WEBSITE TERMS AND CONDITIONS OF USE

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY CLICKING THE ACCEPT BUTTON, OR BY CONTINUING TO NAVIGATE THROUGH THIS WEBSITE (‘SITE’), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (‘TERMS’). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS OR USE THIS WEBSITE.

  1. Definitions
    1. ‘GamaLife’, ‘We’, ‘Us’, or ‘Our’ means Gomes Serviceco Ltd. (trading as ‘GamaLife’) incorporated in England and Wales as a private company limited by guarantee, company number 12003288. Our registered office is at C/O Apax Partners, 33 Jermyn Street, London, United Kingdom, SW1Y 6DN. GamaLife also includes any Affiliated business entity which is under common ownership or control with GamaLife (‘Affiliate’).
    2. ‘Site’ means this website and any and all content, software, data, information and materials contained therein and transactions completed thereon.
    3. ‘Third-Party Content’ means certain third-party analysis, content, tools, features, materials, websites, services or advertisements which GamaLife makes available on or through this Site, or to which GamaLife links on any Site.
    4. ‘You’ or ‘Your’ means the individual natural person who is using this website and is agreeing to be bound by these Terms.
  2. Binding Terms
    1. GamaLife shall not provide any services or provide any benefit to the extent that the provision of such services or benefit would violate applicable law or expose GamaLife or its Affiliates to any sanction, prohibition or restriction under UN Security Council Resolutions or under other trade or economic sanctions, laws or regulations.
    2. By using the Site, You agree to transact electronically through the Site. You agree that Your electronic signature is the legal equivalent of Your manual signature. You further agree that Your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes Your signature as if actually signed by You in writing. You also agree that no certification authority or other third-party verification is necessary to validate Your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of Your electronic signature.
  3. Our Proprietary Rights
    1. As between GamaLife and You, and subject to Your right, title and interest in data You submit through this Site or otherwise provide or submit to GamaLife, GamaLife owns all right, title and interest in and to the Site, including all related intellectual property rights subsisting therein. Subject to the limited rights expressly granted hereunder, GamaLife reserves all rights, title and interest in and to the Site, including all related intellectual property rights subsisting therein. We grant no rights to You hereunder other than as expressly set forth herein. This Site and all materials and information published thereon are protected by U.K. and foreign copyright and other intellectual property laws. You agree to protect the proprietary rights of GamaLife and to comply with all reasonable written requests made by GamaLife or its third-party licensors to protect their and others’ rights in the Site and materials and content made available on or through the Site.
    2. GamaLife and Our other trademarks and service marks are the property of GamaLife. GamaLife’s trademarks and trade dress may not be used in any form without the prior written consent of GamaLife, and any use shall be subject to GamaLife’s then-current policies and requirements. All other trademarks, services marks, logos, designs and trade dress not owned by GamaLife that appear on this Site are the property of their respective owners, who may or may not be Affiliated with, connected to, or sponsored by GamaLife.
  4. General Description of Site and License
    1. Through this Site, GamaLife is providing You with information related to Our services. We are neither providing any specific insurance services nor are we binding any insurance via this Site. Your use of this Site is for Your personal purposes only. You must (1) provide all equipment necessary for their own Internet connection, including computer and equipment to access the Internet such as a Router or Modem, and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection.
    2. Subject to these Terms, GamaLife hereby grants You a non-exclusive, non-transferable license in order to obtain information regarding Our business to (i) access and use the Site; and (ii) access and use materials or other content generated through, or available on the Site for Your own personal use. Such content may include access and use of webpages associated with News, Financials, and links to other businesses. All rights not explicitly granted in these Terms are reserved by GamaLife. You may not use the Site or any of the content on the Site for commercial purposes, or in any manner inconsistent with these Terms.
    3. You shall not remove any copyright, patent, trademark or other proprietary or restrictive notice or legend contained on the Sites and You shall reproduce all such notices and legends on all copies of documents, reports and other materials downloaded, printed or distributed from the Site which copies are permitted to be made hereunder.
  5. Restrictions on Use
    1. Except as otherwise expressly provided in these Terms or on the Site, You may not download, modify, copy, reproduce, republish, post, resell, upload, transmit or distribute any materials or content, including without limitation any content generated through the Site, or any portion thereof from or linked to the Site, except with the express written consent of GamaLife or its third-party licensors.
    2. In addition, You agree not to:
      1. Use or access the Site for any purpose that is unlawful or prohibited by the Terms or display, transmit or otherwise make available on or through the Site material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another’s privacy or violative of third-party privacy rights;
      2. Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Site;
      3. Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GamaLife without express written consent;
      4. Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of GamaLife or any of Our third-party licensors without the express written consent of GamaLife;
      5. Use or access the Site in a manner that could damage, disable, overburden, or impair any GamaLife server or the networks connected to any GamaLife server;
      6. Interfere with any third-party’s use and enjoyment of the Site;
      7. Attempt to gain unauthorized access to the Site, accounts, computer systems, or networks connected to any GamaLife server through hacking, password mining, or any other means;
      8. Sublicense any license granted in or to materials on the Site (whether or not any of such acts are for commercial gain or advantage); or
      9. Access the Site in order to build a competitive product or service, or copy any features, functions or graphics of the Sites.
  6. Your Responsibilities
    1. You shall (i) comply with all applicable laws in using the Site; and (ii) use the Site solely for Your own personal purposes. You shall not disclose or share any ID(s) and password(s) used to access this Site. You are responsible for all activity that occurs under Your ID(s) and password(s). You agree to notify GamaLife in writing promptly upon becoming aware of any unauthorized access or use of the Site by any party.
  7. Links and Third-Party Information
    1. Third-Party Content is not maintained or controlled by GamaLife and as a matter of policy, GamaLife does not independently verify, prescreen or monitor any such Third-Party Content. While we believe the Third-Party Content is from reliable third-party sources, we are not responsible for the availability, content, completeness, adequacy, utility or accuracy of such Third-Party Content. GamaLife does not make any endorsement, express or implied, of any Third-Party Content.
    2. Certain Third-Party Content is subject to additional specific terms and conditions which can be found in applicable areas of the Site and websites linked to this Site. You acknowledge and agree that Your use of such Third-Party Content is subject to all these terms.
    3. Site features that interoperate with Third-Party Content depend on the continuing availability of such Third-Party Services and materials for use with the Site. If the third-party providers of such services or materials cease to make the services or materials available on reasonable terms for the Sites, we may cease providing such Site features.
  8. Candidates for Employment
    1. Electronic Signatures
      1. By using the Site and providing Submissions, You agree to transact electronically through the Site. You agree that Your electronic signature is the legal equivalent of Your manual signature. You further agree that Your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes Your signature as if actually signed by You in writing. You also agree that no certification authority or other third-party verification is necessary to validate Your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of Your electronic signature;
      2. In order to access, fulfill and retain the following electronic forms, Your computer must be equipped and compatible with the most common operating systems and internet browsers. This would include a supported version of Windows, Mac OS X, Linux, Apple iOS, and other major operating systems; and Microsoft Internet Explorer version 8 and later, Mozilla Firefox – latest version, Safari latest version + tablet versions, Chrome latest desktop version;
      3. If You decline to use an electronic signature, You will be able to print Your forms and sign them by hand, but will also be required to deliver the hand signed forms to the relevant GamaLife representative;
      4. If You wish to obtain a paper copy of the forms You sign via this site, You will be given the opportunity to download and print those forms once they have been executed;
      5. After authorizing the use of Your electronic signature, You may still withdraw Your consent to transact electronically. To do so, You must contact GamaLife for Our withdrawal procedures and to understand any consequences or fees which may apply.
    2. Submissions
      1. You warrant that (i) You have the right and authority to provide any Submissions, (ii) You have only disclosed information that is true, accurate and not misleading (including by omission) and nothing You have submitted is known by You to be false, inaccurate, or misleading, (iii) You have a legal right to live and be employed in the jurisdiction in which You are applying for employment. If that legal right is limited in time, You have disclosed when it expires, (iv) You are the individual who the Submissions relate to and that You have obtained permission from each person who appears and/or is referred to in Your Submissions, (v) Your Submissions, or any offer of employment that may result from Your Submissions, would not infringe any legal obligation that You may have to any third-party, including under laws related to copyright, trademark, patent, trade secret, confidentiality, notice period, restrictive covenant, non-competition or other intellectual property rights, privacy rights, or any other legal or moral rights of any third-party, (vi) You were not, and will not, be compensated or granted any consideration by any third-party for entering Your Submission or taking up any offer of employment with GamaLife or an Affiliate, and any salary or wages paid to You upon taking up any offer of employment will not be remitted to any third-party, and (vii) there is no reason that You cannot perform all job duties that You are applying for in a manner that is safe and not injurious to You or any other person, that has not been disclosed fully in Your Submission, and You must immediately disclose any such reason should one arise.
    3. Background Screening
      1. As an applicant for employment with Us, You may be asked to authorize GamaLife, an Affiliate, or their agents to conduct a background investigation into Your qualifications for employment (such a background investigation is sometimes called a “Consumer Report” or “Investigative Consumer Report” depending on the conditions under which it is prepared). Before a background investigation occurs, however, You will receive written disclosure that such an investigation will be made, and You will also be asked to authorize the investigation. A background investigation will not be conducted without Your authorization;
      2. You understand that relevant regulation prohibits GamaLife and its Affiliates from employing individuals who have been convicted of certain types of crimes. This is also the case for individuals who have entered into a pretrial diversion or similar program in connection with the prosecution of such an offense. Further, GamaLife and its Affiliates in most jurisdictions, are permitted by relevant regulation to collect applicants’ fingerprints and submit those fingerprints to law enforcement, or other database providers, for a criminal history record check. Therefore, You understand and agree that You may be fingerprinted as part of the application process. You further acknowledge that any criminal convictions will be examined, including, but not limited to, the criminal history records of UK law enforcement agencies, or other databases. A conviction is not an absolute bar to employment. Factors such as the age of the offense, evidence of rehabilitation, seriousness of violation, and job relatedness are considered in all employment decisions. Additionally, it’s Our policy to only inquire into a candidate’s criminal history after an offer has been made. Each case will be evaluated on its own facts and circumstances. If You have been convicted of a crime, You may be given the opportunity to explain any circumstances which could affect GamaLife and its Affiliates consideration of Your employment.
    4. You agree that any misrepresentation, falsification, or omission of information on the application or any other documents You have provided or will provide as part of the application process may result in my failure to receive an offer of employment, or rescinding of an offer, or, if You are hired, could result in Your dismissal from GamaLife or any of its Affiliates. You understand that if You are employed You must prove my employment eligibility by presenting legally acceptable documents within three days of the beginning of Your employment. You understand and agree that if You are unable to present these documents, Your employment with GamaLife or an Affiliate will be terminated.
  9. Disclaimers and Limits of Liability
    1. The information contained in this Site provides only a general overview of subjects covered, is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. Insureds should consult their insurance and legal advisors regarding specific coverage issues. All insurance coverage is subject to the terms, conditions, and exclusions of the applicable individual policies. GamaLife cannot provide any assurance that insurance can be obtained for any particular client or for any particular risk, and, unless and to the extent otherwise expressly provided, the display of information on or through this Site should not be considered assurance that insurance can be or has been obtained for any particular client or for any particular risk. GamaLife is not responsible for accuracy of any Third-Party Content containing information or other materials concerning the financial condition or solvency of any insurers or reinsurers, or application of policy wordings of any insurers or reinsurers.
    2. THE SERVICE AND THE INFORMATION ON THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
    3. GAMALIFE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR ANY INFORMATION OR SERVICE ON A LINKED WEBSITE. Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of these Terms may not apply to You.
  10. Indemnification
    1. You shall defend Us against any claim made or brought against Us by a third-party alleging that Your use of the Sites in violation of these Terms, or the data or information You submit through the Site, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Us for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Us in connection with any such Claim; provided, that We (a) promptly give You written notice of the Claim, (b) give You sole control of the defense and settlement of the Claim (provided that You may not settle any Claim unless the settlement unconditionally release Us of all liability), and (c) provide to You all reasonable assistance, at Our expense.
  11. Changes to Terms
    1. GamaLife reserves the right to make changes, modifications, amendments, and/or updates to this Site and the Terms. When these changes are made, we will make a new copy of the Terms available on this Site. Changes to the Terms shall be effective when posted. You understand and agree that continued use of the Site after the Terms has changed will be treated as Your acceptance of the updated Terms.
  12. Term and Termination
    1. These Terms commence on the date You accept them and continues until terminated in accordance with this paragraph. You may terminate Your use of the Site without cause at any time upon written notice to Us. We may terminate access to and use of the Site (a) at any time with or without cause, upon notice to You or (b) upon termination of Your relationship with GamaLife for any reason. Sections 3 (Proprietary Rights), 7 (Links and Third-Party Content), 8.2 (Submissions), 9 (Disclaimers and Limits of Liability), 10 (Indemnification), 14 (Governing Law), 16 (Limitations on Time), and 17 (Miscellaneous) shall survive any termination or expiration of these Terms. We shall have no obligation to maintain or provide You a copy of any of Your data in the Site following termination or expiration of these Terms, unless otherwise specified in other applicable agreement between You and GamaLife, or unless legally required to be retained. UPON TERMINATION OF YOUR ACCESS TO OR USE OF MATERIALS STORED IN THE SITE WILL NOT BE ACCESSIBLE THROUGH THE SITE.
  13. Sanctions
    1. This license agreement is expressly made subject to any laws, regulations, orders or other restrictions which may be imposed by the Government of the United Kingdom on the transaction of business activities with certain countries or nationals or residents of certain countries. Sites are not available by GamaLife to any restricted entity (as defined by applicable law or regulation). You represent and warrant that You are not a restricted entity nor are You using the Site on behalf of or for the benefit of a restricted entity. “Restricted entity” means any individual with whom a UK citizen, national, or company organized under the laws of or operating in the UK is prohibited from engaging in transactions by UK laws.
  14. Governing Law
    1. These Terms shall be governed by the laws of England and Wales, without reference to the principles of conflicts of laws thereof. You hereby irrevocably and unconditionally accept and agree to submit to the exclusive jurisdiction of any competent court in the City of London to hear any dispute relating to these Terms. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) are specifically excluded from application to these Terms.
  15. Injunctive Relief
    1. You acknowledge and agree that any violation of the Terms relating to the disclosure, use, copying, distribution, display or publishing of the content made available through the Site by Us or by third-party licensors, including any software licensed hereunder, may result in irreparable injury and damage to GamaLife or its licensors that may not be adequately compensable in money damages, and for which GamaLife will have no adequate remedy at law. You, therefore, consent and agree that GamaLife may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with these Terms. You hereby waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.
  16. Limitation on Time to File Claims
    1. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  17. Miscellaneous
    1. We may assign Our rights and obligations under these Terms, without notice, to: (a) any Affiliate of GamaLife; or (b) any party or its Affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of GamaLife or any Affiliate of GamaLife. These Terms may not be assigned by You without Our prior written consent. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Questions or comments regarding the Site or the Terms should be directed to GamaLife at: [email protected]