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.
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.
8.1 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.
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.
13.1.
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.
13.3.1.
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;
13.4.
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