Last Updated: December 1, 2024
We are Power Ball Luck ("Company," "we," "us," or "our"), an organisation operating under Australian regulations, dedicated to offering promotional lottery services.
Our company is registered in Australia (ABN: 75 341 892 522), with our registered office located at:
These Terms of Service ("Terms") constitute a legally binding agreement between you ("user," "you") and Power Ball Luck. By accessing or using our website https://powerballluck.com ("Website") or related services (collectively, the "Services"), you confirm that you have read, understood, and agreed to comply with these Terms. If you do not agree, you must discontinue use of the Services immediately.
The Services are intended exclusively for individuals aged 18 years or older. Access by minors is strictly prohibited.
By using the Services, you agree to:
We may update these Terms periodically to reflect changes in practices, regulations, or offerings. The "Last Updated" date will indicate the most recent version. You are responsible for reviewing the Terms regularly. Continued use of the Services constitutes your acceptance of the updated Terms. If you disagree with any amendments, you must stop using the Services immediately.
Certain aspects of our Services may be subject to additional terms and policies, which are incorporated into these Terms by reference. These include, but are not limited to:
The information and materials provided through our Services are not intended for distribution or use in any jurisdiction where such activities would violate applicable laws or regulations. Users who access our Services from outside Australia do so at their own risk and are solely responsible for ensuring compliance with local laws.
By using our Services, you acknowledge and agree to the following terms:
We own or hold licences for all intellectual property rights associated with the Services, including but not limited to source code, databases, software, website designs, text, audio, video, photographs, graphics, trademarks, service marks, and logos (collectively referred to as the "Content"). These rights are protected under Australian copyright, trademark, and other applicable intellectual property laws, as well as relevant international treaties.
The Content provided through the Services must not be used in any way that:
You must not reproduce, distribute, modify, display, or use the Content for any purpose, including commercial use, without our prior written consent. Any unauthorised use of the Content may result in immediate termination of your access to the Services and could lead to legal action.
Any unauthorised use of the Content or violation of intellectual property rights will constitute a material breach of these Terms. In such cases, your access to the Services may be revoked immediately, and we may take legal action to protect our rights.
All rights in and to the Services, Content, and related materials that are not expressly granted in these Terms are reserved by us.
By using the Services, you confirm that you meet the following criteria:
Failure to comply with these representations may result in the suspension or termination of your access to the Services and could lead to legal action.
You are prohibited from using the Services for any purpose other than those expressly permitted by these Terms. The following activities are strictly prohibited:
Any breach of these provisions may result in:
User-generated content, including but not limited to text, photographs, videos, audio recordings, graphics, suggestions, or other materials, is not permitted on the Services. You are prohibited from submitting, posting, displaying, or sharing any content or materials through the Services.
All content and materials provided through the Services, including but not limited to website text, images, videos, software, trademarks, logos, and other proprietary information (collectively referred to as "Content"), are owned or licensed by us and are protected by applicable intellectual property laws.
You acknowledge and agree that you will not submit any content to the Services, nor will you engage in any activities that involve sharing, posting, or distributing content or materials via the Services.
Failure to comply with the prohibition on user-generated content may result in:
All content provided through the Services, including but not limited to website text, images, videos, software, trademarks, logos, and other proprietary materials (collectively referred to as "Content"), is owned or licensed by us. You acknowledge that no user-generated content or submissions are permitted through the Services.
You are granted a limited, non-exclusive, non-transferable, and revocable licence to access and view the Content provided through the Services for personal, non-commercial purposes. This licence is for the sole purpose of allowing you to use the Services in accordance with these Terms.
You agree not to copy, reproduce, modify, distribute, display, or create derivative works based on the Content without our prior written consent.
As no user-generated contributions are allowed, no submissions can be removed by you. However, if there are any issues with Content owned by us, please contact us at support@powerballluck.com, and we will assess the situation in accordance with our policies.
We are not liable for any claims, damages, or losses arising from the use of the Content provided through the Services. You are solely responsible for ensuring that your activities on the platform comply with these Terms.
We may allow third-party advertisers to display advertisements or other promotional content in specific areas of the Services, such as banners, sidebar advertisements, or sponsored content. These advertisements are provided solely by third-party entities, and we do not endorse, verify, or guarantee the products, services, or information offered by these advertisers.
Advertisers are responsible for ensuring that their advertisements comply with all applicable laws and regulations, including those related to consumer protection, intellectual property, and advertising standards.
If you choose to interact with an advertiser or make a purchase based on an advertisement displayed on the Services, you do so at your own risk. Any claims, disputes, or issues arising from your interactions with advertisers must be resolved directly with them.
The inclusion of advertisements on the Services does not imply our endorsement or recommendation of the advertiser's products, services, or business practices.
To maintain the integrity and proper functioning of the Services, we reserve the right to monitor and manage various aspects of their operation. This includes, but is not limited to:
We may monitor the Services to ensure compliance with these Terms and applicable laws. If we detect any violations or unauthorised activities, we may take appropriate action, including:
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, without prior notice. This may include:
We will take reasonable steps to protect the Services, including safeguarding our intellectual property, data, and infrastructure from unauthorised access or misuse.
We are committed to protecting your privacy and handling your personal data responsibly. By using the Services, you agree to the terms outlined in our Privacy Policy, which is incorporated into these Terms. The Privacy Policy provides details on how we collect, use, store, and protect your personal data.
The Services are hosted in Australia. If you access the Services from outside Australia, you acknowledge and consent to your data being transferred to and processed in Australia in accordance with Australian privacy laws, including the Privacy Act 1988.
You are responsible for ensuring that any personal data you provide is accurate, complete, and up to date. By continuing to use the Services, you consent to the collection and use of your data as described in our Privacy Policy.
For more details about your rights and how we handle your data, please review our full Privacy Policy, available on the Services. If you have questions or concerns, contact us at support@powerballluck.com.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
We may terminate or suspend your access to the Services for any of the following reasons:
If we terminate or suspend your access for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Following termination, you are prohibited from accessing the Services through any means, including creating a new account under your name, a false identity, or the identity of a third party, without explicit prior permission from us.
You may terminate your account or cease using the Services at any time. Upon termination, these Legal Terms will no longer apply, except for provisions that are intended to survive, such as those related to intellectual property, warranties, limitations of liability, and dispute resolution.
We reserve the right to change, modify, or remove the contents of the Services at any time, for any reason, and at our sole discretion, without prior notice. However, we have no obligation to update any information on the Services. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other issues, or may need to perform maintenance related to the Services, which could result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without prior notice to you.
You agree that we shall have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuation of the Services. Nothing in these Legal Terms shall be construed to obligate us to maintain and support the Services or to provide any corrections, updates, or releases in connection therewith.
These Legal Terms shall be governed by and construed in accordance with the laws of Australia. You and Power Ball Luck irrevocably consent to the exclusive jurisdiction of the courts of Australia to resolve any dispute arising in connection with these Legal Terms.
We aim to resolve disputes efficiently and fairly. By using the Services, you agree to the following dispute resolution procedures:
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations will commence upon written notice from one Party to the other Party.
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration in Brisbane, Australia. The arbitration will be conducted under the rules of the Australian Centre for International Commercial Arbitration (ACICA). The number of arbitrators shall be one (1), and the language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of Australia.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
If any part of this dispute resolution provision is found to be illegal or unenforceable, the Parties agree that the Dispute will be decided by a court of competent jurisdiction in Australia, as specified in Section 12, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
It is your responsibility to verify the accuracy of any information before relying on it. If you identify an error, please contact us at support@powerballluck.com to report the issue.
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
CERTAIN AUSTRALIAN LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. While we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, the delivery or retention of non-electronic records, or the execution of payments or the granting of credits by any means other than electronic means.
These Legal Terms, along with any policies or operating rules posted by us on the Services or in respect to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
To resolve any complaints regarding the Services or to receive further information regarding your use of the Services, please contact us at support@powerballluck.com.