ARTICLE 1 – DEFINITIONS AND SCOPE OFAPPLICATION OF THE GENERAL TERMS AND CONDITIONS
1.1. In these General Terms and Conditions the undergoing terms are defined as follows:
A program (as set out under article 7) for which Customers can register, after which they will receive a unique link with which they can have new Customers sign up for an Unlimited Subscription and for which the registered Customer will receive a commission on the sales price of the unlimited subscription, which has been signed up to through his/her unique link.
Any type of content or material that is uploaded to or posted on the Platform by The Company, including images, videos, text elements, audio elements, GIFs/memes and any other type of content or material in whatever way or form.
Any natural person purchasing a subscription for purposes that are outside their business, craft or profession.
Any natural person whose personal data is collected, held or processed by The Company
The Company is a private LLP company located in Kinburn Street 32, London SE16 6DW, UK with company house number OC447390
These General Terms and Conditions
Intellectual Property Rights
All of the following legal rights, title, or interest in or arising under the laws of UK, any state, any other country or international treaty regime, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired, including all renewals thereof: (i) patents, patent applications and patent rights, including any such rights granted upon any reissue, re-examination, division, extension, provisional, continuation or continuation-in-part applications, and equivalent or similar rights anywhere in the world in inventions and discoveries; (ii) rights associated with works of authorship and literary property rights, including, but not limited to, copyrights, copyright applications and copyright registrations, and moral rights; (iii) rights relating to know-how or trade secrets, including but not limited to ideas, concepts, methods, techniques, inventions and other works, whether or not developed or reduced to practice, rights in industrial property, customer, vendor and prospect lists, and all associated information or databases, and other confidential or proprietary information; (iv) industrial designs, industrial models, utility models, certificates of invention and other indicia of invention ownership; (v) trademarks, service marks, logos, trade dress, Internet addresses (URLs), trade names and service names, whether or not registered, and the goodwill associated therewith; and (vi) any rights related to data bases (v) any rights on software (vii) any rights analogous to those set forth in the preceding language and any other proprietary rights relating to intangible property anywhere in the world.
BSP Consult, which is a secure online area, consultable via www.bspconsult.com, to which the Customer obtains access after purchasing a Subscription, on which personal insights are shared by The Company with regard to the sports betting industry, and more specifically with regard to its own analyses of different sports events.
The access to the Platform gained by Customers by purchasing a subscription, whereby they have the choice between three packages. The duration of access to the Platform depends on the chosen package, as set out in article 4.1.
1.2. These General Conditions apply to proposals, offers and/or invoices issued by The Company, as well as to all agreements concluded between The Company and the Customer in the context of the Platform. Any deviations from these General Conditions are only opposable to The Company subject to the explicit, prior and written acceptance by The Company.
1.3. If a Customer purchases a Subscription to the Platform of The Company, this means that they fully and unreservedly agree to these General Conditions.
ARTICLE 2 – NATURE OF THE SERVICES
2.1 The Platform consists of two parts.
The first part, called “premium zone”, gives Customers access to all the Content regarding analyses around sport events that The Company itself makes.
The second part, called “masterclass zone”, gives Customers access to all the Content regarding the sports betting industry. The Company own insights are shared via, amongst others, videos and via an instant messaging technology on which different type of sports betting related content is shared that The Company itself takes.
2.2 The Company does not provide advice on financial planning within the meaning of the Act of 25 April 2014 on the status and supervision of credit institutions and stock exchange companies and therefore does not fall within the scope of this latter Act.
ARTICLE 3 – FORMATION AND ELEMENTS OF THE CONTRACT
3.1. All proposals and/or offers made by The Company are non-binding, unless otherwise indicated.
3.2. In order to purchase a Subscription and thus make use of the Platform, the Customer must be 18 years or older. The Customer declares to be 18 years or older by registering to the services of The Company.
The Company cannot be held liable if the Customer turns out not to be of legal age.
If the laws of the country, state or province where Users reside require a higher minimum of age, they acknowledge and agree that they must be of that minimum age in order to set up and account and make use of the Platform.
The Company may ask for additional age or identity verification at all times.
3.3. To purchase a Subscription and thus place an order, the Customer must follow the ordering process as set out on the website of the Platform under [https://bspconsult.com/dashboard/]. the Customer must fill in his/her customer details and choose a payment method, whereby the Customer can use a promotional code if available. In the next step, an overview of the desired order is displayed in detail. It is the Customer’s responsibility to verify the order and, if necessary, to correct any input errors before placing the final order.
The Company hereby reserves the right to ask for any additional information if necessary.
By fulfilling the ordering process, the Customer places a binding order for the Subscription and undertakes to pay for it. After the Customer has placed the order, The Company will immediately confirm the order to the Customer by e-mail.
3.4. The Customer subscribing to the Platform via the website of The Company agrees that the service will be provided immediately after purchase, and that Subscription to the Platform will commence as soon as the purchase process (as described in section 3.3.) is completed. Pursuant to Article VI.53, 13° of the Economic Law Code (“CEL”), the right of withdrawal for consumers provided for in Articles VI.47-VI.53 CEL does not apply.
ARTICLE 4 – PRICE AND PAYMENT
4.1. The price of a Subscription depends on the package the Customer chooses. The Company offers the following packages:
4.2. The price for each Subscription package is the price as mentioned on the website of the Platform on date of the purchase of the Subscription. The prices for the Subscription are the total prices to be paid.
4.3. The Company reserves the right to change the prices for a Subscription at all times. Unless otherwise indicated by The Company, a change of price will have no effect on current Subscriptions which are ongoing at the time of change.
4.4. The Customer must make the payment when placing the order on the website of the Platform. Payment is possible via the payment method Stripe.
ARTICLE 5 – OBLIGATIONS OF THE COMPANY
5.1. Once the Customer has purchased a Subscription and The Company has received its payment, The Company will create an account for the Customer with which the latter will gain access to the Platform.
5.2. The Company will upload new content to the Platform on a regular basis, in addition to the fixed content that is available for consultation on the Platform. Any delay in uploading content cannot, in the event of unforeseen circumstances, give rise to compensation or termination of the agreement.
ARTICLE 6 – USE OF THE PLATFORM
6.1. The Customer shall use the Platform in good faith and in accordance with these General Conditions.
In order to access and use the Platform, Customers may be required to have certain compatible hardware and software (which may be subject to a fee due to a third party), which is their sole responsibility. Periodic updates may also be required. Customer’s use of the Platform may be affected by the functioning of all these elements which are not under the control of The Company.
6.2. The Customer will refrain from:
Using the Platform for any other purpose that cannot reasonably be held to be acceptable in light of the services and intention of The Company
6.3. The account that the Customer uses to gain access to the Platform belongs solely to the Customer. It is prohibited for the Customer to give his/her password to another person or to use the username and password of another person.
6.4. Any breach of the General Conditions will result in immediate termination of the Subscription, without the Customer being entitled to claim any compensation. The Company reserves the right to claim compensation for any direct or indirect damage suffered as a result of the breach of the General Conditions.
ARTICLE 7 – COMPLAINTS
8.1. Complaints concerning the Platform, the Content or the services delivered by The Company should be made as soon as possible and should be addressed to firstname.lastname@example.org. The Company shall inform the Customer as soon as possible, and at the latest within fourteen (14) days after receipt of the complaint by postal mail.
ARTICLE 8 – FORCE MAJEUR
9.1. The Company shall not be liable and not be bound to fulfil any obligation towards its Customer in case of force majeure.
9.2. Force majeure is understood to mean: any unforeseeable event beyond the reasonable control of the parties or any foreseeable event the consequences of which cannot reasonably be avoided, which wholly or partly prevents, delays, or substantially complicates the execution of the agreement. This includes, but is not limited to: fire, flood, war, embargo, riots, the actions of any governmental authorities, administrative measures, hacking, contractual failures by third parties, errors or delays attributable to third parties, sudden illness and network/internet/telecom failures.
9.3. In the event of force majeure, the obligations of The Company shall be suspended. In such a case, The Company will make all reasonable efforts to limit the consequences of the force majeure situation.
9.4. In the event that the Platform is not accessible for a period exceeding one (1) week due to demonstrable force majeure, the Customer is entitled to an extension of their subscription for the period during which the Platform was not accessible. Demonstrable force majeure never leads to a refund of paid Subscriptions.
9.5. If the force majeure lasts longer than one (1) month, the Customer shall be entitled to unsubscribe without court intervention and without The Company being liable to refund or pay any compensation to the Customer.
ARTICLE 9 – TERMINATION
10.1. The Customer has the right to terminate his Subscription in case of gross negligence on the part of The Company, on the understanding that the Customer must notify The Company of the termination and the reason(s) therefore within fourteen (14) days after the discovery of the gross negligence, which needs to be addressed by post to the following adress: The Company – Kinburn Street 12, London SE16.
10.2. Subscriptions can be terminated at any time, without compensation and without prior notice, by the Customer by deleting his/her/x account.
10.3. The Company is entitled to terminate the Subscription of the Customer at all times, with immediate effect, without judicial authorization, without prior notice of default and without payment of any compensation, in the following cases: (i) if the Customer, in spite of written notice of default whereby a term of at least seven (7) calendar days is observed, remains in default with the (timely and proper) fulfilment of one or more obligations arising from the General Conditions; or (ii) if The Company has good reason to doubt that the Customer will fulfil his obligations towards The Company. In case of dissolution The Company also reserves the right to claim compensation for the costs, interest and damage it has suffered and all its receivables from the Customer will be immediately due and payable.
If The Company decides to terminate a Subscription, it will notify the Customer by email outlining the reasons for this decision. If the Customer feels that the termination was not justified, he/she/x has the opportunity to file a request for review of the decision. Requests should be directed at the following email address: email@example.com
The Company will not bear any responsibility for any loss suffered as a result of a suspension, termination and/or investigation of a request.
10.4. The Subscription will be terminated by operation of law:
ARTICLE 10 – INTELLECTUAL PROPERTY
11.1. The Company and/or its licensors are the owner(s) or beneficiar(y)(ies) of the Intellectual Property Rights in or relating to the Platform and/or services of The Company, including all kinds of documentation and services provided in the context of branding, media planning and online marketing.
11.2. The Customer shall fully and unconditionally respect all Intellectual Property Rights associated with the services of The Company.
11.3. The Customer declares that the Content may not be copied, reproduced, redistributed, recorded, transmitted, performed, framed, linked or shown to the public, broadcast or made available to the public, or used for any other purpose.
11.4. Without prejudice to Customers’ rights relating to the protection of computer programs, Customers may not:
11.5. Nothing contained in the Platform shall be construed as granting any license or right to make commercial use of any trademark, Intellectual Property right or copyrighted material of The Company and/or its licensors without their prior written permission.
11.6 If the Customer violates any of paragraphs of article 11 in these terms and conditions, then the costumer forfeits to The Company an immediately payable fine of €10 000 for each violation and in addition an amount of 10% of the above mentioned amount for each day that such violation continues.
ARTICLE 11 – LIABILITY
12.1. Except in the event of fraud or willful misconduct, The Company shall not be liable for any incidental, indirect or consequential damages resulting from the use of the Platform or from the temporary inability to consult the Platform.
12.2. The Content on the Platform is intended to be informative only. The Company makes every effort to ensure the accuracy of this information, but cannot be held liable for any damage arising as a result of incorrect or incomplete information.
12.3. If the Customer makes decisions on the basis of the Content made available on the Platform, these decisions are made at the Customer’s own risk and The Company cannot be held liable for the consequences of these decisions in any way.
12.4. The Customer acknowledges and agrees that the Platform may become temporarily unavailable due to a variety of causes, including but not limited to software failure, protocol changes by third party providers, internet outages, force majeure event or unscheduled maintenance, or other causes either within or outside its control. The Company cannot be held liable for the direct or indirect damages as a consequence of the unavailability of the Platform.
12.5. The Company is not liable for any damage or interruption caused by any (i) computer viruses, spyware, Trojan horses or other malware that may affect the Customer’s computer or other equipment, (ii) SMS, e-mail services and other (authentication) services which might be vulnerable to spoofing and phishing attacks.
12.6. USERS REPRESENT THAT THEY HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE PLATFORM AND THE POSSIBLE RISKS INVOLVED IN USING THE PLATFORM. USERS AGREE TO MAINTAIN THEIR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
The Company reserves the right at all times, for any reason, and without notice to: (i) restrict, deactivate, suspend and/or terminate access to the Platform (or any part thereof); and (ii) modify or discontinue providing the Platform (or any part thereof). Customers acknowledge and agree that The Company will not be liable to them or any third party for any termination, suspension or modification to the Platform regardless of the reason for such termination, suspension or modification. Customers acknowledge and agree that their only right with respect to any dissatisfaction with any modification or discontinuation of the Platform made by The Company is to terminate the use of the Platform.
WITHOUT LIMITING THE FOREGOING AND UNLESS SPECIFICALLY PROVIDED OTHERWISE BY APPLICABLE MANDATORY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR:
TO THE EXTENT PERMITTED BY MANDATORY LAW AND NOTWITHSTANDING ANY PROVISION CONTAINED IN THIS AGREEMENT TO THE CONTRARY, THE AGGREGATE LIABILITY OF THE COMPANY UNDER THE AGREEMENT FOR ANY AND ALL LOSSES SUFFERED OR INCURRED BY USERS AND WHICH IS NOT SPECIFICALLY EXCLUDED HEREIN, SHALL NOT EXCEED THE PRICE PAID BY THE CUSTOMER FOR ITS SUBSCRIPTION IRRESPECTIVE OF THE LEGAL GROUND INVOKED INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTIES, TORT OR ANY OTHER LEGAL THEORY.
ARTICLE 12 – DATA PROTECTION
13.1. In the context of the performance of the agreement, The Company will collect and process personal data of the Customer. The Company shall respect the applicable data protection legislation, including the General Data Protection Regulation
13.2. The Company may collect the following personal data: name, surname, address, telephone and/or cell phone number, gender, date of birth, bank account number and email address. The Company hereby acts as a data controller and will process the data for the purposes of customer management, accounting/finance, invoice (dispute) management and direct marketing. For electronic direct marketing communications prior opt-in will first be sought.
13.3. Such data may be communicated by The Company to its own subcontractors/processors, affiliates, external law firms and/or governmental authorities for the purposes listed above.
13.4. The Company takes all reasonable measures to guarantee the confidentiality of the personal data communicated by the Customer.
13.5. The Company shall provide the data subjects with a right to access the personal data concerning them and, if applicable, a right to demand correction or deletion of (erroneous) data, or a right to restriction of processing or to data portability, but only insofar as the legal criteria to exercise such rights are fulfilled and if proof of identity is provided. Any individual also has the right, free of charge and upon request, to oppose any use of his/her data for direct marketing purposes.
13.6. If data subjects have any questions or complaints about the exercise of their rights and/or the processing of their personal data, they can always obtain further information by sending an e-mail to firstname.lastname@example.org.
ARTICLE 13 – INVALID PROVISIONS
The terms of the General Conditions shall always be interpreted in a manner that does not affect their validity or enforceability under the applicable law. In the event that one or more provisions are declared invalid, illegal or unenforceable, in whole or in part, this shall not affect the validity and enforceability of the remainder of that provision or of these General Conditions. Moreover, in such an event, the parties shall amend the invalid, illegal or unenforceable provision or any part thereof and/or agree on a new provision, in such a way as to reflect as closely as possible the purpose of the invalid, illegal or unenforceable provision.
ARTICLE 14 – APPLICABLE LAW AND JURISDICTION
15.1. All proposals, invoices and agreements to which these General Conditions apply shall be governed by the UK law
15.2. All disputes arising therefrom shall be subject to the exclusive jurisdiction of the courts of the judicial district of London
ARTICLE 15 – NO WAIVER
The Company failure to enforce any provision of these General Conditions or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision.
32 Kinburn Street – SE16 6DW London