# Terms and Conditions of Use **Free Me South Africa (Pty) Ltd** Registration Number: 2025/384802/07 Version 2.1 | Effective Date: 24 August 2026 --- ## 1. Introduction and Acceptance 1.1 These Terms and Conditions ("Terms") govern your use of the Free Me South Africa Self-Exclusion Platform ("Platform"), operated by Free Me South Africa (Pty) Ltd, registration number 2025/384802/07 ("FMSA", "we", "us", or "our"). 1.2 By registering an account, submitting a Self-Exclusion application, or accessing any part of the Platform, you agree to be bound by these Terms in their entirety. If you do not agree, you must not use the Platform. 1.3 These Terms must be read together with our Privacy Policy, ECTA Compliance Notice, and Biometric and Special Data Notice, all of which form part of the agreement between you and FMSA. 1.4 FMSA reserves the right to amend these Terms at any time. Continued use of the Platform after any amendment constitutes acceptance of the revised Terms. Material changes will be communicated to registered users by email at least 14 days before taking effect. --- ## 2. Company Information | Detail | Information | |---|---| | Company Name | Free Me South Africa (Pty) Ltd | | Registration | 2025/384802/07 | | Email | exclusions@freemesouthafrica.co.za | | WhatsApp | +27 66 215 4063 | | Website | www.freemesouthafrica.co.za | | Founder and Chief Executive Officer | Pierre van Staden | | Information Officer (POPIA) | Pierre van Staden | --- ## 3. Nature of the Service 3.1 FMSA is a private entity that provides a facilitated statutory self-exclusion service under Section 14 of the National Gambling Act 7 of 2004 ("NGA"). FMSA is not itself a gambling regulatory authority and does not replace the National Gambling Board ("NGB") or any Provincial Gambling Board ("PGB"). **FMSA's Position on Why You May Self-Exclude:** Self-exclusion is a voluntary, personal decision. The NGA does not require you to have a diagnosed gambling disorder or to be experiencing gambling harm before you may apply. You may self-exclude for any personal reason, including: - Financial protection (stopping before debt arises) - Preventative action (taking a break before gambling becomes a problem) - Supporting a family member or partner - Acting on professional advice from a counsellor, doctor, or financial advisor - Personal wellness and peace of mind - Any other reason that is meaningful to you FMSA does not require you to label yourself as a "problem gambler" or to accept any clinical diagnosis as a condition of applying. NGB Form 1/1 Declaration 2 has been reworded by FMSA to remove the "problem gambler" label, affirming your voluntary choice without imposing a clinical classification. The regulatory intent of NGA Section 14 is fully preserved. FMSA is not a clinical or diagnostic service and does not assess, diagnose, or certify gambling disorders. 3.2 FMSA acts as your authorised representative for the purpose of: - Completing and submitting NGB Form 1/1 to the NGB on your behalf - Simultaneously notifying all nine Provincial Gambling Boards by transmitting copies of your NGB Form 1/1 and Proxy Consent and Authorisation Certificate at the time of submission - Communicating with the NGB and relevant provincial licensing authorities as part of its mandate and follow-up process - Facilitating and following up on the NGB's statutory obligation under Regulation 2(4) of the National Gambling Regulations 2004 to transmit your exclusion notice to all licensed gambling operators in South Africa, both land-based and online - Communicating with individual licensed gambling operators for the purpose of enforcing or following up on your self-exclusion where a breach or non-implementation is suspected - Reporting suspected breaches of your self-exclusion by any licensed operator to the applicable Provincial Gambling Board or the NGB - Maintaining a case management record of your SE application with accompanying documentation - Issuing you with an FMSA Self-Exclusion Submission Certificate confirming that your application has been submitted 3.3 FMSA is designed to submit your NGB Form 1/1 to the NGB on the same business day as your application. Legal effectiveness of the exclusion follows the applicable statutory and regulatory confirmation process under Regulation 2(5)-(6) of the National Gambling Regulations 2004, which requires written confirmation of receipt. FMSA does not represent that submission to FMSA, or FMSA's submission to the NGB, makes you immediately or automatically excluded. FMSA tracks the submission status and follows up with the NGB until confirmation is received. 3.4 FMSA does not operate gambling facilities, does not hold a gambling licence, and has no authority to enforce self-exclusion against gambling operators directly. Enforcement is the statutory obligation of licensed gambling operators under Section 14(4) of the NGA. --- ## 4. Eligibility 4.1 You must be at least 18 years of age to use this Platform. By registering, you confirm that you are 18 years of age or older. 4.2 You must be a South African citizen or permanent resident holding a valid South African Identity Number. Foreign nationals with a valid South African passport may apply; FMSA will note the passport number in place of an ID number on NGB Form 1/1. 4.3 You must provide truthful, accurate, and complete information. Submission of false information on NGB Form 1/1 may constitute a criminal offence under Section 14(6) of the NGA. 4.4 Only one active Self-Exclusion registration may exist per person at any time. If you already have an active registration with the NGB, FMSA will notify you. You may use the Platform to request an extension or modification of an existing SE. --- ## 5. The Self-Exclusion Process 5.1 **Step 1 - Personal Details:** You provide your name, South African ID number, contact information, and physical descriptors. Physical descriptors (height, build, eye colour, hair colour, distinguishing features) are required by the NGB Form 1/1 to assist licensed venue security in identifying excluded persons. 5.2 **Step 2 - NGB Declarations:** You confirm each of the 12 statutory declarations on NGB Form 1/1 as prescribed by Government Gazette No. 26994, dated 12 November 2004. All 12 declarations must be confirmed in the affirmative for the application to proceed. These declarations cannot be pre-populated, skipped, or waived. 5.3 **Step 3 - Consents and E-Signature:** You provide your POPIA consent for processing of personal information, your written mandate appointing FMSA as your authorised representative, your acceptance of these Terms, and your electronic signature applied in reliance on ECTA's recognition of electronic signatures and data messages. The single e-signature applies simultaneously to all three submission documents (FMSA Self-Exclusion Submission Certificate, NGB Form 1/1, Proxy Consent and Authorisation Certificate) under the Mirror Signature approach. The applicable signature standard for NGB Form 1/1 is subject to any requirement imposed by the NGB. 5.4 **Step 4 - Identity Verification:** You verify your mobile number via an OTP delivered to your registered mobile number, and FMSA verifies your SA ID number with Home Affairs on its back end. You also take the photograph required on NGB Form 1/1. Identity verification is required to ensure the integrity of the NGB register. If ID verification cannot be completed straight away, FMSA will follow up to complete it. 5.5 **Step 5 - Exclusion Scope and Duration:** You select the geographic and category scope of your exclusion (land-based casinos, online gambling, or both) and the duration of your exclusion (6 months, 12 months, 5 years, or lifelong). You understand that once submitted, the exclusion period cannot be shortened and that a lifelong exclusion cannot be reversed under current NGA provisions. 5.6 **Submission:** Upon completion of all five steps, FMSA generates three statutory PDF documents (described in clause 6) and dispatches a formal submission email to the NGB with copies to all nine Provincial Gambling Boards and to your registered email address. --- ## 6. Statutory Documents 6.1 The Platform generates the following statutory documents on your behalf: **FMSA Self-Exclusion Submission Certificate:** Confirms that FMSA has received your instruction and submitted your NGB Form 1/1 to the NGB as your authorised representative. Contains your SE number, case reference number, exclusion scope, duration, start date, expiry date (where applicable), and a SHA-256 hash of your submission documents. Legal effectiveness of the exclusion follows NGB processing and confirmation. You should retain this certificate for your records. **NGB Form 1/1:** The prescribed statutory form under Government Gazette No. 26994 (12 November 2004). Contains your personal details, physical descriptors, the 12 statutory declarations, and your electronic signature with SHA-256 hash on every page. **Proxy Consent and Authorisation Certificate:** Establishes FMSA's legal authority to act as your authorised representative under common-law mandate, ECTA Section 25, and with your written consent under POPIA Section 11(1)(b). Contains the full terms of the mandate, the scope of authority (covering submission to the NGB, all 9 PGBs, and follow-up with all licensed gambling operators land-based and online), the Mirror Signature Clause, and a request to the NGB to update the national register. This document forms part of the statutory document bundle submitted to the NGB. 6.2 All three documents carry the same e-signature hash and timestamp, forming a cryptographically linked set of statutory records. 6.3 Copies of all three documents are emailed to your registered email address upon submission. FMSA retains server-side copies in encrypted storage for the period specified in our Privacy Policy. --- ## 7. Electronic Signature 7.1 Your electronic signature applied in Step 3 is applied in reliance on ECTA's recognition of electronic signatures and electronic communications. Under ECTA Section 25, FMSA's submission of your NGB Form 1/1 and all related documents is attributed to you as the originator, because FMSA is your appointed authorised representative. Under ECTA Section 13(2), your e-signature is not without legal force merely because it is in electronic form. The applicable signature standard for the NGB Form 1/1 submission is subject to any statutory, regulatory, or procedural requirement imposed by the NGB. 7.2 The e-signature is time-stamped and linked to a SHA-256 hash of the NGB Form 1/1 content. This hash is recorded in the FMSA audit trail and appears on every page of the NGB Form 1/1 for tamper detection purposes. 7.3 You acknowledge that by applying your e-signature you: - Have read and understood the 12 NGB declarations - Voluntarily and of your own free will choose to self-exclude - Authorise FMSA to submit NGB Form 1/1 on your behalf - Accept the binding nature of the exclusion for the period selected - Agree that your signature will appear on all related statutory documents --- ## 8. Limitations of the Service 8.1 **Operator Compliance:** Licensed gambling operators are subject to obligations concerning excluded persons arising from the NGA, applicable provincial gambling legislation, regulations, and licence conditions. The precise obligations of any particular operator may vary according to jurisdiction and gambling activity. FMSA has no authority to enforce these obligations directly; non-compliance should be reported to FMSA and will be escalated to the applicable Provincial Gambling Board and, if necessary, the NGB and DTIC. 8.2 **Unlicensed Operators:** The NGA self-exclusion regime applies to licensed gambling operators only. FMSA cannot guarantee that unlicensed, offshore, or illegal gambling operators will comply with or even receive notification of your SE. 8.3 **Existing Winnings and Balances:** Self-exclusion does not automatically result in the return of funds held in gambling accounts. Recovery of funds held by an operator at the time of SE is subject to that operator's terms and conditions and applicable law. 8.4 **Immediacy:** While FMSA submits NGB Form 1/1 on the same business day as application, the time taken for the NGB to update its central register and for that update to propagate to all licensed operators is beyond FMSA's control. 8.5 **Device Blocking:** This Platform provides legal self-exclusion only. FMSA recommends supplementing legal SE with technical device-level blocking via GamblePause (free, Android, 40+ African languages), Gamban (paid, cross-platform, available through FMSA's referral link), or BetBlocker (free, all platforms). Device blocking is Layer 2 and does not replace the legal SE (Layer 1). Any paid blocking product is a personal purchase decision made directly with the provider. --- ## 9. User Obligations 9.1 You agree to: - Provide accurate and complete information at all times - Keep your account credentials confidential and not share them with any third party - Notify FMSA immediately if you become aware of any unauthorised use of your account - Not attempt to use this Platform to exclude another person without their express written consent - Honour and abide by the terms of your self-exclusion for its full duration - Not seek to re-enter gambling premises or access gambling services during your exclusion period - Not use the Platform for any unlawful purpose 9.2 You acknowledge that if you visit a gambling establishment or access gambling services during your exclusion period, you do so in breach of your statutory declaration under NGB Form 1/1 and in potential breach of NGA provisions. 9.3 If you seek assistance for problem gambling, FMSA can arrange a counselling referral through the National Responsible Gambling Programme (NRGP) on 0800 006 008 (toll-free, 24 hours). You may request this referral via the Platform at any time after completing SE. --- ## 10. Third-Party Services 10.1 The Platform integrates with the following third-party service providers: - **OmniCheck:** verifies your SA ID number with Home Affairs on FMSA's back end. No photograph is sent. - **LogicSMS / Clickatell:** SMS OTP delivery. RICA-compliant. - **National Gambling Board and Provincial Gambling Boards:** Statutory bodies to which your NGB Form 1/1 is submitted. Data transmission to these bodies is required by law. 10.2 FMSA is not responsible for the availability, accuracy, or conduct of any third-party service. Any failure of a third-party service that affects delivery of your SE notification will be rectified by FMSA using alternative means at the earliest opportunity. --- ## 11. Intellectual Property 11.1 All intellectual property in the Platform, including but not limited to the software, system architecture, user interface, branding, FMSA SE flow design, document templates, and the Mirror Signature Doctrine implementation, is owned by Free Me South Africa (Pty) Ltd. 11.2 Nothing in these Terms grants you any licence to copy, reproduce, distribute, or commercially exploit any element of the Platform without FMSA's prior written consent. 11.3 NGB Form 1/1 is prescribed by Government Gazette No. 26994 (12 November 2004) and is in the public domain. FMSA's implementation, formatting, and integration of that form into the Platform remain FMSA intellectual property. --- ## 12. Limitation of Liability 12.1 FMSA's liability to you in connection with the Platform is limited to the direct loss or damage arising from FMSA's own negligence or wilful misconduct. 12.2 FMSA is not liable for: - The actions or omissions of any licensed gambling operator following receipt of an SE notification - Losses arising from gambling activity during any period between submission and NGB register update - Loss of data arising from circumstances beyond FMSA's reasonable control - Any indirect, consequential, or special loss or damage 12.3 Nothing in these Terms limits FMSA's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. --- ## 13. Termination 13.1 FMSA may suspend or terminate your account if you breach these Terms, provide false information, or if required to do so by law or a regulatory authority. 13.2 Termination of your FMSA account does not terminate your statutory self-exclusion, which continues in full force and effect with the NGB for the duration selected. --- ## 14. Counselling Support 14.1 Self-exclusion is a positive and courageous step. Whether you are applying for preventative reasons or because gambling is causing harm in your life, FMSA recognises the value of connection to support services. Professional support is always available, regardless of whether you consider yourself to have a gambling problem. **Free support resources available to you:** - **National Responsible Gambling Programme (NRGP):** 0800 006 008 (toll-free, 24 hours, 7 days a week) - **NRGP WhatsApp:** 076 675 0710 - **South African Responsible Gambling Foundation (SARGF):** Registered counsellors available through NRGP - **Gamblers Anonymous South Africa:** www.gamblerssouthafrica.org - **BetBlocker (free device-blocking tool):** betblocker.org (FMSA holds a signed MOU with BetBlocker; free and recommended to complement legal self-exclusion) 14.2 FMSA can arrange a free confidential counselling referral through the NRGP or SARGF as part of your SE process. You may indicate your interest during Step 1 of the registration flow or request a referral at any time via your dashboard. Requesting a referral does not change your SE application in any way and is entirely voluntary. 14.3 If you are in immediate distress, please contact the NRGP on 0800 006 008 (toll-free, 24 hours). If you or someone you know is in crisis, contact the South African Depression and Anxiety Group (SADAG) on 0800 567 567 (toll-free, 24 hours). --- ## 15. Governing Law and Disputes 15.1 These Terms are governed by the laws of the Republic of South Africa. 15.2 Any dispute arising from or in connection with these Terms shall first be referred to FMSA in writing at exclusions@freemesouthafrica.co.za. FMSA will acknowledge within 2 business days and respond substantively within 10 business days. 15.3 If the dispute cannot be resolved by agreement, either party may refer it to the Consumer Protection Tribunal established under the Consumer Protection Act 68 of 2008, or to a court of competent jurisdiction within the Republic of South Africa. --- ## 16. General 16.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect. 16.2 FMSA's failure to enforce any provision of these Terms does not constitute a waiver of that right. 16.3 These Terms, together with the Privacy Policy, ECTA Compliance Notice, Proxy Consent and Authorisation Certificate, Biometric and Special Data Notice, and PAIA Manual, constitute the entire agreement between you and FMSA regarding use of the Platform. --- *Free Me South Africa (Pty) Ltd | Reg. 2025/384802/07 | exclusions@freemesouthafrica.co.za* *Built under the National Gambling Act 7 of 2004 and National Gambling Regulations 2004. POPIA compliant. ECTA-supported electronic signatures applied throughout.*