TERMS & CONDITIONS of SERVICE

Conditions for provision of 1st Past The Post Limited. Client Service, being that of 1st Past The Post Limited.
 

1 Definitions and Interpretation

1.1 In these terms and conditions the following words or expressions shall have the following meanings attributed to them unless there is something in the subject or context inconsistent therewith and save to the extent otherwise specified:- 

"Conditions" means the Standard Terms and Conditions set out in this document and governing the provision of 1st Past The Posts service to Subscribers.
"Contract" means the contract for the provision of 1st Past The Posts Service.
"Information Provider" means a person with whom 1st Past The Post has an arrangement to supply information for inclusion in the service.
"Firstpastthepost" and/or means 1st Past The Post Limited incorporated
"Service Provider" under the Companies Acts (Registered No. 343 3953) and having a place of business at 19-21 Bridgeman Terrace , Wigan.
"Subscription Period" means the period of weeks, months, year, or such other period as may be quoted by 1st Past The Posts and accepted by the Member at the point of subscribing for the Service and receiving and utilising the Subscriber Identity.
"Service(s)" and mean, the provision of horse racing/sporting "Selections" information and tips via telephone, internet, SMS text message or any other such means of delivery.
"Service Commencement means the date and time 1st Past The Post advises the Date" Subscriber that the services are available (by means of the issue of the subscriber identity).
"Subscriber" and/or means a person at whose application 1st Past The Post "Member" provides services under this Contract and by whom the applicable charges are payable.
"Subscriber Identity" means the individual access numbers allocated to the Subscriber by 1st Past The Post for the purposes of accessing the relevant Service.

1.2 The Contract governs the provision of 1st Past The Posts Service to the Subscriber to the exclusion of all other written or verbal representations, statements, understandings, negotiations, proposals or agreements.

2 Duration

This Contract shall come into effect on the Service commencement date and shall continue thereafter for the subscription period unless earlier terminated pursuant to Condition [7] (Termination).


3 Provision of 1st Past The Posts Service

3.1 1st Past The Post 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 1st Past The Post from time to time for its customers generally. 1st Past The Post will use all reasonable endeavours to maintain the Service but, save in the circumstances referred to at condition 3.4 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.

1st Past The Post 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.

3.2 Selections are provided by way of a recorded message on a designated non-premium rate telephone number at a fixed time of day. 1st Past The Post 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 other than in accordance with and for the reasons stated in Condition 3.4 (Refunds).

3.3 1st Past The Post will procure the provision by its information providers of regular selections during the subscription period and for that purpose:-

3.3.1 At least one selection will be given per subscription period;

3.3.2 Recognising the time sensitive nature of selections provided by its Information Providers, 1st Past The Post will use all reasonable endeavours to enable members to place a bet at the most advantageous price; nonetheless neither 1st Past The Post nor its information provider(s) shall be held responsible if the price of the selection falls due to heavy backing.

3.4 In the event that 1st Past The Post fails to procure a minimum of one selection per subscription Period or if, for a period exceeding twelve consecutive days, a member is unable to access the service as a result of a technical failure either by the network operator or the service provider, then the Member will be entitled to a refund on the remaining part of the subscription period. Applications for a refund must be made in writing to (Racing Manager, 1st Past The Post,19-21 Bridgeman Terrace , Wigan). Where a refund is properly due under these Conditions 1st Past The Post

 will procure its payment within 4 weeks.

4 Charges for Service

As specified at time of subscription and pursuant to current charges displayed at any given time.

5 Members' Use of the Service

5.1 A subscriber will be entitled to up to 6 separate accesses per day to the service provided (Via telephone or internet, combination of both, or via any other means provided by the given service)

5.2 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:-

5.2.1 Subscribers must not provide or otherwise make available any selection(s) to non member third parties;

5.2.2 Subscribers may not allow other persons to use such subscriber's identity.

5.3 1st Past The Post attaches the utmost importance to the protection and enforcement of the legal rights to which 1st Past The Posts 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 (the breach of which will entitle 1st Past The Posts to take the steps referred to at paragraph (7), that subscribers acknowledge and agree:-

5.3.1 The service and selections are made available for use solely by each individual subscriber alone in placing bets;

5.3.2 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;

5.3.3 Subscribers shall not retain any part of the service or any selection(s) or information for re-use in any computer system or database.

5.4 Any failure by the subscriber to comply with the provisions of this Condition shall be a fundamental breach of the contract entitling 1st Past The Post to:-

5.4.1 Terminate the contract and the provision of the service(s) forthwith (without notice); and without recompense

5.4.2 Forthwith seek to recover all and any loss or damage which Firstpastthepost or its information provider may have sustained as a result of such failure or breach by the subscriber or any person to whom selections or other information forming part of the service, may have been passed by the subscriber in breach of the contract.

5.5 The subscriber shall indemnify, defend and hold harmless 1st Past The Post and its information providers in full against all losses, costs, damages, charges, expenses and other liabilities incurred by or awarded against 1st Past The Post or any of its information providers as a result of or in connection with any breach of this Condition by the subscriber.

6 Limitation of Liability

6.1 1st Past The Post 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.

6.2 1st Past The Post does not exclude or restrict liability for death or personal injury resulting from its own negligence.

6.3 1st Past The Post shall not be liable in contract, delict (including negligence or breach of statutory duty) or otherwise for loss of profits, business or anticipated savings or for any indirect or consequential loss whatsoever.

7 Termination

7.1 Without prejudice to its other rights and remedies, 1st Past The Post may terminate the contract forthwith and without notice:

7.1.1 In the circumstances detailed at condition (5) (Breach of Copyright Etc.);

7.1.2 If the subscriber fails to pay the subscription charges or is otherwise in material breach of this contract and in the case of a remedial breach fails to remedy the breach within twenty four hours of receiving notice to that effect from 1st Past The Post;

7.1.3 If the subscriber becomes insolvent or is sequestrated or should a liquidator or receiver be appointed to all or any part of the assets of the subscriber or should the subscriber grant a trust deed for and on behalf of creditors.

7.1.4 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.

7.2 By notice - in the case of 1st Past The Post 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).

8 Availability and Accuracy of Information

8.1 1st Past The Post Limited. reserves the right to change the content, presentation, performance, user facilities and availability of any part of the services at its sole discretion. Neither 1st Past The Post Limited. 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.

8.2 No guarantees are made by 1st Past The Post Limited. 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.

8.3 Services provided by 1st Past The Post and its clients are regulated by U.K. laws and regulations. Users of any of the services provided by 1st Past The Post 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.

9 Miscellaneous and General

9.1 This contract shall supersede all and any previous contracts with the subscriber for theservices.

9.2 Failure by either party to exercise or enforce any right conferred by this Contract shall not be deemed to be a waiver of any such right nor to operate so as to bar the exercise or enforcement thereof or of any other right on any subsequent occasion.

9.3 Save in the circumstances where a refund is due under Condition 3.4, 1st Past The Post shall not be liable for any loss or damage whatsoever caused by any failure to perform any obligations under this Contract if such failure is caused by attribute to events, acts or omissions beyond its control including the acts or omissions of other telecommunication providers.

9.4 This contract shall be governed in all respects by English law and be subject to the jurisdiction of the English courts.