Racing Post Members' Club services terms and conditions

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY, IN CONJUNCTION WITH THE USER TERMS AND CONDITIONS ("USER AGREEMENT") WHICH APPLY TO THE INTERACTIVE SERVICES AND THE WEBSITE WWW.RACINGPOST.COM, SET OUT THE TERMS UNDER WHICH CENTURYCOMM LIMITED TRADING AS RACING POST OFFERS YOU USE OF THE RACING POST MEMBERS' CLUB SERVICES

 

THESE TERMS AND CONDITIONS ARE IMPORTANT AND WILL APPLY TO YOUR SUBSCRIPTION TO THE RACING POST MEMBERS' CLUB SERVICES. YOU SHOULD READ THESE TERMS AND CONDITIONS BEFORE YOU SUBSCRIBE SO THAT YOU UNDERSTAND THE CONTRACT WHICH YOU WILL BE ENTERING INTO.

 

These are the terms and conditions (the "Terms and Conditions") for subscribing to the Racing Post Members' Club Services, as defined in paragraph 1 below. The Racing Post Members' Club Services are provided to you, the Member ("you", "your") on the basis that you accept the terms of this contract. It is a legal agreement and it sets out the rights and obligations of you and Centurycomm Limited including its agents, sub-contractors and all group companies ("we", "us""). By subscribing for the Racing Post Members' Club Services you are agreeing to be bound by and to observe these Terms and Conditions.

 

About Centurycomm Limited: Centurycomm Limited is a company registered in England and Wales (registered number 3387163). If you need to contact us in relation to the Racing Post Members' Club Services you can email us at help@racingpost.com or by post to One Canada Square, Canary Wharf, London, E14 5AP, United Kingdom. The Racing Post Members' Club Services are provided to you from within the United Kingdom. Centurycomm Limited's VAT number is GB916280331

 

  1. Service Description

 

1.1 The Racing Post Members' Club Services provide access to premium data, news, tipping, and audio/video content provided by us and certain third parties (the "the Racing Post Members' Club Services").

 

1.2 We may from time to time make additional services and facilities available in connection with the Racing Post Members' Club Services. We reserve the right to make any such additional services or facilities available to you at additional cost and on an optional basis.

 

  1. Use of the Racing Post Members' Club Services

 

2.1 When you subscribe for the Racing Post Members' Club Services, we will provide you with access to the advertised features and services comprised in the Racing Post Members' Club Services. As part of the Racing Post Members' Club Services we may provide access to certain video and audio footage, photographs, text images, statistics, logos and other media and intellectual property relating to us or our licensors. All design, text, graphics, footage and the selection or arrangement thereof and all intellectual property rights (including copyright) in those things belong to us or our licensors.

 

2.2 We reserve the right to refuse to accept your subscription application. You warrant that the information which you provide when you register to subscribe for the Racing Post Members' Club Services is true, accurate and complete in all respects.

 

2.3 In order to use or access the Racing Post Members' Club Services, you must (a) obtain access to the World Wide Web and pay any service fees associated with such access; (b) provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other necessary access device: when you register the Racing Post Members' Club Services will carry out various checks to ensure that you can access content satisfactorily; (c) have a suitable plug-in (the "Software") installed on your terminal. Your use of the Software is subject to the terms of the licence granted to you by the relevant licensor. We are not providing and are not responsible for the Software, or for any problems caused by the Software, computer hardware or computer operations systems. We are not providing you with anything referred to in this paragraph except the Racing Post Members' Club Services.

 

2.4 Your right to access the Racing Post Members' Club Services is personal to you. You are wholly responsible for your access to the Racing Post Members' Club Services by any person using your terminal or point of presence and you are responsible for ensuring that any such person also fully complies with these Terms and Conditions. You agree to access the Racing Post Members' Club Services in a manner consistent with any and all applicable laws and regulations in the place from which you have accessed this Racing Post Members' Club Services.

 

2.5 By accepting your subscription for the Racing Post Members' Club Services (please see paragraph 4) we will grant you a non-exclusive and non-transferable licence to use, view and display the Racing Post Members' Club Services for your private and domestic use only.

 

2.6 You must not (nor authorise or permit any other person to):

 

(a) access or use the Racing Post Members' Club Services by any means or for any purpose other than in accordance with these Terms and Conditions or use it for any unlawful purpose;

 

(b) access or use the Racing Post Members' Club Services in a way that may cause the set, software, applications and other equipment used by us to provide this Racing Post Members' Club Services (the "System") to be interrupted, damaged, rendered less efficient or impaired.

  1. Copying and copyright

 

3.1 You must not do any of the following:

 

(a) Copy (except as allowed under s.35 (showing in schools) and s.70 (timeshifting for private and domestic use) of the Copyright Designs and Patents Act 1988 ("the Act"), redistribute or relay the Racing Post Members' Club Services or any part of it or otherwise deal with Racing Post Members' Club Services or any part of it other than as permitted by the Act. The exceptions in these sections are limited and you must make sure that you are legally entitled to rely on one of them;

 

(b) Produce, re-produce, supply or otherwise exploit any programme, service or content (whether audio, visual, audio-visual or otherwise) comprised in the Racing Post Members' Club Services or any part of it or otherwise use it or any part of it for any commercial purpose whatsoever;

 

(c) Sell or make any charge for access to the Racing Post Members' Club Services or any part thereof;

 

(d) Show the Racing Post Members' Club Services in public to an audience, even if no charge is made;

 

(e) Otherwise communicate any work or part of the Racing Post Members' Club Services to the public by any means or for any purpose;

 

(f) (without prejudice to any other provision of these Term and Conditions, directly or indirectly using the Racing Post Members' Club Services either for yourself or for any other person for any form of commercial gain including, without limitation, using the Racing Post Members' Club Services for the purpose of or in connection with any betting operation or producing so-called "off-tube" commentaries (or similar);

 

(g) upload or otherwise make available any part thereof via any social networking website, including, without limitation, YouTube and similar websites.

 

3.2 We may disable or alter functions of the Racing Post Members' Club Services to prevent you from copying the Racing Post Members' Club Services and we may prevent you from receiving the Racing Post Members' Club Services if you copy or attempt to copy the Racing Post Members' Club Services.

 

  1. Packages available, Access, Payment, Upgrades, Downgrades and Cancellation

 

4.1 You should visit the More Information about Racing Post Members' Club ‘Services section of the Site for more details about the packages available, access, payment, upgrades, downgrades and cancellation.

 

4.2 The information in the More Information about Racing Post Members' Club ‘Services section of the Site is also incorporated into these Terms and Conditions.

 

  1. Termination

 

5.1 We will have the right to terminate the contract:

 

(a) if you breach any of these Terms and Conditions, in which case we shall be entitled to terminate with immediate notice at any time and we will have no liability to refund any money that you have already paid to us; and

 

(b) if we cease to broadcast, webstream, distribute or otherwise supply the Racing Post Members' Club Service for any reason, in which case we shall be entitled to terminate on 30 days' notice.  

 

5.2 If you or we end this contract, we will be entitled to discontinue your right to receive, display and use the Racing Post Members' Club Services.

 

  1. Disclaimer

 

We are providing the Racing Post Members' Club Services and System on an "as is" basis and make no representations or warranties of any kind with respect to either the Racing Post Members' Club Services or System or their content, save to the extent required by law.

 

  1. Indemnity

 

You will fully indemnify us immediately on demand against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of paragraphs 1 and/or 2 of these Terms and Conditions by you (or any other person in your household or anyone else who may access the Racing Post Members' Club Services through your terminal using your password or via any peer-to-peer technology or similar) or any other liabilities we or any of our licensors may suffer or incur arising out of your or their unlawful or improper use of or access to the Racing Post Members' Club Services and/or the System.

 

  1. Privacy Policy and Cookies

 

The use of the Racing Post Members' Club Services are also governed by our Privacy Policy. This can be found here.

 

  1. General

 

9.1 No refunds will be made in connection with any postponement or cancellation of events or any other alteration to the content or the hours or times of availability of the Racing Post Members' Club Services, for whatever reason.

  1. User Agreement

 

10.1 These terms and conditions are supplemental to the terms of the User Agreement, which terms shall apply to the Racing Post Members' Club Services. For the purposes of the User Agreement, the Racing Post Members' Club Services shall be deemed to form part of the Interactive Services.

 

10.2 These terms and conditions will take precedence in the event of any conflict between these terms and conditions and the User Agreement in respect of your use of the Racing Post Members' Club Services.

 

  1. Problems with the Member's Club Services

 

In the event of any problems with the Racing Post Members' Club Services please contact the Racing Post's Customer Services at members@racingpost.com.

 

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