Terms Of Use

This website, having as its primary domain name www.palasinomalta.ltd (and all sub-domains thereof), (“the Website”), is owned and operated by Palasino Malta Limited, of  170, Pater House, Level 1 (Suite A285), Psaila Street, Birkirkara 9077, Malta, (hereinafter the “Operator”).

Any requests addressed exclusively to the Operator may be sent in the following manner:

This legal document applies to You and to all persons who use this Website (including certain services (“the Services”) available on or via the Website but specifically excluding any remote gaming offering of any kind which is governed by other separate terms and conditions. For the avoidance of any doubt, unless otherwise stated, reference in these Terms and Conditions to the term “Website“ means and includes reference to the Services. Only use the Website if you wish to be legally bound by the terms and conditions contained herein and by all other policies, guidelines and rules posted from time to time on the Website and incorporated herein by reference.

These General Terms and Conditions are binding and enforceable upon You and any person who accesses or otherwise makes use of the Website, its content and/or Services and makes use of the order facilities provided on the Website.

The Operator may, after providing prior notice to You, make changes and update these Terms and Conditions at any time, particularly, but not only, when new content or Services are offered on the Website or if new features augment or enhance the Website and any of the Services or part thereof. Please check the Terms and Conditions posted periodically as your continued use of the Website and Services will mean that you accept these changes and updates.

The Operator provides a portal containing information and updates relating to the products and services of the Operator in general, collectively referred to as “the Services”. Any offerings relating to remote gaming do not form part of “service” as defined and are governed by separate and specific terms and conditions.

“As Is”

You understand and agree that the Website and all Services are provided “as is” without any express or implied conditions, warranties or other terms of any kind.

To the maximum extent permitted by law, the Operator provides You with this Website and all Services on the basis that the Operator excludes all representations, warranties, conditions and other terms which, but for this legal notice, might have effect in relation to this Website and Services contained therein.

Correct Information

While the Operator endeavours to ensure that all information on the Website is correct, the Operator does not warrant the accuracy and completeness of the material on the Website, or its fitness for any purpose.

The Operator may effect changes to the material on this Website, at any time without notice. The material on this Website may be out of date, and the Operator makes no commitment to update such material. The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind.

You acknowledge that the Operator may, also as a convenience to You, provide links to third-party websites, and in addition, the Website and Services may provide, or third-parties including end-users may provide, links to other third-party websites, services, content or resources accessible online and over which the Operator (and the Website and Services) has no control. You therefore agree that the Operator is not responsible for the availability of such external websites, services, content or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. The linked sites are not under the Operator’s control, and therefore the Operator makes no representations as to the quality, suitability, functionality or legality of any sites to which links are provided. You hereby waive any claim you might have against the Operator with respect to such sites. You further agree that the Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such websites, services, content, goods or resources available and therefore you access, use and rely on such content solely and exclusively at your own risk.

Any material downloaded or otherwise obtained through the use of the Website and/or Services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Furthermore, your correspondence or business dealings with, or participation in promotions of, any third-parties including advertisers, sponsors, agents, white-labels or intermediaries including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party but excludes the Operator. Therefore You explicitly agree that the Operator (including the Website and Services) shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

Communications

The Operator and/or third-parties may, from time to time, send e-mail messages to you containing advertisements, promotions, and the like. The Operator makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither the Operator nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from the Operator such as newsletters, content, messages, and announcements, and that these communications are considered part of your access to the Website and Services and that you may not be able to opt out of receiving such communications in every instance if you wish to continue benefitting from the Website Services of the Operator.

You acknowledge and agree that the Operator’s Services and any necessary content used in connection with the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property rights and limitations (including inter alia rights and limitations relating to copyright, trade-marks, service-rights, design-rights, patents, service-marks, database rights and rights in preparatory works amongst others) and other laws, whether belonging to the Operator or to third-parties and which may be registered or registerable. All designs, text, graphics and multimedia content available from the Website and pages within that domain and any sub-domain/s, and all related code (including but not limited to HTML, other mark-up languages, and all scripts be it in source code or object code) within this Website, are the property of the Operator.

To the knowledge of the Operator, all material on the Website and Services, including but not limited to images, illustrations, audio clips and video clips, is protected by copyright that is owned or controlled by the Operator or by other parties that have licensed their material to the Operator or are posted to the Website pursuant to a user agreement with the Operator regulating intellectual property. Use of such intellectual property is subject to the terms of any licence governing such use, and any other use beyond that permitted in the licence, or under these Terms shall be an infringement of these terms. Where it is not clear whether a licence exists or what the licence terms are, You are obliged to contact the Operator to obtain prior written authorisation to use such intellectual property subject to the terms and conditions in the Operator’s discretion, provided that the Operator reserves the right to refuse, suspend or terminate any such licence or authorisation. Any other use is subject to the obtaining of written prior consent from the rightful owner of the intellectual property. Any licence provided hereunder or pursuant to such Terms is non-exclusive and limited within the territory as may be indicated.

The licence is non-transferable and any assignment thereof without the Operator’s consent shall be null and void ab initio. Except as may be permitted in writing, the trading, publication of the licence or of the intellectual property is forbidden and is an infringement of these Terms. Copying of such content, services or products, or of the intellectual property, is forbidden.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without express written consent. You may not use any meta tags or any other “hidden text” utilising the Operator’s or its affiliates’ names or trademarks without the express written consent of the Operator. Any unauthorised use terminates any permissions or licenses granted by the Operator.

Any unauthorised use of the Operator’s intellectual property, whether in the Website or otherwise, or part thereof shall, without prejudice to the Operator’s rights and remedies at law and contract, subject that person who makes such unauthorised use (or attempts, prepares or colludes to make such unauthorised use) to liability for damages pursuant to which a sum equal to the charges which the Operator could have levied had the Operator authorised a licence to use such intellectual property together with commercial late payment interest provided at the highest rate permitted by law. The Operator shall, without prejudice to any other rights it has, be entitled to terminate, suspend or withdraw any services it offers via the Website or Services with immediate effect and without prior notice. The Operator further reserves all rights at law.

Trade Marks

The Website domain name, the Operator’s name and logo and service names are property of the Operator and comprise trade-names, trade-marks and/or intellectual property of the Operator, whether registered or registerable. You shall not copy, adapt, display or otherwise use the said names, logos or marks except with the prior written consent of the Operator, failing which you may be, in the discretion of the Operator, subject to the payment of retroactive licence fees at market rates without prejudice to such other injunctive relief or rights at law available to the Operator.

Exclusions

Except as specifically stated herein, these Terms and Conditions do not, and are not, intended to create any ownership or intellectual property rights transfer or assignment and any rights in such intellectual property is reserved towards the Operator.

Obligation to Inform

You are obliged to notify the Operator immediately if You become aware of:

1. any unauthorised use or copying of any intellectual property, content, service or product (or part thereof), or
2. any unauthorised access to the Website or any service, or
3. any unauthorised disclosure of intellectual property, or
4. any attempt to commit either of the above.

You are aware that as a result of the global nature of the Internet and World Wide Web the Website and Services are available online and may generally be accessible from anywhere in the world at any time. Access to the Website and/or Services thereon may not be legal by certain persons or in certain jurisdictions. Access to and use of the Website and the Services are at your own risk and You are responsible for compliance with the laws of your jurisdiction and any jurisdiction in respect of which you use the Website and/or Services. You agree to comply with all local rules regarding online conduct and acceptable content.

The Operator (which for purposes of this Clause includes any of the Operator’s group companies and shareholders, directors, officers, employees, or agents of any of them) and any third-party or entity that may have an affiliation or involvement in the Operator, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, incidental, special or consequential loss or damages including exemplary damages, including any loss of business, income, profits, goodwill, use, data, contracts, or loss or damages including intangible losses (even if the Operator has been advised of same) arising from, or connected in any way to business interruption, Your inability to use the Website and/or Services, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Website or Services, unauthorised access to the Website or Services or alteration of your transmission or data, statements or conduct of any third-party or any other matter relating to the Services, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website or Services in any way or in connection with the use, inability to use or the results of use of this Website or Services, any websites linked to this Website or the material, content or services on such websites, including but not limited to loss or damage due to bugs, viruses or similar technologies that may infect computer hardware, software, data or other property or by the downloading of any material from this Website or any websites linked to this Website.

Nothing in these Conditions shall however exclude or limit the Operator’s liability for (a) death or personal injury caused by the Operator’s negligence (b) fraud; or (c) any liability which cannot be excluded or limited under applicable law.

You shall assume all liability and costs for the use of this Website or Services or any material thereon that results in the need for servicing, repair or correction of equipment, software or data.

You specifically are aware and agree that the Operator uses “Cloud Services” for the storage and back-ups of data including all data submitted by You which services may be provided and located in foreign jurisdictions. Said cloud services are delivered by third-parties in relation to which the Operator has no control over their business, premises and/or hardware and software and therefore you accept such use of “cloud services” at your own risk and the Operator shall accept no liability or responsibility also in this respect taking into account the limited warranties provided by cloud service-providers.

The Operator reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) with or without notice. You agree that the Operator shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website Services.

You agree to defend, indemnify and hold the Operator, its assignees and successors and each of its respective officers, representatives, directors, employees, agents, licensors and suppliers, harmless from and against any damages, losses, disputes, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website or the Services in a manner that violates or is alleged to violate these Terms and Conditions or is otherwise illicit, unlawful or unauthorised.

The Operator shall provide reasonable notice to you of any such claim, suit, or proceeding, and may at its discretion reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.

You hereby expressly understand and agree that your use of the Website and/or Services is at your sole risk on an “as is” and “as available” basis with any faults and failings and without any representation, warranty or guarantee express or implied including without limitation any implied warranty of completeness, quality, merchantability, fitness for a particular purpose or non-infringement. Except as may be explicitly stated in these Terms and Conditions the Operator expressly disclaims all warranties of any kind whether express or implied. Therefore, whilst the Operator endeavours to ensure that the Website and Services perform in accordance with its intended use, the Operator makes no warranty that:

1. the Website and/or Services will meet your requirements or are fit for any particular purpose,
2. the Website and/or Services will be uninterrupted, timely, secure, or error free,
3. any results obtained from the use of the Services are fit for a particular purpose or are accurate or reliable, and/or
4. any errors in the Website and/or Services and any content thereon will be corrected.

No advice or information, whether oral or written, obtained by You from the Operator or through or from the Website and/or Services shall create any warranty not expressly stated herein.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations in the Clause entitled “Legal Use & General Limit of Liability” and/or “Disclaimer of Warranties” may not apply to you. You agree however that such exclusions and limitations are reasonable, in particular, in light of the nature of the information technology communications industry which relies on third-party providers, including power and energy providers for which the Operator cannot be and is not responsible. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, the Operator’s aggregate total liability towards You for all such damages and losses shall be limited to amounts, if any, paid during the three months preceding the event giving rise to liability to the Operator by the person suffering loss. In any event, the Operator shall not be held liable for any breach of these Terms and conditions or for any loss, damages or claims resulting from any force majeure or event beyond its reasonable control.

These Terms and Conditions are governed by and shall be construed in accordance with the laws of Malta. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

The Operator seeks to resolve all disputes by amicable discussion and therefore in the event of any complaint, problem or concern you are cordially invited to raise the matter with the Operator who may consider the problem and if necessary may appoint an independent mediator to assist the parties in arriving at an amicable solution. Otherwise You expressly agree that the exclusive jurisdiction for any dispute with the Operator, or in any way relating to your use of the Website and/or Services, resides in the courts of Malta and you further agree and expressly consent to the exercise of personal jurisdiction in the competent Maltese courts or tribunals in connection with any such dispute including any claim involving the Operator or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.