General Provisions
Ben Willes Games S.L., with headquarter in
Antiguo Aeropuerto de los Estancos (s/n);
Parque Tecnológico de Fuerteventura – A106;
35612 Puerto del Rosario;
Las Palmas
develops and distributes video-games. The above-mentioned video games are offered to consumers only.
Ben Willes Games S.L. games are provided exclusively on the basis of these terms and conditions.
Even without explicit objection by Ben Willes Games S.L., Terms and Conditions of the Player do not become part of this agreement.
Contract conclusion, Terms and Cancellation
The player themselves confirms that he/she is contractually capable, or that he/she has received the consent of the legal guardian.
The contract for the use of the game shall be deemed concluded from the moment the game is downloaded.
As the game is downloaded the sufficient ground arises for the contract for free usage of games between the User and Ben Willes Games S.L. to enter into its legal force.
In addition to the possibility of using free content, Ben Willes Games S.L. also offers Premium content for a fee. The use of Premium content is voluntary. In case some content is subject to a fee, the User will be notified explicitly.
The terms of use of the respective app store provider apply to the purchase of Premium content.
The User Agreement can be terminated by either party at any time without providing reasons with a period of 4 weeks, provided no Premium content was purchased with a defined runtime. Termination during the validity period of Premium content is impossible.
In the case of an ordinary termination by the User or termination by Ben Willes Games S.L. for an important reason, there shall be no refund of paid fees.
It is recommended to always install the latest version of the game.
Ben Willes Games S.L. obliges to provide the full range of services and functionality, including Premium content, only in case the current version of the game is installed.
The User cannot transfer the agreement to third parties.
Accounts and User Data
Upon conclusion of the contract and use of the game, game level progress and additional content subject to a charge will be stored in a cloud by Ben Willes Games S.L..
Further information regarding data storage can be found in the privacy policy.
The Player must select secure access data and not disclose them to any third parties. Ben Willes Games S.L. is not responsible for damages resulting from the violation of this obligation.
In case of suspicion of abuse, Ben Willes Games S.L. is entitled to temporarily block the account and thus to suspend access to the respective game.
Personalized names (user names chosen by the player, names of cities and the like) shall not violate the law.
Ben Willes Games S.L. is entitled to change personalized names without providing reasons. The Player has no claim to specific names.
In case of a violation of these regulations, other rights of Ben Willes Games S.L. remain unaffected.
Premium Content
The sale of premium content is regulated by the Terms of Use of the respective App Store.
Ben Willes Games S.L. Reserves the right to alter premium content at any time, to remove it from the offered range or to create new premium content. The already produced and presented premium content remains intact.
Simulated Currencies and Goods
As long as currencies and goods in the game are simulated, they are only units of measure, and shall not be deemed as real money or goods.
Simulated currencies or goods that can be purchased as in-game premium content cannot be converted back to real money.
Player Obligations
When using the games, the Player may not use any software, routines or services that disrupt the systems of Ben Willes Games S.L. or disturb other users.
In particular, the automated control of the games and data mining is not permitted.
The exploitation of possible programming errors to obtain Premium content avoiding payment, as well as the manipulation of the level progress in the game is prohibited. In the event that such advantages are to be obtained unjustifiably, Ben Willes Games S.L. can delete or deactivate them.
With the purpose to enforce the Terms and Conditions, their violation can lead to termination for important reasons as well as penalties will be imposed.
Rights and exemptions
Ben Willes Games S.L. is exempt from all User claims, including claims for damages, which third parties assert due to a violation of their rights through the User behavior or the User content or data.
User is also obliged to reimburse the arising costs, in particular, the costs that may arise from the legal defence that may consequently be required. This does not apply if the User is not responsible for the violation.
All further rights and claims of Ben Willes Games S.L. remain intact.
Warranty and Liability
Warranties are provided only for the current program version.
Legal provisions apply.
Changes of Terms and Conditions
Ben Willes Games S.L. reserves the right to alter the General Terms and Conditions as well as other conditions with the alterations taking precedence with effect for the future if there are valid reasons to do so.
The aforementioned reasons can be, for example, changes or additions to the game offer, as well as changes in laws or the jurisdiction.
Ben Willes Games S.L. undertakes to notify Users about the planned changes 4 weeks in advance, inside the game or by email. In case a game User does not respond or contradicts by email within the agreed 4 weeks after receiving the notification about the introduction of changes the altered Terms and Conditions shall be deemed to be automatically approved.
The details regarding the objection period are indicated separately and shall be paid attention to.
Applicable Law
The law of the Kingdom of Spain applies to these Terms and Conditions to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Consumers having their habitual residence abroad may however rely upon the mandatory consumer protection regulations of their home country.
January 2022