1.1 Boss Lotteries and the www.boss-lottery.com website, any
associated sub-domains, and any Boss Lotteries mobile applications
("Boss Lotteries Channels") are owned and operated by Australia Group Limited (“we” or “us”).
1.2 Company is a corporate entity that, pursuant to agreements with The
Lottery Corporation Limited (“TLC”) and multiple charitable and
not-for-profit partners (“Charity Partners”), facilitates the sale of
Lottery Products to the Australian public in accordance with
Australian law.
1.3. These terms and conditions apply to you as a Member or
prospective Member of Boss Lotteries.
2.1 These terms and conditions govern:
(a) Your application for Membership of Boss Lotteries;
(b) Your Account (if any) with Boss Lotteries, opened following an
accepted application for membership, including any funds held in the
Account (whether deposited funds or prize funds);
(c) Your purchase (if any) of Lottery Products through any Boss
Lotteries Channels;
(d) All other aspects of your dealings with us.
3.1 The laws applicable in your location or place of residence,
domicile or nationality may prohibit you from making Purchases from
us. You must ensure, prior to making an application for Membership
under clause 4, that the laws of the jurisdiction in which you reside
permit you to apply for and hold Membership and to meet the related
obligations (for example, to deposit funds, make Purchases and receive
winnings from us). When you make an application for Membership under
clause 4, you are warranting to us that you are lawfully permitted to
make Purchases from the jurisdiction in which you reside and that the
information provided in support of your application is true and
accurate.
3.2 You acknowledge that the warranty provided under clause 3.1 is a
precondition to Company accepting any application for Membership and if
you did not provide this warranty, Company would not accept your
application nor activate your Membership.
3.3 In addition to clause 3.1, you may only make an application for
Membership if you are at least eighteen (18) years of age, or such
other higher age as may be prescribed by law in the jurisdiction in
which you reside. You hereby warrant that you are, at the date and
time of making an application for Membership and each time you make a
Purchase, at least eighteen (18) years of age or such older age as may
be required in the jurisdiction in which you reside.
3.4 You are expressly prohibited from making an application for
Membership if you:
(a) are an employee, agent and/or contractor (whether engaged on a
full time or temporary basis) of the Jumbo Group and are seeking to
create a Membership in your personal capacity;
(b) are an immediate family member (spouse, parent, child and/or
sibling) who resides at the same residential address as a person under
clause 3.4(a);
(c) already hold an Account and/or are already a Member of Boss
Lotteries; and/or
(d) reside in a Restricted Country.
4.1 An application to join Boss Lotteries as a Member may only be made
from the Registration Page of the applicable Boss Lotteries Channel.
No other method for joining Boss Lotteries is available.
4.2 You must complete an application for your Membership yourself. You
must not complete an application for Membership on behalf of another
person. You agree and warrant that the information given by you to
accompany the application for Membership shall be true and complete
and not misleading in any way (whether material or immaterial) and you
acknowledge that but for you providing this warranty, we would not
consider your application for Membership.
4.3 By submitting an application for Membership, you are acknowledging
that you have read, understood and accepted, and that you agree to be
bound by all of these Terms and Conditions and any terms of use posted
on any of the Boss Lotteries Channels regarding the use of Boss
Lotteries Channels.
4.4 You will become a Member when we accept your application for
Membership and create and activate your Boss Lotteries Account.
4.5 Once your Account is activated, in addition to providing the
continuing warranty under clause 4.2, you are bound by the obligations
under these Terms and Conditions including the Membership obligations
referenced in clause 6.
5.1 Due to legal and contractual obligations governing Boss Lotteries
and the Lottery Products offered thereon, you, as a Member, are
required to complete our Identity Verification Procedures. The timing
for completing the Identity Verification Procedures is discussed in
clauses 5.3 to 5.5. The Identity Verification Procedures are designed
to verify your identity, age and place of residence, helping Company to
safeguard and protect you against fraudulent use of your Account and
identity, and enabling Company to ensure compliance with applicable
regulations.
5.2 As part of the Lotteries Identity Verification Procedures, your
identity may be verified by one of our third-party identity
verification service providers. One of these service providers is GBG
Australia Group Limited(“GBG”). GBG’s services enable Company to verify your
identity against public records automatically. For any services
provided by GBG, you acknowledge that:
For the purpose of Company verifying your identity, you consent to GBG
disclosing your personal information, including information about your
income, superannuation and employment, to Company and to Company acting on
your behalf to disclose your personal information to third parties for
the purpose of exercising, on your behalf, your right, under the
Australian Privacy Act 1988, to access personal information lawfully
held about you by those third parties. You consent to Company and third
parties to which you or GBG sends your personal information retaining
and using that information for the purpose of monitoring and improving
their verification services. You understand that if you do not provide
this consent, Company may be unable to assess your application.
5.3 We shall inform you when you are required to complete the Identity
Verification Procedures, which shall be determined based upon the
legal and contractual requirements we are subject to.
5.4 You, as a Member, must complete the Identity Verification
Procedures prior to withdrawing any funds from your Account. You will
not be permitted to withdraw any funds unless and until you have
completed the Identity Verification Procedures.
5.5 Additionally, we may, at any time and in our sole discretion,
require you, as a Member, to undergo the Identity Verification
Procedures again by reverting the verification status on your Account
and/or by Locking your Account (for example, if we suspect fraudulent
activity, account takeovers or any other risk to your Account and/or
Membership). If your verification status is reverted under this
clause, you will be deemed not to have completed the Identity
Verification Procedures unless and until you complete them again.
6.1 Once your application for Membership is accepted by Company, you
become a Member of Boss Lotteries.
6.2 Throughout the life of your Membership, and each and every time
you make an offer to Purchase, you warrant that you remain eligible
for Membership (as determined under clause 3). We rely upon this
warranty when considering your offer to Purchase and in all our
interactions with you. You acknowledge that without this warranty from
you, we would not consider nor accept any offer to Purchase made by
you.
6.3 You must ensure that you:
(a) keep the information stored in your Account up-to-date and
accurate, reflective of your circumstances as they may change over the
life of your Membership (e.g. your Account must reflect your current
State or Territory and address of residence);
(b) keep the credentials used to access your Account secret and secure
and do not share them with any other person or third party;
(c) only offer to make Purchases on your own behalf, and not on behalf
of any other person or third party, nor permit any other person to do
so on your behalf (except as otherwise expressly provided by these
Terms and Conditions);
(d) comply with the Customer Behaviour Standards in all communications
and correspondence with us; and
(e) otherwise act in full compliance with these Terms and Conditions
as they relate to your dealings with us from time to time.
6.4 At any time, using the functionality provided on the Boss
Lotteries Channels or by contacting us through our Customer Support
channels, you may elect to end your Membership and close your Account.
Should you elect to end your Membership and close your Account, these
Terms and Conditions provide the way in which we shall process your
election and Account closure.
7.1 The outcome or result of Tickets purchased by you in a Lottery,
and the entitlement (if any) of such Tickets to a Prize, will be
determined in accordance with:
(a) the Lottery Game Rules for the Lottery in which the Ticket was
purchased; and
(b) these Terms and Conditions.
7.2 The Lottery Game Rules that are applicable to each Lottery Product
are as listed on the Boss Lotteries Channels. They are also listed on
the website of the Lottery Supplier.
7.3 For the avoidance of doubt, the Lottery Game Rules are the
responsibility of the Lottery Supplier. The conduct of the Lottery
including the determination of entrant eligibility and prize
entitlements is in the sole and exclusive control of the Lottery
Supplier and we do not, and cannot, influence the Lottery Supplier’s
conduct of the Lottery.
7.4 In the event that a difference exists between the Lottery Game
Rules displayed on the Boss Lotteries Channels and the Lottery
Supplier’s website (as applicable), then the Lottery Game Rules listed
on the Lottery Supplier’s website shall take precedence.
8.1 Boss Lotteries offers a number of Lottery Products for sale to its
Members. You may visit the Boss Lotteries Channels at any time to view
the Lottery Products currently available for sale.
8.2 Each Lottery Product displayed on the Boss Lotteries Channels is
an invitation to treat in response to which you, as a Member, may make
offers to Purchase. You may make offers to Purchase any Lottery
Product by utilising the Boss Lotteries Channels.
8.3 Each time you make an offer to Purchase, you acknowledge you are
making an offer which is made in New South Wales and our subsequent
acceptance (if applicable) of the offer is subject to you providing
the warranties required under clause 6 and you authorise us (if we
accept your offer to Purchase) to debit your Account (or a nominated
payment method linked to your Account) for the cost of the Lottery
Products selected.
8.4 We do not guarantee that we will accept or fulfil any offers to
Purchase made by you and may refuse to do so in our sole and absolute
discretion without providing you reasons.
8.5 You must ensure that you make an offer to Purchase with sufficient
time prior to the close time for the draw of the particular Lottery
for us and the Lottery Supplier to consider and (if applicable) accept
and process your offer and issue you Tickets. The relevant close time
for the draw shall be listed in the Lottery Game Rules. We accept no
liability whatsoever in relation to any offers to Purchase that are
unfulfilled as at the close time for the draw and any such offers to
Purchase shall be deemed to have been rejected and no Tickets
assigned.
8.6 If any of the Boss Lotteries Channels, your computer system, the
computer system of the Lottery Supplier or any other technology
systems involved in the Purchase process experience any form of
malfunction or interruption during the Purchase process and we are
unable (as part of its data recovery measures) to recover or verify
the status of the Purchase, then the Purchase shall be considered
rejected and deemed void.
8.7 If, on receipt of an offer to Purchase, we are unable to fulfil
the offer with the Lottery Supplier, then the offer to Purchase will
be considered rejected and a full refund (if applicable) will be made
to your Account as soon as reasonably practicable.
8.8 An email confirmation of your offer to Purchase a Lottery Product
is not confirmation of your offer’s acceptance nor any confirmation or
guarantee that a Ticket will be issued to you.
8.9 Your offer to Purchase shall not be deemed to be accepted by us
unless and until we and the Lottery Supplier process the offer and
issue a Ticket to you, as identified in your Account.
8.10 Offers to Purchase can only be made via Boss Lotteries Channels
and not by any other means. Without limitation, no offer to Purchase
can be made by telephone, email or postal mail.
8.11 You, as a Member, are prohibited from offering to purchase
Tickets on behalf of others, or reselling Tickets to any other person.
9.1 From time to time, TLC Lottery Products may be advertised on Boss
Lotteries. You may access and view the TLC Lottery Products made
available on Boss Lotteries by accessing the Boss Lotteries Channels.
9.2 When you make an Offer to Purchase a TLC Lottery Product through
the Boss Lotteries Channels, you are making an offer to purchase from
us as an authorised reseller of the respective TLC entity operating
the respective Lottery. You are not making an offer to purchase from
TLC directly.
9.3 Boss Lotteries is a premium service, providing dedicated Customer
Support and a heightened player experience. Accordingly, we charge a
premium on TLC Lottery Products. Information about the current premium
we charge in relation to TLC Lottery Products is available at:
9.4 We are not authorised to resell TLC Lottery Products to persons
who are resident in Queensland. If you are a resident of Queensland,
you are prohibited from offering to Purchase TLC Lottery Products from
us. In the event that you do not identify your address as Queensland
(as required by your Membership Obligations under clause 6) and a
Ticket for a TLC Lottery Product is issued to you, the Ticket and the
Prize (if any) won by the Ticket may be considered void and you shall
have no entitlement to the Ticket or Prize
10.1 Your ability to use AutoPlay is subject to jurisdiction-specific
requirements contained in Codes of Practice. Accordingly, your Account
will not have the AutoPlay functionality enabled unless and until you
have met such requirements to our satisfaction.
10.2 If the AutoPlay functionality is enabled in your Account, you may
elect to set up an AutoPlay. By using the AutoPlay functionality, you
are authorising us in advance to debit the available funds in your r
Account and/or the alternative payment method linked to your Account
for the cost of the Tickets. Your AutoPlay will be fulfilled in the
following way:
(a) by using any available funds already deposited into your Account;
or
(b) where the costs of the Ticket exceed the balance of your Account,
by debiting the alternative payment method/s nominated and stored in
your Account for the balance of the Purchase amount; or
(c) where there are no funds available in your Account, or you have
opted not to use available account funds, by debiting the alternative
payment method/s nominated and stored in your Account for the full
value of the Purchase.
10.3 Once set up, an AutoPlay continues indefinitely unless the
AutoPlay is revoked by you. Each time your AutoPlay renews, you are
re-authorising us to charge you the cost of the Ticket/s under clause
10.2. You may view, modify and pause your active AutoPlays (if any)
through your Account.
10.4 If you elect to create a Subscription, you are authorising us in
advance to debit the available funds in your Account and/or the
alternative payment method linked to your Account for the cost of the
Subscription. Your Subscription will be fulfilled in the following
way:
(a) by using any available funds already deposited into your Account;
or
(b) where the cost of the Subscription exceeds the balance of your
Account, by debiting the alternative payment method/s nominated and
stored in your Account for the balance of the Subscription amount; or
(c) where there are no funds available in your Account, or you have
opted not to use available account funds, by debiting the alternative
payment method/s nominated and stored in your Account for the full
value of the Subscription.
10.5 Once set up, your Subscription continues indefinitely unless it
is revoked by you. On the monthly anniversary of the creation of your
Subscription, you are re-authorising us to charge you the cost of the
Subscription under clause 10.4. You may view your Subscription through
your Account and modify by contacting Boss Lotteries Customer Service.
10.6 You acknowledge that:
(a) where we are unable to complete the Purchase of a Ticket in your
Autoplay as per clause 10.2, we will not purchase a Ticket in the
nominated Lottery; or
(b) where we are unable to complete the Purchase of a Subscription as
per clause 10.4, you will no longer receive the benefits of, or access
to products or services otherwise afforded to, a Member who maintains
a Subscription until such time as you add funds into your Account, or
ensure that your alternative payment method has sufficient funds, to
complete a Purchase; and
(c) where we are unable to complete a Purchase for reasons covered in
clauses 8.4 to 8.6, we will refund any debited funds in accordance
with clause 8.7.
11.1 From time to time in our discretion, and subject to the Lottery
Game Rules, we may elect to make Syndicates available on individual
Lottery Products.
11.2 If made available on the Boss Lotteries Channels, you may offer
to Purchase a Syndicate Share. Any offer to Purchase a Syndicate Share
shall remain subject to these Terms (in particular clause 8).
11.3 Additionally, with respect to Syndicates only, you acknowledge
that:
(a) The Lottery Game Rules determine how Syndicates may be formed,
submitted and scored;
(b) By offering to Purchase a Syndicate Share, you confirm you have
read and understand the operation of the Syndicate under the
applicable Lottery Game Rules.
12.1 In this clause 12:
Lotto Party means the social syndicate functionality nominated as
“Lotto Party” made available on the Boss Lotteries Channels from time
to time.
Lotto Party Share means an individual share of a Lotto Party.
12.2 We may, on selected Lottery Products and at times determined by
us in our sole discretion, make Lotto Party available to you.
12.3 If made available under clause 12.2, a Lotto Party may be created
by a Member using the functionality and subject to the defined
parameters provided by the Boss Lotteries Channels.
12.4 Once a Lotto Party has been created under clause 12.3, you may as
part of an offer to Purchase made under these Terms, elect to offer to
purchase a Lotto Party Share.
12.5 With respect to Lotto Party Tickets specifically, you acknowledge
that (in addition to the provisions of clause 8 and these Terms and
Conditions):
(a) An offer to Purchase a Lotto Party Share is not accepted unless
and until a corresponding Ticket has been issued to you under clause
8.9;
(b) All Lotto Parties are live sessions, capable of making further
offers to Purchase Lotto Party Shares until the earlier of one of the
following events occurs:
(i) the pre-configured system maximum (determined by us in our sole
discretion) for offers to Purchase Lotto Party Shares is reached; or
(ii) the pre-configured system purchase time (determined by us in our
sole discretion) for Lotto Party sessions is reached.
(c) A Lotto Party session and the corresponding offers to Purchase
Lotto Party Shares will not be submitted for consideration to the
Lottery Supplier unless and until one of the aforementioned events
occurs;
(d) Unless and until a Lotto Party session has been submitted to,
accepted and fulfilled by the Lottery Supplier, you shall have no
entitlement to a Ticket, Prize or to participate in the relevant
Lottery;
(e) In the event that you have made an offer to Purchase a Lotto Party
Share that is not fulfilled under clause 12.5(d) and no Ticket has
been issued to you, you shall be refunded the full amount of your
offer to Purchase.
12.6 From time to time and determined in our sole discretion, we may
re-design or reconfigure Lotto Party or remove the Lotto Party
functionality in whole or in part. We do not provide any
representation or warranty that Lotto Party shall be available for any
minimum period or with respect to any specific Lottery Products.
13.1 In the event that you Purchase a Ticket that, following the draw
of the respective Lottery, entitles you to a Prize:
(a) Company and/or the Lottery Supplier shall verify the Ticket’s
entitlement to a Prize by reference to the records of the Lottery;
(b) Company and/or the Lottery Supplier shall verify your entitlement to
receive the Prize under these Terms and Conditions and the Lottery
Game Rules;
(c) Company and/or the Lottery Supplier shall not disburse or provide any
part of any Prize unless and until Company is satisfied in its sole
discretion (acting reasonably) that your Ticket and your Membership
are valid and that you are otherwise lawfully and contractually
entitled to receive the Prize;
(d) In the event that, notwithstanding you possess a Ticket, Company forms
the view (acting reasonably) that you are not entitled to receive a
Prize because of:(i) a breach of these Terms and Conditions;
(ii) a breach of the relevant Lottery Game Rules; or
(iii) the occurrence of any other relevant material circumstance
including but not limited to fraudulent activity, account take-overs
or similar,
we shall void and/or cancel your Ticket and shall notify you of that
action.
(e) In the event that due to operation of the relevant Lottery Game
Rules we are unable to void and/or cancel your Ticket, any Prize
entitlement that may arise in relation to the Ticket shall be
forfeited, the proceeds confiscated and dealt with by us in accordance
with applicable regulation.
13.2 Following Company and the Lottery Supplier’s satisfaction of your
entitlement to receive a Prize, the Prize shall be deposited directly
into your Account.
Notwithstanding a Prize may appear or be visible in your Account, your
withdrawal of a Prize shall remain at all times subject to these Terms
and Conditions relating to withdrawals, including without limitation
the:
(a) Identity Verification Procedures;
(b) Major Prize Withdrawal Process; and
(c) TLC Division 1 Prize process in clause 14 (as applicable).
13.3 The deposit of Prizes by us under clause 13.2 may be interrupted
or delayed by weekends and/or public holidays. We shall use reasonable
endeavours to ensure prompt deposit of Prizes however will accept no
liability for any delay incurred whether outside our control or not.
13.4 Prizes may be withdrawn by complying with the process outlined in
clause 16.
14.1 In the event that you have Purchased a Ticket in a TLC Lottery
Product that (in accordance with the Lottery Game Rules) entitles you
to a Division 1 Prize, the following process applies:
(a) we shall provide such information to TLC as is necessary to verify
your Ticket and any associated Prize entitlement against the Lottery
Game Rules;
(b) TLC may conduct a Division 1 Prize verification process to verify,
to TLC’s satisfaction, your Ticket and any associated Prize
entitlement. You shall be required to provide all reasonable
assistance to TLC that TLC considers necessary to verify your Ticket
and Prize entitlement under this clause;
(c) Following TLC being satisfied of your entitlement to receive a
Division 1 Prize, TLC and/or we will disburse the Prize to you.
14.2 The assessment by TLC of a Ticket’s entitlement, if any, to a
Prize (including a Division 1 Prize) is entirely outside of our
control. Any dispute arising out of TLC’s
assessment of a Ticket’s eligibility to receive a Prize must be raised
with TLC directly in accordance with the relevant Lottery Game Rules.
14.3 While we shall direct you to the appropriate TLC verification
processes and claim forms (if required), the assessment, progression
and resolution of your Division 1
Prize entitlements shall be determined solely between TLC and you.
Other than providing the information required under clause 14.1(a), we
shall not provide any assistance to you in communicating with TLC. It
is your sole obligation to complete the TLC Division 1 Prize
verification process to TLC’s satisfaction
15.1 From time to time, the Boss Lotteries Channels may advertise
Tickets in a Lottery that has advertised as its Prize a physical good
(for example, a vehicle, a boat or a house/land package). The
provisions of this clause 15 apply to Prizes that are physical goods.
15.2 In the event that you purchase a Ticket that entitles you to a
Prize, you are obliged to provide all reasonable cooperation to us
and/or the Lottery Supplier, as requested in the circumstances, to
enable the Lottery Supplier to provide you with the Prize.
15.3 You acknowledge that due to the nature of a physical Prize, we
and/or the Lottery Supplier cannot provide you with the Prize without
your cooperation and you agree to act in good faith in your dealings
with us and/or the Lottery Supplier. Subject to the Lottery Game
Rules, you absolve us and the Lottery Supplier from any and all
liability arising out of delay incurred in the delivery of the Prize.
15.4 Unless otherwise provided by the Lottery Game Rules, the risk and
title in the Prize shall vest in you immediately on confirmation of
delivery by the Lottery Supplier (or such other third party as may be
engaged by the Lottery Supplier to effect the delivery or transfer of
the Prize). Until delivery has been effected, risk in the Prize
remains with the Lottery Supplier. Following delivery, you acknowledge
that your use of the Prize (if any) shall be outside the control of us
and/or the Lottery Supplier and shall be at your sole and complete
risk. On accepting delivery, you thereby absolve us and/or the Lottery
Supplier from any liability (howsoever arising) in relation to your
use or exploitation of the Prize.
15.5 In relation to physical Prizes, as between you, us and the
Lottery Supplier, you further agree and acknowledge that if you are
entitled to a Prize:
(a) the Lottery Supplier, as the entity conducting the Lottery, is the
party responsible for providing you with the physical Prize;
(b) while we may assist you and the Lottery Supplier arrange and
effect delivery of a Prize, we are under no obligation to do so and
shall in no way be held liable or responsible for any act or omission
of the Lottery Supplier or you, nor any other intervening act or third
party, that may occur in the course of you claiming and receiving your
Prize.
DEPOSITS
16.1 When your Membership is activated, you may deposit funds into
your Account using any of the payment methods we make available to you
from time to time.
16.2 Your deposit of funds shall be subject to the terms and
conditions, timeframes, fees and charges (if any) applicable to the
relevant payment method you elect to use. These terms and conditions,
timeframes, fees and charges are outside of our control, are your sole
responsibility, and you hereby absolve us of any liability or
obligation with respect to the same.
16.3 Following the processing of your deposit by the payment method
you elected to use, your Account will be updated by us to display your
available funds. A deposit of funds shall only be completed when your
Account balance is updated to reflect the available funds.
16.4 We may, in our sole discretion and election, impose financial
limits and/or system restrictions on your ability to deposit funds
into your Account.
16.5 While we use reasonable endeavours to ensure your Account balance
remains accurate at all times, it is your ongoing responsibility to
monitor your Account
balance for discrepancies. If you identify any discrepancies in your
Account balance, you should contact Customer Support immediately. You
may check your Account balance at any time by accessing your Account.
16.6 You may use available funds in your Account balance to make
offers to Purchase pursuant to these Terms and Conditions.
16.7 In the event that any funds are credited to your Account balance
in error, you shall have no rights in relation to those funds and are
obliged to notify us of the error as soon as possible. Any offers to
Purchase made and/or processed utilising the erroneously credited
funds shall, unless we advise otherwise, be considered void. We may at
any time and without notice to you adjust the balance of your Account
to rectify any erroneous credits or debits.
16.8 If you elect to deposit funds in your Account using any of the
payment methods made available to you, a five dollar ($5) minimum
deposit value will apply. You may elect to deposit any amount over the
minimum deposit value. Offers to Purchase may be made for goods or
services on the Boss Lotteries Channels at their value and not subject
to any system minimums.
WITHDRAWALS
16.9 Subject to the technical availability of the Boss Lotteries
Channels and a supported payment processing method being utilised, you
may elect to withdraw any available Account balance at any time under
this clause 16.
16.10 Withdrawal of funds held in your Account is subject to the
Identity Verification Procedures. No Member shall be capable of
withdrawing any funds, including Prizes (where applicable), unless and
until they have complied with the Identity Verification Procedures,
the relevant Lottery Game Rules and these Terms and Conditions to our
full and complete satisfaction.
16.11 In addition to clause 16.10, in the event that you seek to
withdraw a Prize that is greater than twenty thousand dollars
($20,000), our Major Prize Withdrawal Process shall apply. You will be
required to assist us to complete our Major Prize Withdrawal Process
before we shall give effect to your withdrawal request.
16.12 If you breach any provision of these Terms and Conditions or you
have, in our reasonable opinion, provided incorrect, fraudulent or
false information, or you do not comply with the Identity Verification
Procedures, you shall be prevented from withdrawing any funds from
your Account, unless and until your breach or non-compliance has been
rectified to our sole reasonable satisfaction.
16.13 We may make payment of funds to you by any of the methods
accessible through your Account that you elect to use. You are solely
responsible and liable for any fees and/or charges applicable to the
payment method you elect to use for any withdrawals and absolve us
entirely of any loss or delay incurred by you as a result of the
payment method selected.
16.14 Immediately following the withdrawal of funds from your Account,
we shall have no further liability to you with respect to the funds
withdrawn.
PAYMENT TRANSACTION COSTS
16.15 You agree to indemnify us entirely with respect to any loss,
damage, fees, charges, levies, taxes or penalties we may incur or be
exposed to arising out of any deposit or withdrawal of funds you make
as part of your Membership, including recovery of our reasonable time
and labour costs actioning, responding to or otherwise resolving your
deposit or withdrawal of funds . In the event we incur such loss or
damage, you authorise us to debit your Account for the value of the
loss or damage incurred.
FOREIGN CURRENCIES AND INTERNATIONAL TRANSACTIONS
16.16 In addition to clause 16.15, you further acknowledge that you
are solely responsible and liable for any costs, exchange rate
fluctuations, conversion charges or other fees applicable to your
withdrawal of funds into a foreign currency or account. The foreign
exchange rate applicable to your request to withdraw shall be that
applied by the financial institution utilised by us at the time your
withdrawal request is processed.
MAINTENANCE OF ACCOUNTS
16.17 Any funds deposited into your Account are held in one or more of
our general accounts. You consent to those funds being (at our sole
discretion and exclusive risk) invested in markets or stored in
accounts we choose. No interest shall be payable by us to you on any
funds deposited into your Account.
CREDIT PROHIBITION
16.18 As required by law and in furtherance of our commitment to
responsible gambling, no credit may be used to make an offer to
Purchase or otherwise applied to your Account.
16.19 It is your sole responsibility to ensure that you have
sufficient cleared funds available in your Account or via your chosen
payment method to cover the costs (including any applicable fees,
levies, charges, taxes or penalties) of any offer to Purchase you
make.
17.1 For the purposes of this clause:
Locked Account means an Account held by a Member that we or our Boss
Lotteries Channels and/or system has locked;
Inactive Account means an Account other than a Locked Account, against
which no Purchase has been completed for a continuous period of
thirteen (13) months.
17.2 When your Account becomes an Inactive Account, we may elect to
give you notice advising you that an account maintenance fee of $5.50
per month (inclusive of GST) shall be charged against your Account if
it continues to remain an Inactive Account for a further month from
the date of the notice.
17.3 Following the provision of the notice under clause 17.2, we may
charge the account maintenance fee against your Account. For the
avoidance of doubt the account maintenance fee shall be charged
against the available balance in your Account only and shall not be
charged to any payment method linked to your Account. If your Account
balance is less than the account maintenance fee to be charged in a
particular month, we shall only charge the account maintenance fee
against your Account balance. When your available Account balance
reaches zero, we shall cease charging you the account maintenance fee.
18.1 We retain the right to suspend and/or close your Account at any
time without notice and without giving you any reason. We shall act in
good faith when exercising the discretion under this clause.
18.2 If we form the view that you, as a Member:
(a) have breached any of these Terms and Conditions, including the
Customer Behaviour Standards;
(b) have breached any applicable Lottery Game Rules; or
(c) pose an unacceptable fraud, Sanctions, PEP or other similar risk,
then we may suspend and/or close your Account at any time and may
retain funds held in your Account until such time as we are satisfied
that no breach has occurred or risk continues to exist that justifies
the retention.
18.3 In addition to clause 18.2, in the event that we form the view
you, as Member, have breached the Customer Behaviour Standards, we
reserve the right in our sole discretion to:
(a) immediately terminate any telephone or live-chat conversation then
in progress with you;
(b) elect to communicate with you solely in writing for all future
correspondence; and
(c) refrain from engaging in any verbal or real-time communication
with you unless and until we can be satisfied, in our sole discretion,
that you will not repeat a breach of the Customer Behaviour Standards.
18.4 Subject to clause 18.2, if your Account is closed for any reason
and you have completed our Identity Verification Procedures:
(a) we shall remit to you (upon receipt of written request and subject
to you providing valid payment method details) the balance (if any) of
funds held in your Account at the time of closure, less any costs,
fees and/or charges that we may incur as a result of processing the
remittance;
(b) we shall take such steps as are necessary to deactivate your
Membership and Account in our systems, including invalidating your
Account credentials.
18.5 If your Account is closed for any reason and you have not
completed our Identity Verification Procedures:
(a) we shall withhold remittance of the balance (if any) of funds held
in your Account at the time of closure until such time as you have
completed the Identity Verification Procedures and provided us with a
valid payment method. Following your completion of the Identity
Verification Procedures, you may seek to withdraw the balance of funds
held in your Account under clause 16;
(b) we shall take such steps as are necessary to deactivate your
Membership and Account in our systems, including invalidating your
Account credentials.
18.6 In the event that your Account is closed for any reason at a time
when you have or hold Tickets in a Lottery which has not yet been
drawn, unless otherwise provided by these Terms and Conditions or the
Lottery Game Rules, your Ticket shall be entered into the Lottery and
your entitlement to a Prize (if any) shall be determined, and any
Prize entitlement disbursed, in the manner provided by these Terms and
Conditions.
19.1 We at Boss Lotteries are committed to facilitating the sale of
our Lottery Supplier’s products in a responsible and safe manner. We
utilise the technology inherent in our Boss Lotteries Channels’
offering to ensure that our Boss Lotteries business delivers a fun,
safe and industry-leading play experience while remaining vigilant of
responsible gambling considerations.
19.2 In addition to the Knowledge Base, we have the following tools
available for you to use at your election:
19.2.1 Self-Assessment Tools: We provide links to third party
self-assessment tools, such as those provided by Gambling Help Online,
to allow you to assess your play habits.
19.2.2 Spend Limits: You may set up a spend limit on your Account to
restrict your daily, weekly or monthly ability to purchase Tickets.
Spend Limits may be set-up and managed through your Account dashboard.
If you require assistance setting up, understanding or revoking a
spend limit, please contact Customer Support. Spend Limits may be
subject to jurisdiction-specific conditions and/or requirements.
19.2.3 Self-Exclusion: You may elect to suspend your ability to make
offers to Purchase through Boss Lotteries at any time in your sole
discretion. If you request self-exclusion you acknowledge that:
(a) Self-exclusion lasts for a minimum period of twelve (12) months
from the date on which the exclusion is implemented. When imposed,
there is no ability to revoke an exclusion before the twelve (12)
month period has elapsed.
(b) If you have any unplayed Tickets at the time the exclusion is
imposed, where the unplayed Ticket is capable of being cancelled, we
will cancel each of your Tickets and shall refund the price paid to
your Account balance.
(c) We shall follow our internal self-exclusion process, as part of
which we shall assist you in withdrawing any balance in your Account.
Any withdrawal shall remain subject to these Terms and Conditions (for
example, the Identity Verification Procedures and clause 16).
19.2.4 The Knowledge Base and the third-party tools referenced above
and provided by Boss Lotteries are done so to provide information
only, free of any representation or warranty from us as to their
content, fitness for purpose or usability.
19.3 Codes of Conduct: As part of our relationship with TLC, and
accordingly in our dealings with you as a Customer of TLC Lottery
Products (where applicable), we maintain strict compliance with Codes
of Conduct governing each Australian jurisdiction and maintained by
TLC.
19.4 Complaints Handling Charter: We are committed to high standards
of customer service and satisfaction and take your feedback seriously.
If in the course of your dealings with us you raise a complaint with
respect to our conduct, we shall consider and act upon your complaint
in accordance with our Complaints Handling Charter.
20.1 Company is committed to the responsible collection and use of personal information consistent with the principles of the Privacy Act 1988 (Cth). In all of your dealings with us, your personal information shall be dealt with in accordance with the Boss Lotteries Privacy Policy which is available
21.1 We own or are licensed to use the intellectual property inherent
and subsisting in all of the content displayed on the Boss Lotteries
Channels, including but not limited to copyright, patents, designs and
trademarks, whether protectable by legislation, at common law or in
equity, and whether registered, registrable or otherwise. With respect
to the intellectual property inherent and subsisting in particular
Lottery Products, we are licensed by the respective Lottery Supplier
to use their owned intellectual property on the Boss Lotteries
Channels.
21.2 You are permitted to use the intellectual property of us and any
Lottery Supplier as displayed on the Boss Lotteries Channels only
insofar as is strictly necessary to navigate the Boss Lotteries
Channels to utilise your Membership and/or to make offers to Purchase
and otherwise for your own personal and private use.
21.3 You are prohibited from taking any action alone or in combination
with others that exceeds the scope of the use rights conferred upon
you or in any way could be considered by us to threaten or infringe
upon any intellectual property displayed upon the Boss Lotteries
Channels. You may not reproduce, distribute, disseminate, decompile,
reproduce, reverse engineer, modify, adapt, develop, interfere with,
create derivative works from or in any way commercially exploit the
intellectual property in any circumstance.
22.1 The Boss Lotteries Channels Terms of Use form part of and are actionable and enforceable under these Terms and Conditions
23.1 Our obligations to you are limited to those explicitly stated in
these Terms and Conditions. Our liability to you shall be limited in
all circumstances to matters arising out of a breach by us of these
Terms and Conditions.
23.2 We make no representations or warranties (as to fitness for
purpose or otherwise) other than those expressly set out in these
Terms and Conditions, whether with respect to Boss Lotteries, the Boss
Lotteries Channels, a Lottery Product or Lottery Supplier.
23.3 Nothing in these Terms and Conditions restricts or limits any
rights that may be available to you under law (including the consumer
guarantees under the Australian Consumer Law) that we cannot lawfully
restrict or limit, or where liability arises from our criminal or
wilful misconduct. In all other respects these Terms and Conditions
are to be read to exclude consumer guarantees not replicated in
writing.
23.4 In no circumstance shall we be liable to you for any indirect or
consequential loss however caused or arising, including but not
limited to: loss of chance, expectation, profits or opportunity;
damage to reputation or goodwill; or any tax or financial
consequences.
23.5 To the extent permitted by law, you agree to indemnify us, the
Jumbo Group and its employees, officers, agents for any loss arising
out of or attributable to:
(a) your breach of these Terms and Conditions;
(b) your breach of any applicable Lottery Game Rules; and/or
(c) any fraudulent and/or criminal conduct on your part alone or in
combination with others.
24.1 We may vary these Terms and Conditions in the following ways:
(a) If we reasonably consider that an intended variation shall have no
or immaterial detrimental effect to you – we may vary the Terms and
Conditions immediately by publishing the varied Terms and Conditions
on the Boss Lotteries Channels;
(b) Otherwise, we shall notify you either:
(i) by a notice accessible or visible to you when you access your
Account, identifying the intended date of variation to the Terms and
Conditions; or
(ii) by mail (whether physical or electronic) to an address (whether
residential, email or otherwise) provided by you to us identifying the
intended date of variation to the Terms and Conditions.
24.2 If you consider that any variation to the Terms and Conditions is
unacceptable to you, you may elect to close your Account and your
Account and the balance of funds (if any) therein shall be dealt with
pursuant to the then-applicable Terms and Conditions.
24.3 If you do not elect to close your Account under clause 24.2, you
shall be deemed to have accepted the Terms and Conditions as varied
and your continued use of the Boss Lotteries Channels, Membership,
Account and any offers to Purchase you may make shall be subject to
the varied Terms and Conditions.
24.4 This Agreement shall be governed by and construed in accordance
with the laws applying in the New South Wales. The Parties agree to
submit to the non-exclusive jurisdiction of the courts of New South
Wales.
24.5 As far as possible all provisions of these Terms and Conditions
must be construed so as not to be invalid, illegal or unenforceable.
If anything in these Terms and Conditions is unenforceable, illegal or
void then it is severed, and the rest of the Terms and Conditions
remain in force. If any provision of this Agreement cannot be read
down, that provision will be void and severable and the remaining
provisions of the Agreement will not be affected.
24.6 Any notice that is required or permitted to be given under these
Terms and Conditions may be delivered in the following manner:
(a) For notices we send to you – by way of telephone, mail, email or
any other form of communication available using the contact details
stored against your Account;
(b) For notices you send to us – by email to Boss Lotteries Support on
[email protected] or by writing via any other designated
Customer Support contact channel accessible via the Website.
24.7 Any delay or failure on the part of either Party in exercising or
relying upon any of its rights in or under this Agreement shall not
constitute a waiver of such rights, save where the delay renders the
exercise of the right impossible. A waiver given under these Terms and
Conditions is only effective if it is freely given by the Party in
writing. No waiver by either Party of any of its rights under these
Terms and Conditions shall constitute a waiver of rights on any
subsequent occasion.
24.8 Company may assign the rights and obligations under these Terms and
Conditions to any other member of the Jumbo Group at any time in its
sole discretion. If such assignment is effected, and you do not wish
to continue to hold an Account, you may elect to close your Account
under clause 6.4 and shall, subject to these Terms and Conditions, be
entitled to receive any money (whether Prize or deposited into your
Account) owed to you at the time you close your Account.
24.9 You acknowledge that Membership is personal to you and
accordingly you are not permitted to assign your rights or obligations
under these Terms and Conditions under any circumstances.
25.1 In these terms and conditions:
(a) headings are used for convenience only and do not form part of the
terms and conditions;(b) a reference to “you” includes you as an
individual (whether a Member or prospective Member), your estate and
any authority appointed at law;
(c) words in the singular
include the plural and vice versa;(d) any reference to legislation or
applicable laws includes said legislation or laws as may be amended,
repealed or replaced from time to time;(e) the term “includes” is not
a word of limitation;(f) any reference to “$” or “dollar/s” refers to
Australian currency;
Account means your Boss Lotteries account, accessible via your user
credentials, that is created by us following your application for
Membership under clause 4. Your Account is accessible via the login
page of Boss Lotteries My Account or the Boss Lotteries mobile
application;
Australian Consumer Law means Schedule 2 of the Competition and
Consumer Act 2010 (Cth);
AUSTRAC means the Australian Transaction Reports and Analysis Centre;
Authorised Representative means a person who is authorised by
applicable law, whether under Power of Attorney,
Guardianship or
other order, to act on your behalf and discharge your obligations in
the case of your inability to do so;
AutoPlay means a standing offer to Purchase a Ticket made by you to us
pertaining to the current and future draws of a specific Lottery
Product, which continues automatically until cancelled by you.
Charity Lottery means a Lottery Product, offered by a Charity Partner,
in which we offer for sale entries to Members;
Charity Partner means an Australian charitable or not-for-profit
organisation registered on the ACNC Charity Register;
Codes of Conduct has the meaning prescribed by clause 19.4;
Codes of Practice means the jurisdiction-specific requirements
governing the offer and operation of Lottery Products.
Customer Support means the Boss Lotteries customer support service,
contactable through the Boss Lotteries Channels or by the methods
outlined below:
Phone: 1300 188 911Email: [email protected]
Customer Behaviour Standards means the following minimum expected
standards of behaviour:
You, as Member, must not engage in any form of behaviour that is
abusive or aggressive in any manner, including but not limited to:
(a) Any form of abuse, harassment, vilification or bullying that is
discriminatory or offensive on any ground whatsoever including but not
limited to grounds of race, sex, gender identity, age, disability or
impairment, sexuality or any other attribute protected under
Australian law;(b) Rude or vulgar or otherwise offensive or aggressive
expressions, noises and/or gestures;(c) Any other verbal abuse
irrespective of to whom it is directed;(d) Any threatened or actual
physical violence whether against person(s) or property.
Identity Verification Procedures means the set of procedures Boss
Lotteries requires Members to complete in order to verify their
identity, age and location of residence as required by applicable laws
and regulations. The Identity Verification Procedures may include at
our discretion Sanctions and PEP screening checks and the Major Prize
Withdrawal Process.
Jumbo Group means Jumbo Interactive Limited (ABN 66 009 189 128) and
its subsidiaries including but not limited to Company, the corporate
entity that operates Boss Lotteries;
Knowledge Base is defined in clause 19.2;
Lottery means a lottery game into which we sell Tickets on Boss
Lotteries;
Lottery Game Rules means the set of rules published by the relevant
Lottery Supplier and approved by the relevant
regulatory bodies
which dictate the way in which the relevant Lottery shall operate;
Lottery Products means the collection of individual Lotteries that are
advertised for sale on Boss Lotteries from time to time;
Lottery Supplier means the providers of licensed Lottery Products from
which Boss Lotteries purchases Tickets on behalf of Members;
Major Prize Withdrawal Process means a set of heightened Identity
Verification Procedures (including Sanctions and PEP screening checks)
that Boss Lotteries requires Members to complete under clause 16.11;
Member means an individual who has completed the registration
procedure and become a Member of Boss Lotteries under clause 4.4;
Membership means the collection of rights and obligations personal to
you that is may be afforded to you under clause 4.4;
Boss Lotteries means the Boss Lotteries Channels and associated
business conducted via the Boss Lotteries Channels by Company;
Boss Lotteries Channels means the www.boss-lottery.com website, any
associated sub-domains, and any Boss Lotteries mobile applications;
PEP means a politically exposed person as defined by AUSTRAC, and PEP
screening check means our assessment of your PEP status;
Purchase means the purchase of a Ticket/s into a Lottery Product or a
Subscription by you, as a Member, using the Boss Lotteries Channels;
Registration Page means the My Account registration page on the
applicable Boss Lotteries Channel (including www.boss-lottery.com or
the My Account screen on the Boss Lotteries mobile application) at
which the application forms that individuals must complete to register
to become a Member are available.
Restricted Country means any of the countries in which we do not offer
Boss Lotteries.
Sanctions means our assessment of the impact of Australian government
sanctions (whether imposed on you as an individual or on your
country/domicile of residence) on our ability to provide you our
services;
Subscription means a recurring payment made by you, as a Member, for
ongoing access to services either offered by Company or by an approved
third party.
Ticket means an entry into a Lottery;
TLC Lottery Product means a Lottery Product that is owned and offered
for sale by The Lottery Corporation Limited. We are an authorised
re-seller of NSW Lotteries, Tatts and SA Lotteries, collectively
referred to as TLC Lottery Products; and Company means Australia Group Limited.
Last Updated: 28 October 2024
