IQ Racing
Terms and Conditions of service April 2007
Conditions for provision of IQ Racing.
1 Definitions and Interpretation
1.1 In these terms and conditions the following words or expressions
shall have the following meanings attributed to them unless there is
something in the subject or context inconsistent therewith and save
to the extent otherwise specified:-
"Conditions" means the Standard Terms and Conditions set out
in this document and governing the provision of IQ Racing’s service
to Subscribers.
"Contract" means the contract for the provision of IQ Racing’s
Service.
"Information Provider" means a person with whom IQ Racing
has an arrangement to supply information for inclusion in the service.
"Subscription Period" means the period of weeks, months, year,
or such other period as may be quoted by IQ Racing and accepted by the
Member at the point of subscribing for the Service and receiving and
utilising the Subscriber Identity.
"Service(s)" and mean, the provision of horse racing/sporting
"Selections" information and tips via internet and/or SMS
text message, or any other such means of delivery.
"Service Commencement means the date and time IQ Racing advises
the Date" Subscriber that the services are available
"Subscriber" and/or means a person at whose application IQ
Racing "Member" provides services under this Contract and
by whom the applicable charges are payable.
1.2 The Contract governs the provision of IQ Racing’s Service
to the Subscriber to the exclusion of all other written or verbal representations,
statements, understandings, negotiations, proposals or agreements.
2 Duration
This Contract shall come into effect on the Service commencement date
and shall continue
thereafter for the subscription period unless earlier terminated pursuant
to Condition [7]
(Termination).
3 Provision of IQ Racing Service
3.1 IQ Racing shall provide the service to the subscriber throughout
the subscription period. The service is not fault free and subscribers
shall be entitled only to the quality of service provided by IQ Racing
from time to time for its customers generally. IQ Racing will use all
reasonable endeavours to maintain the Service but, save in the circumstances
referred to at condition 3.4 Subscribers will not be eligible for any
compensation because they cannot use the service or because of a failure,
suspension or withdrawal of all or any part of the service. IQ Racing
reserves the right to suspend or cancel service at its sole discretion
in the event that a subscriber does not fulfil his obligations under
this agreement.
3.2 Selections are provided by way of an email or text message which
will be sent out on the day of the race or earlier. IQ Racing will exercise
all reasonable care and skill to provide subscribers with a quality
service and for that purpose to select and use information providers
(having a quality track record in the provision of Selections) but in
subscribing to the service, members accept and acknowledge that Selections
cannot be guaranteed and that members subscribe entirely at their own
risk with no refund being payable other than in accordance with and
for the reasons stated in Condition 3.4 (Refunds).
3.3 IQ Racing will procure the provision by its information providers
of regular selections during the subscription period and for that purpose:-
3.3.1 At least one selection will be given per subscription period;
3.3.2 Recognising the time sensitive nature of selections provided by
its Information
Providers, IQ Racing will use all reasonable endeavours to enable members
to place a bet at the most advantageous price; nonetheless neither IQ
Racing nor its information provider(s) shall be held responsible if
the price of the selection falls due to heavy backing.
3.4 IQ Racing require 3 days notice from the date that the next payment
is due in order to process any cancellations. In the event that IQ Racing
fails to process a cancellation before payment is taken – provided
proof of cancellation can be provided - then the Member will be entitled
to a refund on the remaining part of the subscription period. Applications
for a refund must be made via email to – info@iqracing.co.uk.
Where a refund is properly due under these Conditions IQ Racing will
procure its payment within 4 weeks.
4 Charges for Service
As specified at time of subscription and pursuant to current charges
displayed at any given time.
5 Members' Use of the Service
5.1 Subscribers acknowledge and agree that it is not in the interests
of subscribers that selections should become available to any person(s)
who has not subscribed to the service as this could have a detrimental
effect on the price available. Accordingly:-
5.1.1 Subscribers must not provide or otherwise make available any selection(s)
to non
member third parties;
5.2 IQ Racing attaches the utmost importance to the protection and enforcement
of the legal rights to which IQ Racing and its information providers,
as the case may be, are entitled as regards the confidentiality, copyright
and other proprietary rights comprised within or otherwise arising in
the course of the provision of the service and selections. Accordingly
it is a fundamental condition of receiving the service (the breach of
which will entitle IQ Racing to take the steps referred to at paragraph
(7), that subscribers acknowledge and agree:-
5.2.1 The service and selections are made available for use solely by
each individual
subscriber alone in placing bets;
5.2.2 The subscriber shall not do nor permit any other person to do
any act which would
infringe any copyright in the selections or other information obtained
through
accessing the service or the use of the subscriber's Identity; more
particularly no
part of such service may be copied or incorporated into any other work
or materials
or resold;
5.2.3 Subscribers shall not retain any part of the service or any selection(s)
or information
for re-use in any computer system or database.
5.3 Any failure by the subscriber to comply with the provisions of this
Condition shall be a
fundamental breach of the contract entitling IQ Racing to:-
5.3.1 Terminate the contract and the provision of the service(s) forthwith
(without notice); and without recompense.
5.3.2 Forthwith seek to recover all and any loss or damage which IQ
Racing or its
information provider may have sustained as a result of such failure
or breach by the
subscriber or any person to whom selections or other information forming
part of
the service, may have been passed by the subscriber in breach of the
contract.
5.4 The subscriber shall indemnify, defend and hold harmless IQ Racing
and its information providers in full against all losses, costs, damages,
charges, expenses and other liabilities incurred by or awarded against
IQ Racing or any of its information providers as a result of or in connection
with any breach of this Condition by the subscriber.
6 Limitation of Liability
6.1 IQ Racing has no obligation, duty or liability in contract, delict
or breach of statutory duty or otherwise beyond that of a duty to exercise
reasonable skill and care.
6.2 IQ Racing does not exclude or restrict liability for death or personal
injury resulting from its own negligence.
6.3 IQ Racing shall not be liable in contract, delict (including negligence
or breach of statutory duty) or otherwise for loss of profits, business
or anticipated savings or for any indirect or consequential loss whatsoever.
7 Termination
7.1 Without prejudice to its other rights and remedies, IQ Racing may
terminate the contract forthwith and without notice:
7.1.1 In the circumstances detailed at condition (5) (Breach of Copyright
Etc.);
7.1.2 If the subscriber fails to pay the subscription charges or is
otherwise in material
breach of this contract and in the case of a remedial breach fails to
remedy the
breach within twenty four hours of receiving notice to that effect from
IQ Racing;
7.1.3 If the subscriber becomes insolvent or is sequestrated or should
a liquidator or
receiver be appointed to all or any part of the assets of the subscriber
or should the
subscriber grant a trust deed for and on behalf of creditors.
7.1.4 If the subscriber publishes,
posts, voices, or otherwise makes available any derogatory, defamatory
or malicious statement regarding, or directed at, the company and/or
its service providers.
7.2 By notice - in the case of IQ Racing by at least three days notice;
in the case of the subscriber, only on written request detailing reasons
for request of termination. (N.B. Termination by the subscriber is limited
to their liability for any future payments only. It does not entitle
the subscriber to any refund, in full or in part, of fees already paid).
8 Availability and Accuracy of Information
8.1 IQ Racing reserves the right to change the content, presentation,
performance, user facilities and availability of any part of the services
at its sole discretion. Neither IQ Racing nor any of its Data Providers
or affiliates makes any warranties, expressed or implied, as to the
accuracy, adequacy, quality or fitness for any particular purpose of
the information or services for a particular purpose or use, and all
such warranties are expressly excluded to the fullest extent that such
warranties may be excluded by law. You are responsible for validating
the integrity of any information obtained.
8.2 No guarantees are made by IQ Racing as to the profitability of the
information provided and any declaration of past performance should
be used as a guide only and is not indicative of future performance.
You should never gamble with more money than you can afford to lose.
8.3 Services provided by IQ Racing and its clients are regulated by
U.K. laws and regulations. Users of any of the services provided by
IQ Racing and its clients are responsible for ensuring that they are
legally allowed to do so in relation to laws governing the use of such
services depending on their country of residence.
9 Miscellaneous and General
9.1 This contract shall supersede all and any previous contracts with
the subscriber for the
services.
9.2 Failure by either party to exercise or enforce any right conferred
by this Contract shall not be deemed to be a waiver of any such right
nor to operate so as to bar the exercise or
enforcement thereof or of any other right on any subsequent occasion.
9.3 Save in the circumstances where a refund is due under Condition
3.4, IQ Racing shall not be liable for any loss or damage whatsoever
caused by any failure to perform any obligations under this Contract
if such failure is caused by attribute to events, acts or omissions
beyond its control including the acts or omissions of other telecommunication
providers.
9.4 This contract shall be governed in all respects by UK law and be
subject to the jurisdiction of the UK courts.
©
2006 IQ RACING. All
rights reserved.