This agreement sets out the Tipster terms and conditions which apply to the use and access of TheTipsterLeague.com. The Tipster League/Us/We refers to The Tipster League. The Tipster League is owned and operated by The Tipster League Limited with Co Reg: 10679114 whose registered office is at Unit 3 & 4 Daltongate Business Centre, Daltongate, Ulverston, Cumbria, United Kingdom, LA12 7AJ.
When you sign up to The Tipster League, you confirm that you have read these terms and conditions and have accepted their use in their entirety.
The following definitions and rules of interpretation apply in these Conditions.
Account: The account you create with us on our Website
Commencement Date: The date your account is created.
Commission: the amount deducted by us from a Subscription Fee, in accordance with clause 4 for supplying the Services.
Conditions: these terms and conditions as amended from time to time.
Force Majeure: means an event or sequence of events beyond reasonable control preventing you or us delaying from performing any obligations under this Agreement.
Good Practice: in relation to the services provided, that the Tipster will comply with all applicable laws, regulations, codes and general good practice in relation to the supply of services that are applicable in the country in which the services are provided.
Intellectual Property Rights: copyright, rights in confidential information, trademarks, trade names and all similar rights of whatever nature and, in each case: (i) whether registered or not, and (ii) whether vested, contingent or future and (v) wherever existing.
Platform: the services provided using this Website.
Profile: your profile page which contains results, statistics and the option for a User to subscribe to you.
Services: the services we provide in respect of the Platform.
Subscription: the right to access the Tips of that Tipster in consideration of the Subscription Fee.
Subscription Fee: the amount payable by a User for the for the services of a Tipster offered through the Website.
Tipster: the person or company publishing tips on our Website and who will be able to obtain certain User information from us, and includes all employees and agents.
Tips: The tips provided by you to which the User can access on our Website via the Subscription.
Term: the duration of this agreement.
User: the individual wishing to receive tips by way of subscription to your Profile.
VAT: value added tax, as defined by the Value Added Tax Act 1994.
We/Us/Our: The Tipster League Limited.
You: the Tipster.
- A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- A reference to writing or written includes fax and email.
2. About this website
2.2. If you do not agree to these terms, you must not use our site.
- Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
2.4. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
2.5. We may update and change our site from time to time to reflect changes to our Users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
2.6. To access this website, you must be of legal age for both gambling and legally eligible to enter into an agreement within your country of residence. If you are not of legal age then access to this Website is strictly prohibited.
2.7. We are not a bookmaker and do not handle any payments for sport betting purposes; subscriptions do not guarantee redemption value.
2.8. We are not liable for information given on the Website or directly to Users by you or for any services (lack thereof) or failure to meet legal requirements provided for by you.
2.9. Each User is aware that Commission is taken from their Subscription Fee.
2.10. By accessing this Website and/or creating an account with us you agree that no legal relationship is created between us.
2.11. We are independent of each other and are not partners, principal and agent and, save as expressly stated otherwise, this Agreement does not establish any joint venture, trust, fiduciary or other relationship between us, other than the contractual relationship expressly provided for in [hyperlink to User T&C’s]. Neither we nor the User will have, nor will represent that it has, any authority to make any commitments on the other's behalf.
3. Supply of Services
3.1. We provide a Platform for Users to subscribe to your Profile and access the Tips you publish on our Website.
3.2. Following each subscription, we cease to provide any service save for the following:
- Updating the Website, including but not limited to, updating the tipster league table, providing notifications by email of your Tips to Users and dealing with enquiries from either you or a User.
4. Subscription fees and payment
4.1. Subscription fees are payable by Users through our Website. Once payment is made, each User will have instant access to your Tips.
4.2. We take Commission from the Subscription Fee paid by a User for facilitating the Service, with the remaining net balance paid through PayPal to you following deduction of PayPal Merchant Fees. The amount of Commission is dependent upon the method of how the User signed up to our Website and is calculated in accordance within clause 4.3.
4.3. Commission is calculated as follows:
- If the User created their account on our Website through the referral link of the Tipster they are subscribing to, we will not elect to take Commission.
- If the User created their account on our Website before the referral program was launched, we will take 25% Commission.
- If the User created their account on our Website through a search engine or by visiting our Website directly, we will take 25% Commission.
- If the User created their account on our Website through the referral link of a different Tipster to the Tipster they are subscribing to, we will take 25% Commission with the remaining net balance of each payment being split equally between the Tipster providing the Tips and the Tipster who originally referred the User.
- If the User created their account on our Website through an advertisement paid for by Us, we will take 62.5% Commission.
4.4. We reserve the right to increase the level of Commission as per clause 4.3 above by giving you 30 days’ written notice, notice of which can be provided by email. The new level of Commission will increase thereafter and will be an applicable rate until the Commission is reduced or increased by us.
4.5. Payment of a Subscription Fee will be made to you on the first day of each month to your PayPal account. We reserve the right to refund any User should you decide to cancel this Agreement in accordance with clause 9, and such refunds will be deduced from any fees due to you in accordance with this clause.
4.6. A clearing period of one month will apply to any initial Subscription Fee.
4.7. If you increase your Subscription Fee, the increased fee will not apply to an existing subscriber and will only apply to a new subscriber thereon in. Should an existing subscriber cancel their subscription with you and resubscribe at a later date, then the new Subscription Fee will apply from the date of resubscription.
4.8. We are registered for VAT with VAT No: GB276427086.
5.1. Upon registering an account with us, you agree the following:
- You will not use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
- You have read, understood and agree to all of the terms set out in this Agreement (and all other Terms referred to as if they were set out in full within this Agreement);
- You are over the age of 18 and that you have the legal capacity to enter into and be bound by these terms;
- You understand that we are only acting as a platform and that the contract for services to be provided by you is only between you and the User;
- The information that you provide to us is accurate;
- You will not allow another person to use your login details on the Website;
- You will not use our Website, your Profile or Account in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, including (but not limited to) racism, hate speech, terrorism and homophobia;
- If you create more than one Account, your Accounts must be transparent and clearly evidence some form of connection between them by way of each Account having all having the same reference within each Profile;
- You may only have one account with us as a User;
- You will not, at any time, request an Account using any other details other than those that were provided on your first Account with us;
- You will notify us immediately should you suspect your account password has been disclosed or that there has been unauthorised use of your Account;
- We may close the Account if you breach these terms or if it remains inactive for a period of 12 months (we will not notify you of closure if it is due to inactivity);
- You must not use our Website or your Profile to advertise anything else other than publishing tips; and
- If you do anything which we think might be fraudulent, we may report those actions to the Police and we may terminate this Agreement.
5.2. In order to create your Account with us, you must provide the following:
- Your Tipster name;
- Email address;
- Password; and
- Level of Subscription Fee for a paying User.
5.3. By creating an Account with us, you obtain instant access to your Profile upon which Tips can be uploaded.
6. Tipster requirements
6.1. You must provide a reasonable level of service to each paying User.
6.2. Tips for a race must be published more than 60 minutes prior to the race start time.
6.3. Tips cannot be amended or deleted once they are published to the Website.
7. Intellectual property rights
7.1. All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by us.
8.1. You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising directly or indirectly out of:
- any breach by you of any provision of this Agreement; or
- your use of our website.
8.2. This clause 8 shall survive termination of the Contract.
8.3. In the event that either party receives notice of any claim that affects the other party to this Agreement, it will:
- notify the other in writing as soon as reasonably practicable; not make any admission of liability or agree any settlement or compromise of the claim without the prior written consent of each other (such consent not to be unreasonably withheld or delayed);
- take all reasonable steps to minimise the losses that may be incurred by it or by any third party as a result of the claim; and
- provide each other with all reasonable assistance in relation to the claim (at the Tipster's expense) including the provision of prompt access to any relevant premises, officers, employees, contractors or agents of ours.
8.4. We will not be held liable for any failure of the Services where:
- such failure arises due to the User’s wilful damage or negligence;
- the User fails to comply with our reasonable instructions as to the use or benefit of the Services or where the User fails to comply with good practice in relation to the use of such Services;
- Our host server is changed.
9.1. If you do wish to cancel your Account, then please email us at email@example.com.
9.2. In the event you terminate this Agreement with us and/or terminate any Subscription, then you will be solely responsible for any repayment of a Subscription Fee paid for services which have not been provided. We will have no liability to you in this regard.
10.1. If you breach any of the terms within this Agreement, or we have reasonable suspicion that you have breached these terms and conditions in any way, we may:
- send you a written warning(s);
- suspend your access to our Website whether temporarily or permanently;
- permanently prohibit you from accessing our website; and/or
- commence legal action against you arising out of your breach of this Agreement.
10.2. Suspension strictly prohibits you from creating another account to access the Website.
10.3. Should your Account be terminated through breach of this Agreement by you, then we will issue refunds to each User, payment of which will be deducted from your earnings as a Tipster.
10.4. Termination or expiry of this Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
10.5. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement shall remain in full force and effect.
11.1. Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
11.2. Assignment and other dealings.
- We may at any time assign, transfer or deal with any or all of our rights under this agreement without the prior consent of the User or Tipster.
- The User or Tipster shall not assign or transfer their rights under this Agreement without our written consent.
11.3. We may sub-contract in any manner any or all of our obligations under this Agreement.
11.4. Entire agreement.
- The Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- The Tipster acknowledges that in accessing the Website and/or creating an account that it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement within this Agreement.
11.5. Variation. No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
11.6. Waiver. A waiver of any right or remedy under the Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
11.7 Severance. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
12.1. We hope that you will be happy with the service provided within our Website however, if you do have any complaints regarding the service, we provide then please email us at firstname.lastname@example.org.
12.2. If you have any complaints in regards to the Services or our Website, then please do not hesitate to contact us. We do not however make any warranties or representations as to what steps we will take in regards to such complaints.
13. Third Parties
13.1. Any links provided on the Website to all other websites are not intended to provide an endorsement by us and we will have no liability or responsibility for the content published or contained within those websites.
14. Governing law
14.1. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
15.1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the use of the Website or its subject matter or formation.