General Terms and Conditions
1. Our terms are designed to provide users of gambleboost.com (“Website”) our members and visitors with a guideline as to how all aspects of our services are accessed and how you can and should interact with our services and Website. These range from user terms to participation terms for the GambleBoost Loyalty Program (the “Program”). The Program benefits are issued and administered by Max Gain Media Limited (“Max Gain”, “we”, “us” and “our”).
2. By enrolling in the Program, you agree to comply with these Terms.
3. Participation in the Program is subject to our Terms and Conditions and Privacy Notice.
4. Agreement with these terms and conditions is also agreement to our Privacy Notice.
Website User Terms and Conditions
5. Users, including both visitors and members to the Website, are permitted to access and use our services and intellectual property rights available on the Website for the purpose for which it is intended, subject always that our services may only be used for personal, private and non-commercial use.
6. It is possible to visit the Website as just a visitor without the need of registration. However, as a visitor, you will not be able to participate in the Program. As a visitor you can just read and view the information on the Website posted by us or by our members.
7. You must not in any way commercially exploit or sell any content appearing on the Website (excepting any content posted by you and in which you retain intellectual property rights).
8. As indicated above users may access content on the Website solely for their own personal, private and non-commercial use. However, there are parts of our services that are only accessible to our registered members. To register and make full use of our service, follow the registration terms to the Membership to the GambleBoost Loyalty Program outlined below.
9. As a user of the Website you accept that we provide you with advertising and other information, including through our third party affiliates.
10. You may not download or print any content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the content on the Website.
11. You may not reproduce, republish, modify, archive, distribute, store, archive or commercially exploit the content of the Website without our prior written consent.
12. You may not modify or adapt or create derivative works of the content of the Website.
13. You may not copy or extract data from the Website by means of any automatic means or by any manual process that may be used to systematically extract or copy web content.
14. We can limit the access to our own services, Website and/or the Program, where required, for security reasons, the maintenance of network integrity, especially to avoid severe disturbances of the network, the software or the saved data.
15. Our content, trademarks, copyright, patents, logos, domain names and other related intellectual property rights or other features of our brand belong to us or to our licensors.
16. Your use of the Website and services does not grant you any rights in our and/or our licensors intellectual property whether for commercial or non-commercial use.
17. All rights are hereby clearly being reserved by us.
18. Unless you have our prior written consent, you may not sell, publish, distribute or retransmit any content of the Website, or provide access to any of the content received through registration on the Website.
Membership to the GambleBoost Loyalty Program
19. We offer one type of membership: the GambleBoost Loyalty Program.
20. The benefits of the GambleBoost Loyalty Program membership are described below.
21. You may become a member at any time by creating a GambleBoost account on the Website by clicking the Register Now link on the top right side of the Website. You would need to perform the following:
- Create a username
- Provide your email address
- Create a password
- Confirm the password
- Select your country of residence.
22. On the registration page to becoming a member of the Program you will need to indicate your acceptance to be bound by these terms and conditions by checking the relative box. If you do not agree to be bound by these terms and conditions, you should not check the box however you will not be able to proceed with the registration process for the subscription and become a GambleBoost Loyalty Program member.
23. When registering for the subscription, you must not use a false name or email, you must not provide false information, and you may not impersonate another person. If you access any of our services using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to a service by providing them your password, they will have the ability to view information about your account and make changes to such account, through the website.
24. The member is bound to keep the data correct and complete during the whole duration of membership by updating us accordingly in a timely manner.
25. All subscriptions are subject to acceptance by us.
GambleBoost Loyalty Program
28. Program members receive BoostCoins for writing reviews, rating articles, posting comments and submitting news updates on the Website (“Activity”) gambleboost.com.
29. You hereby confirm to us that, with respect to any of your Activity on the Website, you own, or have the consent of the owner, to submit, post or upload such content and that such content does not violate any intellectual property rights or any other rights whatsoever of any person. Whilst we do not claim any ownership rights in the content generated by you and consequently you retain all ownership rights to such content, upon submission, posting or uploading of any content on or in connection with our services you grant us a non-exclusive, transferable, sub-licensable, perpetual, royalty free worldwide licence to use any such content. Any submissions, posts or uploaded content are to conform with applicable terms and conditions, as updated by us from time to time.
30. You hereby grant us the right to modify and to edit uploaded text, images and videos, or any other content, and unreservedly allow us to publish such modified and edit content on the Website with no restrictions whatsoever.
31. You undertake and agree not to publish content or deliver messages as part of the Activity, which are, or have settings which:
- are offensive, pornographic, or racist
- are unobjective or deliberately false
- infringe the rights of third parties, especially intellectual property infringements or personal rights
- violate applicable laws or which constitute a criminal offence
- contain viruses or other software which damage software and hardware or which may affect the use of computers or mobile devices
- are surveys or disguised advertising, or
- serve the purpose of collecting and/or using personal data of the Website visitors or members, for commercial purposes.
32. In the event of any of the immediately above listed breaches we reserve the right to change or delete the content posted by you and/or block or deactivate your account.
33. The current schedule of how many BoostCoins are awarded for which Activities can be found by members on the Website.
34. BoostCoins are rewarded to a member who submits a qualified Activity. BoostCoins are rewarded within three (3) to five (5) working days after the Activity has been approved by us.
35. BoostCoins may be used as a form of payment for the purchase of GambleBoost merchandise and vouchers (subject to availability) (“Purchase”).
36. Access to our exclusive GambleBoost Loyalty Program shopping events.
37. From time to time, Max Gain may run special promotions which permit you to earn additional BoostCoins.
38. You may check your available BoostCoins balance at any time by accessing your account by clicking the Login link on the top right side of the Website, then viewing BoostCoins Balance.
39. You may check your Redeemed BoostCoins at any time by accessing your account by clicking the Login link on the top right side of the Website, then viewing Redeemed BoostCoins: These are BoostCoins that have been applied to a Purchase.
40. BoostCoins not used as specified herein will expire.
41. BoostCoins expire upon the lapse of twelve (12) months from when they were earned.
42. The deactivation of your membership account will result in the loss of all earned BoostCoins and shall no longer be available to be used against Purchases.
43. A membership account is automatically deactivated if no Activity is performed for thirty (30) running days.
44. All benefits offered under the Program are at our sole discretion.
45. We reserve the right to limit, modify, alter, waive, or cancel the Program and/or benefits offered under the Program at any time, prospectively or retroactively, with or without notice, even though such changes may affect your BoostCoins already earned.
Conditions for Participation in the Program
46. You must be 18 years of age or older to obtain a membership.
47. Your participation in the Program is revocable by us at any time, at our sole discretion.
48. You may have only one membership per email account.
49. Except as otherwise outlined in these Terms, for any benefit to apply, your membership must be active at the time of Purchase.
50. You will not be able to apply BoostCoins retroactively for Purchases made while your Membership is inactive or deactivated.
51. Your Membership is non-transferable.
52. BoostCoins may be used as a form of full or part payment for the purchase of GambleBoost merchandise and vouchers (subject to availability) as available on the Website.
53. The merchandise and vouchers which can be purchased using BoostCoins will be marked accordingly.
54. Upon completing a Purchase, the amount of BoostCoins applied to the Purchase will be deducted from your membership account.
55. If you lack sufficient BoostCoins in your membership account, the remaining balance of the Purchase price must be paid by means of one of the available payment methods available on the Website.
56. You are solely responsible and liable for the payment of any direct or indirect taxes, duties, levies or fiscal dues arising and due as a result of the receiving or use of BoostCoins.
Transfer and Cash Exchange of BoostCoins
57. BoostCoins are not transferable to our members of the Program or to any other person.
58. BoostCoins are not redeemable for cash.
59. Participation in the Program is free of charge.
60. You have the right to deactivate your membership at any time.
61. The deactivation of your membership account will result in the loss of all earned BoostCoins and shall no longer be available to be used against Purchases.
62. A membership account is automatically deactivated if no Activity is performed for thirty (30) running days.
63. You will not be able to apply BoostCoins retroactively for Purchases made while your Membership is inactive or deactivated.
Disclaimers and Limitation of Liability
64. We do not warrant that the contents and functionalities of the Website are compatible with all computer systems and browsers.
65. We exclude any warranty, express or implied, as to the quality, accuracy, timeliness, completeness or fitness for a particular purpose of the Website. We will not be liable for any claims, penalties, losses, damages, cost or expenses arising from the use of or inability to use the Website or from any unauthorised access to or alteration of the Website.
66. To the extent permitted at law, we do not accept responsibility for any statement in the content appearing on the Website. Nothing in the content appearing on the Website is provided for any specific purpose or at the request of any particular person. For the sake of clarity, we will not be responsible or otherwise liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the content appearing on the Website.
67. It is your responsibility, not ours, to verify that any information on the Website is accurate.
68. You can access other sites via links from the Website. These sites are not under our control, and we are not responsible in any way for any of their contents.
69. We give no warranties of any kind concerning the Website or the content appearing on the Website. In particular, we do not warrant that the Website or any of its contents is virus free. You must take your precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
70. The Program is provided on an “as is” and “as available” basis.
71. Any Activity approved by us does not in any way represent the opinion of Max Gain and Max Gain does not adopt them.
72. Each member is bound to inform us immediately when there is an indication that the member’s account is being misused. Each member bears the liability for all activities, which are carried out, when that member’s account is being used, and we are released from any possible claims from damages from third parties and/or the member.
73. Max Gain, its directors, officers, employees, agents or other representatives (“Providers”) disclaim all warranties of any kind, express and implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement in any way related to the Program.
74. Providers make no warranty that the (i) Program will meet your requirements, or (ii) Program will be uninterrupted, timely, secure, or error-free.
75. In no event will Providers be liable for any direct, indirect, special, incidental, or consequential damages, or any other damages of any kind, arising out of or related the Program, including but not limited to your use or inability to use the Program or unauthorized access to or alteration of your membership data.
76. Notwithstanding anything to the contrary, providers’ total liability, whether in contract, warranty, tort (including negligence), or any other legal theory, will not exceed the last balance of BoostCoins in your account.
77. We will do our best to provide constant, uninterrupted access to the Website, however we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
78. We will not be held liable for any issue and problems that give rise to temporary interruptions from the use of our services arising from factors beyond our control, such as, but not limited to, traffic congestion on the internet.
79. You are solely responsible for the interaction with visitors and other members of the Website and Program. We are not bound to mediate in conflicts between visitors and/or members of the Website, and we assume no liability whatsoever for the results of these conflicts, including but not limited to any kind of claims for damage and/or requests of any kind.
80. Should a member’s account be terminated, deactivated or blocked through the sole discretion of Max Gain or should Max Gain stop providing any or all aspects of the Program or the Website, the member waives all the rights for the BoostCoins. We assume no liability towards members or other persons in relation to enforcement of these rights.
81. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including reasons of force majeure which shall include any default due to an act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout, industrial action, health epidemic or pandemic, fire, flood, drought, tempest or other event beyond the control of either party. Our performance is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations may be performed despite the force majeure event.
82. By registering an account with us and becoming one of your members, you grant us your consent, for the storing of the personal data submitted to us for the creation of your account and membership. You explicitly consent to the collection, processing, saving and other use of your personal data for the purpose of the Program.
83. The information provided upon registration may be stored and processed in Malta.
86. These Terms, and the respective rights and obligations of the parties of the Program, shall be governed by, and construed in accordance with, the laws of Malta.
87. Any controversy or claim arising out of or relating to these Terms (including any breach thereof) or the Program shall be settled by arbitration at the Malta Arbitration Centre in accordance with the provisions of Malta Arbitration Act, Chapter 387 of the Laws of Malta and regulated by the Arbitration Rules, Subsidiary Legislation 387.01.
88. The Malta Arbitration Centre shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation. Each party irrevocably waives any right it may have to object to any action being brought in the forum, to claim that the action has been brought in an inappropriate forum, or to claim that the forum does not have jurisdiction.
Changes to BoostCoins value or the Program
89. We may make changes to any or all benefits available to you under the Program at any time, with or without notice.
Changes to these Terms and Conditions
90. We reserve the right to amend these terms and conditions at any time and without giving any prior notice or any reasons for the changes or to ensure that we remain compliant with any applicable laws and regulations and with any ongoing development to our services. The changes also will be displayed in this document, which you can access at any time by going to the Terms and Conditions link on the Website. You are therefore advised to check our terms frequently as continued use of the Website and our services is acceptance of our terms and conditions as amended and updated. You have the possibility to agree to the changes by continuing to use the service of the Website or by remaining an active member of the Program.
91. We reserve the right to transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising herein to any third party including but not limited to our rights and obligations relating to your membership of the Program.
92. 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 these terms and conditions.
93. If you breach any of these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Last Updated November 23, 2022