You are welcome to QuitGamble.com. Thank you for choosing to be part of our community. QuitGamble.com aims to provide resources to millions of consumers searching for solutions to gambling addictions. Click About Us to know more about us and our services.
3. MEDICAL ADVICE DISCLAIMER
The contents of QuitGamble.com, including text, graphics, images, and other material are for informational purposes only. Nothing contained in this site is or should be construed or used as a substitute for professional medical or mental health advice, diagnosis, or treatment. The contents on this Site are monitored and edited in a timely fashion, but we are not responsible for the individual opinions, recommendations, suggestions, or advice of any user who contributes to such content. We do not advise users in any way.
The information from our Website is therefore never advice and\or recommendation. Users must realize and accept this. It is imperative that you never disregard medical advice from your doctor or other qualified health care provider or delay seeking it because of something you have read on the Internet, including on QuitGamble.com. We urge you to seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical or mental health condition. We do not recommend or endorse any specific procedures, physician, products, opinions, or other information that may be mentioned on the Site. Please seek immediate medical or therapeutic help if you’re suffering from a serious addiction. In case of emergency, please call your doctor or the relevant emergency number immediately.
The information contained on or provided through QuitGamble.com is provided on an “as is” basis, without any warranty, express or implied. Any access to this site is voluntary and at your own risk. It is the user’s responsibility to comply with applicable laws within your country or region of residence.
We reserve the right to revise these Terms from time to time to better reflect:
If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you prior to the effective date of the update by sending an email to the email address associated with your account or via an in-service notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don’t agree to the updates we make, you must cancel or request the removal of your account before the end of the thirty (30) days notice period. Where applicable, we will offer you a pro-rata refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
6. INTELLECTUAL PROPERTY RIGHTS
All material on the site, such as text, visual interfaces, graphics, logos, button icons, design, images, audio clips, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (the “Materials”), is owned by QuitGamble and is protected by all relevant intellectual property and proprietary rights and applicable laws.
You may not copy, use, modify, reproduce, republish, post, transmit or distribute in any way any material from this site including the underlying code and software, save as authorized by this agreement or as expressly authorized by us. You are only authorized to use the site and its contents for your personal, non–commercial use. This amounts to viewing the site and printing off individual pages or sections for personal use.
i. User Contribution
Any content provided by you by, any means including, posting messages to bulletin boards or chat forums, uploading files, inputting data, or engaging in any other form of communication (the “User Contents”) through this service, although owned by you, is subject to a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license allowing QuitGamble to use, copy, sublicense, adapt, transmit, publicly perform or display any such content. This license does not apply to the message content of your messaging account, the privacy and integrity of which will be respected at all times. In addition, you warrant that you have a full license and authority to upload/share user content on this site, and QuitGamble will not be responsible for any breach of intellectual property right that may arise where you share any user content that you are not authorized to share.
ii. Content Disclaimer
All comments and/or user contents reflect the personal opinion of the user/visitor who posts them and QuitGamble shall not be responsible for any liability arising therefrom.
iii. Content Standards
We will use our reasonable endeavors to ensure that the site and the facilities thereon (including newsletters, personal email and chat forums – Community Services) is\are available at all times and that the content provided on the site is true, accurate and error-free. However, we do not guarantee this and provide no warranties unless specifically stated.
8. ACCOUNTS AND REGISTRATION
If you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account has been compromised or that it is no longer secure, then you must immediately notify us via our contacts below.
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines will be disabled. We reserve the right to disable, terminate and delete multiple accounts created by a single user.
We take the security of your data very seriously. We use a variety of software to ensure appropriate security and encryption. You are obligated to keep your password and other non-public user data secret. You are responsible for all unauthorized use of your account to the extent you have failed to keep the information of your account safe.
We only offer a website and community for users with a minimum age of at least 18 years. By using this website, you represent and warrant to us that you are at least eighteen (18) years of age and that you have read and agree to these terms.
If you are using our Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. We accept no liability that may arise from the use of the site by or on behalf of any person below the age of 18.
11. PURCHASE, SUBSCRIPTION AND PAYMENT
As a user and consumer, you are entitled to the legal rights as are applicable under the relevant Maltese consumer laws. Details concerning the purchase such as confirmation of the order, payment, delivery, and customer service are presented on the website in connection with the purchase.
12. PROHIBITED USE AND CONTENTS ON THE SITE
13. TERMINATION, MONITORING AND ENFORCEMENT
ii. We reserve the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
iii. We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
iv. We reserve the right to discontinue the website services or any of the additional Community Services or to disable any particular user’s account or access rights at any time with no notice.
v. In relation to any service provided on this Site, QuitGamble reserves the right to terminate such account for inactivity, being a failure to log in to the service 90 days or later after registration and, subsequently, a failure to use the account for 90 days since your last log-on. In addition, we may delete content in the user account after 90 days. We shall have no obligation to maintain any content in your account or to forward it to you or any third party.
vii. Note: any violations of these Terms and/or our Community Standards is a cause for permanent suspension\termination of your account.
You agree to defend, indemnify and hold harmless QuitGamble and its owners, officers, managers, directors, agents, employees, contractors, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”), from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of:
(i) your access to, use of, or alleged use of the Site, (including any data or content transmitted or received by you) in a manner not permitted by these Terms;
(ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation;
(iii) User Content or any content that is submitted through your QG Account including without limitation misleading, false, or inaccurate information;
(iv) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or
(v) any other party’s access and use of QuitGamble with your unique username, password or other appropriate security code; or
(vi) any disputes or issues between you and any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations to such matter), and in such case, you agree to cooperate with our defense of such claim.
i. Warranty Disclaimer
You understand and acknowledge that you use the site and use, access, download, or otherwise obtain materials or content through the site and any associated platform or services at your discretion and risk.
ii. Limitation of Liability
You understand and agree that QuitGamble, its affiliates or licensors, service providers, employees, agents, officers, or directors shall not at any time be liable to you or anyone else for any loss or injury whatsoever (including, without limitation, direct, indirect, incidental and consequential, special, punitive or any similar damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, unauthorized use of or inability to use the site or its content, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, and whether or not QuitGamble has been informed of the possibility of such damage. You hereby waive any and all claims against QuitGamble and the above listed, arising out of your use of the site and the information available thereon. You understand and agree that QuitGamble will not be responsible for any offensive conduct of any user or third-party organization, in any way connected with your interaction with this website.
Other than for the types of liability we cannot limit by law you agree that the aggregate liability of QuitGamble to you for any and all claims arising out of or relating to the use of or any inability to use the site (including any materials or content available through the site) or otherwise under these terms, whether in contract, tort, or otherwise, shall not exceed one hundred (100) Euro or the equivalent in other currency, or 100% of any amount you’ve paid under your current service plan to QuitGamble, whichever is greater. This exemption of liability is complete and exclusive.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations under this section will apply even if any limited remedy fails of its essential purpose.
16. THIRD-PARTY LINKS, WEBSITES AND CONTENT
This Site may be linked to or from other sites that are not maintained by Us. We do not control in any respect any information, products, or services offered by such other sites and shall not be responsible for the content of such other sites. For example, users may be able to pay for services via the site, some of which may be through third party retailers who link to the QuitGamble.com
We do not endorse in any way these third parties and any such transactions, dealings, correspondence with or participation in promotions of, third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties, or representations associated with such matters are solely between the corresponding user and the third party. We assume no liability, obligation, or responsibility for any part of any such transaction, dealing, correspondence or participation.
17. GOVERNING LAW AND JURISDICTION
If any provision(s) of this Agreement is held by any panel of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Our failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed to by QuitGamble in writing.
18. COMPLAINTS AND GRIEVANCES
We encourage users to take advantage of the “Complaint Form” for the amicable resolution of grievances. You agree to resolve the grievances\dispute informally by contacting our complaint channel via [email protected] We would be glad to offer prompt responses to complaints and resolutions to grievances between users. Our standby Complaint\Dispute Resolution Team will be available to respond promptly.
Note, however, in the event that you have a grievance/dispute with one or more other users of the Site, you release QuitGamble (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
19. DISPUTE RESOLUTION AND ARBITRATION
Read this section carefully because it requires parties to arbitrate their disputes and limits the manner in which you can seek relief against QuitGamble. For any dispute with QuitGamble, you agree to first contact us and attempt to resolve the dispute amicably and informally.
All such attempts shall be resolved in accordance with the following paragraph:
a. A Party shall give prompt written notice of any dispute to the other Party (a “Dispute Notice”). Such Dispute Notice will include sufficient details of the dispute to enable the other Party to consider its position in relation to the dispute.
b. Each Party agrees to use its best endeavors to settle any dispute amicably between the Parties within thirty (30) days from the date of the receipt of the Dispute Notice.
In the unlikely event that the attempt fails, you and QuitGamble agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach, termination or invalidity thereof (collectively, “Claims”), by binding arbitration, and not a court of law, in accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act, 1996 and the Arbitration Rules of the Malta Arbitration Centre as at present in force.
In addition to the foregoing:
a. The appointing authority shall be the Malta Arbitration Centre; b. The number of arbitrators shall be one. c. The place of arbitration shall be Malta; d. The language(s) to be used in the proceedings shall be English; e. The award shall be final and binding and there shall be no appeal; f. The arbitrator shall decide ex aequo et bono;
Nothing in this Section shall be deemed as preventing QuitGamble from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights.
Notwithstanding any dispute or reference of certain disputes (or part of certain disputes) for determination by arbitration pursuant to this clause, the Parties will continue to comply with their respective obligations under these Terms.
20. CLASS ACTION WAIVER
With respect to all persons and entities, regardless of whether they have obtained or used QuitGamble for personal, or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims.
You agree that, by entering into this Agreement, you and QuitGamble are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. You are also precluded from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against QuitGamble by someone else.
21. LIMITATION ON CLAIMS
You and QuitGamble agree that any cause of action arising out of or related to QuitGamble and/or your use thereof must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
22. WAIVER AND SEVERABILITY
Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
You may not assign any of your rights under these Terms, and any such attempt will be void. We reserve the right to assign our rights to any of our affiliates or subsidiaries, or any successor in the interest of any business associated with our Services.
24. ENTIRE AGREEMENT
These Terms constitute the sole and entire agreement between you and QuitGamble with respect to the Site and supersede all prior and contemporaneous understandings, agreements, terms, conditions, representations, and warranties, both written and oral, with respect to the Site
25. HOW TO CONTACT US
If you have questions about these Terms, you may contact us.
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