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TERMS & CONDITIONS of SERVICE
When subscribing to the
Stable Whispers Racing Service you agree to the
following terms and conditions:
Provision of
StableWhispers.com Service
1.1 StableWhispers.com 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 StableWhispers.com from time to time
for its customers generally. StableWhispers.com will use
all reasonable endeavours to maintain the Service.
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.
StableWhispers.com 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.
1.2 Selections are provided by
way of email.
1.3 StableWhispers.com 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.
1.4 StableWhispers.com will
procure the provision by its information providers of
regular selections during the subscription period and
for that purpose at least one selection will be given
per subscription period.
1.5 Recognising the time
sensitive nature of selections provided by its
Information Providers, StableWhispers.com will use all
reasonable endeavours to enable members to place a bet
at the most advantageous price; nonetheless neither
StableWhispers.com nor its information provider(s) shall
be held responsible if the price of the selection falls
due to heavy backing.
1.6 In the event that
StableWhispers.com fails to procure a minimum of one
selection per subscription Period then the Member will
be entitled to a refund on the remaining part of the
subscription period. Applications for a refund must be
made to Scott Daniels, SBK Media
mail@skybluekangaroo.com Where a refund is properly
due under these Conditions StableWhispers.com will
provide its payment within 4 weeks.
Members' Use of the
Service
2.1 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, Subscribers must not provide or otherwise
make available any selection(s) to non member third
parties.
2.2 StableWhispers.com attaches
the utmost importance to the protection and enforcement
of the legal rights to which StableWhispers.com 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 that
subscribers acknowledge and agree:
2.3 The service and selections
are made available for use solely by each individual
subscriber alone in placing bets;
2.4
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;
2.5 Subscribers shall not
retain any part of the service or any selection(s) or
information for re-use in any computer system or
database.
2.6 Any failure by the
subscriber to comply with the provisions of this
Condition shall be a fundamental breach of the contract
entitling StableWhispers.com to:
2.7 Terminate the contract and
the provision of the service(s) forthwith (without
notice); and without recompense.
2.8
The subscriber shall indemnify, defend and hold harmless
StableWhispers.com and its information providers in full
against all losses, costs, damages, charges, expenses
and other liabilities incurred by or awarded against
StableWhispers.com or any of its information providers
as a result of or in connection with any breach of this
Condition by the subscriber.
2.9 StableWhispers.com 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.
2.10 StableWhispers.com shall
not be liable in contract, delict or otherwise for loss
of profits, business or anticipated savings or for any
indirect or consequential loss whatsoever.
Termination
3.1 Without prejudice to its
other rights and remedies, StableWhispers.com may
terminate the contract forthwith and without notice:
3.2 If the subscriber fails to
pay the subscription charges or is otherwise in material
breach of this contract.
3.3 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.
3.4 By notice - in the case of
StableWhispers.com by at least seven 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).
Availability and Accuracy
of Information
4.1 StableWhispers.com reserves
the right to change the content, presentation,
performance, user facilities and availability of any
part of the services at its sole discretion. Neither
StableWhispers.com 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.
4.2 No guarantees are made by
StableWhispers.com 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.
4.3 Services provided by
StableWhispers.com and its clients are regulated by U.K.
laws and regulations. Users of any of the services
provided by StableWhispers.com 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.
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