End User Licence Agreement
END USER LICENCE AGREEMENT FOR gamban®
(DESKTOP USE AND APPLICATION ON MOBILE DEVICES VIA GOOGLE PLAY)
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.
1. 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),
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.
2. 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.
3. 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, 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
- Microsoft Windows minimum requirements: 4GB RAM, Intel Core 2 Duo CPU, 100mb storage
Mobile application 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.
Not compatible with IOS
each an “Operating System”.
If your computer/device does not meet the requirements of the Operating System you should not download
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:
4. INFORMATION ABOUT US – HOW TO GET SUPPORT AND TELL US ABOUT PROBLEMS
4.1. 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.
4.2. 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 email@example.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).
4.3. 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.
5. OUR CONTRACT WITH YOU
5.1. 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).
5.2. Our contract with you, this Licence, is formed when you Download the Software.
5.3. You must be 18 or over to accept these terms and buy the Software.
5.4. 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.
6. GRANT AND SCOPE OF LICENCE, MINOR CHANGES, UPDATES AND UPGRADES
6.1. In consideration of you making payment for the Software in accordance with condition 8 below (PRICE AND
PAYMENT) and you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a nonexclusive,
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:
(a) one month, where payment is made by a voucher code;
(b) six months, where payment is made by a voucher code; or
(c) one year,
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.
6.2. 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 condition 4 (INFORMATION ABOUT US) or amend your preferences
within the Account Management function.
6.3. You may:
(a) in the case of desktop use: (i) install and use the Software for your personal purposes on one central
processing unit (CPU); and (ii) 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;
(b) in the case of mobile application: (i) Download a copy of the Software onto an android mobile device
and view and display the Software on such device for your personal purposes only;
(c) provided you comply with the provisions in condition 7 (RESTRICTIONS ON USE), make up to two copies
of the Software and Documentation for back-up purposes; and
(d) 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 (but see
conditions 6.4, 6.5 and 6.7 below).
6.4. 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.
6.5. 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.
6.6. The Software (as amended by any update) shall always match the description of it that we provided to you
before you bought it.
6.7. 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).
7. RESTRICTIONS ON USE
7.1. Except as expressly set out in this Licence or as permitted by any local law, you undertake:
(a) 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;
(b) 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;
(c) 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
(d) 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
(i) is used only for the Permitted Objective;
(ii) 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
(iii) is not used to create any software that is substantially similar in its expression to the
(e) 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;
(f) to include our copyright notice, ‘© Copyright gamban®’, on all entire and partial copies of the
Software in any form;
(g) 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;
(h) 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;
(i) 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
(j) not use the database of the Software in connection with any other software other than the Software;
(k) to comply with all applicable technology control or export laws and regulations that apply to the
technology used or supported by the Software.
7.2. 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.
7.3. You must:
(a) 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;
(b) 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);
(c) 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
(d) 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.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. 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.
8.2. 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.
8.3. 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).
9. PRICE AND PAYMENT
9.1. 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 9.2 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
9.2. 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 mispricing, we may end the Licence, refund any sums you have paid and
the terms of condition 14 will apply (see WHAT WILL HAPPEN AT THE END OF THE LICENCE).
9.3. 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.
9.4. 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.
9.5. 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.
10.1. We warrant that:
(a) the Software will, when properly used on the Operating System for which it was designed, perform
substantially in accordance with the functions described in the Documentation; and
(b) the Documentation correctly describes the operation of the Software in all material respects,
for the duration of the Subscription Period (Warranty Period).
10.2. 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.
10.3. The warranty does not apply if the defect or fault in the Software results from:
(a) you having altered or modified the Software;
(b) you having used the Software in breach of the terms or conditions of this Licence;
(c) incompatibility with a third party anti-virus software;
(d) a defect or fault in your Operating System;
(e) your use of pirated or cracked software installed on your Operating System; or
(f) your failure to apply an update to the Software as and when required by us.
10.4. 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.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1. 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.
11.2. 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.
11.3. 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:
(a) correctly following our installation instructions; or
(b) complying with the restrictions on use identified in condition 7 (RESTRICTIONS ON USE); or
(c) having in place the minimum Operating System advised by us.
11.4. 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.
11.5. 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
11.6. 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.
12. TERMINATION BY US
12.1. 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).
12.2. 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
13. YOUR RIGHTS TO END THE LICENCE
13.1. 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:
(a) 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;
(b) we have suspended the supply of the Software for technical reasons, or notify you we are going to
suspend the supply for technical reasons;
(c) you have a legal right to end the Licence because of something we have done wrong.
13.2. 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.
13.3. 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.
13.4. If you need to contact us to terminate the Licence please do so by following the instructions in condition 4.1
(INFORMATION ABOUT US).
14. WHAT WILL HAPPEN AT THE END OF THE LICENCE
14.1. Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must cease all activities authorised by this Licence, including your use of the Software; and
(c) 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.
14.2. 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).
14.3. 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
15. WHAT TO DO IF THERE IS A PROBLEM WITH THE SOFTWARE
15.1. 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 4.1 (INFORMATION ABOUT US).
15.2. 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.
16. DATA PROTECTION
16.1. 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.
16.2. We will only give your personal information to third parties where the law either requires or allows us to do
16.3. Further information on how we handle your personal information can be found in our privacy notice on our
16.4. 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.
16.5. 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.
17. OTHER IMPORTANT TERMS
17.1. 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.
17.2. 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.
17.3. 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.
17.4. 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.
17.5. 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.
17.6. 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.
17.7. 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.
17.8. 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.
Ready to Protect Yourself or Others?
Just download the app from the store. Simple, nice and user-friendly application.