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Terms and Conditions |
If you are following our Horse
Racing Investments System we recommend you read and agree with these Terms and
Conditions :
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This Agreement was last modified on
25th May 2008. |
If you become a member of Horse
Racing Investments (owned by JC Systems Ltd, the Company), you should read
these Terms and Conditions. By purchasing a membership with the Company you
automatically become a "Member" with Terms and Conditions as follows
:
Member Terms and Conditions are the content of the following Agreement
("Agreement" or "Member Agreement") which is a contract between you and the
Company and applies to your use of products and services (collectively the
"Service") provided by our Company. This Agreement affects your rights and you
should read it carefully. We encourage you to print the Agreement or copy it to
your computer's hard drive for your reference. If you become a Member, for
additional information about the Service and how it works, please also consult
the Horse Racing Investments Member Control Centre. In this Agreement, "you" or
"your" means any person or entity using the Service. Unless otherwise stated,
"Horse Racing Investments" "we" or "our" will refer collectively to the Company
and its subsidiaries, affiliates, directors, officers, employees, agents and
contractors. By becoming a Member, you agree to the terms and conditions of
this Agreement, the Privacy Policy, the
Non-Disclosure Policy, and any documents
incorporated by reference. You further agree that this Agreement forms a
legally binding contract between you and the Company, and that this Agreement
constitutes "a writing signed by You" under any applicable law or regulation
when you sign up to become a Member. Any rights not expressly granted herein
are reserved by the Company.
This Agreement is subject to change by the
Company without prior notice (unless prior notice is required by law), by
posting of the revised Agreement on the Horse Racing Investments website.
Descriptions of material amendments to this Agreement will be posted in advance
on the Horse Racing Investments website in the "Policy Updates" section that is
displayed to you in the Member Control Centre.
1. The Legal Relationship Between You and the
Company 2. Rights, Obligations and Disclaimers
of the Company 3. Electronic Communications and
Error Resolution 4. Consumer Protection
Programs
1. The Legal Relationship between
You and the Company.
By becoming a Member, you appoint the
Company as your agent to deliver specially selected recommended bet advice
electronically to you on horses running in UK Horse Race meetings. You must
endeavour to place your bet stake to suit your betting Bank on each selection.
Failure to do this will mean you risk reducing the level of profitability our
System can provide. See the section Betting Advice
and Your Betting Bank for more details.
The Company will despatch
recommended bet advice by 11:00 am on the morning of UK Horse Racing, and will
notify if there is no advice as well as providing details of the selected
recommended advice. Advice will be sent by email and optional SMS text messages
to a mobile phone at no extra cost. It is your responsibility to ensure your
mailbox and SMS phone are available to receive the bet advice detail messages.
The betting advice is also available at our website in the Member Control
Centre.
Refund Policy.
We make a guarantee that if your
membership is terminated for any reason, that we will refund all remaining full
month's membership outstanding at the time of termination, for which a small
charge will be deducted to cover Bank costs. Payment will be made within 90
days of termination, subject to the provision of PayPal or cheque payee details
of a name and address you specify in the Member Control Centre, or by email to
us.
You agree that any pending refunds due to you as explained above
will not receive interest or other earnings on these funds that the Company
handles as your agent on your behalf. If we cannot make payment, we will hold
such funds for 90 days, or until such time as payee details are
provided.
Response to Correspondence.
We will endeavour to
respond to all written communication to our Company within 48 hours of being
received, whether this is by electronic mail or postal mail. Our preferred
method of response is electronic mail, so if we have an email address for any
correspondent we will use it, unless advised otherwise.
2. Rights, Obligations and Disclaimers of the
Company
You agree that the betting selections our System
delivers are strictly confidential, and must not under any circumstances be
passed to any third party at any time before a race has been concluded and the
winner declared.
You authorize the Company, directly or through third
parties, to make any inquiries we consider necessary to validate your
registration or membership. This may include ordering a company report and
performing other checks or verifying the information you provide, and that you
have no links with the management of similar companies that provide betting
information as a service.
The Service.
The Horse Racing Advice
Service and website is wholly owned and operated by JC Systems
Ltd.
Security Features.
We strongly advise that you use a web
browser with 128-bit encryption. For more information on security, please visit
the Security website page. However, regardless of whether you use a web browser
with security features, the Company is unable to guarantee that data
transmitted is secure and/or will not be intercepted by third parties.
The Member Control Centre allows Members to log in using their
registered email address and an optional password. On the very first entry, the
password will be blank. We strongly recommend Members set a password of at
least 8 characters and numbers as soon as possible after initial entry to the
Member Control Centre.
International Use.
To be eligible for
membership, you must be a resident of a country in which gambling is legal.
This applies to the United Kingdom or one of the approved countries listed
below: Argentina Australia Anguilla Austria Belgium Brazil Canada Chile China
Costa Rica Denmark Dominican Republic Finland France Germany Greece Hong Kong
Iceland India Ireland Israel Italy Jamaica Japan Luxembourg Mexico Netherlands
New Zealand Norway Portugal Singapore South Korea Spain Sweden Switzerland
Taiwan United States.
If you are an international user, you warrant that
you are violating no law or regulation by your use of membership, and you
indemnify us for any and all liability that might arise from your use of the
Horse Racing Investments System.
Service Use
You will not use
the Service, the Horse Racing Investments System website or any of the services
offered therein for any unlawful or fraudulent activity. If the Company has
reason to believe that you may be engaging in or have engaged in fraudulent,
unlawful, or improper activity, including without limitation any violation of
any terms and conditions of this Agreement, your membership and access to the
Service may be suspended or terminated. You will cooperate fully with the
Company to investigate any suspected unlawful, fraudulent or improper
activity.
Membership is provided through declaration and registration of
a unique email address belonging to you or accessible to you at the time of
joining our Service. It is your responsibility to ensure the email address you
provide is maintained in order that our bet advice messages can be received
successfully and not blocked for any reason. It is your responsibility to
ensure we have the correct email address to send the bet advice to, and
maintain it as desired from the Member Control Centre.
You have the
option of declaring an SMS text messaging mobile phone number to receive bet
advice at no extra cost. SMS text messages will be sent at the same time as
email bet advice. It is the Member's responsibility to ensure the SMS mobile
phone number is correct and capable of receiving messages.
Member
Transfer
You also agree not to transfer or sell your membership to any
third party, or as any kind of profitable or business opportunity. You agree
not to impersonate or attempt to act on behalf of a Company
representative.
No Framing.
Horse Racing Investments members are
warned never to enter their email address or any other sensitive personal
details into any page whose URL does not begin with
http://www.horseracinginvestments.com/, the use of "framing," where a 3rd party
site displays a portion of the Horse Racing Investments website inside a
webpage whose URL is not http://www.horseracinginvestments.com/, is prohibited.
No Spam.
The Company will not under any circumstances use email
addresses or SMS mobile phone numbers supplied by members for any purpose other
than provide bet advice and to contact you regarding management of your
membership details.
Email address and Password.
You may not
reveal your member email address or password to anyone else, nor may you use
anyone else's email address to access the Service provided by the Company. The
Company is not responsible for losses incurred by members as the result of
their misuse of an email address or password.
Closing Your
Account.
You may terminate your membership at any time by clicking on
the "Terminate Membership" tab in the Member Control Centre on the Horse Racing
Investments website. Upon closure of membership, we guarantee to refund any
full remaining month's membership less a small administration charge to cover
Bank costs. After terminiation, any pending refund transactions will be held
for a period of up to 90 days after closure and only be refunded after
provision of a suitable PayPal email address or name and address to make cheque
payment to. You may not use closure of your membership as a means of evading
investigation - if an investigation is pending at the time you close your
membership, the Company may continue to hold any funds due for up to 90 days as
appropriate. You will remain liable for all obligations related to your
membership even after your membership is closed.
Hacking.
If you
use, or attempt to use the Service for purposes other than receiving bet
details and managing your membership, including but not limited to tampering,
hacking, modifying or otherwise corrupting the security or functionality of
Service, your membership will be terminated and you will be subject to damages
and other penalties, including criminal prosecution where available.
Fees.
All fees are set forth in the Fee Schedule.All fees, and
all transactions, are made in Pounds Sterling or a suitable country currency
where you are resident, such as U.S. dollars, and may be subject to exchange
rates. IT IS THE COMPANY'S ASSUMPTION THAT INTERNATIONAL USERS ARE SIGNING UP
FOR A MEMBER ACCOUNT ONLY AFTER DETERMINING THAT OPENING AND MAINTAINING A
MEMBER ACCOUNT VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND
JURISDICTION.
Assignability.
You may not transfer any rights or
obligations you may have under this Agreement without the prior written consent
of the Company. We reserve the right to transfer or remove this Agreement or
any right or obligation under this Agreement without your consent.
Indemnification.
You agree to indemnify and hold the Company, its
affiliates, officers, directors and employees harmless from any claim, action,
demand, loss, or damages (including attorneys' fees) made or incurred by you or
any third party arising out of or relating to your use of the Service or any
published article.
Choice of Law.
This Agreement is governed
by and interpreted under the laws of the United Kingdom as such laws are
applied to agreements entered into and to be performed entirely within the
United Kingdom by United Kingdom residents.
Arbitration.
Any
controversy or claim arising out of or relating to this Agreement or the
provision of Services shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the United Kingdom Citizen's Charter.
Any such controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim or controversy of
any other party. The arbitration shall be conducted in West Yorkshire County,
England, and judgment on the arbitration award may be entered in any court
having jurisdiction thereof. Either you or the Company may seek any interim or
preliminary relief from a court of competent jurisdiction in West Yorkshire
County, England necessary to protect the rights or property of you or the
Company (or its agents, suppliers, and subcontractors) pending the completion
of arbitration.
3. Electronic Communications
and Error Resolution
It is very important that you contact us at
once if you believe your email address has been compromised, or if someone has
diverted, redirected or intercepted email messages containing bet advice
intended for you without your permission by amending the email address or SMS
mobile phone number.
Correct E-mail and SMS mobile phone
number.
You agree and warrant that you have access to the Internet and
to a current functional personal email address. Although we will take
reasonable steps to contact you based on information that you have provided us,
the Company will not be liable for any undelivered e-mail communications or any
costs you incur for maintaining Internet access and an email account. You have
an AFFIRMATIVE OBLIGATION to provide the Company with a correct and operational
email address. Failure to provide the Company with a current, working,
functional, personal email address, and/or failure to update your email address
database entry, or if the Company has reason to believe that either have
occurred, may result in any or all of the following, non-exclusively: (1) the
removal or deactivation by the Company of your membership; and/or (2) attempts
by the Company to reach you personally by any means deduced from your last
known email address. The Company reserves the right to take measures to ensure
the integrity of its Member database, and expects that you, as a Member, will
cooperate and keep your information current. Provision and use of an optional
SMS mobile phone number to receive bet advice is subject to these same
directives.
Electronic Communications.
To the fullest extent
permitted by applicable law, this Agreement and any other agreements, notices
or other communications regarding your membership and/or your use of the
Service ("Communications"), may be provided to you electronically and you agree
to receive all Communications from the Company in electronic form. Electronic
Communications may be posted on the pages within the Horse Racing Investments
website and/or delivered to your e-mail address. You may print a copy of any
Communications and retain it for your records. All Communications in either
electronic or paper format will be considered to be in "writing," and to have
been received no later than five (5) business days after posting or
dissemination, whether or not you have received or retrieved the Communication.
The Company reserves the right but assumes no obligation to provide
Communications in paper format. Your consent to receive Communications
electronically is valid until you revoke your consent by notifying the Company
of your decision to do so by contacting us. If you revoke your consent to
receive Communications electronically, the Company will terminate your right to
use the Service.
4. Consumer Protection
Program
The Company's consumer protection program, consisting of
a Member Complaint Policy as defined below, is designed to try to help Members
understand or accept any issues regarding dis-satisfaction or complaint
regarding the Service or website provided by the Company.
The Member
Complaint Policy relates to the right of any member to make a complaint by
email to the Company. The Company will investigate the claim. Complaints must
be filed no later than 30 days from the date of the problem arising. The
Company will seek to resolve the complaint within 30 days of the date the
complaint is filed, though such time frame may be extended, if appropriate, to
accommodate the investigation. This policy applies only to the following (1)
refund of funds on membership termination for whatever reason; (2) Suspected
appropriation of your email address and inappropriate membership access; (3)
Spam mail received by any member involving your email address or an email
address linked to you and suspected of originating through your membership with
the Company.
Complaint Program
As described below, we will seek
to assist Users who may be the victims of fraud if they report the problem
promptly. The Company will not have any liability in connection with any
unauthorized interception or use of data relating to you or the the Service
provided by us; any inability by you to use or access the service or the Horse
Racing Investments System website for any reason; any actions or transactions
by an individual that uses your email address with or without your consent or
knowledge; or any cause over which the Company does not have direct control,
including problems attributable to computer hardware or software (including
computer viruses), telephone or other communications, or Internet service
providers. In no event shall the Company be liable (A) for damages caused other
than by intentional misconduct or (B) for any indirect, special, incidental,
consequential or punitive damages whatsoever (including, but not limited to,
damages for lost profits, disclosure of confidential information, or loss of
privacy), arising out of or in any way related to your use of or inability to
use the Service or the Horse Racing Investments website, even if the Company
has been advised of the possibility of such damages. In no event shall the
Company be liable for any act or omission of any third party (such as, for
example, any provider of telecommunications services, internet access or
computer equipment or software) or any circumstances beyond our control (such
as, for example, a fire, flood, or other natural disaster, war, riot, strike,
act of civil or military authority, equipment failure, computer virus, or
failure or interruption of electrical, telecommunications or other utility
services). |
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