TERMS OF USE
Version Number: 02
Version Date: 02.09.22
1. Introduction: We are LOTCHA Limited please read Company Background on the LOTCHA Website We have tried to make the terms and conditions user-friendly please read them carefully. They’re available in English only
2. Definitions and Meaning of these Terms:
2.1: These Terms of Use (these “Terms”) provide the general terms and conditions that govern the overall use by the participant (the User) of:
a – the LOTCHA website online at www.LOTCHA.com (the “Website”)
b – any applications accessed via the Website (the “Software”),
c – any LOTCHA associated social media pages, and/or
d – any User related Services offered via on or through the aforementioned interactive LOTCHA related opportunities which are collectively called the “Services”
e – a “User” or “You”- is a person or “Participant” using LOTCHA’s Online Services
f – “We”,“Our”, “Agent”or Promotor means LOTCHA or LOTCHA associated Companies
2.2: The advertised competitive prize reward draws promoted on the LOTCHA Website are also subject to additional terms and conditions. Participants (“The Users”) in any associated Competitive Prize Reward Draw are requested to carefully read all Reward Prize Event Rules and the Prize Draw Rules
3. Forming a Contract with LOTCHA:
3.1: The Users use of the Services signifies that the User accepts and agrees to all LOTCHA’s Terms and Conditions
3.2: By the User using the LOTCHA website and its’ services or downloading its’ App, the User enters a legal contract with LOTCHA Limited and is bound by all of these terms and conditions
4. Changes to the Terms and Conditions:
4.1: LOTCHA may change these terms unilaterally and at its’ sole discretion without notification and with immediate effect
4.2: The Users continued use of the Services following any revision or change of the Terms and Conditions means that the User has agreed and accepted these changes
4.3: The User is responsible for regularly checking LOTCHA’s Terms to ensure that the Users use of the Services are fully understood.
4.4: LOTCHA reserves the right to withdraw, limit or otherwise modify the Services, at LOTCHA’s sole discretion with immediate effect and without notice.
4.5: LOTCHA will not be liable if for any reason if all or any part of the Services are unavailable at any time or for any period.
5. Use of The Services:
5.1: LOTCHA reserves the right at LOTCHA’s discretion for any reason to reject any application to join our site as a User even if a contract has already been formed.
5.2: You undertake not to use, or attempt to register on, Our Platform Service if:
(a) you are below 18 years of age;
(b) access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing Our Platform Service (e.g. because the country doesn’t permit such a Service or display of or access to such material at all or because you are under the relevant age limit); or
(c) you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment, or dishonesty.
5.3: The Services are offered to Users for personal non-commercial use only and this use may not be transferred via the User to any third-party (LOTCHA may at LOTCHA’s sole discretion change or refuse to offer some of or all of the Services to any person and or modify or change at any time the eligibility to use criteria.
5.4: Any right to use the Services will be revoked where there has been a breach of these Terms or use of the LOTCHA Services
5.5: The User has sole responsibility for accessing LOTCHA Services
6. User Account Registration:
- Users will be asked to provide personal details to create a LOTCHA User account.
6.2: All information provided by the User must be accurate and correct to that User and must be kept up to date by the User in the event of changes
7. Account Security:
7.1: The User account is for the personal use of the user only and will not be used or transferred to any third party the user password must be kept confidentially to the User with any unauthorised activity immediately reported to customerservices@LOTCHA.Com
7.2: Access to the services must be protected by the User as the User is responsible for all use on the account including any unauthorized use
8. Account Termination and Right of Use:
8.1: LOTCHA has the right to prevent the Users use of any account if LOTCHA determines that the User has breached these terms or acted in a manner that may damage LOTCHA’s brand or reputation.
8.2: The User may not re-register for another LOTCHA account or use the Services again without the written permission of Lotcha in the event that an account is terminated, blocked or removed by LOTCHA
9. Privacy Policy:
9.1: Please read the Privacy Notice to understand about the information LOTCHA collects about a User and what LOTCHA use the information for and with whom LOTCHA may share the User information.
10. Permission To Use the Services and Limitations:
10.1: Whilst the User is compliant with these Terms a limited license is granted solely for the time LOTCHA permits access to and use of its’ Services to the User
10.2: The limited license is revocable and is intended to facilitate the Users personal, non-commercial use only of the Services.
10.3: The User may not transfer, sell or distribute the use of the limited license to any third party
10.4: The User will not copy or modify the Services
10.5: The license will remain in effect unless there is a breach of the Terms, or the limited license is terminated by either LOTCHA or the User.
10.6: Any use of the Services not expressly permitted by these Terms is a breach of these Terms
10.7: LOTCHA at it’s sole discretion, may at any time for any reason suspend or terminate any License to Use without prior notice.
11. Intellectual Property:
11.1: The intellectual property rights in all material used on or in connection with Our Website and Services are owned by LOTCHA. For the Users personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent or You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or content.
11.2: Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Website without our specific prior written consent.
11.3: You must not circumvent or otherwise interfere with any security related features of Our Platform Service or features that limit or prevent copying of Content or which restrict use of Content.
11.4: You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
11.5: If you upload any Content to Our Website or provide us with any ideas or suggestions for Our Services, you allow us at no cost, and forever, to use and adapt all or part of such material including video extracts up to seconds however we wish in any media formats, whether on our own Service or on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of Our Platform Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to view your Content in accordance with these terms and conditions.
11.6: In the event of any third-party claim against LOTCHA we will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
12: Acceptable Use of the LOTCHA Website Services:
12.1: You undertake not to do any of the following in connection with Our Website and its’ Services:
(a)-breach any applicable law, regulation or code of conduct;
(b)-is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
(c)-infringes any intellectual property or other rights of others;
(d)-we otherwise reasonably consider to be in-appropriate;
(e)-upload any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent;
(f)-impersonate any person or entity in order to mislead others;
(g)-upload any Content which links to any third-party websites which are unlawful or contain inappropriate Content;
(h)-sell access to Our Website or Services;
(i)-use Our Website or Services to provide a similar service to third parties or otherwise with a view to competing with us;
(j)-sell advertising, sponsorship, or promotions on or in connection with Content except insofar as specified on Our Website and Services or explicitly authorised by us;
(k)-use Our Website for junk mail, spam, pyramid or similar or fraudulent schemes;
(l)-do anything which may have the effect of disrupting Our Platform Service including denial of service attacks, worms, viruses, software bombs or mass mailings; do anything which may negatively affect other Users’ enjoyment of Our Website and Services;
(m)-gain unauthorised access to any part of Our Platform Service or equipment used to provide
12.2 Our Platform Service;
(a)-use any automated means to interact with our systems excluding public search engines; or
attempt, encourage or assist any of the above.
(b)-impersonate or misrepresent a Limited License to use the Service
(c)-engage the use of the Services in any commercial activity whatsoever
(d)-collect or store any information from the Website or Services.
(e)-use any aspect of LOTCHA’s brand, website, or User contributions to the website or other social media without the express permission of LOTCHA
You undertake to:
12.3 Comply with any rules or requirements on Our Website and Services
promptly comply with any reasonable request or instruction by us in connection with Our Website or Services and ensure that any contact or other information which you supply to us is accurate and is not misleading and you will update it so that it remains so
12.4: LOTCHA is not obligated to monitor access to or the Participants use of the Services,
12.5: LOTCHA has the right to ensure compliance with these Terms and all other legal requirements and to maintain the integrity and reputation of LOTCHA’s Services Website and Services
12.6: LOTCHA have the right to investigate any suspected breaches of these Terms or behaviour that affects its’ Services. LOTCHA may also prosecute Users who violate the law by engaging the necessary Legal and enforcing authorities
13. User Testimonials, Case Studies and or Promotional Copy:
13.1: A winning User will be required by LOTCHA to make a non-confidential and non-proprietary marketing testimonial or “contribution”. This contribution will be prepared by LOTCHA in conjunction with the Users assistance with all content being mutually agreed. The objective of the User contribution is to help, promote and support further use of the LOTCHA website and Services
13.2: The contribution maybe publicly posted or privately transmitted
13.3: Time will be of the essence for the production of the Winning Users contribution and agreement for the creation of the case study and its’ use cannot be unreasonably withheld
13.4: The User explicitly agrees to allow LOTCHA to use the contribution on a Worldwide irrevocable basis and without any financial compensation to the User. The User waives any rights moral or otherwise over the contribution and understands that the contribution or winning case study can be used at any time in part or whole in any format without notice to the User and without any further obligation.
13.5: For the avoidance of doubt no compensation will ever be paid to the Contributor
13.6: LOTCHA reserves the right to remove or refuse any User contribution for any or no reason and at LOTCHA’s sole discretion
13.7: In the event that the User believes that a copyright infringement has occurred then the User will submit by e-mail the relevant details to customerservices@lotchaservices.com and any infringing copyright content will be removed as soon as reasonably possible from any public domain
14. Supplier Products and Services:
14.1: LOTCHA makes no representations or warranties regarding any Third-Party Products or Services and takes no responsibility or liability for any whole or part of these products and services as presented in the LOTCHA Reward draws.
14.2: All third party supplied products and services are subject to the supplying entities respective terms and conditions over which LOTCHA has no control
14.3: Any recourse to the quality or use of these products and services may only be addressed with and to the relevant Supplier
15. Hyperlinks / Other Peoples’ Services / Advertising / Websites:
15.1: LOTCHA disclaims all liability regarding User access to third-party linked websites which are not under LOTCHA’s control and a User will not create any form of link to the LOTCHA website or LOTCHA’s social media platforms
15.2: LOTCHA may display other peoples’ services, advertising and / or links to other websites LOTCHA does not recommend or endorse, nor is LOTCHA legally responsible for, any of these.
15.3: The User uses them at their own risk.
16. Warranties:
16.1: All products and services are provided without warranty of any kind, either express or implied The User is responsible for verifying any and all information before relying on it. LOTCHA will bear no responsibility and does not warrant any aspect of the Users use of the services which is at the Users sole risk
17. User Breach Of These Terms: The User is responsible for compensating LOTCHA and any affiliated companies in the event of a breach of these Terms that results in losses or damages to LOTCHA or LOTCHA’s affiliated Companies
18. Liability: LOTCHA will have no obligation or liability as a result of the following on The LOTCHA Website:
18.1: Corrupt information, software omissions and errors, system and network failures, lapses in system security, unauthorised access to user accounts or data, unplanned maintenance
18.2: If we ourselves provide any guidance or other general information on Our Website or Services, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it.
18.3: Before acting on such information, you must make your own appropriate and careful enquiries including as to its’ accuracy and suitability for your purposes.
18.4: You rely on such information at your own risk.
- LOTCHA will have no obligation or liability as a result of the following on:
19.1: Affiliated or Third Party Supplier Companies:
(a) The Users use or inability to use the services or statements or conduct of any third parties on the website
(b) any other matter relating to the services the cost of procuring substitute goods, services or technology; or
(c) any indirect, incidental, consequential, or special or exemplary damages arising out of or in any way connected with access to or use by the User of the products and services
(d) The User agrees that their sole remedy for any LOTCHA breach of these terms is to cease using the LOTCHA account website and associated software.
- Functioning of LOTCHA’s Website and Services:
20.1: We do not guarantee that Our Platform Service will be uninterrupted or error-free.
20.2: We are entitled, without notice and without liability to:
(a) suspend Our Website and Services for repair, maintenance, improvement, or other technical reason and
(b) to make changes to Our Platform Service (including limitations such as usage restrictions) provided these don’t have a seriously negative effect on Our Platform Service.
21. Dispute Resolution:
21.1: All matters relating to the services and/or these terms, and any dispute or claim arising from the Users use of LOTCHA shall be governed by and construed in accordance with the Laws of England .
21.2: Notwithstanding the aforementioned the User and LOTCHA each agree to send a notice to the other party of any dispute in an effort to in good faith seek an informal resolution.
21.3: To begin this process and before initiating any arbitration proceeding, the party
seeking a resolution must send a Notice of Dispute by registered post to the other party.
21.4: Dispute Notices must be sent to LOTCHA Limited Care Of :
Kounnis and Partners,
Sterling House,
Fulbourne Road,
Walthamstow,
London
E17 4EE
United Kingdom
21.4: The Notice must describe the nature and basis of the dispute and a proposed resolution. 45 days after receipt of the Notice if there is no mutual agreement then either party may initiate arbitration proceedings.
21.5: A party who wishes to start arbitration must submit a written Demand for Arbitration to the Dispute address above and give notice to the other party as specified in the Civic Rules
21.6: Each party shall pay its’ own costs and attorneys’ fees. The User will be responsible for paying the consumer filing fee. LOTCHA will pay for all other filing, administration and arbitrator fees and expenses. If any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement.
21.7: The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded including payment terms if relevant
21.8: Each dispute brought against LOTCHA can only be by an individual (A User) and not a group of Users or a representative of a consolidated group action or proceeding
21.9: The User accepts that any class or consolidated action is waived and any dispute will be resolved on an individual basis
The outcome of any arbitration is specific to the individual disputed case and cannot be consolidated over other individuals disputes whilst each party waive their right to seek injunctive or equitable relief
21.9.1: The parties agree that the independent arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. If the parties cannot agree on a time and location for the arbitration, then the arbitrator will resolve any scheduling disputes.
21.9.2: The arbitration may be conducted via online video-conference
21.9.3: Dispute Resolution-continued
21.9.4: The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof
21.9.5: LOTCHA and the User agree that determination of the arbitration will be final and mutually binding to both parties
21.9.6: Arbitration proceedings, and its’ outcome will be treated as confidential and will not be disclosed by either party.
21,9.7: Dispute Timeframe:
Claims relating to these Terms or the Services must commence within one year of the cause of the dispute or the claim is permanently barred from further dispute
22. Notices In General: All required notices under these Terms shall be in writing and addressed to:
LOTCHA Limited C/O Kounnis and Partners, Sterling House, Fulbourne Road, Walthamstow, London E17 4EE
23. Force Majeure:
23.1: Nor LOTCHA or the User will be liable for any failure or delay in performance under these Terms for causes beyond the other parties reasonable control and not caused by either parties fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes, computer attacks or malicious acts, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures by the non-performing party
24. The Agreement: These Terms and Conditions including the Prize Rules and Prize Event Rules, constitutes the entire agreement between the User and LOTCHA Limited and LOTCHA associated Companies
25. Unlawful Provisions: If any of the provisions of these Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
