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Terms and Conditions

Lottoland #ClubPlay Details

See details of Lottoland’s #ClubPlay Affiliate Programme! Below you can read all about our #ClubPlay information & benefits, FAQs and the Terms and Conditions. Formore details, contact us at [email protected] - Dream Bigger for your club with Lottoland #ClubPlay

GENERAL #CLUBPLAY INFORMATION

Key Definitions

1. Affiliate: All Sports Clubs that join the Lottoland #ClubPlay Programme are defined as Affiliates

2. Player: All Club Members or Supporters that register an account with Lottoland and deposit money, having been referred to Lottoland by the Affiliate (Club), will be defined as a player.

a. Referred: To refer a player (club member or supporter) for #ClubPlay, the individual must sign up to Lottoland, through the Club specific URL (as explained below)

3. Affiliate Registration: The process whereby a club becomes an affiliate by joining the #ClubPlay Programme

a. Club must agree to below terms

b. Club must share all details required, to enable Lottoland create an affiliate account on the Lottoland platform

c. Lottoland will create a unique webpage, with club specific URL, on theLottoland.ie website (e.g. www.Lottoland.ie/”clubname”)

4. Player Registration: The process whereby a referred club member or supporter registers to play with Lottoland through the #ClubPlay Programme,

a. A player is deemed referred when they register (& deposit) through the Lottoland Club specific URL (explained above)

b. All future play will be tracked, and a percentage of spending on all products (lottery, scratch card & games) will be awarded to the club

i. The player does not need to play through (or return to) the club specific URL (webpage) after registering that first time.

#CLUBPLAY BENEFITS

CLUB BENEFITS: REVENUE & REWARDS

1. Revenue Share: The Sports Club will receive a revenue share of all referred player spend on Lottoland

a. Lottoland guarantee the revenue share will be no less than 7% of ticket sales purchased by participating club members or supporters (players) - In monetary terms this means:

b. For every €1 that is spent by a participating club member on Lottoland, the Club receives a minimum of 7c in cash back.

i. The percentage could potentially be higher than 7% (and based on 2017 figures to date, it would be)

ii. This 7% of ticket sales is calculated by translating to underlying revenue figures, whereby the club will receive 30% of Net Gaming Revenue (NGR) which is standard affiliate terms.

1. If 30% NGR proves to be less than 7% of ticket sales, Lottoland will provide the balance owed to the club in 1x annual payment to ensure the 7% commitment is met.

2. Otherwise all revenue payments are made monthly

2. Loyalty Rewards: All Clubs that have referred 20+ players to Lottoland through #ClubPlay, will be eligible to receive loyalty rewards

a. Thousands of euros annually will be awarded to clubs.

b. The top performing clubs in #ClubPlay will receive a quarterly bonus

c. All other clubs will be entered into a quarterly raffle to receive cash rewards – so regardless of club size, you can still win!

PLAYER BENEFITS:

1. Superior mobile (android & IOS) & web experience for playing all your favourite lotteries, including the option to play the world’s biggest jackpots.

2. Great offers & ticket prices, e.g. EuroMillions 20% cheaper at €2 per ticket, plus exciting sign up offers and bulk price reductions

3. Unrivalled added features, like ability to play Double Jackpot (i.e. play for twice the jackpot size!), or Number Shield which allows you protect your numbers and never share the jackpot

4. PLUS with #ClubPlay, players can also win loyalty rewards every quarter – Like our Facebook page to find out more. (www.facebook.com/clubplay)

5. PLUS with #ClubPlay, players support their club every time they play, as Clubs get cash-back on everything spent

6. PLUS with #ClubPlay, the club has no visibility on individual players or spending – and importantly, if you win BIG, you keep everything!

FAQs

Q: Are clubs guaranteed to receive a certain amount of ticket sales from their supporters on Lottoland?

Yes, clubs are 100% guaranteed a minimum of 7% of ticket sales generated by their supporters on Lottoland. More specifically, each month the club will receive a fixed percentage of revenue from all player’s activity – If this figure falls short of 7% of ticket sales, Lottoland will pay the difference in one final top up payment at the end of the calendar year

Q: How does my club get paid and how often?

Once signed up to #ClubPlay, club management will receive a monthly payment based on a revenue share of all play by that club’s supporters. The payment is paid directly into the club’s official bank account within 30 days of the end of month.

Q: Are my club’s details private & secure?

Yes, all club details shared with Lottoland are handled in compliance with GDPR directives.

However, to participate in the programme, we need to create a club specific URL to enable a place for your supporters to register and be tracked. We respect your details and will always request written permission before using them for marketing or other connected purposes.

Q: How difficult is it for clubs to register?

Very simple. There is an online form to complete which takes a few minutes, but Lottoland account managers are available to support in any way required

Q: How simple is it to leave the #ClubPlay programme if the club decides to discontinue?

Very, just contact the programme admin team at [email protected] and we will close the club’s account within 5 working days. Your club will continue to receive a revenue share of previously referred players, unless requested otherwise

Q: Are the club administrators & management team required to market this to the members?

For your supporters to join, they will need to register through your unique Lottoland URL – Although the #ClubPlay admin team are here to support, it is recommended that the club uses their internal communications and social presence to make their supporters aware of #ClubPlay and to increase interest around big lottery rollovers. However, minimal administrative management is required

Q: Does the club have full oversight on the programme and their supporter’s activity?

Yes, each club will have an account on the Lottoland Income Access affiliate programme – and can monitor all performance information involving their #ClubPlay programme, including anonymised player activity data (the identification of individual players is not provided, due to data protection)

Q: What other benefits exist for joining #ClubPlay?

Thousands of euros will be awarded to clubs through our rewards program – which is open to any club with 20+ supporters registered through #ClubPlay. Each quarter, rewards of cash and equipment will be given to top performing clubs and a raffle will also be held, with prizes for committed supporters.

#ClubPlay will also run periodic skills competitions and events where participating supporters can win cash & equipment for their club

Q: Due to the gambling classification of Lottoland, will #ClubPlay not run contrary to our governing bodies’ regulations?

Lottoland is not sponsoring the club, and no marketing will or should be directed to underage or vulnerable supporters of the club. #ClubPlay simply offers clubs and their supporters a new, innovative fundraising channel that adds to the existing and accepted ‘Lotto for fundraising’ approach in place in most clubs nationwide

Q: By promoting this programme, are we not encouraging our supporters to gamble?

The #ClubPlay programme is designed to deliver a better and more rewarding lottery experience to those club supporters who already enjoy playing lottery. Lottoland, as a responsible and fully licensed operator, offers a range of measures to deliver Responsible Gambling, including measures to prevent underage gambling, tools and features to limit gambling activity and information for the small number of customers who do experience issues with their gambling

Q: Do members who win on Lottoland need to share with their club?

No, everything that is won by club supporters is theirs alone, with no legal obligation to share big wins with their club

Q: How do I get in contact with the Lottoland #ClubPlay team?

Both club supporters and management can get in contact at [email protected] or through any of our social channels below, and an account manager will get back in touch with you

TERMS & CONDITIONS OF LOTTOLAND #CLUBPLAY AFFILIATE PROGRAMME

General conditions

1. Interpretation

1.1 In these Terms and Conditions, the following definitions apply:

Affiliate : All Sports Clubs that join the Lottoland’s #ClubPlay Programme are defined as Affiliates – More specifically, any Club, person, firm or company supplying the Affiliate Services.

Affiliate Services: the advertising and promotional services performed by the Affiliate under this Contract.

Business Day : a day other than a Saturday, Sunday or a public holiday in Gibraltar.

Commencement Date: has the meaning set out in clause 2.2.

Conditions: these terms and conditions as amended from time in accordance with clause 3.

Contract: the contract between Lottoland and the Affiliate incorporating these Conditions.

Commission : the payments due to the Affiliate from Lottoland under this Contract (which may comprise a percentage share of Player Deposit and or a Fixed Payment) as set out on http://partner.lottoland.com/ or, if different, as detailed on the Affiliate’s Income Access account or agreed between the parties in writing.

Company Materials: has the meaning given in clause 3.2 and shall include any other material given to Affiliate by Lottoland from time to time.

Fixed Payment: a fixed and one-off payment to the Affiliate from Lottoland regardless of the number of Players.

Intellectual Property Rights: all patents, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Lottoland : Lottoland Ltd., is a Gibraltar registered Corporation with the registry number 109495 and business address in Suite 3-3, Leisure Island Business Centre, 23 Ocean Village Promenade, Gibraltar.

Lottoland affiliate website : The website under the domain http://account.partner.lottoland.com/ where Lottoland provides information about and the possibility to sign up for the Lottoland Affiliate Programme.

Lottoland Website: the web pages (including www.lottoland.ie) operated by Lottoland, relating to the online business carried on by Lottoland.

Income Access : the affiliate management software known as “Income Access” proprietary to 2020 Robert-Bourassa, Suite 2330, Montreal, Quebec, Canada H3A 2A5

Income Access ID: an account with Income Access dedicated to the Affiliate.

Player: any person (club supporter) who registers an account with Lottoland & deposits money having been referred to by the Affiliate (Club) pursuant to the Affiliate Services.

Player deposit: The net amount deposited on the Lottoland website by the player

1.2 The clause headings and sub-headings are for guidance and clarity only and shall not be binding on the parties in the event of any conflict with the provisions of the clauses.

2. Registration for the #ClubPlay Affiliate Programme

2.1 By submitting an application form to become an affiliate of Lottoland, the Affiliate makes an offer to Lottoland to be bound by this Contract.

2.2 Lottoland can accept the offer within an adequate timeframe. The offer is deemed to be accepted in the event:

(a) Lottoland expressly informing the Affiliate in writing (as well via email) or on the telephone that it has been accepted; or

(b) any act by Lottoland consistent with appointing the Affiliate as an affiliate (for example, by assigning a Income Access ID to the Affiliate),

at which point and on which date the Contract shall come into existence (the “Commencement Date”).

2.3 In the absence of any act described in 2.2 by Lottoland, the offer is deemed as declined. Lottoland reserve the right to refuse any application at its discretion and without giving reasons. An entitlement to the partner against Lottoland does not result from this.

3. Subject of Change

3.1 These conditions apply for the contract to the exclusion of all other conditions, which the affiliate wants to enjoin or include or which are implied by industry, commercial practice, practice or usual processing.

3.2 Lottoland is entitled to modify these conditions at any point. Modifications become effective by advising the affiliate of the modifications on the Lottoland affiliate website. Modifications become effective on the following day at 00:00 o´clock.

3.3 The commissions are conditionally to the right of Lottoland to modify the reward plan at any time. Modifications become effective by advising the affiliate of the modifications on the Lottoland affiliate website. Modifications become effective on the following day at 00:00 o´clock.

3.4 Any further side-agreement require agreement in written form and the signature of both contracting parties.

4. Obligations of Lottoland

4.1 As soon as reasonably possible after the Commencement Date, Lottoland will provide the Affiliate with an Income Access ID which will enable the Affiliate to access Income Access in order to manage its provision of the Affiliate Services – Should the affiliate wish for Lottoland to act on their behalf to manage Income Access account and related affiliate services, this added support may be provided at Lottoland’s discretion in circumstances where requested

4.2 Lottoland will use reasonable endeavours to provide the following materials (the “Company materials”) to the Affiliate through Income Access (or through other channels where required)

(a) graphic content for use in banner ads or other web content;

(b) details of promotions or offers that Lottoland is running and which may be promoted by the Affiliate; and

4.3 Lottoland will use reasonable endeavors to provide statistical information relating to the Affiliate Services including the number of referrals and the Commission earned by the Affiliate.

4.4 The Affiliate acknowledges that Income Access is provided by a third party under license and accordingly Lottoland provides no guarantees to the Affiliate in relation to the availability, functionality or performance of Income Access.

4.5 Whilst Lottoland endeavours to ensure that the Lottoland Website is fully operational at all times, it provides no warranties or representations as to the uptime, availability or functionality of the Lottoland Website and the Affiliate acknowledges that Lottoland may take the Lottoland Website down at any time and for any reason, including for routine or emergency maintenance.

4.6 The parties acknowledge and agree that Lottoland will be solely responsible for the provision of services to the Player on the Lottoland Website and that any contract in relation to the same shall be between the Player and Lottoland.

5. Obligations of the Affiliate

5.1 For the duration of the Contract, the Affiliate will:

(a) market and promote the Lottoland Website with the aim of introducing new players to Lottoland;

(b) comply with any guidelines or instructions given to it by Lottoland;

(c) comply with all applicable laws and regulations of the UK Gambling Commission & Irish Remote Gaming License conditions and codes of practice,

(d) provide such information to Lottoland as it may reasonably require in order to enable the licensee to comply with their information reporting and other legal obligations

(e) use the Company Materials solely for the purpose of performing the Affiliate Services;

(f) keep its Income Access ID and password secure and take all reasonable steps to avoid unauthorised access by any third party;

(g) be solely responsible for checking the correct functioning of any tracking code and links provided to it as part of the Company Materials; and

(h) when promoting Lottoland, to remain fully compliant in regards of copy and creative. Using terms such as Bet when promoting a Lottery and not misleading users into thinking they are purchasing a lottery ticket, by using terms such as 'tickets', 'play’, and 'lines'.

(i) affiliate must use only the links and creative provided in the Income Access platform (or provided by #ClubPlay through other channels). Any affiliate using any other link may have their commission declined and also suspended from the Lottoland Affiliate Programme indefinitely.

5.2 The Affiliate warrants, undertakes and represents that it will not:

(a) undertake any activity or publish any material (whether on its website or otherwise) which is defamatory, discriminatory, obscene, unlawful or which is sexually explicit, pornographic or otherwise distasteful;

(b) actively target persons under the age of 18 or persons located in any jurisdiction where gambling or the promotion of gambling is unlawful (including those jurisdictions listed on Lottoland’s terms and conditions www.lottoland.com/en/terms);

(d) use metatags or code which infringe the Intellectual Property Rights of any third party;

(e) use any material other than the Company Materials for the purposes of performing the Affiliate Services;

(f) hold itself out (by way of its website or otherwise) as Lottoland and will not make any representations about any services provided by Lottoland unless authorised by Lottoland;

(g) do anything which may give rise to a risk of confusion between the Affiliate and Lottoland;

(h) engage in any practice which may be considered deceptive or a nuisance such as altering browser home pages without informed consent, supplying or downloading software which does not function as advertised, installing software covertly, dropping cookies or using multiple or forced pop-up screens;

(i) other than as contained in the Company Materials, use the names, logos, trade marks, slogans or any other intellectual property owned or used by Lottoland.

5.3 In relation to marketing emails, the Affiliate will ensure that it complies with applicable legislation and shall only send marketing emails to persons who have consented to receive them or with whom the Affiliate has an existing business relationship. All marketing communications have to contain clear information about the identity of the sender and have to provide details of how the recipient can unsubscribe.

5.4 It is the responsibility of the Affiliate to properly implement the Company Materials. Lottoland will not be liable to pay any Commission to the Affiliate in relation to any revenue earned that is not tracked through Income Access due to the acts or omissions of the Affiliate.

5.5 In relation to Social Media, all partners must contact Lottoland before proceeding with any promotional activity to ensure that we are all compliant with the legal restrictions for the respective network. Any unauthorised content could have consequences that will affect the affiliate Programme.

5.6 In relation to advertising, the Affiliate must ensure that any marketing of free bets and bonus offers do not amount to or involve misleading actions or misleading omissions and abide by the relevant provisions contained within the CAP and BCAP rules and associated guidance. In particular, where a free bet or bonus offer is displayed, the terms and conditions associated with such a promotion must be visible with sufficient prominence, does not take the customer to a log-in or join sections without providing terms and conditions of the offer and ensures that any such conditions must be above the fold for both web and email marketing. Where display are limited in both time and space, the terms and conditions are not more than one click away and the link is displayed with sufficient prominence.

6. Payment Method / Rewarding of Affiliates

Rewarding

6.1 Lottoland will pay a Commission to the Affiliate unless;

(a) An Affiliate account may be suspended or closed after a period of three months has elapsed during which an affiliate has not driven a new depositing player.

(b) An Affiliate will not be rewarded for free stake customers. This includes Free Lotto Bets and Games.

Calculation and payment

6.2 The Commission will be calculated on a monthly basis and subject to the remaining provisions of this clause 5 will be paid within 30 days of the end of the calendar month in which the Commission accrued.

6.3 Lottoland may, without limiting its other rights or remedies, set off any amount owed to it by the Affiliate against any amount payable by Lottoland to the Affiliate as agreed in the Contract.

6.4 Except in the case of manifest error or fraud, Lottoland´s calculation of Commission shall be final.

6.5 All amounts payable by Lottoland under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (“VAT”). Where any taxable supply for VAT purposes is made under the Contract by the Affiliate to Lottoland, Lottoland shall not pay to the Affiliate such additional amounts in respect of VAT as are chargeable.

Negative carryover of chargebacks

6.6 In the event of a negative net deposit figure due to chargebacks received this figure will be carried over to the following month. If the account has a negative balance for two consecutive months the affiliate is obliged to refund the commissions that were paid to the affiliate in relation to the chargeback amount.

6.7 A Player will be “de-tagged” after a period of three months has elapsed during which the Player did not login to his account. After being de-tagged, any further wagers by the Player will not form part of the calculation of Net Revenue.

6.8 Deposits made by Players will form part of the Net Revenue calculation for the duration of the player’s lifetime spend on Lottoland

6.9 The available methods of payment are determined by Lottoland and detailed on the Lottoland affiliate signup form. The affiliate can, after successful verification of their given data by the responsible Person at Lottoland, let Lottoland payout his commissions to him through any available payment method. A minimum amount of payout can be determined according to the chosen method of payment.

6.10 Lottoland may withhold payment of any Commission if it has reasonable grounds for believing that the Affiliate has breached any term of this Contract or has acted dishonestly.

6.11 Lottoland may also withhold payment of any Commission if it has reasonable grounds for believing that the payment of such Commission may cause Lottoland or the Affiliate to be in breach of any applicable laws, rules or regulations in any jurisdiction.

6.12 The Affiliate agrees to promptly repay to Lottoland on demand any monies already paid to it arising from any of the circumstances set out in clauses 6.8 and 6.9 together with all reasonable legal costs and other expenses incurred by Lottoland in investigating the matter and recovering any losses that it has suffered.

6.13 Lottoland will only pay commissions on promotions that Lottoland itself has put online on this platform and made available to Affiliates. Lottoland will not pay a commission for any promotion which is uploaded to this platform by a party other than Lottoland. Lottoland reserves its right to terminate the existing business relationship with any Affiliate in breech of this condition with immediate effect.

7. Intellectual property and domain names

IP rights of the contractual parties

7.1 Each party shall retain all Intellectual Property Rights in its name, logos, slogans, trademarks and any other material that it currently uses or may use in future.

Grant of limited license

7.2 Lottoland grants to the Affiliate a non-exclusive, revocable, royalty-free license to use the Company Materials for the duration of this Contract solely for the purposes of performing the Affiliate Services. Except as provided in this Contract or by law, the Affiliate shall not be permitted to copy, modify or reverse engineer the Company Materials.

No warranties

7.3 The Company Materials are provided without any warranties or representations as to their accuracy or non-infringement. The Affiliate undertakes to inform Lottoland immediately in the event that it receives notification of any kind of infringement and will immediately remove the infringing Company Materials from its website.

Company materials owned by Lottoland

7.4 All Company Materials are, and shall remain, the exclusive property of Lottoland and shall remain as such notwithstanding the use of the same by the Affiliate.

Keyword bidding

7.5 The Affiliate agrees that it will not bid on any keywords or search terms used by internet search engines if the keyword or search term is identical to or might possibly be confused with any trade marks, slogan or other intellectual property utilised by Lottoland unless permission is given in writing.

No domain name registration

7.6 The Affiliate will not attempt to register any domain names with any resemblance to “Lottoland” or any other domain name owned or used by Lottoland save that the Affiliate will be permitted, for the purposes of this Contract only, to include the words “Lottoland” as a resource identifier in a URL (for example: http://www.affiliatename.com/lottoland). Lottoland will provide details of its registered domains on request.

Cash-Back, Bonus or Retargeting-Partner and advertisement for third parties

7.7 The Affiliate will not attempt to build up own Cash-Back, Bonus, Retargeting or similar Programmes nor will they combine Lottoland promotions with offers of third parties or bind them to offers of third parties. Every such attempt requires the explicit written confirmation by Lottoland.

Forwarding pages and domains

7.8 The Affiliate does not use pure forwarding pages (javascript / iFrame) or forwarding-domains like for example de.vu.

Indemnification Clause

8.1 The Affiliate shall keep Lottoland indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Lottoland as a result of or in connection with:

(a) any claim made against Lottoland by a third party arising out of, or in connection with, the supply of the Affiliate Services, to the extent that such claim arises out of the breach or negligent performance of the Contract by the Affiliate, its employees, agents or subcontractors; and

(b) any claim made against the Affiliate by a third party arising out of, or in connection with, the supply of the Affiliate Services, to the extent that such claim arises out of the breach or negligent performance of the Contract by the Affiliate, its employees, agents or subcontractors; and

(c) any claim brought against Lottoland for actual or alleged infringement of a third party's Intellectual Property Rights arising out of, or in connection with the Affiliate Services (save where the claim has arisen due to the acts or omissions of Lottoland).

8.2 This clause 8 shall survive termination of the Contract.

9. Liability

9.1 Save for any liability arising under clause 8.1, neither party shall be liable to the other for any:

(a) loss of revenue or profits;

(b) loss of business;

(d) loss of goodwill;

(e) wasted management or office time;

(f) special, indirect or consequential loss.

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

9.2 Lottoland shall not be liable to the affiliate for any losses of the affiliate due to direct or indirect damages or secondary damages, no matter if by unauthorized (including negligent and crossly negligent), breach of contract or otherwise.

9.3 Lottoland shall not be liable to the Affiliate for any losses of the Affiliate whatsoever arising from the non-availability, lack of functionality or loss of use of Income Access or the Lottoland Website.

9.4 The Affiliate acknowledges that the Contract is made between the Affiliate and Lottoland and that Income Access shall have no liability in relation to any dispute arising from it.

9.5 Nothing in this Contract limits or excludes any liability for death or personal injury arising from negligence or for liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter.

10. Duration of Contract and Cancellation

Termination at any time

10.1 Either party may terminate this Contract at any time (and without needing to give reasons) by serving notice on the other party in writing.

Consequences of termination

10.2 On termination of the Contract for any reason the Affiliate shall immediately cease providing the Affiliate Services and shall:

(a) remove all Company Materials and any references to Lottoland from its website together with any other references to Lottoland;

(b) destroy any electronically stored information that the Affiliate has been given by Lottoland (including any Company Materials that the Affiliate has downloaded);

(c) return to Lottoland any hard copies of materials supplied to it by Lottoland and destroy any hard copies of materials produced by the Affiliate for the purposes of performing the Affiliate Services; and

(d) on request, certify to Lottoland that it has complied with the provisions of this clause.

No trailing Commission

10.3 On and from the date of termination of the Contract, Lottoland shall have no further obligation to pay any Commission to the other than in relation to Commission accrued up to the date of termination.

Last payment to the Affiliate

10.4 The last payment to the Affiliate by Lottoland can, with reasonable grounds be withheld for up to 6 months (end of period of writing back of payments). At the latest at the end of this timeframe any remaining balance will be paid out completely.

Removal of access to Income Access

10.5 Lottoland will withdraw the Affiliate’s account on or as soon as practicable after termination of the Contract.

11. General conditions

Force majeure

11.1 Neither party shall be liable to the other as a result of any delay or failure to perform its obligations under the Contract if and to the extent such delay or failure is caused by an event or circumstance which is beyond the reasonable control of that party which by its nature could not have been foreseen by such a party or if it could have been foreseen was unavoidable.

Assignment and subcontracting

11.2 The Affiliate shall not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of Lottoland.

11.3 Lottoland may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

Waiver and cumulative remedies

11.4 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

11.5 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

Severance

11.6 If a court or any other competent authority finds that any provision (or part of any provision) of the Contract is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

11.7 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

11.8 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. The Affiliate shall not have authority to act as agent for Lottoland, or enter into a commitment for Lottoland

11.9 A person who is not a party to the Contract shall not have any rights under or in connection with it.

11.10 The Contract is subject to Gibraltar Law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

11.11 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Gibraltarian law and jurisdiction of the courts in Gibraltar.

11.12 The contractually parties agree on the irrevocable competence of the Courts of Gibraltar.

Please note, all Terms and Conditions (“T&C”) may be updated from time to time without notice and will become binding upon publication. You can review the most current version of the T&C any time on this page.