Terms and Conditions
Terms and Conditions
Please read these Term and Conditions carefully before using our Website. This is to ensure that you understand your legal obligations and rights with regard to WinWise: Get Wyse, Get Rewarded. The complete set of Term and Conditions may be reviewed or updated at any time. The updated version of these Terms and Conditions will take effect immediately.
A. INTRODUCTION
- These Terms and Conditions (“Term and Conditions” or “T&Cs”) shall be valid for all gaming offered by Whisper Konnect Ltd (a company duly incorporated under the Laws of the Federal Republic of Nigeria)
- WinWise shall offer lottery services through various channels not limited to POS, Mobile, Web and USSD hereinafter referred to as "the Service"
- By registering on the Website or being a customer, Players accept using the Service and are bound by the following terms and conditions: (i)The General Terms and Conditions; (ii) The Gaming Rules; (iii) The Privacy Policy; (iv) The General Lottery Rules; (v) All terms and conditions and/or rules concerning bonuses, promotions and special offers which may be advertised in any part of our website; (vi) All further term and conditions contained in any of the platform which you may download in order to be able to use the services we provide.
- All the term and conditions listed in this page shall together be referred to as “the Terms of Use”. “User” and “Customer”, “You” and “Your” refers to you, the person accessing the Service and accepting the Company’s terms and conditions. Whenever the Customer uses the service, such as to place a lottery or to participate in any of the promotions offered, he/she agrees to be bound by the Terms of Use, including any amendment which may periodically take place.
- The Term and Conditions contained herein represent the complete, final and exclusive agreement between the Customer and the Company and supersede and merge all prior agreements, representations and understandings.
B. TERMS OF USE AND/OR SERVICE
- By using the service, the Customer confirms that he/she has attained the age of 18, as WinWise does not accept any User under the age of 18. WinWise reserves the right to verify any Customer’s statement of age and to exclude Customers from its services, if there are any doubts regarding the attainment of the minimum age required. Any Customer using our services, who is identified as underage, shall have all his/her winnings forfeited and his/her (gaming) account (hereinafter referred to as the “Account”) shall be blocked immediately.
- Each Customer who is desirous of having access to services and products offered by WinWise must open a gaming Account. By opening a WinWise account and by placing a lottery on any of our events/games, the User confirms that he or she retains the legal capacity to enter into an agreement with WinWise. If one of these conditions is not met, the User’s account will be closed and all other necessary measures will be implemented.
- Non-Commercial, non-professional purposes: the Customer´s interest in using the service is of a personal nature, and is to be used purely for personal entertainment. Any commercial and professional interest is discarded.
- WinWise does not warrant the constant availability and functionality of all or any products offered by WinWise. WinWise shall not be held liable and will be held harmless by the Customer for any damages, losses, costs, loss of profits or any other disadvantage a Customer may incur in connection with any disconnection from or the non-availability of any of the products offered by WinWise for whatever reason(s).
- WinWise shall not be held liable in any case for any damage or loss caused directly or indirectly by the service or by its contents or by the contents provided by a third party, unless they are based on intentional or gross negligence.
- WinWise shall not be liable if the Customer is unable to place a lottery due to congestion on the system or any other electronic communication media used for the purposes of playing our lottery events/games.
- Unless otherwise stated, all indicated dates and times are based on WAT (West African Time). Any exception to the existing Terms of Use will be communicated in written form to the Customer. Any verbal statement made by WinWise employees or affiliates will not be considered in case of a dispute.
- The gaming contract, as well as any other legal relationship between the Customer and the WinWise, for every circumstance not regulated by the Terms of Use, is subject to Nigerian laws. The gaming service is available in Nigerian Naira currency (₦) only.
- The Customer agrees that WinWise may use the name, town/city of residence and/or the image of the Customer for publicity or our own promotional material. WinWise may contact you to provide such material and funds may be temporarily withheld until such time the requested material has been received. WinWise would only seek this material in the event of a large (a sum not less than ₦500,000.00) win on any of the WinWise’s products or competitions. WinWise would always make every reasonable attempt of contacting the Customer before using/requesting such material (reasonable is defined as three attempted contact attempts by telephone, e-mail or text message).
C. DEPOSITS AND WITHDRAWALS
- The Customer may decide to increase the credit balance of his/her Account with one of the payment channels made available by WinWise. The Customer can similarly withdraw the residual credit balance using the same payment method provided upon registration, or any other payment gateway adopted subsequently by the customer once the full and appropriate verification has been completed. (Credit/Debit card, Bank Transfer, Virtual card (only for deposits), E-wallets.
- Withdrawals will be remitted only to the same account from which funds paid into the player’s account originated. No withdrawal will be authorized if it appears to be linked with transactions predominantly performed with the purpose of allowing the transfer of money from a payment means to another. If such a circumstance occurs, the relevant amount may only be remitted to the player through the same payment means from which the money deposited into the player’s account originated.
- In order to perform any transaction, WinWise may undertake any such verification checks as may be required by ourselves or by third parties (including, but not limited to, regulatory bodies) to confirm the legal ownership and the origin of the money, the identity of the applicant and to comply with the relevant Anti-Money Laundering Provisions.
- In order to withdraw your money, all the verification and security protocols required by your bank and our WinWise will be carried out. Whenever a transaction is made through bank transfer, credit card or electronic wallet, the first withdrawal request will be processed only after a security check has been performed. Full compliance with our requests will speed up the verification process.
- All withdrawals from gaming accounts will be subject to an audit before being processed. If the audit shows that the Customer has violated the provisions of the Terms of Use, WinWise may reclaim any bonuses or winnings previously credited.
- Payouts handled manually through an ordinary bank transfer are processed within 24 banking hours. However, the Customer acknowledges that we are at the mercy of the banks and Payment service providers in this regard and cannot do anything to speed up this process. As an alternative, withdrawals to e-wallets are usually processed instantly from the request. WinWise reserves the full right to carry out additional verification procedures for withdrawals exceeding certain amount, or when there is a suspicion of misuse of accounts or money laundering.
- Where WinWise requires you to appear in person, you will do so and pick up your winnings at our office.
- WinWise reserves the full right to limit or refuse the playing any of our events/games. Funds deposited in the Account, as well as winnings or other amounts not yet credited, shall not attract any interest.
- As the WhisperWise user, you are the lottery ticket sole owner and any winnings which arise from the tickets you buy on your behalf.
- You acknowledge that your lotto tickets can neither be transferred nor assigned to another party.
- As a WinWise user, you are responsible for the payment of all relevant taxes associated with the income you receive from your lottery winnings.
D. LEGAL USE OF THE WEBSITE AND OF ITS COMPONENTS
- WinWise is not liable for any attempts to use the services offered by means or ways not intended by us. Under no circumstances shall the platform be used for any purpose different from personal entertainment without the express consent of the WinWise.
- All Trademarks, Domains, Terms of Use, Logos, Images and any other material used by or in WhsiperWyse’s products (Eg. graphics, pictures, text, etc.), as well as, any other content or underlying idea that can be found within our platform, are owned by Whisper Konnect and protected by copyright in their entirety and may not be modified, reproduced and redistributed, in whole or in part, without Whisper Konnect’s express previous written permission. All necessary legal actions will be undertaken in order to ensure compliance to this policy.
- Any action aimed to interfere with the normal functioning of the platform including, but not limited to, releasing or propagating viruses, worms or logic bombs or similar is strictly prohibited and will be pursued to the fullest extent permitted by law.
- WinWise reserves the right to restrict access to certain parts of the platform and to certain Services offered.
- WinWise may, at any time and without previous notice, remove or amend any product offered via the platform, as well as alter available prices where such alterations do not affect lottery already in progress.
- Under some circumstances WinWise may provide its Customers with software designed internally or by third parties in order to optimize the functioning of the Website or to benefit from additional services. In such circumstances the Customer may be asked to accept further Term and Conditions related to the utilization of the new component. Any attempt to interfere with, modify or reverse engineer any software provided is strictly prohibited.
- WinWise is not liable for any possible IT failures caused by the electronic equipment used by the Customer while accessing the platform or for faults due to the internet service provider used by the Customer while accessing the platform.
- WinWise also assumes no liability for correctness, completeness or up-to-dateness of the information services provided neither for the accuracy of results, statistics and intermediate results available in our platform.
E. LINKING OTHER WEBSITES FROM OUR WEBSITE
- Where our platform contains links to other platforms and resources provided by our partners or other third parties, these links are provided for information only and we do not make any representations regarding the accuracy and reliability of contents available on such third-party platforms. We have no control over the content of those platforms and therefore accept no responsibility for them or for any loss or damage that may arise from their utilization.
F. MANAGING AN ACCOUNT
- As you are aware, the right to access and/or use the platform (including any or all of the products offered via the platform) may be illegal in certain countries (including, for example, UAE etc). You are responsible for determining whether Your accessing and/or use of the platform is compliant with applicable laws in your jurisdiction and you attest that gambling is not illegal in the territory where you reside. The platform does not constitute an offer, solicitation or invitation by WinWise for the use of gaming or other services in any Countries where such activities are deemed to be illegal. Each person should ensure that he/she would be acting legally in the Country where he/she is located while accepting the terms of Use as an individual Customer of WinWise and playing our games through the platform.
- Buying, selling or transferring of Accounts between Customers is prohibited. When a new account is opened, the Customer is responsible for the accuracy and up-to-datedness of all the personal information and contact details provided, including name and date of birth, address, telephone number and e-mail address. WinWise reserves the right to close the Account when the information provided is deemed to be false or inaccurate.
- All personal data is stored in the database of the company and will not be passed on to third parties unless in accordance with the terms set out in the Privacy Policy Section. WinWise reserves the right to relay suspected offender’s saved details to regulatory bodies, authorities or any other third-party, which deals with the investigation of offences concerning games or prize manipulation. (For our Privacy Policy, please visit the specific section).
- Every Customer may only open one account with us. WinWise retains the right to close the gaming account of any Customer who has opened multiple accounts under his/her name or under different or fictitious names. If we have reasonable grounds to believe that multiple accounts (also under different names) have been opened with the intention of defrauding WinWise, we retain the right to cancel any transaction related to the said fraud attempt.
- Customer is not allowed to transfer funds from his/her Account to other Users or to receive money from other Users into his Account, or to transfer, sell and/or acquire, user accounts. If a Customer does not access his Account by “logging in” using his Account name and security details for any period of six calendar months, his account shall be deemed to be “Inactive”.
- After opening an account, the Customer must keep his/her username, password and/or User ID a secret. All transactions where your username and password and/or User ID have been entered correctly will be regarded as valid whether or not they have been authorized by the registered Account holder. Any account registration will be subject to KYC processes. WinWise shall not be liable for any claims in the event that the Player gives away, tells, shares or loses his/her username, password or User ID.
- The Customer is entitled to apply for the closing of his Account whenever he/she wishes by sending a written request the Customer Service. The effective closure of the Account will correspond to the termination of the Terms of Use. In case the reason behind the closure of the Account is related to concerns about possible gambling addiction, the Customer shall indicate it.
- A closed Account may be reopened when requested by its owner and granted by the Company. In such circumstances, he/she will be subject to the Terms of Use that are in force at the date of the re-opening. WinWise retains the right to exclude Users from his services at its discretion. In this case, we will refund the residual credit balance in the Account, using the same payment method provided upon registration, or any other payment channels adopted subsequently by the customer upon their appropriate verification. If the Account has been closed due to an infringement pursuant to the Terms of Use or to a prohibited behaviour leading to collusion, Fraud or whatsoever Criminal Activity, the residual credit balance may be forfeited. The same procedure will be applied to open games that result in winnings.
- In accordance with the legal period of warranty requested by law, all the personal details saved in our system will only be deleted at your express request, after the expiration of the respite period of seven (7) years.
G. RESPONSIBLE GAMING
- We believe in Responsible Gaming and take our responsibility in this matter seriously. Gambling should be an exciting pastime, and we urge our Customers to have fun, but not stake beyond their means. WinWise is committed to endorsing responsible wagering among its Customers as well as promoting the awareness of problem gambling and improving prevention, intervention and treatment thereof.
- We make all efforts in order to ensure your pleasant online gaming experience while playing in WinWise, being fully aware of the financial harms associated with problem gambling. We strongly advise and recommend that our Customers endeavour to keep gambling distinctly separated from his/her daily activities; establish affordable deposit limits; consider the lasting time of each gambling session before its commencing; not resort to gambling as an alternative source of income or a way to recoup debit.
- If You wish to restrict Your gambling, WinWise provides a voluntary self-exclusion policy, which enables You to close Your Account or restrict Your ability to place lottery or play on the platform for a period of time which will be specified by the Company. Once Your Account has been self-excluded, you will be unable to reactivate the Account under any circumstances until the expiry of the period chosen under this paragraph. At the expiry of the self-exclusion period. You will be entitled to re-commence use of the Services by contacting Customer Services. The Company will employ all reasonable means in ensuring Your compliance with self-exclusion; however, you accept that we are not liable if You manage to by-pass our security measures in circumstances which are beyond our reasonable control.
H. BONUSES / PROMOTIONS
- The Bonus Conditions form part of the General Terms and Conditions. WinWise may in any moment offer you complimentary bonuses to be credited directly into your Account. Credited bonuses may only be used in relation to such services as may be specified when the bonus is offered to you. Acceptance of any Bonus results in implicit acceptance of additional terms and conditions the Company may make available to you in respect of each such bonuses, promotions and special offerings. WinWise reserves the full right to withdraw in any moment any credited bonuses when a material infringement of the Terms of Use has been ascertained.
- All bonuses and promotional offers are subject to the terms and conditions made available when communicating the bonus offer. If groups of customers acting in collusion or as a syndicate or individual customer who register several times, set up fictitious accounts or use front men attempting to rig bonus offers, WinWise reserves the full right to call in any bonus payments granted, cancel any winnings made with these bonus offers, refuse to pay out any amounts requested and close accounts.
- WinWise reserves the full right to deny admission or to terminate admission to any of the bonuses, promotions and/or special offerings, as well as to modify, suspend or discontinue their validity at its sole discretion and without informing the Customer.
- WinWise reserves the full right to terminate or change a bonus offer at any time. Furthermore, WinWise will not be responsible for the accuracy, completeness, or timeliness of the contents of the information services, including, but not limited to the result notifications delivered via email and SMS. Likewise, all data in the results, statistics and intermediate results of the games are subject to change. For further information about the rules concerning promotion/bonus offers, please refer to the respective rules.
I. APPLICABLE LAWS AND PLACE OF JURISDICTION
- Any lottery placed by the Customer shall be governed by the applicable provisions of the Nigeria Criminal Code Act, CAP. 22 and any Regulations and Rules made in terms thereof, as amended from time to time. It shall be the responsibility of the Customer to ensure that he/she is aware of these provisions.
- The National lottery contract, as well as any other legal relationship between the Customer and the WinWise, for every circumstance not regulated by the Terms of Use, is subject to Nigerian laws.
- If the Customer places a lottery from a location outside Nigeria, such a lottery shall be subject to all appropriate exchange control regulations and the laws of the foreign jurisdiction from which such communication originates and it shall be the responsibility of the Customer to ensure full compliance with same. WinWise makes no warranties and shall not be liable to the Customer if it is not able to remit any monies held by it to any account held by the Customer in a foreign jurisdiction.
J. INADVERTENT ERRORS
- Some circumstances may arise where a lottery is confirmed, or a payment is performed, by us in error. The following is a non-exhaustive list of such circumstances: (i) Whenever the prices/spreads/terms offered at the time the game is placed are clearly wrong given the probability of the forecast occurring; (ii) Whenever the prices/spreads/terms offered by WinWise are at variance with those available in the general market; (iii) Whenever a settlement error is made while computing or crediting the amount of winnings; (iv) Where a game containing incompatible elements is accidentally accepted, because of human or technical error.
- In all such cases WinWise reserves the right to cancel all the lotteries accepted containing such an error, or to correct the mistake made re-settling all the lotteries at the correct prices/spreads/terms that should have been available at the time that the lottery was placed in the absence of the error.
- Neither we (including our employees or agents) nor our partners or suppliers are liable for any loss resulting from any error made. Lotteries placed in order to cover flawed lottery will stand valid if not impaired by errors
- The Customer is obligated to inform WinWise, as soon as possible, of any amount wrongly credited to his/her account. WinWise may, at any time, set off any positive balance resulting from the erroneous operation, as well as cancel possible lotteries or transactions made with the erroneously credited funds.
- In the event of any dispute the Customer agrees that the records of our server shall act as the final authority in determining the outcome of any claim.
- WinWise will carefully record the winning number for all official lottery drawings. In the event wrong information is sent over to you the user, you reserve no right to any claim as shown by such erroneous information. Instead, you waive any claim against WinWise for receipt of erroneous information.
- WinWise will not be liable for delay or failure in undertaking an obligation under this agreement such as paying winnings and purchasing lottery tickets if it is prevented by causes beyond its control, including extreme weather, natural catastrophes, actions of lottery organizations or commissions, computer viruses, war, network slowdown, or any reason deemed as beyond the control of WinWise and its employees or agents.
K. COMPLAINTS AND SUGGESTIONS
- WinWise welcomes feedback from our Customers. If you have a complaint or suggestion that pertains to the Company, the platform or the Services offered, the first point of call is our Customer Care Service. Our Customer Care lines are available on the Home Page of the Website. You can also send us an email through help@wisewinn.com. The complaint or suggestion will be duly assigned to a representative that will provide you with the appropriate response. In the event that the complaint is not resolved as expected by you, a response will be provided to you via an sms or email by the Customer Service Rep, who will communicate the final outcome to you.
- Inappropriate, offensive or rude language, as well as damaging or malicious comments, will not be tolerated while communicating with our staff or in any discussion of our products and services in any media, social network or forum. Any infringement of this policy will result in the suspension of such a Customer’s Account or any additional action as may be required in order to ensure compliance.
- All complaints and suggestions should be communicated to the Customer Service in written form via internal chat, SMS or e-mail. No complaints regarding the acceptance, settlement or resettlement of a stake will be heard by us if they are not raised through our Customer Services within 24hrs from the incident which the lottery related to occurred.
L. WAIVER
- Under no circumstances will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms and Conditions or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to stop the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
M. SEVERABILITY AND TERMINATION
- If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms and Conditions which will remain in full force and effect. In the event of this, the part declared invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, WinWise’s original intent.
- WinWise has the right prior to accepting any lottery, to temporarily suspend or permanently terminate the provision of lottery services to a Customer without providing any reason(s).
- Result of games can be viewed from Desktop and mobile devices. At WinWise, we are very transparent with our draws by broadcasting/uploading it on our various channels including website and social media.
- To view drawn game numbers, click on Result on the home page. Select the game and the date you wish to view. The balls on GREEN are the winning number. Winning numbers are the first five number that are drawn at random out of the pool of numbers (1-49). The winning number and the nap type are solely used to determine if a selection made by a player is "win selection" or "loss selection”. The winning number and the nap type are solely used to determine if a selection made by a player is "win selection" or "loss selection”.