The Lucky Gene Terms and Conditions of Use
This website is operated by The Lucky Gene. The terms “we”, “us”, and “our” refer to The Lucky Gene.
The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”).
The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website.
Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users
who are browsers or customers. If you access and use this website, you accept and agree to be bound by and comply with the
services or place an order on our website.
2. Use of our Website
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation,
in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at
least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere
with our website’s network or security features or to gain unauthorized access to our systems.
You agree to provide us with accurate personal information, such as your email address, and other contact details in order to complete your order or contact you as needed.
You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance
The Lucky Gene website is for entertainment only, and your participation on our web site is solely for your own personal enjoyment and non-professional use.
No purchase is necessary or required to use The Lucky Gene, save in respect to any cost you may incur to access the internet,
charged by your internet service provider or telecommunications provider, and excluding premium membership accessible pages,
which require a paid membership to access. The Lucky Gene reserves the right to suspend, modify, remove and/or add any page and/or
content in its sole discretion with immediate effect and without notice and The Lucky Gene will not be liable for any such action.
3. General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending, or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or for any service, content, feature or product offered through our website.
To use premium features on The Lucky Gene, you will first need to register for an Account with us, by logging in with an External Authentication Provider.
You agree to allow us access to your email address, as the unique identifier to your Account.
The Lucky Gene does not store passwords. The email address must be a working email address.
Any login issues with an External Provider must be followed up with that External Provider.
The Lucky Gene reserves the right to refuse communication if you forgot the email address you used to purchase the membership.
You may only use the email address and the External Authentication provider you used when you purchased the membership
for subsequent login attempts.
5. True Identity and One Account
The email address entered on your Account must be your own working email address. You are prohibited from holding more than one Account at The Lucky Gene.
If you have lost your Account name or password, please follow up with the External Provider you used to purchase a membership with The Lucky Gene. If you lost your
email address and the External Authentication Provider information, we will be unable to retrieve that information for you.
6. Premium Membership Use
Paid memberships are for use only by the purchasing party, and may not be shared, rented, or made accessible to others in any way, directly or indirectly.
The available features available at each membership level are posted on The Lucky Gene website.
You are responsible for understanding the features available at each membership level before any purchase is made.
You accept and agree that all purchases are final, since the benefit of the purchase is delivered to you immediately
when your Account is associated with a membership, and that you will not seek a refund and you will not attempt to
reverse, cancel, or credit any payments made to the Lucky Gene through PayPal, or other payment service. Unless you purchased a Gold membership,
you may at any time upgrade or extend your membership. Downgrades are not permitted.
7. Inactive Accounts
User accounts that have not been used for three (3) months from the membership expiration date will be deleted.
8. Automated/Robotic Access
The use of automated software or technology to glean content or data from any page or part of The Lucky Gene for any reason is strictly prohibited. Access to The Lucky Gene is permitted only by using a web browser application that is completely controlled and directed by the person who is consuming the content. An example of prohibited access is a software application that is programmed to read lottery results from The Lucky Gene for the purpose of storing the results in a file or database. This is commonly referred to as "scraping" content, and it is prohibited by these Terms.
9. Products or Services
Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in US Dollars.
We reserve the right, in our sole discretion, to refuse orders, including without limitation,
orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
10. Links to Third-Party Websites
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
11. Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.
You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.
We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
12. Your Personal Information
13. Errors and Omissions
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake to update, modify or clarify information on our website, except as required by law.
14. Disclaimer and Limitation of Liability
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.
The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
16. Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful, or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
19. Governing Law
The Lucky Gene Website (excluding linked websites) is controlled from its offices within the Province of British Columbia, Canada. The Lucky Gene Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing this website, you agree that all matters relating to access to, or use of, the website, or any other hyperlinked website, shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the province of British Columbia and acknowledge and do so voluntarily and you will be responsible for complying with local laws.
20. Questions or Concerns
Please send all questions, comments and feedback to us on the Feedback page.
Last modified July 2023.