Terms and Conditions
Wshful.com is an associated brand of Cloud Canyon Ltd (“us”, “we”, “our”), registered in England & Wales with Company Number 10631445, at International House, 24 Holborn Viaduct, London, United Kingdom, EC1A 2BN and trading address: 58 Boileau road, London, United Kingdom, W5 3aj.
The Site enables registered Site users ("Users") to purchase a membership in a pre-arranged lottery syndicate relating to an official regulated lottery draw (each a "Lottery Draw") and to access associated Services, to Users, all subject to and in accordance with these Terms & Conditions.
The Site may be translated into any number of international languages. All reasonable precautions are taken to ensure the accuracy of this document and any other policy documents we may issue from time to time. Where translation has taken place, they may not present a precise facsimile of the master documents on file at the Company Registered Office, and there are times when forces outside of our control can cause online documents to be corrupted due to technical issues which may cause the document to be inaccurate with erroneous code, text or artefacts.
In the event of such an occurrence we retain the right to revert to the definitive master documents held at the Company Registered Office.
In the event of a dispute, it will always be the definitive master documents written in the English Language that takes precedents. To access a copy of these documents, please email support@Wshful.com. We may charge a small fee of £10 to cover printing and postage.
By accessing or using the Website, viewing its content, or creating an account, you signify your acceptance and agreement to these Terms, as well as to any Additional Terms that may apply. If you do not agree to these Terms, you must not view, access or use the Website, or utilise any of our Services.
We reserve the right to change the Universal Terms at any time. In these instances, Members will be notified of any significant changes, and all changes will be posted on our Website. Any such change shall become effective immediately following the publication of the revised Terms on the Site and your continued use of the Site thereafter means that you accept those changes.
If you are reading a translation of any Site Terms in a language other than English, you acknowledge and agree that (i) the English version is the official version; (ii) the non-English version is provided for your convenience only and the translation will not be valid as an agreement between you and Cloud Canyon Ltd; and (iii) in the event of any inconsistency between the English and a non-English version of any Site Terms, the English version will prevail.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Cloud Canyon Ltd, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Definitions on Use
“Account” means the secure area of the Website, unique to a Player through which you can become a Member, pay Entry Fees, join a Syndicate and monitor any Game your Syndicate plays.
“Company” Cloud Canyon Ltd registered in England and Wales under company number 10631445, at International House, 24 Holborn Viaduct, London, EC1A 2BN, United Kingdom.
"Dormant Account": means a closed account where the winnings have not been accessed for a period of three months, at which point in time, a Maintenance Fee" will become payable.
"Entry Fee" means a regular recurring payment required to enter and join a Syndicate and to continue being a member of a Syndicate. If you are in more than one Syndicate, the collective payment for the number of Syndicates of which you are a member. “Full Registration” means the process of successfully registering and being accepted as a Player by providing your name, address, email address, mobile telephone number and date of birth together with such other information as our online registration form may require from time to time.
“Game” means the opportunities we offer to participate in Syndicates relating to various draws or other games of chance, or any other games including free to enter promotional games we may choose to offer from time to time, whatever the name, title or any other such means of identification, and which may have unless specifically stated, variations in the numbers of Syndicate members.
"Cloud Canyon Affiliate Network" means the company in-house affiliate marketing, tracking and commission plan applicable to affiliates signed up to the APOA Affiliate Programme Operating Agreement.
“ID Information” means information used to establish the identity of a Player, which includes, but is not limited to, inspection of the Player's passport, driver’s license and utility bills.
“Maintenance fee” means a fee of £1.00 per month charged by the Company for the maintenance of a Dormant Account, the fee being chargeable against any untouched winnings in a Member’s account wallet. The first charge being payable three months after the account becomes dormant. In the event that insufficient funds are available in a Member’s account, no charge will be made, but after a period of six months the account may be closed. In this event, all remaining funds held in your Player Account will be forfeit and will belong to us.
“Member” means a Player who has paid the Entry Fee and been accepted by us for membership and whose Account has not been terminated or suspended by us or by the Player.
“Mobile Number” means the mobile phone number of a Player that is held on our system as provided in the process of full registration.
“Mobile Request” means a Player's request to be entered into a Syndicate contained in a Short Message.
“Nominee” means a person named or designated by the Company to any office duty or position (syndicate organiser) one nominated or proposed by others for office or for election to office.
“Player” means a person who has successfully completed Full Registration, is legally eligible to participate in a Game and whose Account has not been terminated, suspended by us or become a dormant account.
"Services" means the provision of an online platform for consumers to participate in a managed syndicate relating to the purchase of official lottery tickets from regulated lotteries.
“Short Message” means a notice sent to a Member by the Company confirming that Member’s request to join a Syndicate.
“Site” means any Website operated by Cloud Canyon Ltd.
“Special Games" means any game we may offer from time to time that may have Terms & Conditions that are different to, or in addition to the Standard Terms & Conditions.
“Syndicate” means a group of Members, participating in a Game and specifically identified by a unique identification number allocated by the Company to any particular Syndicate.
“Syndicate Organiser” means a representative of the Company who is an additional member of a Syndicate to the Player Members.
“Universal Terms” means all Rules & Regulations and Terms and Conditions of Use and associated policies applicable to the Site wherever stated.
“Winnings” means any monies won by a Syndicate in any Game, after (if applicable) any deduction for tax and administration fees in accordance with clause .
“Website” means www.Wshful.com.
Your relationship with Cloud Canyon Ltd
Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Cloud Canyon Ltd in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service
Restrictions on Use
You have permission for temporary use of the Site, but we can withdraw or change our Service at any time without telling you and without being legally responsible to you.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
If you allow anyone else to use our Site, you must make sure that they read these Terms first, and that they follow them.
We frequently update the Site and make changes to it, but we don't have to do this, and material on the Site may be out-of-date. No material on the Site is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the Site by anyone.
Only use the Site as allowed by law and these Terms. If you don't, we may suspend your usage, or stop it completely.
One of the cookies we use is essential for parts of the Site to operate and has already been set. You may delete and block all cookies from this Site, but parts of the Site will not work.
Restrictions on registration as a Player Member
The Site is not intended for individuals under the age of eighteen years of age, or older if restricted by law in the country in which you are resident. Therefore, if you are under 18 years, you are prohibited from registering an Account and using the Services. If it comes to our attention that a User is under the age of 18 years we may, to the extent applicable, cancel that User's Account and/or access to the Site.
You may not register with us as a Player or seek to register as a Member through the Website (or otherwise) or play any Game on the Website for free, or following payment of an Entry Fee, if any of the following apply:
You are under 18 years of age or the minimum legal age in your country of residence;
You are not acting as principal and are acting on behalf of someone else;
You are not legally capable of entering into binding contracts;
You do not accept the Universal Terms.
By undergoing Full Registration and becoming a Player with us you confirm and warrant to us that the you do not fall into one or more of the categories above and that all information provided to us by Full Registration and in connection with your Account is complete, accurate and not misleading and each time you play a Game you repeat that confirmation and warranty to us.
In the event that we discover that Cloud Canyon Ltd has been misled with regard to a Player Members eligibility to participate in any of the products on our Website, any prize monies due to that person will become forfeit and may be prevented indefinitely and at our discretion from any future access to the Website or Services.
We are a lottery syndicate organiser.
We do not promote a lottery and are not lottery promoters.
We are not a gambling or gaming company requiring a license from the UK Gambling Commission.
We do not require a lottery operating license; please see the UK Gambling Commission's "Running a lottery syndicate" page for confirmation.
We are not nor need to be regulated by the Financial Services Authority; a Syndicate does not amount to joining a collective investment scheme.
Joining a Syndicate and playing any Game through the Website provides no guarantee of receiving any Winnings and we in no way guarantee you any return on any fees this Company may charge for your Entry into or participation in any of the Syndicate games.
We reserve the right, without prior notice or liability, to provide managed Syndicate services for any other type of alternative legally licensed lottery draw, in addition to or other than those specifically referred to in the Universal Terms on the Site.
The Site enables Users to jointly join Syndicates for lotteries and to share in any Prize which may be due if such Syndicates contains Winning Lottery Tickets. The Company forms a contractual relationship between the Members of the Syndicate. The Service does not enable you to choose the Members of the Syndicate or the lines of Lottery entries in that Syndicate. You will not own any Lottery Ticket purchased for the Syndicate. The Lottery Tickets are owned by the Company or its suppliers. Any Syndicate places not purchased by Site Users shall be owned by the Company.
The Company will maintain a record Members “active membership” record against every draw that is run. It will calculate the Winnings and distribute them accordingly to each Member.
It will also take all reasonable measures to ensure that each Syndicate has different lottery numbers from any other Syndicate but this cannot be guaranteed. In certain circumstances duplication can and may occur and the Company accepts no responsibility whatsoever for a perceived dilution of Winnings, or otherwise in this event.
The Entry Fee is paid by way of subscription, taken every four weeks and covering a duration of four weeks. In exchange, Members participate in the Syndicates. The subscription will continue indefinitely until cancelled in accordance with clause 10.5 below. Cancellation takes effect at the end of the four-week period for which Members have paid. The onus is on you to cancel the Entry Fee and there is no provision for a refund after the Entry Fee has been paid.
Each member gets to choose their level of subscription, Basic, Standard or Premium in order to participate in one, three or six syndicates. The Entry Fee of each level is described in Appendix B.
Each syndicate has eighty eight (88) members. The portion due to you of any Prize resulting from Winning Lottery Tickets purchased on behalf of a Syndicate (“Syndicate Prize”) will therefore be divisible by 88 after any applicable tax or administration charges. Any unfilled spaces will be owned by Cloud Canyon Ltd. Each Syndicate buys 5 tickets per Draw for Euromillions and for Mega Millions for both draws every week.
You may also receive a bonus plan subject to any promotions that are running at the time of your registration and completed subscription. All bonus plans will be published on the Website. They will be subject to separate terms and conditions and your participation in a bonus plan will be dependent on you reading and accepting these terms and conditions.
If you join on 1 January, and choose the basic package, you will get 1 syndicate place for the next 4weeks, during which there will be 8 draws of Mega Millions and 8 draws of Euromillions. Your syndicate will have the contractual right to the winnings of 5 tickets with a set of chosen numbers for each ticket, for each draw. In total your syndicate will be allocated 10 lottery numbers, 5 for Mega Millions and 5 for Euromillions. Those chosen numbers will be the same for every draw.
4 weeks later, unless cancelled, another subscription payment will be taken and you will continue to maintain your place in the syndicate.
It is your responsibility to ensure that at all times you comply with all laws and regulations in any jurisdiction wherever you are located or resident and that you have complete and unrestricted legal right to use this Website, to register as a Player, to become a Member, join a Syndicate and participate in any Game.
You can register to have an Account as a Player at any time without obligation to pay an Entry Fee, to do so you must complete the Full Registration process. You must register as a Player and obtain an Account before becoming a Member. To become a Player Member, you must choose a Game, pay the Entry Fee and join a Syndicate.
At the time of Full Registration as a Player we will request a password for security purposes. The password that you chose must be kept private and secure by you at all times. Failure to do so could lead to unauthorised activities on your Account. We cannot be held liable for any loss that occurs due to your failure to protect your password or account details.
By registering to become a Player you agree to be solely responsible for all use of this Website or any playing of a Game through your Account and to abide by the rules of each Game as published by us on the Website from time to time and these Terms and Conditions.
Transactions made using your Account and password are accepted by us on the understanding that it is you that is logged on and are playing any Game. If a third party has accessed your Account, we accept no liability for any monies or information lost, changed or misused.
We reserve the right to ask for proof of age and ID Information to verify your identity at any time and may carry out spot checks on our Players and Members. We reserve the right to conduct checks against any of the details provided to us including proof of residence. Failure to provide substantiated proof of age or other requested ID Information will result in the suspension of your Account. Any monies or Winnings due or requested during this time will be withheld by us until the requested ID Information is provided, and after that they will be returned at our discretion.
We reserve the right to refuse to register you and or to suspend and or terminate your Account at any time at our sole discretion and we shall not be obliged to provide you with any reasons for so doing. If you wish to appeal against this please email firstname.lastname@example.org.
We reserve the right to suspend any payment of monies from or into your Account or to you if there is manipulation of our financial system or reasonable suspicion, or evidence, of a breach or suspected breach of any applicable law, regulation, or a breach by you of the various terms and conditions which govern your use of the Website, playing any Game and/or being a Member of a Syndicate.
If a Player does not access their Account for a period of 90 days, it shall become dormant and not capable of making payments of Entry Fees or of joining a Syndicate a Player must request in writing at the contact us address shown on the Website or by email to support@Wshful.com
For such time as you are a Member, you will be debited the Entry Fee every four weeks, as outlined above.
The Entry Fee is liable to change.; Written notice of such changes will be provided to you no later than three days prior to such change. Written notice can mean by e-mail, to the email address you have provided to us, or by a notification on the Website or the ‘company news desk’ located on our navigation bar at the top of our Website home page.
Each payment of the Entry Fee must be by credit or debit card.. We may accept other payment methods from time to time at our sole discretion. We must however have received cleared funds prior to any applicable draw date.
If a Member gives debit card or Credit card details relating to a bank or any other card issuer account that is held jointly with another person, you accept that Winnings won by a Syndicate Member may be paid into such joint account.
Upon our receipt of the initial Entry Fee, we will send you an email payment confirmation, this is your receipt, which also provides details of your recurring subscription. You may also view information about your participation, including your payment details and the name and date of joining a Syndicate, together with other information in ‘Your Account’.
You agree that we may automatically debit your Credit / Debit card in connection with your participation in the Subscription Service and you and you hereby authorise us to do so. In the event that a transaction is not carried out due to insufficient funds, your continued membership of Cloud Canyon Ltd Syndicate will cease.
to only provide valid and current credit or debit card and billing information for yourself;
that we may use the tools, software or services of third party service providers to process transactions on our behalf;
that you shall be liable for any card issuer processing fees in connection with payments and recurring payments; all purchases are final and non-cancellable or non-refundable;
that if payment is not received by us for any reason from your card issuer, to promptly pay all amounts due to us upon demand and, if applicable, Cloud Canyon may charge a reasonable rejected payment fee and take such amount from your account;
that any failure or inability by Cloud Canyon Ltd to process any payment hereunder does not relieve you from your payment obligations.
Some Credit or Debit Card providers may make a charge for the use of their Card on our Website, Cloud Canyon Ltd has no control over such charges and will not accept any responsibility whatsoever for such a charge being made.
By the choosing to pay the Entry Fee on an on-going monthly basis the Member agrees in advance to all debits from his credit or debit card as required for the Syndicate a Member is in, including circumstances where the Entry Fee for any Syndicate changes after the first monthly Membership Fee is paid. If payment of the Entry Fee is not made on the due date for any reason whatsoever (including but not limited to credit or debit card payment failure), without limiting any other rights we may have, we reserve the right to immediately suspend and or terminate your status as a Member without any liability to you whatsoever for Winnings or otherwise.
Payment of the Entry Fee will be made in the currency stated on the payment page, or the Entry Fee will be charged as GBP and converted to the local currency at the Currency Exchange Rate stated on the Website at the time of purchase.
Where payment is made in any currency other than UK GBP, You acknowledge that the Entry Fee for each Lottery Syndicate may be subject to change for a number of reasons including, for example, out of date Exchange Rates displayed on our Website. The Entry Fee is also subject to Daily currency conversion variations, the operator changing the price that it charges for its lottery tickets, ticket Price variation between Countries, the Entry Fee for each Category being different depending on which Lottery Syndicate is designated, or a standard and published change in our Entry Fees.
A Member may, in registering to join a Syndicate, in some cases choose to pay the Entry Fee for more than four weeks in advance. Such a Member will then participate in that Syndicate on an on-going basis until such time as the amount of Entry Fee paid is exhausted (at which time a Member may continue to be a Member of a Syndicate by paying the Entry Fee again).
Upon cancellation, your subscription will continue to run for the duration that you have paid, and will then not be renewed, unless you explicitly request otherwise.
To ensure the following month’s subscription is not charged you will need to cancel 48 hours before the next payment is due. For the avoidance of doubt, unless you cancel your syndicate membership 48 hours before the next subscription payment is due, your membership will continue for an additional four weeks and your subscription fee will be automatically taken for this next period at the full price. When you join a Wshful.com Syndicate, you are providing us with the right to continue to charge by way of an on-going recurring periodic subscription the Entry Fee for the specific type of Syndicate you have opted to join.
Management of a Syndicate together with the purchase of any tickets for a Game a Syndicate is playing is an on-going process. Once a Player has paid the Entry Fee and joined a Syndicate the process of managing their participation in the Syndicate starts immediately. Therefore, you are unable to cancel or refund your membership for the duration in which you have paid the Entry Fee. By agreeing to the Universal Terms, you accept that your right to cancel your Membership under the Consumer Protection (Distance Selling) Regulations 2000 shall not apply.
You will cease to be a Player Member if you are not part of a Syndicate but you will remain a Member (provided you continue to access your Account) and may, subject to the Universal Terms, apply to become a Player Member again at any time.
Closing your account
You may close your account once your subscription has fully ended and you are no longer participating in a syndicate. To close your account you must send an email to email@example.com.
Upon closing your account your personal data will no longer be available for us to use.
Purchase of tickets
Each Lottery Draw is performed by the designated Operator. LotteryTech's and/or Cloud Canyon’s participation, and each Syndicate's interest, in each Lottery Draw is subject to the terms and conditions of the related Lottery Operator in addition to our Universal Terms.
We use a third party company, LotteryTech, for lottery messengering services who buy the tickets. They are contracted to:
obtain, and at all times throughout the term maintain, all necessary licences and consents for the conduct of its business, and comply with all applicable law;
put in place such policies and procedures, and undertake such customer checks, as are required to comply with applicable law and industry best practice;
ensure the provision of tickets is made correctly and in compliance at all times throughout the term with the correct Terms and Conditions of the Agreed Lottery Providers;
put in place such policies and procedures, and undertake such process checks, as are required to comply with Agreed Lottery Providers Terms and Conditions;
Withdrawals of winnings
In the event of winnings below £50,000, LotteryTech, collect the Prize from the Lottery Operator on our behalf and transfer it to our account. Once we are credited for the Prize amount, we in turn credit your Account with your share of the Syndicate Winnings.
In the event of a win above £50,000 Cloud Canyon Ltd will collect the collect the Prize from the Lottery Operator and credit your Account with your share of the Syndicate Winnings.
Winnings will be distributed to Members of a Syndicate which has won the prize as soon as possible after receipt by the Company of cleared funds (directly or indirectly) from the applicable Lottery operator. Tax may be deducted if applicable.
Distribution of Winnings to a Member will be by crediting the Member’s Account and on request for payment, credited to the Member’s Credit or Debit Card in the name used to open your Account or to an Account that has or is used to make Membership Fee payments to the Company.
Should an alternative method of payment for their percentage of any Winnings be requested by a Member it will be at the discretion of the Company whether or not to comply with such a request, having given consideration to the appropriate financial rules and regulations that may apply in such circumstances. In the event that an alternative method of payment is adopted, an administration charge may apply and be deducted from the Members share of any Winnings before payment.
We reserve the right to refuse a request to transfer funds from or to certain countries or jurisdictions as we may dictate from time to time.
All Winnings are subject to there being a minimum amount due to a Syndicate member of £3.
Once a Member has closed their account, and should they still have winnings in their wallet, their Account is deemed to be Dormant. After 1 year a maintenance fee may be charged by the Company to maintain the Dormant Account. In this event, the proceeds of this charge will be given to a registered charity as decided by the Company.
In certain countries Jackpot prize payments are subject to local conditional variations in the way in which a payment is made. In addition, it is sometimes the case that the Lottery Operator gives the winner or winners of the Jackpot prize payment options. In such instances you hereby give Cloud Canyon Ltd outright authority to choose at their sole discretion to select which payment method it prefers to accept. For instance, in the United States of America, it is common practice to spread a Jackpot prize pay-out over a number of years, which could be as many as 30 years. The alternative offer by the Lottery Operator is often an immediate cash lump sum payment which is usually substantially less than the advertised Jackpot prize. In such circumstances Cloud Canyon Ltd will always accept the immediate and reduced value cash prize based on the offer made by the Lottery Operator, and will not be held responsible under any circumstances for any perceived loss of prize money by any Player Member of the winning Syndicate.
In the event of a substantial win the identity of the Members of a Syndicate will be kept confidential unless and until they have agreed for it to be made public. The Company reserves the right at its discretion, to advertise that a Wshful.com Syndicate has won a jackpot or other substantial prize.
At the time of writing all prizes won from UK lottery tickets sold in the United Kingdom & the Isle of Man are tax free, however prizes won from lottery tickets sold in other jurisdictions may be subject to local taxes in the jurisdiction of the Lottery Operator. Cloud Canyon Limited has no control over any taxation legislation in any jurisdiction including the United Kingdom, and therefore cannot be held responsible for any perceived reduction in prize winnings. Taxation on Lottery Winnings can change at any time in any jurisdiction, therefore all references to Jackpots and other prizes on this website must be consider as an estimate which may be subject to a reduction.
The terms “Cloud Canyon Ltd”, “Wshful.com”, and any other trademarks, service marks and or trade names used by Cloud Canyon Ltd under license on the Website from time to time (the “Trade Marks”), are the trademarks, service marks and or trade names of Cloud Canyon Ltd or any other body identified specifically on the Website and these entities reserve all rights to such Trademarks. In addition, other content on the Website used by Cloud Canyon Ltd under license, including but not limited to documents, descriptions, products, technology, sounds, interactive features, logo’s, the software, source code, website architecture, code bible, images, pictures, graphics, photographs, animations, videos, music, audio, text and operating system code (the “Website Content”) belongs to Cloud Canyon Ltd or any other body identified specifically on the Website and is protected by copyright and or other intellectual property or other rights. You hereby acknowledge that by using the Services and the Website, you obtain no right in the Website Content, or any part thereof. Under no circumstances may you use the Website Content without the prior written consent of Cloud Canyon Ltd.
In the event that permission is given by the Company for the use of third party content, the following conditions will apply. Credit/Acknowledgement of the artist's name and Website URL must be given when the image is published, either with a picture credit, caption or a link/acknowledgement in the publication if the image is used for promotional/editorial purposes newspapers, magazines, newsletters, web or print publications, etc.
Unless express permission has been granted by us, you are not allowed to crop and or electronically alter any image to suit any purpose for the usage stated above. If and when the contract/affiliate program has finished you should also deist from using any image or third party content.
Third party provisions
The originator of all third party content used on our Website retains all copyright and moral rights attached to any images as well as any other rights which may not be detailed in this agreement.
In the event that permission is given by the Company for the use of third party content the following conditions will apply. Credit/Acknowledgement of the artist's name and Website URL must be given when the image is published, either with a picture credit, caption or a link/acknowledgement in the publication if the image is used for promotional/editorial purposes newspapers, magazines, newsletters, web or print publications, etc.
Selling and or redistribution of any image or content are strictly forbidden
Unless express permission has been granted by this company you are not allowed to crop and or electronically alter the image to suit any purpose for the usage stated above. If and when the contract/affiliate program has finished you should also deist from using any image or third party content.
Warranty and Liability & Disclaimers
Cloud Canyon Ltd does not guarantee that a lottery operator will perform (including properly) any lottery draw, honour a lottery ticket and/or, pay applicable prizes, and you agree that Cloud Canyon Ltd will not be responsible for the failure of any lottery operator in connection with any of the foregoing activities. In no event will Cloud Canyon Ltd be required or liable to pay you any prize, or amount equal to the prize, in the event that a lottery operator fails to do so for any reason.
In the event that Cloud Canyon Ltd, having exhausted all reasonable efforts, is unable to obtain said winnings for whatever cause or reason, Cloud Canyon Ltd does not accept liability whatsoever from any and all claims, losses, liabilities, demands, damages, costs, or expenses, as far as is permitted by law.
Cloud Canyon Ltd shall not be liable for any lost lottery ticket or failure to lodge a form or purchase a lottery ticket, or for any clerical errors that may be included in a lottery ticket, whether such failure or error arises from our, or one of our service provider's systems, or from our, or one of our service provider's, human error.
You acknowledge that content regarding a lottery draw, including the official results of any lottery draw is based on information that we obtain from lottery operators and such content may be incorrect, incomplete, and subject to change. We do not warrant, endorse or guarantee the accuracy, currency, or completeness of this information and you agree to verify this information via the website or official publications of the relevant lottery operator.
We do not make any representation or warranty regarding your chance of obtaining winning numbers or of being entitled to a prize.
Cloud Canyon Ltd is not a lottery operator and does not hold or provide lottery draws. Your participation in each Game is voluntary and at your sole risk. If you have a dispute with a lottery operator or any other user or third party in connection with the site and/or a lottery draw (and any prize in connection thereto), you agree that Cloud Canyon Ltd is not liable for any claims or damages arising out of or connected with such a dispute. Cloud Canyon Ltd reserves the right, but has no obligation, to monitor any such dispute.
The Site is provided on an "as is" and "as available" basis, and without warranties of any kind either express or implied. Cloud Canyon Ltd hereby disclaims all warranties, express or implied, to the fullest extent permitted by law including but not limited to implied warranties of non-infringement, and those arising by statute or from a course of dealing or usage of trade.
Cloud Canyon Ltd does not guarantee that the site will be free of bugs, security breaches, or virus attacks. The Site may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that Cloud Canyon Ltd will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion, overload of our or other servers, delay or failure in transmission, or any alteration or distortion of data.
We do not warrant, endorse or guarantee any content, product, or service that is featured or advertised on the Site by a third party.
Our relationship with providers of lottery services
Euromillions is the trademark of Services aux Loteriesen Europe, Mega Millions and Powerball are the Trademarks of The Multi-State Lottery Association (MUSL). The Company is not connected with Services aux Loteriesen Europe or The Multi-State Lottery Association (MUSL).
We are not connected to or approved by any of the companies, organisations, or any other bodies that are related to any Game that are used in any Syndicates. The Company is an entirely independent operation and any resemblance to actual lottery companies or operators of draw based games is purely coincidental.
The potential for the above relationship to change exists should the Company chose to apply to any of the above corporate bodies to be either an affiliate or a retailer, or becomes associated in any other way.
We store Member data ourselves and we reserve the right to use this information to inform, advertise and promote other similar products which are owned or operated by associated companies of Cloud Canyon Ltd.
License (Subject to Restrictions on Use)
We grant you a personal, worldwide, non-exclusive, royalty-free, non-assignable and non-transferable license to use the software for the Games (the “Software”), on any computer at which you have user rights, strictly for participation only in the Games in accordance with the Universal Terms and the rules of the Games.
You may not sub-license, nor assign or transfer this license, nor rent, lease, license or sub-license the software or any part of it or any of the Games or any part of them. Except to the extent that such activities cannot be prevented pursuant to the Copyright, Designs and Patents Act 1988, you may not reverse engineer, decompile, disassemble, modify, translate or make any attempt to discover the source code of the Software or any material on our Site or used for any of the Games.
Save as expressly provided below, any downloading, use or copying of the Website or Services is strictly prohibited and, in particular, you agree to use the Website solely for your own personal, non-commercial use and specifically not for any business, commercial or public purpose.Neither Cloud Canyon Ltd, including the Haywire Group of Companies or associates or any of its affiliates as well as any agents, network service providers, partners, representatives or employees, certify that the Software used on our Website will be free from any virus or coding that might be of a destructive nature.
It is your responsibility to implement and maintain procedures to satisfy any requirements you might have in terms of accuracy of data input and output, as well as the protection from such aforementioned destructive viruses or code. Further to this, neither the Company or the Haywire Group of Companies including any of its affiliates as well as any agents, network service providers, partners, representatives or employees warrant that the Website is error free or will function without interruption or data package loss including any connection or transmission over the internet.
It is forbidden to deploy within this Website any spider, robot, web crawler or other automated query program, or to re-use or aggregate of any of the Website in the provision of a commercial service. The use of any third party website accessed via this website is governed by that third party website’s own terms and conditions.
Content in the provision of Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content for Cloud Canyon Ltd (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Cloud Canyon Ltd or by the owners of that Content, in a separate agreement.
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through the Services including social media.
By submitting, posting or displaying the Content you give Cloud Canyon Ltd and Cloud Canyon Ltd a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Cloud Canyon Ltd to display, distribute and promote the Services to and through other connected companies with whom we have a relationship.
You agree that this license includes a Cloud Canyon Ltd right to make such Content available to other companies, organizations or individuals with whom Cloud Canyon Ltd has relationships for the provision of Syndicated Services, and to use such Content in connection with the provision of those Services.
Mobile Phone Communications
There is no guarantee that a Mobile Request will be received by the Company, or that a Short Message Confirmation will be received by a Player or Member. If a Short Message Confirmation is not received by a Player or Member that Player or Member is responsible for accessing their Account on the Website and checking they have been included in the Syndicate they wished.
Players and Members are responsible for providing and maintaining their mobile phone, for ensuring that their mobile phone is secure at all times, for ensuring its connection to the mobile network and for ensuring it is properly maintained and is functioning correctly for payment of all charges and fees charged by their mobile network operator (including without limitation the cost of any Short Messages sent to the Company and all other charges to which they may be subject).
Information on this Website may be incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. The Company may also make improvements and or changes in the products described in this information at any time without notice.
Regardless of our efforts to provide you with Service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Services found therein shall be free from viruses or errors.
IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR ON ANY OTHER HYPER-LINKED WEBSITE INCLUDING, WITHOUT LIMITATION, ANY LOST WINNINGS, PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMMES OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER INCLUDES THE EVENT OF AN INCORRECT ACQUISITION OF SYNDICATE NUMBERS OR LINE ENTRIES RESULTING IN A LOSS OF PRIZE MONEY HOWSOEVER CAUSED INCLUDING HUMAN ERROR.
In the event of a failure or malfunction of the Website or any of the Company’s back office systems, which impacts upon a Member and which has a material adverse effect on any Members ability to participate in a or any Game, the Company shall, at its discretion, either submit a refund to the affected Member the sums paid by that Member in joining a Syndicate for the month in question, or offer the affected Member a place in either the same or another Syndicate for a similar period of time to that period for which the member was unable to participate in a Game.
Changes to the Terms & Conditions of Use
Any information provided by the Company in or on the Website is updated by the Company from time to time and may not, therefore, at all times be current. The Player / Member should use proper skill and care in the use of such information, including the checking of such information against other sources where appropriate, and is wholly responsible for any expenditure made based upon such information.
The Company may amend, modify or supplement all terms and conditions on the Website at any time by posting the amended, modified or supplemented terms on the Website. Such amended, modified or supplemented terms shall be automatically effective immediately after being posted on the Website. The foregoing shall not affect any transactions which are in progress as of the date and time of such amendment, modification or supplementing, which transactions shall continue to be governed by the previous terms and conditions.
The Company shall not be liable for any delay or failure in performance of any part of its obligations to the extent that such delay or failure is caused by any cause beyond its reasonable control including, without limitation, fire, flood, strikes, lock-outs, hardware, software or telecommunications failure or any government action.
The Company shall be entitled, without any liability on its part, to alter, suspend or terminate any of its Services on the Website or otherwise to comply with any legal or regulatory requirements.
Should any part of any terms and conditions on the Website be found by any court or competent authority to be illegal, void or unenforceable, then that part shall be deemed not to be a part of the terms and conditions and the enforceability of the remainder of the terms and conditions shall not be affected.
The Player agrees to indemnify, defend and hold harmless Cloud Canyon Ltd, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, licensors, and partners from any and all claims, losses, liabilities, demands, damages, costs, or expenses (including reasonable legal fees), arising from or asserted by any third party due to: The Player's use of Cloud Canyon Ltd web application, or any other product, service or promotion offered to the Player by Cloud Canyon Ltd;
Any claim of infringement of third party intellectual property rights;
Uploading, posting, emailing, reproducing, transmitting or otherwise distributing any content or other materials from the Player; and
The breach of any of these Terms and Conditions by the Player or any users of a Player account with Cloud Canyon Ltd.
Cloud Canyon Ltd reserves the right to assume the exclusive defence and control of any matter subject to indemnification by the Player, which shall not excuse the Player's indemnity obligations.
Choice of Law
The terms and conditions shall be governed by and construed in accordance with the law of England and Wales.
The Company the Player and or Member irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English Courts although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.