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Sandform.com Terms and Conditions
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The
Private Lay Service
1.
Sandform.com provide information solely for your own personal use, and
that the client enters into a financial agreement on by taking up this
service that the client will pay Sandform.com a one-off lifetime joining
fee of £50.00(subject to item 1.2) which is non refundable subject to item
6, followed by commission, based on a percentage every time you, 'the
client' reach a set level of profit on the information provided by us,
namely Sandform.com.
1.1 The client agrees that upon reaching over and above a
profit level of £500 the client will pay a 10% commission to Sandform.com for receipt of information resulting in the £500 (over and
above) profit level being reached.
1.2
Sandform.com reserve the right to charge a joining fee in
any event such as a client’s membership being previously cancelled due
to outstanding commission owed to Sandform.com for information provided.
1.3
With effect from 1st September 2007 under
Gambling Commission regulation and guidelines, all gaming and gambling
debts are recoverable in a court under English law.
Illegal Acts
2.
The client agrees to co-operate with any security measures or checks
imposed towards establishing this premise.
2.1
It is an offence to use a false identity or knowingly use
an invalid credit card to order. Any person caught deliberately
providing erroneous information to secure membership to Sandform.com
will be prosecuted accordingly under English law.
2.2
Sandform.com electronically track ‘fingerprints’ of each membership
received to assist legitimate crime prevention and/or prosecution
authorities in the event of a client’s fraudulent misuse of our website.
3.
Any infraction of these conditions may be met with suspension or removal
from the Sandform.com service without compensation.
4.
All fees once paid are non-refundable, subject to item 6.
5.
The sale is deemed to have taken place in the United Kingdom and shall
be governed by English law.
Cancellations
6.
The sale is in accordance with English law and the statutory rights of
an English consumer apply. This is in addition to your normal statutory
rights and covers the return of goods, refunds and cancellations. In
the case where a cancellation is received in accordance with the above,
a confirmation letter from the client must be sent to Sandform.com at
our published address, before being deemed as fully cancelled.
Limitation of Liability
7.
Sandform.com accept no responsibility whatsoever for legalities specific
to countries outside the United Kingdom in respect of the type of
service we are offering and in all cases without exception it is the
responsibility in absolute of the applicant/member to establish full
compliance with prevailing law.
8.
The
client agrees to pay all commission due within 24 hours.
Debt Recovery
9.
If the
client does not pay all commission due within the set time scale laid
out in item (8) the client will subsequently be sent 3 letters to remind
them that their account payment is due to us, namely Sandform.com. If
the client at the time of receiving all 3 letters has still not paid
their commission due to Sandform.com, then only at this time will we
pass the debt onto our Collection Department who will take steps to
recover the debt. This will incur further charges which will be added to
the debt on a daily rate under English law.
9.1 In the event of non-payment of commission due,
Sandform.com reserve the right to take legal action to recover the debt.
We have appointed Jordans Solicitors, Woolpack’s Yard, Wakefield, WF1
2SG to act on our behalf in this respect.
The
Service Offered
10. The service offered is internet based.
10.1 You will receive an email from Sandform.com with all your
membership details once you have paid the joining fee. This will be your
personal access to the service. You will also receive instructions on
how to use the service.
Using
the Service
11. In order to use the service to make profits you will need
to login every day.
11.1 You will receive an email alert from Sandform.com advising
you to login to your account to receive the information.
11.2
We take no responsibility for the correctness of your email
address or guarantee delivery.
11.3 The members’ page will display the type of bet and the
recommended points stake.
Sandform.com offers you ongoing information.
Following the information as instructed, it is a service that will help
you to win. Ensure you have read our entire site. Betting on a
racehorse is a gamble, there is no guarantee you will win, but our
scheme has consistently provided a winning formula as documented on our
website at http://www.sandform.com
The Dutching Service
1 Definitions and Interpretation
1.1 In these terms and conditions the following words or expressions
shall have the following meanings attributed to them unless there is
something in the subject or context inconsistent therewith and save to
the extent otherwise specified:-
"Conditions" means the Standard Terms and Conditions set out in this
document and governing the provision of Sandform Dutching's service to
Subscribers.
"Contract" means the contract for the provision of Sandform Dutching
Service.
"Information Provider" means a person with whom Sandform Dutching has an
arrangement to supply information for inclusion in the service.
"Sandform Dutching” means Sandform Dutching. And having a place of
business at PO Box 19, Flockton, Wakefield, WF1 9EE.
"Subscription Period" means the period of weeks, months, year, or such
other period as may be quoted by Sandform Dutching and accepted by the
Member at the point of subscribing for the Service and receiving and
utilising the Subscriber Identity.
"Service(s)" and mean, the provision of horse racing/sporting
"Selections" information and tips via telephone, internet, SMS text
message or any other such means of delivery.
"Service Commencement” means the date and time Sandform Dutching advises
the “Date Subscriber” that the services are available (by means of the
issue of the subscriber identity).
"Subscriber" and/or means a person at whose application Sandform
Dutching "Member" provides services under this Contract and by whom the
applicable charges are payable.
"Subscriber Identity" means the individual access numbers allocated to
the Subscriber by Sandform Dutching for the purposes of accessing the
relevant Service.
1.2 The Contract governs the provision of Sandform Dutching's Service
to the Subscriber to the exclusion of all other written or verbal
representations, statements, understandings, negotiations, proposals or
agreements.
2 Duration
This Contract shall come into effect on the Service commencement date
and shall continue thereafter for the subscription period unless earlier
terminated pursuant to Condition [7] (Termination).
3 Provision of Sandform Dutching Service
3.1 Sandform Dutching shall provide the service to the subscriber
throughout the subscription period. The service is not fault free and
subscribers shall be entitled only to the quality of service provided by
Sandform Dutching from time to time for its customers generally.
Sandform Dutching will use all reasonable endeavours to maintain the
Service but, save in the circumstances referred to at condition 3.4
Subscribers will not be eligible for any compensation because they
cannot use the service or because of a failure, suspension or withdrawal
of all or any part of the service. Sandform Dutching reserves the
right to suspend or cancel service at its sole discretion in the event
that a subscriber does not fulfill his obligations under this agreement.
3.2 Selections are provided by way of the Sandform Dutching website,
using the Member’s unique username and password issued at the
commencement of Membership. Sandform Dutching will exercise all
reasonable care and skill to provide subscribers with a quality service
and for that purpose to select and use information providers (having a
quality track record in the provision of Selections) but in subscribing
to the service, members accept and acknowledge that Selections cannot be
guaranteed and that members subscribe entirely at their own risk with no
refund being payable other than in accordance with and for the reasons
stated in Condition 3.4 (Refunds).
3.3 Sandform Dutching will procure the provision by its information
providers of regular selections during the subscription period and for
that purpose:-
3.3.1 At least one selection will be given per subscription period;
3.3.2 Recognising the time sensitive nature of selections provided by
its Information Providers, Sandform Dutching will use all reasonable
endeavours to enable members to place a bet at the most advantageous
price; nonetheless neither Sandform Dutching nor its information
provider(s) shall be held responsible if the price of the selection
falls due to heavy backing.
3.4 In the event that Sandform Dutching fails to procure a minimum of
one selection per subscription Period or if, for a period exceeding
twelve consecutive days, a member is unable to access the service as a
result of a technical failure either by the network operator or the
service provider, then the Member will be entitled to a refund on the
remaining part of the subscription period. Applications for a refund
must be made in writing to (Racing Manager, Sandform Dutching, PO Box
19, Flockton, Wakefield, WF1 9EE. Where a refund is properly due under
these Conditions Sandform Dutching will procure its payment within 4
weeks.
4 Charges for Service
As specified at time of subscription and pursuant to current charges
displayed at any given time.
5 Members’ Use of the Service
5.1 A subscriber will be entitled to unlimited access to the members’
area. The subscriber must be aware that their IP address is tracked to
safeguard fraudulent access to the members’ area.
5.2 Subscribers acknowledge and agree that it is not in the interests of
subscribers that selections should become available to any person(s) who
has not subscribed to the service as this could have a detrimental
effect on the price available. Accordingly:-
5.2.1 Subscribers must not provide or otherwise make available any
selection(s) to non member third parties;
5.2.2 Subscribers may not allow other persons to use such subscriber's
identity.
5.3 Sandform Dutching attaches the utmost importance to the protection
and enforcement of the legal rights to which Sandform Dutching and its
information providers, as the case may be, are entitled as regards the
confidentiality, copyright and other proprietary rights comprised within
or otherwise arising in the course of the provision of the service and
selections. Accordingly it is a fundamental condition of receiving the
service (the breach of which will entitle Sandform Dutching to take the
steps referred to at paragraph (7), that subscribers acknowledge and
agree:-
5.3.1 The service and selections are made available for use solely by
each individual subscriber alone in placing bets;
5.3.2 The subscriber shall not do nor permit any other person to do any
act which would infringe any copyright in the selections or other
information obtained through accessing the service or the use of the
subscriber's Identity; more particularly no part of such service may be
copied or incorporated into any other work or materials or resold;
5.3.3 Subscribers shall not retain any part of the service or any
selection(s) or information for re-use in any computer system or
database.
5.4 Any failure by the subscriber to comply with the provisions of this
Condition shall be a fundamental breach of the contract entitling
Sandform Dutching to:-
5.4.1 Terminate the contract and the provision of the service(s)
forthwith (without notice); and without recompense.
5.4.2 Forthwith seek to recover all and any loss or damage which
Sandform Dutching or its information provider may have sustained as a
result of such failure or breach by the subscriber or any person to whom
selections or other information forming part of the service, may have
been passed by the subscriber in breach of the contract.
5.5 The subscriber shall indemnify, defend and hold harmless Sandform
Dutching and its information providers in full against all losses,
costs, damages, charges, expenses and other liabilities incurred by or
awarded against Sandform Dutching or any of its information providers as
a result of or in connection with any breach of this Condition by the
subscriber.
6 Limitation of Liability
6.1 Sandform Dutching has no obligation, duty or liability in contract,
delict or breach of statutory duty or otherwise beyond that of a duty to
exercise reasonable skill and care.
6.2 Sandform Dutching does not exclude or restrict liability for death
or personal injury resulting from its own negligence.
6.3 Sandform Dutching shall not be liable in contract, delict (including
negligence or breach of statutory duty) or otherwise for loss of
profits, business or anticipated savings or for any indirect or
consequential loss whatsoever.
7 Terminations
7.1 Without prejudice to its other rights and remedies, Sandform
Dutching may terminate the contract forthwith and without notice:
7.1.1 In the circumstances detailed at condition (5) (Breach of
Copyright Etc.;
7.1.2 If the subscriber fails to pay the subscription charges or is
otherwise in material breach of this contract and in the case of a
remedial breach fails to remedy the breach within twenty four hours of
receiving notice to that effect from Sandform Dutching;
7.1.3 If the subscriber becomes insolvent or is sequestrated or should a
liquidator or receiver be appointed to all or any part of the assets of
the subscriber or should the subscriber grant a trust deed for and on
behalf of creditors.
7.1.4 If the subscriber publishes, posts, voices, or otherwise makes
available any derogatory, defamatory or malicious statement regarding,
or directed at, the company and/or its service providers.
7.2 By notice - in the case of Sandform Dutching by at least seven days
notice; in the case of the subscriber, only on written request detailing
reasons for request of termination | 
