These Terms & Conditions describe the terms and conditions under which Fastplay makes available the Service (as hereinafter defined) to subscribers. Fastplay Malta Limited is a company registered in Malta, holding Company registration number C89138 with registered address at Ewropa Business Centre, Level 3 - 701, Dun Karm Street, Birkirkara, Malta (“Fastplay”).
Fastplay offers a service consisting of the receipt and retention, in an encrypted format, of information and documentation (the “Data”) submitted by subscribers (“You”) for transmission, including also ancillary services that it may agree to provide to You (together referred to as the “Service” or “Services”) and to gaming operators, payment operators, affiliates and authorities that have adopted Fastplay as a method for registration or other access (the “Merchants”) to satisfy their legal obligations revolving around customer due diligence, access and other regulatory requirements in terms of pertinent European Union (“EU”) rules and regulations and the laws of other jurisdictions whether for regulatory or other reasons.
By using the Service, You expressly acknowledge and agree to be bound by these Terms & Conditions which form part of the contract between You and Fastplay, governing the use of the Service.
Protecting Your privacy is a priority for Fastplay. You are therefore invited to review the Fastplay Privacy Policy in order to better understand our commitment to safeguarding privacy, as well as the terms that govern our use and disclosure of Your personal data. By accepting these terms and conditions You hereby agree and consent to Fastplay disclosing to Merchants Your name, e-mail address, identity documents, source of wealth, residential address, date of birth, place of birth and Other Data (as hereinafter defined) for onward transmission to the Merchant. Your instructions to transmit such information to the Merchant are considered to be unambiguous and explicit consent for Your personal and Other Data (as hereinafter defined) to be shared with the Merchant and for Fastplay to retain such data in an encrypted format for future access by Yourself and for transfer to other Merchants.
For the avoidance of doubt, it is hereby acknowledged by Yourself that the access to such personal data by Fastplay with Your consent will not be considered to be a breach of data protection obligations. The personal data You submit for storage and transmission will be encrypted for the entire period of storage. Fastplay will retain unencrypted access to Your email address and this information will be used solely for the purpose of contacting You personally in the course of the provision of the Services and to facilitate such provision of Services. The email address will also be used for identification purposes and to forward to You Fastplay marketing material and offers that the Merchants might want to share with You as a subscriber, provided that You have given consent to the receipt of such material and offers. In order to provide You with a smooth and seamless experience, data relating to usage, settings, history, age of account, statistics, limits, flags, reports, duplicate percentage and preferences of Your Fastplay account (“Other Data”) will be stored unencrypted.
A.Your Fastplay Account
1.Assignment
Your Fastplay account is personal and for Your exclusive use. Its purpose is to allow You to log in to the Merchants’ external websites. You may not transfer or assign any rights or obligations You have under these Terms & Conditions without Fastplay’s prior written consent. You are not permitted to transfer Your Fastplay account to a third party and furthermore You may not allow a third party to use Your Fastplay account. Fastplay reserves the right to transfer or assign these Terms & Conditions or any right or obligation under the Terms & Conditions at any time without Your consent. This does not affect Your rights to close Your Fastplay account under section D .
2.Communicating with You
These Terms & Conditions are displayed and concluded in English only. We will communicate with You in English only. Should Fastplay publish any translations of these Terms & Conditions, the English version shall prevail.
a.Notices to You
You agree that Fastplay may provide notices or other information to You by posting them on the Fastplay website(s) (including the posting of information which is only accessed by You by logging into Your Fastplay account), or through emails sent to the email address provided upon setting up Your Fastplay account or as amended thereafter. You must have internet access and an e-mail account to receive communications and information relating to the Services. With the exception of amendments to the Terms & Conditions, any notice from Fastplay shall be considered to be received by You within 24 hours of the time it is posted to the Fastplay website(s) or emailed to You. You may request a copy of any legally required disclosures (including this agreement) from us and we will provide this to You in a form which allows You to store and reproduce the information (for example, by e-mail) and You may terminate Your consent to receive required disclosures through electronic communications by contacting Fastplay as described in section 3 below. Fastplay may charge You a Records Request Fee (per Schedule 1) to provide a paper copy and reserves the right to close Your Fastplay account (pursuant to section D ) if You withdraw Your consent to receive any electronic communications.
b.Notices to Fastplay
Notices to Fastplay made in connection with these Terms & Conditions must be sent by postal mail to Fastplay’s head office: Fastplay Malta Limited, Ewropa Business Centre, Level 3 - 701, Dun Karm Street, Birkirkara, Malta or sent to notices@fastplay.com .
3.Amendments to the Terms & Conditions
We may at any time amend, delete or add to the Terms & Conditions, including the fees which apply to Your Fastplay account (as set out in Schedule 1) (a “Change”) by giving notice of such Change by posting a revised version of the Terms & Conditions on the Fastplay website(s). A Change will be made unilaterally by us and You will be deemed to have accepted the Change after You have received notice of it. We will give You two months' notice of any Change with the Change taking effect once the two month notice period has passed, except that the two-month notice period will not apply where a Change is required by law or relates to the addition of a new service, extra functionality to the existing Service or any other change which neither reduces Your rights nor increases Your responsibilities. In such instances, the Change will be made without prior notice to You and shall be effective immediately.
If You do not accept any Change, You must close Your Fastplay account following the account closure procedure set out in section D (Term and closing of a Fastplay Account). If You do not object to a Change by closing Your Fastplay account within the two-month notice period, You will be deemed to have accepted it. While You may close Your Fastplay account at any time and without charge, please note that You may still be bound by these Terms & Conditions and may be held liable for any liabilities You may have incurred even after the Services have been terminated. Careful attention should be given to the rights that may be exercised under section D .
4.Eligibility
To be eligible for the Fastplay Services, You must be a natural person, having full legal capacity to enter into a contract and be at least 18 years old. You further represent and warrant to us in opening a Fastplay account that You are not acting on behalf of, or for the benefit of, any other legal or natural person. Fastplay reserves the right to accept or refuse Your subscription, to the extent permissible by applicable law.
B.Fees
You will not be charged any fees for the Service. Nevertheless, Fastplay reserves the right to introduce fees or charges provided that due notice of at least three months is given to You after which new Terms & Conditions will be entered into.
C.Reduced Access of Account
Before closing Your Fastplay Account as described in section D below, we may, at our discretion, reduce Your access to Your account where we suspect any breaches of these Terms & Conditions.
D.Closing of a Fastplay Account
Without prejudice to clause 4 under section A, the contents of the Terms & Conditions become applicable in Your regard from the moment when You successfully register for a Fastplay account and end upon closure of the Fastplay account for any reason. The Terms & Conditions also survive termination to the extent and for so long as we require to deal with the closure of Your Fastplay account and to comply with applicable laws and regulations.
You can close Your Fastplay account at any time by logging into Your Fastplay account through the respective function within the Fastplay portal after logging in to Your account, and then following the instructions.
We may close Your Fastplay account at our discretion by providing You with two months’ prior notice. We may, at our discretion, also close Your Fastplay account immediately and without any prior notice where:
•You are in breach of the Terms & Conditions;
•You do not access Your Fastplay account for a period of 18 months; or
•we suspect that Your Fastplay account has been accessed without Your authorisation.
Where we decide to close Your Fastplay account we will provide You with notice of Fastplay account closure and, where practicable, the reasons for closing Your Fastplay account.
When Your Fastplay account is closed:
•we may suspend, limit or terminate Your access to or use of our Services, websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or some or all of the Services;
•You will remain liable for all outstanding obligations under the Terms & Conditions related to Your Fastplay account prior to closure; and
•we may keep Your Fastplay account information in our database if this is required for the purpose of fulfilling our legal obligations.
E.Restricted Activities
In connection with Your use of our website, Your Fastplay account, or the Services, or in the course of Your interactions with Fastplay, You hereby bind Yourself not to:
a.Breach these Terms & Conditions;
b.Create more than one Fastplay account;
c.Breach any law, statute or contract through the access of the website, the use of Services or through Your relationship with Fastplay;
d.Act in a manner that is obscene, defamatory, libellous, unlawfully threatening or unlawfully harassing;
e.Provide false, inaccurate or misleading Information;
f.Fail to provide us with further information about You that we may reasonably request;
g.Refuse to cooperate in an investigation or provide confirmation of Your identity or any Information You provide to us;
h.Use an anonymising proxy, whether electronically, physically or otherwise;
i.Control a Fastplay account that is linked to another Fastplay account that has engaged in any of these Restricted Activities (a Fastplay account is deemed to be “linked” to another Fastplay account for the purpose of this section where Fastplay has reason to believe that both Fastplay accounts are controlled by the same legal person, which is even more likely when both Fastplay accounts share certain attributes, including, without limitation, the same recorded, email address, and/or recorded ID used to receive services from Fastplay’s partners);
j.Access the Services from a country that Fastplay may from time to time choose not to service as provided in Fastplay’s new registration page. It is Your responsibility to ensure the legality of the services provided by the Merchants and Your use of them;
k.Take any action that imposes an unreasonable or disproportionately large load on the Services, our infrastructure, our websites, our software or our systems (including any networks and servers used to provide any of the Services) whether operated by us or on our behalf;
l.Facilitate any viruses, Trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorised access to any system, data or Information or the Services;
m.Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
n.Use any device, software or routine to bypass our robot exclusion headers , or interfere or disrupt or attempt to interfere with or disrupt our infrastructure, our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any of the Services or other Users’ use of any of the Services;
o.Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the Fastplay website(s) without our or any applicable third party’s written consent;
p.Take any action that may cause us to lose any of the services from our internet service providers, or other suppliers or service providers;
q.Reveal Your Fastplay account password, master key or QR code (“Access Keys”) to anyone else, nor may You use anyone else's Access Keys. We are not responsible for losses incurred by You including, without limitation, the use of Your Fastplay account by any person other than You, arising as the result of misuse of Access Keys, loss of data or loss of Access Keys that may occur;
r.Do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of the Service or activities carried out as part of the Services or otherwise than in accordance with the Terms & Conditions. You agree that the suspected creation or use of duplicate accounts may be signalled by Fastplay to one or more Merchants.
You agree that engaging in the above Restricted Activities diminishes Your or other Fastplay customers’ safe access and/or use of Your Fastplay account or the Service generally. The strict prohibition to carry out any of the above activities will therefore be taken very seriously and any breach thereof will be treated as a breach of contract, with any action permitted by law being taken if considered appropriate in the circumstances.
F.Your Liability
1.Actions by Fastplay
If we have reason to believe that You have engaged in any Restricted Activities, we may take various actions to protect Fastplay, a third party, or You from the imposition of fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
We may contact third parties and disclose details of the Restricted Activities in the manner set out in our Privacy Policy;
We may request information from You or otherwise update inaccurate Information that You provided us;
We may refuse to provide our Services to You in the future;
We may take legal action and apply for precautionary warrants against You;
We may suspend, limit or terminate Your access to our Services, websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, and, to the extent and for so long as permitted by applicable law.
Unless otherwise directed by us, where Your account has been limited or suspended, You must not use or attempt to use Your Fastplay account to make use of our Services. You remain liable under the Terms & Conditions in respect of any use of Your Fastplay account at any time, irrespective of termination, suspension or closure.
2.Limited Access
If we suspect that Your Fastplay account has been accessed without Your authorisation, we may suspend or limit Your access to Your Fastplay account or the Services. If we limit access to Your Fastplay account, we may subsequently provide You with notice and opportunity to request restoration of access at our discretion if considered appropriate.
3.Information about You
Fastplay reserves the right to request additional information from You, other than what is referred to in the Terms & Conditions, to allow it to comply with its obligations or to comply with any lawful order by a law enforcement body, judicial or regulatory authority. You agree to comply with any request for further information as we reasonably require enabling us to comply with our obligations. This may include, without limitation, requiring You to email or otherwise provide to us certain identification documents. You also agree to provide us, upon our reasonable request and at Your own expense, information about Your source of wealth and source of funds, including, without limitation, Your most recent payslips and financial statements.
4.Disclosure of reasons for our actions
Our decisions to take the actions set out in this section and any other actions we take under the Terms & Conditions, whether they restrict or extend Your access to the Service, our infrastructure, our websites, our software or our systems (including any networks and servers used to provide any of the Services), whether operated by us or on our behalf, may be based on confidential criteria that are essential to our management of risk and the protection of Fastplay, our subscribers and/or service providers. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to You about such decisions. We have no obligation to disclose the details of our risk management or security procedures or our confidential information to You.
G.Disputes with Fastplay or Merchants’ websites using Fastplay Login Method
Contact Fastplay First
If a dispute arises between You and Fastplay, our goal is to learn about and address Your concerns. If we are unable to address the matter to Your satisfaction, we will provide You with a neutral and cost-effective means of resolving the dispute quickly. Disputes between You and Fastplay regarding our Services may be reported to support@fastplay.com .
Any dispute between You and the Merchant shall be dealt with directly with the Merchant. The fact that the Fastplay account is used to log onto the platform of a Merchant and to have access to the Merchant’s services cannot be interpreted as imposing any responsibility or liability on Fastplay.
H.Confidential Information and Privacy
Fastplay and the Merchants’ websites will each respectively be a controller in respect of the processing of Your Personal Data. Fastplay agrees to comply with the requirements of the Data Protection Laws (the Data Protection Act, Chapter 586 of the Laws of Malta together with the General Data Protection Regulation (Regulation 2016/679) (“GDPR”)). For the avoidance of doubt, Fastplay and the Merchant each have their own, independently determined privacy policies, notices and procedures for the Personal Data they hold and are each a Data Controller (not joint Data Controllers). It is in Your interest to ensure that You agree with the terms of both the Privacy Policy of Fastplay and that of the Merchant. Fastplay cannot be held responsible for any breach of the GDPR by the Merchants You engage with through Your Fastplay account. You are therefore encouraged to give due attention to their Privacy Policy and Cookie Policy before accessing their services. Further information on how Fastplay deals with Your Personal Data and definitions relating thereto, may be found in our Privacy Policy.
I.General
1.Governing Law and Jurisdiction
The Terms & Conditions and the relationship between us shall be governed by the laws of Malta. For complaints that cannot be resolved without resorting to judicial process, You submit to the jurisdiction of the courts of Malta arising out of or relating to the Terms & Conditions or the provision of our Services.
No Waiver
Our failure to act with respect to a breach by You or others and our decision to continue to provide Services does not waive our right to act with respect to subsequent or similar breaches.
2.Limitation of Liability
We shall only be liable to You for loss or damage caused directly by our breach of the Terms & Conditions and our liability in these circumstances is limited as set out in the remainder of this section.
a.In no event shall we, the other companies in our corporate group, persons who act on our behalf, and/or the persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to the Terms & Conditions (whether in contract, tort, including, without limitation, negligence) or otherwise:
1.any loss of profits, revenue or anticipated winnings even if we are advised of the possibility of such damages, loss of profits, revenue or anticipated winnings; or
2.any loss or corruption of data; or
3.any loss of Access Keys and the resultant inaccessibility of data; or
4.any loss or damage whatsoever which does not stem directly from our breach of this Agreement; or.
5.any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of the Terms & Conditions (whether or not You are able to prove such loss or damage).
b.In no event shall we be held responsible for any action or inaction of the Merchant that causes You any damage whatsoever and we will not accept any liability for actions of any third parties who are not under our control.
c.Nothing in the Terms & Conditions shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, for death or personal injury resulting from negligence or to the extent such limitation or exclusion is not permitted by applicable law.
3.No Warranty
We provide to You the Services, our infrastructure, our websites, our software, and systems (including any networks and servers used to provide any of the Fastplay services) whether operated by us or on our behalf subject to Your statutory rights but otherwise without any warranty or condition, express or implied, except as specifically stated in the Terms & Conditions.
While Fastplay strives to provide continuous, uninterrupted and secure access to any part of our Services, our infrastructure, our websites, our software, and systems (including any networks and servers used to provide any of the Fastplay services) whether operated by us or on our behalf, and furthermore provide continued access to registration or log-in on the Merchants’ websites, we cannot guarantee that by using our Services You will not experience any technical problems. We shall not be liable for any delay in the failure in our provision of the Services, our infrastructure, our websites, our software, and systems (including any networks and servers used to provide any of the Fastplay services) whether operated by us or on our behalf.
You acknowledge that Your access to the Services, our infrastructure, our websites, our software, and systems (including any networks and servers used to provide any of the Fastplay services) whether operated by us or on our behalf, may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We make every effort to ensure that the information contained in our correspondence, reports, on the website(s) and given verbally by our directors, officers and staff is accurate to the best of our belief at the time the information is provided. However, we cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by You. You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to You to be wrong or not made in accordance with Your instructions.
In the event that Fastplay decides to discontinue any of the Fastplay services or any portion or feature of the Fastplay services for any reason, Fastplay will give You at least two months’ prior notice before discontinuing the service or feature. Fastplay reserves the right to determine at any stage that: (1) such service or feature must be discontinued sooner in the interest of its subscribers, merchants and our own interests or in order to comply with any law or in view of a third-party relationship; or (2) discontinuing the Service could create a security risk or substantial economic or material technical burden.
You alone are responsible for understanding and complying with any and all laws, rules and regulations of Your specific jurisdiction that may be applicable to You in connection with Your use of the Services, including but not limited to, those related to prohibited transactions, export or import activity, taxes or foreign currency transactions.
4.Indemnification/re-imbursement
You agree to defend, reimburse or compensate us (known in legal terms to “indemnify”) and hold Fastplay, our other companies in our corporate group, the people who work for us or who are authorised to act on our behalf (including, without limitation, our service providers) harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of Your actions and/or inactions, breach of the Terms & Conditions, breach of any law, breach of the rights of a third party, use of Your Fastplay account and/or use of the Services, our infrastructure, our websites, our software and our systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf.
5.Complete Terms & Conditions
These Terms & Conditions (including Schedule 1) set forth the entire understanding between You and Fastplay with respect to the Service. If any provision of the Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
6.Intellectual Property – Content Licence Grant.
Logo and Service identifiers: The URLs representing the Fastplay website(s), “Fastplay” and all related logos of our products and services described in our website(s) are either copyrighted by Fastplay and are trademarks or registered trademarks of Fastplay or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by Fastplay, service marks, trademarks, and/or trade dress of Fastplay. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. All rights, title and interest in and to the Fastplay website and any content thereon is the exclusive property of Fastplay and its licensors.
7.Third Party Permissions.
a.Permissions in general
You may expressly grant, remove and manage permissions for some third parties to take certain actions on Your behalf. In some cases, You can do this by logging into Your Fastplay account. In other cases, You can do this directly with the third party. You acknowledge that if You grant permission for a third party to take actions on Your behalf, Fastplay may disclose certain information about Your Fastplay account to this third party.
b.Your liability regarding any permissions You grant
Granting permission to any third party in any way does not relieve You of any of Your responsibilities under the Terms & Conditions. You acknowledge and agree that You will not hold Fastplay responsible for, and will indemnify Fastplay from, any liability arising from the actions or inactions of this third party in connection with the permissions You granted.
c.Fastplay as Login Method.
If You use Fastplay as a means of logging into external Merchants’ websites or mobile apps, You accept that we may share information relating to Your login session with any third party offering this Service as a login method, as well as Your Personal and Other Data so that the third party can recognise You. Fastplay will not give such third-party access to Your Fastplay account and will only transfer Your Personal Data with Your specific authorisation.
d.Flagging to Merchants
You acknowledge that by subscribing to Fastplay services You are subject to being flagged by Merchants and Fastplay for any inappropriate behaviour or suspicious activity to avoid underage gambling, fraud, money laundering, terrorist financing, match fixing or other illicit activities or possible pathological problems such as gambling addiction.
e.Updating of information
You will be afforded the possibility of updating the data stored in Your Fastplay account at any time after Your subscription. Failure to update information and to upload updated documentation may be signalled by Fastplay to Merchants who are relying on this information for the purposes of customer due diligence or KYC. You may not prevent us from notifying Merchants as this notification service is considered to be a core part of our Services.
f.Self-exclusion
We shall not be responsible for any failure by the Merchant to take appropriate cognisance of a self-exclude notification You might channel through Your Fastplay account to the Merchant or for any failure whatsoever of such self-exclusion to be notified to the Merchant or Merchants for any reason.
g.Limits
We shall only notify You about Your limits. Adherence to such is the responsibility of the Merchant. Accuracy of such functionality is dependent on Fastplay receiving timely amounts on data from Merchants that You use.
h.Data Transmission
In the same way that we cannot guarantee that the information or documents provided to Merchants is accurate and up to date, no guarantee can be provided to You that information intended to be transmitted to the Merchant is so transmitted in due time to be able to receive the services of the Merchant and no liability can be incurred for any delays in the dispatch of such data or documents.
Schedule 1 - Table of Fees A cost to be determined by Fastplay. Until such determination there will be no charge.