End User Licence Agreement
END USER LICENCE AGREEMENT FOR gamban®
(DESKTOP USE AND APPLICATION ON MOBILE DEVICES)
WELCOME TO gamban®. PLEASE READ THESE LICENCE TERMS CAREFULLY BEFORE YOU DOWNLOAD gamban®.
THESE TERMS TELL YOU WHO WE ARE, HOW WE WILL PROVIDE gamban® TO YOU, HOW YOU OR 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 DELETE gamban® FROM YOUR COMPUTER/MOBILE DEVICE.
WHO WE ARE AND WHAT THE AGREEMENT DOES
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:
- gamban® computer software (Version 3.0 for desktop use); and/or
- gamban® mobile application software (Version 1.0 for android and Version 1.0 for iOS),
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.
WHAT THE SOFTWARE DOES
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.
You can use your computer/device as normal; the Software does not impact the computer/device, memory or browsing speed.
OPERATING SYSTEM REQUIREMENTS AND OPERATING PERMISSIONS
The Software requires the following operating system requirements:
- Desktop use (Version 3.0):
- Microsoft Windows Vista 7, 8 or 10,
- Microsoft Windows minimum requirements: 4GB RAM, Intel Core 2 Duo CPU, 100mb storage
- Apple Mac OS X 10.10 (Yosemite), 10.11 (El Capitan), 10.12 (Sierra) or 10.13 (High Sierra)
- Apple OS X minimum requirements: 2GB RAM, Intel Core 2 Duo CPU, 100mb storage
- Mobile use (Version 1.0):
- Marshmallow 6.0 (and above) or KitKat 4.4 (and above);
- 6 – 7 MB of storage space (taken after Download);
- 10 MB of memory (required for the Software to perform);
- 15 kb per second data bandwidth;
- minimum 5% central processing unit.
- iOS 9.1 (and above);
- compatible with iPhone, iPad and iPod Touch devices;
- 14 MB of storage space (taken after Download).
each an “Operating System”.
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: https://developer.apple.com/documentation.
If you are using an iOS Operating System your attention is specifically drawn to Warranty and Our responsibility for loss or damage suffered by you.
INFORMATION ABOUT US – HOW TO GET SUPPORT AND TELL US ABOUT PROBLEMS
- 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 firstname.lastname@example.org 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
- For the purposes of this Licence, you will have ‘Downloaded’ the Software when you enter the license key (we have sent to you by email) into the dialogue box appearing at the end of the installation process through the install wizard. “Download” will be construed accordingly. The license key will be a unique 6 digit code of numbers and letters (lower and upper case).
- 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 price and payment and 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:
- one month, where payment is made by a voucher code;
- six months, where payment is made by a voucher code; or
- one year,
from the date the Software is Downloaded (and any extension of the Subscription Period as detailed 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.
Please note, we provide you with the option of renewing your Subscription Period automatically at its end during the installation process. Where you choose this option, we will notify you by email a reasonable period before the end of your current Subscription Period. Any renewal of your Subscription Period will be governed by the terms and conditions of this Licence. If you do not wish for your Subscription Period to be automatically renewed, please contact us in accordance with information about us or amend your preferences within the Account Management function.
- in the case of desktop use: install and use the Software for your personal purposes on one central processing unit (CPU); and provided it is used at any one time on only one computer owned or leased by you, transfer the Software from one computer to another;
- in the case of mobile application: Download a copy of the Software onto a mobile device and view and display the Software on such device for your personal purposes only;
- provided you comply with the provisions in restrictions on use, make up to two copies of the Software and Documentation for back-up purposes; and
- receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by the Licensor from time to time.
- For desktop use, we may update the Software at any time remotely. In some cases we may need your assistance to complete a manual update to the Software. We will provide a notification in this case and the instructions to carry out the necessary update.
For the mobile application, we may from time to time automatically update the Software to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Software for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Software.
The Software (as amended by any update) shall always match the description of it that we provided to you before you bought it.
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).
Restrictions on use
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
- not to copy the Software or Documentation, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
- not rent, lease, sub-license, loan, provide or otherwise make available the Software (in whole or in part) to any person without prior written consent from us;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Software or Documentation nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Software as permitted by this Licence;
- not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software to obtain the information necessary to create an independent program that can be operated with the Software or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is used only for the Permitted Objective;
- is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the Software;
- to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
- to include our copyright notice, ‘© Copyright gamban®’, on all entire and partial copies of the Software in any form;
- not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;
- not to use the Software via any communications network; or multi-user network; or on an Operating System that allows shared use of applications or remote access;
- not use the Software in conjunction with a virtual private network (a “VPN”). Use of the Software in a VPN may cause stability issues and/or temporarily grant access to gambling sites; and
- not use the database of the Software in connection with any other software other than the Software;
- to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software.
- We are giving you personally the right to use the Software as set out in this Licence. You may not otherwise transfer the Software to someone else, whether for money, for anything else, or for free. If you sell any computer or device on which the Software is installed you must remove the Software from it before you give the computer/device to the buyer.
- not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Licence, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses or harmful data, into the Software or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Software (to the extent that such use is not licensed by this Licence);
- not use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
- not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the Software.
Intellectual property rights
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 restrictions on use.
Price and Payment
Where to find the price for the Software. The price for the Software (which includes VAT) will be the price shown on our website (https://gamban.com) (“Website”). We use our best efforts to ensure that the price of the Software advised to you is correct. However, please see condition below for what happens if we discover an error in the price of the Software. Please note that we may pro rata the price for the Software to reflect any part calendar month of the Subscription Period, dependent upon when you Download the Software.
What happens if we got the price wrong. It is always possible that, despite our best efforts, the Software may be incorrectly priced. Where the correct price for the Software at the date of the download is less than the price showing on our Website, we will charge you the lower amount. Where the correct price for the Software at the date of the download is higher than the price showing on our Website, we will contact you. If the Software download is processed where a pricing error is obvious and unmistakeable and could have been reasonably recognised by you as a miss-pricing, we may end the Licence, refund any sums you have paid and the terms of what will happen at the end of the licence will apply.
When you must pay. We accept payment through Braintree Payments. Braintree Payments will have its own terms and conditions which govern use of its payment service. You should read these terms carefully before processing payment. We will take payment for the Software on Download and at the end of the Subscription Period, where you choose to renew with us. Please note, where you have been directed to our Website through Google Play, no payment will be taken by Google Play for your use of the Software.
Voucher codes. If you have received a voucher code from us, or through one of our corporate partners, you can use this in part or full payment for the Software. You may only use one voucher code per Software download. If the voucher code does not meet the full price for the Software, you must pay the balance. We are not responsible or liable to you if you a voucher code is lost, stolen, destroyed or used without your permission. Voucher codes have no cash redemption value and are not transferable or assignable. You are not permitted to share voucher codes with any third party.
In the event that we do not have your financial details, or the financial details you have provided lapse or stop working, we will contact you for updated financial details. Your access to the Software will continue for a period of 15 days. Unless you have confirmed updated financial details by the end of this period, your access to the Software shall cease.
We warrant that:
- the Software will, when installed and properly used on the Operating System for which it was designed, perform substantially in accordance with the functions described in the Documentation; and
- the Documentation correctly describes the operation of the Software in all material respects,
for the duration of the Subscription Period (Warranty Period).
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:
- you having altered or modified the Software;
- you having used the Software in breach of the terms or conditions of this Licence;
- incompatibility with a third party anti-virus software;
- a defect or fault in your Operating System;
- your use of pirated or cracked software installed on your Operating System;
- your failure to apply an update to the Software as and when required by us; or
- in the case of an iOS Operating System, an action by you or another user of the device to uninstall the Software during the Subscription Period. Due to circumstances beyond the reasonable control of Beanstalk HPS Ltd the Software can be uninstalled from an iOS Operating System. Beanstalk HPS Ltd continues to engage with the manufacturer of the iOS Operating System to ascertain whether any action can be taken to restrict or stop uninstallation of the Software. If you have any concerns in this regard please contact us at email@example.com.
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 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.
Our responsibility for loss or damage suffered by you
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 in what to do if there is a problem with the software; and for defective products under the Consumer Protection Act 1987.
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:
- correctly following our installation instructions; or
- complying with the restrictions on use identified in restrictions on use; or
- having in place the minimum Operating System advised by us.
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 are not liable if you or a user of your device uninstalls the Software. This applies to an iOS Operating System only. Due to circumstances beyond the reasonable control of Beanstalk HPS Ltd the Software can be uninstalled from an iOS Operating System. If you or a user of your device uninstalls the Software during the Subscription Period, we will have no liability to you for any resulting loss you suffer, unless such loss falls within exclusions, exemptions or we are otherwise responsible to you for the loss under the terms and conditions of this Licence.
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.
Termination by us
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).
You must compensate us if you break the Licence. If we end the Licence in accordance with the condition 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.
Your rights to end 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 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:
- we have told you about an upcoming change to the Software by way of an automatic update or to the terms of this Licence which you do not agree to;
- we have suspended the supply of the Software for technical reasons, or notify you we are going to suspend the supply for technical reasons;
- you have a legal right to end the Licence because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). 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 in 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.
What will happen at the end of the Licence
Upon termination for any reason:
- all rights granted to you under this Licence shall cease;
- you must cease all activities authorised by this Licence, including your use of the Software; and
- you must immediately delete or remove the Software from all devices and computer equipment in your possession and immediately destroy all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
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 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.
What to do if there is a problem with the Software
How to tell us about problems. If you have any questions or complaints about the Software, please contact us by following the instructions in 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.
Summary of 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.
Other important terms
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.
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 firstname.lastname@example.org and we would be happy to help.