Consumers Terms & Conditions

 

 

Last Updated: July 8th, 2024

 

 

 

  1. Overview and Acceptance of Use

Welcome to Lotando!

Lotando is an online curated jewelry marketplace connecting legal manufacturers and consumers, accessible through its websites (collectively, the “Site”) and mobile applications (collectively, the “Application”) (together, the “Services”). 

Throughout these Terms of Service (“Terms”), the terms “Lotando”, “our”, “us”, and/or “we” refer to Lotando Jewelry Marketplace S.L., CIF Number B72977762, located at Barcelona, Spain. 

 

The terms “you” and/or “your” refer to any visitor of the Site and/or the Application and any user of the Services, including any Member (as defined below). These Terms govern your access to and use of the Services and Collective Content (defined below), and constitute a binding legal agreement between you and Lotando.

Please read these Terms and our Privacy Policy, all of which are incorporated herein by reference and govern your access to and use of the Services. 

The Services are offered and available solely to users who are 18 or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Lotando and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services.

You acknowledge and agree that by accessing or using the Services (including by downloading or posting any content from or onto the Services), you agree to be bound by these Terms and all other Terms and Policies referenced in these Terms. This applies whether or not you have registered on or through the Services. If you do not agree, then you have no right to access or use the Services or collective content.

These Terms require the use of arbitration to resolve individual disputes, rather than jury trials or class actions, and also limit the remedies available to you should there be a dispute. Your agreement to these Terms indicates your express acknowledgement and agreement that you have read and understand how the arbitration provision set forth below works. 

 

Language Exclusivity Clause: 

This Agreement and any and all documents and communications related to this Agreement shall be drafted and executed exclusively in the English language. Any translations of this Agreement or related documents, whether oral or written, are for convenience purposes only and shall not be deemed as legally binding. In the event of any discrepancy, ambiguity or conflict between the English language version of this Agreement and any translated version, the English language version shall prevail and be considered the official and legally binding version. 

The parties acknowledge that they are fluent and proficient in the English language, and that any and all negotiations, discussions, communications, and documents related to this Agreement have been conducted in English. The parties waive any right to challenge the validity, enforceability, or admissibility of this Agreement and related documents based on any argument related to language or translation. This Language Exclusivity Clause shall survive termination or expiration of this Agreement for any reason. In agreeing to the terms of this Agreement, the parties confirm their understanding and acceptance of this Language Exclusivity Clause and all of its terms and conditions. 

 

The role of Lotando: 

Lotando provides an online marketplace for appropriately qualified sellers (“Seller”) to offer to sell goods (“Products”) to prospective purchasers (“Buyer”). 

In the event of a sale of any Product, the sale is made directly between the Seller and the Buyer, and is governed by these Terms.

The role of Lotando is expressly limited to making the Service available and maintaining the Service for Sellers and Consumers. 

 

Lotando is not an agent or intermediary or fiduciary for any Seller or Consumer for any purpose. Lotando is not responsible for the actual sale of any product and does not control the information provided by Sellers or Consumers nor their acts or omissions. Lotando is independent from the Seller and Consumer, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the operation of this Service by Lotando. 

 

It is important that you understand that the contract for the sale or the purchase of the products is between the Seller and the relevant Buyer. We are not buying the products and we do not sell the products. We are authorized by the relevant parties to conclude the contract on their behalf but we are not a party to that contract. 

 

Transfer of orders on your behalf: 

You agree that Lotando is authorized on your behalf to transfer your orders to the relevant Seller(s) for the purchase of the products. 

 

Relationship of the Parties: 

The Seller is responsible for accurately describing and pricing the Products it is offering for sale and for delivering the Products to the Buyer in accordance with the Sellers and Consumers Terms and Conditions, including transfer of title. 

The Buyer is solely responsible for determining the value, condition and authenticity of the Products being purchased and to pay the purchase price. 

The role of Lotando is expressly limited as set forth above. 

Lotando relies on the Sellers for such information and is not responsible in any way for the description or pricing of Products on the Service provided by the Seller. 

Lotando is not responsible for the transfer of legal ownership of Products from the Seller to the Buyer. 

 

 

  1. Modification

We reserve the right, at our sole discretion to modify, suspend, discontinue or terminate the Services or any content, feature or material we provide thereon, or to modify these Terms, at any time and without prior notice, and have no obligation to update any information thereon. 

We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. 

From time to time, we may restrict access to some or all parts of the Services to users, including Members. 

You agree that it is your responsibility to monitor changes to our Services. 

If we modify these Terms we will post the modification on the Site or via the Application and/or provide you with notice of the modification. By continuing to access or use the Services thereafter, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

 

 

3.Key Definitions

“Collective” means, collectively, Lotando Content and Member Content. 

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. 

“Lotando Content” means Content that Lotando makes available through the Services including any Content licensed from a third party, but excluding Member Content. 

“Member” means a person, physical or legal, that completes Lotando’s account registration process, as described under the “Account Registration” section below. 

“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to Lotando to be made available through the Services. 

“Legal Manufacturer” means the Person with legal authority to design, manufacture, package, re-package, label and re-label a product or device before it is placed on the market, regardless of whether these operations are carried out by that Person itself or on its behalf by another Person. 

 

 

  1. Account Registration

To access certain features of the Services and to post any Member Content thereon, you must register to create an account (“Account”) and become a Member.

 

Lotando offers two types of Accounts. 

The first is a “Seller Account” for sellers who offer to sell and/or sell their goods to Consumers through the Services (“Sellers”). 

The second is a “Consumer Account” for buyers who are physical persons who purchase goods through the Services for their personal use and/or to offer as a gift (“Consumers”). 

Consumers cannot offer to sell anything through the Services. 

 

Each type of Account gives access to different parts of the Services. 

As a Consumer, you may register directly via the Site or Application. 

During the registration process, you will be required to provide certain information, and you will create a username and a password. 

 

You agree that all information you provide to register for an Account (and/or for any subsequent activity or interaction with Lotando and the Services), including through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information or information you provide, consistent with our Privacy Policy. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. 

We reserve the right to temporarily suspend or permanently terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. 

You are responsible for safeguarding your password and you agree that you will not disclose it to any third party. You agree that you are solely responsible for any activities or actions under your Account, whether you authorized them or not. You will immediately notify us of any unauthorized use of your Account. 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. 

 

 

  1. Consumer Account

To purchase goods through the Services as a Consumer, you need to establish a Consumer Account, which is free. 

When you sign up as a Consumer, you will be required to submit customary information such as your first and last name, email address and other information about your delivery address and yourself. 

Before you make your first purchase as a Consumer, you will be required to provide additional information such as payment method information and any other information as may be required by Lotando. Additional detail regarding information collected can be found in our Privacy Policy. For clarity, your use of the Services as a Consumer is subject to these Consumer Terms of Service.

By submitting payment details in conjunction with registering for a Consumer Account and/or purchasing goods, you agree to pay for the goods purchased and any applicable taxes and other fees that may accrue, and authorize us to charge the payment method with the information you have supplied to us, and/or to credit such payment method to make any adjustments if necessary. 

We reserve the right to correct any errors in pricing. We, and the Seller, have the right to refuse any order. 

 

 

  1. Delivery

Your order will be delivered to you free of charge, DDP (Delivered Duty Paid) and all taxes included. 

 

The delivery procedure is as follow: 

Your jewel will be delivered by DHL Express. 

All shipmets are insured up to the full value of your purchase. 

You will have to show proof of your identity to the DHL Express courier. 

You will have to sign the proof of delivery supplied by the courier and the time of signature will be recorded and used as proof of delivery for return and other purposes.

 

The delivery timeline may vary based on the nature of the products ordered and your destination address. 

In the event that a delivery cannot be completed due to the absence of the Buyer at the specified address during the carrier’s allotted time, Lotando retains the right to deduct the cost (inclusive of all eventual customs duties and various taxes such as GST or VAT) of returning the products to the Seller from any refund due to the Buyer for the order. 

The risk associated with the products ordered (including but not limited to loss and/or damage) shall be transferred to you upon delivery at the address specified in your order. 

 

 

  1. Returns and Refunds

If, for any reason, you are not completely satisfied with a purchase we invite you to review the following Return and Refund Policy.

The following terms are applicable for any products that you purchased on lotando.com.


Your Order Cancellation Rights

You are entitled to cancel your order within 30 days after delivery, that is 30 days from the moment you received the order and have taken possession of the item delivered.

In order to exercise your right of cancellation, you must inform us of your decision by means of a clear statement.
You can inform us of your decision by sending us a message with your name, email and phone number, the order number and the reason for your decision to return the order on this page on our website: https://lotando.com/contact/.

Once your return request has been approved, we will send you by email a return label, using the same shipping method as the original delivery one.

You will need to pay the return fee and any applicable tax and duties to DHL in order to ship us back your product.

As soon as we receive it, we will proceed to the inspection of the returned product and all items from the original delivery package.

We will reimburse you no later than 14 days from the day on which we received the returned order.
Unfortunately, being unable to recover from the various tax and customs authorities the original taxes and duties paid, these will be deducted from our refund to you.
You can ask your local tax and customs authorities to reimburse the taxes and duties you originally paid.

We will use the same means of payment as you used for the order, and you will not incur any other fees for such reimbursement.
We will reimburse you in the currency you used for the payment of your purchase.


Conditions for Returns

For the order to be eligible for a return, please make sure that it was delivered in the last 30 days.

The product(s) must be returned unworn, undamaged and unused, with all tags attached and the jewelry box(es) and documents included and in perfect condition.

The following product(s) cannot be returned and reimbursed:
- Product(s) made to your specifications or clearly personalized.
- Product(s) which are, after delivery, according to their nature, inseparably mixed with other items.
- Product(s) which, for whatever reason, do not satisfy the Return Quality Control.

Once the product is returned to us, we will check it meticulously (precious metal quality and polish, diamonds and gemstones quality, weight etc.) and we will proceed to the refund ONLY if the product(s), the jewelry box(es) and all documents attached are in perfect condition.
If anything (product and/or product components, documents, jewelry box) from the original order is missing or damaged, the return cannot be accepted and the refund will be refused.
We reserve the right to refuse returns and refunds of any product that does not meet any or all of the above return conditions in our sole discretion.

Only regular priced products may be returned and refunded. Unfortunately, products on sale or promotion cannot be refunded.
This exclusion may not apply to you if it is not permitted by applicable law.


Faulty items

If you receive an order in a damaged packaging, please refuse to sign and do not accept delivery to the DHL courier at the moment of delivery.
Damaged packaging claim can only be claimed while in presence of the DHL delivery person so, make sure the packaging is in perfect condition when you receive the order.
Any damaged packaging claim, once the delivery has been accepted, cannot be eligible to a return and a refund.
If you refuse to sign the receipt and you refuse the delivery based on a damaged packaging, the shipping company will return the item to us and we will refund you the whole amount of your order.

Once you received the order and signed the delivery receipt to the DHL courier, if the jewel you received is in a flawed or damaged condition, the deadline for contacting us through our contact form at https://lotando.com/contact/ is 1 hour after the delivery has been accepted and the receipt has been signed.
Any claim based on a flawed or damage condition of the product(s), received by us through our contact form at https://lotando.com/contact/, later than one hour after delivery cannot be eligible to a return and a refund.


Returning Goods

You are responsible for the cost and risk of returning the order to us.
You should use the return label we send you by email after your return request has been approved and you must use the same shipping method and shipping company as the delivery of the product (for example : International Insured Shipment with DHL Express).
All return expenses, including new necessary packaging, insured shipping, any applicable taxes, duties and any other related costs have to be paid in full by you directly to DHL before the order is returned.
DHL will not be able to proceed with your return unless all incurred fees and costs have been paid in full by you.
We cannot be held responsible for products, packaging and documents damaged or lost in return shipment. Therefore, we will send you a return label using the same shipping method as for the original delivery.
We are, of course, unable to issue a refund without actually receiving the products in the return box and without being able to inspect the returned product(s) condition and quality.

  1. Ownership

The Services and Collective Content are each protected by copyright, trademark and other laws of the United Kingdom and foreign countries. 

You acknowledge and agree that the Services and Collective Content, excluding your specific Member Content, including all associated intellectual property rights, are the exclusive property of Lotando, its licensors and/or other providers of such material. Other than expressly stated herein, there are no implied licenses granted under these Terms. 

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content. Additionally, Lotando is the owner of pending, registered and/or unregistered trademarks, trade dress and trade name appearing on the Services, including the Lotando name and logo, and all related names, logos, product and service names, designs and slogans. You agree to not use such marks without Lotando’s prior written permission. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. 

 

  1. License Granted by Lotando

License Grant

Subject to the terms and conditions of these Terms, Lotando grants you: 

(a) a non-transferable, non-exclusive, revocable, limited license, with no right to sublicense, to use and access the Services, and to view any Collective Content to which you are permitted access solely for the purposes set forth in these Terms; and 

(b) a limited non-exclusive, revocable, non-transferable license to download and install a copy of the Application on your device solely in connection with your use of the Services. 

 

Restrictions

Except as otherwise stated, the rights granted herein are subject to the following restrictions: 

(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services or Collective Content; 

(b) you shall not copy, reproduce, disseminate, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, stream, broadcast, republish, download, disassemble, reverse compile, reverse engineer, store, post or transmit any of the material or content on our Services; and 

(c) you shall not interfere with or circumvent any feature of the Services, including any security or access control mechanism, in whole or in part, except as permitted in these Terms. 

 

Except as expressly granted in these Terms, no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lotando, its licensors or others. 

If you violate the rights of Lotando, its licensors or others, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. 

Lotando reserves the right to sue you in a court of law to recover any proceeds, benefits, advantages or any other kind of compensation you may have received by violating these Terms and any damages incurred by Lotando. 

 

  1. License Granted by Member

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content to us. 

By providing or otherwise making Member Content available to Lotando on or through the Services, you hereby grant to Lotando a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content on, through or by means of the Services and/or any of Lotando’s advertising, marketing, publicity or other initiatives or events. Lotando does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Content. 

 

You acknowledge and agree that you are solely responsible for any and all Member Content that you make available through the Services. 

Accordingly, you represent and warrant that: 

(a) you either are the sole and exclusive owner of all such Member Content or you have all rights, licenses, consents and releases necessary to grant to Lotando the rights in such Member Content as contemplated under these Terms; and 

(b) neither the Member Content or any portion thereof nor your posting, uploading, publication, submission or transmittal of the Member Content or Lotando’s use of the Member Content (or any portion thereof) on, through or by means of the Services and/or third party platforms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contain libelous, misleading, or otherwise unlawful, abusive, harassing or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, or result in the violation of any applicable law or regulation. 

 

You agree that you will not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any posts. You are solely responsible for any Member Content you make and its accuracy. 

Lotando takes no responsibility and assumes no liability for any Member Content posted by you or any third party, and you agree to indemnify Lotando per the terms of the Indemnification section herein. 

 

  1. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). 

You acknowledge and agree that if you submit any Feedback to us (through any communication channel), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. 

 

  1. Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. 

We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Services, or by anyone who may be informed of any of its contents. 

The Services include content provided by third parties, including materials provided by other users, Members, Consumers, bloggers and third party licensors. All statements and opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by Lotando, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Lotando. 

We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

 

  1. Links to Third Party Websites

The Services may contain links to third-party websites or resources. 

You acknowledge and agree that Lotando is not responsible or liable for: 

(a) the availability or accuracy of such websites or resources; or 

(b) the Content, products or services on or available from such websites or resources. 

Links to such websites or resources do not imply any endorsement by Lotando of such websites or resources or the Content, products or services available from such websites or resources. 

You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. 

 

  1. Prohibited Uses

You agree not to do any of the following: 

Post, upload, publish, submit or transmit any Content that: 

(a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; 

(b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; 

(c) is fraudulent, false, misleading or deceptive; 

(d) is defamatory, obscene, pornographic, vulgar or offensive; 

(e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 

(f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or 

(g) promotes illegal or harmful activities or substances.

(h) Use, embed, display, mirror or frame the Site or Application, or any individual element within the Services, Lotando’s name, any Lotando trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lotando’s express written consent or as enabled by features made available by Lotando (e.g., widgets) (you may link to Lotando’s homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent but you may not link to the Site in a libelous, misleading or otherwise unlawful manner, or in any manner that violates these Terms); 

(i) Access, tamper with or use non-public areas of the Site or Application, Lotando’s computer systems or the technical delivery systems of Lotando’s providers;

(j) Attempt to probe, scan, or test the vulnerability of any Lotando system or network or breach any security or authentication measures; (k) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Lotando or any of Lotando’s providers or any other third party (including another user) to protect the Services or Collective Content;

(l) Attempt to access or search the Services or Collective Content or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Lotando or other generally available third party web browsers; 

(m) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to, through, or with any assistance from, the Services; 

(n) Use any meta tags or other hidden text or metadata utilizing a Lotando trademark, logo URL or product name without Lotando’s express written consent; 

(o) Use the Services or Collective Content in any manner not permitted by these Terms; 

(p) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information; 

(q) Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services or Collective Content;

(r) Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing the Services;

(s) Collect or store any personally identifiable information from the Services from other users of the Site, Services or Application without their express permission and in a manner that does not violate Lotando’s Privacy Policy;

(t) Impersonate or misrepresent your affiliation with any person or entity; 

(u) Violate any applicable law or regulation; or encourage or enable any other third party to do any of the foregoing. 

 

Lotando will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Lotando may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. 

You acknowledge that Lotando has no obligation to monitor your access to or use of the Services or Collective Content, or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Lotando reserves the right, at any time and without prior notice, to remove or disable access to any Member Content or Collective Content that Lotando, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services. 

 

Lotando reserves the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies if Lotando suspects illegal activity may be taking place. 

 

  1. Text Messages and Telephone Calls

Lotando, and those acting on Lotando’s behalf, may contact you by telephone or text message (including through use of an automatic telephone dialing system) at the phone numbers you have provided to us. These messages may include operational messages about your use of the Service. 

You understand that you are not required to consent to communications as a condition of purchasing any property, goods or services. You may opt out of receiving telephone calls or text messages from us at any time, either by texting the word “STOP” in response to a text message received from us using the mobile device that is receiving the messages. You may continue to receive text messages for a short period while Lotando processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality of the Services. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. 

 

16.Procedure for Claiming Intellectual Property Infringement – DMCA Notice

Lotando respects intellectual property laws and expects its users to do the same. It is Lotando’s policy to terminate, in appropriate circumstances, Members or other account holders who infringe or are believed to be infringing the intellectual property rights of others. Click here for Lotando’s Copyright & IP Policy. 

 

  1. Information We Collect About You

All information we collect about you when you apply for an account or use or visit the Services is subject to our Privacy Policy. 

By using the Services, you consent to the terms and conditions of the Privacy Policy and all actions taken by us in accordance with it. 

 

  1. Termination and Account Cancellation

If you breach any of these Terms, Lotando will have the right to suspend or disable your Account or terminate these Terms, in its sole discretion and without prior notice to you. Lotando reserves the right to revoke your access to and use of the Services and Collective Content at any time, with or without cause. 

In the event Lotando terminates these Terms for your breach, you will remain liable for all amounts due hereunder. 

 

  1. Disclaimers

The services and collective content are provided “as is”, without warranty of any kind, either express or implied. without limiting the foregoing, Lotando explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. 

Lotando makes no warranty that the services or collective content will meet your requirements or be available on an uninterrupted, secure or error-free basis. 

Lotando makes no warranty regarding the quality of any products, services or collective content purchased or obtained through the services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the services. 

No advice or information, whether oral or written, obtained from Lotando or through the services or collective content, will create any warranty not expressly made herein. 

 

  1. Indemnity

You agree to defend, indemnify, and hold Lotando, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Terms, and/or any law or the rights of a third party, and/or your use of the Services, including your Member Content. 

 

  1. Limitation of liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services and collective content remains with you. 

Neither Lotando nor any other person or entity involved in creating, producing or delivering the site, services, application or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the services or collective content, or from any communications, interactions or meetings with other users of the services or other persons with whom you communicate or interact as a result of your use of the services whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Lotando has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Lotando’s aggregate liability arising out of or in connection with these terms or from the use of or inability to use the services or collective content exceed US$100. 

 

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Lotando and you. 

 

  1. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the United Kingdom without regard to its conflict of laws provisions. 

The exclusive jurisdiction and venue of any action or court proceeding permitted under these Terms will be the London Court of International Arbitration, United Kingdom and each of the parties hereto waives any objection to jurisdiction and venue in this court. 

 

  1. Export Control

You agree to comply fully with all U.K. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. 

You represent and warrant that: 

(a) you are not located in a country that is subject to a U.K. Government embargo, or that has been designated by the U.K. Government as a “terrorist supporting” country; and 

(b) you are not listed on any U.K. Government list of prohibited or restricted parties. 

 

  1. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Lotando’s prior written consent. 

Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Lotando may assign or transfer these Terms in its sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. 

 

  1. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: 

(a) by Lotando via email (in each case to the primary account email address that you provide); 

(b) by posting to the Site; or 

(c) via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. 

 

  1. Dispute resolution - arbitration

Please read this arbitration provision carefully because it affects your rights. 

 

You and Lotando agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration. 

 

You acknowledge and agree that you and Lotando are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. 

Further, unless both you and Lotando otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. 

 

Arbitration Rules and Governing Law

The arbitration will be administered by the London Court of International Arbitration in accordance with the LCIA Arbitration Rules (the “LCIA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and the Governing Law will be the Law of the United Kingdom. 

 

Arbitration Process

In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the LCIA Mediation Rules, which Rules are deemed to be incorporated by reference into this clause. 

If the dispute is not settled by mediation within 180 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.

The language to be used in the mediation and in the arbitration shall be English. 

The governing law of the contract shall be the substantive law of the United Kingdom. 

In any arbitration commenced pursuant to this clause, the number of arbitrators shall be one; and the seat, or legal place, of arbitration shall be London. 

 

Fees

Your responsibility to pay any LCIA filing, administrative and arbitrator fees will be solely as set forth in the LCIA Rules. 

If applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Dispute Resolution provision to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. 

 

  1. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Lotando and you regarding the Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lotando and you regarding the Services and Collective Content. 

 

  1. Miscellaneous

The failure by Lotando to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. 

The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lotando. 

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. 

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. 

Throughout these Terms, the word “include” or “including” means “including, but not limited to”. 

Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.

 

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