Site Terms and Conditions

1.1 Thank you for accessing www.turftrax.com (the "Site"). This Site is owned by Betgenius Limited (a company incorporated in England and Wales with company number 4062777) ("TurfTrax.Com", "We", "our", "us"). The registered office is 2nd Floor, 46 Aldwych, London, WC2B 4LL. The registered VAT number of Betgenius Limited is GB 769 0316 15.

Use of the Site

2.1 Access to, and use of this website is subject to these terms and conditions of use (the "Terms") and to our Privacy Statement. By accessing, browsing or otherwise using the Site you signify your acceptance of these Terms. From time to time we may amend the Terms. By Continuing to use the Site after such amendments have been made you are agreeing to be bound by the Terms as amended. If at any time you do not agree to these Terms you should discontinue your use of the Site. These Terms form a legally binding Contract between you and us.
2.2 This Site provides horseracing information services. The information on this Site is not directed at residents of the United States or any particular country outside the UK and is not intended for publication in, or use by, any person in any country or jurisdiction where such publication or use would be contrary to local law or regulation. It is your responsibility to ensure that your access and use of this Site is lawful in your own jurisdiction.
2.3 You must register with us to have access to most of the information and services available on this Site. If we provide you with a username and password it is your responsibility to keep them secure and confidential. You must notify us immediately should you suspect any unauthorised use of your username and password.
2.4 You must be over eighteen (18) years of age to become a registered user of this Site and to subscribe to any of the services we provide. We specifically exclude children under eighteen (18) years old from entering into a contract with us.

Content

3.1 While we have made every effort to ensure the accuracy of the information on this Site, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Site.
3.2 Web sites to which this Site is linked have not been reviewed by us. We do not have any responsibility or control over the content of such web sites and accept no responsibility or liability for any losses or damage you suffer as a result of your use of any third party web sites linked to this Site. Please refer to the terms and conditions of such web sites.
3.3 All material on this Site, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks and all other material ("Content") are protected by copyright, trade marks and/or other proprietary rights. The Content includes both content owned and controlled by TurfTrax.com and content owned and controlled by third parties which is licensed to TurfTrax.com. All individual articles, reports and other elements making up this Site may be copyright works.
3.4 You may not use any of our trade marks or trade names without our prior written consent. Under no circumstances may you use our trade marks or names in any way which disparagers or discredits TurfTrax.com.
3.5 You acquire no rights or licences in or to the Site and/or the Content other than the limited right to use the Site in accordance with these Terms. Other than as set out in this clause 3.5 you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, adopt, upload to create derivative works form, transmit or in any other way exploit any part of the Site. Unless otherwise expressly authorised by us, download is permitted on the basis that (i) you make no more than one (1) printed copy of such download (ii) you make personal, non-commercial use of such download and/or printed copy and (iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices. Additionally you may not offer for sale or sell or distribute over any other medium the Content of any part thereof. You may not make any part of the Site available as part of another web site, whether by hyperlink framing on the Internet or otherwise. This Site and the information contained therein may not be used to create a database of any kind nor may the Site be stored (in its entirety or in any part) in databases for access by you or any third party.
3.6 This Site is protected by applicable UK and international intellectual property right laws. Any infringement of our intellectual property rights will be prosecuted to the fullest extent permitted by law.

Limitation of Liability

4.1 Information on this site is provided on an "as is" and "as available" basis. We do not warrant that the Site is compatible your computer equipment, that it will run uninterrupted or that the Site or its server is free of errors, viruses, worms, "Trojan Horses" or other such destructive features. To the fullest extent permitted by applicable law we exclude all other warranties, express or implied, as to the operation of this Site, its Content and/or any products or services made available through it.
4.2 You acknowledge that we may from time to time suspend the availability in order to carry out routine maintenance, perform upgrades, nightly backups and so on. You further acknowledge that we may change the Content or technical specifications of any aspect of the Site at any time at our sole discretion.
4.3 We do not exclude or limit any legal rights that you have as a consumer under English law. Further, nothing in these Terms is intended to limit our liability to you for death or personal injury resulting from our negligence (including the negligence of our employees, representatives or agents) or from fraud.
4.4 Subject to clause 4.3, our total liability to you whether based on contract, tort (including negligence) or otherwise, is limited to the total subscription fees paid by you in the calendar year in which liability arose or £1000 for all foreseeable losses arising out of your use of the Site or any of the products or services made available through it. Losses are foreseeable where you and we could contemplate them at the time these Terms were entered into.
4.5 Subject to clause 4.4, we are not responsible for indirect losses (including but not limited to loss of profits, business, revenue, opportunity, data or software) whether based on contract, tort (including negligence) or otherwise, which result as a side effect to the main loss or damage and which are not foreseeable by you and us.
4.6 WARNING: GAMBLING INVOKES RISK. BY GAMBLING YOU RUN THE RISK THAT YOU MAY LOSE MONEY OR SUFFER PSYCHOLOGICAL INJURIES. YOU GAMBLE AT YOUR OWN RISK. For the avoidance of doubt, we are not responsible for your gambling losses.
4.7 The Predictor Service is an information only service. The information contained within the Predictor Service is subject to these Terms including this Clause 4 and in no way does the Predictor Service ensure or guarantee race results.

Payment and Cancellation of subscriptions/refunds

5.1 You acknowledge that should you decide to become a Premier Member you will be required to make payment to us for the services that such membership entitles you to receive..
5.2 The Premium 1 Month Payment Plan requires a one off payment, to be made on the date that you sign up to the relevant subscription service. In respect of the Monthly Repeat Payment Plan the first payment shall again be made directly after you have signed up to this service. Thereafter we will continue to debit your credit/debit card on a monthly basis, on the same date of each month (the "Monthly Repeat Payment Date") unless or until you cancel your subscription in accordance with these Terms (see below). Where the Monthly Repeat Payment Date does not recur in a particular month, you will be charged on the closest preceding date to the Monthly Repeat Payment Date (i.e. if you sign up to the service on January 30th, your card will next be debited on February 28th). In the event that we increase the charge for this particular service, we will give you [30] days prior written notice (either by email or by post) and will also publish details of any revised charges on this Site. If you do not agree to such changes to the cost of the Premium Monthly Repeat subscription service, then please cancel your subscription in accordance with the provisions set out below.
5.3 Cancellation / Refund
By upgrading to Premier Membership status, you acknowledge that the Premier Membership services are available to you as soon as you submit your credit card details to us (via the WorldPay web site) and you have received the automatic confirmatory email following a successful payment transaction. You agree therefore to waive any rights that you may otherwise have under the Distance Selling (Consumer Protection) Regulations 2000 to an automatic cancellation of your subscription within a seven (7) day period, on the basis that you will have access to the services before the expiry of this seven (7) day period.
5.4 However TurfTrax.Com may offer you a refund or cancellation of your Premier Membership or Predictor Credit Payment Plan subscription payment where after having successfully completed a subscription payment, you do NOT subsequently log on to the premium content areas or use the Predictor Credit areas of the Site at any time throughout the period of your chosen subscription plan (please note that TurfTrax.Com employs user data logging systems – strictly in accordance with our Privacy Statement - to help us monitor your use of the Site in this regard). This limited right of cancellation is the ONLY right of cancellation available to you should you choose either the Premium 1 Day, 1 Week, 1 Month Payment Plans or a Predictor Credit Payment Plan. If you wish to request a refund on this basis, please contact us by clicking into our online feedback form.
5.5 However, where you have chosen the Premium Monthly Repeat Payment Plan, in addition to the above right of cancellation, you are also entitled to cancel your subscription at any time AFTER the first Monthly Repeat Payment Date (that is after the first month of your subscription), for any reason, in which case we will refund such part of your pre-paid monthly subscription plan charge as relates to the period after the date of such cancellation, on a pro rata basis. [Alternatively if you send us an email to info@turftrax.com at least 7 days in advance of the Monthly Repeat Payment Date (which includes the first Monthly Repeat Payment Date) we will not debit your credit/debit card on this date and will terminate your account accordingly.

Privacy Statement
6.1 TURFTRAX.COM has created this privacy statement in order to demonstrate our firm commitment to privacy for our uses. The following privacy statement discloses our information gathering and dissemination practices for this Site. It explains:
  • What personally identifiable information TURFTRAX.COM collects about users and why
  • How such information is collected through the Site
  • What choices are available to users regarding collection, use and distribution of the Information.
  • Which organizations collect the information
  • With whom TURFTRAX.COM may share user information
  • What types of security procedures are in place to protect the loss, misuse or alteration of information under the control of TURFTRAX.COM
  • How users can correct any inaccuracies in the information.
If you have any questions or concerns regarding this Privacy Statement, please contact us via the website here.

Betgenius Limited, and where applicable its business partners, are the sole owners of the information collected on www.TurfTrax.com

Registration

6.2 In order to use this Site, you must first register via the 'Registration' process. During registration you are required to give contact information (such as a name and an email address) which will identify you personally. We use this information to contact you about services on our Site for which you have expressed an interest. It is optional for you to provide demographic information (such as age), and unique identifiers (such as, username and password), but we encourage you to do this so we can provide you with a more personalized experience of our Site. If you wish to become a Premier Member, we need to know your credit card number and expiration date in order to process the your transaction and allow you to begin full usage. If we have trouble processing a subscription, the information is used to contact you.

Information Use

6.3 IP Address
We use your Internet Protocol (IP) address to help diagnose problems with our server, and to administer the Site. When subscribing, or logging into our secure server, your IP address is tracked against your user ID for the dual purposes of preventing fraud and creating an audit trail.

Cookies
A cookie is a piece of data stored on your computer that identifies your computer to our server. We use them to help tailor your experience of our Site. For example, a cookie might contain information about the web pages you have visited on the Site, which could allow us to customise your next visit to the Site. Cookies do not in themselves identify individual users of our Site, but instead identify the computer used. Use of cookies will not give us access to the rest of your computer. We use fixed and session cookies and these session-only cookies terminate at the end of the user session. To learn more about cookies, please visit http://www.microsoft.com/info/cookies.htm

Should you object to the use of cookies, most internet browsers can be reconfigured in order to alert you to their use/enable you to reject them. The above web site also contains details of how to do this. However, in refusing the use of cookies, you may not be able to use certain services or facilities on this Site.

Some of our business partners use cookies on our Site (for example, advertisers). However, we have no access to or control over these cookies, once we have given permission for them to set cookies for advertising. You will still be able to reconfigure your browser to alert you to their use however, and to disable them should you wish to do so.

Log Files
Like most standard Web site servers we use log files to record the use visitors make of our Site. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the Site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. Log files are not used in themselves to collect personally identifiable information about you.

Profile
We may link together information that we collect through cookies, log files, clear gifs, and other such devices and/or from third parties to build up a profile of you. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to other information we collect about you which does personally identify you in order to allow us to provide you with relevant offers and improve the content of the Site. This profile is also used to tailor your visit to our Site, and to direct relevant marketing promotions to you. We do not share your profile information with other third parties.

Special Promotions, news and updates to the Site
We may also use information such as email addresses to alert our customers of special promotions that we may be running or to inform you of any news or changes that might affect your Turftrax experience. If you have agreed to be included in our mailing list you can at any time request us to remove your details from the list by contacting us using our online contact form.

Communications from the Site: Special Offers and Updates
We send all newly registered members a welcoming email to verify username. Established registered members will occasionally receive information on services, special deals, and a newsletter. Out of respect for the privacy of our users we will obtain your 'opt-in' consent during the registration process before we send you these types of communications. Should you not wish to receive such communications, you can at any time ask us to stop sending them by contacting us via our online feedback form.

Newsletter
If a user wishes to subscribe to our newsletter, we ask for contact information such as your name and email address. If at any time you wish us to discontinue sending you the newsletter, please contact us via our online feedback form to opt out.

Service Announcements
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature. Users may opt-out of these communications. Please contact us via our online feedback form to opt out.

Customer Service
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we will contact you via email or phone, in accordance with your wishes.

Who has access to your Information?

6.4. Turftrax.com will neither rent, sell nor make available your personal information to any third party unrelated to it, other than where we believe that the law requires it (for example where such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Site) or where we have sought and been given your specific permission to do so.

Third Party Intermediaries
We use a credit card processing company to process transactions. These companies do not retain, share, store or use information that may personally identify you for any secondary purposes.

Business Transitions
In the event TURFTRAX.COM goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred. Users will be notified via email prior to a change of ownership or control of their personal information in order to obtain the consent to such transfer.

Choice/Opt-out
Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.

Links to Third Party Sites
This Site contains links to other web sites. Please be aware that we TurfTrax.com are not responsible for the privacy practices of such web sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every web site that collects personally identifiable information about them. This privacy statement applies solely to information collected by this Site.

Surveys and competitions
From time-to-time, we request certain information from users to allow them to participate in surveys or competitions. Participation in these surveys or competitions is completely voluntary and you have a choice therefore whether or not to disclose the requested information. Such information typically includes contact information (such as name), and demographic information (such as post code). Contact information will be used and shared with the competition sponsors to notify the winners and award prizes. Anonymous survey information will be used for the purposes of monitoring or improving the use and satisfaction of our users with this Site. We will not share any information that identifies you personally with any third parties unless we have obtained your prior consent. Although we may use an intermediary to conduct these surveys or competitions, they may not use your personally identifiable information for any secondary purposes.

Users 18 and Under

6.5 We will not intentionally collect any information about visitors to this Site who are under eighteen (18) years of age. We specifically instruct children under eighteen (18) years of age not to submit information to this Site under any circumstances.

Security of your Information

6.6 We take every reasonable precaution to protect and prevent the loss, misuse or alteration of information that you provide to us. When you submit information via our Site, your information is protected both online and off-line.

When our registration/order form asks you to enter sensitive information (such as a credit card number), that information is encrypted and is protected with the best encryption software in the industry - SSL (Secure Socket Layer) technology. While on a secure page, such as our payment area for Premier Membership subscription services, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just 'surfing'.

While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, and not just the sensitive information, is held securely at our offices. Only employees who need the information to perform a specific job (for example, our customer service representative) are granted access to your personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to user information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every year, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users' information is protected. Finally, the servers that store personally identifiable information are located in a secure environment.

If you have any questions about the security of your information, please contact us using our online feedback form.

The Data Protection Act 1998
Under the Data Protection Act 1998 (UK legislation) we have a legal duty to protect any information we collect from you. We use leading technologies and encryption software to safeguard your information, and maintain strict security standards and policies in order to prevent any unauthorized access to or use of it.

Correcting/Updating/Deleting/Deactivating Personal Information

6.7 If a user's personally identifiable information changes (such as post code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users' personally identifiable information. This can usually be done at the member information page or using our online feedback form.

Notification of Changes

6.8 If we decide to change our privacy practices, we will post those changes to this Privacy Statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Statement current at the time the information was collected.

If, however, we are going to use your personally identifiable information in a manner different from that stated at the time of collection we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. However, if you have opted out of all communication with the Site, or deleted/deactivated your account, then you will not be contacted, nor will your personal information be used in this new manner. In addition, if we make any material changes in our privacy practices, even where they do not affect user information already stored in our database, we will post a prominent notice on our Site notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Disputes

7.1 TurfTrax promises to ensure complete openness and clarity in all its financial relationships with customers. In the event that there is no amicable agreement in a dispute, TurfTrax agrees to abide by independent arbitration.

Events beyond our control

8.1 Turftrax.com will not be responsible for any breach of these Terms caused by circumstances beyond its control.

Applicable Laws

9.1 The Terms are governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.

Contact Information

10.1 If users have any questions or suggestions regarding our privacy policy, or complaints about any aspect of our service, please contact us at:

Phone: +44 (0)1722 434000
Fax: +44 (0)1722 434040
Email: Please use our online contact form

Postal Address
Betgenius Limited
46 Aldwych
London
WC2B 4LL












 
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