Terms of Use

Oz Lotteries Channels

Overview

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

Any use of the Oz Lotteries Channels is subject to these Terms of Use, and by your use of the Oz Lotteries Channels you acknowledge and agree to be bound by the Terms of Use.

In these Terms of Use, “you” and “your” mean you, the user of the Oz Lotteries Channels.

Scope of Use

These Terms of Use apply only to your use of the Oz Lotteries Channels. They do not apply to nor govern any offer to Purchase you may elect to make with respect to any of the goods and/or services offered on the Oz Lotteries Channels.

The Oz Lotteries Terms and Conditions apply to your Membership with Oz Lotteries and govern the dealings you may have with us from time to time.

Linked Sites / Third Party Websites

From time to time, the Oz Lotteries Channels may display or host links to websites and/or material of third parties. Any third party links are provided for convenience only, and the maintenance or usability of such links is subject to the third party maintaining the link. We make no representations or endorsements with respect to any content displayed or accessed by using a third party link, which is entirely outside of our control.

Third Party Advertisements

The Oz Lotteries Channels and/or third party links provided via the Oz Lotteries Channels may, from time to time, display third party advertisements. We take no responsibility for, and make no representations with respect to, any third party advertisements howsoever appearing on the Oz Lotteries Channels and accept no liability with respect to any dealings you may have with the third party advertiser.

Intellectual Property Rights

Unless identified otherwise, 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.

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.

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.

Unacceptable Activity

You are prohibited from taking any action that we reasonably consider to be unlawful, damaging or prohibited by law applicable to the Oz Lotteries Channels. Such prohibited actions include but are not limited to:

1. Any act in breach of the Privacy Policy;

2. Using the Oz Lotteries Channels to communicate material that (if you were/are a Member) would constitute a breach of the Customer Behaviour Standards;

3. Uploading or transmitting any files or material that does or may contain malicious code or viruses or that breaches or impugns third party intellectual property rights;

4. Any attempt/s to gain unauthorised access to the Oz Lotteries Channels or to edit, remove, modify or otherwise alter any of the material hosted on the Oz Lotteries Channels;

5. Including any link to the Oz Lotteries Channels on a page without our express written permission.

Technical Issues

We make no representations or warranties that the Oz Lotteries Channels shall be free of viruses and/or malicious code that may infect or corrupt your personal computer. You are responsible for ensuring appropriate security measures (e.g. Anti-virus software) are implemented to protect your personal computer from the risk of such viruses and/or malicious code.

While we endeavour to ensure that the Oz Lotteries Channels remain available to you, we accept no responsibility or liability for any downtime and/or failure of the Oz Lotteries Channels except as expressly provided by the relevant Lottery Game Rules.

From time to time we may elect in our sole discretion to make the Oz Lotteries Channels unavailable or inaccessible for any reason, including but not limited to scheduled downtime, maintenance or security measures.

Warranties

Notwithstanding any part of these Terms of Use, you have rights protected by the Australian Consumer Law. Your purchases of goods and services from us and/or a Lottery Supplier remains subject to warranties that cannot be excluded under the Australian Consumer Law.

We hereby disclaim any warranty or representation with respect to:

1. Any minimum availability of the Oz Lotteries Channels, including any minimum functionality;

2. Any third party advertisements, whether hosted and/or linked on the Oz Lotteries Channels or not;

3. The content of any third party website that is or may be accessible from the Oz Lotteries Channels.

Liability

Our liability to you with respect to your use of the Oz Lotteries Channels is solely as expressly set out in these Terms of Use.

To the fullest extent permitted by law, we hereby disclaim any and all liability for any loss (howsoever arising and however caused) incurred by you as a result of your use of the Oz Lotteries Channels.

Indemnity

The Oz Lotteries Channels and the goods and services offered on the Oz Lotteries Channels and accessible therefrom are subject to comprehensive laws and regulations. Your breach of these Terms of Use may cause us to be in breach of such laws or regulations.

To the fullest extent permitted by law, you agree to indemnify and hold us (and the Jumbo Group) harmless from and against any claim, loss or other liability arising out of or in connection with your breach of these Terms of Use.

Privacy Policy

You acknowledge that your use of the Oz Lotteries Channels remains at all times subject to the Oz Lotteries Privacy Policy.

The Oz Lotteries Privacy Policy is available here:

General

From time to time we may vary these Terms of Use in our sole discretion and without notice to you. We shall publish any variation to the Terms of Use on the Oz Lotteries Channels prior to it taking effect. Your continued use of the Oz Lotteries Channels following our amendment or replacement of the Terms of Use shall constitute your acceptance of the new terms as amended or replaced.

Your use of the Oz Lotteries Channels is subject to and governed by the law of the State of Queensland. You hereby submit to the exclusive jurisdiction of the Queensland courts to determine any dispute arising out of these Terms of Use.