What these terms cover. These are the terms and conditions on which we supply products to you, whether these are services (automated betting and gambling analysis) or digital content (our app), each a “product”, together “the products”.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
Information about us and how to contact us
Who we are. We are Kicker Software Limited a company registered in England and Wales. Our company registration number is 11387442 and our registered office is at 47 Boutport Street, Barnstaple, Devon, EX31 1SQ.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms this includes emails.
Our contract with you
the terms of service;
the end-user licence agreement.
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product(s). This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description of the product(s).
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Products may vary slightly from their pictures. The images of the products on our website and any app-store are for illustrative purposes only and the products may vary slightly from those images.
Your rights to make changes. If you wish to make a change to the product(s) you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product(s), the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
Hardware AND OPERATING SYSTEM requirements
The app requires a Windows device with a minimum of 2GB of memory and the Windows 7 (or higher) operating system running .NET v4.5.2 (or higher) with at least 10GB of free hard drive space.
We may change our operating systems requirements or cease to provide the app in accordance with clause 6 of these terms. If we do make changes to our operating system requirements or cease to provide the app, we will inform you in accordance with clause 6.
Our rights to make changes
Minor changes to the products. We may change the product:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of the product.
More significant changes to the products and these terms. In addition, as we informed you in the description of the products on our website and in the app-store, we may make changes to these terms or to the products you have ordered, but if we do so we will notify you before the changes are made and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
Providing the products
When we will provide the products.
If the product is digital content (for example, our app). We will make the digital content available for download once we accept your order.
If the products are ongoing services or a subscription to receive digital content (for example, automated analysis services delivered via our app). We will supply the services to you until either the services are completed or the subscription expires (if applicable) or either party ends the contract in accordance with our terms of business.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
What will happen if you do not give required information to us. We may need certain information from you before we can supply the products to you, for example, confirmation that you are over 18. If so, this will have been stated in the description of the products on our website or in the app store. We will ask for this information when you first access our services or register with us. If you give us incomplete or incorrect information, we will end the contract (and clause 10.2 will apply). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information when we ask for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes;
update the product(s) to reflect changes in relevant laws and regulatory requirements; or
make changes to the product(s) as notified by us to you (see clause 5).
Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than one week we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one week and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to we will suspend supply of the products until you have paid us the outstanding amounts (see clause 12.5). We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended.
Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get some or all of your money back), see clause 11;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided. This does not affect your statutory rights. The reasons are:
we have told you about an upcoming change to the products or these terms which you do not agree to (see clause 6.1.2);
we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one week; or
you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
digital products after you have started to download or stream these; or
services, once these have been completed, even if the cancellation period is still running.
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
Have you bought services (for example analysis of hands via our app)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
Have you bought digital content for download or streaming (for example, our app)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed. A contract for digital content is completed when the product is downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the products until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the products after 3 March.
How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by contacting us using the details at clause 2 above.
How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the services for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us that you have changed your mind.
Our rights to end the contract
We may end the contract if you break it. We may end the contract at any time by writing to you if you do not:
make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due; or
provide us with information that is necessary for us to provide the products, for example, confirmation that you are over 18.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct a percentage of the refundable money as compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the products. We will let you know at least one month in advance of our stopping the supply of the products and will refund any sums you have paid in advance for products which will not be provided.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about our app and/or services, please contact us using the contract details at clause 2 above.
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is digital content, for example our mobile phone app, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 8.3.
If your product is services, for example betting and gambling analysis, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
Price and payment
Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you place your order https://www.kickersoftware.com/product/kicker-poker-software/. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product you order.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay depends on what product you are buying:
For digital content, you must pay for the products before you download them.
For services, we will invoice you either monthly or annually in advance for the services depending on the nature of your subscription. Each invoice is payable immediately and services will not be delivered until paid.
If for any reason we (through our third party payment provider) cannot take payment in respect of the Price from your registered credit or debit card when payment falls due, we reserve the right to make further requests for payment as we consider necessary. If payment cannot be taken, we reserve the right to suspend the services immediately.
If you have benefitted from a free trial of the services and the free trial period has expired, your credit or debit card (as registered with us in accordance with clause 12.3) will be charged for the upcoming month on the first day following expiry of the trial period and on each monthly anniversary thereafter unless you cancel the services in accordance with these terms.
We reserve the right to cancel or withdraw any introductory offer, including any free trial period, at our sole discretion. We will notify you in writing if we intend to do so and you may cancel your contract with us in accordance with these terms (see clause 6.2).
We may vary the prices charged for the services. We may increase the price charged for our services on an annual basis with effect from 1 January in line with the percentage increase in the Retail Prices Index in the preceding 12 month period. The increase shall be based on the latest figure available for the percentage increase in the Retail Prices Index at the beginning of the last month of the previous 12 month period.
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. For example, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2.
We are not liable for financial loss where you have relied on any advice within the app. You acknowledge that the app provides an automated service for entertainment purposes only and do not offer any advice on which you should rely. Although we make reasonable efforts to ensure that the information provided by the service is up to date and accurate, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date and therefore your use of any such information is entirely at your own risk. You should exercise your own judgment when gambling and obtain professional or specialist advice before taking, or refraining from taking, action on the basis of information obtained via the app and/or the services.
You acknowledge that the app and services have not been developed to meet your individual requirements. Please check that the facilities and functions of the service meet your requirements.
We are not liable for business losses. We only supply the products for domestic and private entertainment purposes. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our total liability to you in respect of all other losses arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid to us by you in connection with the services in the month preceding the date directly giving rise to such liability.
The app or services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control and we are not responsible for and have not checked or approved their content or their privacy policies (if any). You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy and products or services offered by them and we do not have any responsibility or liability to you for any loss or damaged incurred as a result of your accessing any other independent websites via our website, app or services.
How we may use your personal information
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 1 month of us telling you about it and we will refund you any payments you have made in advance for services not provided.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Centre for Effective Dispute Resolution (CEDR) via their website at https://www.cedr.com/. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution