Your attention is particularly drawn to the provisions of clause 13 (Limitation of liability).
1. About us
1.1 Company details. Differentia Licensing Advisory Group Limited, a company registered in the Isle of Man with number 136583C whose registered office is at 2nd Floor, Hillary House, Prospect Hill, Douglas IM1 1EQ, Isle of Man (DLAG, we, our and us). Our VAT number is GB 005 5442 10. We operate the website Differentia Licensing Advisory (dlagglobal.com).
1.2 Contacting us. To contact us, telephone our customer service team at +44 204 548 3040 or email us at [email protected]. How to give us formal notice of any matter under these Terms is set out in clause 12.2.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the contract between DLAG and the applicant (you, the Applicant) for a gaming license (License), which will be issued by Tobique First Nation, a native reserve established in New Brunswick, Canada authorized by the New Brunswick Lotteries and Gaming Corporation to carry on internet and other gaming activities, (Tobique) or the Tobique Gaming Commission on its behalf. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice, or course of dealing.
2.2 DLAG has been appointed by Tobique to process License applications (the Services) but does not have the power to make the final decision on an application. DLAG offers no warranty or guarantee that a License application will be approved.
2.3 Language. These Terms are made only in the English language.
3. Submitting an application
3.1 Please follow the onscreen prompts to submit your application. You may only submit an application using the method set out on the site.
3.2 The License application will be divided into two elements:
(a) An initial review by DLAG to establish whether the Applicant meets the most basic requirements to proceed with a License application (the Preliminary Review); and
(b) If (and only if) the Preliminary Review is approved by DLAG (following which you will receive an email notification), you will be able to submit the full License application, which will be processed by DLAG and determined by the Tobique Gaming Commission.
3.3 Correcting input errors. Our application process allows you to check and amend any errors before submitting your applications to us. Please check the order carefully before confirming it. You are responsible for ensuring that your application is complete and accurate.
3.4 Acknowledging receipt of your application. After you submit an application, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that application has been approved. Approval of applications will take place as described in:
(a) clause 3.2(b) for Preliminary Reviews; and
(b) Clause 3.5 below for License applications
3.5 Approving your License application. Approval of your License application takes place when we send an email to you confirming that the License has been issued by the Tobique Gaming Commission (Approval).
3.6 If your License application is declined. If your License application is declined for any reason during the application process, we will inform you of this by email.
4. Withdrawing your License application
4.1 You may withdraw your License application if you notify us as set out in clause 12 prior to receiving Approval. You cannot withdraw the License application once Approval has been granted.
4.2 To withdraw your License application, you must provide written confirmation via email to [email protected]. We will email you to confirm we have received your withdrawal request.
4.3 If you withdraw your License application, we will refund you in full for the License Fee (as defined in clause 6.2), by the method you used for payment. We may deduct from any refund an amount for any applicable bank charges for the return of your funds. The PR Fee (as defined in clause 6.2) is non-refundable.
5. Your obligations
5.1 It is your responsibility to ensure that:
(a) you cooperate with us in all matters relating to the Services; and
(b) you comply with all applicable laws.
5.2 You agree and warrant that:
(a) By signing and submitting the Preliminary Review form and the License application form (Application Forms) you have read and agree to be bound by these Terms and Conditions;
(b) The information provided in the Application Forms is correct, complete and not misleading to the best of your knowledge and belief;
(c) Neither you nor any of your shareholders or officers have made or been party to a gaming or similar license application with another gaming license operator or jurisdiction which has been declined
(d) You know of no reason why any of the Applicant, its officers or its shareholders should not be granted a gaming license;
(e) You understand that if the License application is refused, or you withdraw your Preliminary Review application or License application prior to Approval you are not entitled to the refund of the PR Fee;
(f) in the event that any of the information provided on the application forms and supporting documentation changes or otherwise becomes inaccurate or misleading in any respect prior to the granting of the gaming license, you will notify us immediately and update the application forms.
5.3 You understand and agree that:
(a) you are aware of, and as part of the application process, consent to the sharing of the Applicant’s personal details and those of its shareholders and officers with various third parties engaged in the review of the License application, and in particular will be shared with Tobique and/or the Tobique Gaming Commission.
(b) DLAG has been appointed by Tobique to process License applications but does not have the power to make the final decision on any License application. DLAG offers no warranty or guarantee that the application will be approved. In particular, you agree that the granting of the license is discretionary to Tobique and DLAG is not responsible for any decision that Tobique makes. Tobique is the sole issuer of all gaming licenses.
5.4 If you become aware of further information which might be relevant to the License application following submission of the Application Forms, it should be provided to us immediately. The obligation to provide full, frank and unambiguous information does not stop with the submission of the Application Forms.
5.5 The information supplied by and on behalf of the Applicant should be verified wherever possible. If any applicable vetting checks reveal any matters that have not been disclosed, then License applications will be delayed and, in some cases, possibly rejected.
5.6 The Applicant is responsible for the accuracy of the data and completion of the Application Forms. If the Application Forms are not fully and correctly completed, we may need to return it for proper completion. This could significantly delay the decision on whether to grant a License to the Applicant.
5.7 We may require the Applicant to provide further information at any time after receiving an application and before the Tobique Gaming Commission determines whether a License is to be granted or not.
6. Application Fees
6.1 In consideration of us providing the Services, and Tobique issuing a License you must pay the relevant application fees (Fees) in accordance with this clause 6.
6.2 The Fees are as follows:
(a) Preliminary Review – €2,500 EUR (two thousand five hundred euros), payable at the point of submission of the application for Preliminary Review (PR Fee);
(b) License application €33,500 EUR (thirty-three thousand five hundred euros), payable once the Preliminary Review has been approved and at the point of submission of the full License application (License Fee).
6.3 The Fees may change from time to time, but changes will not affect any License applications you have already submitted.
6.4 Payment for the Fees shall be made by way of bank transfer to such account in the name of DLAG as may be nominated by DLAG.
7. Intellectual property rights
7.1 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.
7.2 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable license to copy and modify any materials provided by you to us for the purpose of providing the Services to you.
8. How we may use your personal information
8.1 We will use any personal information you provide to us to:
(a) Process your application;
(b) Process your payment for the Services; and
(c) Inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
8.2 We will process your personal information in accordance with our DATA PROTECTION OR PRIVACY POLICY LINK, the terms of which are incorporated into these Terms.
9. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
9.1 Nothing in these Terms limits any liability which cannot legally be limited, including liability for:
(a) Death or personal injury caused by negligence;
(b) Fraud or fraudulent misrepresentation; and
(c) Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
9.2 Subject to clause 9.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
(a) Loss of profits;
(b) Loss of sales or business;
(c) Loss of agreements or contracts;
(d) Loss of anticipated savings;
(e) Loss of use or corruption of software, data or information;
(f) Loss of or damage to goodwill; and
(g) Any indirect or consequential loss.
10. Confidentiality
10.1 We each undertake that we will not at any time, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 10.2.
10.2 We each may disclose the other’s confidential information:
- (a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under these Terms. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 10; and
- (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
10.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under these Terms.
11. Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
12. Communications between us
12.1 When we refer to “in writing” in these Terms, this includes email.
12.2 Any notice or other communication given under or in connection with these Terms must be in writing and be delivered personally, sent by pre-paid international courier/postage service, or email.
12.3 A notice or other communication is deemed to have been received:
- (a) if delivered personally, on signature of a delivery receipt;
- (b) if sent by pre-paid international courier/postage service, at 9.00 am on the fifth working day after posting; or
- (c) if sent by email, at 9.00 am the next working day after transmission.
12.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
12.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
13. General
13.1 Assignment and transfer
- (a) We may assign or transfer our rights and obligations under these Terms to another entity by posting on this webpage if this happens.
- (b) You may only assign or transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.2 Variation. Any variation of these Terms only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
13.3 Waiver. If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
13.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 Third party rights. These Terms are between you and us. No other person has any rights to enforce any of its terms.
13.6 Governing law and jurisdiction. These Terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the English courts.