Terms & Conditions for Racing 4 Profit Ltd.
Henry Rix Racing/Rixbets Subscription Services
Version 2 – May 2018
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 Racing 4 Profit’s service to Subscribers.
“Contract” means the contract for the provision of Racing 4 Profit’s Service.
“Information Provider” means a person with whom Racing 4 Profit has an arrangement to supply information for inclusion in the service.
“Racing 4 Profit” and/or “Service Provider” means Racing 4 Profit Limited incorporated under the Companies Acts (Registered No. 343 3953) and having a place of business at 115 Brunel Building, James watt Ave, Glasgow.G75 0QD.
“Subscription Period” means the period of weeks, months, year or such other period as may be quoted by Racing 4 Profit and accepted by the Member at the point of subscribing for the Service and receiving and utilising the Subscriber Identity.
“Service(s)” and “Selections” mean, the provision of horse racing/sporting information and tips via telephone, internet, SMS text message or any other such means of delivery.
“Service Commencement Date” means the date and time Racing 4 Profit advises the Subscriber that the services are available (by means of the issue of the subscriber identity).
“Subscriber” and/or “Member” means a person at whose application Racing 4 Profit 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 Racing 4 Profit for the purposes of accessing the relevant Service.
1.2 The Contract governs the provision of Racing 4 Profit’s 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 Racing 4 Profit Service
3.1 Racing 4 Profit Ltd. 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 Racing 4 Profit from time to time for it’s customers generally. Racing 4 Profit 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. Racing 4 Profit 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 text message direct to members, and are available via the website at www.rixbets.com. Racing 4 Profit 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 Racing 4 Profit 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, Racing 4 Profit will use all reasonable endeavours to enable members to place a bet at the most advantageous price; nonetheless neither Racing 4 Profit 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 Racing 4 Profit 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, Racing 4 Profit, 115 Brunel Building, James Watt Ave. Glasgow. G75 0QD). Where a refund is properly due under these Conditions Racing 4 Profit 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 In addition to the text messaging of tips, a subscriber will be entitled to up to 4 separate accesses per day via the website https://www.rixbets.com/
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 Racing 4 Profit attaches the upmost importance to the protection and enforcement of the legal rights to which Racing 4 Profit 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 Racing 4 Profit to take the steps referred to at paragraph (7) below 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 Racing 4 Profit to:-
5.4.1 Terminate the contract and the provision of the service(s) forthwith (without notice);
5.4.2 Forthwith seek to recover all and any loss or damage which Racing 4 Profit 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 Racing 4 Profit and its information providers in full against all losses, costs, damages, charges, expenses and other liabilities incurred by or awarded against Racing 4 Profit 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 Racing 4 Profit 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 Racing 4 Profit does not exclude or restrict liability for death or personal injury resulting from its own negligence.
6.3 Racing 4 Profit 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, Racing 4 Profit may terminate the contract forthwith by notice in writing to the subscriber:-
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 Racing 4 Profit;
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.
7.2 By notice – in the case of Racing 4 Profit by at least (thirty days) notice; in the case of the subscriber [On written request].
8. Miscellaneous and General
8.1 This contract shall supersede all and any previous contracts with the subscriber for the services.
8.2 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.
8.3 Save in the circumstances where a refund is due under Condition 3.4, Racing 4 Profit 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.
8.4 This contract shall be governed in all respects by Scots law and be subject to the jurisdiction of the Scottish courts.
8.5 This contract should be read in conjunction with our current Privacy Policy.
9. Communication & Marketing
By using any of our services and providing us with personal data such as your email address, postal address or telephone number you consent to receive communication from us relating to the service Henry Rix Racing/Rixbets. E-mail marketing materials will contain clear links for updating your preferences or opting-out via unsubscribe link. SMS text messages will include an opt-out by reply function.
10. Opting out of Communication
All Racing 4 Profit Ltd. service users have the option to opt-out of receiving marketing communications from us, either by using direct response links contained within marketing materials or by contacting the Racing 4 Profit Ltd. Data Controller directly:
via e-mail: office@racing4profit.com or office@rixbets.com
or post: Henry Rix Racing. Racing 4 Profit Ltd. 115 Brunel Building, Glasgow. G75 0QD.