Users of the Services offered by BetConstruct acknowledge and accept these terms and conditions.
Soft Construct (Malta) Limited
Luxe Pavilion, 2nd level, Diamonds International Building
STJ 4010 - Portomaso, St. Julians
This document is a legal agreement between you, the User, and the corporation which runs BetConstruct for your use of it 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 like terms, either in singular or plural form, refer to you, the User. “We,” “our,” “us” and like terms refer to the corporation which owns and manages BetConstruct as outlined in the present document. “BetConstruct” refers to the website available at the following URL www.betconstruct.com and its subdomains owned by us. “Agreement” refers to this document, as amended from time to time. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
In order to use BetConstruct, you must read carefully and agree to this Agreement and accept this Agreement by clicking the button for acceptance. If you don’t accept this Agreement you cannot use the Service.
BetConstruct is an online space through which the Owner presents and promotes its software as a service (Saas) solutions that allow professionals to build their own gaming or gambling Software or other technical tools (also related to statistics, live scouting data and other corporate analytics tools). Such professionals may also send a request to join the network of the Owner’s commercial partners. BetConstruct has the mere purpose to showcase and present the Owner Saas solutions. No commercial transaction takes place on BetConstruct.
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of BetConstruct 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:
The content available on BetConstruct 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 BetConstruct, nor allow any third party to do so through the User or its device, even without User's knowledge.
Where explicitly stated on BetConstruct, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through BetConstruct, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Users are responsible for their own content and that of third parties that they share through BetConstruct, that they upload and post on or through BetConstruct, 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 operate any kind of moderation on the content published by the User or by third parties, but may decide to suspend or interrupt the visualisation of said content in the event that:
By submitting, posting or displaying content on or through BetConstruct, 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.
The Owner does not moderate the content or links provided by third parties before their publication on BetConstruct. The Owner is not responsible for the content provided by third parties or for its availability.
Users may use third-party services or content included in BetConstruct, 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:
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: (I) ERRORS, OMISSIONS OR INACCURACIES IN ANY “CONTENT”; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE “SERVICES” AND “BetConstruct”; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS AND/OR ANY INFORMATION ACCESSIBLE THROUGH SUCH SYSTEMS; (IV) ANY INTERRUPTION OF THE “SERVICES”; (IV) ANY VIRUSES, TROJAN HORSES, BUGS, MALWARE OR THE LIKE IN OR TRANSFERRED THROUGH THE “SERVICES” OR THROUGH THE ACTIONS OF ANY THIRD PARTY; (V) ANY ACCESS TO YOUR DEVICE AND/OR INFORMATION AVAILABLE THROUGH SUCH ACCESS; AND/OR (VI) 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.
YOU USE BetConstruct AND CONTENT AT YOUR OWN RISK. IN NO EVENT WILL THE OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME; LOSS OF REVENUES, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF CUSTOMER DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF DAMAGES, OR EXCLUSION OF DAMAGES IS SEVERABLE FROM AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.
Except in the event of Owner’s gross negligence or willful misconduct, you agree to defend, indemnify and hold harmless the Owner, its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, advisors and agents thereof, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from: (i) your use of the Service; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
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 earthquakes, labor actions, strikes and other disruptions beyond the reasonable control of the Owner. The Services might not be available also because the Services are undergoing maintenance.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning BetConstruct are, and remain, the exclusive property of the Owner or its licensors 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 BetConstruct 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.
BetConstruct grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software and/or any other technical means embedded in the Service provided by BetConstruct. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with these Terms and/or any other applicable rules.
User is required to use the Service in accordance with Owner’s intellectual and industrial property rights.
The Software related to the Service, like any other copyright or other intellectual property rights, are the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Software, and acknowledges that their use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under these Terms.
The right to use the Software, does not grant any rights to the original source codes. All techniques, algorithms, and procedures contained in the Software and their documentation are information protected by copyright and sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in these Terms.
All rights and license grants to the User shall immediately terminate upon any termination or expiration of this agreement.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use BetConstruct.
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within BetConstruct.
Users who continue to use BetConstruct after the publication of the changes accept the new Terms in their entirety.
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.
All communications relating to BetConstruct must be sent using the contacts stated in this document.
Each provision of this Agreement shall be construed as separately applying and surviving even if for any reason one or other of these provisions is held to be inapplicable or unenforceable in any circumstances.
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.
These Terms have been written and reviewed in the English language. Any translations into any language other than English are to be considered mere translations. In case of any discrepancy or inconsistency, the English language text shall prevail in any event.
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.
The service provided by BetConstruct as described in these Terms and in BetConstruct.
Any user of the Service, whether a human being or legal entity.
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
The rules set forth in Chapter 378 of the Laws of Malta.
The software embedded in the Service provided by the Owner.