Loterías y Apuestas

GENERAL CONDITIONS OF USE OF THE WEBSITES AND MOBILE APPLICATIONS OF THE STATE-OWNED COMPANY LOTERÍAS Y APUESTAS DEL ESTADO, S.M.E., S.A. (SELAE)

1. Holder of websites and mobile applications

The provider of the information society services and holder of the websites and mobile applications available to users is Sociedad Estatal Loterías y Apuestas del Estado, S.M.E., S.A. (hereinafter, “SELAE”), with registered offices at c/ Poeta Joan Maragall 53, 28020 Madrid, TAX ID number A86171964, and registered in the Companies Register of Madrid in volume 28078, folio 202, section 8th, page M- 505970, entry 1ª.

The purpose of SELAE is the management, exploitation and commercialisation of the gaming activity in its different modalities, such as, for example, the games themselves, lotteries, bets, raffles and contests, both those carried out through face-to-face means and through electronic, computerised, telematic, interactive, audiovisual or any other channels that may be created or established in the future.

SELAE informs that it has not authorised any third party to sell any of its products through the Internet or other electronic or audiovisual media. These are only accessible through the official websites through which SELAE's gaming activities are managed at any given time, as well as, if applicable, through the mobile applications that SELAE makes available to users. Therefore, SELAE is not and will not be responsible for the actions that may be carried out by persons or entities that manage or participate in any way in other websites or applications other than those indicated.

SELAE reserves the right to take any action it deems appropriate to defend its legitimate rights and interests in the event that the actions of any third party may cause it any kind of damage or harm.

2. Purpose of SELAE's web and mobile sites

The terms and conditions indicated below regulate, in general, the access and use of SELAE's websites and mobile applications, as well as the services and contents associated with these sites and applications (hereinafter, also “the site/s” or “the website/s and mobile site/s"), without prejudice to the terms and conditions that may specifically regulate certain websites or mobile sites according to their purpose and to which these conditions will be applied in a subsidiary and complementary manner in what is not foreseen in them. The expression "website/s or website/s and mobiles" includes, but is not limited to, the data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, plastic works, photographs and others included therein and, in general, all creations expressed by any means or support, tangible or intangible, protected by the laws on intellectual property, industrial property and other rules of law.

The user is aware that access to and use of the services and content of the websites and mobiles is at the user's sole and exclusive responsibility.

By accessing the websites and mobile sites and/or viewing the contents or using the services contained therein, implies that the user expressly accepts these general conditions of use and, therefore, acquires a series of rights and obligations, in order to ensure the proper enjoyment of the services and contents found therein and that SELAE makes available to the user.

User status is acquired by accessing the websites or mobiles. The user shall use the services and content exclusively for private purposes, excluding any form of subsequent use of them for profit or to make any direct or indirect profit.

Should these general conditions be replaced by others, in whole or in part, these new general conditions shall be deemed to be accepted in the same form as those set out above. However, the user of the websites or mobiles must access these general conditions periodically to know the successive versions included here, although it is recommended that the user accesses them each time he/she intens to access or make use of the services and contents of the websites or mobile sites.

In the event that the user does not accept these general conditions and/or the specific conditions governing the use of a particular service and/or content, he/she must refrain from accessing the websites or mobiles and/or cease browsing them and not use the services offered.

The user must take appropriate technical security measures to prevent unwanted actions on their information system, files and computer equipment used to access the Internet and, in particular, the site, being aware that the Internet is not totally secure.

SELAE may unilaterally modify, without prior notice, the provision, configuration, content and services of the websites and mobile sites, as well as their conditions of use and access to the services provided.

The cost of dial-up or other charges for connection to access the websites and mobile sites shall be borne solely by the user.

3. User registration

The conditions of use of the user's access credentials are as follows:

• It is forbidden to use e-mail addresses or NIF/NIE numbers other than your own, either to register or to log in.
• Any access credentials (for example, password) chosen or assigned to the user are secret, personal and non-transferable and their safekeeping is the full responsibility of the user.
• The user shall choose access credentials and security questions that are not used in other IT systems and that have the recquired robustness in accordance with SELAE's security policies in force.
• The user shall exercise due diligence to prevent access and/or use of his/her user account by third parties.
• The user shall be solely responsible for the choice, loss, theft, disclosure, imprudent use or unauthorised use of any platform access credential or identification key and for the consequences that may arise therefrom.
• In the event that there are indications of loss, theft, filtering or unauthorised use of their access credentials, the usuer must inform SELAE, as soon as possible, lof the loss, theft, filtering or unauthorised use of their access credentials. In this way, SELAE will proceed to the precautionary suspension of the user's access until it is clarified.

Access to the user account shall be available by means of telematic access every day of the week, including holidays, during uninterrupted hours, except for scheduled maintenance or force majeure, breakdowns or operational or security incidents (such as Geoblocking, overcoming failed access attempts or similar). Maintenance tasks shall be limited to those that are strictly essential and, unless technically imperative, shall be concentrated in the platform's least active time slots. Maintenance tasks are understood to be those derived on a daily basis from, among others, the daily closure of activity, including reconciliations and data consistency checks, the determination of winners, notification and payment of their prizes, the regeneration of the platform for the restart of gaming activities, plus any internal security procedures conducive to ensuring the correct provision of the service.

The platform has a resilient design and outages due to failure have a low probability of occurrence. However, SELAE does not guarantee absolute availability of the system during scheduled operating hours.

4. Rights and obligations of the user

The user may:

• Access the contents and services of the websites and mobile sites available as such, without prejudice to the technical conditions, particular conditions, contract that regulate them and/or the need for prior registration as determined.
• Use the services and content available for his/her own private use only.
• To make correct and lawful use of the websites and mobile sites in accordance with current legislation, morality, good customs and public order.

In no case may the user:

• Accessing or using the services and contents of the websites and mobile sites to commit illegal actions or actions contrary to current legislation, morality, good customs and public order, for purposes harmful to the rights and freedoms of third parties, or that may harm, damage or impede in any way, access to them, to the detriment of SELAE or third parties.
• Use the services, in whole or in part, to promote, sell, contract, disseminate advertising or information of their own or of third parties without prior written authorisation from SELAE.
• Introduce information in the websites and mobile sites or use the services existing in them with the purpose of infringing –-directly or indirectly- the rights of other users or SELAE and, especially, their fundamental rights and public freedoms.
• Use the services and content offered in a manner contrary to the general conditions of use and/or the specific conditions that may regulate the use of a specific service and/or content, and to the detriment or damaging the rights of other users.
• Carry out any action that prevents or hinders access to the sites by users, as well as hyperlinks to services and content offered by SELAE or third parties through the websites and mobile sites.
• Use any type of computer virus, code, software, computer programme, computer or telecommunications equipment which may cause damage or unauthorised alterations to the contents, programmes or systems accessible through the services and contents provided on the websites and mobile sites or to the information systems, files and computer equipment of the users thereof; or unauthorised access to any contents and/or services of the websites and mobile sites.
• Eliminate or modify in any way the protection or identification devices of SELAE or its legitimate holders that may be contained in the contents hosted on the websites and mobile sites, or the symbols that SELAE or the legitimate third party holders of the rights incorporate to their creations that are the object of intellectual or industrial property existing in those.
• Include "metatags" corresponding to trademarks, trade names or distinctive signs owned by SELAE in websites under their responsibility or ownership.
• Reproduce all or part of the websites and mobile sites on another website; may not frame the site or the websites accessible through it that hide or modify -without limitation- contents, advertising spaces and brands of SELAE or third parties, regardless of whether or not they involve acts of unfair competition or confusion.
• Create frames within a website under their responsibility or ownership that reproduce the home page and/or the pages accessible through it, corresponding to websites and mobile sites without the prior authorisation of SELAE.
• Include in a website under its responsibility or ownership a hyperlink that generates a window or session of the browser software used by a user of its website, which includes trademarks, trade names or distinctive signs of SELAE and through which the main web page or any of the pages accessible through it is displayed.
• Use the brand, trade names, as well as any other identifying sign or other rights that are subject to intellectual or industrial property rights, without the prior express written authorisation of their owner.
• Carry out any action that involves the reproduction, distribution, copying, rental, public communication, transformation or any other similar action that involves the modification or alteration of all or part of the contents and services of the websites and mobile sites or their economic exploitation, without the prior written authorisation of SELAE or the third party owner of the intellectual and industrial property rights that apply to their services or contents, unless the provisions of these general conditions or, where appropriate, specific conditions governing the use of a service and/or content existing in them allow it.

5. Rights and obligations of SELAE

SELAE reserves the following rights:

• Modify the conditions of access to websites and mobile sites, technical or otherwise, unilaterally and without notice to users, without prejudice to the provisions of the specific conditions governing the use of a particular service and/or content intended for users of the sites.
• Establish specific conditions and, where appropriate, a price or other requirements for access to certain services and/or content.
• Limit, exclude or condition user access when not all the guarantees of correct use of the site by users are given in accordance with the obligations and prohibitions assumed by them.
• Terminate the provision of a service or content, without giving rise to any right to compensation.
• Modify, delete or update all or part of the content or services offered through the websites and mobile websites, without prior notice.
• Take any legal or judicial action that may be appropriate for the protection of the rights of SELAE and third parties that provide their services or content through the websites and mobile websites, whenever appropriate.
• To claim any compensation that may arise from the improper or unlawful use of all or part of the services and content provided through the websites and mobile websites.

6. Links

Links to other third party websites

In the event that the websites and mobile sites show links or hyperlinks to other websites and mobiles of third parties through different buttons, links, banners or embedded content, SELAE informs that these are directly managed by third parties. Under no circumstances will SELAE exercise any kind of control over these sites or contents, and it does not have the technical availability to know in advance and/or control and/or approve all the information, contents, reliability, accuracy, veracity, quality, products or services provided by other platforms to which links may be established from the website

Consequently, SELAE cannot assume any type of responsibility for any aspect related to the platform, web page and mobile websites to which a link may be established from the websites and mobile phones, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this sense, if users have effective knowledge that the activities carried out through platforms, mobile phones and third party websites are illegal or contravene morality and/or public order, they must immediately inform SELAE so that the access link to them can be disabled, an action that will be carried out as soon as possible.

n any case, the establishment of any type of link from SELAE's websites and mobile phones to another external website does not imply that there is any type of relationship, collaboration or dependence between SELAE and the person in charge of that external website.

 

Links to SELAE's channel on other platforms and social networks

SELAE provides users, through different tools and applications, with links that allow users to access the channels and pages of the websites and mobile sites that SELAE maintains on different platforms (Google play, App Store, etc.) and social networks belonging to and/or managed by third parties (e.g. Facebook, Twitter, Youtube, etc.). The inclusion of these links on the websites and mobile sites is solely for the purpose of providing users with access to these channels on the different platforms and social networks.

The establishment of these channels does not imply the existence of any relationship between SELAE and the holder, manufacturer or distributor of the linked platform, nor the acceptance and approval by SELAE of its contents and/or services; the holder, manufacturer or distributor being solely responsible for them.

In no way does SELAE share with Facebook, Twitter, Youtube or any other social network that may be incorporated in the future any type of private information about its users, being its only purpose the one established in the present Policy of Use of the Web and Mobile Sites as well as in the Data Protection Policy of SELAE's websites and mobile applications. In this sense, all the information that the user wishes to provide to these platforms will be under his/her own responsibility, and the provider does not intervene in this process.

The activation and use of these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, which are completely external and beyond SELAE's control. By accessing these external networks, the user enters an environment that is not controlled by SELAE, and SELAE assumes no responsibility for the security configuration of these environments.

Given that SELAE has no control over the content hosted on these channels, the user acknowledges and accepts that SELAE assumes no responsibility for the content or services that the user can access on these pages, nor for any content, products, services, advertising, or any other material available on them. Consequently, the user must exercise extreme caution in the evaluation and use of the information, contents and services existing in the linked channels, and in the information of the user or of third parties that he/she wishes to share in those channels.

Links in other web pages to SELAE

Users who wish to include hyperlinks on their private or commercial web pages to SELAE's web and mobile sites that are not limited solely and exclusively to accessing the home page, must (i) inform SELAE in writing and (ii) undertake to comply with any regulations regarding advertising in the gambling sector, if applicable. SELAE does not assume any responsibility in relation to links provided by third parties to its websites and mobile websites.

If users, entities or websites wish to establish links on their respective web pages or mobiles that direct to SELAE, they may be authorised to do so, although they must comply with at least the following conditions: a) the link may not reproduce the content of SELAE or parts thereof in any way; b) it is not allowed to create a browser or border environment on SELAE sections, nor may the websites and mobile sites be modified in any other way; c) it is not allowed to make false or inaccurate or incorrect statements or indications about SELAE and/or, in particular, to state or imply that the provider has authorised the link or has supervised or assumed in any way the contents or services offered or made available on the site where that link is established; d) the web page, platform and/or mobile phone on which the link to the websites and mobile websites is established shall not contain unlawful information or content, contrary to generally accepted morals and good customs and public order, nor shall it contain content contrary to any third party rights, including intellectual and industrial property rights and/or the right to honour, to personal or family privacy or to one's own image or any other right, or content contrary to the regulations governing the protection of personal data.

Under no circumstances does SELAE authorise the establishment of a link to websites and mobile websites from those sites that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene the law, morality or public order, or generally accepted social norms.

In any case, SELAE does not have the power or human or technical means to know, control or approve all the information, contents, products or services provided by other websites or applications that have established links to the platform. SELAE does not assume any type of responsibility for any aspect related to the platform, mobile and/or web page of third parties that establishes this link to the websites and mobile websites, specifically, including but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

7.Exemption and limitation of liability

SELAE is exempt from any kind of liability for damages of any kind in the following cases:

• Due to the impossibility or difficulty of connection to the communications network through which the websites and mobile sites are accessible, regardless of the type of connection used by the user.
• For the interruption, suspension or cancellation of access to the websites and mobile websites, as well as for the availability and continuity of their operation or their services and/or contents, when this is due to a cause beyond SELAE's control.
• SELAE does not assume any responsibility for the services and contents, nor for the availability and conditions, technical or otherwise, of access to them, which are offered by third party service providers and, in particular, with respect to information society service providers. Information society service providers shall be understood to be those natural or legal persons that provide the following services to the public: (i) transmission by a communication network of data provided by the recipient of the service; (ii) access services to the aforementioned network; (iii) data storage or hosting services; (iv) supply of content or information; (v) temporary copy services of the data requested by users; and (vi) the provision of links to content or search tools.
• The subsequent processing and use of personal data by third parties outside SELAE, as well as the relevance of the information requested by them.
• The quality and speed of access to websites and mobile sites and the technical conditions that the user must meet in order to be able to access them and their services and/or content.
• SELAE will not be responsible for any delays or failures that may occur in the access and/or operation of the services and/or contents of the websites and mobile sites, due to a case of force majeure.

The user will be personally liable for damages of any nature caused to SELAE directly or indirectly, due to the breach of any of the obligations derived from these general conditions or other rules governing the use of the websites and mobile websites.

8. Intellectual and industrial property

The user acknowledges that the contents and services offered through the websites and mobile websites as well as the brands, trade names or distinctive signs included in the websites and mobile websites are protected by intellectual and industrial property laws. The copyright and economic exploitation rights of the websites and mobile websites correspond to SELAE and/or third parties.

The provision of services and publication of content through the websites and mobile websites does not imply in any case the assignment, waiver or transfer, in whole or in part, of the ownership of the corresponding intellectual and industrial property rights by SELAE and/or its legitimate third party holders.

Under no circumstances may the user make any use or utilisation of the services and contents existing on the websites and mobile websites that is not exclusively personal.

No part of the websites and mobile sites may be reproduced, distributed, transmitted, copied, communicated publicly, transformed, in whole or in part, by any manual, electronic or mechanical system or method (including photocopying, recording or any information retrieval and storage system) through any medium currently known or to be invented in the future, without the consent of SELAE. The use, under any modality, of all or part of the content of the websites and mobile websites is subject to the need to request prior authorisation from SELAE and/or legitimate third party owners and the acceptance of the corresponding licence, if applicable, except for the provisions regarding the rights recognised and granted to the user in these general conditions or what is determined in the specific conditions that SELAE may establish to regulate the use of a specific service and/or content offered through the websites and mobile websites.

If the action or omission, guilty or negligent, directly or indirectly attributable to the user that causes the infringement of the intellectual and industrial property rights of SELAE or third parties -whether or not there is a benefit for the user- causes SELAE damages, losses, joint and several obligations, expenses of any nature, sanctions, coercive measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or procedure, whether civil, criminal or administrative; SELAE will have the right to take action against the user by all legal means at its disposal and claim any compensatory amounts, including, but not limited to, moral damages and image, consequential damages and loss of profits, advertising costs or of any other nature that may result for its reparation, the payment of amounts of sanctions or condemnatory sentences, interest for late payment, the cost of financing all amounts in which SELAE could be harmed, legal costs and the amount of the defence in any process in which SELAE could be sued for the aforementioned causes and, in general, for the damages caused by reason of its actions or omissions, without prejudice to exercising any other actions that may correspond to it by law.

SELAE does not acquire any legal obligation of any kind by downloading and using the mobile applications. SELAE only grants the user a non-exclusive and non-transferable licence to use the applications for personal and private use during the period of time for which it is active and for use worldwide, under the following conditions: (i) any non-private use is prohibited, as well as the alteration of any of the parts of the applications, including their functionality, reprogramming and reverse engineering, for any purpose; (ii) it is prohibited to transfer, move, lease or sell the applications or any other act of disposal, distribution and temporary or permanent public communication, free or for a fee; and (iii) it is prohibited to alter, modify or delete any symbols and protection mechanisms adopted in order to preserve SELAE's property rights.

The user accepts the use of the applications "as is" without any warranty or liability of any kind for improper installation of the application, use of the application, failure of the application or defective use.

9. Data protection

SELAE will process the user's personal data in accordance with current legislation on personal data protection in Spain. For more information, please consult the  Data Protection Policy.

10. Uso of cookies and web beacons

For information about data storage and retrieval devices on the terminal equipment of users of SELAE websites and mobile websites, please visit our Cookies Policy.

11. Miscellaneous

The fact that SELAE does not demand at a given moment the respect of any of the conditions established in these general conditions cannot be interpreted by the user as a waiver by SELAE to demand their fulfilment at a later date.

In the event that any clause of these general conditions is null and void, in whole or in part, this nullity or voidability shall not affect the validity of other clauses of the same conditions, which shall remain in full force and effect, unless the party alleging their nullity or voidability proves that without the clause that is null and void or voidable, the purposes of these conditions cannot be fulfilled.

The parties, expressly waiving their own jurisdiction, submit to the Courts and Tribunals of the city of Madrid for the resolution of any disputes that may arise.

 

Last update: 19 May 2023