Collectively the Provider and the Visitors shall be referred to as the ‘Parties’.
The use of any or all of the features and services offered by the Provider on BetsHappens.com website and its mobile applications (hereafter referred to as the ‘App’) and the information, materials and links contained therein, is subject to the ToU as set out below. Unless otherwise agreed by the Provider in writing, the ToU constitute the entire relationship between the Provider and the Visitor in its use of the App including any or all of its functions on offer by the App.
The Visitor has the duty to read carefully and understand the ToU before using the App. A Visitor who has viewed the App is considered to have read, understood and agreed to be bound by the ToU, without the need for any further act.
The Provider hereby reserves the right to suspend, add, end, amend and/or supplement these ToU from time to time as it may deem appropriate.
The Provider recommends that the Visitor reads carefully the contents of these pages regularly. By using the App the Visitor agrees to be bound by the ToU, as well as by the latest modifications to them, regardless of whether in fact the Visitor is aware of such modifications.
The Provider is under no obligation to verify that all Visitors use the App according to the last updated ToU. The effective version of ToU is that which is posted on the App.
The App may only be used for lawful purposes. Use of the App for transmission, distribution, publication or storage of any material on or via the App which is in violation of any applicable law or regulation or any third party’s rights is strictly prohibited. This includes (without limitation) the use of the App or the transmission, distribution, publication or storage of any material on or via the App in a matter or for a purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libellous or defamatory, violates any privacy or data protection laws, is fraudulent or breaches any exchange control or gambling law.
In the event of misuse and/or the abuse of the App, the Provider reserves the right to close or block the Visitor from the App and close any account registered in the Visitor’s name. The Provider retains the right to bring a lawsuit against the Visitor and at its sole discretion.
It is not allowed to promote third parties websites in the commentaries or on profile picture. The Provider reserves the right to close the account.
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of BetsHappens. At its discretion, BetsHappens may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. BetsHappens does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that BetsHappens shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such BetsHappens shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
4 Third party Websites and Apps
The Visitor acknowledges that any contact whatsoever made with third parties after viewing the App, whether intended or unintended, and any outcome which ensues, is absolutely independent of the Provider and the Provider is not in any way responsible for any agreement or expectation and other consequence which ensues as a direct or indirect cause of this contact.
Any claim or dispute which may arise between the Visitor and such a third party shall in no way involve the Provider.
Third parties, including any third parties advertising on the App do not have access to the Visitors’ Personal Data and any other data that the Visitor may have given to the Provider.
5 A/V Content
The Provider is not responsible for the content of external Apps which may be viewed from the App. All video content found on the App is not hosted on the Provider’s servers nor is it created or uploaded to the host server by the Provider.
6 Inactive Accounts
If a Visitor has set up an account on the App but fails to access it for 60 days, the Provider reserves the right to close the account with immediate effect and without prior notice.
7 Intellectual Property
Without prior authorisation in writing from the Provider, Visitors are not authorised to copy, modify, tamper with, distribute, transmit, display, reproduce, transfer, upload, download or otherwise use or alter any of the content of the App.
BetsHappens is a trademark of the Brosline, S.L.. Use of the trademark and related marks is prohibited and all rights are reserved.
Any breach of the this clause may be tantamount to a violation of applicable intellectual property rights within the European Union and other applicable laws. The Provider and any other party authorised on its behalf reserves the right to seek damages to the fullest extent permitted by law against any party committing directly or indirectly this breach.
8 Type of Relationship
These ToU are not intended to create any partnership, agency or joint venture between the Provider and the Visitor.
9 Breach of ToU
If the Visitor fails to adhere to any clause in the ToU or if the Provider reasonably suspects that a Visitor whether directly or indirectly fails to comply with any clause in the ToU, the Provider reserves the right and all remedies at its disposition, and at its sole discretion, to close or block the Visitor from the App and close any account registered in the Visitor’s name and related to it and retains the right to bring a lawsuit against the Visitor at its sole discretion.
10 Legal Compliance
Visitors are advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or resident and/or present.
The Provider does not accept responsibility for any action taken by any authority against any Visitor in connection with their use of the App.
11 Law & Forum and/or community
These ToU shall be governed by and construed in accordance with the laws of the country of Malta without giving effect to conflicts of law principles. The Parties submit to the exclusive jurisdiction of the court of the country of Spain for the settlement of any disputes arising out of or concerning these ToU. These ToU will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Headings are intended for clarity and to facilitate reading of these ToU. They are not intended as a means of interpretation for the content of the paragraph that follows each heading. Headings are not intended to bind the Provider in any manner whatsoever.
Any waiver by the Provider of any breach by any Visitor of any provision of these ToU shall not be considered as a waiver of any subsequent breach of the same or any other provision of these ToU.
14.1 Warranties and Representations
It is hereby being specified that the Provider makes no representation, pledge or warranty (either explicit or implicit) that the content of the App is accurate and/or suitable for any particular purpose other than those warranties which cannot be expressly excluded under the governing law of these ToU.
Use of the App is entirely at the Visitor’s risk. The App is not a gaming or gambling App. The Provider of the App does not provide gaming or gambling services; therefore it does not hold or control player funds and it is not involved in any gaming transactions. Betting odds which are displayed on the App are part of information and functions of the App.
The Provider does not guarantee that:- any of the functions provided by the App are authorised, that the operation will fully satisfy the Visitor, that it is entirely secure and exempt from error, that it is updated regularly, that any software defect is regularly corrected, that it is uninterrupted, that the App are virus or bug free, that they are continually operational, that they are adequate, that the information and functions available thereon is reliable, or that all other information obtained and functions used on the App are adequate and reliable. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The App may contain links and references to third party websites/apps/adverts/content. Those other websites/apps/adverts/content will be subject to separate terms and conditions, normally contained in those websites/apps/adverts/content. These are provided for the convenience and interest of the Visitor and does not imply responsibility for, nor approval of, information contained in these websites/apps/adverts/content by the Provider. The Provider gives no warranty, either expressed or implied, as to the accuracy, availability of content or information, text or graphics which are not under its domain. The Provider has not tested any software located on other websites/apps and does not make any representation as to the quality, safety, reliability or suitability of such software.
14.2 Loss or Damage
The Provider is not responsible for any loss or damage, direct or indirect, that the Visitor or a third party might have suffered as a result of using the App, including but not limited to damages caused by a commercial loss, a loss of benefits, a loss on anticipated earnings, winnings or other profit, interruption of business, loss of commercial information, or any other pecuniary and or consecutive loss.
The Provider is not responsible for winnings made or losses suffered on third party websites/apps which result from the use of information displayed on the App.
Without limitation to the generality of the preceding two clauses, no responsibility is being acknowledged or accepted hereunder for, inter alia, the following matters:
- mistake(s), misprint(s), misinterpretation(s), mishearing(s), misreading(s), mistranslation(s), spelling mistake(s), fault(s) in reading, transaction error(s), technical hazard(s), registration error(s), manifest error(s), Force(s) Majeure and/or any other similar mistake(s)/error(s);
- violation of the Provider’s rules;
- criminal actions;
- advice, in whichever form, provided by the Provider;
- legal actions and/or other remedies;
- loss or damage that Visitors or third parties might have suffered as a result of their use of the App, its content or that of any link suggested by the Provider;
- loss or damage that Visitors or third parties might have suffered as a result of any modification, suspension or interruption of the App;
- criminal use of the App or of its content by any person, of a defect, or omission or of any other factor beyond the control of the Provider;
- any use made of the App due to a third party accessing the private areas requiring login and password by using a Visitor’s Username and Password;
- in case of discrepancies in the services, functions and any other feature offered by the App due to viruses or bugs as it relates to all parameters that make up the App, any damage, costs, expenses, losses, or claims brought about by said discrepancies;
- any act or omission by an internet provider or of any other third party with whom Visitors may have contracted in order to have access to the App. In case of litigation between the internet provider and Visitors, the Provider cannot be a party to the suit, and such suit shall in no way affect these ToU; and
- any claim arising as a result of damages incurred by a Visitor due to the content of any material posted by another Visitor or other third party not authorised by the Provider on the App.
In compliance with the provisions of Article 10 of Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce, the following information is disclosed to the recipients of the service:
a) Corporate Name: “BROSLINE, S.L.”
b) Address: Los Naranjos de Marbella, 23, Phase 1, 29660, Marbella, Malaga, Spain.
c) E-mail: email@example.com
d) C.I.F .: B92498054. Registered in the Mercantile Registry of Malaga. Volume: 3440, Book: 2352, Folio: 96, Sheet: MA-67091, Entry 1
Version and Date of ToU
This statement in version 1 was last updated in 03-07-2020