Tipsters Terms & Conditions

Tippingleague.co.uk
Terms and Conditions of the
Provision of Tipster Services

DEFINITIONS

tippingleague.co.uk is an internet website wholly owned, managed and maintained by LGR (UK) Ltd, for the purposes of this agreement, both tippingleague.co.uk and LGR (UK) Ltd shall be treated as the same legal entity and referred to from herein as "TLC".

Tipster is defined as any person resident in the UK who enters into a relationship with TLC to have a Premium Rate Horse Race Tipping Phone Line facility set-up on their behalf.

Tipping Line is defined as a Premium Rate Horse Race Tipping Phone Line service provided by Square1 Communications Ltd (SQ1), which TLC manages on behalf of the tipster with regards to publishing and deleting horse racing tips, and distributing a revenue share of all calls made to the tipping line.

ICSTIS refers to The Independent Committee for the Supervision of Standards of Telephone Information Services, the regulatory body for premium rate Tipping Lines.

Online Tips are tips supplied by tipsters registered with Tipping League that may be purchased through the Tipping League website.

Tipping Service is defined as a service operated by an individual or company registered with Tipping League who endeavours to supply accurate information about UK mainland horse races that provide the consumer of this information with an increased chance of identifying horses that can win the specified race.

In this agreement:
a) Words denoting the singular include the plural and vice versa.
b) Words denoting persons include natural persons, corporate bodies, unincorporated associates, sole traders and partnerships.
c) Headings in this agreement are inserted for convenience only and shall not affect the construction or interpretation of this agreement.

OVERVIEW OF TLC SERVICE

TLC facilitate the operation of Tipping Services. A Tipping Service may include any or all of the following:
1) Tipping Line
2) Online Tips

You must be over 18 years of age to register as a tipster with Tipping League.

Tipping Lines
TLC will administer the implementation of Tipping Lines as provided by SQ1. The sole purpose of the Tipping Lines is for the provision of horse racing betting tips on UK mainland horse races as per the terms of this agreement. The service will be provided seven days per week and the Tipster may provide tips on a daily or adhoc basis for the current days races, by ringing a National Rate phone number and leaving a voice recording of their racing tips for the current days horse races. Messages must be received by 10.30am on the day of the races to ensure they are published to the Tipping line. TLC will log the tips into its database in order to manage the League Table(s) and upload the voice message to the Tipsters allocated Tipping Line by 11.00am. If a Tipster does not leave a voice message on any given day, then TLC reserves the right to broadcast a message stating that no tips are available and that another tipster may be found in Tipping League.

TLC may vary the cost per minute call charge from between £0.60 per minute and £1.50 per minute as it deems appropriate to take into account such considerations as demand, positions in the league table and win: loss ratios. The initial cost per minute call charge on all new Tipping Lines is £1.50 per minute, with this charge being maintained if the tips provided enjoy a high or growing success rate, or dropping if the tips provided have a low success rate.

Online Tips
TLC will provide functionality that enables tipsters to sell their tips daily through the TLC website. Tipsters may choose the price at which tips may be sold by choosing a value from a pre-determined price range as set by TLC. TLC may provide users with discounts to the selected price to encourage repeat users, details of current discount rates can be found on the website or by contacting TLC.

This service may only be used for the sale of tips, no other activites are permitted.

Tips must be received by TLC by 10.30am on the day of the races to ensure they are made available to users.

Tipping League Betfair Proofing Service
Tipping League collect market data from the betting exchange known as Betfair. This service demonstrates potential profits that could have been made by following a tipsters selections and placing bets at Betfair. Whilst TLC will endeavour to collect market data on a regular basis no guarantee can be provided that the service will be uninterupted and users of the service acknowledge that this may be the case.

Having purchased a subscription to this service your subscription will start from the moment payment has been processed. You have 7 days from the point of payment to cancel your subscription. Cancellations made within this time frame will receive a full refund. No refund will be made for subscriptions cancelled after 7 days. To cancel a subscription you should contact us stating your reason for cancellation along with the name of your tipping service.

General
TLC will be operating League Tables that represent the success rate of each Tipster, detailing statistics including win / lose ratios, race track, course distance, race grade, jockey and trainer strengths. TLC will update the League Tables on a regular basis.

The league tables will act as a promotion tool for each Tipping Service, with those at or near the top naturally expecting to attract more users. TLC reserve the right to withdraw the service from Tipsters demonstrating consistent levels of poor performance.

USE OF TIPPING LINES

Prior to using a Tipping Line allocated by TLC all Tipsters should observe the ICSTIS Code of Practive, available at www.icstis.org.uk.

The Tipping Line allocated to the Tipster must only be used for the purpose of providing horse racing betting tips as per the guidelines below. Any other use of the Tipping Line will be construed to be mis-use of the service and may result in termination or suspension of the service.

The Tipster agrees to leave their tips by 10.30am on the morning of the race. There is no limit to the number of tips that may be left per day provided the call length does not exceed 5 minutes, each tip must be for a different race. The first tip must be made in the first minute of the message. The horse tipped by the tipster should be capable of winning in the tipsters opinion.

• The message must state the name of the Tipping Service as identified within TLC
• The message must state the time and date of the race
• The message must state the race course for each tip
• The message must state the name of horse being tipped
• The message must state the currently available odds
• The message must state "in association with www.tippingleague.co.uk"

• The message must NOT last more than 5 minutes.
• The message must NOT name any third parties
• The message must NOT make claims about future selections being certain winners or about the certainty of profits.
• The message must NOT quote odds for future selections unless the availability of these odds can be substantiated.
• The message must NOT under any circumstance contain language of an adult, offensive, libellous, slanderous, defamatory, insulting, immoral or illegal nature.

ADVERTISING & PROMOTION OF TIPPING SERVICE

Tipsters are encouraged to promote their Tipping Service using legitimate techniques.

Tipsters may not promote their tipping service using any illegal or illegitimate techniques including but not restricted to internet SPAM.

All tipsters may advertise and promote their allocated Tipping Line. All advertising material must state:

• Tipping League, PO Box 3486, RG40 9BD
• When line is updated by, eg Updated 11am Daily
• Calls cost £{cost of your allocated Tipping Line} per minute from BT landlines

PAYMENT

The Tipping Service will operate on a Revenue Share basis. Tipsters operating a Tipping Line will receive a percentage of the call cost per minute as outlined hereunder. Tipsters providing Online Tips will receive a percentage of the price of the tips, as set by the tipster, minus any discount applied to the price of the tips, as set by TLC. The percentage revenue share will be set by TLC.

All revenues generated are shown exclusive of VAT. If you are VAT registered then add 17.5% VAT onto an "HM Revenue & Customs" compliant VAT invoice

TLC will publish a report in a secure online account area as per the attached payment schedule. The report will detail:

For Tipping Lines
The total number of calls made, the duration of each call, the cost per minute for each call and the pending revenue share earnt per call. Once TLC has received cleared funds from SQ1 the payment status will be changed from "pending" to "approved".

For Online Tips
Details of each purchase including the price tips were purchased at, discount rate if applied, pending revenue share amount for each purchase and total revenue earnt.

Provided the combined, approved revenue share balance due is greater than £50.00, the Tipster will need to raise an invoice for the amount shown, and submit it to "LGR (UK) Ltd". If the minimum amount of £50.00 has not been achieved, the balance will be carried forward until such time as the minimum amount is achieved.

Payments will be made upon validation of invoices received, by either cheque or bank transfer - payment will not be made under any circumstances without an invoice being received. Invoices will be rejected if submitted when the minimum payment has not been achieved and / or if the payment status isn't set to "approved".

Payment Status will remain as pending until such time as cleared funds on this Tipping Line are received by TLC. Should funds not be received by TLC relating to this agreement alone, or agreements collectively, due to the withholding of payment by SQ1 for whatsoever reason then Payment Status will remain as pending. Reasons for non-payment include but are not limited to: insolvency of any party involved in the supply of the Tipping Line Number and provision of Telecommunications Network services; fraudulent or illegal activity whether suspected or proven; mis-use of the service; immoral use of the service; disputes amongst any of the parties involved. Where fraudulent, immoral or illegal activity is suspected, payment status will remain as pending even if TLC has received funds, until such time as the outcome of any enquiries or legal investigations is known. In the event of any Tipster fraud, all transactions in the Tipster's account will be reversed. In addition TLC may recover any payments made before fraud has been detected. We also reserve the right to take legal or criminal action against the companies and individuals involved.

If payment is permanently withheld by SQ1 for whatsoever reason, then TLC, it's shareholders, directors, employees or agents will not be liable for any outstanding amounts showing as pending due to the Tipster for the period concerned and this agreement may be terminated with immediate effect by either party.

Should such an instance arise where payment is withheld by SQ1 for reasons other than any action which is deemed to be a breach of agreement either by the Tipster or TLC, where practicable, TLC will pursue all outstanding amounts due, at its expense. If any such action is successful in full or in part, then any funds realised will be pooled after deducting any costs incurred by TLC as a result of actions taken. If the pooled amount is sufficient then all pending payments will be set to approved and paid in full. If the pooled amount received is below the total of all pending payments for all tipsters, then the pooled amount will be split proportionately. TLC will only take its revenue share if the pooled amount is greater than the value of all pending payments for all affected Tipsters.

Whilst pursuing any funds due from SQ1, if contractually able to do so depending on the reason for payment being withheld, TLC will actively seek an alternative service supplier, at the earliest opportunity, keeping any losses and disruption to services to a minimum.

RELATIONSHIP OF PARTIES

Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer and employee between TLC and the Tipster.

The Tipster is responsible for the declaration and payment of all tax and national insurance payable on any payments made to them by TLC.

TIPPING SERVICE PROVISION

Tipping Line numbers and Online Tipping services will be allocated at the discretion of TLC. TLC reserves the right to request all tipsters to pass a probationary period before a Tipping Service is allocated. The success of the Tipster during this period, as measured by TLC, may be used to determine whether the Tipster will qualify for their Tipping Service.

Tipping Line numbers allocated shall be for the exclusive use of the Tipster for the duration of this agreement, and will be allocated at the discretion of TLC and / or SQ1 who have the right to refuse connection of a number or to disconnect any number during the period of any breach or suspected breach of this agreement by the Tipster.

Unless otherwise agreed, if a Tipping Line Number allocated remains unused for a continuous period in excess of one calendar month, or during the same period less than 180 call minutes per month have been achieved, TLC and / or SQ1 may withdraw and re-allocate or disconnect for a possible subsequent reconnection for whatsoever purpose without liability by giving not less than seven days written notice, unless the agreement has been terminated because of a breach by the tipster in which case no written notice will be given.

Unless otherwise agreed, if an Online Tipping service fails to generate 50 sales in one calendar month, or remains unused for one calendar month, TLC may withdraw the service without liability by giving not less than seven days written notice, unless the agreement has been terminated because of a breach by the tipster in which case no written notice will be given.

The parties acknowledge that where allocated, neither TLC or the Tipster own the Tipping Line Number and the ownership of any Tipping Line Number allocated is from time to time governed by OFTEL and any allocation of a number shall take effect as a licence to TLC to use only in accordance with and subject to the terms and conditions of this agreement and all applicable laws and regulations.

The Tipster must not, or attempt to, sell, transfer or otherwise assign the Tipping Line Number allocated hereunder to any other person.

The allocation of the Tipping Line Number and the use thereof shall be for the sole use of the person and purpose as outlined in this agreement, and the use thereof shall be subject to any and all regulations, directions or instructions issued or given by the Office of Telecommunications ("OFTEL") or any other body with competent jurisdiction from time to time, including the withdrawal, termination or suspension thereof.

Due to the nature of the service it is technically impracticable to provide the Tipping Service service free of faults, and neither TLC or SQ1 undertakes to do so, but all reasonable endeavours will be made to make the service available. Neither TLC or SQ1 shall be liable to Tipsters for any Telecommunications Network failures howsoever caused. Neither party shall be liable to the other for any delay in or failure to perform its obligations hereunder (other than a payment of money) where such delay or failure results from force majeure, act of God, fire, explosion, accident, industrial dispute or any other cause beyond its reasonable control.

COMMENCEMENT AND TERMINATION

This Agreement shall come into force upon your acceptance as a Tipster and shall remain in effect until terminated. Acceptance as a Tipster on Tipping League does not guarantee that you will be provided with a Tipping Line. Tipping Lines are allocated at the discretion of TLC.

The Tipster is entitled to terminate this Agreement with immediate effect at any time. The Tipster must cease to use the service immediately upon the termination of this Agreement and, for the avoidance of doubt; the Tipster shall not be entitled to receive a revenue share on any calls to the Tipping Line made after the termination date.

The Tipster shall acquire no rights following the termination of this Agreement to use Intellectual Property Rights of TLC.

This agreement will be terminated immediately if fraudulent, illegal or immoral acts are suspected or proven to have been committed.

TLC is entitled to terminate or amend this Agreement and/or suspend the Tipster from the service at any time with or without reason, giving reasonable notice where possible.

In the event that the service can no longer be provided as outlined in this agreement, the agreement will be terminated with immediate effect. Where possible a new agreement may be offered, although not necessarily on the same terms.

INDEMNITIES AND LIMITS OF LIABILITY

In no event shall TLC be liable to the Tipster for special, indirect or consequential damage including but not limited to loss of profits arising from interruptions to the service.

The Tipster shall indemnify and defend TLC and its employees in respect of any claims by third parties relating to the service provided by the Tipster.

LEGAL JURISDICTION

These terms and conditions shall be governed and construed in accordance with English Law. Unless otherwise specified, the TLC website, information and services are directed at and are intended solely for use by those resident in the United Kingdom mainland. TLC makes no representation or warranty that any product, service or information referred to is appropriate for use in other locations or jurisdictions. Those who choose to access this site from other locations or jurisdictions are responsible for compliance with any applicable local laws.

PRIVACY

Any personal details that you may provide at any time during your use of any TLC services are kept private and are never shared with any other person or organisation except in the event of any legal or regulatory obligation to do so. One such recipient may be ICSTIS, The Independent Committee for the Supervision of Standards of Telephone Information Services.

TLC will never sell your personal data.

COPYRIGHT

All information displayed on this website should be assumed to be copyrighted and may not be reproduced unless a License Agreement between you and TLC has been granted. The information is either the intellectual property of TLC, our members, or that of third parties where we have licences to display it. Breaches of copyright and theft of intellectual property found to have taken place will be pursued vigorously in accordance with English Law.

Payment Schedule

The table below shows the planned dates for 2005 when:-

• Revenue Share Statements will be published
• Invoice due dates (the last date by which invoices can be submitted to guarantee payment of approved revenues in payment run for the month)
• Payments will be issued by either cheque or bank transfer

The following dates are a guide only and may be subject to change.

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