Terms & conditions for www.gluto.com

Access to and use of ‘Gluto.com’ is provided by Unifund Management Ltd. on the following terms:

• By using Gluto.com you agree to be bound by these terms, which shall take effect immediately on your first use of Gluto.com. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to Gluto.com.
• Unifund Management Ltd. may change these terms from time to time and so you should check these terms regularly. Your continued use of Gluto.com will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website.

1. Definitions and interpretations

2. About us

Our full name is Unifund Management Ltd. Our registered office is:

34 Buckingham Palace Road
Office 32, Belgravia
London SW1W 0RH
United Kingdom

Our company registration number is 06625869. Our general email address is info [at] gluto.com.

3. Description of service

3.1 We act as a syndicate manager in relation to the ‘Draw’ and as such purchase the relevant lottery ticket in our name. We do not purchase lottery tickets in your name or on your behalf. Your ‘membership’ does not entitle you to any interest in any lottery tickets purchased by us.

3.2 We do not sell lottery tickets and do not operate a lottery. We are not connected to or affiliated with or approved by the ‘EuroMillions’ organizers or any other body or organization related to the EuroMillions.

3.3 We may also provide links on this website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through this site, or from companies to whose website we have provided a link on this site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

3.4 In effect, members are paying a fee for the use of Gluto.com services. This fee includes the right to a share of potential winnings earned by a Gluto.com syndicate. Other services, which are at an additional fee, include access to Gluto.com's Lotto Insights, statistical analytical tools, and our SMS phone messaging results services.

4. Your status

4.1 By applying for membership through this website, you warrant that:

a. You are legally capable of entering into binding contracts; and
b. You are at least 18 years old.

4.2 We reserve the right to ask for proof of age from you and any application for membership may be suspended until we are in receipt of satisfactory proof of age.

4.3 We also reserve the right to request proof of residence from you and any application for membership may be suspended until we are in receipt of satisfactory proof of residence. It is your responsibility to ensure that you comply completely with your own local, state or national laws. We will not be liable for any breach by you of any such laws.

5. Forming a contract between you and us

5.1 You should apply for membership by completing the online membership application, submitting the ‘fees’. Submitting an application for membership does not mean that your application has been accepted. Your application constitutes an offer to us. All applications are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email with a detailed description of this membership. The contract between us will only be formed when we send you the membership confirmation. A membership confirmation will be sent, subject to acceptance, on receipt of cleared funds in payment of the Fees.

5.2 We shall send to you by email details of the five numbers selected by your syndicate which will be entered into each Friday Euromillions draw by us during your membership in accordance with your instructions. From time to time, at our sole discretion, it may be necessary to consolidate syndicates for the Draws and in such event we shall notify you in writing of the five numbers which shall replace the Original Numbers (or any other numbers used for the Draws during your membership), which shall be entered into each Draw by us from the date of such notification.

5.3 We reserve the right to accept or decline any application for membership for any reason whatsoever.

5.4 Your membership will apply from the next Draw following the day of the membership Confirmation. For this purpose a day will close at 18.00 CET (GMT + 1) or one and a half hours before the closing time for the purchase of tickets for the next Draw whichever is the earlier and applications received after such time on the day of a Draw will not be eligible for the Draw on that date.

6. Account

6.1 The members' account to which deposits and cash winnings are allocated is neither a commercial nor personal finance account. The purpose of the account is solely for management of membership fees and earnings. Thus, the account will not accrue any interest and should not be used for any other purpose other than of Gluto.com related fees and earnings.

6.2 Closing 'My Account'
Having decided to terminate your membership with Gluto.com, you will need to decide on how you want to pay out the earnings remaining in your account. There are two options:

6.2.1 In accordance with the credit card scheme regulations you can choose to have the earnings paid out to the credit card used with Gluto.com. This should take approximately one week and will be made once your membership has officially been terminated (Gluto.com requires a minimum of 4 weeks notice).

6.2.2 You can choose to have the balance allocated to a charity of your choice. In order to do this, please inform us of the charity and its registration details, and we will make the pay out. Again, this will be made once your membership has officially been terminated.

7. Charges and payment

7.1 You shall pay to us the weekly fee set out in the Membership application monthly or weekly as appropriate and in advance.

7.2 The fees shall be paid to us by you in cleared funds.

7.3 The fees are liable to change at any time, but written notice of such changes will be provided to you no later than 14 days prior to such change.

7.4 Despite our best efforts, fees listed on our site may be incorrect. We will normally verify prices as part of our application for membership procedures so that, where a fee is less than our stated fee, we will charge the lower amount when providing the membership confirmation. If a fee is higher than the fee stated on this site, we will normally, at our discretion, either contact you for instructions before dispatching the membership confirmation, or reject your application and notify you of such rejection.

7.5 We are under no obligation to provide membership to you at the incorrect (lower) fee, even after we have sent you a membership confirmation, if the error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

7.6 Payment for the fees must be by credit or debit card or international money order. We may accept other payment methods from time to time at our sole discretion.

7.7 If payment of the Fees is not made on the due date for any reason whatsoever (including but not limited to credit card or debit payment card failure), without limiting any other rights we may have, we shall be entitled to immediately suspend and or terminate your membership without any liability to you whatsoever. If your membership is suspended and/or terminated by us from the date of such suspension or termination (whichever is the earlier) you shall be removed from the relevant syndicate and will not be entitled to any monies generated by any relevant Draws.

7.8 Notice of suspension and/or termination, as referred to in clause 12, shall be provided by us to you in accordance with clause 9.

7.9 You hereby acknowledge and agree that the fees represent a charge made by us in relation to the provision by us of syndicate management service and not for the purchase of lottery tickets.

8. Consumer rights - cancellation & refund policy

8.1 You may cancel your membership at any time by giving not less than 15 days notice prior to the last draw/participation date of your subscription, by using the facility in your member’s website in accordance with clause 9.

8.2 For the avoidance of doubt your membership will not apply to any Draws made after the date of cancellation of your membership and you shall not be entitled to any monies whatsoever in relation to any Draws after such date.

8.3 During the notice period you will be eligible to participate in syndicate entries in Draws for which we hold fees in your account but no further fees will be payable or accepted by us.

8.4 No refunds, returns or cancellations after purchase unless provided for under mandatory consumer law. In the unlikely event that a draw is delayed or postponed, you will still be required to participate in the number of draws selected (renewal interval) during the membership confirmation process. The Gluto.com syndicate service commences immediately once the fee has been received. All transactions are final.

8.5 This clause does not affect your statutory rights.

9. Our liability

9.1 Nothing in these terms and conditions shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.

9.2 We make no warranty that the services provided by us in relation to your membership will be uninterrupted, timely, secure or error-free. In the event of any system or communication error in relation to the generation of syndicate numbers we will not be liable to you as a result of any such errors and we reserve the right to withhold the payment to you of any Prize in such circumstances.

9.3 You acknowledge and agree that in accepting these terms and conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether or not such person is a party to these terms and conditions).

9.4 Our liability in connection with your membership and the services provided by us on this website is strictly limited to the aggregate total of the Fees paid by you to us in the week of the draw immediately preceding the event upon which such liability arose.

9.5 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

9.6 This clause does not affect your statutory rights.

10. Communication

Applicable laws require that some of the information or communications we send to you should be in writing. When using this website, you accept that communication with us will be mainly electronic. We will contact you by e-mail, SMS text messaging or provide you with information by posting notices on this website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

11. Transfer of rights and obligations

You may not assign, charge, sub-contract or otherwise transfer this contract, or any of your rights or obligations arising under this contract. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this contract, or any of our rights or obligations arising under this contract, at any time – providing such action does not serve to reduce the guarantees benefiting you under this contract.

12. Termination

We may terminate, vary or suspend your membership immediately and without prior notice:

a. if you breach these terms and conditions;
b. if at our sole discretion, we consider that your conduct compromises our position in any manner;
c. if we cease to offer the services relating to your membership and or advertised on this website;
d. for any other reason at our sole discretion.

13. Force majeure

Neither party shall be liable for any delay in or failure of performance under this contract caused by any contingency beyond its reasonable control (“a Force Majeure event”) provided that it gives prompt notice in writing of such Force Majeure event to the other party and notwithstanding such Force Majeure event, uses all reasonable endeavours to continue to perform its obligations under this contract.

14. Publicity

14.1 We reserve the right to publicise and promote details of Prize winners including but not limited to the sum of such Prize. We publish on our website the name and geographical location by country of all Prize winners and a condition of your membership is that you agree to us including your details on our website if you are a Prize Winner.

14.2 All media enquiries regarding us received by you must be referred to us immediately. You agree to fully indemnify us against all claims, losses, costs and expenses (including legal fees) arising out of any breach by you of the provision of this clause.

15. Third parties

A person who is not a party to this contract has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of this contract.

16. Intellectual property

All Intellectual Property Rights (including, without limitation, all database rights, rights in designs, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction) in any information, content, materials, data or processes contained in or to this website belong to Gluto.com or its licensed source. All rights of Gluto.com in such Intellectual Property Rights are hereby reserved.

17. Your information

Gluto.com’s usage of your personal information is governed by Gluto.com’s Privacy Policy Statement, which forms part of these Terms and Conditions.

18. Confidentiality

18.1 During performance of the services and thereafter, we will treat all Data as proprietary and confidential and will not disclose the same to any person except our employees, consultants, and subcontractors to whom it is necessary to disclose the Data for purposes of providing the services; provided, however, that we shall have the right to publicize statistical results of the services in a manner that does not identify the member or the specific nature of the services performed.

18.2 We may disclose Data to our employees, consultants, or subcontractors, provided that such employees, consultants, or subcontractors are subject to a written agreement that includes confidentiality terms at least as restrictive as those specified herein. Any employee, consultant, or subcontractor who is given access to the Data shall be informed by us of these Terms and Conditions.

18.3 We shall protect the Data by using the same degree of care as we use to protect our own confidential information, but in any event no less than a reasonable degree of care. Notwithstanding any other provisions herein, we shall have no liability or obligation to the member for, nor be in any way restricted in, its disclosure or use of any Data which (a) is already known to us; (b) is or becomes publicly known by any means whatsoever, through no wrongful act of us; (c) is received from a third party without breach of this contract; (d) is disclosed pursuant to an enforceable order of a court or administrative agency; or (e) is independently developed by or for us.

19. Waiver

Gluto.com’s failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gluto.com in writing.

20. Severability

These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.

21. Law and jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales and you hereby submit to the non-exclusive jurisdiction of the English courts.