Terms and Conditions

These Terms and Conditions constitute a binding legal agreement between you and RGOAL LIMITED, a company registered under Maltese law with registration number C 69530 and registered address at Suite 7, San Michel Building, 110 St. George’s Street, St. Julians, STJ3203, Malta (hereinafter referred to as “RGOAL”) with respect to Services described below. By confirming your acceptance of these terms during the registration of your user account (either electronically or in writing) you agree to be bound by this Agreement, by RGOAL’s Privacy Policy and RGOAL’s Terms of Use for the website www.rgoal.org, which you warrant to have read and understood.

 

RECITALS

WHEREAS, RGOAL has developed and maintains a Database of Persons, who have requested to be excluded from gambling for reasons related to compulsive gambling behaviour and/or gambling addiction;

WHEREAS, RGOAL makes the contents of such Database available to Participating Operators, who will regularly check if any Excluded Persons are found amongst their Customers as part of their customer due diligence procedures and to promote responsible gambling in general;

WHEREAS, you (as an “Excluded Person”) have requested your Personal Data to be included into RGOAL’s Database (either by registering on RGOAL's website directly or through one of the websites of a Participating Operator) in order to effect a self-exclusion from gambling offers of any Participating Operator, due to your concerns about your obsessive gambling behaviour;

NOW THEREFORE, the Terms and Conditions set forth below in conjunction with the Request Form (together the “Agreement”) shall govern your self-exclusion managed by RGOAL.

 

 1.                    Definitions

1.1     In these Terms and Conditions, the below terms shall have the following meaning:

“Database” means the database of Personal datasets of Excluded Persons designed, operated and maintained by RGOAL;

“Database Contents” means the entirety of the sets of Personal Data or parts thereof contained in database;

“Data Protection Laws” means the Maltese Data Protection Act (Cap. 440 of the Laws of Malta) as amended from time to time and subordinate legislation and any other regulations applicable to RGOAL, the Participating Operators and/or the Excluded Persons during the Term of this Agreement;

"Effective Date" means the date on which your Account is created, either using RGOAL'S online Registration Form or automatically by registering a self-exclusion on a platform of a Participating Operator or when the offline Request Form was received and processed by RGOAL;

“Excluded Person” means a person who has registered a self-exclusion in RGOAL’s Database (this term may depend on the context include yourself).

“Exclusion Period” means the period that you have chosen upon registration, for which your exclusion shall be valid in RGOAL’s database and effective on the platforms of all Participating Operators. You can extend such period at any time. Reducing the period will be subject to certain conditions set out herein.

"Password" refers to a code that is selected individually, which, in combination with the User ID, gives you access to your User Account;

“Participating Institution” means all government agencies, regulatory bodies, industry associations, research institutes, non-profit organisations, charities, trusts foundations, partnerships or private companies that are cooperating with RGOAL in the fight against gambling addiction and that therefore may be receiving and statistical data derived from RGOALS Database for the Permitted Purpose, or Personal Data of Excluded Persons strictly under the condition that  RGOAL has received prior authorisation in writing from all persons affected;

“Participating Operators” means all Operators that have signed up as clients of RGOAL and that are receiving and using the Database Contents and Services and that are sharing the Personal Data of self-exclusions effected on their platforms with RGOAL;

“Permitted Purpose” means the use of RGOAL’s Website and Services by yourself and use of your Personal Data by RGOAL solely to pursue objectives of (i) preventing your compulsive gambling activity by blocking your access to the gambling offers  of all Participating Operators, (ii) compliance with gambling legislation by the Participating Operators, (iii) discharging any function designed to protect the public against dishonesty, malpractice, seriously improper or addiction-driven gambling conduct, (iv) implementing self-exclusions of Excluded Persons effectively on a transnational and inter-operator level (v) to conduct or assist scientific, statistical research on issues related to compulsive gambling and (vi) where necessary for the purposes of exercising or performing any right or obligation which is conferred or imposed by law;

“Personal Data” means all Personal Data of the Excluded Persons that forms part of the contents of RGOAL's Database, including but not limited to names, surnames, addresses, dates of birth, telephone and mobile numbers, email addresses, copies of identification documents and address confirmations, user names and numbers, IP addresses as well as the fact that the Excluded Person has declared to have a problem related to compulsive gambling;

“Potential Match” means congruence of a set of Personal Data included in RGOAL's Database with a Dataset in the Customer Database of a Participating Operator, to an extent where it cannot be determined with sufficient certainty, if they relate to the same individual;

“Request Form” means the most recent version of RGOAL's standard online Registration Form or offline Request for Registration of a Self-Exclusion Form used by Excluded Persons to submit a request for registration of a self-exclusion.

"RGOAL's Website": The website residing at www.rgoal.org, which may also be linked from other addresses, through which you can access RGOAL's Services and download RGOAL's Information Materials.

"Self-Exclusion" refers to an instruction given to RGOAL or to a Participating Operator to take measures to ensure that the Excluded Person is permanently or temporarily prevented from further gambling activities with any of the Participating Operators;

“Services” means the services revolving around the Self-Exclusion provided by RGOAL under this Agreement free of charge, including any upgrades of the Services (such as new features or functionalities).

“Software” means the software program developed by RGOAL that is used by the Excluded Persons to view and manage their User Account;

"User Account" refers to the account with User ID and Password that is created for your use of the RGOAL Software and Services though RGOAL's Website and Database;

"User ID” refers to an individual identification code selected upon registration, which in combination with the Password, gives access to your User Account, usually in the form of your e-mail address;

1.2 Words and expressions defined in the Maltese Data Protection legislation shall have the same meanings for the purpose of this Agreement.

 

2.             Provision of Services by RGOAL

2.1 With effect from the Effective Date for the duration of the Exclusion Period, RGOAL will make its best efforts to provide the following Services:

(a) Registration of Self-Exclusion in RGOAL's Database: Once received, RGOAL will revise your request for registration of a Self-Exclusion and provided that all the necessary documentation and information is duly submitted, will enter and maintain you as an Excluded Person in the Database. RGOAL will make your Personal Data available to all Participating Operators, who are obliged to ensure that your Self-Exclusion is respected and effective on all of their Platforms within 48 hours. Once in effect, your self-exclusion contemplated in this agreement will cause you to be blocked from any further gambling activities on all platforms operated by any of the Participating Operators for the entire Exclusion Period. The possibility to open and view your account(s) on the relevant platforms should remain unaffected. An exact overview of the markets covered and a list of Participating Operators and their platforms can be accessed following this link: www.rgoal.org.

(b) Access to User Account: RGOAL will allow you to access to your User account at any time though RGOAL's Website using your personal User Name and Password in order to view and update the Personal Data stored in your profile.

(c) Technical Support: RGOAL may, but is not obliged to, offer technical support in connection with your use of RGOAL’s Website and Services, in the format, frequency, scope and scheme that RGOAL, at its sole discretion, determines appropriate at any given time. You shall, however, have no right to demand provision of such technical support.

(d) Updates: RGOAL may update the Software provided from time to time as it thinks fit in its sole discretion.

 

3.             Free Services

The Services RGOAL provides to Excluded Persons as well as access to RGOAL's Website are free of charge.

 

4.             Duties of the Excluded Person

4.1 License to Use Data: By submitting your Personal Data to RGOAL's Database, you grant RGOAL the right, to copy, process, incorporate into other content, distribute and to make available such data to all Participating Operators.

4.2 Accuracy of your Personal Details: You warrant to provide accurate, up-to-date and complete personal information, including without limitation name and surname, date of birth, residential address, country of residence and contact details. You have the sole responsibility for the accuracy, completeness and timeliness of the data that is submitted to RGOAL's Database. Mistakes and inaccuracies in these details may lead to failure to implement the self-exclusion correctly and may render the self-exclusion ineffective. Any false representation of any kind regarding the identity of the Excluded Person will be prosecuted to the fullest extent of the law. You undertake to inform RGOAL immediately in case of any changes to such information. You are acting as principal and not as agent or nominee on behalf of any third party. You may only open one single account. Should you register more than one account, RGOAL reserves the right to treat these as one joint account. For the avoidance of doubt, by registering a User Account and requesting a Self-Exclusion you declare that you consider yourself to have problems related compulsive gambling or gambling addiction.

4.3 Obligation to identify:  RGOAL reserves the right to request at its sole discretion additional information to verify your identity, during the registration process, throughout your use of RGOAL's Website, or when you submit requests related to your account.

4.4 Potential Matches: If at any particular time a Potential Match occurs between your Personal Data and the Personal Data of another customer of a Participating Operator, you undertake to provide additional information solely for the purpose of clarifying whether or not the same individual is concerned.

4.5 Agreement to Sharing of Personal Data with Participating Operators: You hereby explicitly consent to the disclosure of your personal data, identification documentation and contact details to all of the Participating Operators during the time of your Exclusion Period for the sole the purpose of confirming, that no user accounts are registered or active on any of the Participating Operator’s Platforms that match your name and/or Personal Data. RGOAL will not share your data with any other third parties, except as authorised by yourself in writing, or as required by law, or if such disclosure is ordered by a government body or by a competent court. For any further information on the verification procedure for self-exclusions, please refer directly to RGOAL's website www.rgoal.org.

4.6 Changes in Data: It is your sole responsibility to review and update the Personal Data stored in your Profile. You undertake to amend your Personal Data in the User Account immediately in case of any changes regarding the Information that was stated upon registration.

4.7 Connections Required: The Use of RGOAL’s Website requires a connection between your computer or mobile device and the Internet. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider.

 

5.             Ownership of Intellectual Property

Any Information that you provide to RGOAL for the inclusion into RGOAL’s Database maintained according to this Agreement shall become the sole property of RGOAL with immediate effect upon registration of a User Account or request for a Self-Exclusion. RGOAL shall obtain exclusive rights to the use your Personal Data and all other information transmitted to RGOAL (within the Permitted Purpose). RGOAL shall have full title to such information, Database Contents and Intellectual Property Rights and shall henceforth have the right to use such information and to make it available to other Participating Operators in return for a fee as RGOAL in its sole discretion thinks fit. You shall have no right, title or interest in the Database whatsoever except as provided under applicable Data Protection legislation. RGOAL’s Intellectual Property is protected by national and international copyright, trademark and other intellectual property laws. You may not attempt to replicate RGOAL’s Database or Software or use any name, mark or logo that is identical, or confusingly similar to the trademarks and logos of RGOAL.

 

6.             Covenants & Warranties

6.1 Legal Capacity: You represent and warrant that you have the necessary legal capacity to enter into this Agreement and that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the RGOAL's Services.

6.2 No Future Access: You warrant that once the self-exclusion is registered (either through the Operator's website or through RGOAL's website directly), you shall not access any of the Participating Operator’s gambling offers through any user account or user profile during the relevant Exclusion Period.

6.3 Acceptable Use of the Services: You agree to comply with the applicable laws and regulations, as well as any user guidelines that RGOAL may publish from time to time. You further agree that you are solely responsible for all acts or omissions associated with your access and use of RGOAL’s Website and Services. When using RGOAL’s Website and Services, you agree to refrain from wilfully, or negligently:

- Granting access to your User Account in any way to another user or to a third party;

- Registering multiple accounts or registering accounts with incorrect personal details;

- Registering an account with the personal data of a third party. RGOAL will ensure that any such acts of fraud will be prosecuted to the fullest extent of the law;

- Using RGOAL’s Website and Services in a manner that does not comply with the applicable laws and court orders in the jurisdictions in which they are used, including but not limited to, applicable restrictions concerning privacy, copyright and other IP Rights;

- Breaching the terms of this Agreement or any other applicable rules and instructions that RGOAL may convey with respect to the use of the RGOAL Services and any part thereof;

- Interfering with, burdening or disrupting the functionality of the RGOAL Services;

- Circumventing or manipulating the operation or functionality of the RGOAL Services, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented therein;

- Using robots, crawlers and similar applications to collect and compile content from RGOAL’s Website or to send data to RGOAL’s Website, including for the purposes of competing with RGOAL’s business, or in such ways that may impair or disrupt their functionality;

- Displaying content from RGOAL’s Website, including by any software, feature, gadget or communication protocol, which alters the content or its design;

- Collecting, harvesting, obtaining or processing personal information regarding the Users of RGOAL's Website and Services;

- Linking RGOAL’S Website to websites that contain pornographic or unlawful content or content that encourages gambling, racism or wrongful discrimination;

- Violating any applicable national or international laws or regulations.

 6.4 Confidential User Access:

You must keep your account access details confidential at all times and are obliged to take measures to ensure that no other person has access your user account.

6.5 Website Availability:

You acknowledge and accept that from time to time RGOAL’s website and Database may not be accessible due to maintenance or force majeure.

6.6 Assignment: RGOAL may assign its rights and obligations to any of its Group Companies or Agents. You shall have no such rights to assign.

 

7.             Disclaimers

7.1 No Warranties:  RGOAL's Website and Services are provided for use on an "as is" and "as available" basis, with no warranties whatsoever. RGOAL does not make, express or implied, warranties, claims or representations regarding RGOAL's Website and Services, including, without limitation, warranties relating to quality, performance, non-infringement, fitness for use or a particular purpose, compliance with the laws of any applicable jurisdiction other than Malta. Moreover, RGOAL does not represent or warrant that the Website and/or Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free.

7.2 Professional Help: You should not rely solely upon RGOAL’s Services in order to combat your compulsive gambling problems. It is only one of many measures that you will have to take and you are hereby advised to seek professional help and are invited to refer to the section of RGOAL’s website with a non-exhaustive list of various institutions and agencies that can provide professional support in your struggle (www.rgoal.org).

7.3 Implementation considered Participating Operators’ Duty: You hereby acknowledge that once your self-exclusion has been registered in RGOAL’s database, the implementation of your self-exclusion by blocking your access to online gambling services on the gambling platforms covered by this Agreement is the exclusive responsibility of the Participating Operators operating such platforms. RGOAL shall not be liable, if one or more operators fail to duly implement the self-exclusion by effectively blocking your access from gambling offers.

7.4 Exclusion from Participating Operators’ Platforms only: For the avoidance of doubt, the self-exclusion contemplated in the Agreement covers exclusively those platforms operated by the Participating Operators in geographical markets where RGOAL is active. An exact overview of the markets covered and a list of Participating Operators and their platforms can be accessed following this link (www.rgoal.org). Your self-exclusion will not be effective for any other platforms not mentioned therein. Therefore, your access to any platforms operated by persons other than Participating Operators will not be blocked and you will be allowed to play normally. RGOAL shall not be liable for any losses incurred on such other non-participating operators’ platforms under any circumstances.

7.5 Hardware: You acknowledge that you bear any and all risks arising out of the use of RGOAL’s Website and Services, to the maximum extent permitted by law. RGOAL will accept no responsibility for any harm to your computer or mobile device, loss of data or any other harm that results from your access to RGOAL’s Website.

 

8.             Indemnity

8.1 Third Party Claims: You indemnify RGOAL and its subsidiaries, employees, agents and subcontractors against any and all claims of third parties, which arise out of any breach of your obligations under this Agreement or under the applicable law or out of any other action or omission by yourself.

8.2 Damages: You hold RGOAL harmless and shall be fully liable for any costs and/or damages that occur in relation to any unauthorised use of your User Account.

8.3 Legal Expenses: You indemnify RGOAL against any legal expenses or other costs that RGOAL may incur in relation to legal proceedings related to defending of pursuing any claims mentioned under this clause.

8.4 Injunctive Relief: To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate RGOAL's IP Rights, or may cause continuing or irreparable harm to RGOAL (including, but not limited to, any breach that may impact RGOAL’s IP Rights, or a breach by reverse engineering), RGOAL may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.

 

9.             Limitations of Liability

9.1 As far as permitted by applicable law, neither RGOAL nor any of its members, directors, employees agents or other representatives will be liable for damages arising out of or in connection with a malfunction of your self-exclusion nor otherwise related to the use of the services contemplated herein nor in respect of anything done or omitted to be done by RGOAL or its members, directors, employees agents or other representatives, even if advised of the possibility thereof. This is a comprehensive limitation of liability that applies to all damages of any kind, including, without limitation, indirect, special, incidental and consequential damages, punitive damages, loss of data, income, profit or goodwill, legal fees, litigation costs, loss of or damage to property and claims of third parties, even if RGOAL is advised of the possibility of such damages. This limitation of liability applies to claims based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise.

9.2 In no event shall RGOAL, its staff or the Participating Operators be liable, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, for any indirect, incidental, special or consequential damages (including without limitation any loss of data, loss of profit or goodwill, interruption, computer failure or pecuniary loss) arising out of the use or inability to use the RGOAL's Website or Services even if RGOAL, its staff or the Participating Operators have been advised of the possibility of such damages.

9.3 Neither party shall have any liability under this Agreement where such liability arises directly or indirectly from causes beyond that party’s reasonable control including (a) strikes, lock outs or acts of God; (b) any act or omission of or any fault in any product or service supplied by any third party including utility, telecommunications or other service suppliers; (c) the unavailability of the internet and periods of maintenance or update or other reasonable periods of downtime of any information technology systems upon which RGOAL rely.

9.4 No claim arising out of the Agreement may be brought by either Party after the date which is the earlier of the date (a) which is 6 (six) months after the date on which the party with the right to claim first became aware of or ought reasonably to have become aware of the claim; or (b) when such claim becomes barred by statute.

9.5 RGOAL may, at any time, at its sole discretion, discontinue, suspend or terminate the operation of the RGOAL Website and/or Services, or any part thereof, temporarily or permanently, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.

 

10.           Data Privacy & Confidentiality

10.1 Data Protection and Privacy: RGOAL will comply with all applicable Data Protection laws and regulations regarding your personal information supplied to RGOAL upon registration. Your personal information is processed in accordance with such regulatory framework and with our Privacy Policy (which can be reviewed on our website www.rgoal.org), using appropriate technical and organisational measures to protect the Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where Personal Data is transmitted over any network and which provide a level of security appropriate to the risk represented by the processing and the nature of the Personal Data. You have the right to request access to your data and you can request changes to such data at no cost. A full deletion of your data might not be possible according to the Remote Gambling Regulations in conjunction with Art. 30EU directive 2005/60/EC.

10.2 Enquiries: RGOAL will respond promptly and properly to any reasonable and proper enquiries from you or from the competent data protection authority relating to the processing of the Personal Data and will cooperate in good faith concerning all such enquiries within a reasonable time.

10.3 Confidential Information and Privacy: RGOAL shall take reasonable steps to ensure the security and privacy of such information. RGOAL stores and processes the information on computers that may be located outside your country that are protected by physical as well as technological security devices. Though the use of RGOAL’s Services you may effect storage of your own Personal Data in RGOAL’s Database. RGOAL assumes no liability whatsoever for any loss of the information stored on its systems or any direct or indirect damages arising out of such loss. If you object to your information being transferred, stored or used in this way please do not use RGOAL Services.

 10.4 Data Storage: You understand and agree that your personal data may be stored in any of the Participating Operators' Databases. Alternative addresses, contact details and identification documents will be shared and may be stored in RGOAL's and the Participating Operators’ Databases. No additional data shall be exchanged with RGOAL.

 

11.           Term and Termination

11.1 Term: This Agreement will be effective as of the Effective Date and will remain in force until the end of the chosen Exclusion Period as set out in the Request Form, unless terminated earlier in accordance with the terms stated under Sections 11.2 and 11.3 of this Agreement.

11.2 Termination by RGOAL: In addition to any remedies that may be available to RGOAL under any applicable law, RGOAL shall have the right to, temporarily or permanently, limit, suspend, or terminate this Agreement and the use of RGOAL’s Website, delete the User Account and/or User ID, remove content that you uploaded to RGOAL‘s Database and take technical and legal measures to remove your Personal Data from RGOAL's Database, with immediate effect, if RGOAL determines, at its sole discretion  you:

(a) have deliberately provided inaccurate personal Details;

(b) fail to comply with RGOAL’s reasonable request for information regarding your identity;

(c) abused the rights to use the RGOAL Website;

(d) performed any act or omission that violates any applicable law, rules, or regulations or is harmful to RGOAL or any other third party, including Participating Operators or other users and providers of RGOAL's Website and Services;

(e) used the User Account for any kind of fraudulent, illegal or illegitimate purposes;

(f) conveyed Password or User ID to another person or entity; or,

(g) are in material breach of the Agreement.

11.3 Termination by Excluded Person: You may terminate this Agreement with immediate effect at any time, with or without cause, provided that the following documents are submitted to RGOAL:

(a) a signed Request Form for Lifting of a Self-Exclusion, an up to date version of which can be requested on RGOAL’s website.

(b) a signed declaration by a qualified doctor, lawyer or tax advisor confirming that he has satisfied himself in his professional capacity that the reasons related to compulsive gambling behaviour, which initially caused you to register a self-exclusion in RGOAL’s Database no longer persist.

(c) a fast-track procedure to lift a fraudulent Self-Exclusion submitted maliciously in the name of a participant of a tournament or a multi-player game by a third-party, or in other cases of proven urgency will be available on a case by case basis.

11.4 All of your rights to use or access the User Account shall cease upon expiry or termination of the Agreement and your access to your RGOAL User Account will be blocked. RGOAL may keep copies of any information and/or reports to the extent necessary to comply with any applicable legal requirements.

11.5 Termination or expiry of the Agreement shall be without prejudice to the rights and liabilities of the parties that have already at that time accrued and to Section 5, 8, 9, 10.2 and 10.7 of this Agreement, which shall remain in full force and effect. To the extent permissible by applicable law, RGOAL will not be liable for any damage caused by the termination of this Agreement for any reason.

 

12.           Miscellaneous Provisions

12.1 Updated Versions of this Agreement: RGOAL reserves the right to modify the Website, these Terms and Conditions and/or any other policy applicable to the use of RGOALS Website and Services from time to time by publishing a revised version on RGOAL's Website. The revised agreement shall become effective within thirty (30) days of such publication. Continued use of RGOAL's Website and Services after expiry of this notice period, shall constitute acceptance to be bound by the new Policies and Terms and Conditions. The most recent version of these Terms and Conditions can be found on www.rgoal.org. It your sole responsibility to regularly review these Terms and Conditions and all policies and documents applicable to the use of RGOAL's Website and Services. Excluded Persons, who do not agree with these Terms and Conditions, must not use this site.

12.2 Governing Law: The laws of Malta shall govern this Agreement. Any disputes shall be subject to the jurisdiction of the Maltese courts. Notwithstanding the foregoing, any claim by RGOAL pursuant to the indemnity clauses of this Agreement, may be brought in the court in which the third party claim that is the subject of the indemnity, has been lodged against RGOAL.

12.3 Sole Agreement: This Agreement in conjunction with the Order Form is the sole agreement between the parties and replaces all prior agreements. Except as provided under 12.1. amendments to this Agreement shall not be effective unless made in writing and signed by both parties.

12.4 Notices:  Any notices, demands or other communications required or permitted under this Agreement will be in writing and will be deemed effectively delivered to the party: (i) by email using a method that positively establishes receipt of the email by the recipient; (ii) by personal, same or next day delivery; or (iii) by commercial overnight courier with written verification of delivery; in each case addressed to the party for whom it is intended at the address for such party as stated in the Request Form  or as last provided to the other Party thereafter. All notices so given will be deemed given upon the earlier of receipt or three (3) days after dispatch. If you have any questions regarding this Agreement, you may contact RGOAL.

12.5 Language: Should there be any discrepancy between foreign language versions and English versions of this Agreement, the English version shall prevail.

12.6 Severability: In case one or more provisions of this contract shall be deemed void, completely or in part, the parties agree that the other provision of this contract shall remain valid and that the void parts shall be replaced by provisions that come as close as possible to the parties’ original economic intentions.

 

Version: May 2016