USER TERMS & CONDITIONS ("the Agreement")
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER WHICH CENTURYCOMM LIMITED TRADING AS RACING POST OFFERS YOU USE OF ITS INTERACTIVE SERVICES AS DEFINED IN CLAUSE 1.1 OF THIS AGREEMENT AND ITS WEB SITE RACING POST ONLINE LOCATED AT WWW.RACINGPOST.COM AND ITS MOBILE AND TABLET APPS, FOR EXAMPLE, ITS ANDROID, IPHONE AND IPAD APPS ("THE SITE"). BY USING ANY OF THE INTERACTIVE SERVICES AND/OR 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 Centurycomm Limited trading as Racing Post (registered number 3387163) whose registered office is 5 Fleet Place, London, EC4M 7RD, London, England ("we" or "us").
1. Interactive Services
1.1 We may make available to you on or via the Site chat areas, forums and/or other means by which communications may be made available and/or disseminated publicly; shopping and other commercial and/or transactional services including, without limitation, the supply of goods and/or services; advisory services; and/or competitions and/or prize draws (all together the "Interactive Services").
Interactive Services also include the content on the Site which is only available by subscription ("the Racing Post Members' Club Services") or the iPad App. You should visit the Terms and Conditions and the More Information about the Racing Post Members' Club section of the Site relating to the Racing Post Members' Club Services for more details about them, including access, costs and cancellation.
The information in any More Information about the Racing Post Members' Club sections of the Site, More Information about Racing Post Members' Club Daily and Multi Day Passes as part Racing Post Members' Club Services are also incorporated into these Terms and Conditions.
1.2 The Interactive Services may be operated by third parties and where they are this will be made clear to you. Where such Interactive Services are operated by a third party you may be asked to supply information and/or data (including, without limitation, financial, credit card and/or bank data), where that third party may have specific additional terms and conditions which apply. Further, when using such Interactive Services operated by such third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without us as a party and we cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
2. Use of the Site and the Interactive Services
2.1 The Site and the Interactive Services are for personal and non-commercial use only. You may copy electronically and print portions of the Site and/or the Interactive Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by the Site and/or the Interactive Services, in connection with any business or commercial undertaking (whether or not for profit). You must not display the Site or the Interactive Services or any part thereof in public. Any other use of materials on the Site and/or the Interactive Services, including User Generated Content (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without our prior written permission is strictly prohibited. You also agree not to deep-link and/or frame to any of the Site for any purpose, unless specifically authorised by us to do so.
You agree that:
(a) you shall not use the Site or the Interactive Services 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, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm our computer systems or any third party computer system; and
(b) you will keep your password(s) if any relevant to the Site and/or the Interactive Services secure and not let them become public knowledge or be used by any third party.
2.2 You agree that you will not submit any material to us ("User Generated Content") :
(a) that is in any way, threatening, abusive, offensive, defamatory, invasive of another ‘s privacy, in breach of confidence or privacy, embarrassing to any person, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable;
(b) in respect of which you do not have the necessary licences or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offenceor otherwise contrary to any law, regulation or code of practice, give rise to civil liability or infringe the rights of any third party;
(d) which is technically harmful;
(e) which is or may be deemed to be advertising or promotional materials;
(f) collect or store other users' personal data.
You will not impersonate any person or entity when submitting User Generated Content or misrepresent any affiliation with any person or entity.
We reserve the right to require you to change your user name for any reason.
You acknowledge that we have no obligation to monitor any User Generated Content but we have the sole discretion to display, modify, distribute or delete any such User Generated Content in our sole discretion and may remove any such material at any time. Notwithstanding this, you are solely responsible for and bear the risk associated with such User Generated Content, including any reliance on the accuracy, completeness or usefulness of the same.
In the event that you are in breach of these Terms and Conditions and/or our Standards for User Generated Content at any time, we may suspend or terminate any account that you have with us. You may not open another account with us and if you do, we reserve the right to terminate any such account. In the event that you continue to contravene these Terms and Conditions and/or the Standards for User Generated Content we reserve the right to contact your employer or your internet service provider.
We will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring us to disclose the identity or location of anyone who has submitted User Generated Content to us in breach or allegedly in breach of these Terms and Conditions and/or the Standards for User Generated Content
In relation to any User Generated Content, you automatically and hereby grant to us a perpetual, royalty free, irrevocable, non-exclusive right and licence to use, edit, reproduce, modify, publish, translate, create derivative works from and distribute such User Generated Content, in whole or on part, in any form, medium or technology now known or hereafter developed. In addition, as between you and us, you waive any and all moral rights in such User Generated Content.
Please also see our Standards for User Generated Content which also apply to User Generated Content and which are incorporated into these Terms and Conditions. In the event that you submit any material to us for publication, you will be deemed to have accepted these Terms and Conditions and Standards.
If you see in the Site and/or the Interactive Services any material submitted by a third party user of the Site which you believe to be in breach of these Terms and Conditions and/or the Standards for User Generated Content you may report it by sending an email to email@example.com. We cannot guarantee that any action will be taken as a result of your email.
2.3 The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material in the Site and/or the Interactive Services is owned by us and/or our respective licensors.
• use of, or inability to use, our site; or
• use of, or reliance on, any content displayed on our site.
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
2.5 The Site and/or the Interactive Services may include links to web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and we are not responsible for and do not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law).
2.6 We are the owner of:
(a) those trade mark(s) indicated as such throughout the Site from time to time; and
(b) all other trade marks used in the Site and/or the Interactive Service which are not licensed to it by any third party. All other trade marks, product names and company names or logos cited therein are the property of their respective owners
3. Availability and Security of the Site and the Interactive Service
3.1 Due to the nature of the Internet, we do not promise full and error free operation of the Site and/or the Interactive Services at all times. All of our liability and that of our directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site and/or the Interactive Services is excluded, insofar as it is possible to do so in law.
3.2 Any and all information or material of whatever nature added to or stored by you on the Site ("your material") is so added or stored entirely at your own risk. All of our and the liability of our directors or employees in respect of the loss or deletion of your material or your inability for whatever reason to access your material is excluded to the fullest extent permitted by law.
3.3 We shall use reasonable endeavours to ensure that the Site, the Interactive Services and any information it holds on you are kept secure. However, due to the nature of the Internet, we 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 (save to the extent that we are unable to exclude such liability by law).
3.4 From time to time, your access to the Site and/or the Interactive Services may be suspended in order for work to be carried out relating to upgrading or maintenance or otherwise as necessary for the provision of the Site and/or the Interactive Services. We shall endeavour to ensure that such works are carried out as expeditiously as is possible in the circumstances.
Where you are asked to complete a registration form for us the personal details that you provide must be true, accurate and complete.
5. Data Protection and Use of Personal Information
6.1 Subject to the remainder of clause 6 below and to any charges made for Racing Post Members' Club Services or the iPad App Edition, the Site is currently made available without charge to you by us. However, you are responsible for all telephone charges necessary to access and use the Site including, for the avoidance of doubt, the Interactive Services which are made available.
6.2 In addition to the Racing Post Members' Club Services, access to some other parts of the Interactive Services is currently made available by payment only. These include Racing Post Members' Club Daily / Multi Day Pass Services and the iPad App edition.
6.3 The iPad App edition is available via iTunes. If you have any problems with any payments in respect of the iPad App edition, please contact our Support Centre on +44 (0) 20 7748 3771.
6.4 You must provide us with complete and accurate payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to us you warrant that you are entitled to purchase the Interactive Services, including the Racing Post Members' Club Services, using those payment details. We will continue to collect these recurring payments for your subscription until you cancel the service, see 7 below. We will use the standard card Updater file service used by banks and subscription providers to collect expiring and other card details if and when these become out of date. This is done according to the UK banks procedures for collecting and distributing this data. In the case of unauthorised payments we reserve the right to suspend or terminate your access to the Interactive Services and the Racing Post Members' Club Services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Interactive Services, including the Racing Post Members' Club Services. Please ensure that your payment card details are kept up to date. If we are unable to process payment from your card, it will be necessary to suspend your access to the Interactive Services, until you provide us with details of a valid credit card. You can do this by telephoning Racing Post Customer Services on the numbers provided or by updating your card details on your www.racingpost.com ‘My Account' page. You will still be liable for any outstanding payments that could not be met when your access to the Interactive Services was suspended.
6.5 We will try to process your payment promptly but this does not guarantee that the Interactive Services or the Racing Post Members' Club Services will be available to you by any specified time. A contract with you for receipt of the Interactive Services or the Racing Post Members' Club Services or Racing Post Members' Club Daily / Multi Day Pass Services will become legally binding from the time at which we take payment from you.
6.6 We will charge you in British PoundsSterling or, at our discretion, in Euros, depending on the service and your country of residence. You may also have to pay any applicable local taxes.
6.7 If a free trial is made available to you, you will only be charged with effect from the expiry of that free trial period. No more than one free trial per subscriber is allowed. We reserve the right without notice and at any time to terminate any free trial.
Ipad app edition
7. Refunds, Returns & Cancellation
These Terms & Conditions relating to refunds, returns & cancellation do not affect Your Statutory Right to Cancel
7.1 Refunds for all Interactive Services including Racing Post Members' Club Services
(a) Any reimbursement or refund made by us in relation to Interactive Services, including Racing Post Members' Club Services will only be made to the bank account or debit/credit card used to make payment or part payment for the Interactive Services, including the Racing Post Members' Club Services concerned. We will in no circumstances pay money to the credit of a third party or to any other bank account, debit or credit card. If we are for any reason unable to make a refund to your bank account or debit/credit card for any reason the refund will be sent by cheque to you to the address you have notified to us as part of the original registration process or any update of such address.
(b) We may also charge you a reasonable sum to cover our administrative costs in processing any request for a refund.
(c) We will refund to you all monies due to you in relation to your cancellation or downgrading of your subscription package within 30 days of the date on which such cancellation or downgrade takes effect.
To upgrade, downgrade please email firstname.lastname@example.org or telephone our Customer Services team on 020 7748 3771 Monday to Saturday 8am-10pm, Sundays and bank holidays 10am-10pm.
To cancel your subscription please telephone our Members' Club subscription cancellation team on +44 (0) 1933 445177 Monday - Friday 9am-8pm.
7.1 Returns Policy for books, audio, DVD and software and other items purchased from the Racing Post shop
21-day Returns Policy
Our 21-day returns guarantee
Our 21-day returns policy guarantee means that if for any reason you are unhappy with any purchase, you can return it to us in its original condition so that we receive it within 21 days of the date you received the item, (with any seals and shrink-wrap intact in the case of audio, video or DVD or software products) and we will issue a full refund for the price you paid for the item--see our Refunds Policy in paragraph 7.2. We can only accept the return of opened items of audio, video or DVD or software products if they are faulty.
7.2 Refunds Policy for books, audio, DVD and software and other items purchased from the Racing Post shop
Our refunds policy for books, audio, DVD and software and other items purchased from the Racing Post shop does not affect your statutory rights.
When you send your item back to us, we'll process the returned item then notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within three weeks of our receiving your return.
For more information on shop refunds please contact the shop team on +44 (0)19 33304 845 for further assistance.
7.3 Your Statutory Right to cancel and cancellation of Racing Post Members' Club Services
By law, you have the right to cancel the contract for the purchase of goods and services within seven working days beginning with the day after the date an item is delivered. To cancel any purchase, when it consists of physical products such as books, videos, DVDs or software products, within the seven working-day period, please contact our Support Centre on +44 (0) 1933 304 858 or e-mail us at email@example.com for advice on how to return purchased items.
However, we cannot accept cancellations of contracts for audio, video or DVD or software products where the item has been unsealed.
Additionally, we are unable to accept cancellation of, or make refunds for, digital items such as PDFs where the item has been downloaded or in relation to any part of the Interactive Services for which payment is required, once these Services have been accessed in respect of which you may cancel in accordance with the More Information about Member's Club Services section of the Site following which refunds will be made in accordance with paragraph 7.1.
However, if you have not downloaded the digital item or accessed it via the Interactive Services or accessed Racing Post Members' Club Services (whether you are a new subscriber or have upgraded or downgraded your package), you may cancel the contract (or your upgrade or downgrade) at any time before the end of the seven working-day period by contacting +44 (0) 2077 483 771.
This means that in relation to Racing Post Members' Club Services if you have not accessed the package to which you have subscribed (whether you are a new subscriber or have upgraded or downgraded your package) within the seven working-day period you may cancel the contract (or your upgrade or downgrade) pursuant to your statutory right to cancel by contacting +44 (0) 207 7483 771. If you do not cancel within this time you will be able to cancel in accordance with the More Information about Member's Club Services. In both cases any refunds due to you will be paid in accordance with paragraph 7.1 and 7.1.1.
Your statutory right to cancel an upgrade or downgrade does not mean that you can cancel the whole contract. If you cancel an upgrade or a downgrade pursuant to your statutory right to cancel you will revert to the package you were subscribed to before.
8.1 We may permanently terminate your access to the Interactive Services immediately for any reason.
8.2 There is no specific time limit applying to your use of the Interactive Services on these terms and conditions. However, we reserve the right to suspend or terminate your access to the Interactive Services if you breach these terms and conditions, with or without notice and without further obligation to you.
8.3 In the event that we terminate your access to the Interactive Services as a result of your breach of these Terms and Conditions or the Racing Post Members' Club Terms and Conditions there will be no refund to you of the unused portion of any Membership Fees.
Where a claim is brought against us by a third party in relation to your use of the Site and/or the Interactive Services or any User Generated Content, you agree to fully reimburse us and all companies within our group of companies (i.e. companies which share the same ultimate parent company) for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by us or companies within our group (i.e. companies which share the same ultimate parent company) in or as a consequence of your breach of this Agreement and/or your use of the Site and/or Interactive Service and/or any User Generated Content which is included in the Site and/or the Interactive Service.
10. 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.
Any notices we send to you will be sent to the email address you supply during the Racing Post registration process or any updated email address. Any notices you send us should be sent by email to firstname.lastname@example.org. Notices will be deemed to have been delivered at the time and date of sending of the email, which time and date are specified in the email.
Either party may also give notice to the other by first class post to the other party's address. Any notices we send to you by first class post will be sent to the address you supply during the Racing Post registration process or any updated address. You may send notices to us at the address set out at the head of these Terms and Conditions. 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 posting.
12.1 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 our prior written consent.
12.2 We reserve the right to assign or transfer all or any of our rights and obligations under this Agreement to any companies in the same group (i.e. companies which share the same ultimate parent company) or another third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site.
13. 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.
14. Entire Agreement
This Agreement, together with any other terms and conditions or other contractual terms relating to your access to or use of any Interactive Services, including, without limitation, the Racing Post Members’ Club Daily / Multi day pass services, constitutes the entire agreement between us and you with respect to this subject-matter and excludes any representations or warranties previously given or made (other than any fraudulent misrepresentation) and it may be amended only by us on notice to you.
15. Variation of Terms
We reserve the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted here. We recommend you check back regularly to ensure you are aware of any changes. Changes made in this manner shall be deemed to have been accepted if you continue to use the Site and/or the Interactive Services after the date of transmission of the e-mail or of posting here, whichever occurs later.
16. Law and Jurisdiction
These Terms and Conditions and your access to and use of Site and/or the Interactive Services are subject to the laws of England and you submit to the exclusive jurisdiction of the courts of England.
If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
18. ThirdParty Rights
These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.