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.
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.
3.3.1 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 email@example.com. 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.