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 Mfluenz, 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 Mfluenz
Mflunez, a private limited liability company under Belgian Law, with registered office at 1000 Brussels, Picardstraat 07 mailbox 100A and registered in the crossroad bank of enterprises under the number 0742.970.114, RPR Business Court Brussels, division Brussels, email@example.com
The General Data Protection Regulation, which is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
These General Terms and Conditions
Intellectual Property Rights
All of the following legal rights, title, or interest in or arising under the laws of Belgium and the European Union, 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 pronos, which is a secure online area, consultable via www.bsppronos.com, to which the Customer obtains access after purchasing a Subscription, on which personal insights are shared by Mfluenz 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 Mfluenz, as well as to all agreements concluded between Mfluenz and the Customer in the context of the Platform. Any deviations from these General Conditions are only opposable to Mfluenz subject to the explicit, prior and written acceptance by Mfluenz.
1.3. If a Customer purchases a Subscription to the Platform of Mfluenz, 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 Mfluenz itself makes.
The second part, called “masterclass zone”, gives Customers access to all the Content regarding the sports betting industry. Mfluenz 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 Mfluenz itself takes.
2.2 Mfluenz 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 Mfluenz 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 accepting these General Conditions. Mfluenz 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.
Mfluenz 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://bsppronos.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.
Mfluenz 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, Mfluenz will immediately confirm the order to the Customer by e-mail.
3.4. The Customer subscribing to the Platform via the website of Mfluenz 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. Mfluenz offers the following packages:
• PREMIUM SILVER PACKAGE: This Subscription provides access to the premium zone for three (3) months from the date of completion of the ordering process of the Subscription.
• PREMIUM GOLD PACKAGE: This Subscription provides access to the premium zone for six (6) months from the date of completion of the ordering process of the Subscription.
• MASTERCLASS GOLD PACKAGE: This Subscription provides access to the masterclass zone for an undetermined period from the date of completion of the ordering process of the Subscription.
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, including VAT.
4.3. Mfluenz reserves the right to change the prices for a Subscription at all times. Unless otherwise indicated by Mfluenz, 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 MFLUENZ
5.1. Once the Customer has purchased a Subscription and Mfluenz has received its payment, Mfluenz will create an account for the Customer with which the latter will gain access to the Platform.
5.2. Mfluenz 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 Mfluenz.
6.2. The Customer will refrain from:
• attempting to manipulate the Platform of Mfluenz by inserting computer viruses or any other computer code.
• Using any robot, spider, screen or database scraper, site research or retrieval application, or other automated device, process or means to access, retrieve any portion of Content or information on the Platform;
Using the Platform for any other purpose that cannot reasonably be held to be acceptable in light of the services and intention of Mfluenz.
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. Mfluenz 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 – AFFILIATE PROGRAM
7.1. A Customer can apply for the Platform’s Affiliate program via a link indicated on the Platform with “Affliate Program”. Mfluenz will review the application and confirm the affiliate membership to the Customer by e-mail as soon as possible.
This e-mail contains a unique link, which the Customer can transfer to potential new Customers in order for such new Customers to sign up for the masterclass gold subscription according to the terms and conditions as specified by these General Conditions. When a new Customer effectively signs up for an Unlimited Subscription through the Customer’s unique link, that Customer will receive for this sale a commission of 20 % of the total sale price for that Unlimited Subscription excluding VAT.
7.2. The commission will be paid out to the Customer on the last day of the month in which the Customer’s unique link has been used to subscribe to an Unlimited Subscription.
7.3. This payment of the commission by Mfluenz to the Customer will be executed through the online payment service PayPal. The Customer who signs up for the Affiliate Program accepts this payment method and takes the necessary steps to enable the receipt of such payment through the online payment service PayPal.
7.4. Late payment of the commission by Mfluenz does not give the Customer any right to compensation or interest.
ARTICLE 8 – COMPLAINTS
8.1. Complaints concerning the Platform, the Content or the services delivered by Mfluenz should be made as soon as possible and should be addressed to Picardstraat 07, bus 100A, 1000 Brussels. Mfluenz shall inform the Customer as soon as possible, and at the latest within fourteen (14) days after receipt of the complaint by postal mail.
8.2. The European Commission also offers consumers a platform for alternative dispute resolution. Consumers can settle their dispute relating to an online order without going to court. The online dispute resolution platform can be accessed via the following URL: http://ec.europa.eu/odr/.
8.3. If a User is established or resides in the USA, complaints based on Intellectual Property rights shall be filed by sending an e-mail to firstname.lastname@example.org containing all of the requirements as stated in Section 512 (c) (3) of the DMCA.
ARTICLE 9 – FORCE MAJEUR
9.1. Mfluenz 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 Mfluenz shall be suspended. In such a case, Mfluenz 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 Mfluenz being liable to refund or pay any compensation to the Customer.
ARTICLE 10 – TERMINATION
10.1. The Customer has the right to terminate his Subscription in case of gross negligence on the part of Mfluenz, on the understanding that the Customer must notify Mfluenz 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 Picardstraat 07, bus 100A, 1000 Brussels.
10.2. Unlimited Subscriptions can be terminated at any time, without compensation and without prior notice, by the Customer by deleting his/her/x account.
10.3. Mfluenz 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 Mfluenz has good reason to doubt that the Customer will fulfil his obligations towards Mfluenz. In case of dissolution Mfluenz 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 Mfluenz 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
Mfluenz 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:
• in case of death of the Customer;
• if Mfluenz no longer offers the platform and/or takes it offline for whatever reason.
ARTICLE 11 – INTELLECTUAL PROPERTY
11.1. Mfluenz 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 Mfluenz, 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 Mfluenz.
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:
• modify, translate or adapt any of the components of the Platform (including any software associated with it) in any way;
• decompile or disassemble any of the components of the Platform (including any software associated with it) in any way;
• copy any of the components of the Platform (including any software associated with it) in any way, except to make a back-up copy;
• transfer, dispose of, grant as a sublicense, lease, lend or distribute any of the components of the Platform (including any software associated with it) or documentation, in any way or in any form to third parties;
• merge the Platform or any component thereof into any other programs or create derivative works based on (any component of) the Platform;
• use the Platform in whole or in part or any confidential information relating thereto to create software that is functionally equivalent to the Platform or any part thereof;
• use the Platform in a way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person; and/or
• remove, obscure or alter proprietary rights notices (including trademarks and copyrights notices) which may be affixed to or contained within the Platform.
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 Mfluenz and/or its licensors without their prior written permission.
ARTICLE 12 – LIABILITY
12.1. Except in the event of fraud or willful misconduct, Mfluenz 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. Mfluenz 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 Mfluenz 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. Mfluenz cannot be held liable for the direct or indirect damages as a consequence of the unavailability of the Platform.
12.5. Mfluenz 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.
Mfluenz 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 Mfluenz 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 Mfluenz 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 MFLUENZ BE LIABLE FOR:
• ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO CLIENTELE, LOSS OF DATA, LOSS OF EARNINGS, LOSS OF PROFITS, DISRUPTION OF BUSINESS, CLAIMS FROM THIRD PARTIES, REPUTATION OR EXPECTED SAVINGS EVEN IF THE OWNER WAS ADVISED OR WAS OTHERWISE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LOSSES AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE;
• ANY DIRECT LOSS OTHER THAN CAUSED EXCLUSIVELY BY THE MFLUENZ’S OWN GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
TO THE EXTENT PERMITTED BY MANDATORY LAW AND NOTWITHSTANDING ANY PROVISION CONTAINED IN THIS AGREEMENT TO THE CONTRARY, THE AGGREGATE LIABILITY OF MFLUENZ 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 13 – DATA PROTECTION
13.1. In the context of the performance of the agreement, Mfluenz will collect and process personal data of the Customer. Mfluenz shall respect the applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679 and the national implementing legislation, and to ensure compliance with such legislation by its employees, agents, representatives and subcontractors.
13.2. Mfluenz 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. Mfluenz 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 Mfluenz to its own subcontractors/processors, affiliates, external law firms and/or governmental authorities for the purposes listed above. Personal data will not be transferred to countries outside the European Economic Area.
13.4. Mfluenz takes all reasonable measures to guarantee the confidentiality of the personal data communicated by the Customer.
13.5. Mfluenz 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. They also have the right to lodge a complaint with the supervisory authority, in Belgium this is the Data Protection Authority (https://www.dataprotectionauthority.be/).
ARTICLE 14 – 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 15 – APPLICABLE LAW AND JURISDICTION
15.1. All proposals, invoices and agreements to which these General Conditions apply shall be governed by Belgian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) of 11 April 1980.
15.2. All disputes arising therefrom shall be subject to the exclusive jurisdiction of the courts of the judicial district of Brussels, division Brussels.
ARTICLE 16 – NO WAIVER
Mfluenz 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.