Customer Terms and Conditions

Last updated 11/04/2020

This page tells you information about us and the legal terms and conditions (Terms) on which we sell Memberships to you.

These Terms will apply to any contract between us for the sale of Memberships to you (Contract). Please read these Terms carefully and make sure that you understand them, before purchasing any Memberships or products from our site. Please note that before purchasing anything you will be asked to agree to these Terms.

If you refuse to accept these Terms, you will not be able to use or purchase anything from us.

We amend these Terms from time to time as set out in OUR RIGHT TO VARY THESE TERMS below. Every time you wish to purchase anything, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

Summary

The Membership we offer allows you, as a customer, to access live selections and tips from Racingjackk.

If you sign up for a Membership, you have the right to opt out of any subscription at any time before your first payment is due (if for example you sign up to a trial period), or cancel any existing subscription with Racingjackk before your next payment is due. Just cancel your membership in your ‘My Account’ page when logged into Racingjackk.com. Please see the section within these terms on SUBSCRIPTION as a notice period applies.

We take data protection seriously and ensure that we are compliant with the GDPR. Your personal details will only be used in compliance with our privacy policy.

INFORMATION ABOUT US

  1. We operate the website http://www.Racingjackk.com
  2. We operate a Service which allows you to purchase a Membership to access live selections and tips on our website. You may enquire about these Memberships via our website. 
  3. This contract relates to the sale of Memberships and products by us to you. 
  4. To contact us, please see the ‘Contact Us’ section of Racingjackk.com.

ABOUT YOU

  1. You may only purchase Memberships and products from our site if you are at least 18 years old.
  2. Memberships and products are sold to you on the basis that you are a consumer.

TRIAL

  1. You are limited to one trial of the Service (where you subscribe via a trial offer) unless authorised in writing by Racingjackk. Any subsequent trials you set up for yourself will be considered Invalid Trials, even if you have used a different email address or credentials to activate the account. If you are found to have an Invalid Trial, your account will be deactivated immediately and Racingjackk reserve the right to charge you for any Membership period used during said Invalid Trial. In reference to your consumer rights, including Distance Selling rights, the point of purchase is the start of your trial and use of the service will have been deemed to have occurred if you have used any account (valid or Invalid Trial accounts). For clarity any Invalid Trial accounts that upgrade will not be entitled to a refund.

SUBSCRIPTION

  1. If you opt to buy a Membership on a subscription basis you are committing to a monthly contract that will automatically renew. You may choose from different subscription packages available from time to time. Details of the packages including details of prices can be found in the ‘Buy Membership’ section of our website.
  2. An initial payment of the first month’s subscription fee will be taken from you upon opting for monthly subscription when a Contract will be formed. A further subscription fee will be taken from you at regular intervals from the date you joined until you decide to cancel. Subscriptions are offered under billing cycles (clearly displayed in the ‘Buy Membership’ page of our website) so the period for which you are billed may vary from these terms based on what you have purchased.
  3. All fees are non refundable subject to clauses under the section YOUR CANCELLATION AND REFUND RIGHTS.
  4. You may terminate your subscription at any time through the ‘Cancel’ option in the My Account section of our website.
  5. Upon cancelling your subscription, any Memberships already purchased and credited to your account shall expire upon your next billing date and shall not be refundable except for in accordance with the clauses under the section YOUR CANCELLATION AND REFUND RIGHTS.
  6. Tip frequency – Racingjackk Memberships will include access to all selections posted each month. A minimum of 10 selections per month will be posted (typically between 30 and 60 during the main all weather racing season). If less than 10 tips are posted in a month, you will be entitled to a pro-rata partial refund of your membership by emailing racingjackk@gmail.com or messaging our Twitter account.

HOW WE USE YOUR PERSONAL INFORMATION

  1. We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

  1. When you sign up, please take the time to read and check your order at each page of the order process.
  2. After you place an order, we will confirm our acceptance to you by sending you an email that confirms that your Membership is active (“Purchase Confirmation”). The Contract between us will only be formed when we send you the Purchase Confirmation.

OUR RIGHT TO VARY THESE TERMS

  1. We may revise these Terms from time to time including but not limited to: 
    1. changes in how we accept payment from you; 
    2. the process of how the contract is formed;
    3. prices and terms of any subscription you may have with us; and
    4. changes in relevant laws and regulatory requirements.
  2. Every time you purchase a Membership from us, the Terms in force at that time will apply to the Contract between you and us.
  3. Whenever we revise these Terms in accordance with this clause, we will amend the relevant date at the top of this page.
  4. We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. You may ask for any variations from these Terms to be confirmed in writing.

MISUSE OF MEMBERSHIPS

  1. We reserve the right to be exercised at our absolute discretion to terminate your Membership and to close your Account if we reasonably believe you have done any of the following things:
    1. Deliberately made a false statement to us or our Customers regarding the purchase of Memberships;
    2. Attempted to re-sell your Membership;
    3. Acted in an inappropriate or disrespectful manner towards any of our employees or Customers either in person, or via email or chat forums.
    4. Share or resell selections posted by Racingjackk.

YOUR CANCELLATION AND REFUND RIGHTS

  1. The Consumer Contracts Regulations 2013 provide for a 14 (fourteen) calendar day cooling-off period during which you can change your mind about a purchase and receive a refund of any payments you have already made. However, as Racingjackk is a digital service and access to the content and features is made available immediately on purchase, once you have been sent a Purchase Confirmation you cannot change your mind. When you agree to purchase a Racingjackk subscription you lose your right to receive a refund for such purchase. This does not affect your right to terminate your subscription under clause 4 of the SUBSCRIPTION section of these Terms.
  2. You are also not entitled to receive a refund for any Memberships that you have purchased.
  3. To end your Contract, please visit the My Account section of Racingjackk.com and select the option to Cancel Membership. Failing this, please contact us via one of the methods listed in the Contact Us section of our website.
  4. As a consumer, you will always have legal rights in relation to Products for example if they are not as described. These legal rights are not affected by anything in these Terms.

OUR LIABILITY

  1. If we fail to comply with these Terms, we are not responsible for any loss or damage.
  2. Racingjackk Memberships are sold to you on the basis that you are a consumer. You agree not to use Memberships for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  3. We do not in any way exclude or limit our liability for:
    1. death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation.

EVENTS OUTSIDE OUR CONTROL

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in the clause below. 
  2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
    1. we will contact you as soon as reasonably possible to notify you; and
    2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

COMMUNICATIONS BETWEEN US

  1. When we refer, in these Terms, to “in writing”, this will include email.
  2. If you wish to contact us in writing, please see the Contact Us section of our website. 
  3. If you are exercising your right to cancel under clause, please see that clause for how to tell us this.
  4. If we have to contact you or give you notice in writing, we will do so by email to the address you provided to us in your order.

OTHER IMPORTANT TERMS

  1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. 
  2. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
  3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 
  5. Please note that these Terms are governed by English law. This means a Contract for the purchase of Racingjackk Memberships through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.