GAMSTOP PORTAL TERMS OF USE

Last updated: 05 July 2022

THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION AND ARE LEGALLY BINDING - PLEASE READ THEM CAREFULLY.

  1. Information about us
    1. We are The National Online Self Exclusion Scheme Limited, a company incorporated in England and Wales with company registration number 10504973 and registered office at 3 Greengate, Cardale Park, Harrogate, HG3 1GY (GAMSTOP, we or us).
  2. These Terms of Use
    1. These terms of use (Terms) govern your use of: (i) the GAMSTOP operator portals located at https://operator.stage.gamstop.io/ and https://operator.gamstop.co.uk/ (Portal) for the solution GAMSTOP has developed to assist Operators (as defined below) to identify individuals who have elected to self-exclude from Operators' facilities for gambling (Solution); and (ii) all content and other materials on the Portal (Portal Content).
    2. The Portal is only for use by operators with which GAMSTOP has an agreement to provide the Solution (Operators) and their professional advisors. Any individual that enters into these Terms: (i) does so for and on behalf of the Operator that employs or engages them; and (ii) warrants that they have sufficient authority to enter into these Terms on behalf of the Operator that employs or engages them. All references to (you) in these Terms will be to the Operator that employs such individual or which engages their personal services. Any individual entering into these terms should please therefore ensure that they have the authority of the company or business that employs them, or which engages their personal services, to use the Portal and to bind the company or business to these Terms. If an individual does not have such authority they may be personally liable to GAMSTOP for their use of the Portal and Portal Content.
    3. By providing your email address to GAMSTOP, following the access steps outlined in paragraph 4 (below) and accessing the Portal, you agree you have understood and accepted these Terms, which form a binding agreement between you and us.
    4. If you do not accept or cannot comply with these Terms (as amended or modified from time to time), you must inform us without undue delay and refrain from accessing the Portal.
    5. As these Terms form a binding agreement between you and us, we recommend that you print a copy of the Terms for your future records.
    6. These Terms may be supplemented, amended or replaced by additional written agreement(s) between you and GAMSTOP from time to time which relate to the Solution. If that is the case these Terms will continue to apply to you except to the extent they conflict with or are replaced by the terms of any such written agreement.
  3. Changes to these Terms
    1. GAMSTOP may make changes to these Terms from time to time and these changes will become effective as soon as they are posted on the Portal. You should check the Portal from time to time to take note of any changes we have made to these Terms. By continuing to use the Portal after the Terms have been modified you will be deemed to have accepted the changes.
  4. Access to the Portal
    1. After you have registered with us, we will send an email containing a temporary password to the email address you have used to register with us. The first time you log in to the Portal you will be: (i) required to enter the email address used to register with us together with the temporary password we have supplied to you; and (ii) prompted to change this temporary password to a password of your own choosing. From then on you will be able to log in to the Portal by entering your email address and chosen password in the Portal log-in page.
    2. You are responsible for all activities of anyone logging into the Portal using any valid email address and password that you have supplied. You agree to notify us immediately if you become aware of or suspect any unauthorised use of a company email address or password to access the Portal or any other security breach relating to the Portal or Portal Content.
    3. GAMSTOP may seek further details from you to verify your status as an Operator and/or the credentials of your professional advisor(s) before allowing you (or your professional advisors) to access the Portal. The decision to grant access to the Portal is in GAMSTOP's discretion.
    4. You warrant that any information you provide to us will be true and accurate and that you will not misrepresent your status as an Operator or that of your professional advisors.
  5. Portal Content
    1. The Portal Content is intended to provide Operators and their professional advisors with information about the Solution.
    2. You acknowledge that GAMSTOP may continue to develop and modify the Solution and so the Portal Content is not definitive and is subject to change at any time. You should therefore not proceed on the basis that the Solution will not change or that you can place reliance on any of the information provided in the Portal Content. GAMSTOP gives no guarantees or warranties in respect of the Portal Content.
    3. You acknowledge and agree that the Portal Content is not intended to amount to advice, recommendation or guidance concerning: (i) your compliance with self-exclusion requirements under your operating licence or any codes of conduct or other guidelines issued by the Gambling Commission or any other regulatory authority from time to time; or (ii) the steps you should implement in order to prepare your systems for the Solution.
    4. Any decisions made, or expenses incurred, by you on the basis of Portal Content (including for the preparation of your systems for the Solution) are entirely at your own risk.
  6. Intellectual Property
    1. You acknowledge that the Portal, the Solution and all Portal Content including but not limited to text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data and software are owned and controlled by or licensed to us. You may not copy, adapt, display, communicate to the public or otherwise use the Portal or Portal Content except as permitted under these Terms or otherwise expressly permitted by GAMSTOP in writing.
    2. You are entitled to use the Portal and Portal Content for your own purposes only. You may print off, and may download extracts, of any page(s) from the Portal which you are authorised to access, provided that such print-outs and downloads are for your use only.
    3. If you (or any of your personnel) provide GAMSTOP (via GAMSTOP's email address set out in paragraph 12 (Contact Us) below, or by any other method) with any feedback or suggestions in respect of the Portal, Portal Content or Solution (Feedback), GAMSTOP may use that Feedback without any obligation whatsoever to you and you assign to GAMSTOP with full title guarantee (and by way of present assignment of present and future copyright) all copyright and any other intellectual property rights in and to the Feedback and you irrevocably and unconditionally waive (and will ensure that any personnel who provide the Feedback irrevocably and unconditionally waive) all moral rights in the Feedback that you may have under the Copyright Designs and Patents Act 1988 or under equivalent legislation now and in the future in force in any part of the World.
  7. Use of the Portal
    1. You are responsible for making all technical arrangements necessary for you to access the Portal and are liable for all expenses in doing so. You are also responsible for ensuring that all persons who access the Platform through your internet connection, by using a company email address or otherwise on your behalf are aware of these Terms and that they comply with them.
    2. You undertake that you shall not (and you shall ensure that anyone accessing the Portal on your behalf does not) use the Portal and Portal Content:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
      4. 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 the Portal or any computer software or hardware.
    3. Except as specifically allowed by these Terms or otherwise in writing by GAMSTOP, you also undertake not to (and you shall ensure anyone accessing the Portal on your behalf does not):
      1. reproduce, duplicate, copy, modify, sublicence or re-sell any part of the Portal or Portal Content;
      2. use the Portal Content to attempt to create a service which is the same or substantially similar to the Solution; or
      3. access without authority, interfere with, damage or disrupt: (i) any part of the Portal (including any Portal Content); (ii) any equipment or network on which the Portal is stored; (iii) any software used in the provision of the Portal; or (iv) any equipment or network or software owned or used by any third party.
    4. Your use of the Portal and Portal Content is conditional on you complying with these Terms. Without prejudice to any other rights or remedies you may have, GAMSTOP may in its sole discretion, terminate or suspend your (or anyone accessing the Portal on your behalf's) access to or use of the Portal and/or the Portal Content (or any part thereof) without notice if you (or they) are in breach of these Terms or if GAMSTOP believes in its absolute discretion that the manner in which you (or anyone accessing the Portal on your behalf) are using the Portal and/or the Portal Content is unsuitable in any way.
    5. You agree to indemnify GAMSTOP from and against any and all proceedings, claims, costs (including reasonable legal costs) demands, liabilities, losses or damages incurred or suffered as a result of any breach by you (or anyone accessing the Portal on your behalf) of any of your undertakings in paragraph 7.2 and 7.3 above.
  8. Links from the Portal
    1. Where the Portal contains links to websites and resources provided by third parties we have no control over the contents of those sites or resources and we: (i) make no representations or warranties as to the legitimacy, accuracy or quality of such third party services; and (ii) accept no responsibility for: (a) their content, safety, practices or privacy policies; or (b) any loss or damage that may arise from your use of them.
  9. Computer Viruses
    1. We will use reasonable endeavours to ensure that no part of the Portal or Portal Content will contain or spread any viruses or other malicious code. However, GAMSTOP recommends that you ensure that your computer and any other devices you use to access the Portal or Portal Content run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Portal, regularly check for the presence of viruses and other malicious code on your devices and to regularly back up your data.
    2. To the full extent permitted by law GAMSTOP excludes liability for damage or loss of any kind caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Portal, your use of any website linked to the Portal or your downloading of any Portal Content.
  10. Liability
    1. To the maximum extent permitted by applicable law, statutory or otherwise, in no event shall GAMSTOP be liable: (i) to you for any special, incidental, exemplary, consequential or indirect damages for loss of profits, business interruption, loss of anticipated savings, loss of or damage to goodwill, loss of use or corruption of software, data or information, any indirect or consequential loss, or any other pecuniary loss of any kind arising out of the use of or inability to use the Platform and/or Platform Content, even if GAMSTOP have been advised of the possibility of such damages; or (ii) for any claim by a third party in relation to the use of or inability to use Platform and/or Platform Content. In no event shall GAMSTOP's total liability to you in connection with these Terms exceed £10,000.
    2. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our fraud, our fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
    3. Except as expressly set out in these Terms, GAMSTOP makes no representations, warranties or guarantees of any kind in respect of the Portal, the Solution or the Portal Content and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.
  11. Availability of the Portal/Termination
    1. GAMSTOP makes no representations, warranties or guarantees of any kind regarding the availability or operation of the Portal or Portal Content or that the Portal or the Portal Content will be secure, uninterrupted or free of defects.
    2. Your access to the Portal and/or Portal Content may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new facilities or services. GAMSTOP will use reasonable endeavours to try to limit the frequency and duration of any planned disruption but we will not be liable to you if for any reason the Portal or Portal Content is unavailable at any time or for any period.
    3. GAMSTOP may terminate these Terms or remove or cease providing the Portal and/or the Portal Content (or any part thereof) at any time in our sole discretion. Such termination, removal or cessation will not affect the rights and/or remedies accrued by you or us up to the date of such termination, removal or cessation.
    4. Upon termination of these Terms your right to use the Portal and Portal Content shall immediately cease and you must immediately delete, destroy and/or, if requested by us, return any copies of the Portal Content you have in your control or possession.
  12. Contact Us
    1. If you wish to contact us for any reason, please email us at: support@gamstop.co.uk
  13. Miscellaneous
    1. If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.
    2. No failure by either you or us to exercise, and no delay by you or us in exercising, any right, power or remedy in connection with these Terms (each a Right) shall operate as a waiver of that Right. Any exercise of any Right shall be without prejudice to any other rights or remedies under these Terms and shall not preclude any other or further exercise of that Right or the exercise of any other Right in accordance with these Terms.
    3. These Terms are governed by English law and the courts of England and Wales will have exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Portal and the Portal Content.

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