Acceptable Use Policy

This acceptable use policy sets the terms between you and us under which you may access our website wingxx.com ("our site"). This use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy.
WINGXX.COM is a site operated by WINGXX Limited ("we").We are a limited company registered in Hull, North Humberside, England, HU3 1PJ, under company number 07091526.

PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful, or has any unlawful purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

YOU ALSO AGREE
Not to reproduce, duplicate, copy or re-sell any part of our site.
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES
We may from time to time provide interactive services on our site, including, without limitation:
Video Games
Chat rooms
Bulletin boards
("interactive services")
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is not recommended and is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
Be accurate (where they state facts);
Be genuinely held (where they state opinions);
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person;
Contain any material which is obscene, offensive, hateful or inflammatory;
Promote sexually explicit material;
Promote violence;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any copyright, database right or trade mark of any other person;
Be likely to deceive any person;
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Promote any illegal activity;
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
Be likely to harass, upset, embarrass, alarm or annoy any other person;
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
Give the impression that they emanate from us, if this is not the case;
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site;
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
Issue of a warning to you;
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Further legal action against you;
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Associate Terms and Conditions

WINGXX Limited (“hereinafter referred to as “WINGXX” or “the Company”), a company registered in Hull, North Humberside, England, HU3 1PJ, under company number 07091526 is the promoter of this trading scheme in the United Kingdom. The operational address is 21 Albany Street, Beverley House, Hull North Humberside England HU3 1PJ.

The products and services sold through this scheme are lottery and syndicate services and related products and services marketed by WINGXX from time to time. The Associates participate in this scheme as introducers.

Upon acceptance of the Associate Agreement by WINGXX and in consideration of WINGXX granting to the Associate the non-exclusive right and privilege to promote WINGXX products and services and the WINGXX referral business opportunity, the Associate hereby agrees to the following terms and conditions:

An Associate is appointed as an independent Associate from the date of acceptance of the application by WINGXX. To apply for an Associate membership the applicant must be 18 years old or over and must be an active customer of WINGXX with at least one consuming product. WINGXX reserves the right in its sole discretion to accept or reject an application to become an Associate.

Except the consumption of at least one WINGXX product, no additional investment is necessary to become an Associate. The Associate acknowledges that purchase of any products, services, promotional or sales aid literature or attendance at any WINGXX sponsored training is entirely optional.

On acceptance of the Associate’s application an e-mail will be sent confirming the Associate membership number.

An Associate must comply with the terms of the Associate Agreement including the Policies and Procedures. The Associate acknowledges that he/she has a copy of the said Associate Agreement.

Upon notification to the Associate, WINGXX may at its discretion amend the Associate Agreement. The Associate's continued engagement in promoting WINGXX products and services, promoting the WINGXX referral business opportunity, or both, after notice of any revisions to the Associate Agreement including in particular the Policies and Procedures and the Commission Plan (and if applicable the supplement terms and conditions for organizations) shall constitute his/her agreement to such revisions and legally binding amendment of the Associate Agreement including the Policies and Procedures and the Commission Plan.

The Company may terminate this Associate Agreement by giving notice in writing if:
an Associate’s conduct in any way compromises the Company’s reputation or contravenes the terms of the Associate Agreement including the Polices and Procedures or
If the Associate also being a Player Member contravenes the terms of the Player Agreement. An Associate has 30 days in which to appeal against the decision, with legal representation if required. The company may further conduct a random audit of the Associate's account at any time and may in it's sole discretion terminate this Affiliate Agreement if the Affiliate has not sponsored an Associate or Player Member for 6 consecutive months.

The Company will pay to an Associate commissions and other benefits as set out in the Company’s Commission Plan.

The Associate is an independent contractor and the Associate Agreement does not create a franchise or an employer/employee, partnership, or joint venture relationship. An Associate is not under any obligation to undertake any work of any nature whatsoever. The Company shall not be responsible for any sick leave, taxes or similar matters and accepts no responsibility for the procuring of insurance or any superannuation in respect of the operations of an Associate. The Associate shall be responsible for the filing of all necessary tax returns and paying all applicable taxes due in relation to the Associate's WINGXX business. Further, as an independent contractor the Associate agrees to:

abide by any and all laws, rules and regulations, pertaining to the Associate Agreement (and in particular the Trading Schemes Regulations 1997 and the Consumer Protection from Unfair Trading Regulations 2008) and/or pertaining to the promotion of WINGXX products and/or services;

at the Member's expense, make, execute or file, all reports and obtain all licenses (including if applicable, VAT registration) as are required by law or public authority with respect to the Associate Agreement, the sale of WINGXX products and/or the promotion of WINGXX services and the WINGXX business opportunity.

An Associate will bear all costs and expenses incurred by him/her in connection with their activities as an Associate, and he/she hereby indemnifies and keeps the Company indemnified against all actions, proceedings, liabilities, claims, damages, costs, and expenses arising out of or in any way relating to their actions. The Company is responsible only for the inherent quality and integrity of its products and services.

Commission is calculated at the end of every month 28 to 31days business cycle.

Any sale or assignment of the Associateship must be approved in writing by the Comany.

If the Associate sponsors other Associates, the Associate understands and agrees that the Associate must use his/her best efforts to provide, on an on-going basis, bona fide support and training of sponsored Associates and their team, which shall mean such activities as ongoing contact, communication, encouragement and support of his/her organisation including, but not limited to, providing information and training to sponsored Associates in connection with the legislative and regulatory requirements to be complied with in the United Kingdom.

The Associate Application Form, these terms and conditions, the Policies and Procedures and the Commission Plan and where the Associate is a charity company or organisation the supplemental terms and conditions for organisations (as amended from time to time) each of which documents is hereby incorporated into the Associate Agreement by reference, constitute the entire agreement between the Associate and WINGXX and no other additional promises, representations, warranties or agreements of any kind shall be valid unless in writing and issued by WINGXX.

The Company never forfeits its rights to require an Associate’s compliance with the Associate Agreement or with applicable laws and regulations governing business conduct. Only in rare circumstances will a policy be waived, which is only permitted when conveyed in writing by the Company. Any such waiver will apply only in that specific case and may not be used as a precedent in any other case.

The Company’s failure to exercise any of the rights in the Associate Agreement or to insist on strict compliance with these terms and conditions or the Policies and Procedures does not constitute a waiver of the Company’s right to require compliance. Waiver of any part of the Associate Agreement or any provision of the Commission Plan must be in writing and signed by an authorised officer of the Company.

Any notice or other written communication given under or in connection with the Associate Agreement may be delivered personally or sent by first class post to WINGXX at the address shown on the Member Application Form or such other address notified from time to time by such party to the other.

If at any time any term or provision in the Associate Agreement shall be held to be illegal, invalid or unenforceable in whole or in part under any rule of law or enactment, such term or provision or part shall to that extent be deemed not to form part of the Associate Agreement but the enforceability of the remainder of the Associate Agreement shall not be affected.

The terms and provisions of the Associate Agreement and any dispute arising thereunder shall be governed by English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts.

Associate Policies and Procedures

Section A - Introduction

1. Policies and Procedures

These Policies and Procedures are incorporated by reference into the WINGXX Associate Agreement and if applicable the supplemental terms and conditions for organizations. You must read and understand these Policies and Procedures prior to using the WINGXX program to build your independent business. As a WINGXX Associate , you must comply with all terms and conditions set out in these Policies and Procedures, the Associate Agreement and if applicable the supplement terms and conditions for organizations. You must honor all applicable laws, codes of conduct and regulations in the country where you live and in the countries in which you operate your WINGXX business. The words ‘the Company’ and ‘WINGXX Ltd.’ and the abbreviation “WINGXX” when used in this document, refer to WINGXX Limited.

2. Purpose

The purpose of the Associate Agreement is: To demonstrate the need for and set standards of acceptable business behavior; To assist you in building and protecting your business; And To define the relationship between WINGXX and you as an independent Associate.

3. Changes

The Company reserves the right to amend the Associate Agreement at any time. WINGXX will notify you of any such changes. When there is a change in any official documents the Company will inform you through the official WINGXX material sent to you. Your continued engagement in promoting WINGXX products and services, promoting the WINGXX business opportunity, or both, after notice of any revisions to the Associate Agreement including in particular these Policies and Procedures and the Commission Plan (and if applicable the supplemental terms and conditions for organizations) shall constitute your agreement to such revisions and legally binding amendment of the Associate Agreement including the Policies and Procedures and the Commission Plan (and if applicable the supplemental terms and conditions for organizations). Occasionally, it may not be possible for the Company to carry out its obligations because of circumstances beyond the Company’s control, such as strikes, labour difficulties, fire, curtailment of the source of supply, government decrees or orders, etc.

Section B - Becoming an Associate

1. To Become an Associate You Must:

Be at least 18 years of age and
read the Associate Agreement including these Policies and Procedures (and if applicable the supplemental terms and conditions for organisations) carefully. When you have read and understood the Associate Agreement, you will agree and sign up online.
The new Associate will be placed in the downline of the person stated in the sponsor information section. Incorrect or incomplete sponsorship information may delay commissions and bonuses.
WINGXX is not responsible for incorrect or incomplete applications. As an Associate you hereby agree that WINGXX may retain and process the personal information given by you to WINGXX for purposes including the marketing commissions payable and performance of the WINGXX business. WINGXX may record this information manually and/or electronically and will be the data controller for this information. WINGXX may disclose and transfer such personal information to other members of the WINGXX group of companies which are situated inside and outside of the EEA and to other persons for the purposes of WINGXX’s business including other WINGXX Associates for the purposes of maintaining and administering the Affiliate genealogy.

2. Membership Number

WINGXX will provide you with a Membership Number (MN) that must be quoted on all correspondence.

3. Member Benefits

Once WINGXX has accepted your application to become an Associate you may:
Participate in the WINGXX Commission Plan.
Gather other Player Members.
Sponsor other individuals who want to apply for Associateship.
Receive WINGXX literature and communications.
Participate in Company sponsored support, service, training, motivational and recognition functions.
Participate in promotional and incentive programmes for Associates.
WINGXX will maintain an Associate account in your name, setting out all debts and credits, including payments made in accordance with the Commission Plan. A statement is issued every month.

Section C - Operating as an Associate

1. Commission Plan

You must adhere to the terms of the WINGXX Commission Plan as set out in the Commission Plan document.
The Company reserves the right to amend the Commission Plan at any time in accordance with the terms of the Associate Agreement.

2. Media Enquiries

All media enquiries regarding WINGXX must be referred to the Company. This will ensure accurate and consistent information reaches the general public.

3. Trademarks and Copyrights

You are not permitted to use the WINGXX trademark or corporate logo to promote your independent business except in authorised and WINGXX issued materials and literature provided to you for the purpose of promoting your WINGXX business.
You may describe yourself as a ‘WINGXX Associate’ in a telephone directory or advertising literature.
You should not answer your telephone in any manner that may indicate or suggest that the caller has reached a WINGXX corporate office.
You may not record or reproduce materials from any WINGXX corporate function, event, speech, etc.
You may not reproduce any company-produced audio or video material or presentations.
You may not create, publish, or cause to be published in any written or electronic media, the name, photograph, or likeness of copyright materials or property or individuals associated with the Company without the written permission of WINGXX.
You may not publish or distribute any literature, materials or merchandise representing WINGXX or its products or services other than that which is provided by WINGXX.

4. Claims

When presenting information about WINGXX products or services, you must not make claims (about the products or services) except as set out in authorised WINGXX literature.

5. Income Claims

When presenting the WINGXX business opportunity and the WINGXX Commission Plan, you may not make exaggerated income projections, income claims, or exaggerate your WINGXX income.

6. Commercial Outlets

The company markets its products and services directly to its customers only through its network of independent Associates.

7. Other Companies and Products

During the term of the Associate Agreement you are free to participate in other referral marketing ventures and may engage in selling activities involving non-WINGXX products and services. However, you may not:
Recruit or enrol WINGXX customers, Player Members or Associates for any other referral marketing business ventures.
Produce any literature, tapes, or promotional material for another referral marketing company that will be used to recruit WINGXX customers, Player Members or Associates.
Sell or promote any competing products or services to WINGXX customers, Player Members or Associates. This includes any product or service in the same generic category as a WINGXX product or service.
Offer WINGXX products or services or promote the Company’s Commission Plan in conjunction with any non-WINGXX product, plan or incentive.
Offer any non-WINGXX product or service or opportunity in conjunction with the offering of WINGXX products, services or opportunities.
Recruit a prospective Associate, who accompanies another Associate to a Company meeting or function, within 28 days of that meeting.

8. Genealogy Reports

The WINGXX genealogy reports (being the information held by WINGXX relating to its Associates, which at WINGXX's option may include but are not limited to its relationships with each of its Associates, the sponsorship of each Associate, the Associate's organisation and historical transaction information for each Associate and Player Members) contain confidential information which is highly sensitive and valuable to WINGXX's business and which shall at all times remain the property of WINGXX. You may not use the reports for any purpose, other than for developing your WINGXX business; specifically, you must not:
Disclose or permit the disclosure of any information contained in the reports to any third party.
Use the reports to compete with WINGXX.
Recruit or solicit any Player Member or Associate on the report to participate in other referral marketing ventures.
You will return copies of any such information to WINGXX forthwith upon the termination of the Associate Agreement for whatever reason.

9. Deceptive Practices

You must fairly and truthfully explain the nature of the WINGXX products, services, the business opportunity, the Commission Plan and the terms of the Associate Agreement including these Policies and Procedures to a prospective Associate. This includes:
Being honest and thorough in presenting material from the WINGXX Commission Plan to all potential Associates.
Making clear that income from the WINGXX Commission Plan is based on personal product consumption and promotion of WINGXX products and not sales of WINGXX products or sponsoring other Associates.
Not misrepresenting the amount of expenditure that an average Associate might incur in carrying out the business.
Not misrepresenting the amount of time an average Associate would have to devote to the business to achieve the earnings estimated and not stating that earnings are guaranteed for any individual Associate.
Not stating or inferring that you will build an organisation for anyone else.
Not stating that any consumer, business, or government department or agency has approved or endorsed WINGXX products, services or its Commission Plan.
In the event that a payment in respect of commissions or winnings payable is not received by you, it must be reported to the Company within twenty eight (28) days of the date of issue.

10. Independent Contractor Status

The agreement you have with WINGXX does not create an employer/employee relationship, partnership or joint venture. You are responsible for paying your own income tax, setting your own goals, hours and methods of sales. You are an independent contractor.

11. Insurance

WINGXX recommends that you obtain appropriate insurance cover for your business activities.

12. Sales, Transfer, or Assignment of Member’s Business

You may not sell, transfer, or assign your Associate business to any person or entity without the Company’s written approval. An Associate may not hold more than one Affiliate position. Consent will not normally be given to the transfer of your Associate business to any person or entity that has owned or operated a WINGXX Associate business within the previous 12 months.

13. Succession

If an Associate dies, their rights to commissions, bonuses, will pass to their nominated beneficiary who shall be eligible either to (I) accept the Associate position on the terms of the Associate Agreement as if they were a party there to or (II) to require final payment of sums due if any under the Associate Agreement. Upon an Associate’s death the beneficiary must present the Company with proof of death along with grant of probate. You may inherit and retain another Associate’s business even though you currently own or operate an Associate’s business. WINGXX reserves the right to suspend the Associate position until receipt of documentation evidencing the entitlement of the heir to the deceased Associate’s position.

14. Incapacity

Upon the incapacity of an Associate, the rights and responsibilities of the Associate can be assumed by his/her attorney who may handle his/her WINGXX affairs even though he/she may him/herself hold a WINGXX Associate position. WINGXX reserves the right to suspend the Associate position until receipt of documentation evidencing the authority of the attorney.

15. Income Tax

All persons must comply with the Income Tax laws.
The income which you earn from your activities as a WINGXX Associate may be subject to income tax and you should take the necessary action to ensure that, if so, your WINGXX income is included in your next tax return.
Under income tax laws you are entitled to deduct from your income certain expenses related to your business so you should ensure that you keep proper records of your expenditure.
You should obtain a receipt for all deductible expenses and carefully file them, since they may be required to support your claims for expenses incurred.
If you are in any doubt about your income tax liability you should seek professional advice.

16. Line of Sponsoring

You have the ultimate right to choose your sponsor.
As a general rule, the first Associate who introduces you to WINGXX should have the first opportunity to sponsor you. The Company will recognise the first person listed on your Associate application form as your sponsor.
You are not permitted to persuade or attempt to persuade any other WINGXX Associate to cancel an existing Associate Agreement with WINGXX in order to join your organisation.

17. Transferring to Another Sponsor

The integrity of the lines of sponsorship is fundamental to the organisation's functionality and success. Once an Associate is sponsored WINGXX believes in protecting his/her relationship to the fullest extent possible. However, the following exceptions may be made at the sole discretion of WINGXX:
By terminating the Associate Agreement and remaining inactive for a period of six (6) months before re-applying under a different sponsor;
In the case of proven unethical sponsoring by the original sponsor; or
With the written approval of the immediate four (4) active upline Associate sponsors who shall each complete a form of consent agreement. If the consent of each of the four (4) active upline Associate sponsors cannot be obtained no transfer will be permitted.
In the case of written points above the Associate position may at the sole discretion of WINGXX be transferred with any and all of the downline organisation intact.

Section D - Responsibilities of Members and Sponsors

1. Supervision, Training and Sales

When you sponsor a new Associate, you should instil knowledge of the products and services, effective promotional techniques, and an understanding of the Commission Plan and the Policies and Procedures. You should monitor Associates in your organisation to ensure they conduct their businesses professionally and ethically and provide quality Associate support.

2. Reporting Policy Violations

You must report any observed violations of the Associate Agreement to the Company.

Section E - Bonuses and Commissions

1. Bonus and Commission Cycles

The Company pays commission and winnings in each case for the last month at the latest up to 20th of the current month.

2. Adjustments of Bonuses and Commissions

Commissions and bonuses are paid on your turnover from WINGXX products and service and those of your organisation. Accordingly, commissions and bonuses will be adjusted when any Player Member requests a refund. WINGXX will claw back the commission earned on the refunded turnover. In addition where bonuses or commissions paid to Associates on products or services refunded to Associates in your organisation within the preceding one hundred and twenty (120) days shall be repayable by you and may be deducted from your account with WINGXX at any time where an Associate in your organisation terminates his/her Associate Agreement or it is terminated by WINGXX.

3. Rights to Earn Commissions

You must:
Comply with the terms of the Associate Agreement to qualify for commissions and bonuses.
‘Qualify’ has the meaning and conditions as set out in the Commission Plan (see Commission Plan document).
No payment is made for introducing new Associates to the business. You earn commissions on the turnover of your Player Members and Associates only.

4. Unclaimed Commissions and Credits

Credits are held in your winnings and commissions account until the balance rises above £10/€ 10. When the balance reaches that level, payment is made in accordance with your chosen method.
Any alleged errors in commission calculation, statements or payments must be reported to Member Support within 30 days of the date of the relevant commission statement or payment. All errors will be investigated by the Company promptly and you will be notified of the result of such investigation within 14 days of the report.

Section F - Cancellations and Refunds

 

1 Cancellations and Refunds

Refunds will be made to Associatesin accordance with the terms and conditions of the Associate Agreement.

Section G - Dispute Resolution and Violations of Agreement

1. Disputes between Associates

You should attempt to resolve any disputes that arise with other Associatesor seek assistance from your upline. If you cannot resolve the dispute you should contact the Company and supply all the facts in writing.

2. Set Off

In addition to any other rights and/or remedies available to WINGXX if any amount payable by the Associate to the Company becomes overdue WINGXX may deduct such monies from any amount due from WINGXX to the Associate.

Section H - Associate Services

1. Changes To the Associate Business

You must notify the Company in writing of any change to the information supplied in your Associate Application.

Section I - Termination Policies

1 Termination by Company

WINGXX may terminate an Associate’s business for a violation of the Associate Agreement including these Policies and Procedures. This will result in the loss of all rights regarding the Associate’s organisation and any future bonuses and commissions generated.
The Company may further conduct a random audit of the Associates account at any time and may in its sole discretion terminate this Affiliate Agreement if the Affiliate has not sponsored an Associate or Player Member for 6 consecutive months.
The Associate will be notified of this action and may appeal against the termination. Any appeal must be in writing and addressed to the Company within 30 days of receipt of the termination letter.
A terminated Associate may re-apply to become an Associate 12 months from the date of termination. They should write to the Company with reasons why they feel they should be allowed to operate an Associate’s business again. WINGXX may accept or reject a re-application

2. Termination of Business by the Associate

You may terminate your Associate Agreement at any time and for any reason without penalty by 14 days notice in writing.

3. Effect of Termination

Following termination the Associate shall have no right, claim, title, or interest in their organisation or any future bonuses or commissions from the earnings generated.

4. Terminated Associates

Shall not present themselves as WINGXX independent Associates.
Shall not have the right to promote WINGXX products or services.
Must remove references to WINGXX from public view.
Will receive commissions and bonuses for the last full month immediately before termination if qualified as set out in the WINGXX Commission Plan.

Section J - Definitions

1. Associate Agreement

Refers to the Associate Application form, the terms and conditions, the Policies and Procedures and the Commission Plan.

2. End Consumer/Player Member

A person who purchases WINGXX products or services for the purpose of personally using them and does not participate in the Commission Plan.

3 Genealogy Report

A report generated by WINGXX that provides information about an Associate’s organisation. This report contains confidential information and proprietary trade secrets.

4. Official WINGXX Materials

Literature, audio or videotapes and other materials developed, printed, published or distributed by WINGXX.

5. Sponsor

The Associate responsible for the enrolment of a new Associate. An Associate’s sponsor is listed on their application form.

6. Upline

Refers to the Associate or Members above a particular Associate in a sponsorship line up to the Company. Conversely, it is the line of sponsors that links the Company to an Associate.

7. Associate

A person who agreed and signed up online the Associate Application Terms and is accepted as a associate member by WINGXX to promote WINGXX products and services and the WINGXX business opportunity.

Player Terms and Conditions

This page together with the documents referred to on it tells you the terms and conditions of membership (“Membership”) to a syndicate to play the draws known as “EuroMillions” within the United Kingdom (collectively referred to in these terms as the “Draw(s)”) as set out on this website. Please read these terms and conditions carefully before applying for Membership. You should understand that by applying for Membership, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please tick the box marked "I Accept" on the application process if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to apply for Membership.

1. INFORMATION ABOUT US

1.1 www.wingxx.com is a website operated by WINGXX Limited (“we, us, our”). WINGXX Limited is registered in Hull, North Humberside, England, HU3 1PJ, under company number 07091526

2. YOUR STATUS

2.1 By applying for Membership through this website, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old.
2.2 We reserve the right to ask for proof of age from you and any application for Membership may be suspended until we are in receipt of satisfactory proof of age.
2.3 We also reserve the right to request proof of residence from you and any application for Membership may be suspended until we are in receipt of satisfactory proof of residence. It is your responsibility to ensure that you comply completely with your own local, national or state laws. We will not be liable for any breach by you of any such laws.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 You should apply for Membership by completing the online Membership application, submitting the Fees (as defined in clause 6.1) and if applicable the optional Entry Protection Deposit. Submitting an application for Membership does not mean that your application has been accepted. Your application constitutes an offer to us. All applications are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email (the “Membership Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Membership Confirmation. A Membership Confirmation will be sent, subject to acceptance, on receipt of cleared funds in payment of the Fees.
3.2 Together with the Membership Confirmation we shall send to you by email a Membership number (which should be quoted by you on all correspondence) and details of the numbers selected by us (the “Original Numbers”) which will be entered into each Friday Euromillions draw by us during your Membership in accordance with your instructions. From time to time, at our sole discretion, it may be necessary to consolidate syndicates for the Draws and in such event we shall notify you in writing of the changed numbers which shall replace the Original Numbers (or any other numbers used for the Draws during your Membership), which shall be entered into each Draws by us from the date of such notification.
3.3 We reserve the right to accept or decline any application for Membership for any reason whatsoever.
3.4 Your Membership will apply from the first draw on the following month following the business day of the Membership Confirmation. For this purpose a business day will close at 18.00 BST (GMT + 1) or one and a half hours before the closing time for the purchase of tickets for the next Draw whichever is the earlier and applications received after such time on the day of a Draw will not be eligible for the Draw on that date.

4. OUR STATUS

4.1 We act as the operator of a syndicate service in relation to the Draw and as such purchase the relevant lottery ticket in our name. We do not purchase lottery tickets in your name or on your behalf. Your Membership does not entitle you to any interest in any lottery tickets purchased by us.
4.2 We do not sell lottery tickets and do not operate a lottery. We are not connected to or affiliated with or approved by the National Lottery Commission or any other body or organisation related to the National Lottery.
4.3 We may also provide links on this website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through this site, or from companies to whose website we have provided a link on this site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
4.4 We provide this syndicate service at our own discretion and can change or amend the service at any time without prior notice.

5. CONSUMER RIGHTS

5.1 You may cancel your Membership at any time by giving not less than 28 days notice using the facility in your member’s website or by email in accordance with clause 11.
5.2 For the avoidance of doubt your Membership will not apply to any Draws made after the date of cancellation of your Membership and you shall not be entitled to any monies whatsoever in relation to any Draws after such date.
5.3 During the notice period you will be eligible to participate in syndicate entries in Draws for which we hold Fees in your account but no further Fees will be payable or accepted by us.
5.4 This clause does not affect your statutory rights.

6. PRICE AND PAYMENT

6.1 You shall pay to us the fee set out on the Membership application monthly appropriate and in advance (the “Fees”).
6.2 The Fees shall be paid to us by you in cleared funds.
6.3 The Fees are liable to change at any time, but written notice of such changes will be provided to you no later than 14 days prior to such change.
6.4 Despite our best efforts, fees listed on our site may be incorrect. We will normally verify prices as part of our application for Membership procedures so that, where a fee is less than our stated fee, we will charge the lower amount when providing the Membership Confirmation. If a fee is higher than the fee stated on this site, we will normally, at our discretion, either contact you for instructions before dispatching the Membership Confirmation, or reject your application and notify you of such rejection.
6.5 We are under no obligation to provide Membership to you at the incorrect (lower) fee, even after we have sent you a Membership Confirmation, if the error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.6 Payment for the Fees must be by credit or debit card, international money order or bankers draft. We may accept other payment methods from time to time at our sole discretion.
6.7 If payment of the Fees is not made on the due date for any reason whatsoever (including but not limited to credit card or debit payment card failure), without limiting any other rights we may have, we shall be entitled to deduct a sum equal to such overdue monies from the Entry Protection Deposit (if applicable) in payment of such overdue amounts and/or immediately suspend and or terminate your Membership without any liability to you whatsoever. If your Membership is suspended and/or terminated by us from the date of such suspension or termination (whichever is the earlier) you shall be removed from the relevant syndicate and will not be entitled to any monies generated by any relevant Draws.
6.8 Notice of suspension and/or termination, as referred to in clause 6.7, shall be provided by us to you in accordance with clause 11.
6.9 You hereby acknowledge and agree that the Fees represent a charge made by us in relation to the provision by us of syndicate management service and not for the purchase of Lottery tickets.

7. PAYMENT OF PRIZES

7.1 Any prize won in a lottery Draw by the syndicate to which your Membership relates (“Your Syndicate”) shall be divided equally between the participating members of Your Syndicate. You will be entitled to an equal share of the monies due in relation to Your Syndicate pursuant to the relevant lottery Draw (the “Prize”).
7.2 Subject to clause 7.3, we shall pay the Prize (without any interest) to you within the following month until the 20th latest.. We shall not be liable for any delay of the payment to us of such Prize howsoever caused.
7.3 In the event that the operator of the lottery Draw(s) from time to time requires the repayment of any monies paid by it to us in relation to the Prize, you hereby undertake to pay to us a sum equal to the relevant Prize within 14 days of a written request from us. You agree to fully indemnify us against all claims, liabilities, losses, costs and expenses (including legal fees) arising out of any breach by you of the provisions of this clause.

8. OUR LIABILITY

8.1 We will endeavour to provide the services relating to your Membership using our reasonable care and skill. Subject to clause 8.3 we make no further warranty or representation, whether express or implied in relation to the services relating to your Membership and all implied warranties or conditions are hereby excluded.
8.2 We make no warranty that the services provided by us in relation to your Membership will be uninterrupted, timely, secure or error-free. In the event of any system or communication error in relation to the generation of syndicate numbers we will not be liable to you as a result of any such errors and we reserve the right to withhold the payment to you of any Prize in such circumstances.
8.3 Nothing in these terms and conditions shall exclude or limit any person’s liability
for fraud;
for death or personal injury caused by its negligence (as defined in section 1 of the Unfair Contract Terms Act 1977);
for any breach of the terms implied by section 12 Sales of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
which it is not lawfully permitted to exclude or limit.
8.4 You acknowledge and agree that in accepting these terms and conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether or not such person is a party to these terms and conditions).
8.5 Our liability in connection with your Membership and the services provided by us on this website is strictly limited to the aggregate total of the Fees paid by you to us in the 12 month period immediately preceding the event upon which such liability arose.
8.6 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8.7 This clause does not affect your statutory rights.

9. TERMINATION

9.1 We may terminate, vary or suspend your Membership immediately and without prior notice:
if you breach these terms and conditions;
if at our sole discretion, we consider that your conduct compromises our position in any manner;
if we cease to offer the services relating to your Membership and or advertised on this website;
for any other reason at our sole discretion.

10. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using this website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. NOTICES

All notices given by you to us must be given to WINGXX Limited by e mail at info@wingxx.com. We may give notice to you at either the e-mail or postal address you provide to us when applying for Membership, or in any of the ways specified in clause 10. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail or a text message is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee or in the case of a text message that such message was sent to the specified mobile telephone number of the addressee.

12. TRANSFER OF RIGHTS AND OBLIGATIONS

12.1 The Contract is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
The postponement or cancellation of any lottery Draw.
Impossibility of the use of public or private telecommunications networks.
Delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system.
The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14. PUBLICITY

14.1 We reserve the right to publicise and promote details of Prize winners including but not limited to the sum of such Prize. We publish on our website the name and geographical location by country of all Prize winners and a condition of your Membership is that you agree to us including your details on our website if you are a Prize Winner.
14.2 All media enquiries regarding us received by you must be referred to us immediately. You agree to fully indemnify us against all claims, losses, costs and expenses (including legal fees) arising out of any breach by you of the provision of this clause.

15. WAIVER

15.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.

16. SEVERABILITY

If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. ENTIRE AGREEMENT

17.1 These terms and conditions, and the Website Terms of Use and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into this Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the terms and conditions in force at the time that you apply for Membership unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these terms and conditions before we send you the Membership Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven days of receipt by you of the Membership Confirmation).

19. THIRD PARTY RIGHTS

Unless otherwise expressly stated within the Contract, nothing within these terms and conditions shall create or confer any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and us.

20. NO PARTNERSHIP OR AGENCY

Nothing in these terms and conditions is intended or should be construed as creating any partnership, agency or any other form of joint enterprise between you and us.

21. LAW AND JURISDICTION

Contracts for Membership through this website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Supplemental Terms and Conditions

These terms and conditions are supplemental to the Affiliate Agreement between the Company and the Affiliate where such Affiliate is a body corporate, charity or unincorporated association or club.
The Company agrees that, notwithstanding the terms of the Affiliate Agreement and the Commission Plan in force from time to time, it will permit the Affiliate to become an Affiliate or to and to promote the Company’s services and the WINGXX business opportunity or in the case of an existing Affiliate that wishes to change status from an individual to a body corporate, charity or association or club it will permit the Affiliate to continue to promote the WINGXX services and business opportunity.
The consent of the Company set out in clause 1 above is subject to and conditional upon the Affiliate complying with the following obligations:
The Affiliate must within 7 days of the date of application to become an Affiliate provide the names, addresses and contact details of all of its shareholders, officers, directors or trustees as applicable and for the terms of the Affiliate Agreement must notify the Company of changes to the same within 7 days of the date of the change taking effect.
The officer who submits the application to become an Affiliate must be authorized to make the application on behalf of the company, charity, association or club and to enter into binding contracts on its behalf.
In the case of a company the officer making the application must certify that no person with an ownership interest in the company has had an interest in or management control of an WINGXX Affiliate position within six (6) months of the application to become an Affiliate in a company name (unless it is the continuation of an existing Affiliate business that is changing status).
To the extent that WINGXX is provided with information including personal details of persons or entities by the Affiliate for the purposes of marketing the WINGXX opportunity or products or services (“the Purposes”), the Affiliate confirms that it has obtained the appropriate consents to the disclosure of such information to WINGXX for this purpose and WINGXX shall only use such information for the Purposes.
The Affiliate understands that these terms and conditions are supplemental to and form part of the Affiliate Agreement and that all other terms of the Affiliate Agreement shall remain in full force and effect notwithstanding these terms and conditions except to the extent they are varied by or are inconsistent with these terms and conditions.
In the event of inconsistency, these terms and conditions shall prevail over the terms contained in the other documents comprising the Affiliate Agreement.
These terms and conditions may not be varied or modified in any manner except by agreement in writing and signed by the authorized representatives of the parties.
These terms and conditions do not constitute a joint venture, partnership or agency between the parties.
Any indulgence or forbearance by any party to these terms and conditions in respect of the enforcement of one or more of its rights shall not be construed as a waiver and shall not prejudice any party's rights at any time subsequently to enforce all of these terms and conditions.
If any provision of these terms and conditions is held by a court or other competent authority to be unlawful, void or unenforceable, it shall be deemed to be deleted from these terms and conditions and shall be of no force and effect and these terms and conditions shall remain in full force and effect as if such provision had not originally been contained in these terms and conditions. In the event of any such deletion the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable and satisfactory alternative provision in place of the provision so deleted.
For the purposes of the Contracts (Rights of Third Parties) Act 1999 these terms and conditions are not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
These terms and conditions shall be governed by English law and the parties hereto hereby submit to the non exclusive jurisdiction of the English courts.

Anti-Spam Policy

This anti-spam policy is supplemental to our Acceptable Use Policy and together with the Acceptable Use Policy sets out the terms between you and us under which you may access our website www.wingxx.com ("our site"). This anti-spam policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this anti-spam policy and Acceptable Use Policy
www.wingxx.com is a site operated by WINGXX Limited ("we"). We are registered in Hull, North Humberside, England, HU3 1PJ, under company number 07091526
You may use our site only for lawful purposes and only in accordance with this anti-spam policy and our Acceptable Use Policy.
We are committed to permission-based internet marketing practices and take a "zero tolerance" approach when dealing with "spam". For the purposes of this anti-spam policy "spam" is defined as any message or communication (being commercial in its nature) that is sent to a recipient with whom the initiator does not have an existing business or personal relationship with you and or is not sent at the request of, or with the express consent of the recipient (including but not limited to e-mails or other electronic communication whose subject falls outside any permission that may have been given).
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this anti-spam policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this anti-spam policy constitutes a material breach of the Acceptable Use Policy and if applicable the Player Member terms and/or the Associate agreement upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
Immediate termination of your Affiliate Agreement and/or Player Member Agreement without liability to you.
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this anti-spam policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ANTI-SPAM POLICY
We may revise this anti-spam policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this anti-spam policy may also be superseded by provisions or notices published elsewhere on our site.

Site Security

Peace of Mind
One of the main worries - and rightly so - of any shopper using an online shop is: "Is it safe to send my card details across the internet?". Our e-payment network uses digital signatures and strong encryption to ensure that all sensitive information is protected throughout the payment process.