(DESKTOP AND MOBILE DEVICES)
Please note: any translation of this document is for information purposes only. Only the English version is authentic.
Please read these licence terms carefully before you download Gamban.
Welcome to Gamban. Gamban is a technical solution to block access to online gambling sites and applications. It will not cure a gambling addiction but we hope it will greatly support you.
These terms tell you who we are, how we will provide Gamban to you, how we may end the licence, what to do if there is a problem and other important information.
By downloading Gamban you agree to the terms of this licence that will bind you. If you do not agree to the terms of this licence, you should not download Gamban or, if already downloaded, you should contact info@gamban.com.
Hello! We are Beanstalk HPS Ltd and we are the owners and operators of Gamban. Gamban is a registered trademark of Beanstalk HPS Ltd.
Beanstalk HPS Ltd is registered in England and Wales under company number 10601657 and our registered office is at Enterprise House, Ocean Way, Southampton, England, SO14 3XB.
This licence agreement (Licence) is a legal agreement between you (Licensee, you or your) and Beanstalk HPS Ltd (Licensor, us, our or we) for:
in either case “Software”, any updates or supplements to the Software and related online documentation (Documentation) as permitted by these terms.
We license use of the Software to you on the basis of this Licence. We do not sell the Software to you. We remain the owners of the Software at all times.
The Software blocks the computer/device on which it is installed from accessing online gambling websites (poker, casino, bingo, sports betting and casual trading sites) and blocks gambling applications. The Software will not cure a gambling addiction. You should seek additional support and treatment if you think you have a gambling addiction. The Software is designed to create friction and space so you can seek that help and support. We encourage you to layer the Software with any similar products to ensure maximum effectiveness.
You can use your computer/device as normal; the Software does not impact the computer/device, memory or browsing speed.
The Software requires the following operating system requirements:
each an “Operating System”.
Some devices may not be compatible with the Software. If your computer/device does not meet the requirements of the Operating System you should not download the Software.
If your Licence is for a mobile application, the Software will require the following permissions within your device to be turned on in order to work: Internet, Access Network State, Receive Boot Completed, Wake Lock, Request Delete Packages, Request Install Packages, Broadcast Install Packages and Broadcast Package Added. More information on these permissions can be found here:
Android: https://developer.android.com/guide/topics/permissions/normal-permissions.html;
iOS/MAC OS X: https://developer.apple.com/documentation.
Windows: https://developer.microsoft.com/en-us/windows
Your attention is specifically drawn to condition 10.3(g) (Warranty) and condition 11.5 (Our responsibility for loss or damage suffered by you).
Support: if you want to learn more about the Software or have any problems using it then please take a look at our support resources at www.gamban.com.
How to contact us: If you think the Software is faulty or misdescribed or you wish to contact us for another reason (including if any condition in this Licence requires you to give us notice in writing) you can send us an email to info@gamban.com or, if you’d prefer, you can contact us by pre-paid post to Beanstalk HPS Ltd at Enterprise House, Ocean Way, Southampton, England, SO14 3XB. We will confirm receipt of this by contacting you in writing, normally by email (to the address you provided prior to your purchase of the Software).
If we have to contact you: if we have to contact you or give you notice in writing, we will do so by email to the address you provided prior to your purchase of the Software.
Our contract with you, this Licence, is formed when you Download the Software.
You must be 18 or over to accept these terms and buy the Software.
If you Download the Software onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with the terms of this Licence, whether or not you own the phone or other device.
Grant and scope of licence, minor changes, updates and upgrades
In consideration of you making payment for the Software in accordance with condition 9 below (price and payment) and /or you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Software and Documentation on the terms of this Licence for the period you selected when purchasing the Software (‘Subscription Period’), being either:
from the date the Software is Downloaded (and any extension of the Subscription Period as detailed in condition 6.2 below) or until the Licence is terminated (where this takes place earlier than the expiry of the Subscription Period). We will confirm your Subscription Period to you by email following Download. If you have received access to the Software via one of our corporate partners, you will receive access to the Software and Documentation for one year from the date the Software is Downloaded by you.
Please note:
You may:
The Software may be upgraded to reflect changes in the Operating System. The Software will work with the current or previous version of that Operating System (as it may be updated from time to time).
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
You must:
You acknowledge that all intellectual property rights in the Software and Documentation throughout the world belong to us, that rights in the Software are licensed (not sold) to you. You have no intellectual property rights in, or to, the Software or the Documentation, other than the right to use the Software in accordance with the terms of this Licence.
You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Licence.
The integrity of the Software is protected by technical protection measures (“TPMs”) so that the intellectual property rights, including copyright in the Software are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM, provided that you may temporarily remove TPM’s to the extent necessary for the purpose of exercising your rights under conditions 7.1(a) and 7.1(e) (see restrictions on use).
We warrant that:
If, within the Warranty Period, you notify us in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with the Documentation, we will, at our sole option, either repair or replace the Software.
The warranty does not apply if the defect, fault or failure of the Software results from:
This warranty is in addition to your legal rights in relation to Software that is faulty or not as described. Information about your legal rights can be found in condition 15.2 of this Licence (what to do if there is a problem with the software). Further advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
NON UK USERS: Although the Software and Documentation may be accessible worldwide, we make no representation or warranty that the Software or Documentation are appropriate or available for use in your location, and the Software may not be accessed from territories where the content is prohibited by local laws. Those who choose to access the Software from such locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Software is void where prohibited by local law.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Licence or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Licence was made, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Software (as summarised at condition 15.2 (what to do if there is a problem with the software); and for defective products under the Consumer Protection Act 1987 (where applicable).
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
However, we will not be liable for damage that could have avoided by you:
We are not liable for business losses. The Software is for domestic and private use. If you use the Software for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We have limited liability if you or a user of your device intentionally uninstalls the Software. If you or a user of your device intentionally deploy resources (financial and time) to uninstall the Software during the Subscription Period, we will have limited liability to you for any resulting loss you suffer (unless such loss falls within condition 11.2 or we are otherwise responsible to you for the loss under the terms and conditions of this Licence). In this instance (where no other condition under this Licence applies) our liability to you will be limited to the price you have paid for the Software from first Download to the date of uninstallation of the Software.
Limitation to the Software. You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software (as described in the Documentation and, where applicable, Google Play) meet your requirements.
We are not responsible for events outside of our control. If our support for the Software is delayed due to an event outside of our control we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for the delays caused by the event but if there is a risk of substantial delay you may contact us to end your Licence and may receive a refund for any payment you have made in advance but for which you’ve not had use of the Software.
We may terminate the Licence if you break it. We may end your rights to use the Software at any time by contacting you if you have broken the terms of this Licence in a serious way. If what you’ve done can be put right we will give you a reasonable opportunity to do so (being at least 14 days after the service of written notice telling you what you’ve done wrong). We deem breach of any aspect of condition 7.3 to be a serious irremediable breach.
You must compensate us if you break the Licence. If we end the Licence in accordance with condition 12.1 above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Licence.
Ending the Licence because of something we have done or are going to do: if you are ending the Licence for a reason set out at (a) to (c) below the Licence will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
Exercising your right to change your mind (Consumer Contracts Regulations 2013) if you are based in the EU or the UK: For most products brought online you have a legal right to change your mind within 14 days and receive a refund. These are rights under the Consumer Contracts Regulations 2013 (the “Regulations”). However under these Regulations you do not have a right to change your mind for digital products after you have started to Download them.
Ending the Licence where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the Licence, but you may have to pay us compensation. The Licence for the Software will be completed when the Software is Downloaded and paid for as advised at condition 5.1 (our contract with you). If you want to end the Licence where we are not at fault and you have no right to change your mind, just contact us to let us know. The Licence will terminate at the end of the calendar month which follows the month in which you contact us. We will refund you any advanced payment you have made for products which will not be provided to you. For example, if you tell us you want to end the Licence on 15th February, the Licence will end on 31st March. We will only charge you for supplying the Software for the period up to 31st March and will refund you any sums you have paid in advance for the Software relating to the period after (and including) 1st April.
If you need to contact us to terminate the Licence please do so by following the instructions in Information about Us.
Upon termination for any reason:
You understand that nothing in this Licence obligates us to remove the Software from any central processing unit onto which it has been installed by you. This does not apply where we’re obligated to do so by law. Nothing in this condition will affect your legal rights in relation to Software (see condition 15.2 what to do if there is a problem with the software for a summary).
If, under the terms of this Licence, we need to provide you with a refund we will do so by the method you used for payment of the Software. We will make any refunds as soon as possible and in any event within 14 days.
How to tell us about problems. If you have any questions or complaints about the Software, please contact us by following the instructions in condition 4 (information about us).
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this Licence. See the box below for a summary of your legal rights in relation to the Software. Nothing in the terms and conditions of this Licence will affect your legal rights.
This is a summary of your legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content (which includes software) must be as described, fit for purpose and of satisfactory quality.
If the digital content is faulty, you’re entitled to a replacement.
If the fault cannot be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
If you can show the fault has damaged a device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
We will only use the personal information you provide to us or that we collect through your use of the Software on a mobile device to supply you with the Software and to process your payment for the Software.
We will only give your personal information to third parties where the law either requires or allows us to do so.
Further information on how we handle your personal information can be found in our privacy notice on our Website.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Software may be read or intercepted by others, even where there is a special notice that a particular transmission is encrypted.
By using the Software on a mobile device, you agree to us collecting and using technical information about the devices you use the Software on and related software, hardware and peripherals to improve our products.
We may transfer this Licence to another party. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Licence.
You will need our consent to transfer your rights under this Licence to someone else. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
Nobody else has any rights under this Licence. This Licence does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence.
If a court or competent authority finds a part of this Licence illegal, the rest of the Licence will continue. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we delay in enforcing our rights under this Licence, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Licence, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Changes to these terms. We may need to change the terms of this Licence to reflect changes in law or best practice or to deal with additional features that we introduce. We will give you at least 30 days notice of any change by sending you an email with details of the change or notifying you of a change when you next start the Software. If you do not accept the notified changes you may continue to use the Software in accordance with the existing terms of this Licence but certain features may not be available to you.
Which laws apply to this Licence and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Software in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Software in either the Northern Irish or the English courts. If you live outside the UK, you can only bring proceedings in the English courts.
Any questions, just ask! If you have any questions on any of terms of this Licence or the Software, get in touch with us at info@gamban.com and we would be happy to help.