Terms and Conditions
Introduction
Welcome to the user agreement for TrackMate.
Please read the following standard terms and conditions of service. These terms of use are a legal agreement between us and describe the terms and conditions applicable to your use of our website and the services we offer. You must read, agree with and accept all of the terms and conditions contained in this agreement and our Privacy Policy.
This agreement includes those terms and conditions expressly set out below and those incorporated by reference. We strongly recommend that you also access and read any other information contained on other pages or websites referred to in this notice, as they may contain further terms and conditions that apply to you. Please also refer to our Legal Notice and Privacy Policy.
By accessing this website and any part of it you confirm your acceptance of these terms and agree to abide by and be bound by them.
Registration
You may browse our website without registering but will need to register with us in order to subscribe.
On registration you will be required to select a username and password during the registration process.
It is your responsibility to keep your username and password safe. You are responsible for all actions taken under that username, whether by you or any other person. You have no right to disclose or transfer your username or password to any other person and you must notify us immediately if you become aware of any unauthorised use of your username or password.
The information we provide is for the registered user only and is not in any circumstances to be passed on to third parties by any means whatever, including (by way of example only) sharing your user name and password with any third party or making access available to additional users through a network.
You warrant, represent and undertake that any information, which you provide when you register as a user, shall be up to date, true and accurate in all respects, and you agree to notify us promptly of any changes to such information.
You can make any changes in your details going to your account summary.
Authority
You confirm that you have authority to enter into this agreement and that you are at least 18 years old.
Acceptable Use
You are responsible for all communications sent via or to this website and agree your use of this website will be for private, proper and lawful purposes only.
You agree that you accept full responsibility for your information and any and all content or material that you upload to or transmit through our website or services.
You will only use our website or services in accordance with all relevant laws and regulations and not for any illegal purposes, whatsoever or in breach of any applicable licences or third party rights.
Your information and activities on our website or use of our services must not:
- Be false, inaccurate, misleading or fraudulent.
- Be offensive or menacing, abusive or defamatory.
- Be obscene, indecent or contain child pornography.
- In breach of copyright, confidence, privacy or any other rights.
- Cause annoyance, inconvenience or needless anxiety.
- Create any liability for us or jeopardise our relationship with our ISPs or other suppliers.
You acknowledge and agree that you will not use our website or services:
- To upload or transmit any information which contains computer viruses, macro viruses, trojan horses, worms or anything else designed to, or which is likely to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information.
- In any way that may cause our website or services to be interrupted, damaged, rendered less efficient or otherwise impaired.
- In any manner which violates or infringes any third party's intellectual property rights (including copyright, patents, trademarks, trade secrets) or other proprietary rights or rights of publicity or privacy or rights of confidentiality or privacy.
- To attempt any unauthorised access to any part or component of our website or services.
- To advertise or promote any competing services, products or other websites.
You will not to carry out, participate in or promote, or facilitate the carrying out, participation or promotion of:
- Sending unsolicited email for commercial purposes.
- Sending chain letters or pyramid-selling schemes.
- Sending bulk mail or mail bombs.
- Altering or damaging our website or services or those of related parties, or blocking their access to the Internet.
We may terminate or suspend your account and/or delete any posting or information that you have placed on our website if you are in breach of any of any part of this policy.
We also reserve the right to modify, adapt or amend this policy from time to time without prior notice and you should check its terms on a regular basis.
In the event that you breach any of these conditions, you will indemnify and keep indemnified TrackMate, its parent, subsidiaries, associated companies, employees, servants, agents, professional advisors, suppliers and affiliates from time to time against all damages, losses, claims, costs, charges, awards, orders, judgments and other liabilities suffered or threatened as a result of a breach of these conditions.
Indemnity
You agree to indemnify us from all loss suffered arising as a result of any breach by you of these terms and conditions.
Intellectual Property
The copyright, trademarks and all other intellectual property rights associated with the content of this website are owned by us or our affiliates and / or licensors and are protected by UK and international copyright and other intellectual property laws.
Save that strictly for your personal use only you may download or print pages from this website, no parts of the site are to be reproduced, modified, distributed, stored in a database or in any way commercially exploited without our prior written permission.
Email Policy
We may from time to time publish any comments received from you by email or in the Forum.
Subscriptions
Weekly subscriptions are for 7 consecutive calendar days.
Monthly subscriptions are for 30 consecutive calendar days and multiples of weekly or monthly subscriptions shall be calculated accordingly.
Subscription rates may be changed from time to time on our giving you at least two weeks notice.
Refunds
In the event that the service cannot be accessed by you for any reason within our control, the following shall apply:
- If the service is down during any one day, subscribers will automatically receive an additional day consecutive with their subscription period;
- If the service is down for three full consecutive days or more you may in lieu require a cash refund equivalent to the proportion of your subscription period for which the service was down. It is your responsibility to notify us by email to support@track-mate.info within three calendar days of the period during which the service was down of this requirement.
Termination and Suspension
We may immediately issue a warning or suspend or terminate your registration and deny your access to all or part of the website or refuse to provide our services to you without notice if:
- You are in breach of any part of this agreement.
- We cannot, for any reason, verify or authenticate any information you provide to us.
- We believe that your actions may cause legal liability for us, you, or any other user.
- We detect use of the service which appears to be in breach of this agreement.
Notices
Any notice, which we are required to give to you regarding the services, may be sent by e-mail or first-class post to the address provided by you on registration (or as amended from time to time).
Unless otherwise explicitly stated, notices to us must be sent by registered mail to TrackMate, Hampton House, Longbrook Street, Exeter, Devon EX4 6AB
Notices sent by e-mail are deemed to be received 24 hours after an e-mail is sent, unless we receive a failure notice that the e-mail address is invalid. Registered mail and first-class post will be deemed received 3 days following the date of mailing.
Privacy
Any information that you provide to us will be stored and processed in accordance with the Data Protection Act 1998. We will deal with your information in a safe, confidential and secure environment.
We will not sell or rent your personal information to third parties except as described under the heading 'YOUR DATA' below or in our Privacy Policy. If you object to your information being transferred or used in this way please do not register.
Your Data
The information you provide shall be held and may be used by TrackMate and disclosed to associated companies for the following purposes:
TrackMate may pass your information to credit reference and fraud prevention agencies.
TrackMate may pass your information to specially selected companies for the purposes of such companies informing you of events, products, services, offers or news from or relating to such companies from time to time.
IMPORTANT: By registering with TrackMate and/or using this website you consent to TrackMate using your data in this way.
You may opt-out of receiving any such information from TrackMate, associated companies, or third parties at any time. Please see our Privacy Policy for further details.
Links to Other Organisations
No mention of any organisation, company or individual, whether on these pages or on other websites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organisations, companies or individuals.
We are not responsible for anything that might occur when you visit any other website. When you click on a link you will leave this website. We provide links to third parties only as a convenience to you.
Limitation of Liability
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees.
However, we will not be liable for any loss of revenue, loss of profit, loss of contract, loss of business or any anticipated savings, loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this agreement.
We also have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
IMPORTANT: You should never gamble more than you can comfortably afford to lose, and should always be aware of the risks of losing. The information in this website is presented to enhance the amusement and entertainment of betting, and whilst we take reasonable care to use present accurate statistical information we make no representations whatever regarding its accuracy or any conclusions to be drawn from it. Save as set out above therefore use of the information presented in this website is therefore made entirely at your own risk.
General
TrackMate is trading name of Transworld Sports Limited, Hampton House, Longbrook Street, Exeter, Devon EX4 6AB, a company registered in England and Wales under number: 7716148.
This Agreement sets out the entire understanding and agreement between us.
We may amend this agreement at any time by posting an amended agreement on our website. Any amended agreement will govern new user registrations from the date that it is posted and existing users will be bound by the amended agreement after the expiry of 14 days following the date of posting.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect.
You cannot assign this agreement but we may assign it at our sole discretion.
Our failure to act with respect to a breach by you or others shall not be considered as a waiver of our right to act with respect to subsequent or similar breaches.
Any person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy generally available to such a third party in law or otherwise.
Governing Law
These terms of use are governed by and construed in accordance with English law and you agree that the English courts will have exclusive jurisdiction for any dispute under this agreement.
The laws of your country may be different from English law and there may be additional legal requirements for you to use our website or services. You must comply with all applicable local and international laws, statutes, ordinances and regulations regarding your use of our website and services.
We cannot monitor the laws of every country and it is your responsibility to ensure that your use of our website and services is legal.
