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BETENSURED SUBSCRIPTION SERVICES TERMS OF USE
Betensured ("Betensured") offers the Betensuredplus Subscription Services (defined in Section 1), and any person who wishes to use the Betensuredplus Subscription Services must agree to these Betensured Subscription Services Terms of Use ("Betensured Website Terms"). Betensured Website Terms are incorporated by reference, and together with these Betensured Subscription Services Terms of Use are referred to collectively as the "Agreement."
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE BETENSUREDPLUS SUBSCRIPTION SERVICES. BY REGISTERING FOR OR USING A BETENSURED SUBSCRIPTION SERVICE, YOU (ON BEHALF OF YOURSELF) AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING ALL GUIDELINES AND POLICIES INCORPORATED BY REFERENCE.
CHANGES TO THIS AGREEMENT:
Betensured may change any of the terms and conditions contained in this Agreement, including any policies and guidelines governing the Betensured Subscription Services, at any time in its sole discretion. You are solely responsible for reviewing the Betensured Site and informing yourself of all applicable changes. YOUR CONTINUED USE OF THE BETENSURED SUBSCRIPTION SERVICES AFTER BETENSURED'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. "Betensured Site" means the website that has its primary home page identified by the URL www.Betensured.com (and any successor or replacement website(s)), including any subdomain of such website.
1. The Betensured Subscription Services. During the Term, subject to your compliance with this Agreement, Betensured will make certain services available to you ("you" or "Customer") based on the subscription level you choose (each, a "Betensured Subscription Service"), which may include the following:
1.1 Betensuredplus Services. Betensured may provide you with exclusive features such as Full Featured Tournaments, Free Bet Wallet Funding, Free Gift Cards (Netflix, Amazon, Spar, etc.), and Other Unique Values that offer members values keep you winning; with Betensured.
2. Fees; Tax.
2.1 Fees: Betensured may charge you fees to use the Betensuredplus Subscription Service(s). The current fees and payment policies are accessible through the account management portal on the Betensured Site. Betensured may change those fees and payment policies from time to time and inform you of any changes to the fees or payment policies by a post on the Betensured Site or by contacting you at the email address you provided during registration. Suppose you do not agree to the new fees and payment policies. In that case, your sole remedy will be to terminate this Agreement, and you must cease using the Betensured Subscription Services upon expiration of your current paid-up subscription period.
2.2 Tax: Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees (and any penalties, interest, and other additions to that) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT, excise taxes, sales and transaction taxes, and gross receipt taxes ("Indirect Taxes"). You will provide such information to Betensured as reasonably required to determine whether Betensured is obligated to collect Indirect Taxes from you. Betensured shall not collect, and you shall not pay, any such Indirect Tax or duty for which you furnish Betensured a properly completed exemption certificate or a direct pay permit certificate or for which Betensured may claim an available exemption from Indirect Tax. All payments made by you to Betensured under this Agreement will be made free and clear of any withholding or deduction for taxes. Suppose any such taxes (for example, international withholding taxes) are required to be withheld on any payment. In that case, you will pay such additional amounts as are necessary so that the net amount received by Betensured is equal to the amount then due and payable under this Agreement.
3. Your Obligations
3.1 Registration Information. You will provide accurate, current, and complete information as required by Betensured during the registration process and keep such information updated. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password.
3.2 Your Account; Indemnification. You are solely responsible for Your Site and Your Materials (defined below) and ensure that you comply with the requirements of this Agreement. Betensured expressly disclaims all liability relating to Your Account
In addition to your indemnity obligations under the Betensured Website Terms, you agree to defend, indemnify, and hold harmless Betensured and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers, and licensors, from any claims, costs, losses, damages, judgments, and expenses, including but not limited to reasonable attorneys' fees, arising out of or in connection with Your Site, Your Materials, or your actual or alleged violation of this Agreement.
In addition, Your Materials may not:
include any content or other information that (i) you do not own or have the lawful right to license to Betensured in accordance with this Agreement; (ii) infringes the intellectual property rights or violates the privacy rights of any person or entity; (iii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iv) is obscene or profane; or (v) promotes or undertakes illegal activities;
contain or be offered in connection with any viruses, spyware, "Trojan horses," or other "malware" or harmful code; or
display or otherwise use the Intellectual Property (as defined herein) other than as expressly permitted in this Agreement.
3.3 Privacy. You may not use the Betensured Subscription Services to track or collect any PII, and you may not alter any Betensured Code or other Betensured Services from the form provided to you by Betensured to collect any additional Personal Data.
4. Licenses
4.1 License Grant to Betensured, and without limiting any of the other licenses you grant in this Agreement, you hereby grant Betensured and its affiliates a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to Your Submitted Materials, Your Trademarks, Content, data, information, photographs, images, videos and other materials and items you provide or make available to Betensured (collectively, "Your Materials") including, without limitation, the right to use, reproduce, perform, display, distribute, adapt, modify, reformat, and create derivative works of Your Materials as reasonably required to provide the Betensured Subscription Services. "Trademark" means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia, or any other source or business identifier, protected or protectable under any applicable Laws. "Content" means copyrightable works under applicable law.
4.2 License Grant to You. Subject to your compliance with this Agreement, Betensured hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-sublicensable license solely during the Term to install, copy and use the Betensured Code solely as necessary to enable Betensured to provide the Betensured Subscription Services to you. You may not:
reverse engineer, disassemble, or decompile any portion of the Betensured Subscription Services or apply any other process or procedure to derive the source code of any software included in or accessed in connection with this Agreement;
rent, lease, sell, assign, distribute or otherwise transfer rights in or to the Betensured Code.
4.3 Reservation of Rights. Betensured reserves all rights and licenses not expressly granted in this Agreement; Betensured grants no licenses or rights, express or implied or by estoppel to you other than those expressly outlined in this Agreement. Without limiting the immediately preceding sentence, you do not obtain any rights under this Agreement or otherwise to Traffic Data other than those rights explicitly granted to you under this Agreement.
4.4 Use of Intellectual Property. All intellectual property associated with the Betensured Subscription Services (the "Intellectual Property"), excluding Your Materials, are protected by copyrights, trademarks, service marks, or other proprietary rights that are either owned by Betensured or parties who have licensed their intellectual property to Betensured. You may use the Intellectual Property solely in connection with the license granted under Section 4.2. Betensured may modify any Intellectual Property provided to you at any time, and upon notice, you may use only the modified Intellectual Property and not the old Intellectual Property. Other than as specified in this Agreement, you may not use any Intellectual Property. You must immediately discontinue the use of any Intellectual Property as requested by Betensured at any time.
5. Limitation of Liability.
IN NO EVENT SHALL BETENSURED SERVICES LIMITED., OR ANY OF THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EVEN IF BETENSURED HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES. FURTHER, OUR AND OUR AFFILIATES' AND LICENSORS' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES WILL BE LIMITED TO THE AMOUNT YOU PAY BETENSURED UNDER THIS AGREEMENT FOR THE BETENSURED SUBSCRIPTION SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
6. Term and Termination
6.1 Term and Termination: The Term of this Agreement will start on the date of your registration for or use of a Betensured Subscription Service, whichever occurs first, and continue until terminated by you as provided in this Agreement (the "Term") or us. Either party may terminate this Agreement for any or no reason by providing the other party written notice of termination in accordance with Section 7.
6.2 Effect of Termination: Upon termination of this Agreement for any reason, you will immediately stop using any Betensured Subscription Services (which includes cancellation of any Betensured Code immediately from Your Site), and all rights and licenses Betensured granted you in this Agreement will automatically and immediately terminate; except that fees accrued in connection with the Services as of the date of termination, if any, Sections (1-9), and (solely in accordance with its terms) will survive termination. If you or we terminate the Agreement for convenience, you may continue using the Betensured Subscription Services through the expiration of your current paid-up subscription period. For the avoidance of doubt, termination of this Agreement (if any) will not occur until the expiration of any such paid-up subscription period. Upon termination, we may remove Your Materials and any other customizations that have been made to Your Site Detail Page.
6.3 Subscription Fees: You may cancel your Betensured Subscription Services and (subject to Section 6.2) terminate this Agreement at any time by visiting the account management portal on the Betensured Site and adjusting your subscription settings accordingly. Suppose you cancel your subscription within 24 hours; your outstanding balance would be reverted within three business days. In that case, we will refund your subscription fee for that month, and you will not be able to access any Betensured Subscription Services after such cancellation. If you cancel your subscription after that, you will not receive a refund of any fees already paid for the applicable subscription period.
7. Notices
7.1 To You: Except as otherwise set forth herein, notices made by Betensured under this Agreement that affect Betensured's customers generally (including you) may be posted on the Betensured Site or emailed to Betensured's customers. Notices made by Betensured under this Agreement to you or relating to your account specifically, such as notices of breach and/or suspension, will be provided to you via the email address you provided to Betensured during the registration process or in any updated email address, you provide to Betensured in accordance with standard account information update procedures Betensured may make available from time to time. Your responsibility is to keep your email address current, and you will be deemed to have received any email sent to any such email address upon Betensured's sending of the email, whether or not you receive the email.
7.2 To Betensured: For notices made by you to Betensured under this Agreement and for questions regarding this Agreement or the Program, you may contact Betensured.
8. Miscellaneous Provisions
This Agreement, which includes the Betensured Website Terms and constitutes the entire Agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof, oral or written.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Betensured's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Betensured's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing. Whenever used in this Agreement, unless otherwise specified: (a) the terms "includes," "including," "e.g.," "for example," "for instance," "such as" and other similar terms are deemed to include the term "without limitation" immediately after that; and (b) the phrases "we may," "we will determine" and other similar terms mean Betensured may decide the applicable matter in its sole discretion.
You may not assign this Agreement without Betensured's prior written consent, including any assignment by operation of law in connection with a merger, acquisition, sale of assets, or change of control. Subject to that restriction. Betensured may (a) perform any of its obligations or exercise any of its rights under this Agreement through one or more of its affiliates and (b) assign this Agreement to a Betensured affiliate or in connection with any merger, reorganization, sale of all or substantially all of Betensured's assets or any similar transaction without your prior written consent.
Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership, or any employer/employee or fiduciary or franchise relationship between you and Betensured (or any of its affiliates).
The Customer will comply with the terms of any nondisclosure agreement in place with Betensured. If no such agreement exists, Customer and its representatives will protect and keep confidential the existence of this Agreement, its terms, and conditions and any other information obtained from Betensured in connection with this Agreement or related to the Subscription Services that is identified as confidential or proprietary or that, given the nature of such information or the manner of its disclosure, reasonably should be considered confidential or proprietary.
COMPANY REGISTRATION: RC 1325155
REGISTERED COMPANY ADDRESS
Kay's Court (Beside Blenco Supermarket), Addo Road, Ajah, Lagos, Nigeria.