Definitions
"Account" means a player's notional account maintained on the Site to enable him/her to participate in Plays.
"Combination" means a set of 6 numbers, from 1 to 49, which a Player chooses in the hope of winning any of the prizes (ideally the first prize, hereafter "Jackpot") in the UK National Lottery Game.
"Draw," "Official Draw", "Game", "UK National Lottery Game" means any lottery or series of lotteries that form(s) part of the UK National Lottery managed by the Official Draw Operator. The purpose of the Game is to guess 6 winning numbers (hereafter - "the Winning Numbers") that will be drawn at the UK National Lotto draw, as published, in a final and exclusive manner, by the Official Draw Operator.
"Member", "Player", "User", "You", "Your" means the person who opens and maintains a membership account with us and/or buys or agrees to buy services from us.
"Minor" means any person who has not reached the age of 16 years.
"My Balance"" means any funds deposited in a member's account (including any winnings) which can be used by the member as required.
"My Uncleared Funds" means any funds deposited in a member's account that cannot be used for any purposes by the member until such time when such funds are transferred to "My Balance".
"Official Draw Operator" means the government appointed agency, currently Camelot Ltd. that administers the UK National Lottery Game.
"Play", "Entry", "Ticket" means submitting a combination into a syndicate for a nominal Catchalotto charge, thereby becoming a member of the syndicate.
"Prize money", "Winnings" means money won by the player(s).
"Services" means the services which you buy or agree to buy from us.
"Site", "Website" means the website with the URLs www.catchalotto.co.uk, www.catchalotto.com, www.lottorino.co.uk and www.lottorino.com
"Syndicate" is created on a per-draw basis and is said to be formed when a member submits his Play into the syndicate for a nominal Catchalotto charge. The unique identifier of a syndicate will be the syndicate's name and the draw date assigned to that syndicate.
"Terms and Conditions", "Agreement" means the Terms and Conditions of sale set out herein and any special Terms and Conditions agreed in writing by the Company.
"Winner" means either a player who matched 3 or more winning numbers or a member belonging to a winning syndicate.
"Winning syndicate" means a syndicate that contains at least one combination that matched 3 or more winning numbers on a draw date that the syndicate is assigned to.
Generic
The Terms and Conditions, as set out herein, is a legal document which sets out your rights and obligations, and those of Catchalotto in relation to this Site and the services offered by Catchalotto through it. Please read this document carefully. By using our Site, you represent and warrant that you have the right, authority and capacity to enter into and abide by this Agreement. If you do not agree to be bound by this Agreement, you may not use or access our services.
The Terms and Conditions contained herein represent the complete, final and exclusive agreement between you and the Company and supersede and merge all prior agreements, representations and understandings between you and the Company with regards to using our Site and services.
We never forfeit our rights to require your compliance with the Terms and Conditions and with applicable laws and regulations governing business conduct. You acknowledge that it is your sole responsibility to understand laws in your jurisdiction, which may prohibit your participation of the Site. Such laws may disqualify you from participating and nullify eligibility.
The Terms and Conditions set out herein shall be governed by and construed in all respects in accordance with the laws of England and the English courts are to have jurisdiction over all matters relating to and arising out of these Terms and Conditions.
We may revise the Terms and Conditions at any time. You agree to reacquaint yourself with this document at regular intervals. Your continued use of the website after changes are posted on the Site means you agree to be legally bound by these terms as updated and/or amended.
The effective date of this Agreement shall be the date of your first access to our Site.
We do not have any association with Camelot Ltd or any of its affiliates, and we do not operate a Lottery. We are an independent syndicate management team enabling an online community to form lottery syndicates.
All syndicates are for entry into the UK National Lottery "LOTTO" main draws. We may introduce syndicates for other National Lottery Games at any time.
Catchalotto Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we handle your personal data in that policy.
Registration
All applicants must be residents of the UK or Isle of Man and must be 16 years old or over. Any activity by non eligible player will be declared void and any winnings will become the sole property of Catchalotto.
We reserve the right to request proof of age at any time to ensure the prohibition of play by minors.
Each registration is for a single user only. You may not share your user name and password with any other person nor with multiple users on a network: account-sharing is prohibited.
You are not permitted to have multiple accounts. If we discover that you have more than one (1) account, or suspect a third party account is being used for this purpose, we retain the right to delete, vary or suspend such accounts without prior notice and take whatever action we consider appropriate.
You hereby confirm that all information provided to us in your registration and in connection with your Catchalotto account will at all times be complete, accurate and not misleading including your correct name, date of birth, address and other requested details. As part of the registration process, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email will contain simple instructions which you must follow to complete the registration process.
It is your responsibility to ensure that all personal details are kept up-to-date. It is your responsibility to ensure your address, phone number, email details are kept up to date via the My Account section of the Site.
You are responsible for maintaining the confidentiality of the password and account. You shall not allow any other person or third party including, without limitation, any minor, to use or reuse your account, access and/or use any materials or information from our Site, accept any prize, or participate in any of our syndicates. You are solely responsible for any purchases and/or losses that may occur on your account.
You agree to (a) immediately notify the Catchalotto team of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you logout from your account at the end of each session. The Catchalotto team cannot and will not be held liable for any loss or damage arising from your failure to do so.
If you choose a username that, in our sole discretion, is obscene, indecent or abusive we reserve the right, without prior notice to you, to automatically change your username, suspend or terminate your account, deny access to our Site, or any combination of these actions. You will be notified via email in any such instance.
We reserve the right to change or cancel your account registration should we find that details you provided are unsuitable, inappropriate and/or insufficient. In such cases, you will receive a notification notice from us to the email address you have nominated during registration.
Payments
Once your Catchalotto account has been activated, you will be able to transfer funds to your account via the methods made available by us.
All electronic payments must be initiated by pressing "Top Up" button found in "My Balance" section of your account.
Please be sure to provide your exact billing address and telephone number as they appear on your bank statement. Incorrect information may cause a delay in processing your order and/or failure to complete your top-up request.
In case of electronic payments, our online payment provider will determine whether funds you have requested to transfer to your Catchalotto account are available. Funds will be transferred into your account after we receive an automated confirmation of payment from the provider (in most cases this should happen immediately after you submit your payment).
Payments made to us by cheque will be deposited to your Catchalotto account, on average, within 10 working days from the date of receipt.
If applicalbe, a top-up handling charge will be paid by you each time you load your account. Please see How to Play section for the relevant scale of charges. This charge is non-refundable.
No interest will be paid for the period that funds are deposited in your Catchalotto account.
Any amounts that are mistakenly credited to your account remain our property and will automatically be transferred out of your account upon the error being noticed. Any payments mistakenly credited to your account yet withdrawn and/or used by you in a Play you will constitute a debt owed by you to us in the amount of such wrongfully attributed payments.
If you deposit funds few times in succession to your Catchalotto account via our online payment facility and do not make any Plays and subsequently you request a withdrawal from your account a penalty charge of 10% will apply for each top up made in addition to standard withdrawal charge.
We consider the credit/debit card chargebacks for services ordered and provided to be prima fascia evidence of 'Theft Of Service'. In the event that there is a charge back for whatever reason you accept and acknowledge that we will be able to suspend your account indefinitely to enable us to investigate and resolve the matter. During such period any monies due or requested will be withheld.
We reserve the right to debit your account with the amount of the chargeback together with any funds that we have used to purchase Plays for you and which are subject to that chargeback plus the maximum amount of damages allowed by law. If that debit results in a negative balance in your account, we reserve the right to recover that balance from you and you will not be able to use any of our services unless and until the balance has been so recovered. Should we be unable to collect this fee we may report your account to a debt collection agency to collect outstanding amounts for us.
Chargeback following a purchase on your behalf may result in both civil and criminal proceedings against you. We will dispute the chargeback with supporting documentation and report the fraudulent chargeback to law enforcement authorities.
It is our policy to report all forms of credit/debit card fraud to the appropriate legal authorities, regardless of country of origin, and to vigorously prosecute individuals and/or companies that commit credit/debit card fraud by means of chargebacks, use of fraudulent credit/debit cards or other forms of credit/debit card fraud.
Syndicate Formation
Before you can enter a syndicate, you must have enough funds in your Catchalotto account to submit at least one Play.
Each syndicate has a unique reference number which consists of the syndicate's name, date and time fields. It is your responsibility to submit your Plays into a syndicate which belongs to your desired draw date and ensure that your Plays are submitted to us in time.
Syndicates are formed on "a first come first served basis". There are no restrictions as to how many Plays you are allowed to submit into each syndicate providing the syndicate's status is "Join".
The Catchalotto team cannot be held liable if the syndicate size changes dramatically from the time the syndicate size is displayed to you and the moment you actually join the syndicate. The syndicate size is only an indication (unless the last entry into the syndicate has been made).
Prior to submitting your combination into a syndicate, you must read, understand and agree to your chosen syndicate's agreement. If you do not agree to such agreement, you must not submit your combination into the syndicate. The syndicate's agreement can be used by yourself or us at any time as a proof of your membership or non-membership to the syndicate in question.
Once your combination(s) is submitted and payment is deducted from your Catchalotto account, no refunds will be made nor will you be allowed to move your selection onto a different syndicate nor change the combination(s) chosen.
We will not be held liable for any action or inaction you take as a result of Catchalotto's verification processes, including the Lottorino Scoring Engine.
Algorithm and source code behind Catchalotto's verifications processes and the Site as a whole are the sole property of the Company and shall not be disclosed. We may make amendments and maintenance work to these without any prior notice and/or consent from any external parties.
We have absolute discretion in the selection of combinations for syndicate(s) with predetermined combinations using techniques we may choose not to disclose.
Should you disconnect from our Site due to technical or other reasons whilst submitting your plays into any of the syndicates, it is your responsibility to ensure that the process was completed. You must ensure that the combination(s) you submitted appear within the agreement of your chosen syndicate and your Catchalotto account has been charged appropriately. We shall not be held liable for any Plays that did not transmit to us correctly and/or completely due to computer malfunctions, failure of telecommunications services or internet connections or any other reason.
A syndicate's status can be one of the following: "Join" status indicates that a syndicate can be joined, "Awaiting" status indicates that a syndicate does not accept any new entries and is either awaiting the Official Draw or in the process of calculating the syndicate's winnings. "Uncleared/Cleared" status indicates that the syndicate is now closed, the Official Draw has taken place and any winnings have been distributed ("Cleared") or are in the process of being distributed to its members ("Uncleared")
We reserve the right to create more limited type syndicates should all limited syndicates be filled.
We reserve the right to refuse your entry into any or all of our syndicates and will not be held liable for such action.
Charges per game
Credit is never provided and payment must be made before we provide any of the Services offered.
Each time you submit your combination(s) into a syndicate you understand and agree that the relevant charge per play will automatically be deducted from your Catchalotto account immediately after your submission of Play. Once your combination(s) are submitted, you agree that no refunds will be made nor will you be allowed to move onto a different syndicate or change the combination(s) chosen.
All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges which can be viewed by clicking on the How to Play page. It is your responsibility to note the charges applying to each of your Play.
We reserve the right, at our discretion, to alter the amount or the basis of the calculation of our charges at any time. The new charges will be applicable to any Plays immediately after we post the notification of our new charges schedule on our Site.
You will bear all costs and expenses incurred by you in connection with your activities as a member, and you hereby indemnify and keep the Company indemnified against all actions, proceedings, liabilities, claims, damages, costs, and expenses arising out of or in any way relating to your actions. We are responsible only for the inherent quality and integrity of our Services.
Purchasing tickets
We will purchase the combinations submitted by you. We act as the syndicate organiser and as such we purchase all lottery tickets in our name. We do not purchase lottery tickets in your name or on your behalf.
We will keep the purchased tickets in an undisclosed and safe location which may be different from our offices. Upon your request, we may, but shall not be obliged to, scan the ticket and email it to you as proof of purchase of your ticket. In case of e-tickets, we will keep accurate records of tickets reference numbers and we may, but shall not be obliged to, send you a screen print-out of the ticket should you request it.
If for whatever reason we are unable to buy your ticket (whether technical, force majeure or other), we will notify you, via email, of this prior to the Official Draw taking place and as such we will not be held liable. In such notification, the Official Draw number, draw date, the combination(s) chosen by you, the total payment you made and the payment that will be reimbursed to you will be specified. Such notification will also be sent to an independent party as proof of such correspondence which can be used in any event of a dispute or a conflict or a claim.
Although we take great care to submit all your requested combinations into the draws you select, you agree that we will not be financially liable if we fail to place the agreed numbers, or place the wrong numbers, or place the numbers to a wrong draw date.
Winnings
We will validate each combination against the Official Draw numbers on the night of the Official Draw and notify you via our Site of the winning entries (if any) within your syndicate, the syndicate's total winnings and your share of winnings.
Your share of winnings will be added to "Uncleared Funds" until such time when the Official Draw Operator settles the winnings with us. Once the winnings are collected by us, your share of winnings will be transferred from "Uncleared Funds" to "My Balance" in your Catchalotto account, which can then be used by you as required.
We aim to collect any prize money and distribute the relevant share of the prize money to your Catchalotto account within 10 working days from the receipt of the winning sum from the Official Draw Operator.
Winnings are shared amongst all members within the winning syndicate. No winnings are distributed to other members (e.g. those in other syndicates and/or draws). Jackpots are of no exception.
If you are not included into a syndicate due to technical or other reasons (computer malfunctions, failure of telecommunications services or internet connections, payment failure etc) and the syndicate subsequently wins, you will not be eligible to any of the winnings. You must ensure that your Play(s) appear within your chosen syndicate prior to the closing time of such syndicate and that the relevant Catchalotto charge has been deducted from your Catchalotto account for each Play made.
Your percentage of winnings is proportionate to the total number of entries you own within a winning syndicate (e.g. you receive two thirds of the winnings if you had two entries in the winning syndicate with the total population of 3)
If your winnings include a fraction of a penny, the fraction is rounded down to the nearest whole penny. For example, if your share of winnings is £100.026846, you will be entitled to £100.02.
Winning sums will be paid nominally, in Pound Sterling, and will bear no interest or linkage differentials from the winning date until the actual payment of the winning sums. No interest will be paid for the period that winnings are deposited in your account.
Regardless of the methods used to dispatch your share of winnings, fixed administrative charge of £2 will be deducted when you request your winnings to be sent to you.
All winnings are sent by cheque via Royal Mail service, unless you request your cheque to be sent via other methods (such as Recorded Delivery). In such case, the relevant Royal Mail or other postal service provider charge will further be deducted from your account.
For security purposes, all winnings are non transferable, thereby the winnings will be payable to you and not to a third party. It will be sent to the address registered with us.
Cheque will be valid for 180 days from the day of postage to you after which being declared void.
We reserve the right to ask you to furnish us with proof of your identity and age as a condition precedent to us allowing you to use our Services. We may withhold all winnings which may be due to you until such time as you justify that you are the proper person to whom the winnings should be paid.
We reserve the right to refuse to pay you your share of winnings if your debit or credit card is reported to be lost, stolen or to have been used without authorisation of the owner.
Any amounts that are mistakenly credited as winnings to your account remain our property and will automatically be transferred out of your account upon the error being noticed. Any winnings mistakenly credited to your account yet withdrawn and/or used by you in a Play you will constitute a debt owed by you to us in the amount of such wrongfully attributed winnings.
You agree not to take part in any publicity without express written consent from us.
We will only disclose your personal details and your total share of winnings at your discretion. We may however use overall syndicate winnings information for advertising and marketing purposes.
At present, betting, lottery or pools winnings are not chargeable gains for the purposes of UK Capital Gains Tax and are not normally assessed for UK Income Tax. If you are in any doubt about tax liability on your winnings you should seek professional advice from a Financial Advisor. It is important to note that UK Inland Revenue law and practice may change.
Withdrawals and Account Closure
You can close your account at any time by sending us a written request from the email address you have registered with us. We will refund the amount you have deposited in "My Balance" section of your account minus £2 for administrative fees.
You may withdraw funds held in your Catchalotto account by accessing the "My Account" section of the Site. The withdrawal processing fee of £2 will apply for any withdrawals that you make. If your Balance is lower than the withdrawal processing fee, the withdrawal request will not be completed.
If you do not log onto your account for a period of 180 days, an email will be sent to you notifying you of our intention to close your account. If we do not hear from you within 4 weeks thereafter, your account will be closed and any Balance in your account will be forfeited to us.
Additional Services
Catchalotto or its affiliates may offer new or additional services from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement and immediately indemnify the Company.
Feedback
We value all feedback whether positive or negative and we appreciate the time you take to let us know, how you feel about the Site. Please use the Contact Us Page to tell us how we can improve our service to you. Providing as much information as possible will help towards answering your queries as quickly as possible. Discussing any technical issues that you have with Catchalotto in any public forum or chat room will render said issues void.
Complaints
We do our best to provide a fair and good service. If you have a complaint about Catchalotto or the services we offer, please use the Contact Us Page. If you have a complaint, it is much more effective to communicate with us in a constructive and structured manner. We will make every effort to answer the majority of emails within 24 hours and the remainder within 48 hours of receipt.
Termination & Remedies for Breach of these Terms by You
We reserve the right to restrict, suspend or terminate your account or deny you access to catchalotto.co.uk on a permanent or temporary basis or take such other action as we deem appropriate if we determine that you are in breach any of the Terms and Conditions or we consider that your use of catchalotto.co.uk is inappropriate or otherwise unacceptable. You shall be notified and must not attempt to use this Site under any other name or through any other user.
In the event of any dispute the decision of Catchalotto is final.
We shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in any other such circumstances as we, in our absolute discretion, consider reasonably necessary or appropriate.
Proprietary Rights
All trademarks, copyright, database rights and other intellectual property rights in the materials concerning the Site or relating to it (as well as the organisation and layout of the Site) together with the underlying software code, or concerning the Services that are proposed within its framework are owned directly by the Company and shall be the exclusive property of the Company. No one shall use any of the rights without the express written approval of the Company.
You may not copy, reproduce, modify, alter, publish, transmit, distribute, create derivative works from, perform, display, sell or transfer any material on this Site or the underlying software whether in whole or in part without prior written authorisation from Catchalotto. The contents of the Site may be downloaded, printed or copied solely for your own personal non-commercial use and specifically not for any business, commercial or public purpose.
The deployment within the Site of any spider, robot, web crawler or other automated query program and the re-use and/or aggregation of any of the Site's content in the provision of a commercial service is strictly prohibited.
If you cause damage or loss to our servers, and/or make our Site to be interrupted from normal service, and/or unfairly or unlawfully refer to our Site so as it damages our reputation, you will be held liable for damages and loss of business.
Liability Disclaimer and Access to our Site
YOU ACCEPT THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR COMPUTER SYSTEM MEETS ALL RELEVANT TECHNICAL SPECIFICATION NECESSARY TO USE THIS SITE AND THAT YOUR COMPUTER SYSTEM IS COMPATIBLE WITH THIS SITE.
YOU MUST NOT MISUSE OUR SYSTEM OR THE SITE. IN PARTICULAR, YOU MUST NOT HACK INTO, CIRCUMVENT SECURITY OR OTHERWISE DISRUPT THE OPERATION OF OUR SYSTEM AND THIS SITE, OR ATTEMPT TO CARRY OUT ANY OF THE FOREGOING. ANY VIOLATOR WILL BE HELD LIABLE FOR DAMANGES AND LOSS OF BUSINESS.
WE SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS, FAILURE OF TELECOMMUNICATIONS SERVICES OR INTERNET CONNECTIONS NOR ATTEMPTS BY YOU TO PARTICIPATE BY METHODS, MEANS OR WAYS NOT INTENDED BY US.
WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE.
WE USE REASONABLE ENDEAVOURS TO CHECK THE ACCURACY OF INFORMATION PUBLISHED ON OUR SITE. YOU SHOULD NOTE HOWEVER THAT WE DO NOT WARRANT THAT SUCH INFORMATION WILL BE ERROR FREE AND WE ACKNOWLEDGE THAT THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
WE AND OUR AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA OUR SITE OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED on a "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE FITNESS FOR PURPOSE, RELIABILITY, SATISFACTORY QUALITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THE SITE.
ADDITIONALLY, IN NO EVENT WILL CATCHALOTTO OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER RELATING TO THE SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
WE WILL NOT BE LIABLE FOR DAMAGES WHICH MAY BE CAUSED BY THE INTERCEPTION OR MISUSE OF YOUR CREDIT CARD DETAILS ON THE INTERNET TO THE EXTENT THAT SUCH INTERCEPTION OR MISUSE HAS BEEN CAUSED BY EVENTS OUTSIDE OF OUR OPERATION AND CONTROL.
WE CANNOT GUARANTEE THAT THE SERVICE WILL NEVER BE FAULTY BUT WE WILL CORRECT REPORTED FAULTS AS SOON AS WE REASONABLY CAN. IF A FAULT OCCURS YOU SHOULD REPORT THE FAULT BY EMAILING US.
WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CATCHALOTTO SERVICES, YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. IN THE EVENT THAT THERE ARE THIRD PARTY LINKS TO OTHER WEBSITES FOR YOUR CONVENIENCE, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR FUNCTIONALITY OF SUCH EXTERNAL WEBSITES. WE DO NOT ENDORSE THE CONTENT OF ANY EXTERNAL WEBSITES AND ARE NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS HOWEVER CAUSED TO YOU BY YOUR USE OF ANY EXTERNAL SITE.
WE WILL NOT BE HELD LIABLE FOR OCCASIONS WHEN WE MAY NOT BE ABLE TO PROVIDE THE SERVICE BECAUSE OF CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE), SUCH AS ACTS OF GOD, STRIKES, LABOUR SHORTAGE, GOVERNMENT ORDERS ETC.
WE WILL DO OUR UTMOST TO ENSURE THAT AVAILABILITY OF THE SITE WILL BE UNINTERRUPTED AND THAT TRANSMISSIONS WILL BE ERROR FREE. HOWEVER, DUE TO THE NATURE OF THE INTERNET, THIS CANNOT BE GUARANTEED. YOUR ACCESS TO ALL OR ANY PART OF OUR SERVICE MAY BE OCCASIONALLY SUSPENDED OR RESTRICTED AT OUR SOLE DISCRETION TO ALLOW FOR REPAIRS, MAINTENANCE, OR THE INTRODUCTION OF NEW FACILITIES OR SERVICES. WE WILL ATTEMPT TO LIMIT THE FREQUENCY AND DURATION OF ANY SUCH SUSPENSION. WE MAY, BUT SHALL NOT BE OBLIGED TO, GIVE YOU AS MUCH NOTICE AS IS REASONABLY PRACTICABLE OF SUCH SUSPENSION. WE WILL RESTORE THE SERVICE, AS SOON AS IS REASONABLY PRACTICABLE, AFTER TEMPORARY SUSPENSION. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SUCH SUSPENSION OR DELAY.
Indemnity
YOU HEREBY AGREE TO FULLY INDEMNIFY THE COMPANY AND ITS AFFILIATES FROM ANY AND ALL COSTS, LOSSES, DAMAGES, PROCEEDINGS, CLAIMS, LIABILITIES, CAUSE OF ACTION OR EXPENSE (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES AND DISBURSEMENTS) WHICH RESULT FROM YOUR BREACH OR NON-OBSERVANCE OF THESE TERMS AND CONDITIONS, AND FOR ANY PROHIBITED USE, AND FOR ANY BREACH OR INFRINGEMENT OF OUR COPYRIGHT, TRADEMARK, SERVICE MARK AND OTHER INTELLECTUAL PROPERTY RIGHTS.
Severability
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.