|PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS CAREFULLY. YOU MAY NOT USE OR ACCESS TURF ONLINE SERVICES
UNLESS YOU AGREE TO BE BOUND BY THEM BY CLICKING ON THE "AGREE"
BOX ON THE DECLARATION FOLLOWING THESE TERMS AND CONDITIONS.
These terms and conditions are to be read in conjunction with the Turf Online Subscription ("Subscription") to which they relate (together the "Agreement").
In these terms and conditions, the following terms shall have the following meanings:
"Turf Online" means the website operated by Fairway Communications, its successors and assigns;
"Services" means any premium services designated as such by Turf Online from time to time which the Subscriber wishes to access via the Internet and/or the World Wide Web; and "Subscriber" means the person described under "Subscriber Details" on the Subscription Form.
"Content" includes without limitation any content, software, data, information, messages and all textual, audio, video, still image, graphical and other content or material that can be accessed by or through the Services;
"Login ID and Password" means any unique personal identifiers issued by Turf Online to the Subscriber for gaining access to the Services;
"Fees" means any subscription fee which is payable by the Subscriber associated with the Subscriber's use and/or access to the Services together with such other connect time charges, access fees and other fees and charges as may be charged by Turf Online from time to time, and whether or not as agent, for the Subscriber's use and/or access to the Services (and any other person's use and/or access to the Services where such person was able to access the Services by using the Login ID and Password) and/or the on-line delivery of Content;
1. Turf Online’s Responsibilities
Turf Online will
Turf Online reserves the right at all times to
If Turf Online not able to provide the Services for any reason, and the Subscriber has a current subscription for access to those Services then Turf Online will refund to the Subscriber, on a pro-rata basis, the proportion of any Fees already paid by the Subscriber to Turf Online in respect of the unexpired portion of the subscription period for those Services to which the Subscriber has subscribed. Any such refund shall be made by Turf Online to the Subscriber within a reasonable period after the effective date of termination of the agreement between Turf Online and the Subscriber concerned.
2. Subscriber's Responsibilities
The Subscriber agrees that
The Subscriber hereby agrees to indemnify and to keep Turf Online fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Turf Online arising from or which is directly or indirectly related to
3. Warranties & Liability
Turf Online disclaims any representation, warranty or responsibility in relation to the operation or quality of the Services, that the Services will be uninterrupted or error free, the results to be obtained from use of the Services, any Content, goods or services which may be offered by Content Providers and, to the extent permitted by law, Turf Online expressly disclaims any warranties whether express or implied as to the title, fitness for a particular purpose, merchantability or standard of quality of the Services or any Content, goods or services available by or through the Services.
Turf Online disclaims any liability for
Turf Online's liability under this Agreement shall in any event not exceed the total Fees paid by the Subscriber to Turf Online for the immediately preceding twelve months prior to any incident giving rise to a claim.
4. Termination and Effect
Either party may terminate this Agreement at any time on the giving of one month's prior notice to the other.
Turf Online may terminate this Agreement forthwith at any time by notice to the Subscriber if the Subscriber breaches any term of this Agreement or if the Subscriber's use of or actions in connection with the Services are inappropriate in the reasonable opinion of Turf Online.
Upon the effective date of termination of this Agreement
If any provision of this Agreement becomes or is declared illegal, unenforceable or invalid for any reason, such provision shall be deemed to be deleted from this Agreement.
No failure or delay on the part of Turf Online to exercise any right or remedy under this Agreement shall be construed or operate as a waiver thereof nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy as the case may be.