Terms & Conditions Of Use Of Our Website
THIS AGREEMENT sets out the terms and conditions in relation to your registration with us, the services we will provide and the terms on which both Tipsters and Users can use our website.
Please read these terms carefully before you start to use the Website or register with us.
A. We provide an online platform to introduce Tipsters to Users.
B. You must be over the age of 18 to register with us.
1. Definitions & Interpretation
In this Agreement, unless the context requires otherwise:
Account means the account you create with us if you register to use our Website and Platform;
Business Day means a day other than a Saturday, Sunday or bank or public holiday in England;
Commencement Date means the date you request to register with us;
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 means, 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 means 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 means the services provided using this Website;
Profile means the details of the Tipster on our Website in respect of the services provided;
Registration means your registration with us to allow you to access the Platform provided by us;
Report means any reports that we produce from time to time providing a detailed analysis of the performance of any Tipster whilst they have used the Website;
Site means the use of this site by Tipsters or Users;
Services means the services we provide in respect of the Platform;
Subscription means the services offered to Users in consideration of the Subscription Fee;
Subscription Fee means the amount payable by a User for the for the services of a Tipster offered through the Website;
Tipster means the person or company placing Profiles on our Website and who will be able to obtain certain User information from us, and includes all employees and agents;
Term means the duration of this agreement;
User means the individual wishing to Subscribe with Tipsters;
VAT means value added tax, as defined by the Value Added Tax Act 1994.
We/Us/Our means The Tipster League Limited, a company registered in England and Wales under Company Number 10679114 and whose registered office is at 10 Portland Business Centre, Manor House Lane, Datchet, Berkshire, United Kingdom, SL3 9EG. Email: firstname.lastname@example.org
Website means www.thetipsterleague.com
You/Your means the User or the Tipster as the context permits.
2. About this Website
2.1 To make use of our Platform and Website, you will need to submit a Registration Request in order to be able to create an Account or Profile (depending on whether you are a User or Tipster). How to apply for an Account is set out in Clause 4.
2.2 By registering to use the Website you can (i) as a Tipster, upload your Profile information onto the Website; and (ii) as a User, subscribe to individual Tipsters.
2.3 Subscription payments to Tipsters are set solely by the Tipsters, as set out on their Profile. All Subscription payments must be made using our Platform.
2.4 For all Subscriptions received from Users, we will deduct Commission before making payment to Tipsters.
2.5 We use our best endeavours to keep the information that we place on the Website as accurate as possible, but we are under no obligation to update the Site.
2.6 We have no responsibly for information on the Website given by Tipsters and we have no liability or responsibility as to the accuracy, reliability or completeness of any information on this Website.
2.7 We do not verify any of the information submitted by Tipsters in their Profiles and we make no warranties in regard to the services they provide, nor have we vetted the services they provide. We do not verify the accuracy or truth or completeness of, and shall not be liable for and accept no responsibility for any information presented including, but not limited to, information presented by Tipsters, or any circumstances that may arise from your use of the Website, or the services of any Tipster.
2.8 We do not provide any form of guarantee or warranty that any Tipster will perform to the same standards as suggested by our published information.
2.9 As a User, you understand that we will provide the Tipster with your forename and account number only. We will not pass any other information that you provide us to the Tipster.
2.10 We reserve the right to withdraw or amend the service provided on this Website without notice. We shall not be liable if for any reason our Website is not available at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, if required. We aim to update the Website regularly and may change the content at any time. We may therefore have to suspend access to the Website or close them if necessary.
2.11 You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these terms and that they comply with them. In order to use the Website properly, you must have the necessary hardware, software and reliable internet access, none of which is our responsibility and is your entire responsibility.
2.12 We cannot guarantee that the services on the Website will be uninterrupted or will achieve particular results, or the integrity or security of data contained therein, except to use its reasonable endeavour to rectify faults if they do occur.
2.13 If you are using the Platform from outside of the United Kingdom, it is your responsibility to ensure that the Services we and the Tipster provide and that you are accessing are legal in the country in which you wish to receive them. We have no ability to know or advise on any national or local laws in respect of the services we and Tipsters provide.
3. Supply of Our Services to Tipsters
3.1 This Agreement commences on the Commencement Date for a Term and until it is terminated in accordance with clause 10.
3.2 The procedure for applying for Registration and our Services is set out in clause 4.
3.3 During the Term and at the expiry of the Term we hereby grant you a non-exclusive, non-transferable license to use the Website solely for the purpose of accessing and using the Service in accordance with the terms of the Agreement and for no other purpose whatsoever.
3.4 Once a registration request has been accepted, you will usually be able to create and upload a Profile within 24 hours, but time is not of the essence.
3.5 If you breach any of the terms of this agreement we may at a sole discretion:
- terminate this Agreement;
- refuse to accept any subsequent registration requests from you;
- recover from you all losses, damages, costs and expenses incurred by us arising from your default.
3.6 We will not be liable for any delay in or failure of delivery to the extent caused by:
- your failure to: (i) provide us necessary information to provide our Services, (ii) provide Us with adequate instructions for supply or otherwise relating to the Services; or
- an event of Force Majeure.
4.1 As a User, by registering to use the Website you agree that:
- 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 Tipster is only between you the User and the Tipster;
- the information that you provide to us is accurate;
- you will keep any username and password that we supply to you private and shall not allow another person to use those details on the Website;
- you understand that your forename and account number will be made available to Tipsters in order that they may provide their services;
- You will pay the relevant Subscription Fee for the relevant subscription term (as set out in Clause 5);
- You will not, any time, have more than one Account with us (but you may have several Subscriptions);
- 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;
- If you cancel your Subscription as set out in Clause 10 you understand that any further application for Accounts may not be subject to any cancellation period;
- You will always log out of your Account when you exit the Website;
- Any username you chose will not be offensive or represent any trade or brand name, and that we have the absolute right to refuse any username or change it without notice to you;
- 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)
- When requesting a Subscription, this will be for the term that you have chosen (generally, monthly or quarterly). This subscription term will automatically continually renew for further subscription terms of the same length (and payment will automatically be deducted using the initial payment method used to pay for the original subscription) until such time as you terminate the subscription (as set out a clause 10).
- Tipsters have the right to increase their Subscription Fees but the higher rate will only apply upon renewal of a Subscription
- When you receive a tip, we may include a link to a Bookmaker for that bet and we do use our best endeavours to ensure that this is the best price available for that bet in the market at the time however, we make no warranties or guarantees in this regard and you are responsible for making your own enquires as to whether this is the best available price at that time;
- In the event that a Tipster terminated its agreement with us for any reason and/or terminates the Subscription, that the Tipster is solely responsible to you for any repayment of Subscription Fees paid for services not provided. We will have no liability to you in this regard.
4.2 As a Tipster, by registering to use the Website you agree and understand that:
- we reserve the right to refuse to accept your registration or to suspend or deny access to the Website if you breach of the terms set out in this Agreement;
- upon completion of a registration request form, we may ask you to provide us with verification/identity information.
- All of the information set out on your Profile will be made available to Users and other visitors to the site;
- the submission of a registration request form will constitute an offer by you to use the Services on the terms of this Agreement;
- we may accept or reject a registration request at our discretion. A registration request will not be accepted, and no binding obligation to supply any Services will arise, until our receiving from you all information that we request to verify status and thereafter
- Our written acceptance of the request; or
- Our supplying the Services or notifying you that we have commenced supply of the Services (as the case may be).
- rejection by us of a registration request, including any communication that may accompany such rejection, will not constitute a counter-offer capable of acceptance by you;
- You are making warranties in regards to the Profile information and services you provide, as set out in Clause 13.4
- You will pay us Commission for all Subscription Fees that we received from Users who use the Website (see Clause 5);
- You agree that we may undertake, prepare and publish Reports regarding your services on the Website without prior notice to you;
4.3 Whether you are a Tipster or a User, if you do anything which we think might be fraudulent, we may report those actions to the Police and we may terminate this Agreement. If you are a Tipster, any money standing in your account may be held by us, returned to the User or held as directed by law.
5. Subscription Fees and Commission
5.1 All Subscription Fees are variable but will be as set out on the Tipsters Profile.
5.2 Subscription Fees payable by Users must be made using our Platform. Payment methods are shown on the Website. Once we have received the Subscription Fee, we will pass your Account information to the Tipster so that he/she may provide their services.
5.3 We will make payment to the Tipster of the Subscription Fees received from Users, less 25% Commission.
5.4 We reserve the right to increase the level of Commission by giving Tipsters 30 days written notice and the new rate of Commission will thereafter increase in respect of any new Subscription Fees we receive.
5.5 We make payments to Tipsters of the Subscription Fees received less our Commission to the nominated account of the Tipster on each Monday of every week (and where that day falls on a Bank or Public Holiday, the following working day) but may reserve from that amount any Subscription Fees which may be subject to a cancellation request from a User.
5.5 We are not registered for VAT. If we register for VAT we shall not provide notice of this to you in advance, but we shall thereafter charge VAT at the this will be applied to the Fee at the applicable rate on the Fee. It is the responsibility of the Tipster to state whether the Subscription Fee is inclusive or exclusive of VAT.
6.1 All payments for Subscriptions Fees must be made prior to a subscription being activated.
6.2 If any payment we send to a Tipsters nominated bank account is refused and we are not supplied with alternative bank account within 28 days of us requesting this, the Tipster agrees that we may keep all payments that would have been made during that period and for such period until such time as correct banking details are provided by the Tipster to cover our administration and other costs.
6.3 If any Subscription Fees are paid directly to the Tipster by a User the Tipster confirms that this will be made known to us within 7 days of becoming aware of such fact, and that the Commission that would have been paid to us had the User paid via our Platform will be paid directly to us by the Tipster within 14 days failing which, we shall deduct such amounts from any Commission due to the Tipster by us.
7. Links to Subcontractor or other websites
Any links provided on the Website to other websites or Profiles are not intended to provide an endorsement by us and we will have no liability or responsibility for the content contained therein or those websites or Profiles whatsoever.
8 Your Information
8.1 We process information about you in accordance with our Privacy and Cookies Policy
8.3 Each party undertakes that it will keep confidential any information that is confidential in nature concerning the other party (a party being you or us), the terms of this Agreement and the information relating to any User.
9. Limit of relationship
9.1 We are not liable for any information given on the Website or directly to Users by a Tipster or for any services (lack thereof or failure to meet legal requirements) provided by a Tipster.
9.2 We do not provide, and are not in the business of providing any gambling, betting or tipping services.
9.3 By using this Website and/or registering to use the Website as a User, you agree and accept that no legal relationship is created between us and Users.
9.4 We make no representations or guarantees as to the services being offered, advertised or provided by Tipsters. We allow Tipsters to register with to create Profiles on the Website, and provide a Platform for Users to Subscribe to Tipsters. It is for Users to decide if they wish to Subscribe to Tipsters. We do not vet the services provided by individual Tipsters nor do we recommend or endorse them.
9.5 All of Tipsters registered with us have given a warranty that they will provide their services in accordance with their obligations under English law – please see clause 14.4 but we do not verify that information and therefore we give no guarantee or warranty in that regard. Users are solely responsible for making their own checks in regards to the Tipsters skills.
9.6 No partnership or agency. We and the Tipsters 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 them, other than the contractual relationship expressly provided for in this agreement. Neither we nor the Tipster will have, nor will represent that it has, any authority to make any commitments on the other's behalf.
10. Cancellation and Termination
10.1 Cancellation of Subscriptions by Users.
10.1.2 As a User, in certain circumstances as a consumer you have a right to change your mind about a Subscription and obtain a full refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However (subject to clause 10.2.3) we offer all of our Users the right to cancel a Subscription within 14 days, for any reason, and we will provide a full refund, even if the User has made use of the Tipster services.
10.2.3 If you request a Subscription, and have cancelled a previous Subscription under Clause 10.1.2 within the previous 3 years, you will only be able to cancel a further Subscription and obtain a full refund if, within 14 days of making payment of the Subscription fee, you inform us in writing that you wish to cancel, and you have not made use of our or the Tipster Services. The right to cancel does not apply to any renewal of a subscription.
10.2.4 If you do wish to cancel a Subscription, then please either email us at email@example.com or use the cancellation section in our "My Subscriptions" page.
10.2.5 We will refund any monies due to a User within 14 days of the date of cancellation, using the same method of payment as which we received the Subscription Fee.
10.2 Termination of this Agreement
10.2.1 We may suspend or permanently terminate your use of the Website if you breach any of the provisions of the terms set out in this agreement.
10.2.2 We may terminate this Agreement at our absolute discretion and without reason upon our giving you 7 days written notice. If this occurs, we will reimburse Users on a pro-rata basis the Subscription Fee for any period on which services will not be provided by Tipsters.
10.2.3 As a User, you may terminate this Agreement at any time by emailing us at firstname.lastname@example.org or by closing your Account our "My Subscriptions" page.
10.2.4 As a Tipster, you can terminate the Account upon giving us 60 days written notice, but you agree to fully indemnity us for all losses, damages, costs and expenses incurred by us arising from such termination in respect of any live Subscriptions at the end of the termination notice and to be fully and wholly responsible for making any payments due to Users for any services paid for, but not provided.
10.4 The following clauses of this Agreement will survive termination, howsoever caused:
clause 10 (termination);
clause 11 (limitation of liability);
clause 12 (indemnity);
clause 16 (general);
clause 17 (governing law and jurisdiction),
together with any other provision of this Agreement which expressly or by implication is intended to survive termination.
11. Limit of liability
11.1 No party to this Agreement limits or excludes its liability for:
- death or personal injury caused by negligence; or
- fraud or fraudulent misrepresentation.
11.2 Without prejudice to clause 11.1 in regards to Tipsters. our total aggregate liability under or in connection with this Agreement, whether arising in tort (including negligence), contract or in any other manner will not exceed the value of Commission that we have received within the preceding 3 months.
11.3 Without prejudice to clause 11.1, the Tipster’s total aggregate liability under or in connection with this Agreement, will not be limited.
11.4 The User and Tipster agree to fully indemnify, defend and hold us harmless our officers, directors, employees, contractors, agents, suppliers, service providers, licensors and third party partners from and against all third party claims, costs, losses and/or liabilities relating or arising in connection with any illegal use of the Website, any breach of your representations or warranties or any violation of these terms by you or anyone to whom you allow access to the Website using your internet connection and or registration details.
11.5 Without prejudice to clause 11.1 we will not be liable to the Tipster for any:
- loss of profits or revenues; or
- loss of, or damage to, data or information systems; or
- loss of contract or business opportunities; or
- loss of anticipated savings; or
- loss of goodwill; or
- any indirect, special or consequential loss or damage.
11.6 Without prejudice to clause 11.2, as a User, the Website must be used only for your personal use and not in connection with any business or commercial purposes. To the fullest extent permitted by law, we have no liability whatsoever relating to the information on this Website, or the services advertised by Tipsters. This does not affect your statutory rights under English Law and we shall not be liable for losses or damages (whether direct, indirect or consequential) whatsoever, whether in contract, tort (including negligence), or otherwise arising from this Website or the use of the Platform, or from any interruption or delay in accessing this Website.
12.1 The Tipster will indemnify us and hold us harmless from and against any losses, damages, liability, costs and expenses (including professional fees) incurred by it as a result of any action, demand or claim:
- that the Tipster is in breach of any applicable laws as a result of any act or omission of the Tipster;
- made against us by a third party (including a User) arising from any defect in the services provided by the User or by the Tipster’s breach of this Agreement;
- is in breach of the Advertising Code of Conduct or any other advertising codes of conduct;
- is in breach of any law, regulation or code of practice relating to the services provided by the Tipster
each being a Claim.
12.2 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.
13.1 The Services delivered by us will be supplied with reasonable skill and care.
13.2 We will not be liable for any failure of the Services to comply with clause 13.1:
- where such failure arises by reason of the Tipster's wilful damage or negligence;
- to the extent caused by the Tipster’s failure to comply with our reasonable instructions as to: (i) use or benefit from the Services, or (ii) good practice in relation to use or benefit from the Services;
- to the extent caused by the us following any specific requirement of the Tipster in relation to the Services;
- to the extent caused by our changing our host server.
13.3 We will comply with all UK applicable laws, standards and good industry practice in the supply and delivery of the Services.
13.4 The Tipster warrants that it/he/she will:
- Ensure that, both in relation to tips and its services generally, it complies with all statutory requirements relating to the provision of those services in the United Kingdom specifically pursuant to English Law or such other laws, regulations or codes of practice in which the Tipster’s services are provided;
- Ensure that Users are fully aware of the Tipsters Subscription Fees and subscription terms;
- Read the terms and conditions from time to time that apply to the User's use of the Website so that it remains fully aware of what terms the Users are entering when using the Website, and our Policies;
- To notify us promptly of any unauthorised use of the Tipster’s account details or the Website;
- Make it clear that the Tipster acting in the course of a trade or business;
- Be solely responsible for providing and maintaining all computer equipment and software necessary for the Tipster to access the Service;
- Be solely responsible for any data, information or profile material submitted by the Tipster on our Website or to us in connection with the Service (including, but not limited to that tips and information provided is based solely on the Tipsters own skill and judgment);
- The Tipster shall, at its own cost, be responsible for obtaining (or obtaining relief from any requirements for) all regulatory approvals which it is required to obtain;
- To ensure that all information that the Tipster puts in the Website or makes available via the Website for Users is true and accurate and that it will not unlawfully discriminate on grounds of age, sex, race or religion;
- Comply with all income and other tax and VAT legislation applicable in the United Kingdom or the country in which the services are provided;
- Inform us immediately of any change or other factor that it is reasonable to assume would affect its Registration;
- Agree to the User using our feedback portal to leave feedback in regards to the services provided by the Subcontractor. We will not review any information posted by Users about you on the Website. If you believe that information given is incorrect or in breach of these terms you must inform us immediately, and we will aim to remove it (if at our total discretion we believe it should be removed) within a reasonable period of time;
- Ensure that the Subscription Fees advertised on Profiles are at least the same as, or more favourable than such fees used to advertise the Tipster’s services anywhere else.
14.1 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 email@example.com.
14.2 If you have any complaints in regards to the services provided by a Tipster, then please follow their internal complaints procedure. If you are unhappy with the outcome then please contact us link however, we do not make any warranties or representations as to what steps we will take in regards to such complaints.
15. Force Majeure
15.1 A Party (meaning us, a Tipster or a User) will not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:
- promptly notifies the other of the Force Majeure event and its expected duration; and
- uses reasonable endeavours to minimise the effects of that event.
15.2 If, due to Force Majeure, a party:
- is or will be unable to perform a material obligation; or
- is delayed in or prevented from performing its obligations for a continuous period exceeding 90 calendar days
then the other party may terminate the Agreement on immediate written notice.
15.3 For the duration of a Force Majeure event affecting a party to this Agreement, the obligations of the other Party will be suspended for the corresponding period of time.
16.1 Severance. If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement will not be affected.
16.2 Rights of third parties. No person other than you or us will have any right to enforce any of this Agreement’s provisions.
16.3 Assignment. We may assign, transfer or deal with any or all of our rights under this agreement without the prior consent of the User or Tipster. A User or Tipster may not assign or transfer their rights under this Agreement without our written consent.
16.4 We may sub-contract in any manner any or all of our obligations under this Agreement.
16.5 Each party to this agreement confirms it is acting on its own behalf and not for the benefit of any other person.
16.6 Variation. No variation of this Agreement will be valid or effective unless it is in writing.
16.7 Waiver. No failure, delay or omission by either party in exercising any right, power or remedy provided by law or under this Agreement will operate as a waiver of that right, power or remedy, nor will it preclude or restrict any future exercise of that or any other right, power or remedy.
16.8.1 Any notice given by a party under this Agreement will:
(a) be in writing and in English;
(b) be sent to the relevant party at the address set out in this agreement (for us) and the registration request form (for the User or Tipster) or, if sent by fax or email, to a fax number or email address nominated by the parties.
16.8.2 Notices may be given, and are deemed received 24 hours from delivery if sent to the correct email address and no notice of delivery failure is received.
16.8.3 All references to time are to the local time at the place of deemed receipt.
16.8.4 This clause does not apply to notice given in legal proceedings, arbitration or other dispute resolution proceedings.
16.9. Compliance with law. Each party will comply and will (at its own expense unless expressly agreed otherwise) ensure that in the performance of its duties under this Agreement, its representatives will comply with all applicable laws and regulations, provided that neither party will be liable for any breach to the extent that such breach is directly caused or contributed to by any act or default of the other party or that party's representatives.
16.10. Entire agreement. The parties agree that this Agreement (and Policies referred to herein) constitute the entire agreement between them and supersede all previous agreements, understandings and arrangements between them, whether in writing or oral, in respect of its subject matter. Each Party acknowledges that it has not entered into this Agreement or any documents entered into pursuant to it in reliance on, and will have no remedies in respect of, any representation or warranty that is not expressly set out or referred to in this Agreement or any documents entered into pursuant to it, except in the case of fraudulent misrepresentation.
17. Governing law and jurisdiction
17.1 This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales.
17.2 All parties to this Agreement irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).