General Site Customers Terms and Conditions

Thank you for accessing ‘‘www.toptipsters.co.uk (“The Site"). The purpose of ‘The Site’ is to proof horse racing tips and for these tips to be purchased by consumers. The people placing tips will be called ‘tipsters’, those viewing the tips ‘customers’. The Tipsters make their information available in the form of names of selections, the location and time of the event and the expected outcome. The tipster may also issue a stake level purely as an indication of the strength of information (1/2/3 points). This information is available to be purchased by customers. The tipster may also either choose a ‘Recommend Price’ from a particular bookmaker or just make it SP. If a particular bookmaker is selected this will be based on the price available at the time the tip was made through the Toptipsters web site.


Toptipsters receives feeds from a number of bookmakers and displays the prices from these feeds. TopTipsters has no responsibility in ensuring when the customer places the bet, that these prices are still available or still available for the size of stake/bet the customer wishes to place.


Toptipsters does not offer wagering, however much of the information given by tipsters may be used for betting purposes by you or other parties. How you or other parties act upon the information given by the tipsters from TopTipsters is entirely your own decision and risk. Please do not gamble with money you cannot afford to lose.


TopTipsters is owned and operated by Sporting Sites Worldwide Ltd. (SSW), whose registered address is 11 Horsell Park Close, Woking, GU21 4LZ, companies house registration: 5597046 and VAT number is: 881 1739 08

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Use of ‘The Site’

Access to, and use of this website is subject to these terms and conditions of use (the "Terms") and to our Privacy Statement. By accessing, browsing or otherwise using ‘The Site’ you signify your acceptance of these Terms. From time to time we may amend the Terms. By continuing to use ‘The Site’ after such amendments have been made you are agreeing to be bound by the Terms as amended. If at any time you do not agree to these Terms you should discontinue your use of ‘The Site’. These Terms form a legally binding Contract between you and us.


This Site allows tips and other sporting information that SSW deem relevant, to be provided to customers. The information on this Site is not directed at residents of any country where it is illegal to read such information, and is not intended for publication in, or use by, any person in any country or jurisdiction where such publication or use would be contrary to local law or regulation. It is your responsibility to ensure that your access and use of this Site is lawful in your own jurisdiction.


Customers who wish to access information must subscribe to a Tipster that supplies the required information. If we provide you with a username/email and password it is your responsibility to keep them secure and confidential. You must notify us immediately should you suspect any unauthorised use of your username/email and password.


You must be over eighteen (18) years of age to become a registered customer of this Site and to subscribe to any of the services we provide. We specifically exclude children under eighteen (18) years old from entering into a contract with us.


Content

‘The Site’ is a mechanism to allow Tipsters to provide information online. ‘The Site’ does not take any responsibility for the quality or content of this information.


While we have made every effort to ensure the accuracy of the information on this Site, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information on ‘The Site’.


We do not have any responsibility or control over the content of web sites or services to which this Site is linked and accept no responsibility or liability for any losses or damage you suffer as a result of your use of any third party web sites, services or third party correspondences. Please refer to the terms and conditions of such services.


You acquire no rights or licences in or to ‘The Site’ and/or the Content other than the limited right to use ‘The Site’ in accordance with these Terms. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, adopt, upload to create derivative works form, transmit or in any other way exploit any part of ‘The Site’. You may not make any part of ‘The Site’ available as part of another web site, whether by hyperlink framing on the Internet or otherwise. This Site and the information contained therein may not be used to create a database of any kind nor may ‘The Site’ be stored (in its entirety or in any part) in databases for access by you or any third party.


This Site is protected by applicable UK and international intellectual property right laws. Any infringement of our intellectual property rights will be prosecuted to the fullest extent permitted by law.


Limitation of Liability

Information on this site is provided on an "as is" and "as available" basis. We do not warrant that ‘The Site’ is compatible with your computer equipment, that it will run uninterrupted or that ‘The Site’ or its server is free of errors, viruses, worms, "Trojan Horses" or other such destructive features. To the fullest extent permitted by applicable law we exclude all other warranties, express or implied, as to the operation of this Site, its content and/or any products or services made available through it.


You acknowledge that we may from time to time suspend ‘The Sites’ availability in order to carry out routine maintenance, perform upgrades, nightly backups and so on. You further acknowledge that we may change the Content or technical specifications of any aspect of ‘The Site’ at any time at our sole discretion.


Our total liability to you whether based on contract, tort (including negligence) or otherwise, is limited to the total subscription fees paid by you in the calendar year in which liability arose.


WARNING: SHOULD YOU CHOOSE TO USE ANY INFORMATION PROIVDED ON THIS SITE FOR GAMBLING, PLACING BETS, WAGERING THEN YOU MUST BE AWARE THAT GAMBLING INVOKES RISK. BY GAMBLING YOU RUN THE RISK THAT YOU MAY LOSE MONEY OR SUFFER PSYCHOLOGICAL INJURIES. YOU GAMBLE AT YOUR OWN RISK. IF YOU ARE CONCERNED IN ANY WAY YOU SHOULD NOT USE THE INFORMATION PROVIDED FOR ANY FORM OF GAMBLING. For the avoidance of doubt, we are not responsible for your gambling losses.


Toptipsters receives feeds from a number of bookmakers and displays the prices from these feeds. TopTipsters has no responsibility in ensuring when the customer places the best that these prices are still available or still available for the size of stake/bet the customer wishes to place.


Privacy Statement

‘The Site’ has created this privacy statement in order to demonstrate our firm commitment to privacy for our customers. The following privacy statement discloses our information gathering and dissemination practices for this website. It explains: What personally identifiable information ‘The Site’ collects about customers; why personally identifiable information is collected through ‘The Site’ and how customers can correct any inaccuracies in the information. If you have any questions or concerns regarding this Privacy Statement, please contact us via the website here.


Registration

In order to use this Site, you must first register via the 'Registration' process. During registration you are required to give contact information (such as a name, address and an email address) which will identify you personally. We use this information to contact you about services on our Site for which you have expressed an interest. We will issue unique identifiers (such as, username/email and password) and email them to you once registration is complete. We may also store a copy of the IP address of the computer you use for registration to protect our customers from fraudulent activity or use other relevant technology and data to identify customers.


Information Use and Policies on Information

We use your Internet Protocol (IP) address and other data we may choose to collect to help diagnose problems with our server, and to administer our website. When subscribing, or logging into our secure server, your IP address is tracked against your customer ID for the dual purposes of preventing fraud and creating an audit trail.


Cookies

This site uses cookies (small text files stored on your computer) to provide various features. We use cookies for various features on our website, including login processing, country selection, cookie-message display and visitor analysis (including Google Analytics). By using our website you agree to our use of cookies for these purposes. If you wish, you may disable them in your browser settings, however many features on our site may not work as expected. For more information on cookies please see cookie FAQ.


Log Files

We use log files to record the use visitors make of our Site. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyse trends, administer ‘The Site’, track customer's movement and gather broad demographic information for aggregate use. Log files are not used in themselves to collect personally identify information about Special Promotions, news and updates to ‘The Site’. We may also use information such as email addresses to alert our customers of special promotions that we may be running or to inform of any news or changes that might affect ‘The Site’ experience.


Communications from ‘The Site’: Special Offers and Updates

We send all newly registered members a welcoming email to verify username/email. Established registered members will occasionally receive information on services and special deals. Should you not wish to receive such communications, you can log into your account and click unsubscribe.


Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send customers an email. Customers may not opt-out of these communications.


Who has access to your Information?

‘The Site’ will neither rent, sell, nor make available your personal information to any third party unrelated to it, other than where we believe that the law requires it (for example where such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Site) or where we have sought and been given your specific permission to do so.


Third Party Intermediaries

SSW may share your information as required to Police or other legal authorities who may legal requests for access to information. In addition when conducting payment transactions certain information may be shared.


Business Transitions

In the event ‘The Site’ goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, customers' personal information will, in most instances, be part of the assets transferred. Customers will be notified via email prior to a change of ownership or control of their personal information in order to obtain the consent to such transfer.


Links to Third Party Sites

This Site contains links to other web sites. Please be aware that we ‘The Site’ are not responsible for the privacy practices of such web sites. We encourage our customers to be aware when they leave our Site and to read the privacy statements of each and every web site that collects personally identifiable information about them. This privacy statement applies solely to information collected by this Site.


Surveys and competitions

On occasion, we may request certain information from customers to allow them to participate in surveys or competitions. Participation in these surveys or competitions is completely voluntary and you have a choice therefore whether or not to disclose the requested information. Such information typically includes contact information (such as name), and demographic information (such as post code). Contact information will be used and shared with the competition sponsors to notify the winners and award prizes. Anonymous survey information will be used for the purposes of monitoring or improving the use and satisfaction of our customers with this Site. We will not share any information that identifies you personally with any third parties unless we have obtained your prior consent. Although we may use an intermediary to conduct these surveys or competitions, they may not use your personally identifiable information for any secondary purposes.


Customers 18 and Under

We will not intentionally collect any information about visitors to this Site who are under eighteen (18) years of age. We specifically instruct those who are under eighteen (18) years of age not to submit information to this Site under any circumstances.


Security of your Information

We take every reasonable precaution to protect and prevent the loss, misuse or alteration of information that you provide to us. When you submit information via our Site, your information is protected both online and off-line. If you have any questions about the security of your information, please contact us using our questions form.


The Data Protection Act 1998

Under the Data Protection Act 1998 (UK legislation) we have a legal duty to protect any information we collect from you. We use leading technologies and encryption software to safeguard your information, and maintain strict security standards and policies in order to prevent any unauthorized access to or use of it.


Correcting/Updating/Deleting/Deactivating Personal Information

If a customer's personally identifiable information changes (such as post code, phone, email or postal address), or if a customer no longer desires our service, we provide a way to correct, update or delete/deactivate customers' personally identifiable information. This can usually be done at the Customer Account Details page or using our online feedback form.


Notification of Changes

If we decide to change our privacy practices, we will post those changes to this Privacy Statement, the homepage, and other places we deem appropriate so our customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Statement current at the time the information was collected. If, however, we are going to use your personally identifiable information in a manner different from that stated at the time of collection, we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. However, if you have opted out of all communication with ‘The Site’, or deleted/deactivated your account, then you will not be contacted, nor will your personal information be used in this new manner. In addition, if we make any material changes in our privacy practices, even where they do not affect customer information already stored in our database, we will post a prominent notice on our Site notifying customers of the change. In some cases where we post a notice we will also email customers, who have opted to receive communications from us, notifying them of the changes in our privacy practices.


Events beyond our control

‘The Site’ will not be responsible for any breach of these Terms caused by circumstances beyond its control.


Applicable Laws

The Terms are governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.


Contact Information

If you have any questions or suggestions regarding our privacy policy, or complaints about any aspect of our service, please contact us at admin@toptipsters.co.uk


Contractual Terms for Customers Purchasing Tips and Tipsters Placing Tips


Limitation of Liability

Information on this site is provided on an "as is" and "as available" basis. We do not warrant that ‘The Site’ is compatible with your computer equipment, that it will run uninterrupted or that ‘The Site’ or its server is free of errors, viruses, worms, "Trojan Horses" or other such destructive features. To the fullest extent permitted by applicable law we exclude all other warranties, express or implied, as to the operation of this Site, its Content and/or any products or services made available through it.


You acknowledge that we may from time to time suspend the availability in order to carry out routine maintenance, perform upgrades, nightly backups and so on. You further acknowledge that we may change the Content or technical specifications of any aspect of ‘The Site’ at any time at our sole discretion.


Our total liability to you whether based on contract, tort (including negligence) or otherwise, is limited to the total subscription fees paid by you in the calendar year in which liability arose.


WARNING: SHOULD YOU CHOOSE TO USE ANY INFORMATION PROIVDED ON THIS SITE FOR GAMBLING, PLACING BETS, WAGERING THEN YOU MUST BE AWARE THAT GAMBLING INVOKES RISK. BY GAMBLING YOU RUN THE RISK THAT YOU MAY LOSE MONEY OR SUFFER PSYCHOLOGICAL INJURIES. YOU GAMBLE AT YOUR OWN RISK. IF YOU ARE CONCERNED IN ANY WAY YOU SHOULD NOT USE THE INFORMATION PROVIDED FOR ANY FORM OF GAMBLING. For the avoidance of doubt, we are not responsible for your gambling losses.


Tipster Accounts

You must be over 18 years of age to open a Tipster account.

The Tipster will have a responsibility to provide sporting information to the best of their knowledge.

Tips must be updated on ‘The Site’ before 30 minutes before a race.

The Tipster must choose a Price plan. Price plans can be changed, but only once per month. Customers signing up to a price plan only after it has changed will be charged the new price plan.

Tipsters can choose to have up to 10 selections on any one day

Once tips have been entered they cannot be changed

A tipster must place 2 tips per calendar month to be considered an active tipster, if a tipster does not place two bets in a calendar month their service will not show on any performance until the account is active again. No refunds to any joining fees will be paid.

On account page, the tipster can see how many sales they have made that month, and year to date, by month.

Tipsters can see which customers will expire their membership and when.

Tipsters can change password, email, but not change Service Name , this is the name we use to advertise their service on our site without specific dispensation.

Tipsters can provide information about their service on their mini-site homepage, and via an accompanying message with their tips.

Information on the Tipsters mini-site can be updated using our editor, however to maintain the consistency, appearance and to prevent the use of unsafe material we do not allow any images or links to files in the description area. Please note that any errors in your welcome message that cause problems with the main ’The Site’ will lead to your welcome message being removed without notice.

Tipsters must not encourage customers to subscribe to their service via any other means other than via ‘The Site’ or through chat rooms or other social media that promotes the service on offer through ‘The Site’.

Any Tipsters providing information either on their site, or via email to their subscribers that is detrimental to ‘The Site’ will have their account suspended without notice.

Tipsters are encouraged to promote their service. However, any Tipster found using Spamming techniques will have their account suspended without notice.

‘The Site’ reserves the right to suspend an account in the event of suspected fraudulent activity.

If you allow your account to expire it will become suspended. If your account is suspended for any reason above you will lose the remaining balance of your tipster account fee period. All data currently held may also be lost.


The tipster will be issued with a Username/email and Password to access and upload the information on the web site. If it should be discovered that any member is sharing their password with another person or passing on information to any third party then their membership will be ended immediately without refund. Refunds will not be permitted once the subscription has started.

The service is intended for personal use only and is not transferable. No part of the service may be reproduced, displayed in public, broadcast or used for any other purpose.

Tipsters must not place any images on their tipster pages they do have copyright to. ‘The site’ will remove any images that it receives complaints about or believes are inappropriate at its sole discretion.


VAT/Income Tax/Other Taxes

On registering to be a Tipster, the Tipster must declare if they are VAT registered. If the tipster is in any way in doubt they should check with HMRC, guidance is provided here: http://www.hmrc.gov.uk/vat/start/register/when-to-register.htm

‘The Site’ does not provide any guidance or information on whether a tipster should be registered and it is up to the Tipster to ensure their VAT position is correct.

If a Tipster is VAT registered then any commissions paid by ‘The Site’ to the Tipster will be deemed to include the appropriate VAT due and the Tipster should deduced the relevant VAT to arrive at a Net Commission paid.

The tipster is not an employee of ‘The Site’ and must account to the relevant tax authorities for any income they earn from ‘The Site’. ‘The Site’ will keep all payment records and make these available to any relevant authorities on request.

Any tipster requiring a VAT invoice for the annual fee paid should write to: admin@toptipters.co.uk



Joining Fees

Tipsters will be charged ‘The Site’ a joining fee. The fee may be either a one off fee or an annual fee and ‘The Site’ from time to time may offer promotional pricing on the fee.

Any tipster who join at a fee, and later finds that there is a promotional price, will not be entitled to any rebate.

Any tipster who is terminated/suspended from ‘The Site’ is not entitled to any rebate on their joining fees. All fees paid will be via credit/debit/prepaid card through the third party solution provided on ‘The Site’. ‘The Site’ at no times will hold any credit/debit/prepaid card information.


Commissions

The Tipster is aware that a percentage of the subscription by a customer will be paid to ‘The Site’.

Payments by subscribers for your service will be paid to your Bank Account once a month, with the exception of the first month of joining.


Only completed subscriptions will be paid on a payment date. This allows ‘The Site’ to mediate disputes. ‘The Site’ will only refund a subscription fee if the subscriber has not used their subscription or if the Tipster account is suspended for more than 48 hours.


Ownership of Tips

At all times the tipster retains ownership of the tips. Tipsters grant to ‘The Site’ the rights to publish the tips, and verify them publishing the results, along with writing editorial on the tips.

‘The Site’ only has the right to distribute tips when customers have paid for those tips on behalf of the tipster through a subscription or taken up an offer of a Free Trial, as agreed and put in place by the tipster.


Contractual Relationship between ‘The Site’, ‘The Customer’, ‘The Tipster’

‘The Site’ is acting as an agent of The Tipster. ‘The Site’ will receive funds on behalf of The Tipster and pay The Tipster the fee for the tips, net of any charges, fees or commission. At all times the Customer has a direct Contractual relationship with the Tipster to provide the tips.


Services supplied by ‘The Site’

‘The Site’ as agent to the Tipster, provides all services around entering and proofing of tips, management of the tipster page and services allowing customers to subscribe. It also distributes the tips to the subscribers. For this service, ‘The Site’ charges a commission on the sale of the tips. This commission is set at 30% plus relevant VAT, but may at any time be adjusted by communication in writing to the tipster. At this time the tipster has the right to end their contract with ‘The Site’ and receive a refund in proportion to the amount outstanding. If enrolment fee covered more than one year then it shall be assumed that any amount paid, and the refund be based on a single calendar year starting on January 1st.


Nature of Services Supplied

‘The Site’ will not at any time interfere, amend, or change any tip provided by a tipster. As an agent we are merely representing and communicating the tips being offered by tipsters to customers.


Subscription to a Tipster Service

At all times it should be noted that the customer is purchasing the service from the Tipster and Sporting Sites Worldwide and that ‘The Site’ are merely the agents distributing the tips.

All ownership of the tips remains with the Tipster. ‘The Site’ will charge to the Tipster an ‘Agents Commission’ on the sale of the tips. This cost is included in the overall price offered to the Customer.

‘The Site’ will include, where relevant, VAT on the commission charged to consumers.

Consumers must be over 18 years of age to subscribe to a racing service via the ‘The Site’.

Past performance or frequency of tips from a tipster is no guarantee of future frequency or performance. Should a tipster cease providing tips, or changed their frequency then ‘The Site’ will not refund any subscription fees to the consumer.

The customer will be aware that a portion of their subscription fee is paid to ‘The Site’ as an agent’s commission. By following the advice of tipping service to bet on selections the consumer realises that there is risk involved and it is possible that the stake money may be lost. The consumer accepts full responsibility for the outcome of their own bets and understands that the recommendations are for information and entertainment only.

‘The Site’ takes no responsibility for the quality of the advice of the tipping service. Customers should choose a service carefully. Past performance is no guarantee of future performance.

When the consumer subscribes to a service, the information will be sent to their nominated email address and available via the ‘The Site’ on a password protected page. Every effort will be made to ensure the emails are delivered well before the start of each day's racing. We cannot be held responsible for any losses arising from missed winning bets due to the failure on the part of any service providers whatsoever.

The consumer will be issued with a Username/email/email address and Password to access the information on the web site. If it should be discovered that any member is sharing their password with another person or passing on our daily racing information to any third party then their membership will be ended immediately without refund. Refunds will not be permitted once the subscription has started.

The service is intended for personal use only and is not transferable. No part of the service may be reproduced, displayed in public, broadcast or used for any other purpose. You should be aware there are no guarantees with betting. Past results are not indicative of future performance. Bets can lose as well as win. You should make your own decisions as to whether to follow the information provided.

‘The Site’ advise customers to always check the odds you are laying at. It is possible for the odds to move dramatically between the time the tip is issued and when you place a bet. The consumer should only gamble with money you can comfortably afford to lose.

On subscribing to a tipster service the consumer recognised that they will be sent reminders when the service is due to end. On re-subscribing to a service, if the cost of that service has increased since it was originally taken out the consumer will be charged the new higher/lower rate.


Cancellation of subscriptions/refunds

You acknowledge, as a customer of ‘The Site’, that should you decide to become a Tipster or subscribe to a Tipster, you will be required to make payment to ‘The Site’ for the services that such membership entitles you to receive. The Tipster/Consumer acknowledges that the membership services are available as soon as payment has been made to ‘The Site’ and automatic confirmatory email has been sent out. The Tipster/Consumer agrees therefore to waive any rights that they may otherwise have under the Distance Selling (Consumer Protection) Regulations 2000 to an automatic cancellation of their subscription within a seven (7) day period, on the basis that they will have access to the services before the expiry of this seven (7) day period. However, we may at our sole discretion offer a refund or cancellation of the subscription payment.

If you wish to request a refund, please contact us at admin@toptipsters.co.uk.

Refund or cancellation of subscription payment can only be made in the event of a customer: 1) successfully completing a subscription payment and 2) subsequently NOT logging on to protected content areas at any time throughout the duration of the completed subscription period. If you have not entered into any of the protected access areas following a subscription payment, you may be eligible for a refund. NB: Customer data logging systems are in place to assist in this regard.

At the management of ‘The Site’s discretion, refunds may also be made for other reasons.


Termination of a Tipster or Customer Account

‘The Site’ reserves the right to terminate proofing of a tipster or account of a customer without explanation or notice.

Any tipster found to be cheating will be immediately blacklisted and have their proofing terminated.

Type of Tips

‘The Site’ does not accept in-play (in-running or live) bets or back/lay trades for verification.

‘The Site’ currently only accepts tips on Horse Racing in Ireland and UK


Settlement of Tips

‘The Site’ uses a full Press Association feeds for settlement of all horse racing tips. ‘The Site’ does not warrant or guarantee the information supplied by the Press Association for settlement of the tips. Should the Press Association supply incorrect information then it is noted that ‘The Site’ will also settle incorrectly. Should this happen, ‘The Site’ will make all reasonable efforts to address the issue within a reasonable period of time.


Tipster Record

‘The Site’ does not accept previous records of tipping for the purposes of analysis and reporting. All newly admitted tipsters will start at zero.

‘The Site’ will not accept tipsters who claim their tips are "fixed".

Tipsters who wish to advertise tips at stated prices may do so on the basis they have selected a price from one of the advertised bookmakers on ‘The Site’. Tipsters may not comment on exchange prices but settlement will be made either on SP or selected prices.


Tipster Subscription Prices

Tipsters on starting their service need to select one of the three price plans A/B/C. Tipsters can change their price plan at any time, but only once in a calendar month. Any consumer signing up once the price has been changed will be charged the new price, however past subscribers will not be charged. When a renewal comes up subscribers will be offered the new price.


Settlement of Commissions

All commissions will be settled in the first week of each month for all commissions received by the 28th of the preceding month. Settlement will be by direct BACS payment to bank accounts set up on the registration process. All Bank Account information entered into ‘The Site’ will NOT be stored on any computer or server, thus ensuring there are no PCI DSS compliance requirements.