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TERMS AND CONDITIONS

A. INTRODUCTION

 

1. By using, visiting and / or accessing any part (including, but not limited to subdomains, source code and / or API of the site, whether or not visible) of the Service or mobile applications of BetOven.es (the “Service” ) and / or register for the Service or applications that belong to us or operate, you agree to be bound by (i) these Terms and Conditions, to (ii) our Privacy Policy , (iii) and our Cookies Policy applicable to our service (jointly called all of them, the "Conditions"), accepting and understanding all the Conditions.

 

Read all the Terms and Conditions carefully and if you decide not to accept them, do not use, download, visit or access any part (including, but not limited to subdomains, source code and / or API of the site, whether or not visible) of the Service. 

 

2. References to "BetOven", "we" and "our", will be made in relation to: ArbRoast, SL, a company incorporated in Spain, (with commercial register No. 3,150 and NIF B88473681) with registered office at Francisco Silvela Street 73, 2ºC.

 

3. References to "you", "yours", "partner" or "collaborator" will be made in relation to any person who uses the Service in order to market it among other natural persons, having access to the partner interface BetOven and contact the developers of BetOven. It can be both natural and legal persons.

 

4. References to “customers”, “beneficiaries” or “final beneficiaries” will be made in relation to the natural persons among whom the partners market the service. BetOven members will refrain from having any contact with said beneficiaries, and we assume no responsibility for the agreements or actions arising from the relationship between customers and partners, or any performance of the former.

 

5. References to “the houses”, “the bookmakers”, “the houses with which BetOven operates” or the “bookies” refer to the companies that operate bets with which the BetOven software interacts, which are Bet365 , Bwin, 888sport, Paf, Wanabet, Sportium, WilliamHill and MarathonBet. These expressions can refer to all or only some of them, and must be interpreted in the widest possible sense.

 

6. The Service is not a financial tool, and cannot be used outside the field of sports betting.

 

7. The service is not a bookmaker, and at BetOven we do not organize any type of bets, nor do we offer them to our customers.

 

8. The Service consists of the analysis of the data offered by the bookmakers, the generation of Surebets and their execution.

 

9. It may be necessary to modify these Terms and Conditions for a number of reasons (such as adapting to applicable laws and regulatory requirements). All modifications will be published on the website of the Service and customer acceptance of the modified version thereof will be required. In the event that any change is unacceptable to you, you must stop using the Service and / or close your profile.

 

10. It is necessary to take into account that using the sports betting products offered by the companies with which the Service works may be illegal in some countries (as is the case in the USA). It is your responsibility to ensure that such access and / or use of the Service is in accordance with the laws applicable in your jurisdiction and that bets are not illegal in the territory in which you reside.

 

B. THE “PARTNERS”

 

1. The partners, by registering and accepting these Terms and Conditions, agree to use the Service in exchange for the payment of money. The payment terms are developed in section E. ITS FINANCES. The "partners" can use the service with their own accounts in the bookmakers, or with those of the clients that they had contacted, and will have full autonomy to manage them.

 

2. The "partner" is responsible for paying its obligations with respect to BetOven, even if its main source of income is commissions for the benefits of customers.

 

3. The "partner" or customer understands that when using the Service, BetOven assumes no additional obligation to inform, prevent or train you in any way. 

 

4. BetOven will not be responsible for any illegal activity incurred by partners or customers, especially regarding phishing activities to gain access to new accounts in bookmakers. 

 

5. To acquire the condition you must be accepted by BetOven as such. Any person who wishes can contact us to become a partner, but access to such condition will in no case be free.

 

6. BetOven reserves the right to not be able to offer its services to certain partners or customers, if it deems appropriate, without the need to justify or give any explanation. 

 

7. The partner will refrain from the transfer of BetOven materials, or the mere communication of their existence, to any possible BetOven competitor, bookmaker or representative thereof. By accepting these Terms and Conditions, the partner agrees to indemnify BetOven for an amount of 100,000.00 euros in case of breach of this point. 

 

C. BETOVEN PROFILE AND BET HOUSES

 

1. All partners or beneficiaries of the Service must be over 18 years of age and have the legal capacity to register and bet on any of the bookmakers with which the Service operates, and not be subject to any legally established prohibition . BetOven will not be in any way responsible for the breach of the law in force in this section by any of its users or beneficiaries. 

 

2. Request personal information from partners

 

3. All information provided when registering on the websites of the bookmakers with which BetOven operates must be accurate and complete, and in accordance with the Terms and Conditions of the bookmakers themselves. BetOven will not be in any way responsible for any sanction or suspension of account applied by the houses for breach of this point. 

 

4. We will have the right to suspend or restrict access to BetOven in any way we deem relevant, in case of suspicion that a user is breaching the law regarding the information provided to the bookmakers.

 

5. BetOven allows all its customers to choose their username and password. Clients must keep said information in the strictest confidence since they are responsible for any information they enter within the Service. 

 

6. If, at any time, you know or suspect that a third party knows your username and / or password, you must change them immediately through the Service. If you have forgotten part or all of your username and password combination, please contact us.

 

7. The updated balance and the transaction history of the client's sub-user may be consulted at any time after a session is initiated in their profile in the Service.

 

8. The management of the sub-users will be entirely the responsibility of the client, from where he will be able to control the accounts of the clients in his charge. All the steps you make of them are under your responsibility 

 

D. SUSPENSION AND CLOSURE OF THE PROFILE

 

1. In case you want to close your profile, contact us. Unless otherwise, your BetOven profile will never have a negative balance. Any negative balance present in the account of said client, due to any error, will be immediately payable and payable to BetOven and its profile will not be closed until the amount in question due to BetOven is paid in full.

 

2. BetOven reserves the right to close or suspend a customer's profile at any time and for any reason. Notwithstanding this, BetOven will have the right to close or suspend a customer's account, especially in the event that:

(a) You become insolvent;

(b) BetOven considers that you have used the Service fraudulently or for illegal or unfair and / or inappropriate purposes;

(c) BetOven considers that you have used the Service unfairly or have deliberately cheated or have taken unfair advantage of BetOven or any of its customers;

(d) The police, a court or any regulatory authority requires it from BetOven;

(e) The client contravenes the Conditions, the applicable regulations or the good uses and customs;

(f) BetOven considers that any of the situations mentioned in points (a) through (e) may have occurred or are likely to occur; or

(g) The client profile is considered inactive and the game account balance is or reaches zero.

 

3 In the event that BetOven closes or suspends your profile for any of the reasons mentioned previously in points (a) to (f), you will be responsible for any claims, losses, damages, costs and expenses incurred or suffered by BetOven ( as a whole, "Claims"), and you must indemnify and return BetOven to such Claims. 

 

4. Voluntary closing of the profile: You have the right to close your profile at any time, as long as your corresponding game account does not show a credit balance, which can only happen in case of error that will be corrected as soon as BetOven is aware of the incidence. You must contact us to request the closure of your profile. You waive any right over the balance in your account, or the return of the money equivalent to it.

 

5. BetOven will apply a maintenance commission to all registrations of inactive users after a minimum period of 365 days according to the following procedure: a profile is considered inactive in which the following actions are not taken: 

(i) a satisfactory income; 

(ii) use of the balance of BetOven.

 

6. If the profile of a client lacks activity for a period of 365 days, it will be considered inactive and, if the balance in the game account is zero, we will close the profile without applying any commission.

 

7. If, if an inactive profile is considered, the game account has a positive balance, BetOven will take the appropriate measures to notify the customer via the email address provided when registering as a customer.

 

8. If the profile remains inactive 20 days after BetOven's first attempt to notify the client that its profile is inactive, BetOven will zero its balance into account and proceed to delete it.

 

9. If the client decided to reopen his account after the process described in point 8 was applied, it would start with zero balance.

 

E. YOUR FINANCES

 

1. BetOven uses a point system, which functions as a credit for the use of the Service, with an equivalent in money. Points are sold out as the Service is doing Surebets. 

 

2. Unless otherwise specified, all amounts of money are expressed in Euros.

 

3. The points available can be checked through the application of the Service, and can only be acquired by those who have a partner account. 

 

4. The initial ratio is 200 points for each euro paid to BetOven. This relationship may be modified in favor of the partner, in a private contract between both parties. The partner agrees to keep secret about the conditions of said contract, especially with respect to other partners, agreeing to pay compensation of 50,000.00 euros for breaching this section.

 

5. Money payments in exchange for points will be considered service provision, and we issue invoice for them. VAT, or any other indirect tax, will always be assumed by us when calculating the relationship between points and money.

 

6. BetOven will not offer points credits to its customers (Deliveries of points before the payment of money), unless this is specifically mentioned in the agreement between the parties, being the conditions agreed therein.

 

7. The benefits obtained from bonuses, prizes or other promotions by bookmakers will not be counted by BetOven as benefits, and will not be used to account for point spending. The distribution of the same will be linked to the agreement reached by the partner and the client, leaving BetOven out of it.

 

8. BetOven does not offer money back in general for its Service. In the event that such return is requested due to error or our fault in any other way, the partner must contact us and explain the situation. The decision on whether the refund is finally made will be taken unilaterally by the person in charge of the BetOven financial area, and if it considers that the return is appropriate, it would be carried out in any account from which the partner has made payments previously. We reserve the right to charge you the amount of these expenses incurred.

 

9. If an error is committed by the Service, the possible damage caused by the Service may be returned in the form of points in the partner's Betoven account, leaving said decision at the sole discretion of BetOven members. Such restitution would be made for the full amount of the damage caused, following the proportion between money and points that governed the relationship between BetOven and the partner at that time. 

 

10. BetOven does not charge for payments made with a debit / credit card, although some issuers may charge a cash advance fee. Please check this with your card issuer for more information.

 

11. We reserve the right to use any positive balance in your game account, to compensate for any amount that the customer owes to BetOven.

 

12. It will be the partner's responsibility to report their gains and losses to the tax authorities and / or other competent authorities in their jurisdiction.  

 

13. It will be the clients' responsibility to report their gains and losses to the tax authorities and / or other competent authorities in their jurisdiction. BetOven assumes no responsibility for the tax obligations of its customers or beneficiaries.

 

F. USE PROCEDURES

 

1. BetOven will limit itself to providing the software in what its Service consists. It is not obliged to provide any type of infrastructure that is necessary for the development of its activity, notwithstanding that it could provide it in the future.

 

2. Under no circumstances will BetOven provide accounts in bookmakers to its partners or customers.

 

3. The client will be responsible for the provision of funds in their accounts in bookmakers to develop the activity for which the Service is designed. The management of the income and withdrawal of funds may be agreed between the partner and the client, BetOven being left out of any agreement made between them and disclaiming responsibility for them. 

 

4. Only the betting register offered on the websites of the bookmakers will be valid. BetOven offers one for information purposes only, based on the bookmakers, which has no legal validity.

 

5. The odds at which the bets have been accepted will be those that appear in the betting register of the particular house. 

 

6. It could be the case that the computer equipment and Internet connection of a client affects the performance of the Service. BetOven does not guarantee that the Service will work without any failure or error, or that BetOven services will be performed without interruption. BetOven will not be responsible for any failure or problem that arises due to a client's computer equipment, its Internet connection or the telecommunications service provider (including, for example, if the customer cannot place bets, or see or receive certain information in relation to particular events).

 

7. BetOven accepts no responsibility for possible damages, losses, or loss of profits that are alleged to have been caused directly or indirectly by BetOven or its content.

 

8. BetOven disclaims contractual and extra-contractual liability (including negligence) or for infringing legal obligations or in any other way, which has caused, directly or indirectly, the following:

  1. Loss of benefits;

  2. Business loss;

  3. Loss of income;

  4. Loss of opportunities;

  5. Loss of information;

  6. Reputational damage; or

  7. Any other loss or damage.

 

Regardless of whether such losses were foreseeable by the parties at the date of signing these General Conditions.

 

G. TECHNICAL AND SOFTWARE PROBLEMS

 

1. The partner or client must download software to use the Service. Also, some third-party products may require the customer to accept the additional conditions that govern the use of their products. BetOven accepts no responsibility in relation to any third-party software vendors.

 

2. You may only use any or all of the software available through the Service in order to use the products offered therein and within the scope permitted by current regulations, for any other purpose.

 

3. We hereby grant you the right, not exclusive, to use the software in question for the sole purpose of enjoying the Service provided by us, in accordance with the provisions of point 4.

 

4.1 You are not authorized to: 

  1. Enter, access or attempt to enter or access or otherwise avoid the BetOven security system, or otherwise interfere (including, but not limited to robots or similar devices) with the Service, or attempt to make modifications in the software and / or any function or component thereof; 

  2. Modify or translate any user document provided 'online' or in electronic format. 

  3. Likewise, and except to the extent that it is permitted by Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law, in relation to computer programs, You are not authorized to:

(i) Translate, use reverse engineering techniques, decompose, disassemble, modify, create derivative works totally or partially from the software or modify it in any way, or; 

(ii) Use reverse engineering techniques, decompose, disassemble, modify, adapt, translate, try to discover the source code of the software or create derivative works totally or partially from the software.

 

4.2 The client does not own the software or the attached documentation on property. Both are the exclusive property of BetOven. The use of the software does not grant you any intellectual property rights over it.

 

4.3. The software is provided "as is" without any warranty, condition, commitment or statement, explicit or implied. Hereby BetOven excludes all conditions and implied warranties (including any merchantability, satisfactory quality and suitability for a specific purpose). BetOven does not guarantee that: 

(a) the software meets the customer's requirements; 

(b) the software does not infringe the intellectual property rights of third parties; 

(c) its operation lacks errors or is not interrupted; 

(d) any defect in the software is fixed; or 

(e) that the software or servers lack viruses.

 

4.4 In the event that communications or system errors occur in relation to any type of transaction made in the account, other functions or components of the software, BetOven and the provider of such software will be exempt from liability to the customer or third parties with respect to to these mistakes. In the event that such errors occur, BetOven reserves the right to eliminate the products in question from the Service and take any other measures to correct said errors.

 

4.5 The customer or partner hereby acknowledges that the way in which he uses the software is beyond BetOven's control. Therefore, the client installs and / or uses the software at his own risk. BetOven will in no way be liable to the client or third parties regarding the reception / use of the software.

 

4.6 The software may include confidential information, which is secret and valuable to BetOven. The customer will not have the right to use or disclose such confidential information.

 

5. Although BetOven strives to maintain the availability of the Service 24 hours a day, BetOven is exempt from liability in the event that the Service is not available at any time or for any period of time. We reserve the right to make changes or corrections, alterations, suspend or discontinue any aspect of the Service and the content of the services available through it, including customer access.

 

6. You must not use the Service improperly by introducing viruses, Trojans, worms, logic bombs or other malicious or harmful material from a technical point of view. You should not, in particular, try to access without proper authorization, interfere, damage or interrupt the normal operation of the Service or any of its components; any computer equipment or Internet network where the Service is hosted; any software used in connection with the Service of the Service; or any computer equipment, software or Service that is owned by third parties. You must not attack our Service through DoS attacks (denial-of-service, denial of service attack). We will not be liable in the event that our Service suffers from DoS attacks, nor by viruses or other technically harmful material that may infect the client's computer equipment, computer programs, data or other material owned by you as a result of your use of the Service or due to the download of any material in said Service, or in any Service linked to it.

 

7. In the event that the Service contains links to other websites and third-party resources, these will be provided exclusively for informational purposes. BetOven has no control over the content of such websites and resources, and will not assume any responsibility for any loss or damage arising from its use. The inclusion of a link to a third party website does not imply our approval of the website, product or services of third parties (if applicable).

 

8. BetOven will not be responsible for any errors related to bets, including cases in which: 

  1. There is an 'obvious error' in the odds / handicap / totals / amount of bet closed / edit bets that appear in the bookmakers; 

  2. Bookmakers continue to accept bets on closed or suspended markets; 

  3. Bookmakers incorrectly calculate or pay a certain amount, including cases where a bet is closed for the total value of the given amount.

  4. Incorrect fee.

  5. Incorrect cancellation 

  6. Wrong encounter.

  7. Wrong market.

 

However, BetOven agrees to refund in the form of points any amount that could have been lost by the partner for any of these causes.

 

9. In the case of Surebets that could not be closed due to a change in fees, these will be considered Valuebets, and therefore, beneficial for the partner or customer. They will be left open. BetOven is not responsible, nor is it obligated to refund in any way, the amount of a lost Valuebet. The earned Valuebets will be computed for the purpose of discount points.

 

10. BetOven may change or modify the services offered through the Service at any time and for any reason.

 

11. From time to time, all of the Service or part thereof may not be available due to a maintenance service of the Service and / or alterations or corrections in any of the products of the Service.

 

H. OUR INTELLECTUAL PROPERTY RIGHTS

 

1. The contents of the Service are under the protection of international intellectual property laws. The owner of these rights is BetOven, with all rights reserved. 

 

I. COMMUNICATIONS BETOVEN AND THE PARTNERS

 

1. BetOven may send an electronic newsletter, in the form of emails to the addresses provided during registration, to partners. BetOven is not responsible for the non-receipt of such emails, or for their reclassification as spam.

 

2. BetOven will maintain a dissemination channel with its partners in which it will communicate news about the Service, software updates, usage, conditions and others.

 

3. BetOven staff will strive to maintain a fluid and constant communication with partners. However, you will not be obliged at any time to attend to it, and will do so in the manner and time they decide.

 

J. CLAIMS, CONFLICTS, CURRENT LAW AND JURISDICTION

 

1. In case of claim or conflict arising from a current or past transaction, contact us.

 

2. BetOven will try to resolve the claims coming from the clients within one week from the presentation of the same.

 

3. In the event that it is not resolved or the client does not agree with the solution given by BetOven, both parties may refer the dispute to an arbitration body, such as the Independent Betting Adjudication Service (IBAS) or the platform of online dispute resolution (RLL), whose decision will be final (except in the case of a manifest error), as long as all the parties involved are represented. 

 

4. By accepting these terms and conditions and / or making use (authorized or not) of BetOven services (either through the Service or otherwise) and / or by using, visiting and / or accessing any part ( including, but not limited to subdomains, source code and / or API of the site, whether or not visible) of the Service, you irrevocably agree that the Spanish courts will have exclusive jurisdiction in the determination of any dispute arising from or in relation to these Conditions. Without prejudice to the foregoing, BetOven has the right to take action against the client in a court of the country where the client resides, in the case of this being other than Spain.

 

K. OTHER CLAUSES

 

1. The partner acknowledges and agrees to respect the content of these Terms and Conditions, as well as the Privacy Policy, the Cookies Policy, and any additional guide or rule included in the Service, without prejudice to any individual agreement that may have been reached. with BetOven. 

 

2. The rights and compensation established in these Terms and Conditions are cumulative and (unless otherwise specified) do not exclude other rights or actions that the law may grant.

 

3. If any provision contained in these Terms and Conditions is recognized as invalid or not applicable by a court or by a competent administrative body, such invalidity or non-applicability will not affect the other provisions contained in these Terms and Conditions, which will remain in vigor.

 

4. BetOven will not be responsible for deficiencies or delays in fulfilling its obligations in cases and circumstances beyond its control including (such as, but not limited to: any failure in the communications network, power failures, failures in the hardware or software of third-party computers, fires, lightning, explosions, floods, severe weather, strikes or closures, terrorist activities and acts of the competent government authorities that preclude or hinder their activity.In such circumstances, the performance time will be extended for a period equivalent to the period in which the performance of said obligation has not taken place.

 

5. The Privacy Policy, the Cookies Policy, and any document expressly mentioned in them and any guide or norm set forth in the Service, constitute an integral part of these General Conditions and will have full effect, as if they conformed these Terms and Conditions .

 

6. The validity of these Terms and Conditions will be indefinite until the partner or BetOven cancel or terminate the General Conditions or until BetOven modifies them, for which it will be necessary the express acceptance of the client of the modified version of the same so that The changes take effect on the client and BetOven.

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