Account Terms

15th edition effective – 24th January 2023

These Account terms (these “Terms”) set out the various rules and procedures that apply if You open an Account and if you play a Game online (including on mobile devices).

By opening an Account with us, You agree to be bound by these Terms and by:

(a)  if You play an Islands Lottery Draw-Based Game, these Terms; the Draw Rules (included at Schedule 1), and the Game Specific Rules for that Draw-Based Game;

(b) if You playing an Instant Win Game or a Slot Game, these Terms; the Game Rules (included at Schedule 2); and the Game Specific Rules for that Instant Win Game or Slot Game; and

(c) if You play a Lottery Betting Game, these Terms; the Lottery Betting Rules (included at Schedule 3), the Game Specific Rules for that Underlying Lottery and the Underlying Lottery Operator’s Rules for that Underlying Lottery.

If you do not agree to these Terms, do not apply to open an Account and do not play any of the Games.

If you do not agree to the Draw Rules or Game Rules (as applicable) or to any Game Specific Rules, do not play that Game.

When You apply to open an Account, you are offering to enter into a binding contract with Islands Lottery. The Contract will come into existence when Islands Lottery sends you an email confirming that your Account has been opened.

A reference to a Section or a Schedule is a reference to a Section of or Schedule to these Terms.  

A reference to a Paragraph is, unless otherwise stated, a reference to a Paragraph of the Schedule or the part of the Schedule in which the reference appears.

All words and phrases in these Terms that begin with a capital letter and have a specific meaning are defined in Section 17.

Where a monetary sum appears in these Terms it is varied by any higher amount specified on the Site from time to time.

Back to Contents 1 Account Registration

1.1 You are only allowed to have one Account.

1.2 You may open an Account and use that Account only if:

• 1.2.1 You are 18 years of age or over; or 
• 1.2.2 the legal gambling age in the territory in which you are located is over 18, You are that legal gambling age or over; and
• 1.2.3 You have full legal capacity to enter into the Contract;
• 1.2.4 You have not been diagnosed or classified as a compulsive or problem gambler or consider yourself to be a compulsive or problem gambler;
• 1.2.5 You are recognised by checks carried out by Islands Lotto;
• 1.2.6 You are in a territory where it is legal to access or register on this Site, open an Account, play any of the Games or use the methods of payment allowed on the Site; and
• 1.2.7 You comply with the laws of the territory in which You are located.

1.3 YOU MUST check that Your use of this Site, registering with this Site, opening an Account, playing any of the Games and using the method of payments allowed on the Site is legal.

1.4 Islands Lotto is not responsible for any loss which You suffer if you do not comply with any law which applies to You. 

1.5 Operating the Site: By operating the Site, Islands Lotto is not offering any of the Games to You or inviting You to use this Site, register on this Site, open an Account or play any of the Games if to do so is illegal. 

1.6 No warranty of legality: Islands Lotto does not warrant that Your use of the Site, Your registering on the Site, Your opening an Account or Your playing any of the Games is legal. 

1.7 No advice from Islands Lotto: Islands Lotto cannot advise You on whether or not Your use of the Site, Your registering on this Site, Your opening an Account or Your playing any of the Games, is legal.

1.8 It is for You to decide whether or not to use this Site, register on the Site, open an Account, or play any Games and You do so at Your own risk. 

1.9 The following people may not open or have an Account, pay Funds into an Account, play a Game, or buy an Entry or a Play (and Islands Lotto will not be liable to pay out any claim for a Prize to, or credit any Winnings to the Account of, any such person):

• 1.9.1 any person who does not meet the criteria in Section 1.2;
• 1.9.2 any person under the legal gambling age in the territory which they are located, whether that person is acting for themselves or anyone else;
• 1.9.3 directors and employees of Islands Lotto or any company in the same group as Islands Lotto;
• 1.9.4 specified employees of any of Islands Lotto’s suppliers, key contractors and sub-contractors and those of any company in the same group as Islands Lotto;
• 1.9.5 any spouse, civil or domestic partner, child or and any person who is, to some extent, supported or maintained by anyone mentioned in Section 1.9.3 or 1.9.4, in either case if living in the same household as that person;
• 1.9.6 any person who has an Account which has a status that prohibits them from playing a Game or claiming a Prize (including, without limitation, a person whose Account has been suspended or closed);
• 1.9.7 any person who is prevented from opening an Account or playing a Game under the Jersey Gambling Commission’s Codes of Practice;
• 1.9.8 any person who is excluded or prohibited by the Draw Rules, the Game Rules or the Game Specific Rules; and
• 1.9.9 anyone else Islands Lotto or the Jersey Gambling Commission may, in their absolute discretion, decide and specify in any amendment which is made to these Terms or  published on the Site or otherwise communicated to Players from time to time.

1.10 When You apply to open an Account You must provide certain information to allow Islands Lotto to check whether or not You are eligible to open or hold an Account, pay Funds into Your Account, play the Games and buy an Entry or a Play. This information may include, for example but without limitation, Your name, address, date of birth and email address.  Islands Lotto reserves the right to carry out checks to establish Your eligibility and to verify (or ask an authentication agency to carry out checks to verify) Your age and identity and any other details and to ask You for further documentation to verify the same.

1.11 After You have opened an Account, Islands Lotto may from time to time require copies of Your ID documents to verify that You are still eligible to have an Account, pay Funds into Your Account, play the Games and buy an Entry or a Play.

1.12 Islands Lotto reserves the right, in its absolute discretion, to refuse an application to open an Account for any reason.

1.13 If Islands Lotto subsequently discovers that You were or are Ineligible, Islands Lotto reserves the right to take all appropriate steps in relation to You and Your Account including, without limitation, suspending or closing Your Account.

1.14 Islands Lotto will not be liable to pay out on a claim for a Prize made by anyone who was or is Ineligible  and may (in its absolute discretion) refuse to pay out on a claim for a Prize made by anyone who has more than one Account. If a Prize is paid to anyone who was or is Ineligible or who has more than one Account, that person will repay the Prize to Islands Lotto immediately upon request.

1.15 Islands Lotto employees may pay Funds into an Account and buy Plays or Entries but only for the purpose of testing Accounts and how they operate.  Islands Lotto may impose conditions on any Islands Lotto employee paying Funds into an Account and buying Plays or Entries including, for example but without limitation, that Islands Lotto employees and Islands Lotto will not be entitled to benefit from any Prize won by any such Play or Entry.

Back to Contents 2 Using Your Account

2.1 You may access Your Account or play a Game only when You are physically located in a territory where it is legal to do so and You are not otherwise Ineligible.  Playing a Game or accessing Your Account whilst located in any jurisdiction or territory where it is illegal to play any of the Games, including but not limited to the United States of America is strictly prohibited. Islands Lotto will not be liable to pay out on a claim for a Prize made by You or credit any Winnings to Your Account in respect of any Game played whilst You are (or were) located in any jurisdiction or territory where it is illegal to do so or whilst You are (or were) otherwise Ineligible.  In either of those cases the Win will be void. Islands Lotto has the right to close Your Account and refuse to accept any and all current or future Plays or Entries by You and refuse You access to the Site if it suspects or knows that You have played or are intending to play any of the Games online whilst located in any jurisdiction or territory where it is illegal to do so or if you are otherwise Ineligible.

2.2 If You have an Account but do not have sufficient Funds in it, You may play only Try Games.

2.3 You are able to buy Plays or Entries only if there are sufficient Funds in Your Account.

2.4 You must keep all of Your Account information accurate and up to date. You may only update or change certain Games-Related Information. The updates can only be done through Your Account, unless Islands Lotto decides otherwise, at its absolute discretion and in exceptional circumstances.

2.5 You must keep the password for Your Account secure and secret at all times and take all steps necessary to prevent it being used by any other person. You must, for example but without limitation:

• 2.5.1 memorise Your password and never tell it to anyone;
• 2.5.2 never write Your password down (including on Your computer or other electronic device) or record it in a way that can be understood by someone else;
• 2.5.3 destroy any communications from Islands Lotto in relation to Your password as soon as You have read them;
• 2.5.4 avoid using a password that is easy to guess;
• 2.5.5 disable any automatic password memory in your browser or device before you use your password;
• 2.5.6 contact Customer Services immediately if anyone else has used Your Account or given any instruction in relation to it, or if You think someone else knows Your password.

If You forget Your password, You can reset it by following the instructions on the Site.

2.6 You must ensure that only your own biometric information (e.g. your fingerprint) is registered on any device you use to access the Site or Your Account.

2.7 If You do not log into or otherwise access or use Your Account for a continuous period of 365 days, Your Account will become a Dormant Account.

2.8 If there are Funds in Your Dormant Account (except Funds credited as part of a sales promotion), Islands Lotto will use reasonable efforts to contact You (or Your personal representatives, where appropriate) to establish Your wishes in relation to those Funds.  If Islands Lotto is not able to contact You (or Your personal representatives, where appropriate) it may, at its absolute discretion, transfer an amount to You (or Your personal representatives) equal to the value of any Funds, except Funds credited as part of a sales promotion, (by deeming them to have been claimed by You) to Your Account by cheque to your registration address or via bank transfer.

2.9 Islands Lotto may cancel all Funds in Your Dormant Account which have been credited as part of a sales promotion before it closes Your Account.

2.10 If Islands Lotto is not able to return the Funds in Your Dormant Account (except Funds credited as part of a sales promotion) by cheque within 3 months after the date when Your Account became Dormant, Islands Lotto will have absolute discretion to pay to whoever it sees fit the cash equivalent of the Funds in your Account (except Funds credited as part of a sales promotion) and Your Account will be closed.

Back to Contents 3 Funds and limits on Funds

3.1 Once You have opened Your Account, You can pay Funds into it by using a credit or debit card. Islands Lotto will determine whether the Funds You want to pay into Your Account will be accepted or rejected for any reason including, but not limited to, whether the limits referred to in Section 3.7 or 3.8 will be exceeded by the payment of such  Funds into Your Account. Once the payment of those Funds into Your Account has been accepted in principle and Islands Lotto has verified that the credit or debit card used to pay Funds to Your Account has not been reported as lost or stolen, the Funds will be added to Your Account.

3.2 You may only pay Funds into Your Account, buy a Play or an Entry or claim a Prize in accordance with the  these Terms, the Draw Rules or the Game Rules (as applicable), the Game Specific Rules that apply to the Game you play and any Lottery Operator’s Rules that apply to the Game you play.

3.3 You may buy an Entry or a Play only if You have an Account and have sufficient Funds in Your Account to buy that Entry or Play.

3.4 There is no general right for any person to pay Funds into their Account or exchange those Funds for a Play or Entry.  Islands Lotto may refuse, in its absolute discretion, to do any or all of the following: (a) accept monetary deposits into Your Account; and (b) provide access to any of the Games to anyone; and Island Lotto may limit the amount of Funds that You can pay into Your Account, in each case without giving a reason.

3.5 The Funds in Your Account will be refunded only in specific instances authorized by Islands Lotto. For the avoidance of doubt, Funds in Your Account that do not constitute Winnings may only be withdrawn if Your Account is closed or deemed to have been closed in accordance with these Terms and Funds credited as part of a sales promotion may not be withdrawn in any circumstances.

3.6 Any Funds credited to Your Account as part of a sales promotion may only be used for buying a Play or an Entry and they will not be paid to You in any circumstances.

3.7 The minimum and maximum amounts of Funds that may be paid into Your Account at any one time or during any period of time or in any one transaction will be set by Islands Lotto from time to time and specified on the Site.

3.8 Islands Lotto may also, at any time, impose a maximum on the amount of Funds that You may hold in Your Account at any one time. Any such maximum will be communicated to You in any way Islands Lotto decides, in its absolute discretion, from time to time, including but without limitation, in these Terms.  

3.9 If You have more Funds in Your Account than the  maximum specified from time to time pursuant to Section 3.7 or 3.8, You will:

• 3.9.1 be entitled to retain the Funds in Your Account for future use; but
• 3.9.2 not be able to add any more Funds to Your Account until the amount of the Funds in Your Account is less than the maximum set by Islands Lotto.

3.10 You may buy Entries or Plays only up to the value of the Funds in Your Account at the time (subject to any play limits – see Section 4).

3.11 Plays and Entries must be bought for their full value in Pounds sterling (£) shown on the Site, unless they are given to You free of charge by Islands Lotto as part of a sales promotion.  

3.12 Plays and Entries may be bought only from Islands Lotto and any purchase must be made in accordance with these Terms.

3.13 All Funds in Your Account (except Funds credited as part of a sales promotion) are aggregated with Funds which Islands Lotto holds on behalf of other Players and are held by Islands Lotto in a segregated bank account. In the unlikely event that Islands Lotto becomes subject to any insolvency proceedings, the Funds in Your Account will not be available to Islands Lotto’s administrators/ liquidators (or similar) and You will be able to withdraw those Funds from Your Account in accordance with these Terms as normal. This arrangement meets the UK Gambling Commission’s requirements for the protection of customer funds at the level: medium. No interest is payable to You in respect of any monies held in the segregated bank account.

3.14 You undertake that:

• 3.14.1 all money that You deposit in Your Account is untainted with any illegality and, in particular, does not originate from any illegal activity or source; and
• 3.14.2 all payments made into Your Account are authorised and You will not reverse or attempt to reverse a payment made into Your Account or take any action which will cause such payment to be reversed by a third party, in order to avoid any legitimate liability.

3.15 You accept that all transactions may be checked to prevent money laundering and that any transactions made by You which Islands Lotto deems suspicious, may be reported to the appropriate authorities.

Back to Contents 4 Limits on Plays and Entries

4.1 Islands Lotto may, in its absolute discretion, impose limits on either or both of the following: (a) the number of times You may play a Try Game; and (b) the number of Plays or Entries You may buy during a defined time period.  Any limits imposed under this Section 4.1 will be notified to You by Islands Lotto, including, for example but without limitation, by including the limits in these Terms.

4.2 Subject to any limits imposed by Islands Lotto under Section 4.1, You are able to temporarily exclude Yourself for a period of up to 30 days, from Your Account (and, therefore, from playing all Games during that period) by using the “suspend” feature in your Account. You can also exclude Yourself for a minimum of 6 months and a maximum of 5 years by contacting Customer Services or by using the “self-exclusion” feature in Your Account.

• 4.2.1 If you request a self-exclusion, Islands Lotto will, as soon as is reasonably practicable, apply best practices to prevent You from using Your Account indefinitely. To this end, Island Lotto may retain such personal data as is necessary (and for as long as is necessary which may be indefinitely) to implement the facility as effectively as possible (including, for example, but without limitation, Your name and address).
• 4.2.2 The “self-exclusion” feature involves a joint commitment between Islands Lotto and You. During a period of suspension, Islands Lotto will take reasonable steps to prevent You re-opening Your Account or opening a new Account but You must not attempt to re-open Your Account or to try and open a new Account.

4.3 Plays or Entries bought using Your Account will count towards any limit imposed by Islands Lotto or set by You.

4.4 If You think Your limits have not been applied correctly, contact Customer Services.

4.5 You are able to set Your own Account limits with the following options:

• 4.5.1 The maximum amount of money You want to deposit into Your Account in a time period selected by You.
• 4.5.2 The maximum amount of money You want to spend to purchase Plays or Entries in a time period selected by You.
• 4.5.3 The maximum number of Plays for Pay to Play Games You want to purchase in a time period selected by You.

4.6 Your limits must be all equal to or less than any limits imposed by Islands Lotto.

4.7 The lowest limit of either the limits set by You or Islands Lotto will apply.

Back to Contents 5 Game History and Transaction History

5.1 You may view all details relating to Your Game History and certain Transaction History by accessing Your Account on the Site.

Back to Contents 6 Claiming a prize

Back to Contents 7 Validation Requirements

7.1 Before a claimed Prize will be paid, it must be successfully validated in accordance with Islands Lotto’s or in the case of Lottery Betting our intermediary between Islands Lotto and the Insurer or any other validation procedures adopted from time to time. Islands Lotto’s decision about whether the Play or Entry or Bet is valid or the Prize has been won by the person claiming it will be final and binding.

7.2 Without limiting the effect of Section 7.1, Islands Lotto will declare a Play or Entry or Bet invalid (and will not, therefore, pay out on a claim for any Prize) if:

• 7.2.1 the Play or Entry or Bet is the result of an act by You or another person that was intended to increase the chances of You or that person winning a Prize in the relevant Pay to Play Game above the chances enjoyed by other Players of that Pay to Play Game, or to increase that Prize; or
• 7.2.2 the Play or Entry or Bet is counterfeit, all or part of the Play or Entry or Bet has been forged, or the Play or Entry or Bet fails to pass Islands Lotto’s validation and security checks; or
• 7.2.3 the Play Number for the Play is not on Islands Lotto’s official records of Winning Plays, or the relevant Prize for the Winning Play with that Play Number has been paid previously; or
• 7.2.4 the Entry is not on Islands Lotto’s official records of Winning Entries, or the relevant Prize for the Winning Entry has been paid previously; or
• 7.2.5 the details associated with the Play Number of a Play do not match Islands Lotto’s official records of that Play Number; or
• 7.2.6 the details associated with any Entry or Bet do not match Islands Lotto’s official records of that Entry or Bet; or
• 7.2.7 Islands Lotto believes that the Play or Entry or Bet was bought by or on behalf of a person who is Ineligible or who has more than one Account.

7.3 Without limiting the effect of Sections 7.1 and 7.2, Islands Lotto may declare a Play or Entry or Bet invalid (and will not be obliged to pay out on a claim for any Prize) if:

• 7.3.1 Islands Lotto believes that the person claiming the Prize is not the holder of the relevant Account or that person’s personal representative, or that the information provided by the person claiming the Prize is (in whole or part) false, incomplete or has been altered or tampered with; or
• 7.3.2 the Play or Entry or Bet has not been issued or sold by Islands Lotto; or
• 7.3.3 with regard to Instant Win Games and Slot Games:
• 7.3.3.1 the Play is defective, in whole or in part; or
• 7.3.3.2 the outcome of a Play as displayed on the Game Play Window is inconsistent with the result of that Play as predetermined by Islands Lotto’s Computer System;
• 7.3.3.3 the distribution, frequency or amounts of Prizes materially differ from that set out in the Prize Structure for a particular Instant Win Game or Slot Game; or
• 7.3.3.4 Islands Lotto has not received the amount representing the Prize from the insurance company in case of an insured prize.
• 7.3.4 with regard to Draw-Based Games:
• 7.3.4.1 the Entry (or any other unique feature of the Entry) does not match the records on Islands Lotto’s Computer System for the Game to which the Entry relates;
• 7.3.4.2 the Entry is defective, in whole or in part; or
• 7.3.4.3 Islands Lotto has not received the amount representing the Prize from the insurance company in case of an insured prize.
• 7.3.5 with regard to Lottery Betting Games:
• 7.3.5.1 the Bet (or any other unique feature of the Bet) does not match the records on Islands Lotto’s Computer System for the Game to which the Bet relates;
• 7.3.5.2 the Bet is defective, in whole or in part, or was not confirmed as per Schedule 3;
• 7.3.5.3 Islands Lotto has not received confirmation from the operator of the Third-Party Draw-Based Game (or from any intermediary between Islands Lotto and that operator) that the Bet You placed through the Site has won the Prize;
• 7.3.5.4 Islands Lotto has not received the amount representing the Prize from the Insurer (or any intermediary between Islands Lotto and the Insurer); or
• 7.3.5.5 If according to Islands Lotto geolocation system, You were physically located at the time of placing the Bet in the US or any country prohibited by the Jersey Gambling Commission.

Back to Contents 8 Payment of Prizes

8.1 Subject to Section 7 and Sections 8.4 - 8.12 (both inclusive), once the results of any Game have been confirmed, any Winnings due to you will be automatically credited to Your Account (except where the Prize has been paid out by way of a credit to Your credit or debit card, cheque or bank transfer) and, if you have won a Small Prize, may be used to purchase Entries or Plays. If You use any of Your Winnings that represent the Prize or part of the Prize to purchase any Entry or Play or place any Bet or withdraw such Winnings from Your Account,  the amount of the Prize paid out to You will be reduced by the amount of the Winnings so used or withdrawn.

8.2 Once Your claim for a Large Prize has been validated, You may withdraw Your Winnings from Your Account, unless this Large Prize is from Lottery Betting when the payment is made directly to you from our intermediary between Islands Lotto and the Insurer.  The minimum amount that you may withdraw at any one time is £10.00. Smaller amounts will remain as Winnings in Your Account for the duration of the Claim Period so that any further Prizes won (except where paid out by way of a credit to Your credit or debit card, cheque or bank transfer) will increase the value of the Winnings in Your Account to a figure of £10.00 or more. If not aggregated with other Winnings to allow you to withdraw them before the end of the Claim Period, Your Account will be treated as Dormant and Sections 2.8-2.10 will apply.

8.3 Subject to Sections 8.4 - 8.14 (both inclusive), Prizes will be paid as follows:

• 8.3.1 Small Prizes claimed by You within the Claim Period will be paid, at Islands Lotto’s sole discretion, either:
• 8.3.1.1 to Your credit or debit card used to pay Funds into Your Account or to Your bank account within 5 Business Days after Islands Lotto has validated Your claim for that Prize; or
• 8.3.1.2 by cheque sent to You within 5 Business Days after Islands Lotto has validated Your claim for that Prize,

provided that if Islands Lotto requires copies of Your ID documents to check that You are not Ineligible, you provide those to Islands Lotto’s satisfaction within the Claim Period.

• 8.3.2 Large Prizes up to £20,000. You will be required to provide photographic identification such as Your passport or driver’s licence, together with proof of address such as a utility bill or bank statement which clearly shows Your name and address.

If you provide the items in Section 8.3.2 to Islands Lotto’s satisfaction within the Claim Period, payment will be made (at Islands Lotto’s absolute discretion) by cheque, bank transfer or credit to Your credit or debit card within 30 Business Days after Islands Lotto has received those items.

• 8.3.3 Large Prizes over £20,000. You must claim the Prize in person. You can contact Customer Services by email or phone (see the Site for current opening hours and details) to arrange this.

You must complete and return to Islands Lotto a Prize Claim Form provided by Islands Lotto, or any other form Islands Lotto requires You to complete from time to time, and present it (along with proof of Your entitlement to claim) when claiming a Prize of over £20,000.

If You complete Prize Claim Form or any other form Islands Lotto requires You to complete and return it to Island Lotto, with any documentation required by Islands Lotto, to Islands Lotto’s satisfaction within the Claim Period, a Prize over £20,000 will be paid by cheque, at Your home, Islands Lotto’s offices, or other agreed location (at Islands Lotto’s absolute discretion) within 30 Business Days after Islands Lotto has received all the documentation required.

8.4 In the case of Lottery Betting Games, Islands Lotto will not be obliged to pay any Winnings or any a claim for a Prize if it has not received: (a) confirmation from the operator of the Third-Party Draw-Based Game (or from any intermediary between Islands Lotto and that operator) that the Bet You placed through the Site has won the Prize; or (b) the amount representing the Prize from the Insurer (or any intermediary between Islands Lotto and the Insurer).

8.5 Islands Lotto reserves the right to:

• 8.5.1 require You to provide sufficient information to prove You are the holder of the Account which has won the Prize which You are claiming, together with a completed Prize Claim Form or any other form required by Islands Lotto;
• 8.5.2 withhold payment of the Prize You have claimed (and not credit the Winnings representing that Prize to Your Account), until it is entirely satisfied, in its absolute discretion, that the Win to which the Prize relates is valid and that the claim has been made in good faith;
• 8.5.3 withhold payment of any Prize You have claimed (and not credit the Winnings representing that Prize to Your Account) or recover or seek to recover a Prize paid out in error or any Winnings credited to Your Account in error (or both) as a debt owed by You to Island Lotto:
• 8.5.3.1 until it has carried out all appropriate checks and enquiries (any such checks and enquiries will be carried out promptly by Islands Lotto); or
• 8.5.3.2 if, in its absolute discretion, it believes that You (as the person claiming a Prize) are not lawfully entitled to payment of that Prize or that the Prize has been paid to You or any Winnings have been credited to Your Account, in either case in circumstances where Islands Lotto decides in accordance with Section 7 that the Win is invalid or a Game is defective in accordance with Paragraph 6 of Schedule 1, Paragraph 6 of Schedule 3 or Paragraph 2 of Schedule 2, or where there is any other reason for Islands Lotto to question Your entitlement to the Prize or the Winnings;
• 8.5.4 recover any Winnings incorrectly paid into Your Account;
• 8.5.5 request proof of entitlement to a Prize (including, without limitation, Identification Information, proof of identity and capacity to claim);
• 8.5.6 refuse to pay a Prize or to credit Winnings to Your Account (or both) if You are unable to, or fail to, produce sufficient Identification Information within the Claim Period;
• 8.5.7 photograph anyone claiming a Prize for Islands Lotto’s records;
• 8.4.8 request a court to decide to whom a Prize should be paid or make payment into court (or both).

8.6 The right to claim a Prize is not transferable.

8.7 Islands Lotto will not be responsible or liable to any person claiming a Prize which has been paid to a person who has assumed or stolen the identity of the holder of the relevant Account.

8.8 No interest will be payable on any Prize or any Winnings.  This includes without limitation: (a) whilst any checks or enquiries are carried out in relation to a Win; (b) whilst a dispute about an Entry, a Play, a Bet, Winnings or a Prize is being resolved;  (c) for the period any Prize remains unclaimed; and (d) while any Winnings are held in Your Account.

8.9 You are responsible for keeping safe and confidential any information required to claim a Prize (including but not limited to a Ticket Number or the physical Ticket (if any) provided to you if claiming a Prize for a Draw-Based Game) and if You are not able to provide sufficient Identification Information when claiming a Prize, the Prize will not be paid.

8.10 You are responsible for claiming, and (where applicable) for checking that You receive, the full value of any Winnings or Prize You to which you are entitled. For Lottery Betting Games note Schedule 3 clause 3.8.

8.11 You are responsible for checking that Your Ticket shows the correct Entries, Bets, Plays, Games and Draw times and dates. You must let Islands Lotto know if Your Ticket does not show the correct Entry, Bet, Bet confirmation, Play, Game or Draw time and date.

8.12 If You are a person with a legal incapacity and wish to claim a Prize, you must do so through Your deputy, attorney or other person who is legally empowered to act on Your behalf and Islands Lotto may pay the Prize to Your deputy, attorney or such other person.

8.13 If Your Account has been suspended by Islands Lotto, you will not receive any Winnings and may not claim any Prize.

Back to Contents 9 Closing an Account, Termination and Suspension of Access

9.1 You may close Your Account at any time by contacting Customer Services.

9.2 A person may not open or have more than one Account. If Islands Lotto discovers that You have more than one Account, or believes a third party Account is being used by You or on Your behalf, Islands Lotto reserves the right to close or suspend some or all of those Accounts (at its absolute discretion) and take whatever other action it reasonably considers appropriate.

9.3 Islands Lotto may do any or all of the following: terminate, vary or suspend: the provision of the Games to You; suspend or terminate access to Your Account; suspend or terminate Your access to the Site; refuse to allow You to play any of the Games, in each case immediately and without giving You prior notice in any of the following circumstances:

• 9.3.1 for repair or maintenance work or in order to upgrade or update the Site or Islands Lotto’s Computer System (or both);
• 9.3.2 if Islands Lotto stops offering the Games, the provision of Accounts, or access to the Site or any part of it to its customers for any reason; or
• 9.3.3 for any other reason at Islands Lotto’s absolute discretion.

9.4 Islands Lotto may do any or all of the following: (a) immediately and without giving You prior notice, terminate, vary or suspend the provision of the Games, access to Your Account, access to the Site: (b) refuse to allow You to play any of the Games and Island Lotto will be under no obligation to credit any Winnings to Your Account or pay out any claim for any Prize to You:

• 9.4.1 if any information provided by You (including, without limitation, Games-Related Information) is provided fraudulently or is inaccurate, out-of-date or incomplete;
• 9.4.2 if You do not comply with Your obligations under the Contract; or
  
• 9.4.3 if you are Ineligible.

9.5 Islands Lotto may immediately, and without giving You prior notice, terminate, vary or suspend the provision of any Lottery Betting Game if that Game is withdrawn by the Underlying Lottery Operator of that Game or if Islands Lottery no longer has the right to place Bets for that Game or to claim any Prize in relation to that Game.

9.6 Subject to any Section  which permits Islands Lotto to withhold or not pay any Prize, including but not limited to Sections 8.3,  8.4, 9.4, 9.5 and 13.5, if Your Account has been closed or is deemed to have been closed (or if You exclude Yourself from playing all Games pursuant to Section 4.2), Islands Lotto will refund an amount equal to the Funds in Your Account, except: (a) any Funds credited as part of a sales promotion; and (b) any Funds in Your Account which represent a Prize claimed by You which has not been verified by Island Lotto. Islands Lotto will have discretion (but will be under no obligation) to transfer an amount equal to the value of any Winnings in Your Account to You by deeming the Prize to which they relate to have been claimed by You and to have been verified by Islands Lotto.

9.7 If Your Account is suspended the suspension will usually be for a period of no longer than 30 days but, where relevant, it may be for such longer period of time as may reasonably be required (for example, pending any investigations by Islands Lotto or the Jersey Gambling Commission, a law enforcement authority or any other third party).

9.8 If Islands Lotto ceases to operate or stops offering the Games, the provision of Accounts, or access to the Site to its customers generally for any reason, Your Account will be deemed to have been closed. You should contact Customer Services in order to claim Funds in Your Account; that should avoid any need to claim through your card provider.

9.9 The Contract will terminate when Your Account is closed or deemed to have been closed. The following provisions will survive the termination of the Contract and will continue in full force and effect without limit in time:

Sections 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.13, 1.14, 2.1, 2.8, 2.9, 2.10, 3.2, 3.4, 3.5, 3.6, 3.14, 3.15, 6, 7, 8, 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9, 10.3, 10.4, 10.5, 10.6, 10.7, 12, 13, 14.1, 14.2, 14.3,14.4, 14.5, 14.6, 15 and  17;  

Paragraphs 1, 2, 4, 5, 6 and 7.2-7.5 (both inclusive) of Schedule 1;

Paragraphs 1, 2, 4, 5, 6 and 7.2-7.5 of Schedule 3;

Paragraphs 1, 2 and 3 of Schedule 2; and

any provisions in any Game Specific Rules and any provisions in any applicable Lottery Operator’s Rules which, in either case, are intended to continue in effect indefinitely.

Back to Contents 10 Use of the Site

10.1 You agree that:

• 10.1.1 You will use the Site and play the Games for Your own private purposes and not for any commercial purpose; and
• 10.1.2 You will use Your Account and the Site, and play the Games only in accordance with these Terms, the relevant Draw-Based Game Rules or Game Rules (as applicable), any applicable Game Specific Rules and any applicable Lottery Operator’s Rules.

10.2 You agree that You will use Your Account, play the Games and use the Site in an appropriate and lawful manner. You will not, by way of example but not by way of limitation:

• 10.2.1 receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) or otherwise objectionable or unlawful; or
• 10.2.2 use or introduce any device, robot, spider, software, virus, malware, routine, artificial intelligence or other system or method to hack into or interfere or attempt to interfere with the normal and proper functioning of the Site, the Games, any information provided on the Site, any Transaction transmit any content  through the Site or Islands Lotto’s Computer System which will cause, or be likely to cause, detriment or harm, in any degree, to any computer system owned or used by Islands Lotto or any other person; or
• 10.2.3 hack into, gain unlawful access to, make any denial of service attack on, make excessive traffic demands on, or cause any impairment of the functions of the Site or any computer system, deliver or forward chain letters, "junk mail" of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to prevent others from playing the Games or using the Site or any other website, or which is otherwise likely to damage the reputation or business of Islands Lotto or of any third party; or
• 10.2.4 engage in, or aid or abet or collude in any criminal or other illegal activity (including, without limitation, money laundering and fraud) under any law applicable to You or to Islands Lotto through your use of the Site, registering with the Site, opening an Account, using Your Account, playing any of the Games or claiming any Prize; or
• 10.2.5 authorise or allow anyone to do anything listed above in this Section 10.2.

10.3 You will indemnify Islands Lotto and keep Islands Lotto fully indemnified  against any and all costs, losses, damages and expenses which Islands Lotto may suffer or incur arising out of or in relation to any and all claims, legal proceedings and demands made by any third party due to or arising out of or in connection with any and all of the following: (a) the use of Your Account, the playing of any of the Games, access to the Site or to Islands Lotto’s Computer System, the claim of any Prize  by You or anyone using your password or Account, and (b) any and all breaches by You of the Contract.

10.4 Islands Lotto does not guarantee or warrant that the Site will display correctly on all devices on which it can be viewed or that the Games will display correctly on, or be playable from all devices used to access them.

10.5 Islands Lotto is the owner or licensee of all copyright, trade marks and other intellectual property rights in the Games, the Site and Island Lotto’s Computer System, and You will not acquire any rights in any of those.

10.6 You must not:

• 10.6.1 copy, disclose, transmit or otherwise make available to any other person or remove or change any material or content available on the Site;
  
• 10.6.2 reverse engineer or decompile (whether in whole or in part) any software used in connection with the Site or the provision of the Games (except to the extent expressly permitted by applicable law); or
• 10.6.3 remove, obscure or change any copyright, trade mark or other intellectual property right notices on any material or content obtained from the Site or as a result of playing any of the Games.

10.7 You acknowledge that:

• 10.7.1 Instant Win Games and Slot Games are games of chance and the outcome of all Instant Win Games and Slot Games is predetermined at the point You buy a Play or start a Try Game. The outcome of an Instant Win Game or Slot Game is not affected by You exercising any skill or judgement; and
• 10.7.2 the outcomes of Plays are based on probabilities within the Prize Structure and not from a limited pool or range of Plays. The chances of winning at each Prize level in an Instant Win Game or Slot Game are exactly the same for each Play in that Instant Win Game or Slot Game and the chances of winning are not affected by previous Plays or the number of Prizes already paid for that Instant Win Game or Slot Game.

Back to Contents 11 Your information

11.1 The processing of Your Games-Related Information will be carried out by Islands Lotto in line with the Privacy Policy.

11.2 You agree that when You contact Customer Services, You will supply any Games-Related Information required by Islands Lotto.

Back to Contents 12 Exclusions and Limitation of Liability

12.1 Subject to Section 12.7, Islands Lotto’s liability to You, including but not limited to arising out of or relating to any and all of the following: Your Account and the Funds in it, the Games, any Prize, any Winnings and the Contract, whether arising from breach of contract, in tort (including, without limitation, negligence), or in any other way, is limited to:

• 12.1.1 subject to Sections 7 and 8,  where you are the rightful owner of a Win, paying the Prize You have won to You or crediting it as Winnings to Your Account; ; or
• 12.1.2 in any other case, reinstating to Your Account  the Funds used by You to buy a Play or an Entry or place a Bet for the Game which gives rise to Your claim against Islands Lotto.

12.2 Subject to Sections 12.1 and 12.7, Islands Lotto will not be liable in any circumstances for any loss or damage of any nature, arising out of or relating to any of the following: Your Account and the Funds in it, the Games, any Prize, any Winnings and the Contract, whether arising from breach of contract or in tort (including, without limitation negligence) or in any other way. In particular, but without limitation, Islands Lotto will not be liable for any loss of profits (whether direct or indirect), or for any indirect, special or consequential loss, suffered or incurred by You or for any loss that arises out of the withdrawal of any Game or from the participation or non-participation of You or any other person in any Game. This includes (but without limitation) the loss, for any reason, of the chance to participate in any Game.

12.3 Islands Lotto will not be in breach of contract nor liable to You for:

• 12.3.1 any delay in performing or failure to perform any of its obligations or for any loss or damage resulting from any event, circumstances or causes beyond its reasonable control (for example, but not by way of limitation, war, strike, lockout, industrial action, fire, flood, drought, power cut, failure or obstruction of any network, broadcasting or telecommunications service, or the act or omission of any operator of any Third Party Draw-Based Game (or of any intermediary between Islands Lotto and that operator) or of the Insurer (or of any intermediary between Islands Lotto and the Insurer);
• 12.3.2 the failure or destruction of, or damage to, all or part of the computer systems or records of Islands Lotto or any third party (including, without limitation, the Site and Islands Lotto’s Computer System);
• 12.3.3 any mistakes caused by all or part of the computer systems or records of Islands Lotto or any third party (including, without limitation, the Site and Islands Lotto’s Computer System);
• 12.3.4 delays, losses, mistakes or omissions in or made by the postal or other delivery service or by the banking system;
• 12.3.5 any other action or event which prevents or hinders the issue of a valid Entry, Bet, Bet confirmation or Play (including, without limitation, the failure of the Site to display correctly on any device used to view it);
• 12.3.6 the refusal to sell an Entry, Bet, or Play to any person or to allow any person to play a Game;
• 12.3.7 any losses caused wholly or partly by You, including (without limitation) as a result of the misuse or unauthorised use of Your password, money lost by playing any of the Games, and the failure to keep Islands Lotto informed of changes to Your personal contact details;
• 12.3.8 any losses caused by any failure or malfunction of Your equipment or technology or Your internet service provider or mobile phone network operator, or the equipment, technology, internet service provider or mobile phone network operator of any other person or third party.

 12.4 If:

• 12.4.1 there is a failure or malfunction of Islands Lotto’s Computer System which affects any limits set by Islands Lotto pursuant to Section 3.4  4.1 or set by You pursuant to Section 4.2, and has a materially adverse effect on You; or
• 12.4.2 any limits You set in line with Section 4.2 are not placed on Your Account and the non-placement has a materially adverse effect on You,

Islands Lotto will (at its absolute discretion) either:

• 12.4.3 recover any Prizes paid (or suspend any rights you have to claim any Prize) in respect of those Entries, Bets or Plays and reinstate to Your Account the Funds You spent on buying Entries or Plays or placing Bets above any limit that should have been set and, for the avoidance of doubt, You will repay to Islands Lotto any such Prizes immediately on demand; or
• 12.4.4 reinstate to Your Account the Funds You spent on buying Plays or Entries (or both) or placing Bets above any limit that should have been set, net of any Prizes paid to You in respect of those Plays or Entries or Bets.

12.5 Any reinstatement of Funds may also be made in accordance with Paragraph 6 of Schedule 1, Paragraph 6 of Schedule 3 and Paragraph 2 of Schedule 2.

12.6 No interest will be payable on any Funds in Your Account nor on any Funds which are reinstated to Your Account.

12.7 Nothing in the Contract excludes or limits: (a) Islands Lotto’s liability (i) for fraud; or (ii) for death or personal injury caused by negligence; or (b) any other liability which cannot lawfully be excluded or limited.

12.8 You acknowledge and agree that in agreeing to these Terms, the Draw Rules, the Games Rules and any Game Specific Rules You are not relying on, and will have no remedy in respect of, any statement, representation, warranty (in each case whether negligently or innocently made) or understanding which is not set out in these Terms, the Draw Rules, the Games Rules and any Game Specific Rules.

12.9 All conditions, terms and warranties implied by law, custom or trade usage are, to the extent possible, excluded from applying to the Contract.

Back to Contents 13 Disputes and Islands Lotto's Decisions

13.1 The exercise by Islands Lotto of any discretion provided for by the Contract will be final and binding.

13.2 Islands Lotto’s decision will be final and binding about whether or not a Play is a Winning Play, an Entry is a Winning Entry, a Bet is a Winning Bet or in relation to any other matter or dispute arising from the payment or non-payment of any Prize or the credit of any Winnings to any Account.

13.3 Without limiting the effect of Section 13.1, Section 13.2 or any other Section, following any such decision made by Islands Lotto, Islands Lotto may (at its discretion):

• 13.3.1 reimburse the cost of the Play or replace the disputed Play with a Play for any then current Instant Win Game or Slot Game of the same value; or
• 13.3.2 reimburse the cost of the Entry or replace the disputed Entry with an Entry for any then current Game of the same price; or
• 13.3.3 reimburse the cost of the Bet or replace the disputed Bet with a Bet for any then current Game of the same price.

13.4 The remedy in Section 13.2 will be Your sole and exclusive remedy in relation to any dispute, and any reimbursement or replacement will fully discharge Islands Lotto from any and all liability in respect of that dispute. Islands Lotto will not be liable to pay any interest in respect of any reimbursement made under Section 13.3.

13.5 Islands Lotto may suspend any right to claim any Prize and make an equivalent payment into court (or both) until any dispute has been resolved.

Back to Contents 14 General

Back to Contents 15 Law

Back to Contents 16 Contact Details

 16.1 Islands Lotto can be contacted:

• 16.1.1 online at www.islandslotto.com via the support system which is available when You are logged into Your account.
• 16.1.2 by post: T40 Technologies Limited, 1 Jubilee Promenade La Route Du Port Elizabeth, St. Helier, Jersey, JE2 3NW

16.2 Islands Lotto’s website can be accessed at: www.islandslotto.com.

Back to Contents 17 Definitions

Account:

An account opened or maintained by an individual on Islands Lotto’s Computer System.

Bet:

A bet against the outcome of a Third Party Draw-Based Game Played in line with the relevant Game Specific Rules.

Business Day: 

A day other than a Saturday, Sunday or public holiday in Jersey when banks in Jersey are open for business.

Claim Period:

• For a Draw-Based Game, the period expiring at 11.59pm Jersey time 365 days after the relevant Draw;
• For a Lottery Betting Game, the period expiring at 11.59pm Jersey time 180 days after the relevant Draw; and
• For an Instant Win Game or Slot Game, the period expiring at 11.59pm Jersey time 365 days after the relevant Instant Win Game or Slot Game was completed.

Contract:

The contract between Islands Lotto and You consisting of these Terms, the Draw Rules or the Games Rules (as applicable) and any Game Specific Rules which apply to the Game played.

Customer Services:

Islands Lotto’s help service for Account holders is available online on the Site via the support system which is available when You are logged into Your Account.

Dormant Account:

Has the meaning given to it in Section 2.7.

Draw:

The process which results in the random selection by Islands Lotto, or the operator of a Third Party Draw-Based Game, of a set of Winning Numbers for a Game.

Draw-Based Game:

An Islands Lotto or third party game, the result of which is determined by a draw, entry into which You can buy via the Site using Funds in Your Account.

Draw Procedures:

The draw procedures that apply to a Draw, as determined by Islands Lotto from time to time or, in the case of a Third Party Draw-Based Game, as determined by the third party which operates that Game from time to time.

Entry:

An entry into a Draw-Based Game Played in line with the relevant Game Specific Rules.

Funds:

The monies held in Your Account (including any Winnings).

Game:

A Draw-Based Game, an Instant Win Game or a Slot Game.

Game Details Screen:

The screen on the Site that displays details of a particular Game.

Game History:

Information held by Islands Lotto which relates to the Games (excluding Try Games) You have played, including the outcome of each Entry or Play.

Game Play Window:

The screen on the Site from which You can play an Instant Win Game or Slot Game.

Games-Related Information:

Your Transaction History, Game History and any information Islands Lotto requires You to submit to it before providing You with access to the Games (which may include, for example, Your name, user name, password, phone number(s), address, email address and date of birth).

Game Rules:

The rules or conditions which apply to either Draw-Based Games, Instant Win Games or Slot Games (as appropriate) and which are set out at Schedule 1, Schedule 2 or Schedule 3.

Game Specific Rules:

The rules or conditions issued by Islands Lotto and, in the case of a Third Party Draw-Based Game, by the third party operator of that Game, in addition to or in substitution for any Game Rules, which apply only to a particular Game, and including, without limitation, the Game name, the price per Play, how to play, how a Prize is won, the Prize Structure and any other relevant information.  These are available on the relevant Game Details Screen and the Game Specific Rules for any Game.

Identification Information:

Information used to establish Your identity, including but without limitation, information required by Islands Lotto to confirm the authenticity of that information. Identification Information could include any element of the Games-Related Information and, if You submit a claim for a Prize payment within the Claim Period, Your passport, driving licence and utility bills.

Ineligible:

Ineligible to open or have an Account, pay Funds into an Account, play a Game, or buy an Entry or a Play, as set out in Section 1.9.

Insurer:

Means any insurer, underwriter or any other person or entity with whom Islands Lotto, in its sole discretion, hedges some or all of the risks arising out of or in relation to a Game from time to time.

Instant Win Game or Slot:

A Pay to Play Game or a Try Game.

Islands Lotto:

'Islands Lotto' refers to the website and associated services operated by T40 Technologies Limited

T40 Technologies Limited whose registered office is at 22 Hill Street, St Helier, Jersey, JE2 4AU regulated by the Jersey Gambling Commission (licence number RGO-001-14). Any references to “we”, “us” and “our” in these Terms are references to Islands Lotto.

Islands Lotto’s Computer System:

The computer systems used by or on behalf of Islands Lotto from time to time to operate Games, administer Accounts, facilitate Plays or Entries and pay Prizes.

Islands Lotto Betting Network:

Means Islands Lotto and all other B2B partners of the Insurer which share in the betting pool hedging services in respect of the Underlying Lotteries.

Jersey Gambling Commission:

The Jersey Gambling Commission (being the body appointed to regulate Islands Lotto) or any other body that, from time to time, regulates Islands Lotto or its operations.

Large Prize:

A Prize which is not a Small Prize.

Lottery Betting Game:

Means betting against the outcome of a Third Party Draw-Based Game.

Lottery Operator’s Rules:

Any terms, conditions and rules imposed by the third party which operates the relevant Third Party Draw-Based Game.

Lucky Dip:

A selection of numbers which are randomly selected by Islands Lotto’s Computer System on Your behalf for the purposes of making an Entry.

Pay to Play Game:

An Islands Lotto Instant Win Game or Slot Game which is available to play on the Site and in which You have a chance to win a Prize.

Play:

An entry into a Pay to Play Game in line with that Game’s Game Specific Rules.

Play Number:

The number which is unique to and which identifies a particular Play, and which is recorded on Islands Lotto’s Computer System.

Player:

An individual who uses his/her Account to play a Game.

Privacy Policy:

Islands Lotto’s policy relating to the collection and use of Your personal information (including, but not limited to, Games-Related Information), as amended from time to time.

Prize:

The amount awarded from a Win. 

Prize Claim Reference Number:

A unique number/code issued by Islands Lotto for every Prize.

Prize Structure:

The value of Prizes and odds of winning in an individual Game as determined by Islands Lotto (or in the case of a Third Party Draw-Based Game, the operator of that Game) and set out or referred to in the Game Specific Rules for the relevant Game.

Selection:

A set of numbers chosen by You (whether chosen by Yourself or via Lucky Dip) for the purpose of making an Entry or Bet.

Site:

The website www.islandslotto.com.

Slot Game:

A game of chance which involves spinning a series of wheels with the aim of landing matching combinations of symbols.

Small Prize:

A Prize which is under €1,000.

The Islands Foundation:

The independent body appointed to distribute proceeds from Islands Lotto Limited to good causes (see www.Islandsfoundation.org).

Third Party Draw-Based Game

A Draw-Based Game operated by a third party for which You place a bet through the Site using Funds in Your Account.

Ticket:

The graphical representation of Your Entry or Bet.

Transaction History:

The history of payments into and out of Your Account, shown in the ‘My Account’ section of the Site.

Try Game:

An Instant Win Game or Slot Game which is available to play free of charge on the Site (following Your Account having been opened) and for which there are no Prizes.

Underlying Lottery:

Means the applicable Third Party Draw-Based Game, in respect of which Islands Lotto is providing Lottery Betting Game;

Underlying Lottery Jackpot:

Means the aggregate amount payable by the applicable Underlying Lottery Operator in respect of all Underlying Lottery Winning Tickets in Tier 1 of the relevant draw of the applicable Underlying Lottery, as announced by the applicable Underlying Lottery Operator (or, where no such Underlying Lottery Winning Tickets is announced, the amount that would have been payable by the applicable Underlying Lottery Operator had there been any Underlying Lottery Winning Tickets in Tier 1 of the relevant draw of the Underlying Lottery, as determined by Islands Lotto see Schedule 3);

Underlying Lottery Operator:

Means the operator of the applicable Underlying Lottery;

Underlying Lottery Winning Ticket:

Means a winning ticket for the applicable Underlying Lottery;

Validation Requirements:

Islands Lotto’s Play validation requirements referred to in Section 7 or as otherwise determined by Islands Lotto from time to time.

Win:

A Winning Entry or Winning Play or Winning Bet.

Winnings: 

The monies held in Your Account from Prizes awarded.

Winning Bet:

A Bet which entitles You to a Prize and which meets all the Validation Requirements.

Winning Entry:

An Entry which entitles You to a Prize and which meets all the Validation Requirements.

Winning Numbers:

The numbers and/or letters used to determine the Winning Entries or Winning Bets for a Draw-Based Game.

Winning Play:

A Play which entitles You to a Prize, in accordance with the relevant Game Specific Rules, and which meets all the Validation Requirements.

You:

(a) A person intending to open an Account; or (b) the holder of an Account, who is eligible to buy Plays or Entries or play Try Games or who has successfully set up a Direct Debit via their Account, and whose Account (or Direct Debit) has not been terminated, cancelled, suspended or closed.  “Your” and “Yourself” are to be interpreted accordingly.