Terms and Conditions

BestPlay App As at: 15.02.2023

§ 1 General

These terms of use (in the following referred to as the “Terms“) apply to the mobile applications BestPlay (hereinafter each the “App” or the “Service”) which is available in the Google Play store for smartphones or tablets.

The Terms apply to any person (hereinafter referred to as the “User” or jointly referred to as the “Users”) using the App by entering your e-mail address or through the single sign-on of Facebook or Google Plus, in the App’s dialogue window or menu item provided for this purpose. 

The developer of the App is BestPlay SRL (in the following referred to as „BestPlay SRL“), registered with the Romanian Commercial Register.

E-Mail: [email protected]

§ 2 About the App

The App is an offer to present further gaming applications of BestPlay SRL (hereinafter the “Preset Apps”) and enables the User to participate in a reward or bonus programme for the active use of the Preset Apps. The User can earn virtual in game currencies (in the following “Coins”) by playing games via the App which may be redeemed against gift cards, premium payment or other rewards, if the User interacted regularly with third party promotions or advertisements.

The App offers Users the possibility of collecting Coins for the use of the Preset Apps. The Preset Apps for which Coins can be collected, the number of Coins which can be earned per App and the time and content limitation of special offers or special campaigns relating to individual Coins and rewards are established solely by BestPlay SRL and can be changed by the BestPlay SRL at any time without giving reasons. The User has no legal entitlement in this respect.

§ 3 Registration/Sign up

The usage of the App requires the registration as well as the set-up of a user-account on the App or via Facebook log-in. The User must fill in all required fields in the sign-up sheet truthfully and completely. By clicking on the button “Complete registration“, the User agrees to the Terms as well as data protection regulations of BestPlay SRL which are valid at the time of registration.

There is no legal entitlement for using the services provided by BestPlay GmbH. BestPlay SRL has the right to stop or deny any registration without giving any reasons.

By the time of sign-up, the User must be at least 18 years old and fully contractually capable. In case of doubt, BestPlay SRL is entitled to ask the individual User to submit a documentary evidence of age or contractual capability.

The User is entitled at any time to delete the data saved by him/her in his/her account on the basis of the availability of the online applications. In order to access, modify or delete the data of the User, an e-mail to [email protected] shall be sufficient with the help of the User‘s e-mail address stored in the account.

§ 4 Redeem Coins

Coins achieved by playing games in the App may be redeemed against gift cards, premium payment via Paypal or other rewards. Coins are earned per person and per Google Advertising ID only. If a User changes his/her Google Advertising ID or a User creates and/or uses more than one account he/she may be blocked/deleted and his/her Coins forfeited.

The User can choose the rewards in the rewards shop of the App. The User can select any reward provided by BestPlay SRL for which he/she has collected a sufficient number of coins, unless stocks of the selected reward are exhausted. Further, payment may be limited or withheld in cases where the User has not sufficiently interacted with third party promotions or advertisements and/or if the User’s activity in BestPlay SRLs apps are unusually low. BestPlay SRL guarantees no profits to the User. In particular, the User shall not be entitled to be paid a particular reward.

The User can redeem Coins, subject to the remaining provisions of these Terms by clicking the “Cashout” button in the App.

To redeem Coins the following points need to be fulfilled. The User needs a certain minimum amount of Coins to be further specified by BestPlay SRL. Coins (in the following referred to as the “Minimum Amount”). The User has no right to redeem the Coins in the account, and BestPlay SRL has no liability or obligation to offer rewards as long as the User has not accumulated at least the Minimum Amount of Coins in the Users account. Further restrictions may apply as set above. Users can redeem their Coins for particular rewards according to an exchange rate established by the BestPlay SRL for each reward. The applicable exchange rate is that of the time of the redemption of the coins.

Welcome Bonus / Sign-Up Bonus / Welcome Credits / Sign-Up Credits: Users can be but don’t have to be entitled to a welcome bonus of a varying amount of “Coins”. The amount can vary based on a range of factors including but not limited to the geographic location of the user. The real money value of these welcome credits may also vary based on a range of factors such as but not limited to the geographic location of the user.

The actual payout of the sign up credit is dependent on overall engagement with the app and the reaching of the minimum Coin threshold. The same conditions as for overall payout apply.

For certain reward options, the User must specify his/herpayment details in connection with the payment of the rewards (bank details, e mail address and user name for his/her online account, if necessary).

Your request of redemption of Coins will usually be processed within 20 business days after the receipt of the request, provided that the User has used the App according to the full Terms of BestPlay SRL. Extraordinary circumstances may cause the transfer to take longer than 14 days. BestPlay GmbH fully reserves this right.

BestPlay SRL also reserves the right to require further information from the Users to ensure that they are not fraudulently using Coins or other items.

BestPlay SRL reserves the right to place any exchange of Coins in real prizes on hold / stop, for whatever reason, until the requested information has been made available by the User. A sufficient time is given to the User to provide the required information. If the User does not submit the required information, his/her account can be blocked until all requested information has been submitted. If any fraud or other breach of the Terms is detected, BestPlay SRL reserves the right to take further legal action against this person.

Coins expire automatically one year after they have been credited to the User’s App account, unless they have been previously redeemed against rewards.

§ 5 User fees; In-app Purchases

The use and registration of the App is free of charge. BestPlay SRL reserves the right to charge fees in the future for individual features. This may occur in particular, though not exclusively, for the activation of additional features within the App or the purchase of Coins for further use in the App.

To purchase and use such additional features or Coins, you need a Google Play account. In this case, the terms of sale of Google Play available apply.

§ 6 Rights of use

The User’s rights are exclusively described in this Terms.

In general all content, information, pictures, videos, databases are protected by copyright and are ordinarily owned or licenced by BestPlay SRL.

All content of the App must be used for private purpose only. The User must not use or duplicate any content for commercial purposes. Forwarding content is not allowed without the explicit consent of BestPlay SRL.

§ 7 Advertisement and Product Promotion

Entirely at its own discretion, and subject only to its editorial policy for each App, BestPlay SRL may display certain third party products and/or services by inserting promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of its choice.

BestPlay SRL is not responsible for the third party products or services so displayed.

§ 8 User data

BestPlay SRL collects and uses data provided by the User for the purpose of processing the User contract made between the User and BestPlay SRL.

Furthermore, we would like to refer to the data privacy statement which can be accessed under in the Google Play Store page by using the button “Privacy Policy“.

§ 9 Availability

Online services provided are usually available 24 hours a day. BestPlay SRL provides no guarantee that the App and the services and functions operate properly and are available without interruption and errors at all times. The User must him-/herself ensure an adequate Internet connection. The User is aware that, like any other software, the games and services can never be completely free of errors. The User is responsible him-/herself for the fulfilment of the system requirements necessary for the use of the App, particularly with respect to the operating system used by it. However, BestPlay SRL shall make every effort, within the limits of what is commercially reasonable, to enable the operation of the App without interruptions or errors at all times.

BestPlay SRL can restrict the availability of and access to the App and services and functions in particular insofar as the security of the network operation and the maintenance of the network integrity, particularly the need to avoid serious disruptions of the network, the software or stored data, requires this. BestPlay SRL tries to keep these disruptions on a low level.

BestPlay SRL is not obliged to provide updates or upgrades for the App or to otherwise modify the App in line with possible changes made to hardware and/or software (particularly operating systems).

§ 10 Liability

Liability of BestPlay SRL on damages by or in connection with the execution of contractual obligations shall be excluded. The limitation of liability shall not apply to

damages arising out of death, injury to body or health;

damages due to a neglect of duty by BestPlay SRL concerning essential contractual rights and obligations, which are absolutely necessary for a proper execution of the contract, and which might endanger the fulfilment of the contractual purpose (material contractual obligations). In that case, however, liability shall be limited to typical and foreseeable damages;

damages caused deliberately or due to gross negligence by BestPlay SRL

liability according to the Product Liability Act;

liability in the case of the acceptance of a guarantee.

An exemption from liability as well as limitations of liability of BestPlay SRL shall also apply to the legal representatives and assistants of BestPlay SRL.

BestPlay SRL shall not be deemed liable for damages due to labour disputes and/ or force majeure.

§ 11 User’s obligations

The User must use the range of services properly. In particular, he/she is obliged to keep his/her username and password for the access confidential and must not pass it on to third parties. Furthermore, he/she must not tolerate any acknowledgement regarding this information. The User will take the necessary measures to ensure confidentiality and notify the company in case of misuse or loss of this information or any suspicion of that.

The User shall be obliged to provide information properly, fully and truthfully which are needed for providing the services as well as immediately and truthfully inform us via e mail to [email protected] on any changes of his/her data or, if possible, change these directly within his/her account.

The User may only set up one account in the App(“prohibition of multi-accounts”). In particular, one account must not be used to obtain benefits for another account of the same User, for example through the transfer of items or Coins within the game from one account to another account of the same User (“prohibition of pushing”).

The use of the App is only permitted through tools provided or explicitly permitted by BestPlay SRL (“prohibition of the use of unauthorised scripts”). This entails, in particular, that the use of programs which generate an excessive load on the server is not permitted. The use of software to systematically or automatically control the App or individual game functions (bots, macros) or for the reproduction or analysis of the games, game elements or the content uploaded into the App is not permitted.

§ 12 Blocking access / Termination of contract

In the event of suspected improper use or fundamental breach, BestPlay SRL reserves the right to pursue these operations, to take appropriate precautions, and to terminate the User’s access at a reasonable suspicion. If these suspicions can be terminated, the blocking will be cleared. Otherwise, BestPlay SRL has an extraordinary right to terminate the account. Any breach of the Terms may also result in the cancellation of all purchased or received goods, as well as all other applicable legal claims.

The User acknowledges and agrees that any or all Services of BestPlay SRL may be terminated in whole or in part at BestPlay SRL’s sole discretion without prior notice to the User. BestPlay SRL does not undertake any risks of loss associated with the termination of Services.

§ 13 Alternative settlements of disputes

The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/consumer/odr/. BestPlay SRL is neither obliged to take part in alternative dispute resolutions before a consumer dispute settlement commission nor will do so voluntarily.

§ 14 Adjustments

BestPlay SRL has the right to change the terms and conditions towards the Users with future effect at any time and draw his/her attention to them by posting them on its website or in the app (on form of an in-app message). The respective change will take effect when the respective User does not object the new Terms within four weeks via e-mail to [email protected]. Sending the objection in due time shall be relevant for the compliance with the stipulated four-week period. Alternatively, the intended modification may also be announced in form of an e mail. BestPlay SRL will inform on these consequences in its respective message.

In case the User objects to the modification within the four week period, BestPlay SRL shall be entitled to cancel the contract within with immediate effect, without the User having any claims against BestPlay SRL. If the contractual relationship after the effective objection by the User continues, the previous terms and conditions shall remain in force.

§ 15 Final Provisions

In case individual provisions in the Terms including this provision are or become invalid, or in case of gaps arising in these Terms, the validity of all other provisions will not be deemed affected thereby. Instead of the ineffective provision or for replenishment of gaps, an adequate provision will apply. In case this may constitute an unreasonable hardship for one of the contracting parties, the contract shall become ineffective as a whole.

This contract and its interpretation are subject to the jurisdiction of Romania, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods. Any statutory provisions on the limitation of the choice of law as well as the applicability of mandatory laws especially by the state, in which the User as consumer has his/her usual place of residence, shall not be deemed affected.

Place of jurisdiction for each and any legal dispute arising from or being in connection with this contract shall be court of competent jurisdiction for BestPlay SRL to the extent permitted by and compatible with the law.