SITE USER AGREEMENT/TERMS & CONDITIONS LUCKYMALL NG
Applicable To: All customers, player and gamers (hereinafter referred to as “Users”, “You” or“Your”) agree that the Terms listed below shall govern all service engagement with Luckymall APP and Luckymall.ng Website (collectively referred to as the“Site”).
This Site User Agreement constitutes a binding agreement between the Users, BUD INFRASTRUCTURELtd (the “Company”) and LUCKY MALL App providers (LUCKYMALL.Ng being the registered trade name under which the game is being carries out) until terminated which We reserve the right to do at any time, without notice to You.
When You play the game or bid on any sale, You agree to accept, without limitation or qualification, all of the Terms and to comply with all applicable laws, statutes, ordinances and regulations regarding Your use of this Site.
In these Terms,‘We’, ‘Us’, and ‘Our’ all mean Luckymall.
“Account” means the personal identification registered and created by Users in order to access the Services.
“Parties” means both You(the User of the Service) and Luckymall.
“Relevant Age” means the ageof 18 years and above.
“Rules” means the Betting Rules specifically applicable to the relevant type of betting on the Luckymallplatform.
“Services” means the services offered for the time being by Luckymall through the Site.
“Products” means the goods and products both tangible and intangible offered for biding on the Site.
“Terms” means these Terms and Conditions or this Site User Agreement.
2. Eligibility: The Services are offered and available to Users who are 18 years of age and above. By accessing and/or using the Services, You represent and warrant that You are of legal age to form a binding contract with Company and meet all of the eligibility requirements. Our Services are available to Users and residents in Nigeria only.
2.1. If You do not meet all of these requirements, You must not access or use the Services. We may require proof of Your identity, age or eligibility at any time to use or continue to use the Services. Failure to provide evidence of identity or eligibility satisfactory, the Company, may at its sole discretion, suspension or termination User’s account and forfeiture of all funds in the account.
2.2 Luckymall reserves the right to monitor all activities on the Services, including without limitation to,any effort to establish accounts in violation of these Terms and to deny access to anyone, including, without limitation to those Users who use proxy servers and/or IP addresses residing in certain geographical areas. You must notify us immediately of any change in Your eligibility to use the Services(including any changes to or revocation of any licenses from stateauthorities). Eligibility decisions by Luckymall are final, binding and not subject to appeal.
3. Access and Use:
3.1. Access and use of any the Siteis subject to any and all specific terms and conditions set forth on any individual page within the Site and these Terms and all applicable laws and regulations in Nigeria, including but not limited to copyright and trademark laws.
3.2. You agree to use electronic communications in order to enter into contracts and waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable law.
3.3.You are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that You need to use in order to access the Services. We will not be liable in any way whatsoever for any losses caused to You (whether resulting from loss of service, poor internet connectivity,insufficient bandwidth or otherwise) by the internet or any telecommunications service provider that You have engaged in order to access the Services. For the avoidance of doubt, Luckymall does not make any representation or give any warranty as to the compatibility of the Services with any particular software or hardware.
3.4. Under no circumstances should You use the Services for any purpose which is or is likely to be considered to be defamatory,abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature,or which could cause offence. You must not use any abusive or aggressive language or images, swear, threaten, harass or abuse any other person,including other users, via the Site, or attempt to pass Yourself off as being any other person, or behave in such a manner towards any Luckymall staff, Customer Services, or support function which We make available to You.
3.5.You shall use the Site for personal entertainment only and shall not be allowed to provide access or reproduce the Site or any part of it in any form whatsoever without Our express consent, including creating links to it.
3.6. Any material (other than Software under paragraph 19)downloaded by You from the Site shall be downloaded entirely at Your own risk and Luckymall shall not be liable in respect of any loss of data or other damage caused by any such download.
3.7. Where We have reason to believe that Your use of the Services is in breach of paragraphs 3.5 above We shall, without prejudice to any of Our other rights, be entitled forthwith to remove from the Site any offending content and legal action may be taken against anyone violating the Terms or any other applicable law or regulation.
4. Game Guidelines and Rules:
4.1.Our services will be conducted within the framework of the rules listed below plus any other provision that may be added from time to time.
4.2.Your unique identifier is the mobile number registered on the Luckymall APP or website. E.g. 08090000000 Thephone number (SIM Card) must be valid and registered to the User.
4.3. All registration information provided by the Usermust be current, complete and accurate. We may decline from awarding aprize if a User's information is found to be inaccurate.
4.4. In order to qualify to play for an item, You must be a registered member of Luckymall or play under an accredited merchant. Your membership allows Us to identify Users and avoid thepossibility of false entries more accurately. Users expressly authorize Luckymall to accept each game entered as an entry out of free will and such entry validated by Your payment is not refundable.
4.5. Only one winner (cash prize exempted) will emerge on each raffle game played and all entries taken after a winner has been selected by the system becomes null and void. The system will award a game to one User whose code is randomly selected by the draw machine.
4.6.The code lucky numbers only serve as a unique identifier for several entries by one and or multiple Users. For instance, if Femi Adedeji entered 15 chances in one game, and one of his codes is selected,the system will quickly pull out the code, search for the User who played itand associate that code to the User's name and phone number.
4.7.Please note: No two codes are similar orarranged in the same order. The system will invalidate any attempt to enter two identical codes twice in one game.
4.8. You can enter a valid game by paying for Your codes through Your funded Wallet. You can top up Your Wallet through BankTransfer or Direct Debit Card Transactions.
4.9. We announce winners on Our LUCKY MALL APP “winner”category immediately after the winner is randomly selected; Automatic text are sent to all Users who win in a specific raffle draw.
4.10. Luckymall undertakes to use the contact details made available by the player upon registration and all reasonable endeavors to find winners to enable them retrieve their prizes, however, a player who fails to redeem his/her prize despite repeated calls or messages from Luckymall within180 days following the draw, will forfeit his/her won items or cash prizes.
4.11. Once You place a bid on an item, You will be awarded the item if You win when a draw is carried out. As a User, You are responsible for the number of games You enter into. Thus, You are advised toplay responsibly. However, Luckymall can decide to set bidl imit in a particular game in order to curb compulsive gambling tendencies and encourage equity and fairness amongst Users.
4.12. The amount of money required to play a game is purely determined by the Raffle game management team. For instance, a game designed to run for 7 days or more before a draw will require players to place 2 or more bids of the advertised item in order to qualify for a draw.
4.13. Acceptance of the Prize gives the Company unrestricted and perpetual royalty free license on using the winner’s name,mobile number, picture, video, image or relevant quotes for the purpose of future promotions unless otherwise indicated by the winner.
4.14.Some raffles are time bounded, in case the numberof required bids are not completed within the stipulated time, the draw willtake place as scheduled. However, the winners will receive 70% of bid sale onthe item. If just one bid was placed on a certain product before ending time, Luckymallshall return the bid amount to the user's wallet.
5.Obligation of Prize winner:
5.1. The Winner of any of the Prizes has the following obligations once notified of the prize. a) Identify himself/herself and provide evidence that he owns the mobile number and code. b) Agree on the place of delivery/pick up of the Prize which is limited to locations provided by Luckymall nationwide. c) Collect the Prize within maximum 180 days from the day he is notified. Failure to claim the prize within 180 days from the draw will lead to forfeiture by the User and theprize re-entered for a subsequent draw. Luckymall is not responsible for any errors committed by the User during the registration or while using the Services which may as a result prevent the grant of the prize.
5.2. All prizes come inclusive of limited warranty. If the prize does not meet the expectations of the winner, then the winner should invoke the product warranty claim directly with the manufacturer/provider ofthe prize.
5.3.All winners upon receipt of the item won are obligated to share their success winning stories on all social media platforms such as Facebook, TikTok, Instagram or Twitter as may be directed by Luckymall from time to time.
5.4.Taxes. Each winner is solely responsible for payment of all federal, state, and/or local income, sales, or User taxes due to acceptance of any prize won through the promotion. For Prizes requiring ownership registration (e.g. Car, motorcycles), the winner is responsible for payment of applicable taxes, title documents, and licensing fees.
6. Limitation of Liability of Luckymall:
6.1. Luckymall cannot,and will not, be held responsible for any interruption in service, errors,and/or omissions, caused by any means; and does not guarantee continuous,uninterrupted or error free service or use of the Site. Users acknowledge that this game is conducted electronically and relies on hardware and software that may malfunction without warning. Luckymall in its sole discretion may void any win identified as rigged. Luckymall will suspend Users who attempted/- manipulated the system to rig the games.
6.2. Your access to and use of the Services is at Your sole option, discretion and risk. We shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by Us.
6.3. We will provide the Services with reasonable skill and care and substantially as described in the Terms. We do not make any other promises or warranties regarding the Services, or any products or services forming a part of the Services, and here by exclude (to the extent permitted bylaw) all implied warranties in respect of the same (including impliedwarranties as to satisfactory quality and/or fitness for Your purpose). In particular, We do not warrant that the Site will have uninterrupted availability or that it will be free of bugs, viruses or other errors.
6.4. Our maximum liability (including that of affiliates, officers, directors, agents and employees) arising out of Your use of the Services (or any part of the Services, whether such liability arises under breach of contract, tort (including negligence), or otherwise, will belimited to: a) (where Our liability relates to a bid or stake) the amount of the bid or stake placed by You in respect of which Our liability has arisen; and b) (where Our liability relates to the misapplication offunds) the amount of money in Your account that has been misplaced by Us.
6.5. We shall not be liable to You, whether such liability arises in contract, tort (including negligence) or otherwise, inrespect of any
a) loss of data;or
b) loss of profits; or
c) loss of revenue; or
d) loss of business opportunity; or
e) loss of damage to goodwill or reputation; or
f) business interruption; or
g) any indirect,special or consequential loss or damage, even where such loss or damage has been notified to Us as being possible, arising out of the Terms or any use whatsoever by you of the Services.
7.1. The Site is provided on an “as is” basis without warranties of any kind either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for aparticular purpose, other than those warranties which are imposed by andincapable of exclusion, restriction or modification under the laws of the Federal Republic of Nigeria applicable to these Terms.
7.2. No obligation, liability, responsibility,accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
8. Breach of these Terms:
8.1. Without prejudice to Our other rights under theseterms and conditions, if You breach these terms and conditions in anyway, or if We reasonably suspect that You have breached these terms andconditions in any way, We may: (a) Send You one or more formal warnings; (b)Temporarily suspend Your access to Our Site; (c) Permanently prohibit You fromaccessing Our Site; (d) Commence legal action against You, whether for breachof contract or otherwise; and/or (e) Suspend or delete Your account on OurPlatform.
9. Verification of your Identity and Money Laundering Requirements
9.1. You warrant that:
a) The full nameand phone number You supply when opening Your account is Yours and are correct;and
b) You are therightful owner of the money which You at any time deposit in Your Account.
9.2. By agreeing to the Terms You authorize Us to undertake any such verification checks from time to time as We may requireOurselves or may be required by third parties (including, but not limited to,regulatory bodies) to confirm these facts (the “Checks”). You agree that from time to time, upon Our request, You may be required to provide additional details in respect of any of such information You have provided us, includingin relation to any deposits which You have made into Your Account.
9.3. Whilst We are undertaking any Checks from time tot ime, We may restrict You from accessing all or certain parts of the Site.Please note that We may from time to time re-perform the Checks for regulatory,security or other business reasons. If any such restrictions cause You aproblem, please contact Customer Services.
9.4. In certain circumstances We may have to contact You and ask You to provide further information to Us directly in order tocomplete the Checks. For this purpose, We will be entitled, at Our solediscretion, to require that You provide Us with a notarized ID or anyequivalent certified ID according to the applicable law of Your jurisdiction orotherwise, proof of address, utility bills, bank details, bank statements and bank references. Until such information has been supplied to Our satisfactionWe may prevent any activity to be undertaken by You in relation to the Accountor We may, where We reasonably believe that incorrect information has been deliberately provided by You, keep any amount deposited on the Account following the closure of the Account by us.
9.5. It is an offence for persons under the age of 18 to make use of the Site. If We are unable to confirm that You are the Relevant Age, then We may suspend Your Account until such time that We are able toconfirm that You are the Relevant Age. If You are subsequently proven to have been under the Relevant Age at the time You made any gambling or gaming biddings with Us, then Your Account will be closed.
10. Username, Password and Customer Information:
10.1. Afteropening Your Account, You must use take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your username, passwordand/or account number to anyone else, including ensuring that up-to-datesecurity software is downloaded onto Your phones or computers.
10.2. All biddings made where Your username and passwordand/or account number have been entered correctly will be regarded as valid,whether or not authorized by You, and We shall not be liable for any claims inthe event that You disclose Your username or password to anyone else (whetherdeliberately or accidentally).
10.3. If You have lost or forgotten Your Account detailsor have reason to believe that such details are known to an unauthorized thirdparty, please change Your password immediately or reach out to Our Customer Services for help.
10.4. The security of Your information is Your sole responsibility as You, the User will be responsible for all raffle games placedunder Your number. If at any time You feel that Your number and password havebeen compromised due to lack of security on Your part, You must notify Luckymall immediately.
10.5. Luckymall gathers information about Users for the purposes of conducting online consumers sales promotion research &gaming. Luckymall doesnot sell or rent this information.
10.6. Luckymall may use email mailing pushnotifications/lists to notify its Users about online and live raffle gamesand or site updates. If You are receiving a particular mailing and wish todiscontinue receiving future mailings, simply unsubscribe or disable push notificationon Your device.
11. Deposits and Withdrawal from Your Account:
11.1. If You wish to participate in the Services, Youmust deposit monies into Your Account from an account or source of which Youare the account holder. Such monies may (subject to paragraph 9 above)thenbe used by You to bid. All deposits and withdrawals will either be through direct bank transfer or Visa/Verve/MasterCard.
11.2. You further agree not to make any charge-backs,reversals or otherwise cancel any deposits into Your Account, and in any such event to refund and compensate Us for such unpaid deposits including any expenses incurred by Us in the process of collecting Your deposit. For the avoidance of doubt Your Account shall not be used by You as a bank account.
11.3. Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by anydeposit or banking insurance system or by any other similar insurance system.Any monies deposited with Us in Your Account shall not attract any interest.Monies deposited with Us are held under a normal bank account and/or escrowaccount in the name of Luckymall, which holds the monies in the accounton trust for You and other persons entitled. As such, in the event of Ourinsolvency, You would be entitled to claim any monies held on trust for You insuch an account, but You would have no protection under any statutory depositguarantee scheme.
11.4. We may at any time set off any positive balance onYour Account against any amount owed by You to Luckymall (irrespectiveof whether there has been a breach of the Terms), including (withoutlimitation) where We re-settle any bets or wagers pursuant to paragraph 15(Collusion, Cheating, Fraud and Criminal Activity) or paragraph 21(Errors or Omissions).
11.5. To the extent required by Your local law or tax orother authorities You are responsible for reporting Your winnings and lossesarising from the Services.
11.6. Subject to paragraph 17 (Closure of Your Account; etc.), You mayrequest withdrawal of funds from Your Account at any time provided that:
a) all payments made into Your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled;
b) any Checks referred to in paragraph 8above have been completed by Us to Our satisfaction; and
c) You have complied with any other relevantwithdrawal conditions affecting Your Account.
11.7. On any withdrawal approved by Us We will returnthe relevant funds to You in accordance with paragraph 11.7 less charges incurred or any other amount required to be deducted from Yourwithdrawal in order to comply with any applicable law.
11.8. Withdrawals will be returned by bank transfer to the bank account registered against Your Account.
11.9. We will hold monies in the deposit account and/or escrow account.
11.11. We do not undertake to advise You that You have an outstanding balance to collect. If You do not access Your account by logging onto the Site and using the Services offered for any consecutive period of 365 days Your account will be deemed inactive. We shall be entitled to charge You periodic administrative fees during the period that Your account remains inactive and set off such charges against funds in the account up to the extent of Your account balance. If an inactive account is identified, We may attempt to contact the account holder via telephone, email or written communications, using the contact details registered with the account. If this fails, We may use other methods at Our disposal to seek to contact the account holder. If such efforts prove unsuccessful and contact with the User can not be established within twelve months of the date from which the account was identified as 'dormant’, anyoutstanding bank roll in such Account may be set aside and We shall reserve thepower to close the Account.
12. Legal Use of the Site:
12.1. It is Your responsibility to determine the law that applies in the location in which You are present. You should ensure that You will be acting legally in Your jurisdiction in opening Your Account and/orusing the Site and You represent, warrant and agree that You will do so.
12.2. If it becomes apparent to Us that You are residentin a State in Nigeria in which the use of the Site is not legal, We shall be entitled immediately to close Your Account, in which case any balance on theAccount on the date of such closure will be refunded to You as soon as it is practicable for Us to do so.
13. Placing Your Bid and/or Gaming using the Services
13.1. In order to place a bid or access a Service Youshould follow the instructions provided under “Guide” on the Site.
13.2. Your bidding history can be accessed by You by clicking My Account and My Bids on the Site, or through Our Customer Services team.
13.3. We reserve the right to refuse the whole or part of any biding requested by You at any time in Our sole discretion, or where Youhave breached the Terms.
13.4. As well as informing Your bank, please inform usas soon as is possible should Your bank card be lost or stolen.
13.5. If You or Your bank advise Us that Your card has been lost or stolen, no further bids will be accepted on Your Account until You contact Us with further instructions.
14. Remote Bidding:
14.1. Where You are accessing the Services via an electronic form of communication You should be aware that in relation to Your use of the Site for bidding or playing of games, You may be using a connectionor equipment
14.2. You may encounter system flaws, faults, errors orservice interruption which will be dealt with in accordance with paragraph 20 (IT Failure);
14.3. the Guide offered via the Site is available and should be considered by You prior to Your use of the Services offered via theSite; and
15. Prohibited Use
15.1. The following practices (or any of them) in relation to the Services:
a) abuse of bonuses or other promotions; and/or
b) using unfair external factors or influences (commonly known as cheating); and/or
c) taking unfair advantage (as defined inparagraph 15.5.3);
d) opening anyDuplicate Accounts; and/or
e) undertaking fraudulent practice or criminal activity (as defined in paragraph 15.5), constituteProhibited Practices and are not permitted and will constitute a materialbreach of the Terms. We will take all reasonable steps to prevent and detectsuch practices and to identify the relevant players concerned if they do occur.Subject to the above, however, We will not be liable for any loss or damagewhich You may incur as a result of any Prohibited Practices, and any action Wetake in respect of the same will be at Our sole discretion.
15.2. If You suspect a person is engaged in any Prohibited Practice, You shall as soon as reasonably practicable, report it toUs by telephoning Customer Services.
15.3. You agree that You shall not participate in or beconnected with any form of Prohibited Practice in connection with Your accessto or use of the Services.
a) We have reasonable grounds to believe that You have participated in or have been connected with any form of Prohibited Practice (and the basis of Our belief shall include the use by Us (and by Our gaming partners and Our other suppliers) of any fraud, cheating and collusion detection practices which are used in the gambling and gaming industry at therelevant time); or
b) You have placed bids with any other online provider of gambling services and are suspected (asa result of such play) of any Prohibited Practice or otherwise improperactivity; or
c) We become awarethat You have “charged back” or denied any of the purchases or deposits that You made to Your Account; or
d) You become bankrupt or suffer analogous proceedings anywhere in the world, then,(including in connection with any suspension and/or termination of YourAccount);
We shall have the right,in respect of Your Account with Luckymall to withhold the whole or partof the balance and/or recover from the account the amount of any deposits,pay-outs, bonuses or winnings which have been affected by or are in any wayattributable to any of the event(s) contemplated in this paragraph 15.4.The rights set out in this paragraph 15.4arewithout prejudice to any other rights (including any common law rights) that Wemay have against You, whether under the Terms or otherwise.
15.5. For the purposes of this paragraph 15:
15.5.1. A “fraudulentpractice” means any fraudulent activity engaged in by You or by any personacting on Your behalf or in collusion with You, and shall include, withoutlimitation: (a) fraudulent charge-backs; (b) the use by You or any other personwho was participating in the same game as You at any time, of a stolen, clonedor otherwise unauthorized source of funds; (c) the collusion by You with othersin order to gain an unfair advantage (including through bonus schemes orsimilar incentives offered by us); (d) any attempt to register false ormisleading account information; (e) any actual or attempted act by You which isreasonably deemed by Us to be illegal in any applicable jurisdiction, made inbad faith, or intended to defraud Us and/or circumvent any contractual or legalrestrictions, regardless of whether such act or attempted act actually causesUs any damage or harm;
15.5.2. an “unfairadvantage” shall include, without limitation, the exploitation of a fault,loophole or error in Our or any third party’s software used by You inconnection with the Services (including in respect of any game), the use ofautomated players (‘bots’), or the exploitation by You, to the disadvantage ofUs or other Users of an ‘Error’ as defined in paragraph 20.1.
15.5.3. Luckymall reserves the right to void any live or pre-live bid placed after the deadline indicated(including owing to content timing errors or revised start times) and/or in anycase after the start time of the event.
15.6. In exercising any of Our rights under paragraph 15.4 in relation to a Prohibited Practice, We shall use all reasonable endeavors to ensure that, while complying with Our regulatory and other legal obligations, We exercise such rights in a manner which is fairto You and to Our other Users.
15.7. We reserve the right to inform relevant authorities, other online gaming or gamblingoperators, other online service providers and banks, credit card companies,electronic payment providers or other financial institutions of Your identityand of any suspected Prohibited Practice by You, and You shall cooperate fullywith Us to investigate any such activity.
16. Review and Changes to the Terms:
16.1. We may revise and update these Terms, from time to time, in Our sole discretion. All changes are effective immediately when We post them and apply to all access toand use of the Services there after. Your continued use of any Service following the posting of revised Terms means that You accept and agree to the changes.
16.2. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You. We may update the content on the Services from time to time, but content is not necessarily complete or up to date. Any of the material on the Services,including, without limitation, questions and answers, may be out of date at anygiven time, and We are under no obligation to update such material.
16.3. We reserve the right to withdraw or amend the Services, and any material We provide on the Services, in Our sole discretion without notice. We will not be liable if for any reason all or anypart of the Services is unavailable at any time or for any period. Fromtime to time, We may restrict access to some or all parts of the Services to Users, including registered Users.
17. Closure of Your Account and Termination of Terms:
17.1. Closure and Termination of Terms
17.1.1. Provided that Your Account does not show that a balance is due to Us, You are entitled to close Your Account and terminate the Terms on not less than 24 hours’ notice to Us at any time, by contacting Us through Customer Services, details of which can be found on the Site indicating Your wish to close Your Account and stating the reasons why You wish to close Your Account, in particular if You are doing so because of concerns over thelevel of Your use of the same.
17.1.2. We will respond to Your request, confirming closure of Your Account and the date on which suchclosure will be effective, within a reasonable time, provided that You continueto assume responsibility for all activity on Your Account until such closurehas been carried out by Us (at which point the Terms terminate).
17.1.3. When You request closure of Your Account under paragraph 17.1.1 We will, subject to paragraph 17.1.4, return any outstandingbalance in Your Account to You.
17.1.4. Upon any termination of Your Account under this paragraph 17We shall beentitled (without limiting Our rights under paragraph 17.1.6)towithhold, from the repayment of the outstanding balance on Your Account, anymonies (a) pursuant to paragraph15 (Collusion, Cheating, Fraud and Criminal Activity), (b) pursuantto paragraph 7(Breach of the Terms), as otherwise provided by theTerms and as required by law or regulation.
17.1.5. When repaying the outstanding balance on Your Account, We shall use direct bank transfer tothe bank account You provided upon registration of Your Account.
17.1.6. Where You have closed Your Account, We may in certain circumstances be able to re-open YourAccount with the same account details as before if You request Us to do so. Insuch circumstances, while Your Account will have the same account details as before, it will be subject to the Terms which are in force at the date of any such re-opening and any prior entitlements (including, but without limitation,to bonuses or contingent winnings) will no longer be valid.
17.2. Closure and Termination by Luckymall
17.2.1. We are, at any time (and notwithstanding anyother provisions contained in the Terms), entitled to close Your Account andterminate the Terms on written notice (or attempted notice) to You using YourContact Details. In the event of any such termination by Us We shall, subjectto paragraph 17.2.2as soon as reasonably possible following a request by You, refund the balanceof Your Account.
17.2.2. Where We closeYour Account and terminate the Terms pursuant to paragraph 15 (Collusion, Cheating, Fraud and CriminalActivity) or paragraph 7 (Breach of the Terms), the balance of YourAccount will be non-refundable and deemed to be forfeited by You to the extentof any claim that We may have against You as at the date of such closure(whether under Your Account, and Duplicate Account or otherwise). Closure ofYour Account and Termination of the Terms, other than pursuant to paragraphs 15 or 8of these Terms, will not affect any outstanding bids,provided that such outstanding bids are valid and You are not in breach of theTerms in any way. For the avoidance of doubt, We will not credit any bonusesinto Your Account, nor will You be entitled to any contingent winnings, at anytime after the date on which it has been closed (whether by Us pursuant to theTerms, or in response to Your request).
17.2.3. The following paragraphs shall survive any termination of the Terms: 6, 8, 22, 23, 24, 26,29, 30, 31 and 34and any other paragraphs whichare required for the purposes of interpretation; together with any relevantsections of the Guide.
17.2.4. Any fundsremaining in abandoned Accounts will be given away as donations.
17.3. Suspension by Us
17.3.1. We shall beentitled to suspend Your Account in the circumstances expressly set out in theTerms. Upon the suspension of Your Account: (a) no activity shall be permitted(including deposits, withdrawals or bidding) until the date upon which it isre-activated by us; (b) no bonuses or contingent winnings will be credited tothe Account; and We shall address the issue that has given rise to the Accountsuspension with a view to resolving it as soon as reasonably practicable sothat the Account can, as appropriate, either be re-activated or closed.
18. Alteration of the Site
18.1. We may, in Our absolute discretion, alter or amend any product or service (including any prices offered) available through the Site at any time for the purpose of ensuring the ongoing provision of the Site,but without prejudice to any bids already in progress at the time of such amendment. From time to time, We may restrict You from accessing some parts ofthe Site for the purpose of maintenance of the Site and/or alteration or amendment of any of the games and/or products available through the Site.
19. Third Party Software:
19.1. It may be necessary to provide You with software (“Software”)supplied by third parties to enable You to use the products offered through theServices.
19.2. In such circumstances, You may be required to enter into a separate agreement with the owner in respect of Your use of suchSoftware (a “Third Party Software Agreement”). In case of any inconsistencybetween the Terms and any Third-Party Software Agreement, the Terms willprevail in so far as the inconsistency relates to the relationship between You and Luckymall.
19.3. It is Your responsibility to ensure that any Software is downloaded onto Your computer in a manner compatible with Your owncomputer’s specific set-up. For the avoidance of doubt, We shall not be liableto the extent that the downloading of any Software has an adverse effect on theoperation of Your computer.
20. IT Failure:
20.1. Where problems occur in the software or hardware used by Us to provide the Services, We will take all reasonable steps to remedy the problem as soon as practicable. Where such problems cause a game to beinterrupted in circumstances where it can not be restarted from exactly the same position without any detriment to You or other Users, We will take all reasonable steps to treat You in a fair manner (which may include reinstatingthe balance on Your Account to the position existing following completion ofthe last bid or game logged on Luckymall’s server immediately prior to the occurrence of the problem).
20.2. We do not accept any liability whatsoever for problems caused by the equipment which You or other Users are using to accessthe Services, or faults relating to Your or their internet service provider.
21. Errors or Omissions:
21.1. A number of circumstances may arise where a bid orwager is accepted, or a payment is made, by Us in error. A non-exhaustive listof such circumstances is where We mis-state any odds or terms of a bidding or gaming wager to You as a result of obvious error or omission in inputting theinformation or setting up a market, or as a result of a computer malfunction.
21.2. where We have made a 'palpable error’. A palpableerror occurs where:
a) We havecontinued to accept bids on a Product which should have been suspended,including where the relevant event is in progress;
b) where an errorhas been made as a result of a Prohibited Practice under paragraph 15.1;
c) where We shouldnot have accepted, or have the right to cancel or re-settle, a bid pursuant tothe Gaming Rules;
d) where an erroris made by Us as to the amount of winnings/returns that are paid to You,including as a result of a manual or computer input error; or
e) where an errorhas been made by Us as to the amount of free bids and/or bonuses that arecredited to Your account, any such circumstances being referred to as an"Error".
Luckymall reserves the right to void any bid placed after the deadline indicated (including owing tocontent timing errors or revised start times) and/or in any case after thestart time of the event.
21.3. We reserve the right to:
a) correct any Error made on a bid placed and re-settle the same at the correct price or termswhich were available or should have been available through Luckymall(absent the publishing error) at the time that the bid was placed and the bidwill be deemed to have taken place on the terms which were usual for that bid;or
b) where it is notreasonably practicable to correct and re-settle under 21.3 (a) above, todeclare the bid void and return Your stake into Your Account; or
c) incircumstances where the Error has resulted from a Prohibited Practice, to takethe steps set out in paragraph15.4.
21.4. Any monies which are credited to Your Account, orpaid to You as a result of an Error shall be deemed, pending resolution under paragraph 21.3, to be heldby You on trust for Us and shall be immediately repaid to Us when a demand forpayment is made by Us to You. Where such circumstances exist, if You havemonies in Your Account, We may reclaim these monies from Your Account pursuantto paragraph 11.4.We agree that We shall use all reasonable endeavorsto detect any Errors and inform You of them as soon as reasonably practicable.
21.5. Neither We (including Our employees or agents) norOur partners or suppliers shall be liable for any loss, including loss ofwinnings, that results from any Error by Us or an error by You.
21.6. You shall inform Us as soon as reasonablypracticable should You become aware of any Error.
21.7. Where You have used monies which have beencredited to Your Account or awarded to You as a result of an Error to placesubsequent bids or play games, We may cancel such bids and/or withhold anywinnings which You may have won with such monies, and if We have paid out onany such bids or gaming activities, such amounts shall be deemed to be held byYou on trust for Us and shall be immediately repaid to Us by You when a demandfor payment is made by Us to You.
22. Intellectual Property Rights:
22.1. All website design, text, graphics, music, sound,photographs, video, the selection and arrangement thereof, softwarecompilations, underlying source code, software and all other material containedforming any part of the Services are subject to copyright and other proprietaryrights which are either owned by Us or used under license from third partyrights owners. To the extent that any material comprised within the Servicesmay be downloaded or printed then such material may be downloaded to a singledevice only (and hard copy portions may be printed) solely for Your ownpersonal and non-commercial use.
22.2. Under no circumstances shall the use of theServices grant to You any interest in any intellectual property rights (forexample copyright, know-how or trade-marks) owned by Us or by any third partywhatsoever, other than a personal, non-exclusive, non-sub-licensable license touse such intellectual property rights in connection with Your personal,non-commercial use of the Services pursuant to the Terms.
22.3. No rights whatsoever are granted to use orreproduce any trademarks or logos which appear on the Site except asspecifically permitted in accordance with the Terms.
22.4. You must not, nor must You allow any other personto copy, store, publish, rent, license, sell, distribute, alter, add to,delete, remove or tamper with the Site or any part of it in any way or directlyor indirectly disrupt or interfere (or attempt to disrupt or interfere) with oralter the Site, other than in the course of viewing or using the Site inaccordance with the Terms.
22.5. All intellectual property rights in the name “Luckymall”the logos, designs, trademarks and other distinctive brand features of Luckymalland any content provided by Luckymall or any third party for inclusionon the Site vest in Luckymall or the applicable third party. You agreenot to display or use such logos, designs, trademarks, and other distinctive brandfeatures in any manner without Our prior written consent.
23. Viruses, Hacking and other Offences:
23.1. User shall not:
a) corrupt theSite;
b) attempt to gainunauthorized access to the Site, the servers on which the Site is stored, orany server, computer or database connected to the Site;
c) flood the Sitewith information, multiple submissions or "spam";
d) knowingly ornegligently use any features which may affect the function or proper working ofthe Site in any way for example (but not limited to) releasing or propagatingviruses, worms, trojans, logic bombs or similar material that is malicious orharmful;
e) interfere ortamper with, remove or otherwise alter in any way, any information in any formwhich is included on the Site;
f) attack the Site via a denial-of-service attack ora distributed denial-of-service attack. We will report any suspected breach ofthe Computer Misuse Act 1990 to the relevant law enforcement authorities and Wewill co-operate with those authorities by disclosing Your identity to them. Inthe event of such a breach, Your right to use the Site will cease immediately.
23.2. We will not be liable for any loss or damagecaused by a distributed denial-of-service attack, viruses or othertechnologically harmful material that may infect Your computer equipment,computer programs, data or other proprietary material due to Your use of theSite or to Your downloading of any material posted on such Site, or on anywebsite linked to the Site.
24. Users’ Personal Information and Data
24.1. All information on Your Account held by Us issecurely data warehoused and remains confidential except where otherwise statedin the Terms.
24.2. When You use the Services it will be necessary forUs to collect certain information about You, including Your name and date of birth, Your Contact Details, and may also include information about Your marketing preferences (all of which shall be known as “Your PersonalInformation”).
24.3. By providing Us with Your Personal Information,You consent to Our processing Your Personal Information, including any of thesame which is particularly sensitive:
b) for other purposes where We need to process Your Personal Information for the purposes ofoperating the Services, including by sharing it with Our service providers andagents for these purposes, for example to Our providers of postal services,marketing services and customer services agents. We may also disclose Your Personal Information in order to comply with a legal or regulatory obligation.
24.4. We will retain copies of any communications thatYou send to Us (including copies of any emails) in order to maintain accuraterecords of the information that We have received from You.
25. Use of ‘Cookies’ on the Website:
26. Complaints and Notices:
26.1. No claim or dispute with regard to the acceptanceor settlement of a bid which You have made using the Services will beconsidered more than 30 days after the date of the original bid; and
26.2. Should You wish to make a complaint regarding theServices, as a first step You should as soon as reasonably practicable contact Customer Services about Your complaint, which will be escalated as necessarywithin Our Customer Services team until resolution.
26.3. If there is a dispute arising from the Terms which cannot be resolved by Customer Services having been escalated in accordancewith paragraph 26.2,You can request that the matter be addressed by a manager or supervisor. We will endeavor to resolve the matter to Your satisfaction either immediately orby contacting You subsequently.
26.4. When We wish to contact You, We may do so usingany of Your Contact Details. Notices will be deemed to have been properlyserved and received by You immediately after an email is sent or after We havecommunicated with You directly by telephone (including where We leave You avoicemail), or three (3) days after the date of posting of any letter. Inproving the service of any notice, it will be sufficient to prove, in the caseof a letter, that such letter was properly addressed, stamped and placed in thepost; and in the case of an email, that such email was sent to the specified emailaddress (if any) in Your Contact Details at the time that any such email wassent.
27. Transfer of Rights and Obligations:
27.1. We reserve the right to transfer, assign,sublicense or pledge the Terms (an “assignment”), in whole or in part, to anyperson without notice to You, provided that any such assignment will be on thesame terms or terms that are no less advantageous to You.
27.2. You may not assign, sublicense or otherwisetransfer in any manner whatsoever any of Your rights or obligations under theTerms.
28. Force Majeure:
28.1. We will not be liable or responsible for anyfailure to perform, or delay in performance of, any of Our obligations underthe Terms that is caused by events outside Our reasonable control, including(without limitation) any telecommunications network failures, power failures,failures in third party computer (or other) equipment, fire, lightning,explosion, flood, severe weather, industrial disputes or lock-outs, terroristactivity and acts of government or other competent authorities.
28.2. Our performance is deemed to be suspended for theperiod that the Force Majeure Event continues, and We will have an extension oftime for performance for the duration of that period. We will use Ourreasonable endeavors to bring the Force Majeure Event to a close or to find asolution by which Our obligations may be performed despite the Force MajeureEvent.
29.1. If We fail to insist upon strict performance of any of Your obligations or if We fail to exercise any of the rights or remedies to which We are entitled, this shall not constitute a waiver of such rights orremedies and shall not relieve You from compliance with such obligations.
29.2. A waiver by Us of any default shall not constitutea waiver of any subsequent default.
29.3. No waiver by Us of any of the provisions of theTerms shall be effective unless it is expressly stated to be a waiver and iscommunicated to You in writing in accordance with paragraph 25 (Complaints andNotices) above.
30.1. If any of the Terms are determined by any competentauthority to be invalid, unlawful or unenforceable to any extent, such term,condition or provision will to that extent be severed from the remaining terms,conditions and provisions which will continue to be valid to the fullest extentpermitted by law.
30.2. In such cases, the part deemed invalid orunenforceable shall be amended in a manner consistent with the applicable lawto reflect, as closely as possible, Luckymall’s original intent.
31. Entire Agreement:
31.1. The Terms and any document expressly referred to in them represent the entire agreement between You and Us and supersede any prior agreement, understanding or arrangement between You and us, whether oralor in writing.
31.2. We each acknowledge that neither of Us has reliedon any representation, undertaking or promise given by the other or impliedfrom anything said or written in negotiations between Us except as expresslystated in the Terms.
31.3. Neither party shall have any remedy in respect ofany untrue statement made by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently)and the other party’s only remedy shall be for breach of contract as providedin the Terms.
32. Governing Law and Dispute Resolution:
32.1. Luckymall may seek any interim or preliminary relief from a court of competent jurisdiction inNigeria necessary to protect the rights or property of Luckymall pendingthe completion of arbitration. You and Luckymall areindependent contractors, and no agency, partnership, joint venture, employee orfranchiser-franchisee relationship is intended or created by these Terms.
32.2. The Site User Agreement and any disputes arisingout of or related to the Site shall be governed by and construed andenforced in accordance with, the laws of the Federal Republic of Nigeriaapplicable to contracts entered and to be performed entirely within the Nigeriastate. If any provision of this Site User Agreement is held to be invalidor unenforceable, such provision shall be struck and the remaining provisionsshall be enforced.
32.3. Luckymall’s failure to act withrespect to a breach by You or others does not waive the right to act withrespect to subsequent or similar breaches. This Site User Agreement sets forththe entire understanding and agreement between us with respect to the subject matter hereof. Your use of this gaming site marks Your acceptance in full ofthese Terms and Conditions.
Where We provide hyperlinks to other websites, We do so for information purposes only. You useany such links at Your own risk, and We accept no responsibility for the content or use of such websites, or for the information contained on them. You may not link to this site, nor frame it without Our express permission.
34. User Protection
Luckymall safeguards player deposits and ensures that players receive their true and fair winnings from play on the Luckymall Site via the use of a ring-fenced Userprotection Client Account. All player funds are deposited directly into the Client Account and withdrawals to players are made directly from the Client Account. The company’s margin is transferred to the company’s operating account, from where operational expenses are paid.
35. Responsible Gaming: Luckymall is an entertainment product and all Usersare enjoined to play responsibly.
The promoter of the Lucky Mall App & Website is Bud Infrastructure Limited withregistered address at (18A, Onikepo Akande Street, Lekki Phase 1, Lagos),Lagos, Federal Republic of Nigeria.