Terms and Conditions

STANDARD TERMS AND CONDITIONS OF BUSINESS –
WEBSITE SUBSCRIBERS AND MEMBERS 

We, the Owners, strongly recommend that you read the following terms and conditions as they shall apply to any use by you of the Website or the Services, either as a Member or as a Subscriber.  If you have any questions relating to any of these terms and conditions, please contact the Owners before you use the Website.  By using the Website you agree that these terms and conditions apply to your use of it. If you do not agree to be bound by these terms and conditions then please do not use the Website.

1.      Interpretation

1.1    In these Terms (including the paragraph above) the following words shall have the following meanings:

“Confirmation Email”

An email from the Owners to you accepting your offer to subscribe to the Subscription Services;

“Member”

a person who has submitted a completed Membership application form to the Owners via the Website and has been sent confirmation via the Website that their application has been accepted;

“Membership”

membership of the Website, the benefits of which are detailed on the Website;

“Owners”

Punter’s Genie Limited (registered company number 05767176) whose registered office is at Moorgate House, Clifton Moorgate, York, YO30 4WY and their duly authorised agents and representatives;

“Parties”

you and the Owners and “Party” shall be construed accordingly;

“Privacy Policy”

the privacy policy on the Website;

“Subscriber”

a Member who subscribes to the services available via the Website;

“Subscription Contract”

the agreement between you and the Owners for the supply by the Owners of the Subscription Services of which these Terms, the Privacy Policy, the Subscription Application Form and the Confirmation Email form a part;

“Subscription Application Form”

the form on the Website of the same name completed by you and submitted to the Owners via the Website;

“Subscription Fees”

the fees for the Subscription Services payable by you to the Owners in pursuant to and in accordance with clause 12 of these Terms;

“Subscription Period”

The period during which the Subscription Services shall be provided in accordance with clause 11;

“Subscription

  Services”

the services to be provided by the Owners to you as a Subscriber under the Subscription Contract, as detailed on the Website, including use of the Website and associated SMS, telephone and paper based services, unless otherwise agreed between the Parties in writing;

“Terms”

these terms and conditions including (where the context permits) any specific terms agreed in writing between you and us in accordance with clause 2.2 of these Terms;

“us”, “our” or “we”

the Owners;

“Website”

the internet website the index page of which is located at the URL http://www.puntersgenie.com;

Working Day

a day (other than a Saturday or a Sunday) on which clearing banks are open for business in the City of London ;

“you” or “your”

either a Member or a Subscriber, as the case may be.

 

2.1        Save as herein provided, these Terms shall apply to the Subscription Contract and to any Membership to the exclusion of all other terms and conditions.

2.2        No variation or addition to these Terms (including any special terms and conditions agreed between the Parties) shall be effective unless agreed in writing by you and the Owners.

Formation of Contract

3.1        The information provided on the Website is an invitation to you to decide whether you wish to become a Member or whether you wish to order the Subscription Services from the Owners and does not constitute an offer from the Owners to you.

3.2        By completing a Subscription Application Form and delivering it to the Owners via the Website you are offering:

            (a) to subscribe for the Subscription Services; and

            (b) if you are not already a Member, to become a Member.

3.3        By sending you a Confirmation Email the Owners are accepting:

            (a) your offer to buy the Subscription Services; and,

            (b) if you are not already a Member, your offer to become a Member, subject to these Terms.

3.4        Upon the Owners accepting your offer to buy the Subscription Services in accordance with these Terms you shall be deemed to have entered into the Subscription Contract.

3.5        By submitting a completed Membership application form to the Owners via the Website you are offering to become a Member.

3.6        Upon the Owners sending you an e-mail confirming or notifying you via the Website that you have been accepted as a Member you shall be deemed to be a Member.

Your Right to Cancel Your Subscription

4.1        Subject to clause 4.2 of these Terms, you have the right to cancel your subscription to the Subscription Services within seven Working Days of the day after you receive our Confirmation Email (“the Cooling-off Period”).  If you wish to cancel your subscription within the Cooling-off Period you must send us an email within the Cooling-off Period notifying us of your wish to cancel your subscription. Upon receipt of your email notifying us of your wish to cancel your subscription we will refund any Subscription Fees that you have already paid, either via our payment partners or otherwise, within 30 days.

4.2        You hereby agree that the right to cancel contained within paragraph 4.1 of these Terms shall not apply in the event that you indicate in your Subscription Application Form that you wish us to supply the Subscription Services immediately upon formation of the Subscription Contract in accordance with these Terms.

5.         The Website is for your personal and non-commercial use only, unless otherwise agreed in writing with us. No part of the Website may be copied (digitally or otherwise) without the express permission of the Owners. You may not divulge the information or data contained on the Website to any third party without the express permission of the Owners.

6.         You will make all reasonable efforts to keep your username and password for any part of the Website known only to yourself.

7.         The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material on the Website is owned by the Owners unless otherwise indicated.

8.         The Owners will make reasonable efforts to keep the information stored on the Website secure. However, the Owners cannot accept liability for access to this information by unauthorised parties through means including, but not limited to, criminal activity or failure of technology.

9.         When providing any information to us via the Website including, but not restricted to, filling in the Membership application form and filling in the Subscription Application Form, you will provide information that is true, accurate and complete to the best of your knowledge.

10.        We will only use any personal data you provide to us in accordance with our Privacy Policy, which is available via the Website.

Subscription Period

11.        The Subscription Period will start from the date of your application for the Subscription Services being accepted by us via our Confirmation Email and will last for the period indicated by you in the Subscription Application Form plus one day. For example, a Subscriber who takes out a one month subscription to the Subscription Services and is sent a Confirmation Email on 23rd March will have access to the Subscription Services until the end of the following 23rd April. This is to allow your subscription to renew at the end of each period without you losing access to the Website, and should not be considered a free extra day.

Payment and Cancellation

12.1      Payment for the Subscription Services shall be made by you via our payment partners (details of which are on the Website).  The Subscription Fees shall be debited on the same date that we send you a Confirmation Email from the account you registered with our payment partners when you completed the Subscription Application Form, or as soon as possible thereafter.

12.2      Save in respect of a cancellation during the Cooling-off Period as provided for under paragraph 4.1 of these Terms, if you do not cancel your subscription for the Subscription Services in accordance with paragraph 12.3 of these Terms, Subscription Fees will be taken by us automatically at the end of your Subscription Period from the account you registered with our payment partners when you completed the Subscription Application Form.

12.3      You may cancel your subscription for the Subscription Services at any time by any of the following means:

            a.       If the facility is available, you may cancel your regular payments directly with our payments partner (details of which are set out on the Website).

            b.       If the facility is available, you may cancel your subscription through the account management section on the Website.

            c.       You may cancel your subscription by e-mailing the Owners on support@puntersgenie.com, giving at least two week’s notice. The Owners cannot be held liable for non-receipt of e-mails.

            d.       You may ask your bank, credit card company or whoever is responsible for the management of your payment method to stop further subscription charges being taken.

12.4      Save in respect of a cancellation during the Cooling-off Period as provided for under paragraph 4 of these Terms, when your subscription is cancelled in accordance with these Terms you will remain a Subscriber until the end of your current Subscription Period.

12.5      Save in respect of a cancellation during the Cooling-off Period as provided for under paragraph 4 of these Terms, all Subscription Fees are strictly non-refundable, except in exceptional circumstances, and at the discretion of the Owners.

12.6      Your subscription to the Subscription Services will only become active after we receive notification from our payment partners that your payment has been successful. The Owners will not be held liable for any delay in activating your subscription, and cannot guarantee that your subscription will be active by any specific date or time. In the event of any substantial delay in activating your subscription after payment has been made, the Owners may, at their discretion, extend your Subscription Period.

12.7      The level of the Subscription Fees will be subject to review by the Owners from time to time. Any changes to the level of the Subscription Fees will be notified to all Subscribers to the Subscription Services by e-mail or by notices conspicuously posted on the Website. In the case of an increase in the Subscription Fees, if you are already subscribed to the Subscription Services you will need to purchase an upgrade to your subscription to continue using the Subscription Services beyond the end of the current Subscription Period. If you do not purchase the upgrade, your subscription will lapse at the end of your current Subscription Period.

13.        Any free trials that may be available in respect of any services offered on the Website are offered on a strictly once per Member basis. Any abuse of any trial offers will result in your Membership being cancelled and any current subscriptions you hold being cancelled without any refund.

14.        None of the information on the Website is hereby guaranteed to be fact, but is a reflection of the opinions from time to time of the Owners, certain of their agents, certain Members, certain Subscribers, or any other persons or entities.

15.        The Owners will make reasonable efforts to ensure that all information on the Website is accurate, but will not be liable for any losses, financial or otherwise, incurred by anyone using any of the information on the Website provided that this Clause 15 shall not limit the Owners’ liability for:

            (a) death or personal injury resulting from the Owners’ negligence; and

            (b) any loss suffered as a consequence of any fraud by the Owners.

16.        Racing terminology and slang will often be used on the Website and in marketing material related to the Website. Use of terminology or slang may not always reflect the true state of affairs and may not be interpreted in the same way by everyone. Racing terminology and slang may be used to improve the impact of marketing or on-site text, and should not be interpreted literally.

17.        The Owners cannot and do not guarantee the continuous, error free operation of the Website. The Owners may, at their discretion, offer extensions to subscriptions in cases where the Website has not been generally available for an extended period of time.

18.        Where a claim is brought against the Owners by a third party in relation to your use of the Website you agree to fully reimburse the Owners for all losses, costs, damages, claims, expenses (including reasonable legal costs and expenses), or liabilities whatsoever suffered or incurred by the Owners or their representatives in or as a consequence of your breach of these Terms or your use of the Website.

19.        Any notices from one Party to the other will be deemed to have been delivered two days after dispatch for first class mail, or the next working day for e-mail. Many general notices will be posted on the Website, and it is your responsibility to make yourself aware of these notices.

20.1      The Subscription Contract shall be personal to you, the Subscriber, and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations without the Owners prior written consent.

20.2      The Owners reserve the right to assign or transfer all or any of their rights and obligations under the Subscription Contract to any third party. In the event of any such assignment or transfer, notification will be given to you either by e-mail or by a notice posted on the Website.

21.        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 other occasion.

22.        The Owners reserve the right to vary these Terms from time to time. Such changes shall be notified to you by e-mail or will be posted conspicuously on the Website. You will have the opportunity to cancel your Membership or Subscription if you do not agree to any changes made. You will be deemed to have accepted any changes to these Terms if you continue to use the Website after a period of two weeks from notification of the changes in accordance with these Terms.

23.        These Terms and the Subscription Contract shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.