Terms and Conditions
TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES BY FITZROY WEST LIMITED
THE SUBSCRIBER'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CONDITION 9.4
1. INTERPRETATION
1.1 In these conditions the following words have the following meanings:
Application: means any request from the Subscriber to the Company (incorporating these terms and conditions) for the supply of Services in such form as the Company may determine from time to time;
Commencement Date: means the date and time the Company inform the Subscriber that the Services have commenced by the issuing of a Confirmation of Subscription;
Company: FITZROY WEST LIMITED C/O Clark Rees Limited, Regus House, Falcon Drive, Cardiff Bay, Cardiff, Wale. CF10 4RU. (Company Number: 6671750)
Company's Standard Charges: means the charges as specified at the time of subscription and pursuant to current charges displayed at any given time;
Confirmation of Subscription: means only the Company's specific standard document entitled Confirmation of Subscription, which the Company may send by e-mail;
Contract: any contract, apart from a Distance Contract, between the Company and the Subscriber for the supply of Services incorporating these conditions;
Distance Contracts: any contracts concluded by way of the internet, digital television, mail order, catalogue phone or fax between the Company and the Subscriber for the supply of Services incorporating these conditions;
Information Provider: means a person, firm or company with whom the Company has an arrangement to supply information for inclusion in the Services;
Services: mean the provision of betting tipster services, including information and tips, via telephone, internet, SMS text message or any other such means of delivery;
Subscriber: means a person, firm or company who enters into a Contract or Distance Contract for the supply of Services with the Company;
Subscription Period: means the period of time as specified by the Subscriber in their Application and confirmed by the Company in the Confirmation of Subscription.
1.2 In these conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.3 In these conditions any reference to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.4 In these conditions any reference to working days means all days other than Saturdays, Sundays and public holidays.
1.5 In these conditions headings will not affect the construction of these conditions.
1.6 These conditions will not affect the statutory rights of a Consumer who buys as a Consumer as defined under the Unfair Terms in Consumer Contracts Regulations 1999.
2. APPLICATION OF TERMS
2.1 The Contract will be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Subscriber purports to apply under any letter, purchase order, Confirmation of Subscription, specification or other document). These terms and conditions comprise the only terms and conditions upon which the Company will do business with the Subscriber.
2.2 The Contract is subject to your right of cancellation as outlined in condition 6.
2.3 Each Application made by the Subscriber from the Company shall be deemed to be an offer by the Subscriber to purchase Services subject to these conditions.
2.4 No Application placed by the Subscriber shall be deemed to be accepted by the Company until a written Confirmation of Subscription is issued by the Company.
2.5 The Subscriber must ensure that the terms of its Application and any applicable specification are completely and accurately recorded in its Application and the Company shall have no liability whatsoever with regard to any Application made which is not accurate.
2.6 Any quotation is given on the basis that no contract will come into existence until the Company dispatches a Confirmation of Subscription to the Subscriber. Any quotation is valid for a period of 30 days only from its date, provided that the Company have not previously withdrawn it.
2.7 The Company may change these terms and conditions in relation to future supplies. Any change to these terms and conditions will be notified to Subscribers on the following website www.thebettingtipster.com.
3. DESCRIPTION AND PRICE OF THE SERVICES
3.1 An approximate description of the Services shall be set out in the Contract.
All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract and this is not a supply by sample.
4. DISTANCE CONTRACTS
4.1 The Company will provide the following information to the Subscriber prior to the conclusion of the distance contract:-
4.1.1 the identity of the Company and where the Contract requires payment in advance, the Company's address;
4.1.2 a description of the main characteristics of the Services;
4.1.3 the price of the Services, including all taxes;
4.1.4 the arrangements for payment;
4.1.5 the Subscribers right to a seven day cooling off period;
4.1.6 if the Subscriber is to use a premium rate telephone number, the cost of the call must be specified before charges are incurred for the telephone call;
4.1.7 how long the price or any special offer remains valid;
4.1.8 the minimum duration of the contract in the case of a contract to supply services continuously or recurrently;
4.2 The Company will supply this information in a clear and comprehensible manner which is appropriate to the means of distance communication used by the Company.
4.3 The Company will confirm this prior information to the Subscriber in writing. In addition the Company will also provide the following information in writing:-
4.3.1 a statement that the Subscriber has a right to cancel the Distance Contract if he wishes and how he can exercise this right;
4.3.2 details of the cancellation process including the name and address of the person to whom the person should send the notice;
4.3.3 the address of the place of business of the Company to which the Subscriber may address any complaints;
4.3.4 any after-supply services or guarantees;
4.4 The Company will give all the requisite written information to the Subscriber either prior to the conclusion of the Contract, in good time before or during the performance of the Contract.
5. DURATION
This Contract shall come into effect on the Commencement Date and shall continue thereafter for the Subscription Period unless earlier terminated pursuant to condition 10
6. SUPPLY OF THE SERVICES
6.1 The Company shall provide the Services to the Subscriber in accordance with the Contract subject to these terms. Any changes or additions to the Services or these terms must be agreed in writing by the Company and the subscriber in accordance with Condition 2.3.
6.2 The Subscriber shall at its own expense supply the Company with all necessary Documents or other materials, and all necessary data or other information relating to the Services, within sufficient time to enable the Company to perform the Services in accordance with the Contract.
6.3 The replies by the Subscriber for requests made to them by the Company for information, assistance or decisions shall be provided in a timely fashion.
6.4 The Subscriber understands the time sensitive nature of the Service being provided by the Company and the Company in no way guarantees that the odds quoted by them will be available when the Subscriber makes their bet.
6.5 Further details about the Services, and advice or recommendations about its provision or utilisation which are not given in these terms or the Contract may be made available on written request.
6.6 The Company may at any time without notifying the Subscriber make any changes to the Services which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Services.
6.7 Should the Company fail to provide at least one tip per fortnight or if for a period of 14 consecutive days a Subscriber is unable to access the Service due to a technical fault caused by the network operator / service provider, then the Subscriber will be entitled to a refund on the remaining part of the Subscription Period.
6.8 The Company may offer trial periods or other promotional offers to Subscribers from time to time. A Subscriber may only avail of any trial period or promotional offer once. All trial periods and promotional offers are subject to availability and may be withdrawn at any time at the discretion of the Company.
6.9 Once a Subscriber has received written Confirmation of Subscription or the Services commence, whichever is the sooner, the Subscriber shall not divulge any tips or information received as part of the Service to any third parties. The Service is provided exclusively to Subscribers.
6.10 The Subscriber shall not do or permit any third party to do any act which would infringe any copyright in the tips or information received as part of the Service such as allowing a third party to use the identity of the Subscriber to access the Service. More particularly no part of the information or tips provided through the Service may be copied or incorporated into any other work or materials or resold.
6.11 The Service is being provided by the Company in order to educate and inform the Subscriber it is in no way a guarantee of financial gain or profit.
7. PAYMENT
7.1 The Subscriber shall pay the Company's Standard Charges and any additional sums which are agreed between the Company and the Subscriber for the provision of the Services or which, in the Company's sole discretion, are required as a result of the Subscriber's instructions or lack of instructions, the inaccuracy of any Documents or any other cause attributable to the Subscriber.
7.2 The Company shall be entitled to vary the Company's Standard Charges from time to time by giving not less than one month's written notice to the Subscriber.
7.3 All charges quoted to the Subscriber for the provision of the Services are exclusive of any Value Added Tax, for which the Subscriber shall be additionally liable at the applicable rate from time to time.
7.4 No payment shall be deemed to have been received until the Company has received cleared funds.
7.5 Unless otherwise agreed the first invoice for the Services shall be rendered on the Commencement Date or at the end of the calendar month in which the Services commenced whichever is sooner and any subsequent invoices shall be rendered at monthly intervals.
7.6 All payments payable to the Company under the Contract shall become due immediately upon termination of this Contract despite any other provision.
7.7 If the Subscriber fails to pay the Company any sum due pursuant to the Contract the Company in its absolute discretion has the right to suspend the Service to the Subscriber: -
7.8 The Company may treat any payment received as a payment towards oldest invoices first at its complete discretion.
7.9 The Subscriber shall make all payments due to the Company without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Subscriber has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Subscriber.
7.10 If the Subscriber fails to pay the Company any sum due pursuant to the Contract, the Subscriber shall be liable to pay interest to the Company on such sum for the due date for payment at the annual rate of 4% above the base lending rate from time to time of the Barclays Bank plc accruing on a daily basis until payment is made, whether before or after judgement. In addition the Company reserves the right to claim interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
8. GUARANTEE
8.1 The Company warrants to the Subscriber that the Services will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Contract specification.
8.2 The Subscriber warrants that they are at least 18 years of age or older as local gambling law may dictate. The Subscriber accepts that if they are resident outside of the United Kingdom they must be lawfully entitled to receive the Services.
9. LIMITATION OF LIABILITY
9.1 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Subscriber in respect of: -
9.1.1 any breach of these conditions;
9.1.2 any use made by the Subscriber of any of the Services or anything arising out of the Services; and
9.1.3 any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
9.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied, as applicable, by section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982 or section 8 of the Supply of Goods (Implied Terms Act) 1973) are, to the fullest extent permitted by law, excluded from the Contract.
9.3 Nothing in these conditions excludes or limits the liability of the Company: -
9.3.1 for death or personal injury caused by the Company's negligence; or
9.3.2 under section 2(3), Consumer Protection Act 1987; or
9.3.3 for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
9.3.4 for fraud or fraudulent misrepresentation.
9.4 Subject to Condition 9.2 and Condition 9.3: -
9.4.1 the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the lesser of: -
(i) the Contract price; or
(ii) the amount (up to £1,000,000) that is recoverable under any professional indemnity insurance taken out by the Company.
9.4.2 Subject to the other provisions of these conditions the Company will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services (even if caused by the Company's negligence), nor will any delay entitle the Subscriber to terminate or rescind the Contract unless such delay exceeds 180 days.
9.5 The Company shall have no liability to the Subscriber for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Subscriber which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form or any other fault of the Subscriber.
9.6 The Company shall not be liable to the Subscriber or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Services under the Contract, if the delay or failure was due to any cause beyond the Company's reasonable control.
9.7 The Company is not responsible under the Contract or otherwise for designing or advising on or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or any action that may be taken in controlling, preventing, suppressing or in any way relating to an act of terrorism and the liability if any of the Company's under or in connection with the Contract whether in contract or in tort, in negligence, for breach of statutory duty or otherwise for any claim which may arise out of or in connection with terrorism matters is excluded.
9.8 Past performance of the Service is not indicative of future performance and the Company will have no liability for any losing bets placed by the Subscriber based on the tips or information provided as part of the Service.
9.9 If the Subscriber is an individual, no exclusion or limitation of liability in these terms shall affect any liability for death or personal injury suffered by the Subscriber.
10. TERMINATION
10.1 The Subscriber shall be entitled to terminate the Contract at any time by giving not less than 90 days written notice to the Company.
10.2 Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these terms and (if capable of remedy) the Subscriber fails to remedy the breach within 7 days and/or the Company fails to remedy the breach within 28 days after being required by written notice to do so, or if the other goes into liquidation, becomes bankrupt, has a receiver appointed, makes a composition or voluntary arrangement with its creditors or enters administration, or a moratorium comes into force in respect of the other (within the meaning of the Insolvency Act 1986).
10.3 Notwithstanding any other provision if circumstances arise for which the Company is not responsible and which the Company consider make it irresponsible, unsafe or not commercially viable to perform all or any part of the Services. The Company shall be entitled to terminate the Contract forthwith by written notice in respect of all or part of the Services.
11.1 The Subscriber shall not be entitled to assign, sub-contract, licence or in any way deal with any of his rights or obligations under the Contract or any part of it without the prior written consent of the Company.
11.2 The Company may assign, sub-contract, licence or in any way deal with any of his rights or obligations under the Contract or any part of it to any person, firm or company
12. FORCE MAJEURE
12.1 Neither party hereto shall be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control including but not limited to fires, strikes (of its own or other employees) insurrection or riots, chemical spillages, road closures, embargoes, container shortages, wrecks or delays in transportation, inability to obtain supplies and raw materials requirements or regulations of any civil or military authority, floods, water, wind, lightning, transportation, vandalism, acts of God, terrorism or burglary, foot & mouth disease, kennel cough, grass viruses, technical failure either by a network operator or a service provider (an "Event of Force Majeure").
12.2 Each of the parties hereto agrees to give notice forthwith to the other upon becoming aware of an Event of Force Majeure such notice to contain details of the circumstances giving rise to the Event of Force Majeure.
12.3 If a default due to an Event of Force Majeure shall continue for more than 180 days then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of an Event of Force Majeure.
13. RIGHTS OF THE COMPANY
Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
14. SEVERANCE
If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
15. WAIVER
Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract. Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Subscriber will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
16. GOVERNING LAW
The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the laws of England & Wales and the parties submit to the exclusive jurisdiction of the English and Welsh courts.
17. COMMUNICATIONS
17.1 All communications between the parties about this Contract must be in writing and delivered by hand or sent by pre-paid first class post, e-mail or sent by facsimile transmission:-
(a) (in case of communications to the Company) to its usual place of business or such changed address as shall be notified to the Subscriber by the Company; or
(b) (in the case of the communications to the Subscriber) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Subscriber set out in any document which forms part of this Contract or such other address as shall be notified to the Company by the Subscriber.
17.2 Communications shall be deemed to have been received:-
(a) if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting);
(b) if delivered by hand, on the day of delivery; and
(c) if sent by e-mail or facsimile transmission on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
17.3 Communications addressed to the Company shall be marked for the attention of the Company Secretary or the Managing Director.
18. Customer Support
The Subscriber can contact the Company by the following means;
18.1 email at info@thebettingtipster.com
18.2 telephone on 01291 399 981 between the hours of 9am - 5pm Monday to Friday
18.3 writing to The Betting Tipster, Riverside Court, Beaufort Park, Chepstow, NP16 5UH
Fitzroy West Limited, Registered in England Number 06671750, Registered Office C/O Clark Rees Ltd. Regus House, Falcon Drive, Cardiff Bay, Cardiff, Wales CF10 4RU.
