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The Terms and Conditions set out below govern access to and use of the National Lottery Results Text Alert Service. By using the National Lottery Results Text Alert Service or by ticking the 'Yes' box, you agree to abide by the Terms and Conditions. In providing the National Lottery Results Text Alert Service, we will process, and allow third parties to process, your personal data. Our use of your personal data is governed by Clause 4 of these Terms and Conditions and, by using the National Lottery Text Alert Service or by ticking the 'Yes' box, you confirm your acceptance of the Privacy Policy.
"Camelot" means Camelot Group Plc a company registered in England and Wales, whose registered office is at Tolpits Lane, Watford, Hertfordshire, WD1 8RN and may also be referred to as "we" or "us" in these Terms and Conditions;
"IVR" means an interactive voice response telephone system;
"Mobile Network" means any UK mobile phone network capable of delivering SMS messages (and "Mobile Network Provider" means a provider of a Mobile Network);
"Mobile Phone" means any mobile phone capable of sending and receiving SMS messages;
"Mobile Phone Number" means the telephone number of your Mobile Phone;
"National Lottery Website" means the website of the same name having the URL: www.national-lottery.co.uk;
"Promotional Message(s)" means the SMS promotional message(s) that the Third Party Service Provider may, if requested by you, send to your Mobile Phone Number;
"Results Message(s)" means the SMS message(s) containing the winning numbers for the relevant Lotto and Thunderball game(s) that the Third Party Service Provider may, if requested by you, send to your Mobile Phone Number;
"Service Payments" means the charges for the Service to be paid by you to your Mobile Network Provider;
"Service" means the National Lottery Results Text Alert Service involving provision of Results Messages and/or Promotional Messages;
"Service-Related Information" means the information we require from you before providing parts of the Service for which you have registered which may include a user name, password and/or your Mobile Phone Number;
"SMS" means the short message service using a Global System for Mobile (GSM) communications system;
"Third Party Service Provider" means Wireless Information Network Limited or such other provider(s) as Camelot shall, in its absolute discretion, decide;
"You" means the individual that accepts these Terms and Conditions by using the Service (and "your" shall be construed accordingly).
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2.1 You are responsible for providing and maintaining your Mobile Phone and for ensuring its connection to the Mobile Network and payment of all charges and fees charged by the Mobile Network Provider (including, without limitation, the Service Payments). These charges vary between network operators.
2.2 The cost of the Service will be charged to you by your Mobile Network (either via your monthly bill or by way of deduction from your pre-paid account).
2.3 You will also be charged by your network operator in order to activate the service and/or when you unsubscribe from the Service. These charges vary between network operators.
2.4 You will need to provide all equipment necessary to access the National Lottery Website and receive the Service and be liable for payment of the telephone call charges at the rates published by the telephone operator with whom you make your calls or any other internet access call charges to which you may be subject. If your equipment does not support relevant technology including without limitation encryption technology you may not be able to use certain parts of the Service or access certain information on the National Lottery Website.
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3.1 You warrant that you will only use the National Lottery Website and the Service in accordance with these Terms and Conditions and in an appropriate and lawful manner and, by way of example, that you shall not (and shall not authorise or permit any other party to):
3.1.1 receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) or otherwise objectionable or unlawful;
3.1.2 circumvent user authentication or security of any host, network or account nor interfere with service to any user, host or network or use the Service for any other unlawful or objectionable conduct. If you violate systems or network security you may incur criminal or civil liability and Camelot may, in its absolute discretion, fully co-operate with investigations of suspected criminal violations, violation of systems or network security;
3.1.3 knowingly or recklessly transmit any electronic content (including, without limit, viruses) through the National Lottery Website and/or the Service which shall cause, or be likely to cause, detriment or harm, in any degree, to computer systems owned by Camelot, the Third Party Service Provider or other Internet users;
3.1.4 hack into or make excessive traffic demands on any computer system, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Service or using the National Lottery Website or any other website, or which is otherwise likely to damage or destroy Camelot's reputation or the reputation of any third party.
3.2 You further warrant that you are entitled to receive premium rated SMS text alerts to the mobile telephone number provided within your registration or amended registration details
3.3 You agree to indemnify and hold Camelot and its subsidiaries, affiliates, officers, agents and employees harmless from and against any losses, damages, costs (including, without limitation, legal fees) and expenses incurred by Camelot and its subsidiaries, affiliates, officers, agents and employees arising out of or in relation to any claim, legal proceeding or demand made by any third party due to or arising out of your use of the Service or access to the National Lottery Website.
3.4 If any information provided by you (including, without limitation, the Service Related Information) is untrue, inaccurate, not current or incomplete, Camelot has the right to terminate your account and refuse any and all current or future use of the Service by you or access by you to the National Lottery Website.
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4.1 The processing of your Service-Related Information will be undertaken by the Third Party Service Provider. In addition, the National Lottery Commission may require access to your Service-Related Information.
4.2 Camelot and the Third Party Service Provider have put in place encryption controls to attempt to ensure that the storage and disclosure of your Service-Related Information is kept secure in order to prevent unauthorised access to comply with relevant UK data protection laws.
4.3 Camelot will only hold your Service-Related Information for the duration necessary to allow us to provide the Service or for any additional period as required to comply with applicable law. During this period, you may update your Service-Related Information by accessing the IVR as set out in the "Instructions to Use" Section of the National Lottery Website. In addition, we welcome your questions and comments about privacy issues relating to your Service-Related Information. Should you have such comments, wish to update, supplement or stop our processing of your Service-Related Information, or have a complaint about how we are using your Service-Related Information, please write to the Camelot Company Secretary at the following address:-Tolpits Lane, Watford, WD1 8RN;
4.4 You request and authorise Camelot, the Third Party Service Provider to collect and use your Service-Related Information for the purpose of providing the Service and as otherwise set out in these Terms and Conditions. In addition, you authorise Camelot to rely and act upon all apparently valid communications as instructions properly authorised by you, even if they may conflict with any other instructions given at any time concerning billing or service requirements.
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5.1 You will continue to receive the Results and the Promotional Messages until you unsubscribe from the Service.
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6.1 Nothing in these Terms and Conditions shall act to limit or exclude either party's liability for fraud or death or personal injury resulting from the other party's negligence or any liability which cannot be limited under applicable law.
6.2 Camelot shall use its reasonable endeavours to ensure the maintenance and availability of the Service and the National Lottery Website but availability may be affected by the relevant Mobile Network, your equipment, other communications networks, excessive traffic volumes on the relevant network or on the Internet at the relevant time or other causes of interference and the Service (or the National Lottery Website) may fail or require corrective action at any time.
6.3 Camelot shall not be held liable for any loss of profits, special, indirect or consequential damages or any damages whatsoever, whether such arises in an action for breach of contract, negligence or other tortious action, arising out of or in connection with the performance of or use of the Service or availability of the National Lottery Website and in particular, Camelot specifically excludes all liability whatsoever in respect of any loss arising as a result of:-
6.3.1 Use which you make of the Service or the National Lottery Website or reliance on the Service resulting from delays, service interruptions, incorrect or inaccurate messages;
6.3.2 Defects that may exist in the Service or the National Lottery Website;
6.3.3 Any loss of profits, special, indirect or consequential losses arising from your use of or inability to use or access or a failure, suspension or withdrawal of all or part of the Service or the National Lottery Website at any time.
6.4 The warranties and conditions in these Terms and Conditions are in lieu of all other conditions, warranties or other terms concerning the supply or purported supply of, failure to supply or delay in supplying the Service and/or the National Lottery Website which might, but for this Clause 6.4 have effect between Camelot and you or would otherwise be implied into or incorporated into these Terms and Conditions or any collateral contract.
6.5 Subject to Clauses 6.1 and 6.4, Camelot's liability shall in no circumstances exceed sums paid by you in receiving the Service.
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7.1 You acknowledge and agree that you are only permitted to use the National Lottery Website and the Service as expressly set out in these Terms and Conditions or on the National Lottery Website.
7.2 You agree that the National Lottery Website and the Service are for your own personal use only on a single computer or device.
7.3 You may not:
7.3.1 copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer or otherwise make available the Service or any information learned by you whilst using the Service or accessing the National Lottery Website;
7.3.2 remove, change or obscure in any way anything on the National Lottery Website and/or contained in the Service or otherwise use any material obtained whilst using the National Lottery Website and/or contained in the Service except as set out in these Terms and Conditions;
7.3.3 reverse engineer or decompile (whether in whole or in part) any software used in the National Lottery Website and/or the provision of Service (except to the extent expressly permitted by applicable law);
7.3.4 copy or use any material from the National Lottery Website and/or the Service for any commercial purpose;
7.3.5 remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the National Lottery Website or obtained as a result of the Service.
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8.1 Camelot may suspend, vary or terminate the provision of the Service and/or your access to the National Lottery Website immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the National Lottery Website and the Service or for any reason whatsoever.
8.2 Camelot may elect to suspend, vary or terminate the Service and/or your access to the National Lottery Web Site forthwith on breach of any of these Terms and Conditions by you, including, without limitation, late or non-payment of sums due (whether to Camelot, your Mobile Network Provider or the Third Party Service Provider) or if Camelot or its Third Party Service Provider ceases to offer the Service (or, in the case of Camelot, access to the National Lottery Website) to its customers for any reason whatsoever.
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9.1 These Terms and Conditions are governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.
9.2 You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether or not such person is a party to these Terms and Conditions). Nothing in the foregoing operates to limit or exclude either party's liability for representations made fraudulently.
9.3 The failure of either party to enforce or to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision and shall in no way affect that party's right later to enforce it or to exercise it.
9.4 The invalidity or unenforceability of any term of, or any right arising pursuant to, these Terms and Conditions shall not affect the validity or enforceability of the remaining terms or rights.
9.5 Neither party shall be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, fire, flood, lightning, war, revolution, failure of telecommunications or other utility services, act of terrorism, riot or civil commotion or strikes. For the avoidance of doubt, nothing in these Terms and Conditions shall excuse you from any payment obligations, whether to Camelot, your Mobile Network Provider, the Third Party Service Provider or any other third party.
9.6 You will not assign, re-sell, sub-lease or in any other way transfer your obligations under these Terms and Conditions or part thereof. Any breach of the prohibition on assignment may result in the Service and/or provision of access to the National Lottery Website being terminated by Camelot forthwith. Camelot may assign these Terms and Conditions in whole or in part to any third party at its sole discretion.
9.7 The National Lottery Commission is an intended beneficiary of these Terms and Conditions and may enforce any term (including, without limit, Clause 4) of these Terms and Conditions under the terms of the Contracts (Rights of Third Parties) Act 1999.
9.8 Except in the case of any permitted assignment of this agreement or as set out in Clause 9.7 above, a person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of these Terms and Conditions.
9.9 The provisions of these Terms and Conditions set forth the full extent of each party's obligations and liabilities in respect of the supply or purported supply of, the failure to supply the Service and/or access to the National Lottery Website.
9.10 No variation of, or amendment to, these Terms and Conditions shall bind either party unless made in writing and signed by authorised representatives of both parties.
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