User terms & conditions ("the agreement")
Please read this agreement carefully. it sets out the terms under which the point-to-point racing company ltd offers you use of its website Weatherbys Point-to-Point located at www.pointtopoint.co.uk ("the site"). By using the site you agree that you have read and accept these terms and conditions and that they shall apply to your use. If you do not wish to be bound by them, please leave this web site.
This Agreement is made between you and the Point-to-Point Racing Company Ltd (registered number 3439367) whose registered office is Sanders Road, Wellingborough, Northamptonshire NN8 4BX.
1. Use of the Site
1.1 The Site is for personal and non-commercial use only. You may copy electronically and print portions of the Site for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by the Site, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Site (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of the Point-to-Point Racing Company Ltd is strictly prohibited. You also agree not to deep-link and/or frame to any of the Site for any purpose, unless specifically authorised by the Point-to-Point Racing Company Ltd to do so.
You agree that:
(a) you shall not use the Site to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm the Point-to-Point Racing Company Ltd's computer systems or any third party computer system; and
(b) you will keep your password(s) if any relevant to the Site secure and not let them become public knowledge.
1.2 The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material in the Site is owned by the Point-to-Point Racing Company Ltd and/or its respective licensors.
1.3 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Site or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Site, and/or in any directory or other listings or information retrieval service made available on or by the Site has been so made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. All liability of the Point-to-Point Racing Company Ltd, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Site is expressly excluded to the fullest extent permitted by law.
1.4 The Site may include links to web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and the Point-to-Point Racing Company Ltd is not responsible for and does not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law).
1.5 In view of the vast flow of information transmitted by a web site operator each day, it is not technically possible nor economically feasible to monitor all materials that pass through its system (including, without limitation, all views and/or comments therein). the Point-to-Point Racing Company Ltd believes that the onus for ensuring that material presented on the Internet is legal rests with the original content provider, and we will not limit access to material unless notified that it is illegal. Notwithstanding, the Point-to-Point Racing Company Ltd shall have the right to remove any items it believes may be illegal.
1.6 the Point-to-Point Racing Company Ltd is the owner of:
(a) those trade mark(s) indicated as such throughout the Site from time to time; and
(b) all other trade marks used in the Site which are not licensed to it by any third party. All other trade marks, product names and company names or logos cited therein are the property of their respective owners
1.7 The provisions in clause 4 on Data Protection and Use of Personal Information apply in respect of your use of the Site.
2. Availability and Security of the Site
2.1 Due to the nature of the Internet, the Point-to-Point Racing Company Ltd does not promise full and error free operation of the Site at all times. All liability of the Point-to-Point Racing Company Ltd, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site is excluded, insofar as it is possible to do so in law.
2.2 The Point-to-Point Racing Company Ltd shall use reasonable endeavours to ensure that the Site and any information it holds on you are kept secure. However, due to the nature of the Internet, the Point-to-Point Racing Company Ltd cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that the Point-to-Point Racing Company Ltd is unable to exclude such liability by law).
Where you are asked to complete a Point-to-Point Racing Company Ltd registration form the personal details that you provide must be true, accurate and complete.
4. Data Protection and Use of Personal Information
4.1 Information may be gathered from you when you fill in an online registration form(s) and your use of the Site including through "cookies". Cookies are blocks of text placed in files on your computer's hard drive when you visit a web site which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name, unless the cookie is attached to personal information collected another way, such as by means of your on-line registration form.
4.2 The information gathered may be used by the Point-to-Point Racing Company Ltd and companies in the same group as the Point-to-Point Racing Company Ltd (i.e. companies which share the same ultimate parent company) internally, for purposes relating to your use of the Site and for marketing activities, and may be passed to carefully selected third parties to use for marketing activities. By marketing activities, we mean the communication directly to particular individuals (by e-mail, post or telephone) of any advertising or marketing material. If you subsequently decide you no longer wish to receive direct marketing/information from the Point-to-Point Racing Company Ltd or companies in the same group as the Point-to-Point Racing Company Ltd or no longer wish us to pass your information to third parties you should notify us by e-mail.
4.3 The Point-to-Point Racing Company Ltd may forward your personal details to the Police or other regulatory body to comply with the law or in relation to suspected misuse by you of the Site.
4.4 Other than as set out elsewhere in this clause 4, your information shall not be disclosed or used by us. You hereby agree to these terms in this clause 4 by your agreement to the terms and conditions of this Agreement.
5.1 Subject to the remainder of clause 5 below, the majority of the Site is currently made available without charge to you by the Point-to-Point Racing Company Ltd. However, you are responsible for all telephone charges necessary to access and use the Site.
5.2 Access to parts of the Site are currently made available by payment of the relevant Membership fee only. You agree to pay any applicable fees at the current rates prior to your use of such Membership services the minimum sum specified by the Point-to-Point Racing Company Ltd. The Point-to-Point Racing Company Ltd will then be entitled to deduct any fees accordingly.
5.3 You must provide us with complete and accurate payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to the Point-to-Point Racing Company Ltd you warrant that you are entitled to purchase the Membership services using those payment details. In the case of unauthorised payments the Point-to-Point Racing Company Ltd reserves the right to suspend or terminate your access to the Membership services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to the Membership services.
5.4 The Point-to-Point Racing Company Ltd will try to process your payment promptly but does not guarantee that the Membership services will be available to you by any specified time. A contract with you for receipt of the Membership services will come into effect when the Point-to-Point Racing Company Ltd sends you an email confirming your username and password details.
5.5 Your use of the Membership services will expire before the start of the following Point-to-Point season subsequent to the season for which your current subscription applies. However, the Point-to-Point Racing Company Ltd reserves the right to suspend or terminate your access to the Membership services if you breach these terms and conditions, with or without notice and without further obligation to you.
5.6 The Point-to-Point Racing Company Ltd will charge you in British Pounds Sterling or Euros, depending on your country of residence. You may also have to pay any applicable local taxes.
5.7 The Point-to-Point Racing Company Ltd may require information from you to verify your identity before paying any money out of your account and you agree to provide such information as the Point-to-Point Racing Company Ltd may reasonably require for this purpose.
The Point-to-Point Racing Company Ltd may permanently terminate your access to the Membership services immediately for any reason.
Where a claim is brought against the Point-to-Point Racing Company Ltd by a third party in relation to your use of the Site you agree to fully reimburse the Point-to-Point Racing Company Ltd and all companies within the Point-to-Point Racing Company Ltd group for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by the Point-to-Point Racing Company Ltd or companies within the Point-to-Point Racing Company Ltd group in or as a consequence of your breach of this Agreement and/or your use of the Site.
8. Force Majeure
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure.
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
10.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without the Point-to-Point Racing Company Ltd's prior written consent.
10.2 The Point-to-Point Racing Company Ltd reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as the Point-to-Point Racing Company Ltd or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site.
11. No Waiver
Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
12. Variation of Terms
The Point-to-Point Racing Company Ltd reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on the home pages of the Site. Changes in this manner shall be deemed to have been accepted if you continue to use the Site after a period of two weeks from the date of transmission of the e-mail or of posting on the home pages of the Site, whichever occurs later.
13. Law and Jurisdiction
Where the Site are accessed from England or Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Site and/or the Interactive Services are accessed from Scotland or Northern Ireland this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.