Terms and Conditions

Users of the Services offered by Spring BME acknowledge and accept these terms and conditions.

Owner of Spring BME and related Services

Soft Construct Limited 

Clinch's House, Lord Street 

IM99 1RZ - Douglas 

Isle of Man 

 

VAT number: GB 004 6103 33 

 

Owner contact email: [email protected]

Information about Spring BME

SpringBME is a complete management infrastructure platform for betting and gaming businesses which includes a rich set of tools, services and technologies that allow Users to setup their business environment in just a few steps.

Introduction

This document

This document is a legal agreement between you, the User, and the entity providing Spring BME. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User,” “you,” “your” and similar terms, either in singular or plural form, refer to you, the User. “We,” “our,” “us” and similar terms refer to the corporation that owns and manages Spring BME as outlined in the present document. “Spring BME” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.

Acceptance of this Agreement

In order to use Spring BME, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.

Registration, content on Spring BME and prohibited use of Spring BME

Registration

In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential. 

 

It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credential.

Deleting User accounts and account termination

Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Spring BME or by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice. 

 

The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that: 

 

  • User has violated this Agreement; and/or 
  • User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or 
  • the use of Spring BME by the User may result in violation of law or regulations; and/or 
  • in case of an investigation by legal action or governmental involvement; and/or 
  • the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.
Content available on Spring BME

The content available on Spring BME is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause. The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device. 

Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Spring BME, nor allow any third party to do so through the User or its device, even without User's knowledge. Where explicitly stated on Spring BME, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Spring BME, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties before their publication on Spring BME. The Owner is not responsible for the content provided by third parties or for its availability.

Content provided by the User

Users are responsible for their own content and that of third parties that they share through Spring BME, that they upload and post on or through Spring BME, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service. 

The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal. 

 

In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that: 

  • other Users file complaints; 
  • a notice of infringement of intellectual property rights is received; 
  • it is decided to do so in view of, or as a result of, legal actions; 
  • said action is solicited by a public authority; or 
  • if it is believed that the content, while being accessible via Spring BME, may put at risk the Users, third parties, the availability of the Service and/or the Owner.
Rights over content provided by Users

The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Spring BME.

 

Unless stated otherwise, the following applies: By submitting, posting or displaying content on or through Spring BME, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.

Services provided by third parties

Users may use third-party services or content included in Spring BME, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.

The Service shall be used only in accordance with these Terms. 

Users may not: 

  • reverse engineer, decompile, disassemble, modify or create derivative works based on Spring BME or any portion of it; 
  • circumvent any technology used by Spring BME or its licensors to protect content accessible via it; 
  • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Spring BME; 
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Spring BME or its content; 
  • rent, lease or sublicense Spring BME; 
  • defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity); 
  • disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate; 
  • misappropriate any account in use by another User; 
  • register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Spring BME in any way; 
  • use Spring BME in any other improper manner that violates the Terms.

Terms and conditions of sale

Purchase

Paid services

Spring bme provides for additional services or subscriptions available upon payment of a fee. 

The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of Spring BME.

Purchasing process

Any order placed is an offer to purchase the Service. Orders are subject to availability and are accepted at the discretion of the Owner. Users must select the desired Service, choosing the type and duration that best suit them, and check-out only after having carefully verified the information contained in the order summary form of the order. The order is placed on confirmation of the order and is subject to payment of the amount charged in the order summary. 

The Owner reserves the right not to confirm an order, should one or more of the Services purchased be unavailable. In this case, the Owner will notify the User about the unavailability of the Services purchased as soon as possible - to the email address associated with the purchase - and will provide for a refund of any amounts paid by the User. To place an order, Users must register on the site providing the requested data. The indicated prices include taxes, fees and charges of the law applicable.

Trial period

In the event that Spring BME offers a trial period, the User will be able to experience, free of charge and for a limited period of time, some of the paid features offered by Spring BME. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service

Recurring subscription

Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.

The user must be aware that the Owner may automatically charge at the end of the trial period or at the end of the subscription period unless the User communicates their intention to cancel or not renew the subscription. In particular, if the User fails to disable the automatic renewal feature on Spring BME, they can be charged the entire amount due for the relevant subscription period. Such amount shall not be refunded by the Owner.

Automatic renewal

Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then Spring BME may be forced to cancel their subscription when it runs out.

Methods of payment

Spring bme uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way. Any declined payment costs shall be borne by the User.

Refunds

Spring bme accepts refund requests by the Users only for the portion of Service not yet provided. This means that Users can ask for a refund but the refundable amount shall not include fees for services already provided at the time of the request. The fees paid are non-refundable in the event that:

 

  • the Service has already been provided in full at the time of payment;
  • the User had not disabled automatic renewals before the expiration date and the service has been automatically renewed for an additional billing period.

If the User has reasons to believe that an error in billing took place, including without limitations, if the User is charged for services that they did not purchase or they do not receive the services they did purchase or they are charged the incorrect amount, the User is invited to contact the Owner at the contact details provided in the present document and ask for a refund or bill correction. Requests shall be processed provided that they are received within 5 days from purchase. Requests received after this period shall be evaluated at the Owner's sole discretion.

Terms and conditions of sale for Spring BME (marketplace)

Spring BME provides for a Platform where Platform Users can sell and buy products. The Platform is available at the following URL. Terms and conditions of sale are those set forth below. In case of inconsistencies or discrepancies between the terms below and those possibly given by the Seller, the latter shall prevail.

Purchasing process

Buyers must make their purchase selection and verify it attentively as displayed in the order summary. Minimum order is 100 Euro. 

 

After having verified the information displayed, Buyers may place the order by confirming it. Each order that has been placed constitutes an offer to purchase. The confirmation of the order creates for the Buyer the obligation to pay the price, taxes and possible further fees specified in the order summary. Upon submission of the order, Buyers will receive an automated receipt. Such Order Processing Receipt merely attests the order's reception and does not constitute acceptance. The acceptance of orders is subject to availability of the products and to the Owner’s or Seller's discretion. Within 5 business days of receiving the order, Buyers shall be informed whether it is accepted or not. In case the order is not accepted, a refund shall be issued.

Methods of payment

The Platform uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way. Any declined payment costs shall be borne by the Buyer.

Availability of products

Prices, descriptions or availability of the products on display are subject to change without notice. The photos posted are for representation purposes only and may not be an exact representation of the product. 

 

We will do our best to present the characteristics of the products with the greatest level of detail permitted. However, images and colors of products offered for sale may differ from the real ones due to many factors, including, by way of example, the monitor of the device in use, photographic filters, etc. Therefore, the Buyer acknowledges and agrees that any such minor differences do not constitute a lack of conformity of products.

Order completion

The Order is completed in accordance with the details specified on the order summary page and within the Order Confirmation email, subject to availability of the product ordered. The Seller or the Owner shall not be liable for damages suffered as a result of delays in delivery which are not dependent on circumstances foreseen by the parties at the time of the order confirmation.

Delivery

Deliveries are made during normal business hours at the address indicated by the Buyer and in the manner specified in the order summary. Further details about the delivery (e.g. the carrier) shall be provided in the order summary. Upon delivery, the Buyer must verify the contents specifying any anomalies in the delivery form. In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner or the Seller, who will refund the purchase price but not the shipping cost. The Seller or the Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the Buyer, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.

Rights applicable to European Buyers

Sellers on this Platform are requested to comply with the following provisions applicable to all the European Buyers if the conditions set forth under the section “Applicability of the right of withdrawal” are met.

Right of withdrawal

In case of purchase of products via Spring BME the Buyer has the right to terminate the contract without specifying the reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the products. To exercise the right of withdrawal, the User is obliged to inform the Owner or the Seller of their decision to cancel by sending an unequivocal statement to the designated contacts.

 

To this end, a template withdrawal form provided within the “definitions” section of this document is available. Buyers are, however, free to express their wish to withdraw in any other equivalent way.

Effects on withdrawal

Buyers who correctly withdraw from a contract will be reimbursed for all payments made, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery method, which would have incurred lower delivery costs) without undue delay and in any event no later than 14 days from the day on which the Owner or the Seller is informed of the Buyer’s decision to withdraw from the present contract. Reimbursements will be made using the same means of payment as used by the Buyer for the initial transaction unless the Buyer has expressly agreed otherwise; in any event the Buyer shall not incur any additional costs as a result of such reimbursement. The reimbursement may be withheld until reception of the goods, or until the Buyer has supplied evidence of having sent back the goods, whichever is the earliest.

How to return the goods

In case of exercise of the right of withdrawal, the Buyer shall send back the goods and return them to the address indicated without undue delay and in any event not later than 14 days from the day on which the Buyer communicated his/her intention to withdraw from the contract. The deadline is met if the Buyer sends back the goods before the 14 day period has expired. The Buyer shall place a copy of the delivery receipt in the package when returning the goods. The costs of returning the goods are borne by the Buyer but will be reimbursed as stated above. The Buyer is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics and functioning.

Limitations on the right of withdrawal

Damaged goods, or goods used in any way other than what is strictly necessary to establish their nature, characteristics and functioning, will not be replaced or refunded. The right of withdrawal does not apply to: goods that were made to the consumer’s specifications or clearly personalized or which, by their nature, are liable to deteriorate rapidly, are sealed and do not lend themselves to be returned for hygienic reasons or are related to health protection and were unsealed after delivery

Applicability of the right of withdrawal

The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Buyers who qualify as consumers, i.e. individuals who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.

Guarantee

The Buyer who buys as a consumer has the right to a guarantee of conformity for purchased products within 24 months of the purchase, on condition that notice is given of the defects found, within 2 months from their discovery.

 

To exercise the right of guarantee, the Buyer is obliged to contact the Seller, using the contact information contained in this document or the contact details provided by the Seller itself, and provide an accurate description of the defect. If the product is defective and such defect is acknowledged by the Seller, the Buyer has the right to a repair or replacement of the product. The Buyer also has a right to request a fair price reduction or the termination of the contract, in the following cases:

 

  • if repair and replacement are impossible or prohibitively expensive; 
  • if the Seller has not taken steps to repair or replace the goods within a reasonable period, not less than 15 days; 
  • whenever a previously carried out replacement or repair has caused significant inconvenience to the Buyer.

 

The Buyer is obliged to return the defective products.

Warranties, Indemnification and Limitation of Liability

Disclaimer of Warranties

The Owner provides the services to you strictly on an "As is" basis. To the maximum extent permitted by applicable law the Owner expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. The Owner makes no warranties or representations as to the accuracy or completeness of any “content” and assumes no liability or responsibility for any: 

  • errors, omissions or inaccuracies in any “content”; 
  • personal injury or property damage of any nature whatsoever resulting from your access to and use of the “services” and “SpringBME”; 
  • any unauthorized access to or use of our systems and/or any information accessible through such systems; any interruption of the “services”; 
  • any viruses, trojan horses, bugs, malware or the like in or transferred through the “services” or through the actions of any third party; 
  • any access to your device and/or information available through such access; 
  • any loss or damage of any kind incurred as a result of the use of the “services”. 

 

The Owner does not endorse, warrant, guarantee, or assume responsibility for any event, product or service available through the “services” or any website accessible through the “services”. No action from or on behalf of the Owner or any other source shall create any warranty not expressly stated in this agreement. Some jurisdictions do not allow the exclusion of warranties, so the above warranty exclusions may not apply to you.

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

No legal or professional advice on Spring BME

The Service provided by the Owner consists solely in providing the technical means that allow the User to quickly setup their business environment. Among the tools and online services provided by Spring BME, there are some facilities which allow the User to access some legal or otherwise financial and business related information and materials and/or get in touch with the Owner's experts on legal, financial and business subjects, including but not limited to, licensed attorneys. 

 

Your access to the materials available on Spring BME is made at your own risk and under your responsibility. If you need professional advice of any kind, you should consult an expert, also via Spring BME. Neither Spring BME nor any materials and/or information published, posted or otherwise available shall substitute any professional advice from a qualified professional including, but not limited to, a qualified attorney licensed to operate in your jurisdiction. 

 

We are not a law firm or a business consultant and your use of the Service shall not create an attorney - client relationship nor any other professional - client relationship of any kind. 

 

We do not provide a referral service of any kind. The directory of professionals available via Spring BME is provided to the public, free of charge for informational purposes only.

Your interaction with professionals via Spring BME

By using the Service provided on Spring BME you may get in touch with independent professionals, including but not limited to, licensed attorney. These professionals are not employees not agents of Spring BME. They act as independent contractors who independently carry out their professional activity and have agreed to provide online assistance via Spring BME under the umbrella of their own professional malpractice insurance, if required by the law.

 

The User who wants to communicate with any such professional must be aware of the following:

  • any interaction with the professionals available via or through Spring BME is meant to be a starting point for dealing with the matter at stake and/or addressing very basic questions related to your business. Should a client/professional or client/attorney relationship be formed during any of such interactions, such relationship takes place solely between the User and the professional, with no involvement whatsoever of Spring BME; 
  • by interacting with the professional, you acknowledge and agree that some personally identifiable information related to you or otherwise confidential information related to your business must be disclosed to the professional for the purpose of providing this particular service. Spring BME may access any such information for the sole purpose of making this interaction possible and for securing the communication between you and the professional of your choice which takes place via Spring BME; 
  • you are in control of both the duration and the depth of the relationship you establish with the professional. It's the User's sole choice to either end the relationship upon completion of the task by the professional or to engage the professional for further services in their area of expertise; 
  • if you enter any further and separate agreement with the professional of your choice please note that your relationship with such professional shall be on whatever terms are set forth in this agreement. Spring BME shall not be part of this agreement and have no control on its terms, including but not limited to, limitation of liability terms or fees of the professional.

 

Spring BME does not receive any share on such fees as referral service is explicitly excluded from our Services; * Spring BME shall never influence or interfere in any way with any professional's independent professional judgment. Any professional has the right to refuse to perform a service on your behalf at their sole discretion.

 

Spring BME makes no representation or warranties as to the qualification or competency of the professionals or as to the accuracy and completeness of the service provided by them.

Spring BME SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL SERVICES RENDERED BY ANY PROFESSIONAL YOU ENCOUNTER ON OR THROUGH OUR WEBSITE, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.

Limitation of Liability for the Platform

Limitation of liability for the marketplace service
Sale and purchase over the Platform

Users in particular acknowledge and accept that the Owner is not involved in sales and purchases by Platform Users qualifying respectively as Sellers or Buyers over Spring BME. This means that Sellers and Buyers are solely liable for respectively offering and purchasing over Spring BME and for the binding obligations resulting thereof. In particular, the Owner shall not bear any liability for:

 

  • any pre-contractual statement, claim or description of the goods or services offered over Spring BME; 
  • the existence of any applicable license, authorization, qualification or other official permit allowing Sellers to offer specific good or services over Spring BME, as may be required by applicable law; 
  • the Buyers' eligibility (e.g. in terms of age, solvency etc.) for the purchase of a specific good or service offered over Spring BME, as may be required by applicable law; 
  • the performance of contracts or binding agreements for the provision of goods or services closed by Platform Users over Spring BME, including but not limited to the conformity of goods and product safety; 
  • any claim based on partial, incorrect or failed performance of binding agreements closed over Spring BME.

Software license and intellectual property rights

Intellectual property rights

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Spring BME are, and remain, the exclusive property of the Owner or its licencors and are protected by the laws in force on trademarks and by related international treaties.

 

All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Spring BME are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.

Filing claims under DMCA

Joint provisions

Age eligibility

By registering on Spring BME, you represent and warrant that you are an adult according to the legislation in your country. We do not accept registration of Users who are minors according to their legislation.

Providing the service

From time to time the Owner may change certain aspects of the Service, such as adding or deleting certain features. The Owner may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Owner will work with you to enable you to withdraw your information in accordance with applicable law. The Services might not be available at times you expect it, whether because of software or network problems or events that are known as “Force Majeure” such as acts of God, labor actions and other disruptions beyond the reasonable control of the Owner. The Services might not be available also because the Services are undergoing maintenance.

Privacy policy

For information about the use of their personal data, Users must refer to the privacy policy of Spring BME which is hereby considered to be part of these Terms.

Changes to this Agreement

The Owner reserves the right to amend or otherwise modify this Agreement at any time, informing you by publishing a notice through SpringBME or otherwise communicating with you. Such changes will only affect the relationship with you for actions after you have accepted the new Agreement. Previous versions, which are archived by the Owner, will govern the relationship prior to your acceptance. You can email the Owner for a copy of any previous version. Your continued use of the Services after such changes will signify your agreement with and acceptance of this Agreement with its revised terms. If you do not wish to be bound by the changes, then your only recourse is to discontinue the use of the Services.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications relating to Spring BME must be sent using the contacts stated in this document.

Cancellation and termination of the Agreement

You may terminate the Agreement by cancelling your account at anytime by sending an email at the email address provided in the present document and then following the specific instructions provided in our response. Notwithstanding the provisions set forth under the section “Deleting Users accounts and account termination”, we reserve the right to terminate the Agreement and cancel your account in the following cases:

 

  • in case of discontinuation of the Service; 
  • in case you fail to honour your obligation to pay for the Services you purchased; 
  • in case we suspect that you have engaged in any fraudulent or, in general, illegal activity in connection with Spring BME or in case of your infringement of the Agreement; 
  • if requested to do so by any public authority for any reason.

 

without prejudice to any further action we may bring before the competent Courts in order to protect and safeguard our rights. Upon termination of the Agreement by either party for any reason:

 

  • we will cease providing you with the Service and you will no longer be able to access your account; 
  • unless otherwise stated in the Agreement, you will not be entitled to any refunds of any fees, pro rata or otherwise and 
  • the content that you published (if any) will be taken offline unless it has been used by the Owner for advertising and/or promotional purposes or shared by any other Users of Spring BME.
Entire Agreement

This Agreement, together with the Privacy Policy and any other legal notices published by the Owner constitute the entire agreement between Owner and you concerning the Services.

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

No Waiver

The Owner’s failure to assert any right or provision under this Agreement shall not constitute a waiver of any such right or provision. Any waiver shall not be deemed a further or continuing waiver of such term or any other term.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.

An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.