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PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER WHICH THEBOOKIEBASHER OFFERS YOU USE OF ITS WEB SITE AT WWW.THEBOOKIEBASHER.COM (‘THE SITE’). BY USING THE SITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE LEAVE THIS WEB SITE.
This Agreement is made between you and Thebookiebasher.com. All subscribers to this service must be 18 years of age or older. Thebookiebasher and any affiliated persons or companies will not be held responsible for the use of the site or information presented on it or via the SMS (Short Message Service) nor for any financial commitment undertaken in any way by a person or persons under 18 years of age.
- The Site is for personal and non-commercial use only. You may copy electronically and print portions of the Site for your personal, non-commercial use only. You are not permitted to indulge information on this site to other parties. When signing up for membership to this site including the 30 day free trial period you agree to abide by the terms and conditions.
- You agree that you shall not use the Site to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code.
2.1 Any such breach of clause 2 will result in immediate withdrawal of membership without refund in ALL instances.
- You will keep your password and username secure and not let it become public knowledge.
- If you choose to register information on the members tipping page you automatically and hereby grant to Thebookiebasher a perpetual, royalty free, irrevocable, non-exclusive right and licence to use, reproduce, modify, publish, translate, create derivative works from and distribute such text or graphics into any form, medium or technology now known or hereafter developed. In addition, as between you and Thebookiebasher, you assert and waive any and all moral rights in such text or graphics.
- The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material in the Site is owned by Thebookiebasher and/or its respective representative.
- Thebookiebasher shall use reasonable endeavours to ensure that the Site, and any information it holds on you are kept secure. However, due to the nature of the Internet, Thebookiebasher cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking.
- Registration
Where you are asked to complete Thebookiebasher registration form the personal details that you provide must be true, accurate and complete. You will be asked to provide a username & password and it is only your username details and County / Town of residence that will be displayed if you visit the members tipping page.
- Data Protection and Use of Personal Information
Information may be gathered from your registration form and your use of the Site including through ‘cookies’. Cookies are blocks of text placed in files on your computer’s hard drive when you visit a web site which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name, unless the cookie is attached to personal information collected another way, such as by means of your on-line registration form.
The information gathered may be used by Thebookiebasher internally, for purposes relating to your use of the Site and for marketing activities, this information will not be passed to a third party.
Thebookiebasher may forward your personal details to the Police or other regulatory body to comply with the law or in relation to suspected misuse by you of the Site. Where it is lawful and necessary Thebookiebasher may also monitor emails you send and receive.
Other than as set out elsewhere in this clause 8, your information shall not be disclosed or used by us. You hereby agree to these terms in this clause 8 by your agreement to the terms and conditions of this Agreement.
- Payment
9.1 A Thirty Day Free Trial period is available to all new members. After the conclusion of the thirty day free period members are under NO OBLIGATION to continue with their membership to the site. Membership will be charged @ £65.00 per month (30 days) or £150 per quarter (90 days) or £500 per year. Membership subscriptions are subject to review and may be amended at anytime but will not be applied during active periods of membership. Thebookiebasher uses the PayPal secure payment scheme. Once membership has been activated, your renewal premiums will be automatically taken from your account unless notification is given to cancel. The notification period for acceptance of cancellation is notified by PayPal upon registration. Thebookiebasher accepts no responsibility for payments which have been made where a member has forgotten to cancel or has missed his/her cancellation deadline. In such instances, membership will be renewed for the given period. Refunds will not be given. In exceptional circumstances refunds are at the discretion of Thebookiebasher.
9.2 All payments made are strictly non-refundable.
9.3 Members will be notified by email when their membership is due to expire. Membership will automatically be renewed for the same period unless cancelled in PayPal within the given time (see 9.1).
9.4 Free trial period is strictly limited to one user on one occasion. To ensure & prevent misuse of the facility you will be asked to visit the site via a link, which will be sent to you by email when you first complete the registration form.
9.5 You must provide PayPal with complete and accurate payment information. You can pay by either credit or debit card. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to this site.
9.6 Thebookiebasher will try to process your payment promptly but does not guarantee that the Membership access will be available to you by any specified time. Your Membership will come into effect when Thebookiebasher sends you an email confirming your username & password.
9.7 Thebookiebasher will charge you in British pounds sterling.
- Our Services
10.1 The information displayed on the site is not guaranteed nor is it purported to be of defined fact. The information is displayed as opinion only but will always be intended as a true and genuine belief as stated by the individual/s representing Thebookiebasher.
10.2 Slang Racing terminology (without limitation) such as ‘Banker’ ‘Lump On’ ‘Donkey’ ‘Good Thing’ ‘Flying Machine’ etc. will be used by Thebookiebasher from time to time but these terms will be used in the interests of advertising and editorial punch and should not be taken as truth or fact.
10.3 Thebookiebasher accepts no responsibility for the loss or gains made in the backing or laying of horses as suggested on this site. As with all gambling we support caution and consideration of consequences in all instances.
- Availability and Security of the Site
Due to the nature of the Internet, Thebookiebasher does not promise full and error free operation of the Site at all times. All liability of Thebookiebasher, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site is excluded, insofar as it is possible to do so in law. However, in the event of continuous inability to use the site, all membership periods will be extended for the number of days lost at the discretion of Thebookiebasher and/or its representatives.
- Termination
Thebookiebasher may permanently terminate your membership without refund in the event of a breach to clause 2.
- Claims
Where a claim is brought against Thebookiebasher by a third party in relation to your use of the Site. You agree to fully reimburse Thebookiebasher for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by Thebookiebasher and/ or their representatives in or as a consequence of your breach of this Agreement and/or your use of the Site.
- Force Majeure
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure.
- Notices
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by email or first class post, to the other party’s address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by email shall be deemed to have been delivered on the next working day following transmission.
- Assignment
16.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Thebookiebasher prior written consent.
16.2 Thebookiebasher reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any other third party. In the event of assignment or transfer, notification will either be given to you by email or posted on the Site.
- No Waiver
Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
- Variation of Terms
Thebookiebasher reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by email or posted on the home pages of the Site. Changes in this manner shall be deemed to have been accepted if you continue to use the Site after a period of two weeks from the date of transmission of the email or of posting on the home pages of the Site, whichever occurs later.
- Law and Jurisdiction
Where the Site is accessed from England or Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Site is accessed from Scotland or Northern Ireland this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.
Effective July 2005
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