1. Background

1.1 Oz Lotteries and the www.ozlotteries.com website, any associated sub-domains, and any Oz Lotteries mobile applications ("Oz Lotteries Channels") are owned and operated by TMS Global Services Pty Ltd (ABN 22 089 771 835) (“TMS”, “we” or “us”).

1.2 TMS is a corporate entity that, pursuant to agreements with The Lottery Corporation Limited (“TLC”) and multiple charitable and not-for-profit partners (“Charity Partners”), facilitates the sale of Lottery Products to the Australian public in accordance with Australian law.

1.3. These terms and conditions apply to you as a Member or prospective Member of Oz Lotteries.

2. Introduction

2.1 These terms and conditions govern:
(a) Your application for Membership of Oz Lotteries;

(b) Your Account (if any) with Oz Lotteries, opened following an accepted application for membership, including any funds held in the Account (whether deposited funds or prize funds);

(c) Your purchase (if any) of Lottery Products through any Oz Lotteries Channels;

(d) All other aspects of your dealings with us.

3. Eligibility for Membership

3.1 The laws applicable in your location or place of residence, domicile or nationality may prohibit you from making Purchases from us. You must ensure, prior to making an application for Membership under clause 4, that the laws of the jurisdiction in which you reside permit you to apply for and hold Membership and to meet the related obligations (for example, to deposit funds, make Purchases and receive winnings from us). When you make an application for Membership under clause 4, you are warranting to us that you are lawfully permitted to make Purchases from the jurisdiction in which you reside and that the information provided in support of your application is true and accurate.

3.2 You acknowledge that the warranty provided under clause 3.1 is a precondition to TMS accepting any application for Membership and if you did not provide this warranty, TMS would not accept your application nor activate your Membership.

3.3 In addition to clause 3.1, you may only make an application for Membership if you are at least eighteen (18) years of age, or such other higher age as may be prescribed by law in the jurisdiction in which you reside. You hereby warrant that you are, at the date and time of making an application for Membership and each time you make a Purchase, at least eighteen (18) years of age or such older age as may be required in the jurisdiction in which you reside.

3.4 You are expressly prohibited from making an application for Membership if you:

(a) are an employee, agent and/or contractor (whether engaged on a full time or temporary basis) of the Jumbo Group and are seeking to create a Membership in your personal capacity;

(b) are an immediate family member (spouse, parent, child and/or sibling) who resides at the same residential address as a person under clause 3.4(a);

(c) already hold an Account and/or are already a Member of Oz Lotteries; and/or

(d) reside in a Restricted Country.

4. Applications for Membership

4.1 An application to join Oz Lotteries as a Member may only be made from the Registration Page of the applicable Oz Lotteries Channel.

No other method for joining Oz Lotteries is available.

4.2 You must complete an application for your Membership yourself. You must not complete an application for Membership on behalf of another person. You agree and warrant that the information given by you to accompany the application for Membership shall be true and complete and not misleading in any way (whether material or immaterial) and you acknowledge that but for you providing this warranty, we would not consider your application for Membership.

4.3 By submitting an application for Membership, you are acknowledging that you have read, understood and accepted, and that you agree to be bound by all of these Terms and Conditions and any terms of use posted on any of the Oz Lotteries Channels regarding the use of Oz Lotteries Channels.

4.4 You will become a Member when we accept your application for Membership and create and activate your Oz Lotteries Account.

4.5 Once your Account is activated, in addition to providing the continuing warranty under clause 4.2, you are bound by the obligations under these Terms and Conditions including the Membership obligations referenced in clause 6.

5. Identity Verification Procedures

5.1 Due to legal and contractual obligations governing Oz Lotteries and the Lottery Products offered thereon, you, as a Member, are required to complete our Identity Verification Procedures. The timing for completing the Identity Verification Procedures is discussed in clauses 5.3 to 5.5. The Identity Verification Procedures are designed to verify your identity, age and place of residence, helping TMS to safeguard and protect you against fraudulent use of your Account and identity, and enabling TMS to ensure compliance with applicable regulations.

5.2 As part of the Lotteries Identity Verification Procedures, your identity may be verified by one of our third-party identity verification service providers. One of these service providers is GBG (Australia) Pty Ltd (“GBG”). GBG’s services enable TMS to verify your identity against public records automatically. For any services provided by GBG, you acknowledge that:

For the purpose of TMS verifying your identity, you consent to GBG disclosing your personal information, including information about your income, superannuation and employment, to TMS and to TMS acting on your behalf to disclose your personal information to third parties for the purpose of exercising, on your behalf, your right, under the Australian Privacy Act 1988, to access personal information lawfully held about you by those third parties. You consent to TMS and third parties to which you or GBG sends your personal information retaining and using that information for the purpose of monitoring and improving their verification services. You understand that if you do not provide this consent, TMS may be unable to assess your application.

5.3 We shall inform you when you are required to complete the Identity Verification Procedures, which shall be determined based upon the legal and contractual requirements we are subject to.

5.4 You, as a Member, must complete the Identity Verification Procedures prior to withdrawing any funds from your Account. You will not be permitted to withdraw any funds unless and until you have completed the Identity Verification Procedures.

5.5 Additionally, we may, at any time and in our sole discretion, require you, as a Member, to undergo the Identity Verification Procedures again by reverting the verification status on your Account and/or by Locking your Account (for example, if we suspect fraudulent activity, account takeovers or any other risk to your Account and/or Membership). If your verification status is reverted under this clause, you will be deemed not to have completed the Identity Verification Procedures unless and until you complete them again.

6. Membership Obligations

6.1 Once your application for Membership is accepted by TMS, you become a Member of Oz Lotteries.

6.2 Throughout the life of your Membership, and each and every time you make an offer to Purchase, you warrant that you remain eligible for Membership (as determined under clause 3). We rely upon this warranty when considering your offer to Purchase and in all our interactions with you. You acknowledge that without this warranty from you, we would not consider nor accept any offer to Purchase made by you.

6.3 You must ensure that you:

(a) keep the information stored in your Account up-to-date and accurate, reflective of your circumstances as they may change over the life of your Membership (e.g. your Account must reflect your current State or Territory and address of residence);

(b) keep the credentials used to access your Account secret and secure and do not share them with any other person or third party;

(c) only offer to make Purchases on your own behalf, and not on behalf of any other person or third party, nor permit any other person to do so on your behalf (except as otherwise expressly provided by these Terms and Conditions);

(d) comply with the Customer Behaviour Standards in all communications and correspondence with us; and

(e) otherwise act in full compliance with these Terms and Conditions as they relate to your dealings with us from time to time.

6.4 At any time, using the functionality provided on the Oz Lotteries Channels or by contacting us through our Customer Support channels, you may elect to end your Membership and close your Account. Should you elect to end your Membership and close your Account, these Terms and Conditions provide the way in which we shall process your election and Account closure.

7. Lottery Products – Governing Terms

7.1 The outcome or result of Tickets purchased by you in a Lottery, and the entitlement (if any) of such Tickets to a Prize, will be determined in accordance with:

(a) the Lottery Game Rules for the Lottery in which the Ticket was purchased; and

(b) these Terms and Conditions.

7.2 The Lottery Game Rules that are applicable to each Lottery Product are as listed on the Oz Lotteries Channels. They are also listed on the website of the Lottery Supplier.

7.3 For the avoidance of doubt, the Lottery Game Rules are the responsibility of the Lottery Supplier. The conduct of the Lottery including the determination of entrant eligibility and prize entitlements is in the sole and exclusive control of the Lottery Supplier and we do not, and cannot, influence the Lottery Supplier’s conduct of the Lottery.

7.4 In the event that a difference exists between the Lottery Game Rules displayed on the Oz Lotteries Channels and the Lottery Supplier’s website (as applicable), then the Lottery Game Rules listed on the Lottery Supplier’s website shall take precedence.

8. Purchases of Lottery Products – General

8.1 Oz Lotteries offers a number of Lottery Products for sale to its Members. You may visit the Oz Lotteries Channels at any time to view the Lottery Products currently available for sale.

8.2 Each Lottery Product displayed on the Oz Lotteries Channels is an invitation to treat in response to which you, as a Member, may make offers to Purchase. You may make offers to Purchase any Lottery Product by utilising the Oz Lotteries Channels.

8.3 Each time you make an offer to Purchase, you acknowledge you are making an offer which is made in New South Wales and our subsequent acceptance (if applicable) of the offer is subject to you providing the warranties required under clause 6 and you authorise us (if we accept your offer to Purchase) to debit your Account (or a nominated payment method linked to your Account) for the cost of the Lottery Products selected.

8.4 We do not guarantee that we will accept or fulfil any offers to Purchase made by you and may refuse to do so in our sole and absolute discretion without providing you reasons.

8.5 You must ensure that you make an offer to Purchase with sufficient time prior to the close time for the draw of the particular Lottery for us and the Lottery Supplier to consider and (if applicable) accept and process your offer and issue you Tickets. The relevant close time for the draw shall be listed in the Lottery Game Rules. We accept no liability whatsoever in relation to any offers to Purchase that are unfulfilled as at the close time for the draw and any such offers to Purchase shall be deemed to have been rejected and no Tickets assigned.

8.6 If any of the Oz Lotteries Channels, your computer system, the computer system of the Lottery Supplier or any other technology systems involved in the Purchase process experience any form of malfunction or interruption during the Purchase process and we are unable (as part of its data recovery measures) to recover or verify the status of the Purchase, then the Purchase shall be considered rejected and deemed void.

8.7 If, on receipt of an offer to Purchase, we are unable to fulfil the offer with the Lottery Supplier, then the offer to Purchase will be considered rejected and a full refund (if applicable) will be made to your Account as soon as reasonably practicable.

8.8 An email confirmation of your offer to Purchase a Lottery Product is not confirmation of your offer’s acceptance nor any confirmation or guarantee that a Ticket will be issued to you.

8.9 Your offer to Purchase shall not be deemed to be accepted by us unless and until we and the Lottery Supplier process the offer and issue a Ticket to you, as identified in your Account.

8.10 Offers to Purchase can only be made via Oz Lotteries Channels and not by any other means. Without limitation, no offer to Purchase can be made by telephone, email or postal mail.

8.11 You, as a Member, are prohibited from offering to purchase Tickets on behalf of others, or reselling Tickets to any other person.

9. Purchases of Lottery Products – TLC Products

9.1 From time to time, TLC Lottery Products may be advertised on Oz Lotteries. You may access and view the TLC Lottery Products made available on Oz Lotteries by accessing the Oz Lotteries Channels.

9.2 When you make an Offer to Purchase a TLC Lottery Product through the Oz Lotteries Channels, you are making an offer to purchase from us as an authorised reseller of the respective TLC entity operating the respective Lottery. You are not making an offer to purchase from TLC directly.

9.3 Oz Lotteries is a premium service, providing dedicated Customer Support and a heightened player experience. Accordingly, we charge a premium on TLC Lottery Products. Information about the current premium we charge in relation to TLC Lottery Products is available at:

https://support.ozlotteries.com/hc/en-us/articles/360000095495-Does-it-cost-more-to-play-Internationally

9.4 We are not authorised to resell TLC Lottery Products to persons who are resident in Queensland. If you are a resident of Queensland, you are prohibited from offering to Purchase TLC Lottery Products from us. In the event that you do not identify your address as Queensland (as required by your Membership Obligations under clause 6) and a Ticket for a TLC Lottery Product is issued to you, the Ticket and the Prize (if any) won by the Ticket may be considered void and you shall have no entitlement to the Ticket or Prize.

10. AutoPlays and Subscriptions

10.1 Your ability to use AutoPlay is subject to jurisdiction-specific requirements contained in Codes of Practice. Accordingly, your Account will not have the AutoPlay functionality enabled unless and until you have met such requirements to our satisfaction.

10.2 If the AutoPlay functionality is enabled in your Account, you may elect to set up an AutoPlay. By using the AutoPlay functionality, you are authorising us in advance to debit the available funds in your r Account and/or the alternative payment method linked to your Account for the cost of the Tickets. Your AutoPlay will be fulfilled in the following way:

(a) by using any available funds already deposited into your Account; or
(b) where the costs of the Ticket exceed the balance of your Account, by debiting the alternative payment method/s nominated and stored in your Account for the balance of the Purchase amount; or
(c) where there are no funds available in your Account, or you have opted not to use available account funds, by debiting the alternative payment method/s nominated and stored in your Account for the full value of the Purchase.

10.3 Once set up, an AutoPlay continues indefinitely unless the AutoPlay is revoked by you. Each time your AutoPlay renews, you are re-authorising us to charge you the cost of the Ticket/s under clause 10.2. You may view, modify and pause your active AutoPlays (if any) through your Account.

10.4 If you elect to create a Subscription, you are authorising us in advance to debit the available funds in your Account and/or the alternative payment method linked to your Account for the cost of the Subscription. Your Subscription will be fulfilled in the following way:

(a) by using any available funds already deposited into your Account; or
(b) where the cost of the Subscription exceeds the balance of your Account, by debiting the alternative payment method/s nominated and stored in your Account for the balance of the Subscription amount; or
(c) where there are no funds available in your Account, or you have opted not to use available account funds, by debiting the alternative payment method/s nominated and stored in your Account for the full value of the Subscription.

10.5 Once set up, your Subscription continues indefinitely unless it is revoked by you. On the monthly anniversary of the creation of your Subscription, you are re-authorising us to charge you the cost of the Subscription under clause 10.4. You may view your Subscription through your Account and modify by contacting Oz Lotteries Customer Service.

10.6 You acknowledge that:

(a) where we are unable to complete the Purchase of a Ticket in your Autoplay as per clause 10.2, we will not purchase a Ticket in the nominated Lottery; or

(b) where we are unable to complete the Purchase of a Subscription as per clause 10.4, you will no longer receive the benefits of, or access to products or services otherwise afforded to, a Member who maintains a Subscription until such time as you add funds into your Account, or ensure that your alternative payment method has sufficient funds, to complete a Purchase; and

(c) where we are unable to complete a Purchase for reasons covered in clauses 8.4 to 8.6, we will refund any debited funds in accordance with clause 8.7.

11. Syndicates

11.1 From time to time in our discretion, and subject to the Lottery Game Rules, we may elect to make Syndicates available on individual Lottery Products.

11.2 If made available on the Oz Lotteries Channels, you may offer to Purchase a Syndicate Share. Any offer to Purchase a Syndicate Share shall remain subject to these Terms (in particular clause 8).

11.3 Additionally, with respect to Syndicates only, you acknowledge that:

(a) The Lottery Game Rules determine how Syndicates may be formed, submitted and scored;
(b) By offering to Purchase a Syndicate Share, you confirm you have read and understand the operation of the Syndicate under the applicable Lottery Game Rules.

12. Lotto Party

12.1 In this clause 12:

Lotto Party
means the social syndicate functionality nominated as “Lotto Party” made available on the Oz Lotteries Channels from time to time.

Lotto Party Share
means an individual share of a Lotto Party.

12.2 We may, on selected Lottery Products and at times determined by us in our sole discretion, make Lotto Party available to you.

12.3 If made available under clause 12.2, a Lotto Party may be created by a Member using the functionality and subject to the defined parameters provided by the Oz Lotteries Channels.

12.4 Once a Lotto Party has been created under clause 12.3, you may as part of an offer to Purchase made under these Terms, elect to offer to purchase a Lotto Party Share.

12.5 With respect to Lotto Party Tickets specifically, you acknowledge that (in addition to the provisions of clause 8 and these Terms and Conditions):

(a) An offer to Purchase a Lotto Party Share is not accepted unless and until a corresponding Ticket has been issued to you under clause 8.9;

(b) All Lotto Parties are live sessions, capable of making further offers to Purchase Lotto Party Shares until the earlier of one of the following events occurs:

(i) the pre-configured system maximum (determined by us in our sole discretion) for offers to Purchase Lotto Party Shares is reached; or

(ii) the pre-configured system purchase time (determined by us in our sole discretion) for Lotto Party sessions is reached.

(c) A Lotto Party session and the corresponding offers to Purchase Lotto Party Shares will not be submitted for consideration to the Lottery Supplier unless and until one of the aforementioned events occurs;

(d) Unless and until a Lotto Party session has been submitted to, accepted and fulfilled by the Lottery Supplier, you shall have no entitlement to a Ticket, Prize or to participate in the relevant Lottery;

(e) In the event that you have made an offer to Purchase a Lotto Party Share that is not fulfilled under clause 12.5(d) and no Ticket has been issued to you, you shall be refunded the full amount of your offer to Purchase.

12.6 From time to time and determined in our sole discretion, we may re-design or reconfigure Lotto Party or remove the Lotto Party functionality in whole or in part. We do not provide any representation or warranty that Lotto Party shall be available for any minimum period or with respect to any specific Lottery Products.

13. Prizes – General

13.1 In the event that you Purchase a Ticket that, following the draw of the respective Lottery, entitles you to a Prize:

(a) TMS and/or the Lottery Supplier shall verify the Ticket’s entitlement to a Prize by reference to the records of the Lottery;

(b) TMS and/or the Lottery Supplier shall verify your entitlement to receive the Prize under these Terms and Conditions and the Lottery Game Rules;

(c) TMS and/or the Lottery Supplier shall not disburse or provide any part of any Prize unless and until TMS is satisfied in its sole discretion (acting reasonably) that your Ticket and your Membership are valid and that you are otherwise lawfully and contractually entitled to receive the Prize;

(d) In the event that, notwithstanding you possess a Ticket, TMS forms the view (acting reasonably) that you are not entitled to receive a Prize because of:
(i) a breach of these Terms and Conditions;
(ii) a breach of the relevant Lottery Game Rules; or
(iii) the occurrence of any other relevant material circumstance including but not limited to fraudulent activity, account take-overs or similar,

we shall void and/or cancel your Ticket and shall notify you of that action.

(e) In the event that due to operation of the relevant Lottery Game Rules we are unable to void and/or cancel your Ticket, any Prize entitlement that may arise in relation to the Ticket shall be forfeited, the proceeds confiscated and dealt with by us in accordance with applicable regulation.

13.2 Following TMS and the Lottery Supplier’s satisfaction of your entitlement to receive a Prize, the Prize shall be deposited directly into your Account. Notwithstanding a Prize may appear or be visible in your Account, your withdrawal of a Prize shall remain at all times subject to these Terms and Conditions relating to withdrawals, including without limitation the:

(a) Identity Verification Procedures;
(b) Major Prize Withdrawal Process; and
(c) TLC Division 1 Prize process in clause 14 (as applicable).

13.3 The deposit of Prizes by us under clause 13.2 may be interrupted or delayed by weekends and/or public holidays. We shall use reasonable endeavours to ensure prompt deposit of Prizes however will accept no liability for any delay incurred whether outside our control or not.

13.4 Prizes may be withdrawn by complying with the process outlined in clause 16.

14. Prizes – Division 1 TLC

14.1 In the event that you have Purchased a Ticket in a TLC Lottery Product that (in accordance with the Lottery Game Rules) entitles you to a Division 1 Prize, the following process applies:
(a) we shall provide such information to TLC as is necessary to verify your Ticket and any associated Prize entitlement against the Lottery Game Rules;

(b) TLC may conduct a Division 1 Prize verification process to verify, to TLC’s satisfaction, your Ticket and any associated Prize entitlement. You shall be required to provide all reasonable assistance to TLC that TLC considers necessary to verify your Ticket and Prize entitlement under this clause;
(c) Following TLC being satisfied of your entitlement to receive a Division 1 Prize, TLC and/or we will disburse the Prize to you.

14.2 The assessment by TLC of a Ticket’s entitlement, if any, to a Prize (including a Division 1 Prize) is entirely outside of our control. Any dispute arising out of TLC’s assessment of a Ticket’s eligibility to receive a Prize must be raised with TLC directly in accordance with the relevant Lottery Game Rules.

14.3 While we shall direct you to the appropriate TLC verification processes and claim forms (if required), the assessment, progression and resolution of your Division 1 Prize entitlements shall be determined solely between TLC and you. Other than providing the information required under clause 14.1(a), we shall not provide any assistance to you in communicating with TLC. It is your sole obligation to complete the TLC Division 1 Prize verification process to TLC’s satisfaction.

15. Prizes – Physical Prizes

15.1 From time to time, the Oz Lotteries Channels may advertise Tickets in a Lottery that has advertised as its Prize a physical good (for example, a vehicle, a boat or a house/land package). The provisions of this clause 15 apply to Prizes that are physical goods.

15.2 In the event that you purchase a Ticket that entitles you to a Prize, you are obliged to provide all reasonable cooperation to us and/or the Lottery Supplier, as requested in the circumstances, to enable the Lottery Supplier to provide you with the Prize.

15.3 You acknowledge that due to the nature of a physical Prize, we and/or the Lottery Supplier cannot provide you with the Prize without your cooperation and you agree to act in good faith in your dealings with us and/or the Lottery Supplier. Subject to the Lottery Game Rules, you absolve us and the Lottery Supplier from any and all liability arising out of delay incurred in the delivery of the Prize.

15.4 Unless otherwise provided by the Lottery Game Rules, the risk and title in the Prize shall vest in you immediately on confirmation of delivery by the Lottery Supplier (or such other third party as may be engaged by the Lottery Supplier to effect the delivery or transfer of the Prize). Until delivery has been effected, risk in the Prize remains with the Lottery Supplier. Following delivery, you acknowledge that your use of the Prize (if any) shall be outside the control of us and/or the Lottery Supplier and shall be at your sole and complete risk. On accepting delivery, you thereby absolve us and/or the Lottery Supplier from any liability (howsoever arising) in relation to your use or exploitation of the Prize.

15.5 In relation to physical Prizes, as between you, us and the Lottery Supplier, you further agree and acknowledge that if you are entitled to a Prize:

(a) the Lottery Supplier, as the entity conducting the Lottery, is the party responsible for providing you with the physical Prize;

(b) while we may assist you and the Lottery Supplier arrange and effect delivery of a Prize, we are under no obligation to do so and shall in no way be held liable or responsible for any act or omission of the Lottery Supplier or you, nor any other intervening act or third party, that may occur in the course of you claiming and receiving your Prize.

16. Account Funds

DEPOSITS

16.1 When your Membership is activated, you may deposit funds into your Account using any of the payment methods we make available to you from time to time.

16.2 Your deposit of funds shall be subject to the terms and conditions, timeframes, fees and charges (if any) applicable to the relevant payment method you elect to use. These terms and conditions, timeframes, fees and charges are outside of our control, are your sole responsibility, and you hereby absolve us of any liability or obligation with respect to the same.

16.3 Following the processing of your deposit by the payment method you elected to use, your Account will be updated by us to display your available funds. A deposit of funds shall only be completed when your Account balance is updated to reflect the available funds.

16.4 We may, in our sole discretion and election, impose financial limits and/or system restrictions on your ability to deposit funds into your Account.

16.5 While we use reasonable endeavours to ensure your Account balance remains accurate at all times, it is your ongoing responsibility to monitor your Account balance for discrepancies. If you identify any discrepancies in your Account balance, you should contact Customer Support immediately. You may check your Account balance at any time by accessing your Account.

16.6 You may use available funds in your Account balance to make offers to Purchase pursuant to these Terms and Conditions.

16.7 In the event that any funds are credited to your Account balance in error, you shall have no rights in relation to those funds and are obliged to notify us of the error as soon as possible. Any offers to Purchase made and/or processed utilising the erroneously credited funds shall, unless we advise otherwise, be considered void. We may at any time and without notice to you adjust the balance of your Account to rectify any erroneous credits or debits.

16.8 If you elect to deposit funds in your Account using any of the payment methods made available to you, a five dollar ($5) minimum deposit value will apply. You may elect to deposit any amount over the minimum deposit value. Offers to Purchase may be made for goods or services on the Oz Lotteries Channels at their value and not subject to any system minimums.

WITHDRAWALS

16.9 Subject to the technical availability of the Oz Lotteries Channels and a supported payment processing method being utilised, you may elect to withdraw any available Account balance at any time under this clause 16.

16.10 Withdrawal of funds held in your Account is subject to the Identity Verification Procedures. No Member shall be capable of withdrawing any funds, including Prizes (where applicable), unless and until they have complied with the Identity Verification Procedures, the relevant Lottery Game Rules and these Terms and Conditions to our full and complete satisfaction.

16.11 In addition to clause 16.10, in the event that you seek to withdraw a Prize that is greater than twenty thousand dollars ($20,000), our Major Prize Withdrawal Process shall apply. You will be required to assist us to complete our Major Prize Withdrawal Process before we shall give effect to your withdrawal request.

16.12 If you breach any provision of these Terms and Conditions or you have, in our reasonable opinion, provided incorrect, fraudulent or false information, or you do not comply with the Identity Verification Procedures, you shall be prevented from withdrawing any funds from your Account, unless and until your breach or non-compliance has been rectified to our sole reasonable satisfaction.

16.13 We may make payment of funds to you by any of the methods accessible through your Account that you elect to use. You are solely responsible and liable for any fees and/or charges applicable to the payment method you elect to use for any withdrawals and absolve us entirely of any loss or delay incurred by you as a result of the payment method selected.

16.14 Immediately following the withdrawal of funds from your Account, we shall have no further liability to you with respect to the funds withdrawn.

PAYMENT TRANSACTION COSTS

16.15 You agree to indemnify us entirely with respect to any loss, damage, fees, charges, levies, taxes or penalties we may incur or be exposed to arising out of any deposit or withdrawal of funds you make as part of your Membership, including recovery of our reasonable time and labour costs actioning, responding to or otherwise resolving your deposit or withdrawal of funds . In the event we incur such loss or damage, you authorise us to debit your Account for the value of the loss or damage incurred.

FOREIGN CURRENCIES AND INTERNATIONAL TRANSACTIONS

16.16 In addition to clause 16.15, you further acknowledge that you are solely responsible and liable for any costs, exchange rate fluctuations, conversion charges or other fees applicable to your withdrawal of funds into a foreign currency or account. The foreign exchange rate applicable to your request to withdraw shall be that applied by the financial institution utilised by us at the time your withdrawal request is processed.

MAINTENANCE OF ACCOUNTS

16.17 Any funds deposited into your Account are held in one or more of our general accounts. You consent to those funds being (at our sole discretion and exclusive risk) invested in markets or stored in accounts we choose. No interest shall be payable by us to you on any funds deposited into your Account.

CREDIT PROHIBITION

16.18 As required by law and in furtherance of our commitment to responsible gambling, no credit may be used to make an offer to Purchase or otherwise applied to your Account.

16.19 It is your sole responsibility to ensure that you have sufficient cleared funds available in your Account or via your chosen payment method to cover the costs (including any applicable fees, levies, charges, taxes or penalties) of any offer to Purchase you make.

17. Inactive Accounts

17.1 For the purposes of this clause:

Locked Account means an Account held by a Member that we or our Oz Lotteries Channels and/or system has locked;

Inactive Account means an Account other than a Locked Account, against which no Purchase has been completed for a continuous period of thirteen (13) months.

17.2 When your Account becomes an Inactive Account, we may elect to give you notice advising you that an account maintenance fee of $5.50 per month (inclusive of GST) shall be charged against your Account if it continues to remain an Inactive Account for a further month from the date of the notice.

17.3 Following the provision of the notice under clause 17.2, we may charge the account maintenance fee against your Account. For the avoidance of doubt the account maintenance fee shall be charged against the available balance in your Account only and shall not be charged to any payment method linked to your Account. If your Account balance is less than the account maintenance fee to be charged in a particular month, we shall only charge the account maintenance fee against your Account balance. When your available Account balance reaches zero, we shall cease charging you the account maintenance fee.

18. Suspension / Termination of Membership

18.1 We retain the right to suspend and/or close your Account at any time without notice and without giving you any reason. We shall act in good faith when exercising the discretion under this clause.

18.2 If we form the view that you, as a Member:

(a) have breached any of these Terms and Conditions, including the Customer Behaviour Standards;
(b) have breached any applicable Lottery Game Rules; or
(c) pose an unacceptable fraud, Sanctions, PEP or other similar risk,

then we may suspend and/or close your Account at any time and may retain funds held in your Account until such time as we are satisfied that no breach has occurred or risk continues to exist that justifies the retention.

18.3 In addition to clause 18.2, in the event that we form the view you, as Member, have breached the Customer Behaviour Standards, we reserve the right in our sole discretion to:

(a) immediately terminate any telephone or live-chat conversation then in progress with you;
(b) elect to communicate with you solely in writing for all future correspondence; and
(c) refrain from engaging in any verbal or real-time communication with you unless and until we can be satisfied, in our sole discretion, that you will not repeat a breach of the Customer Behaviour Standards.

18.4 Subject to clause 18.2, if your Account is closed for any reason and you have completed our Identity Verification Procedures:

(a) we shall remit to you (upon receipt of written request and subject to you providing valid payment method details) the balance (if any) of funds held in your Account at the time of closure, less any costs, fees and/or charges that we may incur as a result of processing the remittance;

(b) we shall take such steps as are necessary to deactivate your Membership and Account in our systems, including invalidating your Account credentials.

18.5 If your Account is closed for any reason and you have not completed our Identity Verification Procedures:

(a) we shall withhold remittance of the balance (if any) of funds held in your Account at the time of closure until such time as you have completed the Identity Verification Procedures and provided us with a valid payment method. Following your completion of the Identity Verification Procedures, you may seek to withdraw the balance of funds held in your Account under clause 16;

(b) we shall take such steps as are necessary to deactivate your Membership and Account in our systems, including invalidating your Account credentials.

18.6 In the event that your Account is closed for any reason at a time when you have or hold Tickets in a Lottery which has not yet been drawn, unless otherwise provided by these Terms and Conditions or the Lottery Game Rules, your Ticket shall be entered into the Lottery and your entitlement to a Prize (if any) shall be determined, and any Prize entitlement disbursed, in the manner provided by these Terms and Conditions.

19. Responsible Gambling

19.1 We at Oz Lotteries are committed to facilitating the sale of our Lottery Supplier’s products in a responsible and safe manner. We utilise the technology inherent in our Oz Lotteries Channels’ offering to ensure that our Oz Lotteries business delivers a fun, safe and industry-leading play experience while remaining vigilant of responsible gambling considerations.

19.2 For your benefit, we maintain a knowledge base of articles, guidance and tools relating to responsible gambling that we invite you to explore and utilise (“Knowledge Base”). The Knowledge Base is maintained and accessible at:

https://www.ozlotteries.com/about/responsible-gaming

19.3 In addition to the Knowledge Base, we have the following tools available for you to use at your election:

19.3.1 Self-Assessment Tools: We provide links to third party self-assessment tools, such as those provided by Gambling Help Online, to allow you to assess your play habits.

19.3.2 Spend Limits: You may set up a spend limit on your Account to restrict your daily, weekly or monthly ability to purchase Tickets. Spend Limits may be set-up and managed through your Account dashboard. If you require assistance setting up, understanding or revoking a spend limit, please contact Customer Support. Spend Limits may be subject to jurisdiction-specific conditions and/or requirements.

19.3.3 Self-Exclusion: You may elect to suspend your ability to make offers to Purchase through Oz Lotteries at any time in your sole discretion. If you request self-exclusion you acknowledge that:

(a) Self-exclusion lasts for a minimum period of twelve (12) months from the date on which the exclusion is implemented. When imposed, there is no ability to revoke an exclusion before the twelve (12) month period has elapsed.

(b) If you have any unplayed Tickets at the time the exclusion is imposed, where the unplayed Ticket is capable of being cancelled, we will cancel each of your Tickets and shall refund the price paid to your Account balance.

(c) We shall follow our internal self-exclusion process, as part of which we shall assist you in withdrawing any balance in your Account. Any withdrawal shall remain subject to these Terms and Conditions (for example, the Identity Verification Procedures and clause 16).

19.3.4 The Knowledge Base and the third-party tools referenced above and provided by Oz Lotteries are done so to provide information only, free of any representation or warranty from us as to their content, fitness for purpose or usability.

19.4 Codes of Conduct: As part of our relationship with TLC, and accordingly in our dealings with you as a Customer of TLC Lottery Products (where applicable), we maintain strict compliance with Codes of Conduct governing each Australian jurisdiction and maintained by TLC. You may access a copy of the Codes of Conduct here:

https://www.ozlotteries.com/about/responsible-gaming

19.5 Complaints Handling Charter: We are committed to high standards of customer service and satisfaction and take your feedback seriously. If in the course of your dealings with us you raise a complaint with respect to our conduct, we shall consider and act upon your complaint in accordance with our Complaints Handling Charter.

The Complaints Handling Charter is available at:
https://www.ozlotteries.com/public/pdf/au/complaints_handling_charter.pdf

20. Privacy – Use and Collection of Personal Information

20.1 TMS is committed to the responsible collection and use of personal information consistent with the principles of the Privacy Act 1988 (Cth). In all of your dealings with us, your personal information shall be dealt with in accordance with the Oz Lotteries Privacy Policy which is available at:

https://www.ozlotteries.com/about/privacy

20.2 Should you have any privacy related queries or wish to exercise rights available to you at law, please contact us at the details provided in the Privacy Policy.

21. Intellectual Property

21.1 We own or are licensed to use the intellectual property inherent and subsisting in all of the content displayed on the Oz Lotteries Channels, including but not limited to copyright, patents, designs and trademarks, whether protectable by legislation, at common law or in equity, and whether registered, registrable or otherwise. With respect to the intellectual property inherent and subsisting in particular Lottery Products, we are licensed by the respective Lottery Supplier to use their owned intellectual property on the Oz Lotteries Channels.

21.2 You are permitted to use the intellectual property of us and any Lottery Supplier as displayed on the Oz Lotteries Channels only insofar as is strictly necessary to navigate the Oz Lotteries Channels to utilise your Membership and/or to make offers to Purchase and otherwise for your own personal and private use.

21.3 You are prohibited from taking any action alone or in combination with others that exceeds the scope of the use rights conferred upon you or in any way could be considered by us to threaten or infringe upon any intellectual property displayed upon the Oz Lotteries Channels. You may not reproduce, distribute, disseminate, decompile, reproduce, reverse engineer, modify, adapt, develop, interfere with, create derivative works from or in any way commercially exploit the intellectual property in any circumstance.

22. Oz Lotteries Channels Terms of Use

22.1 The Oz Lotteries Channels Terms of Use form part of and are actionable and enforceable under these Terms and Conditions.

The Oz Lotteries Channels Terms of Use are located at.

https://www.ozlotteries.com/about/terms-of-use

23. Indemnity and Liability

23.1 Our obligations to you are limited to those explicitly stated in these Terms and Conditions. Our liability to you shall be limited in all circumstances to matters arising out of a breach by us of these Terms and Conditions.

23.2 We make no representations or warranties (as to fitness for purpose or otherwise) other than those expressly set out in these Terms and Conditions, whether with respect to Oz Lotteries, the Oz Lotteries Channels, a Lottery Product or Lottery Supplier.

23.3 Nothing in these Terms and Conditions restricts or limits any rights that may be available to you under law (including the consumer guarantees under the Australian Consumer Law) that we cannot lawfully restrict or limit, or where liability arises from our criminal or wilful misconduct. In all other respects these Terms and Conditions are to be read to exclude consumer guarantees not replicated in writing.

23.4 In no circumstance shall we be liable to you for any indirect or consequential loss however caused or arising, including but not limited to: loss of chance, expectation, profits or opportunity; damage to reputation or goodwill; or any tax or financial consequences.

23.5 To the extent permitted by law, you agree to indemnify us, the Jumbo Group and its employees, officers, agents for any loss arising out of or attributable to:

(a) your breach of these Terms and Conditions;

(b) your breach of any applicable Lottery Game Rules; and/or

(c) any fraudulent and/or criminal conduct on your part alone or in combination with others.

24. General

24.1 We may vary these Terms and Conditions in the following ways:

(a) If we reasonably consider that an intended variation shall have no or immaterial detrimental effect to you – we may vary the Terms and Conditions immediately by publishing the varied Terms and Conditions on the Oz Lotteries Channels;

(b) Otherwise, we shall notify you either:

(i) by a notice accessible or visible to you when you access your Account, identifying the intended date of variation to the Terms and Conditions; or

(ii) by mail (whether physical or electronic) to an address (whether residential, email or otherwise) provided by you to us identifying the intended date of variation to the Terms and Conditions.

24.2 If you consider that any variation to the Terms and Conditions is unacceptable to you, you may elect to close your Account and your Account and the balance of funds (if any) therein shall be dealt with pursuant to the then-applicable Terms and Conditions.

24.3 If you do not elect to close your Account under clause 24.2, you shall be deemed to have accepted the Terms and Conditions as varied and your continued use of the Oz Lotteries Channels, Membership, Account and any offers to Purchase you may make shall be subject to the varied Terms and Conditions.

24.4 This Agreement shall be governed by and construed in accordance with the laws applying in the New South Wales. The Parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

24.5 As far as possible all provisions of these Terms and Conditions must be construed so as not to be invalid, illegal or unenforceable. If anything in these Terms and Conditions is unenforceable, illegal or void then it is severed, and the rest of the Terms and Conditions remain in force. If any provision of this Agreement cannot be read down, that provision will be void and severable and the remaining provisions of the Agreement will not be affected.

24.6 Any notice that is required or permitted to be given under these Terms and Conditions may be delivered in the following manner:

(a) For notices we send to you – by way of telephone, mail, email or any other form of communication available using the contact details stored against your Account;

(b) For notices you send to us – by email to Oz Lotteries Support on [email protected] or by writing via any other designated Customer Support contact channel accessible via the Website.

24.7 Any delay or failure on the part of either Party in exercising or relying upon any of its rights in or under this Agreement shall not constitute a waiver of such rights, save where the delay renders the exercise of the right impossible. A waiver given under these Terms and Conditions is only effective if it is freely given by the Party in writing. No waiver by either Party of any of its rights under these Terms and Conditions shall constitute a waiver of rights on any subsequent occasion.

24.8 TMS may assign the rights and obligations under these Terms and Conditions to any other member of the Jumbo Group at any time in its sole discretion. If such assignment is effected, and you do not wish to continue to hold an Account, you may elect to close your Account under clause 6.4 and shall, subject to these Terms and Conditions, be entitled to receive any money (whether Prize or deposited into your Account) owed to you at the time you close your Account.

24.9 You acknowledge that Membership is personal to you and accordingly you are not permitted to assign your rights or obligations under these Terms and Conditions under any circumstances.

25. Definitions & Interpretation

25.1 In these terms and conditions:
(a) headings are used for convenience only and do not form part of the terms and conditions;
(b) a reference to “you” includes you as an individual (whether a Member or prospective Member), your estate and any authority appointed at law;
(c) words in the singular include the plural and vice versa;
(d) any reference to legislation or applicable laws includes said legislation or laws as may be amended, repealed or replaced from time to time;
(e) the term “includes” is not a word of limitation;
(f) any reference to “$” or “dollar/s” refers to Australian currency;

Account means your Oz Lotteries account, accessible via your user credentials, that is created by us following your application for Membership under clause 4. Your Account is accessible via the login page of Oz Lotteries My Account or the Oz Lotteries mobile application;

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

AUSTRAC means the Australian Transaction Reports and Analysis Centre;

Authorised Representative means a person who is authorised by applicable law, whether under Power of Attorney, Guardianship or other order, to act on your behalf and discharge your obligations in the case of your inability to do so;

AutoPlay means a standing offer to Purchase a Ticket made by you to us pertaining to the current and future draws of a specific Lottery Product, which continues automatically until cancelled by you.

Charity Lottery means a Lottery Product, offered by a Charity Partner, in which we offer for sale entries to Members;

Charity Partner means an Australian charitable or not-for-profit organisation registered on the ACNC Charity Register;

Codes of Conduct has the meaning prescribed by clause 19.4;

Codes of Practice means the jurisdiction-specific requirements governing the offer and operation of Lottery Products. Information regarding the Codes of Practice is available at:

https://www.ozlotteries.com/about/responsible-gaming

Customer Support means the Oz Lotteries customer support service, contactable through the Oz Lotteries Channels or by the methods outlined below:

Phone: 1300 188 911
Email: [email protected]

Customer Behaviour Standards means the following minimum expected standards of behaviour:

You, as Member, must not engage in any form of behaviour that is abusive or aggressive in any manner, including but not limited to:

(a) Any form of abuse, harassment, vilification or bullying that is discriminatory or offensive on any ground whatsoever including but not limited to grounds of race, sex, gender identity, age, disability or impairment, sexuality or any other attribute protected under Australian law;
(b) Rude or vulgar or otherwise offensive or aggressive expressions, noises and/or gestures;
(c) Any other verbal abuse irrespective of to whom it is directed;
(d) Any threatened or actual physical violence whether against person(s) or property.

Identity Verification Procedures means the set of procedures Oz Lotteries requires Members to complete in order to verify their identity, age and location of residence as required by applicable laws and regulations. The Identity Verification Procedures may include at our discretion Sanctions and PEP screening checks and the Major Prize Withdrawal Process.
For more detailed information, see:

https://support.ozlotteries.com/hc/en-us/articles/360001382276-Verification-FAQs

Jumbo Group means Jumbo Interactive Limited (ABN 66 009 189 128) and its subsidiaries including but not limited to TMS, the corporate entity that operates Oz Lotteries;

Knowledge Base is defined in clause 19.2;

Lottery means a lottery game into which we sell Tickets on Oz Lotteries;

Lottery Game Rules means the set of rules published by the relevant Lottery Supplier and approved by the relevant regulatory bodies which dictate the way in which the relevant Lottery shall operate;

Lottery Products means the collection of individual Lotteries that are advertised for sale on Oz Lotteries from time to time;

Lottery Supplier means the providers of licensed Lottery Products from which Oz Lotteries purchases Tickets on behalf of Members;

Major Prize Withdrawal Process means a set of heightened Identity Verification Procedures (including Sanctions and PEP screening checks) that Oz Lotteries requires Members to complete under clause 16.11;

Member means an individual who has completed the registration procedure and become a Member of Oz Lotteries under clause 4.4;

Membership means the collection of rights and obligations personal to you that is may be afforded to you under clause 4.4;

Oz Lotteries means the Oz Lotteries Channels and associated business conducted via the Oz Lotteries Channels by TMS;

Oz Lotteries Channels means the www.ozlotteries.com website, any associated sub-domains, and any Oz Lotteries mobile applications;

PEP means a politically exposed person as defined by AUSTRAC, and PEP screening check means our assessment of your PEP status;

Purchase means the purchase of a Ticket/s into a Lottery Product or a Subscription by you, as a Member, using the Oz Lotteries Channels;

Registration Page means the My Account registration page on the applicable Oz Lotteries Channel (including www.ozlotteries.com or the My Account screen on the Oz Lotteries mobile application) at which the application forms that individuals must complete to register to become a Member are available.

Restricted Country means any of the countries in which we do not offer Oz Lotteries. The current Restricted Countries are identified at the following location:

https://support.ozlotteries.com/hc/en-us/articles/360001026276-Restricted-Countries

Sanctions means our assessment of the impact of Australian government sanctions (whether imposed on you as an individual or on your country/domicile of residence) on our ability to provide you our services;

Subscription means a recurring payment made by you, as a Member, for ongoing access to services either offered by TMS or by an approved third party.

Ticket means an entry into a Lottery;

TLC Lottery Product means a Lottery Product that is owned and offered for sale by The Lottery Corporation Limited. We are an authorised re-seller of NSW Lotteries, Tatts and SA Lotteries, collectively referred to as TLC Lottery Products; and

TMS means TMS Global Services Pty Ltd (ABN 22 089 771 835).

Last Updated: 28 October 2024