Terms
Lottopreview.com is a web based application that provides a service to a community of subscribers. The services relate to training, testing, aggregating and applying techniques to preview future events or information.
The use of psychic abilities to predict future event is controversial and difficult to prove and as such Profit Search Enterprises makes no claim or provides no guarantee that these techniques work. Instead we provide potential subscribers with a free preview test, which based on the results potential subscribers can decide for themselves whether the techniques work.
Profit Search Enterprises also makes no claim or provides no guarantee that initial successes can be repeated. While there seems to be support that previewing, like many other skills can be developed and can provide consistent results, we know far too little about the workings of our psychic abilities to be able to offer any guarantees to its reliability. The potential subscriber or subscribers have the sole responsibility to develop an retain this ability. To assist lottopreview.com provides free training for potential subscribers and advanced training to subscribers, but offers no guarantee to the effectiveness or results of this training.
Profit Search Enterprises makes no claim or provides no guarantees to the accuracy or the reliability of any association between previewing targets and future events or outcomes of random or other processes. This implies that even when a target has been correctly identified, it may still fail to predict the target that it is associated with.
Profit Search Enterprises makes no claims or provides no guarantees to individuals or collectively to the community, that it can predict future events. Subscribers therefore remains the only judge whether lottopreview.com assists them individually and collectively to predict future events.
Subscribers have a money-back guarantee if the service is cancelled within 30 days from the date of subscription oe renewal of a subscription.
Profit Search Enterprises specifically excludes any direct, potential or subsequential damages suffered by subscribers in the use of the lottopreview.com site or information provided by the site. This includes the use of and reaction to information shared, specifically pertaining to predicted events or outcomes.
Profit Search Enterprises provides no guarantees and has no control over the actions of third parties, including but not limited to lotto operators. This is a risk that subscribers accept. Any disputes between subscribers and third parties would remain between these parties and Profit Search Enterprises does not accept any responsibility or liability pertaining to such disputes nor will it be obliged to get involved in resolving such disputes.
Profit Search Enterprises makes not claim and accepts no responsibility of the influence the community may or may not have on the outcome of future events, whether this may be implied or not in any content, comment, or publication.
Profit Search Enterprises provides a service to a community of subscribers through the lottopreview.com website and associated applications. Should this service not be available for any reason including by fault of negligence of any staff, third party provider, or any other party involved in the provision of the service, PSE would not be liable for any direct or consequential damages including potential loss due to not being able to act on predictions in time.
In addition to the above, PSE would never be liable for more than the unused or remaining portion of any subscription fees. Such claims should be made to PSE in writing and if approved PSE should be allowed adequate time to process such claims. PSE would not be liable unless such claims are made in writing and in a timely manner as determined in the sole discretion of PSE.
While PSE will apply what it considers adequate security and prudence in the management and administration of the site, PSE is not be liable for mistakes, negligence or intentional actions to disrupt the service, or to ‘hack’ the site whether from staff, agents or third parties. To limit risk to subscribers Profit Search Enterprises does not hold any payment information in its databases such as credit card details. The site requires only a name and surname of the account holder as well as an e-mail address, password and a username to participate in forums.
The site also holds information on the previewing performance of individual members and collectively as a community. (please refer to the privacy policy)
The aggregated preview results of the community (collective prediction) subject to copyright owned by Profit Search Enterprises. It is considered to have potential value and as such it is shared with subscribers on the basis of a license to use. The license to use the collective prediction of a specific lot is limited to use by subscribers who participated in the previewing of the lot. The collective prediction may not be reproduced in any form or copied or forwarded or shared with anyone other than for the sole purpose of purchasing one lotto ticket in their own name. Subscribers share a duty of care of the collective prediction. Profit Search Enterprises retain the right to publish these collective predictions following the outcome of the lotto draw.
All information , procedures, processes and applications on the lottopreview.com site irrespective of the source is the property of Profit Search Enterprises. This includes any emails, publications, or discussions on the community forms. By participating in and submitting information, photos or other artifacts to the lottopreview.com site subscribers agree to transfer any copyright or other rights to Profit Search Enterprises.
Subscribers undertake not to solicit or share personal details and contact information including e-mail addresses via the lottopreview.com forums or site or use such information to conduct any similar activities in competition with lottopreview.com and the previewers community.
Subscribers agree to abide by the rules of the community as contained in legal agreements and the site content. The objective is to create a vibrant and loyal community and as such the rules may be amended or changed with or without prior notification. Should any particular community member feel that the services offered to them have been substantively altered to the effect that they no longer want to be a part of the community, such members may apply to Profit Search Enterprises for a refund of the remainder of their subscription fee. PSE will in their sole discretion comply or not comply with such a request.
PSE in its role as the custodian of the community, may in its sole descretion and without having to provide justification terminate the subscription of and individual subscriber. such members may apply to Profit Search Enterprises for a refund of the remainder of their subscription fee. PSE will in their sole discretion comply or not comply with such a request.
TERMS OF USE
IMPORTANT NOTICE:
These Terms of Use apply to all users (including casual visitors) to the Site and form the Contract between users and Profit Search Enterprises, the owner and operator of the Site. The Terms of Use also contain important disclaimers of liability – please read the Terms of Use carefully.
1. DEFINITIONS
1.1. On this Site and in these Terms of Use the following words and phrases have the meanings assigned to them:
1.1.1. User means all visitors to the Site, whether or not they use any of the Services, or participate in any of the activities, and whether or not they subscribe to the Site; and includes Subscribers. Where the term ‘User’ is used in these Terms of Reference they also, where the context so indicates, refer to the party contracting with the Company through entering the Site;
1.1.2. Subscriber means a User who subscribes to use the Services and has paid the subscription fee;
1.1.3. Company means Profit Search Enterprises Pty Ltd, a company incorporated in Australia, and includes where appropriate this Site;
1.1.4. Site means Lottopreview.com owned and operated by Profit Search Enterprises Pty Ltd;
1.1.5. Previewing means the activity when a person, through an act of will, is able to see an image or information of what the person will in reality only see at some later point in time in the future;
1.1.6. Site Content means everything contained on the Site including but not limited to all text, code, information, images, ideas, training material, articles, blogs, applications, processes, community forums and social interaction software and data.
1.1.7. Use means activities in relation to the Site including but not limited to visiting, opening, reading, clicking on and participation in the Site;
1.1.8. Service means the provision of information and activities to Users to facilitate and assist Users and Subscribers in previewing information and predicting the outcomes of future events.
1.1.9. Site Content means both Content and User-generated Content;
1.1.10. Subscription Fee means the amount to be paid in respect of a Subscription. This amount will be announced from time to time on the Site;
2. INTERPRETATION
2.1. Unless the context clearly indicates the contrary,
2.1.1. Any reference to the plural includes the singular and vice versa; and
2.1.2. Any reference to any one gender includes a reference to any other gender.
3. WHAT THIS SITE IS ABOUT
3.1. This Site offers information on Previewing as an activity. It also adopts the point of view that persons will be able to see information associated with the winning numbers of the lotto, and that by combining the previewing efforts of different previewers, the accuracy of the previewed numbers will increase.
3.2. This Site therefore provides an opportunity for Users to become part of a community of previewers.
4. THE SERVICES
4.1. The Site offers information services including the Content to facilitate and assist visitors and subscribers to preview information and to predict the outcome of future events.
4.2. By subscribing to the Service the User purchases, or intends to purchase, the services of training and facilitation of the previewing process provided by the Site subject to these Terms of Use and the various disclaimers in particular.
4.3. Users may use the Site to make predictions as to the outcome of future events (the “Predictions”). The Site and the Company have no control over the User’s predictions and do not provide any guarantee or warranty as to the correctness of the predictions of individual users, groups of users or the community.
4.4. SITE CONTENT
4.4.1. Users may generate material on the site or that will be submitted to the Site. User-generated Content includes predictions and submissions made by Users to the Site, including but not limited to pictures, ideas, articles, and predictions.
4.4.2. The use and sharing of any Predictions are at the sole discretion of the Company
4.4.3. By submitting content to the Site the content submitted forms part of the Site Content, and the User grants the Site and the Company a perpetual license to publish, use and deal with the Content as the Site or the Company deems fit, without compensation.
4.4.4. All Content, including all User-generated Content, (jointly referred to as the ‘Site Content’) is owned by the Company, and Users do not have any claim to or ownership of or title in the Site Content.
4.5. Subscribers of this Site may choose to become a member of a community of previewers on the Site (‘Previewing Community’). The Subscriber who is a member of a Previewing Community:
4.5.1. Will share in the aggregated previewing information of all members of the Previewing Community as determined by the community rules;
4.5.2. Hereby irrevocably consents to the publication of information generated by the User to all members of the Previewing Community, on condition that personal and private information will not be made known to any other User, in accordance with the Privacy Statement below;
4.5.3. Hereby agree to abide by the rules of the Previewing Community as described in the Site Content from time to time, and which are hereby incorporated into these Terms of Use by reference.
4.5.3.1. The rules of the Previewing Community are determined exclusively by the Company and may be amended at any time by notification on the Site. Amendments may take effect immediately and advance notice of amendments may not be given in all circumstances. Users who do not agree with such amendments may terminate their subscription as set out below and will have no further claim against the Company.
4.6. A Subscriber may be given a “previewer status” based on the Company’s opinion of the Subscriber’s previewing success. This status is assigned for the sole purpose of the proper functioning of the Previewing Community and is not a qualification, neither does it represent a qualification. The status may only be used within the community unless permission is granted in writing by the Company to use it in any other context.
4.7. The User undertakes to use the Site Content in a reasonable manner, and generally in the same manner as any other proprietary educational material. The User hereby acknowledges and accepts that reliance on the Site Content to the exclusion of his/her own personal judgment is dangerous and is not recommended by the Company.
5. PERSONS PROHIBITED FROM BEING USERS OF THE SITE, AND UTILISING THE SITE AND THE SERVICES
5.1. This Site may not be suitable for all potential users. The User warrants that he/she is allowed to use the Site and the Services and does not fall within any one of the categories of prohibited persons listed in this clause.
5.2. This Site may not be used by persons under the age of 18 and persons under the age of 18 may not become subscribers. The User warrants that he/she is 18 years of age or older.
5.3. This Site and the Services may not be used by persons who have or who may likely have a gambling addiction. The User warrants that he/she does not have a gambling addiction and is capable of taking conservative, reasonable and responsible decisions.
5.4. This Site and the Services may not be used by persons whose reasoning capabilities may have been, or have actually been detrimentally affected for instance through the use of alcohol, prescription or other drugs, or by a psychological, psychiatric or physical disorder. The User warrants that he/she has the requisite legal competence to enter into the contract with the Company in terms of these Terms of Use.
5.5. Entry to this Site at any time is subject to the Terms and Conditions of Use of the Site. The Terms of Use apply to both Users and Subscribers. By entering, using or subscribing to the Site, the User acknowledges his/her agreement with the Terms and Conditions of Use. The User acknowledges that he/she understands that by entering this Site, the User does so subject to these Terms of Use.
6. SUBSCRIPTION
6.1. Users may subscribe to certain Services as set out in these Terms of Use and as further provided on the Site.
6.2. If the User wishes to subscribe, the User agrees to follow the steps set out on the Site and to pay the appropriate subscription fee.
6.3. Termination of Subscription
6.3.1. The Company reserves the right to terminate the subscription of any Subscriber for any reason in the sole discretion of the Company. The subscription may be terminated before or after notice of termination has been given although the Company will endeavor to terminate a subscription only after having given notice to the Subscriber. Notice will be given to any of the contact addresses supplied by the User. The Company will refund to the User a pro rata amount of the Subscription Fee for the time of the User’s remaining subscription.
6.3.2. A User may cancel his/her subscription within the first 30 days of the start of the subscription period by unsubscribing to the Service as provided for on the Site, and the Company will provide the User with a full credit for the cancelled subscription period.
7. PAYMENTS
7.1. The User undertakes to effect the payment to subscribe to the Services in accordance with the requirements of the Site and any specific requirements of PayPal. The User undertakes to effect payment on the due date, failing which the User’s subscription will not take effect.
7.2. The User will abide by the requirements of PayPal, with regards to the payment of the subscription fee.
7.3. The User acknowledges that the Site and the Company are not involved in the payment process and the User indemnifies the Company from and against any claim, loss, damage or liability it may suffer as a result of the User’s use of the Paypal service.
8. DISCLAIMER AND INDEMNITY
8.1. The User hereby indemnifies the Company, the Company’s suppliers and all other users or subscribers to the Site from and against any claim, loss, potential loss, liability and damage (whether direct or consequential or indirect in nature) that may result from the use of the Site or the sharing of Site Content by the User, and the Company acts as agent for such third parties in this contract. The User and the Company agree that this general disclaimer and indemnity is not restricted or reduced by any of the specific clauses below.
8.2. Neither the Company, nor any natural or legal person associated with this Site or the Company, promises or guarantees that Previewing can accurately predict the outcome of future events and any contrary impression created by this Site is unintentional and is hereby expressly denied. The User hereby indemnifies the Company from any claim, loss, liability or damage suffered by the User as a result of inaccurate predictions either by the User, any other User and/or the Previewing Community or any of its individual members.
8.3. By entering this Site, taking part in any of its activities, and/or subscribing to the Site, the User does so entirely at the User’s OWN RISK.
8.4. Any and all information that the User decides to share and/or any action or inaction that the User decides to take based on any predictions made, whether by the User or by any other person, User, Subscriber or member of a Previewing Community, are done entirely at the User’s OWN RISK and the User indemnifies the Company from and against any claim, loss, damage or liability that the User may suffer as a consequence. The user acknowledges that he/she understands and agrees that any previewing result should be treated with the greatest caution and with common sense, even if it comes from the community of dedicated previewers.
8.5. Nothing contained in or on this Site will be construed by the User to be an encouragement to take risks that would be unreasonable, risky, irrational, or irresponsible in the circumstances of the User, and in particular the User understands, acknowledges and accepts that the Company does not encourage gambling, betting or other forms of gaming and provides the Services only as an alternative method of selecting numbers in the event that the User wishes to purchase a lottery ticket. Any contrary impression created by this Site and the Company is unintentional and is hereby expressly denied.
8.6. The Company does not guarantee the validity, correctness or accuracy of the Site Content and any information provided on this Site.
8.7. The Company does not guarantee or warrant, and the User agrees and acknowledges that there are no implied guarantees or implied warranties on the Site or by the Company, that the User or the community of Users as a whole or in part will acquire the skills to make any or accurate Predictions by using the Site and the Services offered. Without limiting the generality of this sub clause and the disclaimer and indemnity in its entirely, the User hereby indemnifies the Company in particular from and against:
8.7.1. The cost of lottery tickets that do not contain any or all of the winning numbers;
8.7.2. Any potential winnings in a lottery if:
8.7.2.1. The numbers played by the User, based on his/her own predictions and/or that of the Previewing Community, are not the winning numbers, or do not result in any winnings; and
8.7.2.2. The Site is not available for previewing at any time or the information from the Previewing Community is not provided or is not provided accurately by the Site to the User; and
8.7.2.3. The Site does not timeously send out the previewed lottery numbers as previewed by the User and/or the Previewing Community or the user does not receive the previewed numbers in time.
8.8. The Company will endeavor to provide the Service consistently and with due care, however, the Site is an internet based service and the provisioning of the Service is subject to many third parties and intermediate service providers. As such the Company cannot and does not guarantee the provision of the Service at all. The Company may in its sole discretion compensate Subscribers for a substantial disruption or interruption in service (being either a disruption or interruption in service of a week, or frequent shorter disruptions or interruptions that amount to a substantial disruption or interruption over the period of one week) up to a maximum of the subscription fee for one week. If the service disruption or interruption is for two weeks or more or there are frequent shorter disruptions or interruptions over a period of two weeks or more, resulting in a substantial disruption or interruption, the Company’s maximum liability to the Subscribers will be the subscription fee of two weeks.
8.9. The Company will under no circumstances be liable for any potential or consequential losses due to the Service not being available or Content not accessible, supplied, or not accessible or supplied in time, irrespective of the cause of such failure of service, and the User hereby indemnifies the Company from and against any such claims, losses, liabilities or damage.
8.10. Provision of the Services requires access to the internet, access to e-mail and may require transfer of files. The Company cannot and does not warrant that this Site or the servers that makes the Site Content (including e-mail) available, are fee of viruses or other similar harmful components, code or messages. The User agrees that the User is solely responsible for any loss or damage that the User or any other person for whom the User may be responsible may suffer as a result of viruses or similar harmful software and other components, code or messages, and the User accepts responsibility to safeguard himself/herself against risks pertaining to the use of the internet in general and this Site in particular.
8.11. USER SUBMITTED CONTENT
8.11.1. By submitting content to the Site the User indemnifies the Company from and against any claim, loss, damage or liability arising from any infringement of intellectual property rights by the submission of content to the Site. By using this Site and by submitting content to the Site the User hereby indemnifies the Company, its suppliers, users and subscribers and from and against any and all claims, losses, damage or liabilities that the Company, its suppliers, users or Subscribers may suffer as a result of any infringement of intellectual property rights of a third party.
8.11.2. Users undertake to obtain permission to submit content to the Site and to acknowledge any source or possible copyright held by a third party of any content submitted to the Site. By using this Site and uploading content the User warrants that all content submitted is content that the User is legally and morally entitled to submit.
9. APPLICATION OF THE TERMS OF USE
9.1. The content and use of the Site are subject to the Terms and Conditions of Use, which are binding on all entrants to this Site, including all Subscribers, regular Users and Users who are casual visitors to the Site.
9.2. All Users are subject to these Terms and Conditions of Use.
10. DATA STORAGE
10.1. The Site will store some data related to the Predictions and performance of the User for the sole purpose of providing the Service and the Site will not provide historical data relating to the use of the Site to an individual User. The User undertakes to maintain records of his/her own data on previewing results should the User require such data.
11. RESTRICTIONS ON USE
11.1. The User undertakes to only use the Site for the purposes expressly permitted by the Site and in accordance with these Terms of Use. The User may not use the Site or the Site Content for any other purpose, including commercial purposes, without the prior written consent by an authorized representative of the Company. This restriction includes but is not limited to:
11.1.1. Hyper-linking to this Site,
11.1.2. Framing the Site,
11.1.3. Co-branding this Site, or
11.1.4. Suggesting in any way that the User is affiliated with this Site.
12. PROPRIETARY INFORMATION, COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
12.1. The Content accessible or obtained from the Site or the Company is the proprietary information of the Company or Content owned by a third party but which the Company is authorized or entitled to display on the Site. Insofar as the Company owns the Content or has a license or other rights in or to the Content or any part thereof, it retains all rights, title and interest in the Content. The User undertakes not to copy, distribute, publish, upload, post or transmit the Content whether in whole or in part without the prior written consent of an authorized representative of the Company unless such written authorization has already been provided on the Site for specific content.
12.2. All Site Content provided is for the exclusive and personal use of the User only and the User undertakes not to share the Site Contents with any other person. In particular, the User undertakes not to share personal or other Predictions of future events made by the User and/or the Previewing Community with any third party without the permission of the Company.
12.3. The User is not entitled to use, copy or modify the Site Content except as expressly provided for in the Terms and Conditions of Use, and any such use, copying, or modification is a violation of the Company’s intellectual property and confidential information. A User does not obtain any rights to any of the intellectual property rights that may exist in the Site Content.
12.4. The Company has the right to remove or change any Content of the Site without prior notice. The Company is not obliged to publish any Content submitted by a User and the Company or the Site may in its sole discretion remove content submitted if the Company or the Site considers it to be unsuitable for publication
12.5. The User undertakes to notify the Company in writing as soon as the User becomes aware of a possible infringement of intellectual property rights.
13. HYPERLINKS
13.1. This Site may have been hyper-linked to other Sites. If this Site has been hyperlinked, the Company expressly excludes any liability for the content of the sites to which it has been hyper-linked. Hyper-links provided by this Site to other internet sites are used, and other internet sites accessed, at the User’s own risk. The Company does not make any representation or warranties about the content and or security of the sites to which it may have been hyper-linked and a hyper-link to another site does not imply that the Company endorses the use or content of that site.
14. PRIVACY STATEMENT
14.1. To protect the privacy of Users the Company will keep the minimum information required to provide the Services and to allow for the proper functioning of the Site and the community.
14.2. This Site and the Company do not retain any payment information of a User or Subscriber. All payment information is retained by PayPal who provides a secure payment service to the Site, and the User agrees to be subject to the privacy policies of PayPal, and indemnifies the Company from and against any claim, loss, damage or liability sustained through the use of PayPal.
14.3. Personal information other than payment information of the User will be kept in a secure area of the Site and reasonable care will be taken to protect the information. The security of the information is however not guaranteed and the User indemnifies the Company from and against any claim, loss, damage or liability sustained through loss of privacy and/or confidentiality in the User’s private information.
14.4. The User undertakes to protect his/her own personal information when using this Site or subscribing to this Site and undertakes not to make personal details available in submissions. The User agrees not to share or disclose personal or contact details to any other User or the Site, other than for the purpose of subscribing to the Site.
14.5. The User hereby authorises the Company to collect and use, in its sole discretion, data about and form the User in the form of aggregated and anonymous data that cannot and will not be used to identify individual Users from any part of the Site.
14.6. The User authorizes the Company to contact the User directly at any of the addresses or numbers provided by the User to the Site or the Company for purposes of the Services or the User’s use of or subscription to the Site.
15. SECURITY
15.1. Access granted and passwords supplied by the Site and/or the Company are for the personal use of the Users only and the User undertakes to protect his/her password(s) and to change his/her password(s) when necessary and in accordance with good internet practice.
15.2. The User undertakes not to act or omit to act in a manner that may compromise the security of the Site and the privacy of other Users. Any violation, compromise or attempted violation and compromise of the security of the Site or the privacy of other Users by a Subscriber will result in the termination of the subscription without compensation.
16. JURISDICTION, CHOICE OF LAW, DISPUTES AND LANGUAGE
16.1. The Contract between the User and the Company is subject to the laws of Queensland, Australia.
16.2. The User and the Company will first attempt to resolve any dispute by way of bona fide negotiations between duly authorized representatives. If negotiations fail, the parties agree to submit the dispute to conciliation and then (if conciliation fails) final and binding arbitration through the Institution of Arbitrators and Mediators Australia. The parties will be represented by a duly authorized representative, and in the case of a company, a person on executive level. Arbitration will be in English and will be held in Brisbane, Queensland.
16.3. Nothing in this contract will prevent a party from seeking urgent interim relief from a court of Queensland, Australia.
16.4. All communication between the Company and the User will be in English.