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TERMS & CONDITIONS
Important –
these terms and conditions shall apply to your use of the service
provided by towerform.co.uk. You will be bound by them and therefore it is
important that you read and understand them.
If you are paying for your subscription by cheque,
please complete and sign the subscription form and send it back to us
at your earliest convenience. Alternatively, if you wish to
subscribe using Paypal or Nochex, please go to TowerForm's Home Page and follow the links.
ALL USERS of this service who are resident in the
UK must be at least 18 years of age.
Before using this service, you:
a.
are personally responsible for ensuring that you can do
so legally, and b. comply with all legalities in using the
Service.
You will pay reasonable compensation to TowerForm
for any losses or costs which TowerForm may incur arising out of or
in connection with your failure to satisfy any provision in these
Terms of Use. In addition, you and TowerForm acknowledge that in
giving this service to you, TowerForm has based its handicap ratings on handicap theory and
experience, but that TowerForm does not give any guarantee that you
will win money when using this Service.
1: Interpretation
In these terms and conditions the following words shall
have the following meanings: Conditions means these standard
terms and conditions. TowerForm is a trading name whose
office is at 21A Newington Avenue, Cudworth, Barnsley, South Yorkshire,
United Kingdom. Intellectual Property means all patents, trade
marks, trade secrets, copyright, database rights, designs,
inventions, know how and any other intellectual property rights of
any nature whatsoever, whether registered or capable of registration
or not, whether present or future, in any part of the world,
including all applications and the right to apply for any of the
foregoing rights. Service means the horse racing ratings and tipping
services supplied by TowerForm described in paragraphs 3.3 and
3.4. Users/You means you as a user of and/or other persons using
the Service. Web site means the site located at www.towerform.co.uk
The headings in these Conditions are for
convenience only and shall not affect their interpretation. In these
conditions any reference to a person shall be construed as a
reference to any person, firm, company, corporation, government,
state or agency of estate or any association of partnerships
(whether or not having separate legal personality) or one or more of
the foregoing and references to the singular shall include the
plural and vice versa.
2. Terms of Payments 2.1 Subject to clauses 4.2 and 8.4, TowerForm does
not offer under any circumstances refunds of Fees paid and the
Service is paid for irrespective of results.
3. Use of the Service 3.1 To
use the Service you must be over the age of 18 years. Before
TowerForm accepts your order, TowerForm may decide to verify
your personal details to ensure that you are 18 years or older.
TowerForm may also require that you provide further details before
you use the Service and if TowerForm is not satisfied that you are
18 years or older then TowerForm may refuse to allow you use of the
Service. 3.2 In addition, regardless of your age, TowerForm
reserves the right to refuse use of the Service to you without
reason. 3.3 Subscribers 3.3.1 If you are ordering the Service
this Service shall be provided to you via a secured page on the website and by email backup to the website page. 3.3.2 If you
subscribe via a secured page on the web site, subscriptions shall start from the date
when the order form is received. If you subscribe by sending the
order form and payment to TowerForm by post, subscriptions start 2
working days after the date TowerForm receives your order form and
cleared payment. TowerForm will notify you of this date by e-mailing
you and by giving instuction to register your login and password. 3.3.3 Please note
that you are committed to the length of the subscription you have
applied for when your order is submitted (for web site users)
or when your order form is received by TowerForm (for postal users).
TowerForm cannot suspend your subscription after this date, although
you may terminate this contract under clause 4.2 or clause
8.4. 3.3.4 The number of racing handicap listings/bet selections that you will receive
through these Service Types per day will vary depending on the time
of the season. However, it is expected that when there is racing in the UK/Ireland subscribers will receive all the race ratings for that day for the service subscribed to. 3.4 In using this Service you
agree: 3.4.1 that you will not disrupt or interfere with another
User's use or enjoyment of the Service; 3.4.2 that you will not
use or attempt to use another User's subscription without the
written authorisation of TowerForm; 3.4.3 you are solely
responsible for your actions in relation to your use of the Service
and for your communications, if any, under your
subscription; 3.4.4 that if you are using the service via the web
site, you will not extract, collate through any means whether
electronically or otherwise, any data or data fields including but
without limitation other Users' e-mail addresses or personal details
from the web site; 3.4.5 that you will comply with all other laws
and regulations; 3.4.6 not to resell, either for commercial
purposes or otherwise, the TowerForm Service or use of or access to
the Service.
4. Modification, Suspension or
Termination of the Services 4.1 TowerForm reserves the
right to discontinue the Service or any features of the Service
and/or terminate your use if you do not comply with these
Conditions. 4.2 TowerForm reserves the right to modify or suspend
the Service or any features of the Service on 7 days notice to you.
5. Data
Protection 5.1 TowerForm wishes to assure you that they
are committed to protecting your right to privacy. To this extent,
the information that you provide to TowerForm such as your personal
details will be stored in accordance with the Data Protection Act
1998 and will be used: 5.1.1 for the purposes of providing the
Service to you; and 5.1.2 for marketing purposes, where you have
given your permission, both during and after you cease to use the
Service for a period of 2 years. 5.2 TowerForm will not disclose
personal information about you to third parties without your
permission unless TowerForm believes that such disclosure is
reasonably necessary to: 5.2.1 comply with the law; 5.2.2
protect or defend the rights of TowerForm or others; 5.2.3
enforce these Conditions; 5.2.4 respond to claims that any
communications violate the right of others. 5.3 TowerForm will
take reasonable care insofar as it is in its power to do so to keep
the details of your order and payments secure. However, in the
absence of TowerForm negligence, TowerForm will not be liable to you
for any loss which you may suffer if any person or organisation
processes or otherwise has access to any information which you have
provided to TowerForm. 5.4 Should you wish to gain access to any
information that TowerForm keeps in relation to you, please e-mail
support@towerform.co.uk. You shall be required to state the password,
which you have provided on your order form so please keep a copy of
this somewhere safe.
6. Intellectual Property
Rights 6.1 All the Intellectual Property Rights in,
including but without limitation, the text, graphics, software,
music, sound, photographs, videos and any other content in the
Website shall remain the property of TowerForm. 6.2 You may not
modify, create any derivative works or distribute the content of
TowerForm Website or emails without the express permission of
TowerForm.
7. Warranties and
Liability 7.1 TowerForm confirms to you that it bases
its handicap listings and tips on handicap theory and experience and therefore it will provide the service
with reasonable skill and care. However, not every bet based on the handicap or the
tips obtained from this service will win. Past results are not
necessarily indicative of future performance and TowerForm is not
bound by any assurance or indication that profits will be
achieved. 7.2 Whilst every effort is made to ensure the accuracy
of TowerForm Services, TowerForm accepts no responsibility for any
use made of the information obtained through the use of this Service
and TowerForm shall not be liable for any failure to win any prize
money or in respect of any other financial loss or claim arising out
of use of the Service. 7.3 TowerForm shall not be liable for any
failure or interruption in any satellite, any telecommunication or
fibre link or any other telecommunications systems or equipment not
owned or controlled by TowerForm or any acts or omissions of
providers of telecommunications or internet services (including
internet service providers and internet regulation authorities)
outside the control of TowerForm. 7.4 In any event, TowerForm
shall not be liable to you for any loss of anticipated revenue, loss
of profits, loss of business opportunity, loss of goodwill, damage
to reputation, any indirect loss or damage, or for any loss which
was not foreseeable to both parties when this contract was entered
into, or for any losses that are not caused by any breach by
TowerForm of its obligations, or for business losses or losses to
non-consumers, (whether caused by the negligence of TowerForm, its
employees, agents or otherwise), which arise out of or in connection
with the Service. 7.5 TowerForm shall not be liable to you or be
deemed to be in breach of these Conditions by reason of any delay in
performing, or any failure to perform, any of its obligations under
these Conditions, if the delay or failure is due to any cause beyond
TowerForm reasonable control (including, without limitation, fire,
explosion, flood, Governmental restriction, strikes or war). 7.6
Notwithstanding anything to the contrary in these Conditions,
TowerForm liability to you for death or personal injury caused by
the negligence of TowerForm, its employees, agents or
subcontractors, or for fraud (including without limitation
fraudulent misrepresentation), or otherwise as prohibited by law, is
not limited. 7.7 The web site may contain links to other internet
sites. TowerForm does not review any of these sites or their content
and so if you use a link to these sites, you do so at your own risk.
TowerForm cannot be responsible in any way for how these sites deal
with the issues of data protection or privacy. 7.8 In addition to
this, although the web site may contain these links it does not
indicate that TowerForm endorses the content, product or services of
these sites.
8. Enforcing TowerForm
Rights 8.1 If TowerForm delays or fails in enforcing
their rights under these terms, it will not prevent TowerForm from
enforcing those rights or similar rights in the future. 8.2 The
rights and remedies provided in these Conditions are in addition to
any rights or remedies provided by law. 8.3 If any of these terms
are found by any court to be invalid or unenforceable, then that
term shall not affect the other terms in these Conditions. All other
terms in these Conditions shall remain in full force and effect.
TowerForm will attempt to substitute for any invalid or
unenforceable provision a valid or enforceable provision which
achieves the economic legal and commercial objectives of the invalid
or unenforceable provisions. 8.4 TowerForm may change these
Conditions for security, legal, regulatory or inflation reasons.
TowerForm will give you at least seven days notice of any change.
You may end this contract at any time giving one month's notice if
TowerForm tells you it is going to change these Conditions. 8.5 For the avoidance of doubt,
nothing in these Conditions is intended to confer on any third party
any benefit or the right to enforce any term in these
Conditions.
9. Law and Jurisdiction 9.1
English Law is the law which applies to these Conditions and you and
TowerForm agree that these Conditions shall be subject to the
exclusive jurisdiction of the English Courts.
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