Terms of purchase
Do you agree to the following terms and conditions of purchase?
PLEASE READ THESE LICENCE TERMS CAREFULLY

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Hitmix Bingo Limited of 16 Peridot Close, Bridgwater, Somerset, TA6 4YU (Licensor, us or we) for:

- Hitmix Bingo computer software (Software); and
- online documentation available at www.hitmixbingo.com (Documentation).

We license use of the Software and Documentation to you on the basis of this Licence. We do not sell the Software or Documentation to you. We remain the owners of the Software and Documentation at all times.

OPERATING SYSTEM REQUIREMENTS: THIS SOFTWARE REQUIRES: (i) Windows 10; OR (ii) macOS Big Sur (version 11), OR THEIR SUCCESORS (Operating System).

AGREED TERMS

1. GRANT AND SCOPE OF LICENCE, MINOR CHANGES, UPDATES AND UPGRADES

1.1 In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Software and the Documentation on the terms of this Licence for the period set out in the Order Confirmation or until terminated in accordance with this Licence.

1.2 You may:

(a) install and use the Software for your purposes only on one central processing unit (CPU);

(b) provided it is used at any one time on only one computer owned or leased by you, transfer the Software from one computer to another;

(c) provided you comply with the provisions in condition 2, make up to one copy of the Software for back-up purposes; and

(d) receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by the Licensor from time to time (but see condition 1.3 and condition 1.4.); and

(e) use any Documentation in support of the use permitted under condition 1.1.

1.3 We may update or require you to update the Software, provided that the Software shall always match the description of it that we provided to you before you bought it.

1.4 The Software may be upgraded to reflect changes in the Operating System. The Software will work with the current or versions of that Operating System that are supported by the manufacturer (as it may be updated from time to time).

2. Restrictions

Except as expressly set out in this Licence or as permitted by any local law, you undertake:

(a) not to copy the Software or Documentation, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software or Documentation nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;

(c) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software to obtain the information necessary to create an independent program that can be operated with the Software or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

(i) is used only for the Permitted Objective;

(ii) is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

(iii) is not used to create any software that is substantially similar in its expression to the Software;

(d) to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;

(e) to include our copyright notice on all entire and partial copies of the Software in any form;

(f) not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;

(g) to determine whether a relevant music license is in place at the venue;

(h) to obtain and comply with all necessary and relevant licenses to music;

(i) to obtain and comply with all necessary and relevant licenses for gambling; and

(j) to comply with all applicable technology control or export laws and regulations.

3. Intellectual property rights

3.1 You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software or the Documentation other than the right to use the Software and the Documentation in accordance with the terms of this Licence.

3.2 You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Licence.

4. Our responsibility for loss or damage suffered by you

4.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Licence or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Licence was made, both we and you knew it might happen.

4.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

4.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

4.4 We are not liable for business losses. The Software is for domestic and private use. If you use the Software for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4.5 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.

5. Termination

5.1 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

5.2 Upon termination for any reason:

(a) all rights granted to you under this Licence shall cease;

(b) you must cease all activities authorised by this Licence; and

(c) you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

6. Communications between us

6.1 If you are a consumer, if you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by email hello@hitmixbingo.com. We will confirm receipt of this by contacting you in writing, normally by email.

6.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.

7. How we may use your personal information

7.1 We will process your personal data in accordance with SendOwl’s privacy policy, as available from https://www.sendowl.com/privacy at any time.

7.2 Each of us agrees to comply with all of our respective obligations under all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 in relation to the processing of personal data under or in relation to this Licence.

8. Other important terms

8.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

8.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.

8.3 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

8.4 Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.

8.5 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.

8.6 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 exclusively in the English courts.

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT CLICK “AGREE” AND DO NOT ATTEMPT TO ACCESS THE SOFTWARE.