GRANT OF RIGHTS TERMS AND CONDITIONS

 

 

1.     Access to the Website

1.1.      Use of the Website is strictly by invitation only. The data contained in this Website is confidential, legally privileged and is intended solely for the Invitee and access thereto by any third party is unauthorised. If you are not the intended recipient of a proprietary invitation by a nominated Supplier, the Invitor, and do not meet the Qualifying Criteria you are requested to immediately delete the Invitation and you are not entitled to subscribe to the Rights contained herein. Any such action taken or omitted to be taken is prohibited and may be unlawful.

 

1.2.     The information contained on the Website is provided to you on a strictly private and confidential basis, is subject to periodic update, and is for information purposes only.

 

1.3.     The Invitation, nor any part of it, may not be reproduced or used for any other purpose than your personal evaluation of the opportunity. You may pass the Invitation to your advisors, but you must advise them of its strictly confidential nature.

 

1.4.     The communication of this Invitation is restricted by law. It is not offered to the public, and is not intended to be distributed to, or be used by any person in any jurisdiction who is not the intended, named recipient, or where it would be contrary to any local laws, rules or regulations.

 

2.     Qualifying Criteria

Each Invitee should ensure that they meet the following Qualifying Criteria for the purpose of qualifying for the subscription to the Rights-

 

2.1.     the Invitee has previously transacted with the Invitor in respect of online gaming services provided by the Invitor;

 

2.2.     the Invitee is in good standing with the Invitor and has complied with all KYC requirements of the Invitor in place from time to time;

 

2.3.     the Invitee currently holds rights to conduct online gaming in terms of a license issued by a Gaming Regulator in a regulated jurisdiction.

 

3.     Acceptance of Terms

3.1.     By accessing the URL or clicking acceptance on the clickthrough button, the Invitee agrees to be bound by the Terms set out herein.

 

3.2.     This Agreement consists of these Terms and any other specific terms applicable as set out on the Website which include inter alia the Acceptable Use Policy and the Privacy Policy. 

 

4.     Duration

4.1.     These Terms start when the Invitee accepts them by clicking acceptance thereof or by accessing the URL and will continue until terminated in terms hereof.

 

4.2.    Without derogating from the aforesaid provisions, either party may terminate these terms by giving the other party at least 30 days prior written notice.

 

4.3.    Upon termination of these Terms for any reason whatsoever, the Rights are immediately revoked.

 

5.     Grant of the Rights

5.1.     It is recorded that the Licensee holds a license under number 22-0025 issued by the Philippine Amusement and Gaming Corporation to conduct offshore online gaming operations worldwide, except within the Philippines, contingent on maintaining related service provider office operations within the Philippines.

 

5.2.    The Licensee is entitled to appoint service providers to assist it in fulfilling its customer due diligence as well as sales and marketing obligations and as such has appointed eTec Global Limited (a member of the Licensee Group of Companies) as its as its European marketing partner with the objective of extending its network of partners and affiliates for the commercialisation of the License.

 

5.3.    eTec Global, duly authorised by the Licensee, hereby grants to the Invitee a non-exclusive, limited right to operate offshore online gaming operations within the Accepted Territories by use of the official shield and URL for the Subscription Period and in accordance with the Terms. The Invitee shall not be entitled to sub-license or transfer any of its rights herein to any third party and shall only use the shield and URL for the purpose for which it is issued in terms hereof.

 

5.4.    In consideration for the Rights granted in terms hereof, the Invitee shall make payment of the subscription fees on a monthly basis.

 

6.    Subscription

6.1.     The Invitee shall be granted the Rights from the date on which the subscription fee is paid by the Invitee until such time as these Terms are terminated.

 

6.2.    The Invitee shall be liable for payment of the subscription fee as indicated on the website on a monthly basis for the Subscription Period.

 

6.3.    Non-payment of any subscription fee by its due date, whether as a result of declined cards or any other cause may result in immediate suspension of rights granted in terms hereof including the right to operate by way of the shield and URL until all arrears have been settled in full. The Invitee should note that it may not have access to the URL which may be blocked during the time of suspension.  eTec Global Limited shall furthermore be entitled to contact the Invitor to inform them that the Invitee´s Rights as granted in in terms hereof have been revoked.

 

6.4.    If the Invitee remains in default of a monthly subscription fee for two consecutive calendar months, eTec Global Limited may terminate this agreement with immediate effect. The Invitee will remain liable for all fees and charges for any period of suspension.

 

7.     Compliance Provisions

7.1.     In terms of the License, the Licensee is obliged to perform a customer due diligence which includes the process of identifying each of its customers and verifying the identity of the customer when it engages in any financial transaction. The Licensee has appointed eTec Global Limited to perform the customer due diligence functions in respect of Invitees on its behalf. Documents that may be requested as part of this due diligence process include, but are not limited to proof of identity, proof of address, bank statements and evidence of business ownership. If the Invitor is unable to provide any of these documents the Rights may be suspended.

 

7.2.    By electing to submit a request to transfer licence and operate under the License, the Invitee hereby expressly –

 

 

7.2.1.        confirms that it holds a licence from a similar recognised jurisdiction which shall be substituted with the Rights granted in terms hereof;

 

7.2.2.        consents to eTec Global Limited requesting, accessing, obtaining and uplifting all and any KYC documentation in respect of the Invitee. The Invitee furthermore grants a special and limited power of attorney to eTec Global Limited to sign any request forms required to access such documentation and to distribute such documentation to the Licensee, PAGCOR or any authority required by law; and

 

7.2.3.        commits to undertake a due diligence process in respect of each of its customers according to the risk profile of the customer and in this regard shall adhere to the Philippine Amusement and Gaming Corporation Customer Due Diligence Guidelines for Offshore Gaming a copy of which can be viewed here. The standard customer due diligence procedures are set out in clause 8 below.

 

7.3.    For the duration of the Subscription Period and in compliance with the terms of the License, PAGCOR shall be entitled to access to the Invitee´s platform for the monitoring and oversight of Gross Gaming Revenue (GGR) and confirmation of tax and fee payments at the lawful request by PAGCOR.

 

8.     Customer Due Diligence

8.1 The Invitee shall undertake at least the following due diligence procedure in respect of each of its customers-

 

8.1.1.               Identify the player, unless the identity is already known to and has been verified by the Invitee;

 

8.1.2.              Verify the player´s identity, unless its identity has already been verified by the Invitee;

 

8.1.3.              Use independent, reliable source documents, data or information in verifying the players identity;

 

8.1.4.              Assess the money laundering and terrorist financing player risk and where appropriate obtain information on the purpose and intended nature of the business relationship;

 

8.1.5.              Check the watch list of individuals and entities engaged in illegal or terrorist related activities as circularised by BSP, AML and other international entities or organisations such as the Office of Foreign Assets Control and other international entities and organisations such as the United Nations Sanctions List.

 

8.2 The Invitee shall refer to the Philippine Amusement and Gaming Corporation Customer Due Diligence Guidelines for Offshore Gaming in respect of high risk customers and for comprehensive customer profiling criteria.

 

9.     Invitee Undertakings

9.1.     The Invitee agrees that it will not use the rights in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person.

 

9.2.    Accordingly, the Invitee shall ensure that its customers or users at all times when engaging in online gaming-

 

9.2.1.         Are 18 (eighteen) years of age or older as underage gambling is a criminal offence. The Invitee is required to ask for proof of age and address for its customers;

 

9.2.2.        Are located in countries in the Accepted Territories where online gaming is permitted. eTec Global Limited does not intend that the rights are granted in respect of countries in which such activities are illegal;

 

9.2.3.        Authorise it to conduct any identification, credit or other verification checks which may be required by eTec Global Limited, the Licensee and or PAGCOR.

 

9.3.    eTec Global Limited do not accept liability for use of online gaming services in contravention of the laws of any country.

 

9.4.    The Invitee needs to ensure that it suspends and blocks all gaming accounts and/or betting activity which in a contravention of any laws.

 

10.   Unlawful Activities

The Invitee is required to ensure that it at all times conduct lawful operations and may only permits its customers to use its services for lawful gaming in accordance with these Terms and may not permit any activities which are unlawful including inter alia

 

10.1.  any form of fraudulent or illegal activity, or any other activity prohibited;

 

10.2. if the name registered on accounts does not match the name on the financial/bank account and/or the debit card(s) used to make deposits;

 

10.3. if gamers are located in any territory or country in which the accidental or deliberate access or use of gaming services is illegal.

 

11.   Verification

11.1.             The Licensee has the capability to validate its authorised operations to potential partners by sharing a PAGCOR stamped copy of their declared URL’s or websites.

 

11.2.            Potential partners can authenticate the Licensee´s operational URL’s through direct liaison with PAGCOR’s Offshore Gaming Licence Department.

 

12.   Data Privacy

12.1.                     eTec Global Limited processes information in accordance with its Privacy Policy and Cookies Notice. The Data  Policy and Cookies Notice are accessible on the Website and contains information about the types of information collected, and what it does with that information, including who it may be shared with and why.

 

12.2.                     eTec Global Limited reserves the right to amend the Privacy Policy at any time. However, it reserves the right to ask the Invitee to provide it with additional details and any such additional information will be kept confidential. It further reserves the right under certain circumstances to disclose certain details to relevant authorities should it be required to do so by law, an arm of the state or a regulatory body. Subject to the provisions of the Privacy Policy, this right to disclose personal information to bodies or authorities whose purpose is to investigate money laundering, fraud and other criminal activity will be to the extent required by law.

 

12.3.                              For ease of reference the principal terms of its Policy are as set out hereunder.

 

12.4.                              For the purpose of this clause the terms process, processed, processes, processing, personal data, personal data breach, data controller, data processor and data subject have the meanings set out in the Data Protection Legislation.

 

12.5.                              In respect of any personal data processed by the Parties in connection with this agreement, the Parties acknowledge and agree that:

 

12.5.1.                         each Party will act as a data controller for the purpose of the Data Protection Legislation; and

 

12.5.2.                        nothing in this agreement purports to appoint either Party as a data processor for and on behalf of the other Party in respect of such personal data and a Party will not otherwise act as a data processor for and on behalf of the other Party unless it has been expressly appointed under an agreement which complies with the Data Protection Legislation;

 

12.6. The Parties will comply with all applicable requirements of the Data Protection Legislation, regulations and binding codes of practice issued by any relevant data protection regulator in performing their respective obligations under this agreement, including but not limited to in respect of:

 

12.6.1.      any personal data processed by the Parties in connection with this agreement;

 

12.6.2.     transfers of any personal data processed by the Parties in connection with this agreement to any third party, third country or an international organisation; and

 

12.6.3.     the Parties’ respective security obligations under Article 32 of the UK GDPR;

 

12.6.4.              In acting as data controller, each Party will use reasonable commercial endeavours to ensure that:-

 

12.6.4.1.                                 it implements and maintains appropriate technical and organisational measures to ensure a level of security to ensure the confidentiality and integrity of all personal data;

 

12.6.4.2.                                 all employees, staff, sub-contractors and agents who may have access to a prospective content creator’s personal data have undergone training in the Data Protection Legislation and in the care and handling of personal data, and have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; and

 

12.6.4.3.                                                 it provides all such co-operation and access as is reasonably required by the other Party in order to assist that Party with its obligations under the Data Protection Legislation.

 

12.7.          Each Party undertakes, without undue delay, and in any event within 48 hours of becoming aware, to notify the other Party in writing in the case of any personal data breach or other breach of Data Protection Legislation which may have occurred in connection with any personal data provided by a Party under this agreement and, together with such notice, will provide a written description of the particulars of such breach.

 

13.   Confidentiality

13.1.              The provisions contained herein and on the Website are commercially sensitive and accordingly the parties undertake to maintain the provisions hereof on a confidential basis and shall not make any disclosure hereof to any third parties unless required by law or in order to exercise their rights set out herein. It is recorded that-

 

13.1.1.           the Invitee, by virtue of its association with eTec Global Limited may become possessed and in such event will remain possessed of and has had and will continue to have access to the trade secrets and confidential information of eTec Global Limited and the Licensee including, inter alia, but without limiting the generality of the aforegoing, the following matters, all of which are hereinafter referred to as "the trade secrets" –

 

13.1.2.              Website content and designs;

 

13.1.3.              Licensing Regime;

 

13.1.4.              Territories of Operation;

 

13.1.5.              the Scope and Extent of the License;

 

13.1.6.              the customer due diligence requirements;

 

13.1.7.              details relating to the Regulator;

 

13.1.8.              and other details,

 

which information may be confidential or may be of a commercially sensitive nature and which may not be readily available in the ordinary course of business to a competitor of e Tec Global Limited.

 

13.2.                If, on termination of this Agreement for any reason whatsoever and subsequent to the expiry of the non-compete period referred to below, the Invitee becomes associated with or interested in a competitor, the proprietary interests of eTec Global Limited may be prejudiced.

 

13.3.                    Having regard to the facts recorded above, the Invitee irrevocably undertakes, in favour of eTec Global Limited, that in order to protect its proprietary interests in the trade secrets –

 

13.3.1.                it shall not, during the Subscription Period or at any time thereafter, either use or directly or indirectly divulge or disclose to others any of the trade secrets without prior written consent obtained from eTec Global Limited or until the information has become publicly available through no wrongful act of any person who was under the confidentiality obligations with regards to the trade secrets involved. The Invitee may only disclose the trade secrets to its personnel who have a need to know such information to enable the it to exercise the Rights;

 

13.3.2.               it shall not make any copies of the trade secrets except when authorised to do so;

 

13.3.3.                   it shall not furnish any information or advice acquired by itself as a result of the Grant of Rights to anyone else which results in any employee of the Invitee becoming employed by, or directly or indirectly interested in any manner whatever in any business, firm, undertaking or company directly or indirectly in competition with the business carried on by eTec Global Limited.

 

13.4. The Invitee acknowledges and agrees that notwithstanding the manner in which the undertakings given by it above have been grouped or linked grammatically, each of them constitutes a separate and independent undertaking severable from and independent of each of the other undertakings in regard to all aspects thereof including, without limiting the generality of the aforegoing, in respect of each of the provisions of this clause 13.

 

13.5.               Should any provision of clause 13 or any part thereof be found by any competent court to be defective or unenforceable for any reason whatsoever, the remaining provision of clause 13 shall continue to be of full force and effect.

 

13.6.       The provisions of this clause shall apply stipulatio alteri in favour of the Licensee to the extent relevant.

 

13.7.        The provisions of this clause shall survive termination of this Agreement.

 

14.    NON-CIRCUMVENTION

14.1.  The Invitee shall not, in any manner solicit and/or accept any third party business from any resources that have been furnished to it by eTec Global Limited in respect of the grant of the Rights, nor in any manner shall access, contact solicit and/or conduct any transaction with such said resources other than as specified in these Terms.

 

14.2.               The Invitee shall not in any way whatsoever circumvent eTec Global Limited and/or attempt such circumvention and to the best of its abilities shall ensure that any data and proprietary information provided hereto are not altered.

 

14.3.               The Invitee shall not enter into direct and/or indirect offers, negotiations and/or transaction with contacts revealed by eTec Global Limited pursuant to this Agreement including inter alia the Licensee other than for verification purposes as provided for in this Agreement.

 

14.4.      In the event of circumvention by the Invitee, whether direct and/or indirect, eTec Global Limited shall be entitled to legal monetary compensation equal to the maximum fee it should realise from such a transaction, plus any damages, losses and all expenses, including any and all legal fees incurred in lieu of the recovery of such compensation.

 

15.   Intellectual Property

15.1.         All intellectual property rights in the Websites and the URL and all material and/or content made available or otherwise by us shall remain at all times eTec Global Limited´s property or the property of the Third Party Licensors.

 

15.2.        The names, images and logos identifying eTEc Global Limited, the Licensee, the Rights, PAGCOR as displayed on the Websites are proprietary marks and may not be reproduced or otherwise used without express permission.

 

15.3.        Nothing contained in these Terms shall be construed as conferring by implication any licence or right to use any trademark, patent, design right or copyright that belongs to us or any third party.

 

16.  Warranties

16.1.        No representations or warranties are given by the Licensee or eTec Global Limited with regard to the website, the URL or the License other than expressly stated herein. Accordingly, all implied warranties are excluded.

 

16.2. The Invitee warrants that-

 

16.2.1.               It has provided accurate information to the Invitor. It is responsible to inform eTec Global Limited and the Invitor of any changes to details which may impact on the subscription or its KYC;

 

16.2.2.               the Invitor has completed a valid KYC check in respect of the Invitee and is in receipt of comprehensive and to date KYC documentation relating to it;

 

16.2.3.              It holds an existing license from a gaming regulator I a separate jurisdiction.

 

 

17.   Limitation of Liability

17.1.            To the fullest extent permitted by law under no circumstances will eTec Global Limited or the Licensee or any of its respective subsidiaries, shareholders, affiliates, representatives, partners, directors, officers, employees, advisers, or agents be responsible or liable to the Invitee or to any third party for any injury to or loss of goodwill, reputation, business, production, revenues, profits, anticipated profits, savings, contracts, data, or opportunities (regardless of how these are classified as damages), or for any consequential, incidental, indirect, exemplary, special, punitive or enhanced damages whether arising out of breach of contract, tort (including negligence), strict liability, service liability or otherwise (including the entry into, performance or breach of these terms), regardless of whether such loss or damage was foreseeable or Invitee has been advised of the possibility of such loss or damage, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

 

17.2.          eTec Global Limited shall not liable for any costs, claims, or demands of any nature, whether asserted against it by any party arising from the Rights granted herein.

 

17.3.          eTec Global Limited shall not and does not provide any guarantees regarding the Invitee´s ability to achieve results and/or generate an income. Nothing provided for on this website or the URL is a promise or guarantee of any results or future earnings.

 

17.4.          It is also important that the Invitee understands that eTec Global Limited  will not be liable to it under these Terms, and nor does it owe the Invitee a duty of care in respect of, compliance or non-compliance with any regulatory obligations that it or the Licensee may be under from time to time.

 

17.5.          The use of the URL will result in the indemnification by the Invitee of eTec Global Limited in respect of any damages, loss or costs or claims instituted against it arising from any third parties who subscribe to the services of the Invitee.

 

17.6.          These limitations on liability and indemnities apply to the benefit of the Licensee, eTec Global Limited affiliates, directors, officers, employees, contractors, agents and other representatives.

 

18.   Termination

18.1.                These Terms will be automatically terminated in the following circumstances-

 

18.1.1.  should the License terminate;

 

18.1.2.           at the election of eTec Global Limited in the event of eTec Global Limited terminating its relationship with the Licensee;

 

18.1.3.           should the Invitee fail to adhere any of the provisions set forth in these terms or fail to comply with any laws or regulations in the conduct of its business;

 

18.1.4.           should the Invitee not meet the Qualifying Criteria;

 

18.1.5.           upon material breach of this agreement by the Invitee including inter alia failure to pay the subscription fees, a breach of warranties or failure to adhere to the compliance procedures;

 

18.1.6.          if eTec Global Limited has reasonable grounds to suspect that the Invitee has permitted its customers to engage in any unlawful activities.

 

18.2.        In the event of termination of these Terms for any reason whatsoever, the Rights will be revoked and the Invitor will be informed accordingly.

 

19.   DISPUTE RESOLUTION

19.1.           If a dispute arises out of or in connection with this Agreement, including any question as to its existence, validity or termination or in any way relating to the Rights and the Terms set out herein (a “Dispute”) either Party may give written notice of such Dispute to the other Party (“Dispute Notice”), which Dispute Notice shall refer to the Dispute that has arisen. Within ten (10) Business Days of service of the Dispute Notice, the Parties shall hold a virtual meeting (“Initial Dispute Meeting”) in an effort to resolve the Dispute, which meeting may be held by telephone or electronic means, and which shall be attended by the chief executive officers of the Parties to the dispute. If the Dispute is not finally resolved within 20 (twenty) Business Days after the service of a Dispute Notice, whether or not an Initial Dispute Meeting has been held, any Party to the Dispute may refer it for arbitration, as contemplated herein by written notice to the other Party ("Arbitration Notice"). Upon filing of a request for arbitration by any Party, it shall be referred to and finally determined by arbitration in accordance with the rules of the Rules of the Arbitration of the International Chamber of Commerce (the “Rules”), by one of more arbitrators appointed in accordance with the Rules.

 

19.2.          The arbitration shall take place at such venue as the Parties shall agree, failing which shall be held virtually.

 

19.3.          The arbitration shall be conducted by a single arbitrator appointed by the Parties. If the Parties fail to agree on the choice of arbitrator, he shall be appointed by the International Court of Arbitration in accordance with the Rules. The determination of the arbitrator shall be final and binding upon the Parties and, so far as the law permits, not subject to appeal.

 

19.4.          Notwithstanding the foregoing, a Party is entitled to seek preliminary interdictory relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of the arbitrator.

 

20.  Changes to Terms

20.1.            eTec Global Limited may make changes to the Terms from time to time (for example, in order to comply with a change in applicable law or a change in the licensing regime, the regulatory obligations or to accommodate changes in business practices).

 

20.2.            The Invitee will be notified of any material changes to these Terms by providing a prompt with a link to the revised terms on the Websites.

 

20.3.            The continued use of the Rights following such notification will be deemed binding acceptance of the changes.

 

21.   Assignment

21.1.         The Invitee shall not be entitled to transfer, assign or delegate any of its rights and responsibilities in terms hereof.

 

21.2.        eTec Global Limited may wish to assign, transfer, charge or otherwise deal with its rights and/or obligations under these Terms. The Invitee agree that it is free to do so provided that this will not prejudice the Rights. Without limiting the preceding sentence, we may wish to transfer its rights or obligations the Terms to another company within the corporate group or any other legal entity, including if a restructure or sale of business.

 

21.3.        The Invitee agrees that eTec Global Limited may do so provided that in the case of such a transfer, after notification of the date on which such transfer takes place, the rights under these Terms may be against the new legal entity.

 

22.  Disclaimer

eTec and the Licensee shall use their reasonable commercial endeavours release updates or revisions to the Website to reflect a change in the position or expectations with regard to changes in events, conditions or circumstances on which the Website may be based. It shall be the responsibility of the Invitee to remain updated with regard to any such changes, accordingly, eTec Global Limited and the Licensee shall not be liable for any loss sustained by the Invitee pursuant to a failure to do so.

 

23.   Whole Agreement, No Amendment

23.1.             This Agreement constitutes the whole Agreement between the parties relating to the subject matter hereof.

 

23.2.            No amendment or consensual cancellation to this Agreement or any provision or term thereof or of any Agreement, bill of exchange or other document issued or executed pursuant to or in terms of this Agreement and no settlement of any disputes arising under this Agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this Agreement or of any Agreement, bill of exchange or other document issued pursuant to or in terms of this Agreement shall be binding unless recorded in a written document signed by the parties. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.

 

23.3.            No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement or any Agreement, bill of exchange or other document issued or executed pursuant to or in terms of this Agreement, shall operate as an estoppel against any party in respect of its rights under this Agreement, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with this agreement.

 

23.4.            No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

 

23.5.            If one or more provisions in this Agreement are deemed void or unenforceable to any extent in any context, such provisions shall nevertheless be enforced to the fullest extent allowed by the law in that and other contexts and the validity and force of the remainder of the Agreement shall not be affected.

 

24.  Interpretation and General

24.1.           Applicable law and jurisdiction. The laws of England will apply to this agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of England, London.  Notwithstanding the aforesaid, the parties shall be entitled to elect the dispute resolution procedures set out above as an alternative to approaching the courts for relief.

 

24.2.               Survival. For the avoidance of doubt, any provision of this agreement that anticipates any right or duty extending beyond the termination or expiry of this agreement will survive the termination or expiry of this agreement and continue in full force and effect.

 

24.3.               No indulgence. If one party chooses not to enforce any part of this agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the agreement is found to be unenforceable, the rest will still be enforceable.

 

24.4.               Representatives. The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this agreement should they prove not to be so authorised.

 

24.5                  Severance. In the event that any part of this agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this agreement.

 

25.  Definitions

25.1.             In these Terms, the following terms shall have the meanings assigned to them hereunder:

 

25.2.               Accepted Territories means the territories in which the Invitee shall be entitled to conduct online gaming which include all jurisdictions in which online gaming is legally permitted, excluding the Philippines;

 

25.3.               Agreement means these Terms and any other legal documents contained on the Website including the Acceptance Use Policy and Privacy Policy;

 

25.4.               Confidential Information is any information that the parties share with one another in terms of this agreement with the intention that the other party should keep it secret, such as personal information, business records, or customer details;

 

25.5.              Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time including the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder), the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and all other legislation and regulatory requirements in force from time to time which apply  to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications) within the jurisdiction in which the data is being processed or the relevant data subject is located including, but not limited to, the EU Data Protection Directive 95/46/EC, the EU Directive on Privacy and Electronic Communications 2002/58/EC, Commission decisions and guidance and the European Union General Data Protection Regulation;

 

25.6.              eTec  Global Limited means eTechnologies Global Limited registered according to the company laws of England;

 

25.7.               Invitation means the proprietary invitation sent by an Invitor to an Invitee to which these Terms are attached;

 

25.8.              Invitee means the intended recipient of the Invitation by the Invitor who qualifies for the Invitation by virtue of meeting the Qualification Criteria;

 

25.9.              Invitor means a Gaming Operator/Supplier who has dispatched the Invitation to the Invitee;

 

25.10.           License means the Gaming license issued to the Licensee under license number 22-0025 by the Philippine Amusement and Gaming Corporation;

 

25.11.            Licensee means New Wave Infotech Limited a corporation registered under the laws of the Territory of the British Virgin Isles a Philippine Offshore Gaming Operator licensed by PAGCOR;

 

25.12.            PAGCOR by the Philippine Amusement and Gaming Corporation;

 

25.13.            Parties means the Invitee and eTec Global Limited;

 

25.14.            Qualifying Criteria means the criteria set out in paragraph 2 which the Invitee is required to meet for the purpose of accepting the Invitation;

 

25.15.           Rights means the right to conduct offshore online gaming operations within the Accepted Territories in accordance with the provisions of these Terms;

 

25.16.           Subscription Period means the date on which the subscription fee is paid by the Invitee until such time as these Terms are terminated for any reason whatsoever;

 

25.17.            Terms means these terms which regulate the grant of the rights to the Invitee;

 

25.18.           Third Party Software means all third party software owned by a third party but legally licensed to us for use in providing the services;

 

25.19.           UK GDPR means the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, as amended;

 

25.20.          Website means licensing.newwavelicensing.ph

 

 

26.   I hereby confirm that I read and will comply with the terms and conditions and am duly authorised to confirm acceptance hereof on behalf of the Invitee  [Y/N checkbox]

 

27.   Ends.

 

Etec contact details -       info@etecglobal.world

 

New wave Infotech details - info@newwavelicensing.ph