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QuitGambleTerms of Use

Last updated: May 2020

Table of Contents


  1. Overview
  2. Definition
  3. Medical Advice Disclaimer
  4. Right to Modify These Terms of Use
  5. Privacy Policy
  6. Intellectual Property Right
  7. Contribution
      i.User Contribution
      ii.Content Disclaimer
      iii.Content Standards
  8. Accounts and Registration
  9. Security
  10. Eligibility
  11. Purchase, Subscription and Payment
  12. Prohibited Uses and Contents on the Site
  13. Termination, Monitoring and Enforcement
  14. Indemnification
  15. Disclaimer
      i.Warranty Disclaimers
      ii.Limitation of Liability
  16. Third-Party Links, Websites and Content
  17. Governing Law and Jurisdiction
  18. Complaints and Grievances
  19. Dispute Resolution and Arbitration
  20. Class Action Waiver
  21. Limitation on Claims
  22. Waiver and Severability
  23. Assignment
  24. Entire Agreement
  25. How to Contact Us

1. Overview


You are welcome to QuitGamble.com. Thank you for choosing to be part of our community. QuitGamble.com aims to provide resources to millions of consumers searching for solutions to gambling addictions. Click About Us to know more about us and our services.

This Terms of Use is a legal agreement between you (“the User”) and QuitGamble.com (“QuitGamble”, “QG”, “We”, “Us”, “Our”, the “Site”). Please read carefully the terms and conditions contained in this Terms of Use Agreement (“Terms”, “Agreement”) because these terms govern your use of and access to this website. We are prepared to license the use of the website to you on the condition that you have read and understood, and you accept and agree to be bound by all the terms and conditions contained in this agreement, whether or not you are a registered user. Your continued use of this website constitutes your acceptance of the terms in this agreement.
The platform aims to offer 24 hours and 7 days a week non-stop service, without geographical restriction no matter where the user is.

2. Definitions


    i. User: anyone who makes use of our website and the services, whether or not they are registered account holder.
    ii. Services: the services provided by the QuitGamble through its website.
    iii. Website: QuitGamble.com

3. Medical Advice Disclaimer


The contents of QuitGamble.com, including text, graphics, images, and other material are for informational purposes only. Nothing contained in this site is or should be construed or used as a substitute for professional medical or mental health advice, diagnosis, or treatment. The contents on this Site is monitored and edited in a timely fashion, but we are not responsible for individual opinions, recommendations, suggestions, or advice of any user who contributes to such content. We do not advise users in any way.

The information from our Website is therefore never an advice and\or recommendation. User must realize and accept this. It is imperative that you never disregard medical advice from your doctor or other qualified health care provider or delay seeking it because of something you have read on the Internet, including on QuitGamble.com. We urge you to seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical or mental health condition. We do not recommend or endorse any specific procedures, physician, products, opinions, or other information that may be mentioned on the Site. Please seek immediate medical or therapeutic help if you’re suffering from a serious addiction. In case of emergency, please call your doctor or the relevant emergency number immediately.

The information contained on or provided through QuitGamble.com is provided on an “as is” basis, without any warranty, express or implied. Any access to this site is voluntary and at your own risk. It is the user’s responsibility to comply with applicable laws within your country or region of residence.

4. Right to Modify These Terms of Use


We reserve the right to revise these Terms from time to time to better reflect:

    (a). changes to the law,

    (b). new regulatory requirements, or

    (c). improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you prior to the effective date of the update by sending an email to the email address associated with your account or via an in-service notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, you must cancel or request a removal of your account before the end of the thirty (30) days’ notice period. Where applicable, we will offer you a pro-rata refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

5. Privacy Policy


The QuitGamble Privacy Policy contains some key information relating to our collection, use, storage and disclosure of your personal information. Please read Our Privacy Policy for the information carefully.

6. Intellectual Property Rights


All material on the site, such as text, visual interfaces, graphics, logos, button icons, design, images, audio clips, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (the “Materials”), is owned by QuitGamble and is protected by all relevant intellectual property and proprietary rights and applicable laws.

You may not copy, use, modify, reproduce, republish, post, transmit or distribute in any way any material from this site including the underlying code and software, save as authorised by this agreement or as expressly authorized by us. You are only authorised to use the site and its contents for your personal, non–commercial use. This amounts to viewing the site and printing off individual pages or sections for personal use.

7. Contribution


i. User Contribution
Any content provided by you by, any means including, posting messages to bulletin boards or chat forums, uploading files, inputting data, or engaging in any other form of communication (the “User Contents”) through this service, although owned by you, is subject to a royalty-free, perpetual, non-exclusive, unrestricted, worldwide licence allowing QuitGamble to use, copy, sublicense, adapt, transmit, publicly perform or display any such content. This licence does not apply to the message content of your messaging account, the privacy and integrity of which will be respected at all times. In addition, you warrant that you have a full license and authority to upload/share user contents on this site, and QuitGamble will not be responsible for any breach of intellectual property right that may arise where you shares any user content that you are not authorised to share.

ii. Content Disclaimer
All comments and/or user contents reflects the personal opinion of the user/visitor who posts them and QuitGamble shall not be responsible for any liability arising therefrom.

iii. Content Standards
We will use our reasonable endeavours to ensure that the site and the facilities thereon (including newsletters, personal email and chat forums – Community Services) is\are available at all times and that the content provided on the site is true, accurate and error-free. However, we do not guarantee this and provide no warranties unless specifically stated.

8. Accounts and Registration


Registration is required to access some features of this Site. When you register for an account, you may be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. As far as the obligation lies on us, QuitGamble undertake to protect the information provided by you in line with our Privacy Policy.

If you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account has been compromised or that it is no longer secure, then you must immediately notify us via our contacts below.

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, will be disabled. We reserve the right to disable, terminate and delete multiple accounts created by a single user.

9. Security


We take the security of your data very serious. We use a variety of software to ensure appropriate security and encryption. You are obligated to keep your password and other non-public user data secret. You are responsible for all unauthorized use of your account to the extent you have failed to keep the information of your account safe.

10. Eligibility


We only offer a website and community for users with a minimum age of at least 18 years. By using this website, you represent and warrant to us that you are at least eighteen (18) years of age and that you have read and agree to these terms.

If you are using our Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. We accept no liability that may arise from the use of the site by or on behalf of any person below the age of 18.

11. Purchase, Subscription and Payment


As a user and consumer, you are entitled to the legal rights as are applicable under the relevant Maltese consumer laws. Details concerning the purchase such as confirmation of order, payment, delivery and customer service is presented on the website in connection with the purchase.

12. Prohibited Use and Contents on the Site


    a. By using QuitGamble you agree:

      i. Not to use the Site for any illegal purpose, or in violation of any local, state, national, or international law.
      ii. Not to violate, or encourage others to violate, the rights of third parties or us, including by infringing or misappropriating third party or our intellectual property rights.
      iii. Not to post, upload, or distribute any User Content or other content that is unlawful, defamatory, libellous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing,hateful, or otherwise inappropriate.
      iv. Not to interfere with security-related features of the Site, including without limitation by.

        (iii.i) disabling or circumventing features that prevent or limit use or copying of any content, or
        (iii.ii) reverse engineering or otherwise attempting to discover the source code of the Site or any part thereof except to the extent that such activity is expressly permitted by applicable law.

      v. Not to interfere with the operation of the Site or any user’s enjoyment of the Site, including without limitation by:

        a) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code,
        b) making unsolicited offers or advertisements to other users of the Site,
        c) attempting to collect, personal information about users or third parties without their consent or
        d) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Site, or violating the regulations, policies, or procedures of such networks, equipment, or servers.

      vi. Not to perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the accounts of others without permission, or falsifying your age or date of birth.
      vii. Not to sell or otherwise transfer the access granted herein or any Materials (as defined above) or any right or ability to view,access, or use any Materials.
      viii.Not to frame or link to any of the Materials (as defined above) or use any robot, spider or other automatic devices, process or means to access the Site for any purpose, including monitoring or copying any of the Materials without our prior express written consent; and
      ix.Not to attempt to do any of the foregoing as stated under this Clause, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Clause.

    b. We reserve the right (but not obligated) to do any or all of the following in connection with the public areas of this Site:

      i Record the dialogue in public chat rooms
      ii Investigate an allegation that a communication does not conform to these Terms and determine in its sole discretion to remove or request the removal of the communication.
      iii Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
      iv Terminate a user’s access to any or all parts of the Site upon any breach of these Terms, with a refund.
      v Monitor, edit, or disclose any communication made in connection with the Site.
      vi Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

    c.For the avoidance of any doubt, and in addition to the foregoing terms, it is prohibited to make commercial for any products or gambling sites on QuitGamble.com Any user who violates this term will immediately be barred from using the Site, and any money paid by such user will be forfeited.

    d. We owe no liability or responsibility to users or any other person or entity for performance or non-performance of the aforementioned activities

13. Termination, Monitoring and Enforcement


i. We reserve the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards below, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.

ii. We reserve the right to disclose your identity or other information about you to any third party who claims that material posted by
you violates their rights, including their intellectual property rights or their right to privacy.

iii. We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or un authorized use of the Site.

iv. We reserve the right to discontinue the website services or any of the additional Community Services or to disable any particular user’s account or access rights at any time with no notice.

v. In relation to any service provided on this Site, QuitGamble reserves the right to terminate such account for inactivity, being a failure to log in to the service 90 days or later after registration and, subsequently, a failure to use the account for 90 days since your last log-on. In addition, we may delete content in user account after 90 days. We shall have no obligation to maintain any content in your account or to forward to you or any third party.

vi. QuitGamble reserves the right (but not the obligation) to monitor any publicly posted material and to, without notice edit, delete or remove any material postings or comments that it deems inappropriate or otherwise in violation of this Terms of Use agreement.

vii. Note: any violations of this Terms and/or our Community Standards is a cause for permanent suspension\termination of your account.

14. Indemnification


You agree to defend, indemnify and hold harmless QuitGamble and its owners, officers, managers, directors, agents, employees, contractors, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”), from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of:

(i) your access to, use of, or alleged use of the Site, (including any data or content transmitted or received by you) in a manner not permitted by these Terms;

(ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation;

(iii) User Content or any content that is submitted through your QG Account including without limitation misleading, false, or inaccurate information;

(iv) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or

(v) any other party’s access and use of QuitGamble with your unique username, password or other appropriate security code; or

(vi) any disputes or issues between you and any third party.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations to such matter), and in such case, you agree to cooperate with our defence of such claim.

15. Disclaimer


i. Warranty Disclaimer

QuitGamble site is designed to be used by the general public without warranty or guarantee. We are not liable to any user or anyone else for any decision made or action taken based on reliance upon the information contained on or provided through the site. We do not make any express or implied warranties, representations or endorsements of any kind whatsoever (including without limitation, warranties of title or non-infringement of third parties’ rights, or any warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to these terms of use) with regard to the service, or with respect to any information, service, product, merchandise or other material provided on or through the platform. We do not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any information, services, or other material aon or through the site. We make no warranty or guarantee that the website will be uninterrupted, timely, secure, or error-free.

You understand and acknowledge that you use the site and use, access, download, or otherwise obtain materials or content through the site and any associated platform or services at your discretion and risk.

ii. Limitation of Liability

You understand and agree that QuitGamble, its affiliates or licensors, service providers, employees, agents, officers or directors shall not at any time be liable to you or anyone else for any loss or injury whatsoever (including, without limitation, direct, indirect, incidental and consequential, special, punitive or any similar damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, unauthorised use of or inability to use the site or its content, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, and whether or not QuitGamble has been informed of the possibility of such damage. You hereby waive any and all claims against QuitGamble and the above listed, arising out of your use of the site and the information available thereon. You understand and agree that QuitGamble will not be responsible for any offensive conduct of any user or third-party organization, in any way connected with your interaction with this website.

Other than for the types of liability we cannot limit by law you agree that the aggregate liability of QuitGamble to you for any and all claims arising out of or relating to the use of or any inability to use the site (including any materials or content available through the site) or otherwise under these terms, whether in contract, tort, or otherwise, shall not exceed one hundred (100) Euro or the equivalent in other currency, or 100% of any amount you’ve paid under your current service plan to QuitGamble, whichever is greater. This exemption of liability is complete and exclusive.

Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations under this section will apply even if any limited remedy fails of its essential purpose.


This Site may be linked to or from other sites that are not maintained by Us. We do not control in any respect any information, products or services offered by such other sites and shall not be responsible for the content of such other sites. For example, users may be able to pay for services via the site, some of which may be through third party retailers who link to the QuitGamble.com

We do not endorse in any way these third parties and any such transactions, dealings, correspondence with or participation in promotions of, third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party. We assume no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.

17. Governing Law and Jurisdiction


This Terms of Use Agreement shall be exclusively governed by and construed in accordance with the Laws of the Republic of Malta, without regard to principles of conflict of laws. Both you and QuitGamble (the “Parties”) agree to be bound by the mandatory arbitration provisions below.

If any provision(s) of this Agreement is held by any panel of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Our failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed to by QuitGamble in writing.

18. Complaints and Grievances


We encourage users to take advantage of the “Complaint Forum” for amicable resolution of grievances. You agree to resolve the grievances\dispute informally by contacting our complaint channel via Support@QuitGamble.com. We would be glad to offer prompt response to complaints and resolution to grievances between users. Our standby Complaint\Dispute Resolution Team will be available to respond promptly.

Note, however, in the event that you have a grievance/dispute with one or more other users of the Site, you release QuitGamble (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

19. Dispute Resolution and Arbitration


Read this section carefully because it requires parties to arbitrate their disputes and limits the manner in which you can seek relief against QuitGamble. For any dispute with QuitGamble, you agree to first contact us and attempt to resolve the dispute amicably and informally.

All such attempts shall be resolved in accordance with the following paragraph:

a. A Party shall give prompt written notice of any dispute to the other Party (a “Dispute Notice”).Such Dispute Notice will include suffi cient details of the dispute to enable the other Party to consider its position in relation to the dispute.

b. Each Party agrees to use its best endeavours to settle any dispute amicably between the Parties within thirty (30) days from the date of the receipt of the Dispute Notice.

In the unlikely event that the attempt fails, you and QuitGamble agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach, termination or invalidity thereof (collectively, “Claims”), by a binding arbitration, and not a court of law, in accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act, 1996 and the Arbitration Rules of the Malta Arbitration Centre as at present in force.

In addition to the foregoing:

a. The appointing authority shall be the Malta Arbitration Centre;
b. The number of arbitrators shall be one.
c. The place of arbitration shall be Malta;
d. The language(s) to be used in the proceedings shall be English;
e. The award shall be final and binding and there shall be no appeal;
f. The arbitrator shall decide ex aequo et bono;

Nothing in this Section shall be deemed as preventing QuitGamble from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

Notwithstanding any dispute or reference of certain disputes (or part of certain disputes) for determination by arbitration pursuant to this clause, the Parties will continue to comply with their respective obligations under these Terms.

20. Class Action Waiver


With respect to all persons and entities, regardless of whether they have obtained or used QuitGamble for personal, or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceedings. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims.

You agree that, by entering into this Agreement, you and QuitGamble are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceedings of any kind. You are also precluded from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against QuitGamble by someone else.

21. Limitation on Claims


You and QuitGamble agree that any cause of action arising out of or related to QuitGamble and/or your use thereof must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

22. Waiver and Severability


Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

23. Assignment


You may not assign any of your rights under these Terms, and any such attempt will be void. We reserve the right to assign our rights to any of our affiliates or subsidiaries, or any successor in the interest of any business associated with our Services.

24. Entire Agreement


These Terms constitute the sole and entire agreement between you and QuitGamble with respect to the Site and supersede all prior and contemporaneous understandings, agreements, terms, conditions, representations and warranties, both written and oral, with respect to the Site

25. How to Contact Us


If you have questions about this Terms, you may contact us.Valley View M1, Triq Claire Engel
Ta Giorni, St Julians
Malta.
Support@QuitGamble.com