Terms & Conditions

Terms and Conditions

Version 1.0

15 April 2022

1. Introduction

• Safe Gaming is a company incorporated in [x] having its registered address at [x] (the “Company”, “Safe Gaming”, “We”, “Our”).
• Visiting or accessing our site, safe-gaming.com (the “Site”) makes you a user (“User”) thereof and by using the Site you will be subject to the Terms and Conditions set out herein.
• These Terms and Conditions regulate the access and use that the Users can make of the Site of Safe Gaming. The access and use of the Site implies your acceptance of these Terms and Conditions.
• In addition to the foregoing, these Terms and Conditions also form the basis upon which Safe Gaming carries out its professional service for its Clients. In accordance with good business practice and within a set of generally agreed principals and code of conduct, these Terms and Conditions set out the standards of service which may be expected by Safe Gaming’s Clients. Similarly, they also set out what Safe Gaming may expect from its Clients in return.

2. Definitions

2.1     In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

3. Access and Use of the Site

• The access and use of Our Site is free of charge for Users.
• Any request to Safe Gaming regarding quotations, hiring conditions and/or any other enquiry will be made through the contact form of the Site. Any agreed upon Services to be provided by Safe Gaming will be finalized through a Contract and further communication will be through external channels to this Site.
• The User agrees to use Our Site in a lawful, diligent, and proper manner and, therefore:

3.3.1 not to copy, adapt, reproduce, modify or distribute the Site or any of its content;

3.3.2 to use the Site solely to obtain information regarding Our Services and not for any illegal or unethical purposes; and

3.3.3 to respect the intellectual property rights of Safe Gaming.

• The User is liable for any damage or loss suffered by Safe Gaming due and/or related to the User’s direct or indirect misuse of the Site and/or these Terms and Conditions.

4. The Services

• With effect from the Commencement Date, Safe Gaming shall, in consideration of the price being paid in accordance with Clauses 9 and 10, provide the Services expressly identified in the quotation or Contract.
• Safe Gaming will use reasonable care and skill to perform the Services identified in the quotation or Contract.

5. Hours of Business

• Safe Gaming offers a 24-hour service. All calls, at all hours, made by Clients will be answered by an officer of the Company.
• Normal office hours are from 08.00 to 20.00, or by appointment.

6. Communication

• All notices and instructions under these Terms and Conditions and/or under the Contract may be given to Safe Gaming orally, by telephone or in a physical meeting, or in writing, by e-mail or fax. Where You request further information or quotations or where You provide instructions orally, You shall, whenever possible, confirm such instructions in writing to Safe Gaming, thus ensuring clarity of instruction and increasing efficiency.
• If, in the Client’s reasonable opinion, Safe Gaming fails to provide the Services as set out in the Contract, other than for reasons outside Safe Gaming’s reasonable control or the Client’s fault, the Client is kindly requested to send an email to info@safe-gaming.com at their earliest convenience.
• In the event that You send an email in accordance with Clause 6.2 above, You will be informed of the name of the person handling your case and, where appropriate, You will be provided with other lines of communication and points of contact.
• When You telephone the Company’s office, and wherever possible, You will be connected with the appropriate person to take Your instructions, or to the person assigned to Your case. However, if such persons are unavailable, You will be connected to the relevant assistant who will assist with Your enquiry, take Your instructions, or take a Your message, as may be appropriate.

7. Delivery and Performance

• Safe Gaming undertakes to make every reasonable attempt to verify the credentials of its prospective clients in order to establish that such prospective clients have lawful reasons to instruct an investigation to be conducted by Safe Gaming.
• Safe Gaming will carry out all investigations within the confines of and in accordance with the applicable law, and within the bounds of morality and professional ethics.
• Safe Gaming’s prime commitment is to Our Clients and to respect the best interest of such Clients by maintaining a high standard of proficiency ad expertise. Safe Gaming is committed to reporting all the facts ascertained during the performance of the Services to Clients, whether they are advantageous or detrimental, and will not withhold any facts, save by dictates of applicable law.
• In responding to enquiries or carrying out Services, Safe Gaming will respect Your privacy and Your lawful confidences and will ensure that its actions and systems are adequately secure to protect privacy and to guard against inadvertent disclosure of private information.
• Safe Gaming’s employees are equally committed to delivering a high quality of service in helpful and friendly a manner. At Safe Gaming, we employ staff with the relevant knowledge, skills and competencies to meet Your needs, with a commitment to perform all professional duties in accordance with the highest moral principles and in a manner which will not bring the industry into disrepute.
• The Company may, from time to time, use third party sources and / or personal to complete an investigation requested by a Client. External third parties are entities or persons not related or affiliated with Safe Gaming, who may provide investigative or allied services on Safe Gaming’s instruction.

8. Information

• Safe Gaming will make every reasonable effort to ensure the accuracy of any information (in any form) supplied to the best of the knowledge, information and belief of Our staff.
• Any information (in any form) supplied to You by Safe Gaming is provided on the understanding that it is for Your sole use and any such information (in any form) shall not be disclosed, transmitted or copied in any way whatsoever, without the written prior permission of Safe Gaming.
• Should any information (in any form) supplied to You by Safe Gaming be subsequently passed to any third party, by any means whatsoever, without Safe Gaming’s prior written permission (as per Clause 8.2 above), Safe Gaming shall not be responsible or liable for any liability, loss, loss of profit, additional expenses or costs and any form of damages whatsoever related to and/or on account of such unauthorised disclosure.

9. Fees

• For the Company’s scale of charges please request a quotation.
• The fees for the Services shall be the price listed in Safe Gaming’s quotation at the date of acceptance of the Client’s request or such other fee as may be agreed in writing by Safe Gaming and the Client in the Contract.
• Where Safe Gaming has quoted a price for the Services this will be valid for 30 (thirty) days only from the date of the quotation or such lesser time as Safe Gaming may specify.
• Estimates stated in a quotation are given on the basis that Your case proceeds reasonably smoothly and without undue complication or delay. However, the estimates may be subject to change in cases of exceptional urgency, complexity or responsibility. Where such circumstances exist, Safe Gaming reserves the right to revise rates by mutual agreement with the Client.
• In all cases, inclusive of fee quotations, VAT and disbursements are charged in addition to the fees set out in any quotation and/or Contract.
• All fees stated in the quotation and/or Contract are payable by You whether or not a case is successfully concluded or completed, unless stipulated otherwise in a prior written agreement with Safe Gaming, as the case may be.

10. Payment

• Safe Gaming shall invoice the Client for the fees on the completion of the Services. The fees are payable by the Client immediately upon receipt of the invoice.
• In most circumstances, Safe Gaming requires Client to pay a retainer fee (deposit) before the Commencement Date, in which case, full payment of the retainer fee will be required prior to Commencement Date of the Services.
• Any disbursements the Company incurs or shall incur on behalf of the Client shall be paid by the Client in advance and in a prompt manner in order to avoid delays on the Client’s case.
• All payments may be made by the Client to Safe Gaming by any of the following methods: Cash, Cheque, Mastercard, Visa, Connect, Delta, Switch and American Express, PayPal, or Bitcoin, or as agreed to in the Contract.

11. Cancellation

• In the event of written cancellation by the Client of any Service:
  • provided more than 72 hours before the Commencement Date, the Client shall be liable to pay 30% of the fee quoted in the quotation and/or Contract, which shall be due immediately;
  • provided within 72 hours from the Commencement Date, the Client shall be liable to pay the full amount of the fee quoted in the quotation and/or Contract, which shall be due immediately.
• In the event of any cancellation by the Client, in addition to Clause 11.1, the Client shall be responsible for all costs incurred by the Company for administration, due diligence and file creation, which shall be due immediately.

12. Liability and Indemnity

• To the extent permitted by the applicable law, Safe Gaming will not by reason of any representation, implied warranty, condition or other term, or any duty at law or under express terms of the Contract (or these Terms and Conditions), be liable for any direct, indirect, incidental, special or consequential damage, costs, expenses or other claims, including but not limited to, damages for loss of profits, business, goodwill, data or otherwise (whether caused by the Company’s servants or agents or otherwise) which arise out of or in connection with the Site, the Contract and/or the supply of the Services.
• All warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded from the Contract.
• The Company shall not be liable to You or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Company’s obligations if the delay or failure was due to any cause beyond the Company’s reasonable control. The Company shall not be liable for any damages caused by the access to the Site or lack of access thereof, including any delays or malfunctioning of the Site. The Company shall not be liable for any damages which may result from issues beyond the Company’s control, events of Force Majeure, or Your malicious actions.
• Nothing in these Terms and Conditions excludes or limits the liability of the Company:
  • for death or personal injury caused by the Company’s negligence;
  • for any matter which would be illegal for the Company to exclude or attempt to exclude its liability; or
  • for fraud or fraudulent misrepresentation.
• The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the contract price.
• You shall indemnify, defend and hold the Company harmless for any damages, claim, demand or other losses, including reasonable attorneys’ fees, proclaimed by any third party arising out of or resulting from Your use of the Service, Site and/or any breach of these Terms and Conditions.

13. Confidentiality

• Each party undertakes that, except as provided by sub-Clause 13.2 or as authorised in writing by the other party, it shall, at all times during the continuance of the Contract and for 6 months after its termination:
• keep confidential all Confidential Information;
• not disclose any Confidential Information to any other person;
• use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions and the Contract; and
• not make any copies of, record in any way or part with possession of any Confidential Information.
• Either party may disclose Confidential Information to:
• any sub-contractor or supplier of that party;
• any governmental or other authority or regulatory body; or
• any employee or officer of that party to such extent only as is necessary for the purposes contemplated by these Terms and Conditions and the Contract, or as required by law, and provided that such persons have signed confidentiality agreements with obligations similar to those contained in these Terms and Conditions.
• Any information which is (i) in the public domain at the time of disclosure or enters the public domain through no fault of the receiving party; (ii) rightfully received by the receiving party from a third party that has an independent right to disclose information; or (iii) is in the receiving party’s possession before receipt from the disclosing party, shall not be considered as “Confidential Information” for the purposes of these Terms and Conditions.

14. Intellectual Property

• The Site and all of its contents are the exclusive property of Safe Gaming and, therefore, any and all Intellectual Property Rights derived from the Site belong to Safe Gaming.
• Each party shall continue to own the Intellectual Property Rights in all documents and services owned by that party prior to the date of the Contract.
• In so far as may be required for the performance of the Service, the Client owning such Intellectual Property Rights shall grant to the Company a royalty free, non-exclusive, non-assignable licence that will terminate on the termination of the Contract.

15. Data Protection

• Any personal data You provide will be subject to Our Data Protection Policy.

16. Force Majeure

• “Force Majeure Event” means any circumstance not within a party’s reasonable control including, without limitation, acts of God, epidemic, pandemic, terrorist attack, civil war, any law or any action taken by a government or public authority, fire, explosion, or interruption or failure of utility service.
• Save for the payment of the fees, if a party is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event (“Affected Party”), the Affected Party shall not be in breach of these Terms and Conditions or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.

17. Disclaimer

• Safe Gaming is not and does not make itself out to be a law firm of any kind. Safe Gaming and its employees are not and will not act as your legal representative or advocate. You understand that the information provided to You does not constitute legal advice or recommendation. No attorney-client relationship will be created between You and Safe Gaming.

18. Assignment

• The Contract is personal to the Client and the Client shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.
• The Company may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under the Contract.

19. Waiver

• A failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.

20. Severance

• If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Terms and Conditions.

21. Amendment

• We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms and Conditions at any time without notice, and it is Your responsibility to review these Terms and Conditions for any changes.

22. Law and Jurisdiction

• These Terms and Conditions and the Contract shall be governed by, and construed in accordance with, the laws of England and Wales.
• Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or to the Contract shall fall within the jurisdiction of the courts of England and Wales.

23. Language Versions

• In the event of there being a discrepancy between the English language version of this policy and any other language version, the English language version will prevail.