These terms and conditions are to be read in conjunction with the Turf Online Subscription ("Subscription") to which they relate (together the "Agreement").

Definitions

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;

Turf Online will

1. allow the Subscriber to access the Services; and
2. automatically charge all fees for the Services to the Subscriber's credit card. Monthly fees charged to the Subscriber's credit card will commence on the date of subscribing to the Services.

Turf Online reserves the right at all times to

1. immediately suspend the Subscriber's access to the Services without notice, where Turf Online is of the opinion that the Subscriber has breached any of the terms contained in this Agreement or that such action is appropriate, desirable or necessary in the reasonable opinion of Turf Online;
2. amend the Fees or introduce new fees or amend any of the terms and conditions of this Agreement which amendments shall be notified to the Subscriber by posting them on-line and which shall take effect 7 days after any such posting is made.
3. add to or remove Content comprising the Services

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.

The Subscriber agrees that

1. the Subscriber will pay all Fees due to Turf Online in accordance with the terms of this Agreement;
2. the Subscriber will not reproduce, distribute, publish, copy, download, transmit or otherwise exploit any Content which is protected by copyright or other intellectual property or similar rights
3. the Subscriber will not hack, break into, access, use or attempt to hack, break into, access or use any other parts of Turf Online's servers, its Content and/or any data areas for which the Subscriber has not been authorised by Turf Online;
4. the Subscriber shall not assign, transfer or sub-license all or any part of it's rights or obligations under this Agreement; and
5. ithe Subscriber hereby consents to Turf Online using any personal data supplied in connection with this Agreement for Turf Online's own internal and direct marketing purposes, to Turf Online supplying such personal data to any other companies in its group or selected third parties to use for such purposes and to Turf Online supplying such personal data to such third parties as may be necessary for the operation of the Services unless written notice to the contrary has been received by Turf Online.

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

1. the Subscriber's use of the Services and any other person's use of the Services where such person was able to access the Services by using the Login ID and Password; and
2. any breach or non-observance of any term of this Agreement by the Subscriber or any other person where such person was able to access the Services by using the Subscriber’s Login ID and Password.

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

1. any damage to or loss of data suffered by the Subscriber arising from the Subscriber's use of the Services;
2. any claim based in contract, tort, or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not which the Subscriber suffers as a result of the Subscriber's use of the Services;
3. any claim relating to goods or services supplied, provided, sold or made available by or through the Services; and
4. any disruption or suspension of the Services or any part thereof which is attributable to an event or circumstance beyond Turf Online's control.

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

1. all licences and other rights and privileges granted to the Subscriber under the terms of this Agreement shall forthwith cease; and
2. the Subscriber will not be entitled to a refund of any Fees on the termination of this Agreement unless specified otherwise herein.

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.