co.za is/are subject;
5.2.3. Your membership is current, you are not in breach of these T.O.S, you are not in breach of the rules of any applicable lottery;
5.2.4. The representations and warranties you make in terms of 2.5. are true and correct.
5.3. Lottofun.co.za, acting as you agent, will
5.3.1. receive the moneys you advance together with any winnings you may gain and hold them on your behalf and/or if Lottofun.co.za deems expedient may procure that such funds are held secure by a third party;
5.3.2. execute the accepted orders to purchase lottery tickets received from you using your funds;
5.3.3. purchase the lottery tickets you have ordered and hold them in fire-proof safe custody;
5.3.4. check your ordered numbers against the winning numbers in the relevant lottery draw and promptly apply to the lottery for any winnings that might be due to your ticket/s;
5.3.5. account to you from time to time (notionally into your member account with Lottofun.co.za) with your winnings as and when they are received from the lottery;
5.3.6. procure that your funds are paid as directed by you from time to time;
5.3.7. levy a service/administration fee for acting as your agent and providing the services you use and deduct same from your funds from time to time.
5.4. If Lottofun.co.za accepts an order to purchase lottery tickets on your behalf on the mistaken assumption that it has been validly appointed as your agent, Lottofun.co.za shall nevertheless be entitled, but not obliged, to fulfill the order and, if it does, Lottofun.co.za may use your funds to pay the costs and expenses associated with same.
6. Member's Duties
As a Gold member of Lottofun.co.za, you undertake at all times to:
6.1. comply with these T.O.S.;
6.2. comply with the current rules of the lottery in question;
6.3. put Lottofun.co.za in sufficient funds to discharge Lottofun.co.za's mandate in terms hereof, including the payment to Lottofun.co.za of any amount properly levied on you by Lottofun.co.za from time to time;
6.4. indemnify and hold Lottofun.co.za harmless on the basis set out in 18 below;
6.5. assume responsibility for the recovery of any winnings due to you from the lottery should they dispute or delay in the payment of same;
6.6. be solely responsible for ensuring that your lottery ticket entry numbers and other draw details on the order are correct before you submit the order for processing;
6.7. assume sole responsibility for maintaining the confidentiality of the password and account given to you;
6.8. assume sole responsibility, for all activities that occur under your password or account.
7. Password and Account:
7.1. You will receive a password and account designation upon successfully completing Lottofun.co.za's registration process. We choose the password in order to maintain the security of the website. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
7.2. You agree to:-
7.2.1. immediately notify Lottofun.co.za of any unauthorized use of your password or account or any other breach of security; and
7.2.2. ensure that you exit from your account at the end of each session.
7.3. Lottofun.co.za cannot and will not be liable for any loss, claim or damage you may suffer or incur arising from and/or as a result of the use (authorised or unauthorised) of your password and/or account. You acknowledge that if a third party becomes aware of your password and account designation such person will have access to all of the services and features associated with the operation of that account, including, the choosing of numbers, transfer of funds, pay-outs and payments in (among others). This includes any members of a syndicate on whose behalf you might act.
7.4. You acknowledge and agree that Lottofun.co.za reserves the right to log off accounts that are inactive for an extended period of time.
8. Funds Advanced by Members - Held Securely:
8.1. The funds that you advance to Lottofun.co.za together with any winnings they accrue are advanced by you:-
8.1.1. as security for your performance of the agreements concluded pursuant to these T.O.S from time to time;
8.1.2. as security for any loss Lottofun.co.za might sustain while acting on your behalf;
8.1.3. to place Lottofun.co.za in funds to perform its mandate to you in terms hereof;
8.1.4. remain your funds until the funds are required to be used to settle some form of expense that you have incurred, or Lottofun.co.za has incurred on your behalf from time to time hereunder e.g. an order for lottery tickets, service fees, member fees or any other charges properly levied by Lottofun.co.za in terms of these T.O.S.
8.2. Lottofun.co.za undertakes to hold any funds you advance securely on your behalf as contemplated herein, including the holding by a third party.
8.3. Lottofun.co.za is not a Bank nor a Deposit Taking Institutions as defined in terms of the Banks Act No.94 of 1990 and the Deposit Taking Institutions Act No.9 of 1993. Accordingly the moneys advanced are not held pursuant to those laws, although the institution into which the funds will be held (e.g. the Standard Bank Of South Africa Limited) might be subject to some or all of those laws.
8.4. In addition to the above, moneys advanced by members are governed by the following:
8.4.1. As soon as reasonably possible after your funds have cleared into Lottofun.co.za's bank account your member account with Lottofun.co.za shall be notionally credited with an equivalent amount. This shall provide you with an indication of the funds you have available;
8.4.2. You may mandate Lottofun.co.za to incur liabilities on your behalf to an amount equivalent to the funds standing to the credit of your member account - Lottofun.co.za offers no credit facilities for the purchase of lottery tickets or the payment of the charges it levies;
8.4.3. No interest shall be payable to you on the advanced moneys, any interest thereon to accrue to Lottofun.co.za;
8.4.4. You hereby irrevocably authorise Lottofun.co.za to deduct from such moneys:
184.108.40.206. any amount you might owe to Lottofun.co.za from time to time;
220.127.116.11. any amount you might owe a third party arising from these T.O.S (e.g. for payment of a lottery ticket) and pay it to such third party;
8.4.5. Lottofun.co.za will procure the return to you of your funds standing to your credit on receiving instruction from you to that effect or on fulfillment of the resolutive conditions set out in 13;
8.4.6. If a member wishes to withdraw any funds from their member's account, they may do so by selecting either of the following options:
18.104.22.168. at the member's risk, mail a rand-denominated cheque for the amount to the member's South African registered address (the "default option"); or
22.214.171.124. process a transfer of funds to be deposited into that player's nominated South African bank account.
8.5. Lottofun.co.za will not be held liable in the event the member has provided the incorrect address, Bank/Province/Branch code and/or Bank account numbers to Lottofun.co.za and the funds are transferred into that bank account, or any risk in transit/post.
9. The Order Process:
9.1. If you wish to have Lottofun.co.za purchase lottery tickets on your behalf you will be required to complete the online order form and submit it to Lottofun.co.za. This process is fully automated.
9.2. Please note that if the funds you have available are insufficient to pay the costs and expenses of an order, Lottofun.co.za is unable to process such orders as no purchase of lottery tickets on credit is legally permitted and the order will deemed to have been cancelled.
9.3. Members are responsible for ensuring that their entry numbers and other lottery draw details are correct before they submit the order to Lottofun.co.za for processing. If any member disputes their submitted numbers, then the numbers recorded in Lottofun.co.za's archived computer order file will be considered prima facie proof of the true numbers submitted.
9.4. It should be noted that in terms of these T.O.S. when you place an order for lottery tickets that is accepted by Lottofun.co.za you also expressly authorize Lottofun.co.za to deduct, from time to time, any amounts you might owe Lottofun.co.za and/or any third party from the moneys advanced by you to Lottofun.co.za.
9.5. A lottery entry will only be valid for the intended lottery draw, if (and only if) the order has been received in time for such draw and fully processed by Lottofun.co.za.
9.6. If your lottery ticket order cannot be processed in time for the draw for which you have requested it then the order will be automatically processed for the next lottery draw or the funds shall be refunded to you if you so request.
9.7. A member's lottery ticket order may not be processed if:
9.7.1. the member does not have sufficient funds standing to the credit of his/her member account at the time of making the order; and/or
9.7.2. the order results in the member exceeding his/her current weekly limit (if applicable); and/or
9.7.3. payment by any other method (e.g. credit card) is not received and/or authorised at the time of making the order; and/or
9.7.4. there is any amount owing by the member to Lottofun.co.za; and/or
9.7.5. Lottofun.co.za in its sole discretion elects to reject the order; and/or
9.7.6. technical reasons prevent the order being processed.
9.8. All lottery entries once accepted and processed by Lottofun.co.za cannot be cancelled by the member and nor may the mandate and agency granted to Lottofun.co.za by a member in terms hereof be revoked in respect of such lottery entries. Lottofun.co.za will purchase the ordered lottery entries from the relevant lottery on the member's behalf and receive any prizes therefrom on the member's behalf and notionally credit the member's account with Lottofun.co.za.
10. Prizes and Verification:
10.1. Winnings/prizes shall accrue to the member who purchased the winning lottery ticket and be held by Lottofun.co.za on the same basis as set out in clause 8. Lottofun.co.za will collect the winnings/prizes on the member's behalf. Only once Lottofun.co.za has received payment therefore shall it be obliged to notionally credit the member's account with Lottofun.co.za.
10.2. Security is important, consequently you may be required to provide evidence satisfactory to Lottofun.co.za to prove that you (1) are the true owner of the winning ticket; (2) are/were authorised to use the credit card used to place Lottofun.co.za in funds for the order that produced a winning entry. If evidence reasonably satisfactory to Lottofun.co.za is not produced within a reasonable time, then you might forfeit the prize.
10.3. Lottofun.co.za shall have no obligation to make payment of any prize moneys resulting from an entry in a lottery draw where payment of the charges levied by Lottofun.co.za for that order are not received or not authorised or not honoured or revoked or results from a fraudulent, illegal or unauthorised use of a credit card, debit card or account. Lottofun.co.za will render all assistance to the law enforcement authorities in respect of the commission of any illegal activity hereunder.
10.4. If the lottery in question disputes the payment of any winnings/prize and/or there is an unreasonable delay in the payment of a prize, Lottofun.co.za shall have no obligation to handle the dispute. Lottofun.co.za will deliver the disputed winning ticket to you and shall render to you such reasonable assistance as you may reasonably require to process your claim for the prize.
11. The Lottery Rules
It is your obligation to acquaint yourself with the game rules in force from time to time of the lottery in question. In providing this on-line service, Lottofun.co.za, in so far as may be appropriate, does so in compliance with those rules, and in particular, Lottofun.co.za reserves the right, in it's absolute discretion, to withhold any prize from any member, if it finds that the member's Registration Data is incorrect and/or intentionally misleading or if the member is in breach of the game rules of the lottery in question.
12. Ongoing Rules and Practices:
You acknowledge and agree that Lottofun.co.za may establish general practices and limits concerning use of the Lottofun.co.za service, including without limitation the maximum number of times (and the maximum duration for which) you may access the service in a given period of time and the right to set and enforce for each member a total weekly transaction limit that the member can play and/or deposit into their member 'purse'. This limit may be varied from time to time by Lottofun.co.za in its absolute discretion. You agree that Lottofun.co.za has no responsibility or liability for the deletion or failure to store any messages and other communications from you. You further acknowledge that Lottofun.co.za reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
13. Membership / Account Termination (Resolutive Conditions):
13.1. Your membership and these T.O.S. are subject to the following resolutive conditions that:
13.1.1. you in your sole discretion and by written notice to Lottofun.co.za; or
13.1.2. Lottofun.co.za in its sole discretion and by written notice to you,
may terminate your membership, password, account (or any part thereof) or the use of the service/s provided by Lottofun.co.za.
13.2. If this occurs, Lottofun.co.za will:
13.2.1. remove and discard any information gathered from you, other than information which Lottofun.co.za is obliged to retain by law; and
13.2.2. procure the payment to you any amount standing to the credit of your member account.
13.3. Lottofun.co.za may also in its sole discretion and at any time discontinue providing any of it's services, or any part thereof, with or without notice. You agree that any termination of your access to any Lottofun.co.za service under any provision of this T.O.S. may be effected without prior notice, and acknowledge and agree that Lottofun.co.za may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that Lottofun.co.za shall not be liable to you or any third-party for any termination of your access to the service.
14. Service Fee/Administrative Fee
14.1 All services on this site are FREE to registered members, however we have to charge a small service/administration fee, to cover the costs associated with purchasing lottery tickets on your behalf.
14.2. In order to cover some of the costs associated with providing the services herein and in consideration for the provision by Lottofun.co.za of the agency services hereunder, Lottofun.co.za may levy, and you hereby undertake to immediately pay, such administrative fees and services charges that Lottofun.co.za may levy from time to time.
14.3. Lottofun.co.za will indicate to you the administrative fee and/or service charge payable at the time you place your order for a lottery ticket or when you request a service from Lottofun.co.za.
14.4. By way of a guideline, and in addition to the above, Lottofun.co.za might have to levy a fee or charge for the following:
14.4.1. To process a cheque mailed to a member's registered address;
14.4.2. To transfer/deposit funds to or from a member's bank account.
14.5. You hereby irrevocably authorise Lottofun.co.za to automatically deduct any amounts you might owe Lottofun.co.za or any third party as and when necessary from any amount standing to the credit of your member's account and to take physical transfer of same from your funds.
15.1. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Lottofun.co.za web site or any service provided by Lottofun.co.za therein.
15.2. The instructions on how to register and use the Lottofun.co.za service forms part of these Lottofun.co.za T.O.S.
15.3. Notices to you may be made via either email, SMS or regular mail. Lottofun.co.za may also provide notices of changes to the T.O.S or other matters by displaying notices or links to notices to you generally on the Lottofun.co.za web site, but has no obligation to do so.
15.4. The failure of Lottofun.co.za to exercise or enforce any right or provision of the T.O.S. shall not constitute a waiver of such right or provision.
15.5. Lottofun.co.za shall retain lottery tickets for 48 hours after the draw to which they relate. Thereafter Lottofun.co.za shall become the owner of the tickets and may dispose of them in any way it chooses. Should you not want your ticket disposed off you shall give written notice to Lottofun.co.za within the 48hour period requesting that the ticket in question be retained. You must provide sufficient detail of the ticket, including numbers and identification/order number to enable Lottofun.co.za to identify same.
15.6. Lottofun.co.za shall have no liability whatsoever for any breach of these T.O.S. due to any cause beyond its reasonable control including but not limited to: act of God, inclement weather, server operation interruption, telecommunication interruption, flood, lightning, fire, industrial action, technological breakdown, interruptions of power, act or omission of Government, or other competent authority, riot, war or act or omission of any third party for whom Lottofun.co.za is not responsible.
15.7. You may be subject to additional terms and conditions that may apply when you use affiliate services, advertisers, hyperlinks, third-party content or third-party software.
15.8. If any provision of the T.O.S. is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T.O.S. remain in full force and effect.
16. Area of Applicability:
16.1 Lottofun.co.za does not intend the Lottofun.co.za website to operate as an advertisement outside of the jurisdiction of any particular lottery, the purchase of whose tickets is offered by Lottofun.co.za - in particular, where the advertising of foreign lotteries may be prohibited. The payment of any prizes is governed by the laws governing the lottery in question and the game rules of said lottery and these T.O.S.
16.2 In so far as the South African National Lottery is concerned, Lottofun.co.za draws attention to the existence of foreign exchange control laws that regulate payment of South African currency outside of the national borders. Accordingly, prizes from this lottery will be paid either by a Rand cheque sent to a South African address or into South African, Rand-denominated bank accounts.
16.3 Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct specifically those applicable in South Africa. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Republic of South Africa or the country in which you reside.
16.4 Anyone who is governed by a jurisdiction that prohibits him/her participating in such Internet gaming activities is advised not to participate in the lotteries offered by Lottofun.co.za.
17. Third Parties:
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Lottofun.co.za web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Lottofun.co.za shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Lottofun.co.za web site. Lottofun.co.za may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Lottofun.co.za has no control over such sites and resources, you acknowledge and agree that Lottofun.co.za is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Lottofun.co.za shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to indemnify and hold Lottofun.co.za, and its holding companies, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including legal fees on an attorney and own client scale, made by any third party arising from and/or due to and/or as a result of and/or as a consequence of your use of the services provided by Lottofun.co.za, Lottofun.co.za's acting on your agency, your breach of the T.O.S and/or any of the game rules of any relevant lottery, or your violation of any rights of another.
19. Disclaimer, Waiver of Liability:
19.1. Lottofun.co.za accepts no liability whatsoever and howsoever arising from the use of the Lottofun.co.za web site and/or any service provided by Lottofun.co.za In particular, but not by limitation, Lottofun.co.za will not be held liable in the event that a member's lottery entry is not processed in time for the intended draw for any reason whatsoever, in particular as a consequence of any technical problems, or as a result of a lottery order not being submitted by a member before the entry cutoff time for the intended draw, or as a result of any event contemplated in 15.6. Lottofun.co.za will not be held liable for any loss or damage whatsoever and howsoever arising to any member that occurs as a result of damage to or destruction of Lottofun.co.za's facilities and/or equipment howsoever caused.
19.2. The entire liability of Lottofun.co.za, its holding company, and its directors, members, shareholders, officers, contractors and/or employees is limited to the greater of the aggregate of service fees which you paid to Lottofun.co.za in the six months prior to the action giving rise to liability or R100 (one hundred Rands), whichever of the two amounts is the lesser.
19.3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF Lottofun.co.za'S SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Lottofun.co.za EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Lottofun.co.za MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Lottofun.co.za OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T.O.S.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Lottofun.co.za SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF WINNINGS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Lottofun.co.za HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE LATE PROCESSING OF ANY ORDER OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) AN ACT OR OMISSION BEYOND Lottofun.co.za'S ACTUAL CONTROL; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
20. Intellectual Property:
20.1. You acknowledge and agree that the Lottofun.co.za web site and the services Lottofun.co.za provides and any necessary software used in connection with the provision of such services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the web site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Lottofun.co.za or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Lottofun.co.za's services or the Software, in whole or in part.
20.2. Lottofun.co.za, the Lottofun.co.za logo, the Eyeballs design and other Lottofun.co.za logos and product and service names are the intellectual property and trademarks of On Line Lottery Services (Pty) Ltd (the "Lottofun.co.za Marks"). Without Lottofun.co.za's prior permission, you agree not to refer to, copy, display or use in any manner, the Lottofun.co.za Marks.
20.3. For the avoidance of doubt, the rest of the content of this web site which includes, but is not limited to, the text, graphics, icons, designs, colours, layout are the intellectual property of Lottofun.co.za and its associates. All the intellectual property rights referred to herein are governed by the South African and International Intellectual Property Laws.
21. Applicable Law:
21.1. These T.O.S. are governed by and must be construed in accordance with the laws of the Republic of South Africa. You agree to submit to the non-exclusive jurisdiction of the Courts of South Africa, province of Gauteng, in respect of all matters arising from these T.O.S., their enforcement, breach and/or termination.
21.2. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Lottofun.co.za web site or any service provided by Lottofun.co.za must be served and filed within one (1) year after such claim or cause of action arose or be forever barred.
22. Dispute Resolution
22.1. If any dispute of whatever nature pursuant to these T.O.S., their implementation, interpretation and/or termination arises, either party hereto shall be entitled to require, by written notice to the other of them, that the dispute be referred for determination to experts pursuant to this clause 22.
22.2. The experts shall consist of, in all instances, a suitably qualified and experienced independent person in matters of Information Technology, particularly e-commerce and web-based businesses. If relevant to the issue to hand, the technology expert shall be joined by one or more of the following -
22.2.1. if the question in issue is primarily an accounting matter, an independent practising accountant of not less than ten years standing;
22.2.2. if the question in issue is primarily a legal matter, a practising Senior Counsel or attorney of not less than fifteen years standing;
22.2.3. any other matter, an independent person suitably qualified and experienced in the area of the issue,
agreed upon by the parties hereto or, failing such agreement within three days after the date on which the determination is called for in terms of 22.1, appointed by the Chairman of the Johannesburg Bar Council (or its successors in title/function) who may be instructed by either party hereto to make that nomination at any time after the expiry of that three day period.
22.3. The expert/s selected as aforesaid shall in all respects act as experts and not as arbitrators.
22.4. The expert/s shall not be bound to follow principles of law but may decide the matter/s submitted to him/them according to what he/they consider just and equitable in the circumstances. The provisions hereof shall not apply to these T.O.S which shall be accorded the full force of law due to a binding contract.
22.5. Any hearing by the expert/s shall be held in Johannesburg, in English.
22.6. Immediately after the expert/s have been appointed, he/they may be called upon by either party to fix a date and place when and where the proceedings shall be held and to settle the procedure and manner in which the proceedings will be held.
22.7. The parties shall use their best endeavours to procure that the decision of the expert/s shall be given within twenty-one days or so soon thereafter as possible after it has been called for.
22.8. In the absence of manifest error, the expert's/s' decision shall be final and binding on all parties affected thereby, shall be carried into effect and may be made an order of any competent court at the instance of any of the parties.
22.9. In the event that there is more than one expert appointed they shall be required to decide the matters before them consensually. If, for any reason, they are unable to arrive at a mutually acceptable decision on any issue before them:
22.9.1. those matters that they have consensually decided upon will be disposed of according to their decision;
22.9.2. those matters on which they have been unable to arrive at a mutually acceptable decision shall be deemed unresolved and the aggrieved party shall be entitled to then have recourse to a Court in the Province of Gauteng having jurisdiction.
22.10. Upon giving his award, the expert shall deliver to the parties to the dispute a written statement setting out -
22.10.1. the findings of fact determined by him and forming the basis of his award; and
22.10.2. full reasons justifying his award.
22.11. This clause constitutes an irrevocable consent by the parties to any proceedings in terms hereof and no party shall be entitled to withdraw therefrom or to claim at any such proceedings that he is not bound by this clause 22.
22.12. This clause is severable from the rest of these T.O.S. and shall remain in effect even if this agreement is terminated for any reason.