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Definitions
"Cookies" means small files which are stored on your computer's
hard drive to identify your preferences and your computer. We
use cookies to operate our processes, to obtain general
statistical information about users and to store information
about your shopping session and to identify your computer;
'Website' means
the website located at www.theeachwayeffect.co.uk;
'we', 'us', 'our' means
The Each Way Effect Company;
'you', 'your' means the
customer.
The expression "tip" or
"tips" refers to the specific information given in our website
for the purpose of placing a bet on a specific race.
The term "Race"
shall be understood to be a specific event at a specified
location at which the named horse is expected to run.
Ownership
The Website is an official website of The Each Way Effect
Company and the copyright and the database rights are owned by
The Each Way Effect Company. The Website and all intellectual
property rights (including but not limited to rights in the
website as a database) in its text, design, graphics, and the
selection, organisation and arrangement thereof, together with
the logos and trade names depicted on the Website belong to The
Each Way Effect Company.
Limited Licence and Restrictions
You recognise and agree that the material and content contained
on the Website is made available to you for your personal use
and that you may only download such material and content for the
purpose of using the Website to a single personal computer.
Furthermore you recognise and agree that any other use of the
material and content of the Website is strictly prohibited and
you agree that it is strictly prohibited to (or to assist or
facilitate any third party to) copy, reproduce, transmit,
modify, publish, display, distribute, commercially exploit or
create derivative works of material and/or content from the
Website without our written permission and is a violation of our
intellectual property rights.
We reserve the right to
withdraw any information from this Website at any time and/or
remove or edit any materials or content on this Website. We may
refuse to process a transaction for any reason or refuse service
to anyone at any time at our sole discretion. We will not be
liable to you or any third party by reason of our withdrawing
any information from this Website, or any other alterations to
its layout, design, content or graphics.
Any bets placed made
from this website will be subject to the individual terms and
conditions of the website where the purchase is made. The Each
Way Effect Company takes no responsibility for the content of
any external website.
Membership
Membership shall be restricted to
persons aged 18 years or over. We will also restrict the number
of members in each category in order to preserve the
effectiveness of the service we provide. Information given to
members relating to tips may not be shared with any non-members,
and may not be published or reproduced on any other website,
forum, blog, or other information service until such time as the
particular race has ended. Any violation of our rules contained
here or in other pages of our website will result in the banning
of the member responsible without refund of any subscriptions
paid.
Linked Sites
Unless specifically provided, we make no representations
whatsoever about any other websites which you may access through
our website or which may link to our website. When you access
any other website you understand that it is independent from us
and that we have no control over the content or availability of
that website. In addition, a link to any other site does not
mean that we endorse or accept any responsibility for the
content, or the use of, such a website and shall not be liable
for any loss, damage or offence caused or alleged to be caused
by or in connection with use of or reliance on any content,
goods or services available on or through any other website or
resource. Any concerns regarding any external link should be
directed to its website administrator or web master.
The Each Way Effect
Company assumes that the person agreeing to become a member has
the authority to do so and is of the required legal age. In the
event of any disputes regarding member authorisation The Each
Way Effect Company reserves the right to retain all monies which
it considers were correctly paid, unless extraordinary
circumstances can be proved.
Amendments to these Terms &
Conditions
We reserve the right to amend these terms and conditions at any
time. Any such amendments will take effect when posted on the
Website and it is your responsibility to read the terms and
conditions on each occasion you use the Website and your
continued use of the Website shall signify your acceptance to be
bound by the latest terms and conditions.
Intellectual Property
You recognise and agree that all copyright, database rights,
trademarks and all other intellectual property rights in all
material and/or content of this Website is the owned by The Each
Way Effect Company or our licensors and shall remain at all
times vested in us or our licensors as expressly authorized by
us or our licensors.
Indemnity
You agree fully to indemnify, defend and hold us, and our
officers, directors, employees, agents and suppliers, harmless
immediately on demand, from and against all claims, liability,
damages, losses, costs and expenses, including reasonable legal
fees, arising out of any breach of the Conditions by you or any
other liabilities arising out of your use of this Website, or
the use by any other person accessing the Website using your
shopping account and/or your Personal Information.
Disclaimer
The Website and its contents are provided “as is” and without
representation, term, condition or warranty of any kind either
express or implied (and whether implied by law, custom or
otherwise) in respect of the Website and/or its contents we
disclaim all representations, terms, conditions and warranties
including but not limited to, as to satisfactory quality,
merchantability, fitness for purpose, title and non-infringement
of intellectual property rights to the fullest extent
permissible under applicable law we disclaim any and all
warranties of any kind, whether express or implied, in relation
to the Products. In addition, we exclude any representation or
warranty that the information and/or facilities accessible via
this Website are accurate, complete or current, or that the
Website will be free of defects including, but not limited to
viruses or other harmful elements. The user of the Website
assumes all costs and risks arising as a result of its use of
the Website. We will use reasonable endeavours to verify the
accuracy of any information on the Website but we make no
representation or warranty of any kind express or implied in
relation to its accuracy regarding the contents or availability
of the Website or that it will be free from errors or that the
errors will be corrected, or that the Website or the server are
free from viruses or represents the full functionality,
accuracy, reliability of the Website. We will not be responsible
or liable to you for any loss of content or material uploaded or
transmitted through the Website and we accept no liability
whatsoever for any loss or damage from action taken in reliance
on material or information contained on the Website.
Liability and Warranties
We shall not be liable for any economic losses (including
without limitation loss of profits, revenue, business,
contracts, management time, data or anticipated savings) nor for
any loss of goodwill or reputation nor for any indirect loss
whether arising in contract or tort (including negligence) or
pre-contractual or other representations (except for fraudulent
or negligent misrepresentation) or otherwise even if advised of
the probability of such damage or where it was foreseeable.
We shall take all
reasonable precautions to keep the details of your order and
payment secure, except where we are negligent, we cannot be held
liable for any losses caused as a result of unauthorised access
to information provided by you.
Entire Agreement
You confirm that, in agreeing to accept these terms and
conditions, you have not relied on any representation save
insofar as the same has expressly been made a term of these
terms and conditions and you agree that you shall have no remedy
in respect of any representation.
Severance
If any provision contained in these terms and conditions is
considered by any court or administrative body of competent
jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability shall not effect the other terms and conditions
which shall remain in full force and effect.
Assignment
You may not assign or sub-contract any of your rights or
obligations under these terms and conditions or any related
order for products to any third party without our written
consent. We reserve the right to transfer, assign or subcontract
any of our rights or obligations under these terms and
conditions or any related contract to any third party.
Waiver
A failure by us to exercise or enforce any right conferred upon
us by these terms and conditions shall not be deemed to be a
waiver of such right or operate so as to bar the exercise or
enforcement thereof at any subsequent time or times.
Governing Law
The terms and conditions shall in all respects be governed by
the laws of England and all disputes will be subject to the
exclusive jurisdiction of the English courts.
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