Terms and Conditions

Welcome to lottonom.com!

These terms and conditions outline the rules and regulations for the use of lottonom.com‘s Website, located at https://lottonom.com/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use lottonom.com if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: ‘Client‘, ‘You‘ and ‘Your‘ refers to you, the person log on this website and compliant to the Company‘s terms and conditions. ‘The Company‘, ‘Ourselves‘, ‘We‘, ‘Our‘ and ‘Us‘, refers to our Company. ‘Party‘, ‘Parties‘, or ‘Us‘, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Electronic Communication

When you use the Lottonom Services or send e-mails, text messages, or other communication from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or communication via our discussion forum. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and Other Rights

All content included in or made available by Lottonom, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads and data compilations is the property of Lottonom and is protected by Indian and international copyright and authors’ rights laws and (where applicable) database right laws. Other than to the extent necessary to use the Lottonom Services for their permitted purposes and in accordance with these Terms, you may not copy, extract and/or re-utilize any content of Lottonom without our express written consent, including, without limitation, any listings, descriptions, prices and account information. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the Lottonom Services or their content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of the Lottonom Services or their content without our express written consent.

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Lottonom Services are trademarks of Lottonom. Lottonom’s trademarks may not be used in connection with any product or service that is not Lottonom’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Lottonom. All other trademarks not owned by Lottonom that appear in the Lottonom Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lottonom. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Lottonom without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Lottonom’s names or trademarks without our express written consent.

Your Account

By registering and creating an account with Lottonom, you represent and warrant that you are over 18 years of age and you can form legally binding agreements under applicable law. If you are registering an account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity. Unless authorized by Lottonom in writing, you may have only one account, unless authorized by Lottonom in writing. You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of these Terms, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you. Lottonom is not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorized manner. You must ensure that the details you provide to us are correct and complete and inform us of any changes. You can access and update certain information you have provided to us via your account dashboard. If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws or these Terms, we reserve the right to take action on your account in accordance with these Terms, including without limitation by (a) refusing service, (b) suspending or restricting access to your account, (c) terminating your account, or (d) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the Lottonom Services, the circumstances, and our assessment of relevant factors.

Lottonom‘s Role

Lottonom allows third-party sellers to list and sell their assets using the Lottonom Services. Lottonom does not own, create, sell, resell, provide, control, offer or deliver listings or the assets contained therein. The relevant seller is indicated on the respective listing page. While Lottonom helps facilitate transactions that are carried out on the Website, Lottonom is not a buyer or seller in any transaction involving the seller’s assets or any other transaction among users of the Services. Lottonom provides an avenue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract agreed to by the sellers and buyers regarding the seller’s assets is solely between the buyer and seller. Lottonom is not a party to this contract and does not assume any responsibility arising out of or in connection with the contract and/or the transaction. Lottonom does not act as an agent for the buyer or seller. The seller is solely responsible for the sale of their assets and the buyer is solely responsible for the purchase of the assets. By using the Services, buyer and seller acknowledge that in the event of a dispute between a buyer and seller, Lottonom is not a party to any transaction among the parties and therefore will not participate in any such dispute, except as follows. Buyer and seller acknowledge and agree that Lottonom may, upon receiving notice of a dispute from either party, and only prior to the shipping and/or delivery of the assets or under any circumstance where the following is not possible, choose in its sole and absolute discretion to cancel the transaction. In such an event buyer and seller acknowledge and agree that neither party shall have any cause of action against Lottonom and in the event either party should pursue litigation against Lottonom the non-litigating party shall hold Lottonom harmless in accordance with clause 22.

  1. the existence, quality, suitability of legality of a listed asset;
  2. the truth, accuracy or completeness of the information contained in a listing;
  3. the future performance of a listed asset;
  4. the performance or conduct of a buyer or seller or third-party on the Website; and/or
  5. the quality, suitability or ability of a third party which provides goods or services to Lottonom or to a buyer or seller.

Your decision to purchase a listed asset shall be based solely on your own investigation and that of your legal, tax and other advisors. You accept sole responsibility for examining and investigating an asset and all information in a listing. This includes, but is not limited to, associated liabilities, financial statements, tax returns and any other facts or information which may impact your decision to purchase that listed asset and the price you are willing to pay. You understand that Lottonom may display only a summary description of a listed asset. To help facilitate a safe, secure transaction and to preserve the integrity of the Lottonom Services, you can access legal services and template legal documents via LottonomLegal powered by Contracts Counsel. You acknowledge that you use these documents at your own risk. You agree that Lottonom nor Contracts Counsel has not in any way provided legal or financial advice by providing these documents or made representations or warranties that they are suitable for your requirements or needs and may not be appropriate or suitable to the sale or purchase of a particular asset. Lottonom recommends all parties seek their own independent legal advice in relation to the documents.

Listing Rules

The following assets may be listed for sale on Lottonom:

  1. A brand name relating to a business, including any registered trademarks specified in the listing;
  2. any records;
  3. all rights to a domain name;

For the avoidance of doubt, Lottonom does not promote, encourage or facilitate the sale of securities using Lottonom Services. When you create a listing, you will be asked to provide complete and accurate information about your asset, including, but not limited to a business description and current and historical financial data. You are responsible for your listing and keeping your listing information up to date at all times. You will also be asked to set an asking price for your asset/s, either a set price in the case of a fixed-price listing or a starting price, reserve price, and optional buy it now price, in the case of an auction-format listing. Please be aware that Lottonom may, in its sole discretion, prevent you from listing your asset for sale, or suspend an existing listing, if it considers that a price set is unreasonable or not aligned with market value.

You warrant and represent to Lottonom and to each buyer that:

  1. you own the asset or are entitled to sell the asset;
  2. you are the owner of all intellectual property rights, including but not limited to copyright, patent, trademark, designs whether registered or not and throughout the world and all other rights, title and interest in the asset,
  3. the asset is transferable to a buyer; and
  4. any and all agreements with third parties are transferable to the Buyer. You must not create a listing for an asset which is:
  5. is obscene, vulgar and/or deemed by Lottonom to be offensive;
  6. contains material which infringes the rights of a third party or which assists others to infringe the rights of a third party;
  7. is engaged in activities which contravenes law of any territory; or
  8. Lottonom deems inappropriate or in breach of these Terms.

Listing Types

Lottonom enables two kinds of listings — lottery-format listings and fixed-price lottery listings.

With lottery listing the seller of the asset will mention a predefined duration whenthe lottery may end. On completion of the duration. winner is picked and the winner's email is shared with the seller and they communicate in their preffered email software to initiate asset transfer.

with fixed-price lotteery listing when the lottery reaches the selling price stated by the seller during the creation of the lottery, a winner is picked and Asset transfer pricess is initiated.

Exclusivity

If a listed asset has a set asking price, in the case of a fixed-priced listed, or a reserve price, in the case of an auction-format listing, equal to or above USD $25,000, you agree that you will promote and/or sell that asset exclusively using the Lottonom Services. For the period in which your listing is live on the Website and for 90 days from the date you remove your listing, you warrant that you will not use any other platform, marketplace or service, including a broker service, to promote or sell your asset, without the express written permission of Lottonom.

If Lottonom discovers that you have been in violation of this clause 10, you acknowledge and agree that lottonom has the right to immediately suspend your listing and terminate your account and may, at its discretion, take action against you to recover a success fee.

Out Fees

You will be charged a purchase fee for every purchase of a ticket for any lottery listed on lottonom.

Payment Processing

Lottonom is not an escrow service and does not hold property on behalf of any person. Lottonom is not a payment provider. For the purposes of facilitating a transaction, any and all payment processing services through or in connection with your use of the Lottonom Services are provided to you by one or more independent third-party service provider, as appropriate. You hereby consent and authorize Lottonom to share any information and payment instructions you provide with any third-party service provider(s).

Third Party Links

The Website may contain links to third-party websites or resources that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest or Google Analytics). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. Lottonom is not a party to those agreements — they are solely between you and the third party.

Prohibited Activities

You may not use the Lottonom Services:

  • in any way that causes, or is likely to cause, any Lottonom Service, or any access to it to be interrupted, damaged or impaired in any way.
  • in any way that may interfere with or harm any other user of the Lottonom Services;
  • for fraudulent purposes, or in connection with a criminal or other unlawful activity,
  • in any manner that is not permitted under these Terms.

Disclaimer & Liability

Unless otherwise specified in writing, Lottonom disclaims, and does not make, any representation or warranty of any kind in respect of the Lottonom Services including without limitation any representation or warranty,

  • (a) that they are free of viruses or other harmful components;
  • (b) that your use of the Lottonom Services will be uninterrupted or error-free; or
  • (c) as to the suitability or availability of the Lottonom Services.
    Lottonom will not be responsible for:
  • (a) losses arising from the unavailability of, or your inability to use the Lottonom Services
  • (b) losses that are not directly caused by any breach on our part;
  • (c) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;
  • (d) any indirect or consequential losses;
  • (e) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

For any other loss relating to the Lottonom Services, we limit our liability to the amount you have paid to us for the relevant Lottonom Services. Nothing in these conditions is intended to:

  • (a) override any express commitments Lottonom gives to you with respect to the Lottonom Services (for example, the provision of a refund in certain circumstances) or
  • (b) exclude, restrict or modify any right or remedy you have in statute including under the Indian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non-excludable right or remedy.

Notices

Lottonom may give notice by means of a general notice on the Website, electronic mail to the email address on your account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by mail or pre-paid post to any address connected with your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Lottonom, with such notice deemed given when received by Lottonom, at any time by mail or pre-paid post to our registered agent for service of process, Lottonom.

Amendments

We reserve the right to make changes to our website, these Terms, our policies, and our listings at any time by posting the changes on our website. Your continued access to or use of the Website and Lottonom Services will constitute acceptance of the revised Terms.

Entire Agreement

These Terms supersedes all prior representations, arrangements, understandings, and agreements between the parties relating to the subject matter and sets forth the entire and exclusive agreement and understanding between the parties.

Cookies

We employ the use of cookies. By accessing lottonom.com, you agreed to use cookies in agreement with the lottonom.com‘s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user‘s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, lottonom.com and/or its licensors own the intellectual property rights for all material on lottonom.com. All intellectual property rights are reserved. You may access this from lottonom.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from lottonom.com
  • Sell, rent or sub-license material from lottonom.com
  • Reproduce, duplicate or copy material from lottonom.com
  • Redistribute content from lottonom.com

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. lottonom.com does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of lottonom.com,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, lottonom.com shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

lottonom.com reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant lottonom.com a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of lottonom.com; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to lottonom.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of lottonom.com‘s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.