This page (together with the documents referred to on it) tells You the terms of use on
which You may make use of Our website www.tipstar.co.uk (Our Site), whether as a guest or a
registered user. Please read these terms of use carefully before You start to use Our Site.
By using Our Site, You indicate that You accept these terms of use and that You agree to
abide by them. If You do not agree to these terms of use, please refrain from using Our Site.
- 1. Information about Us
www.tipstar.co.uk is a site operated by Tipstar Limited (We, Us or Our). We are registered in England and Wales under company number 06406460 and have Our registered office at 12 Woodlands, Darras Hall, Newcastle upon Tyne, NE20 9EU. (Our registered office is our trading address). Our VAT number is 972 1540 24.
- 2. Accessing Our Site
- 2.1 Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on Our Site without notice. We will not be liable if for any reason Our Site is unavailable at any time or for any period.
- 2.2 From time to time, We may restrict access to some parts of Our Site, or Our entire Site, to users whether or not registered with Us.
- 2.3 If You choose, or You are provided with, a user identification name, password or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our opinion You have failed to comply with any of the provisions of these terms of use.
- 2.4 You are responsible for making all arrangements necessary for You to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through Your internet connection are aware of these terms, and that they comply with them.
- 2.5 Our Site is available for use throughout England, Scotland, Northern Ireland and Ireland and Wales only.
- 2.6 Our Site is only available to persons over the age of 18. We are not responsible or liable for the access and/or use of Our Site by any person under the age of 18.
- 3. Intellectual property rights
- 3.1 We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 3.2 You may print off one copy, and may download extracts, of any page(s) from Our Site for Your personal reference and You may draw the attention of others to material posted on Our Site.
- 3.3 You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- 3.4 Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.
- 3.5 You must not use any part of the materials on Our Site for commercial purposes without obtaining a licence to do so from Us or Our licensors.
- 3.6 If You print off, copy or download any part of Our Site in breach of these terms of use, Your right to use Our Site will cease immediately and You must, at our option, return or destroy any copies of the materials You have made.
- 4. Our Site changes regularly
- 4.1 Due to the nature of Our Site, we will update Our Site regularly, and will change the content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely.
- 4.2 Updated content is supplied to Our Site by third party suppliers.
- 5. Reliance on information posted
Any reliance place by You on commentary and other materials posted on Our Site is solely at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to Our Site, or by anyone who may be informed of any of its contents.
- 6. Our liability
- 6.1 The material displayed on Our Site is provided without any guarantees as to its accuracy. To the extent permitted by law, We and Our third party suppliers hereby expressly exclude:
- 6.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- 6.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- 6.1.2.1 loss of income or revenue;
- 6.1.2.2 loss of business;
- 6.1.2.3 loss of profits or contracts;
- 6.1.2.4 loss of anticipated savings;
- 6.1.2.5 loss of data;
- 6.1.2.6 loss of goodwill;
- 6.1.2.7 wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- 6.2 This does not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
- 7. Information about You and Your visits to Our Site
We process information about You in accordance with Our privacy policy [insert as link to site's privacy policy]. By using Our Site, you consent to such processing and You warrant that all data provided by You is accurate.
- 8. Information shared through Our Site
- 8.1 Predictions on the likely outcome, score, performance of any sporting team, sportsperson or sporting event (Predictions) can be supplied to Our Site for sale by any person who visits Our Site at any time, subject to registration.
- 8.2 Any registered user of Our Site supplying Predictions will be defined in these terms of use as a Tipster.
- 8.3 Predictions on the likely outcome, score or performance of any sporting team, sports person or sporting event can be purchased by any person who visits Our Site at any time, subject to registration.
- 8.4 Any registered user of Our Site purchasing Predictions will be defined in these terms of use as a Purchaser.
- 8.5 General views or comments on the likely or actual outcome, score or performance of any sporting team, sports person or sporting event (Comments) can be supplied to Our Site by any person who visits Our Site at any time, subject to registration.
- 8.6 Any registered user of Our Site placing views or Comments on Our Site will be defined in these terms of use as a Commentator.
- 9. Predictions provided by Tipsters
- 9.1 To protect anonymity, a Tipster will be known to the users of Our Site only by a user identification code, which will be selected by the Tipster on completion of the registration form. Any chosen user identification code must comply with Our content standards set out at clause 17 below (Content Standards).
- 9.2 A Purchaser may also search for a particular Tipster by entering the Tipster's email address (if known) into the search engine provided on Our Site.
- 9.3 Predictions provided by the Tipsters will be securely contained on Our Site. In order to purchase access to a Tipster's Predictions, a Purchaser requests access and provides payment of the appropriate fee (Fee) for such access. Predictions will not be released until payment of the Fee has been processed.
- 9.4 There is no word count or limitation on the Prediction provided by the Tipster.
- 9.5 The Tipster may supply a Prediction in respect of multiple or single sporting teams, sports persons or sporting events.
- 9.6 We are not responsible for the success or otherwise of Predictions supplied by the Tipster and We are not liable for the content or accuracy of the Predictions. We are under no obligation to monitor, moderate or oversee the Predictions supplied by the Tipster, except where the Prediction does not comply with Our Content Standards as set out in clause 17 or constitutes a Prohibited Use as set out in clause 16, in which case We will act in accordance with clause 18.
- 9.7 Tipsters will be given access to a facility which allows them to compare their success against the success of other Tipsters.
- 10. Predictions purchased by the Purchaser
- 10.1 The Fee for the supply of access to a Tipster's Predictions by a Tipster to a Purchaser will be calculated by reference to the allocation of points awarded to a Tipster to reflect the success of that Tipster's Predictions. The Fee will be displayed on Our Site in a league-table format with the most successful Tipster commanding the highest Fee. Predictions supplied by a Tipster who has not previously supplied a Prediction will command a lower Fee.
- 10.2 The purchase of access to a Tipster's Predictions will provide a Purchaser with access to the selected Tipster's Predictions for 7 days from the day on which payment of the Fee is processed in accordance with clause 9.3 (Period). After the Period has expired, the Purchaser will continue to access the Predictions previously accessed by it in the Period, but will be required to pay an additional Fee for additional access to Predictions made by the Tipster after the Period.
- 10.3 The supply of Predictions is made available for the private use of the Purchaser only.
- 10.4 The Purchaser is not permitted to share, distribute, publicise or promote the Prediction to any other person or third parties.
- 10.5 Predictions are made available on Our Site for the purpose of providing market intelligence to Purchasers in order to place a sporting bet. The Predictions are not made available for any other purpose and We will have no liability whatsoever in respect of any use of a Prediction whatsoever.
- 10.6 There is no limitation on the amount of requests for access to Predictions a Purchaser may make. Each request for access will incur a separate Fee.
- 10.7 There is no limitation on the number of Tipsters from whom the Purchaser may request access to Predictions.
- 11. Comments made by a Commentator
- 11.1 Commentators must register on Our Site in order to make Comments on any part of Our Site.
- 11.2 Comments can be made and viewed with no charge.
- 11.3 There is no word count or limitation on the Comment, however the Comment must comply with Our Content Standards and cannot constitute a Prohibited Use.
- 11.4 We are not responsible or liable for the Comments made by Commentators and are under no obligation to monitor, moderate or oversee the Comments except where the Comment does not comply with Our Content Standards as set out in clause 17 constitutes a Prohibited Use as set out in clause 16, in which case we will act in accordance with clause 18.
- 12. Charges and Payment
- 12.1 When a request for access to Predictions is received, We will proceed to process payment of the Fee from the Purchaser through Our bank account.
- 12.2 A Tipster is entitled to 70% of the total payment received for access to Predictions for a Period from a Purchaser. We will retain the remaining 30% of the total of payment received as commission.
- 12.3 When a Tipster has accrued a minimum of £25 from the sale of access to Predictions, payment will be made into the Tipsters bank account, using the Tipster's bank account details provided to Us by the Tipster.
- 12.4 Payments will be made on a monthly basis. In the event that a Tipster has accrued less than £25 from the sale of access to Predictions in any one month, the amount earned will be carried over into the next month.
- 13. SMS Service
- 13.1 We may offer Tipsters, Purchasers, Commentators or any other user of Our Site (Users) the option to subscribe to an SMS service (SMS Service) to receive updated information on sporting events by text message, from time to time.
- 13.2 If so, Users may subscribe to the SMS Service via Our Site. Users will be able to choose the content and regularity of the text messages by ticking the relevant boxes on this section of Our Site.
- 13.3 All users will be charged at a rate of 25p per message received or such other rate of which We will notify You from time to time. Charges will appear on the User's telephone bill.
- 13.4 The SMS Service may be cancelled by the User at any time by texting "STOP" to the service provider or by unsubscribing via Our Site.
- 14. Competitions
- 14.1 We will operate from time to time through Our Site a competition for Tipsters (Competition) and a free prize draw for all Users (Prize Draw), as decided by Us at Our sole discretion.
- 14.2 The Competition will be operated on the following basis:
- 14.2.1 in accordance with clause 10.1, points will be awarded by Us to all Tipsters in accordance with the success of their Predictions (Points);
- 14.2.2 Tipsters will be entered onto a leader board ranked in order of Points from highest to lowest (Leader Board);
- 14.2.3 at a time to be determined by Us, the Tipster at the top of the Leader Board will be awarded a cash prize, the amount of which will be at Our absolute discretion (Cash Prize);
- 14.2.4 the winning Tipster (Winner) will be notified by email and the Cash Prize will be paid directly into the Winner's bank account using the bank account details provided;
- 14.2.5 the Winner will be announced on Our Site only if they have given prior consent for us to do so.
- 14.3 [The Prize Draw will be operated on the following basis:
- 14.3.1 the Prize Draw will be available to all Users of Our Site;
- 14.3.2 Users will be required to register their details onto Our Site in order to be entered in the Prize Draw;
- 14.3.3 Users are limited to one entry per month into the Prize Draw.
- 14.3.4 the winner of the Prize Draw will be notified by email. The winner will be announced on Our Site only if they have given prior consent for us to do so.
- 15. Uploading Material to Our Site
- 15.1 Whenever You make use of a feature that allows You to upload material to Our Site, or to make contact with other users of Our Site, You must comply with Our Content Standards and will not undertake a prohibited use (as set out at clause 16 below) (Prohibited Use). You warrant that any such contribution complies with Content Standards and is not a Prohibited Use, and You shall indemnify Us and keep Us indemnified against all costs, claims demands, liabilities, expenses, damages and losses arising out of or in connection with any breach of that warranty.
- 15.2 Any material You upload to Our Site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose Your identity to any third party who is claiming that any material posted or uploaded by You to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
- 15.3 We have the right to remove any material or posting You make on Our Site if, in Our opinion, such material does not comply with the Content Standards and/or constitutes a Prohibited Use.
- 16. Prohibited Uses
- 16.1 You may use Our Site only for lawful purposes. You may not use Our Site:
- 16.1.1 in any way that breaches any applicable local, national or international law or regulation;
- 16.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- 16.1.3 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards;
- 16.1.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- 16.1.5 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- 16.2 You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
- 16.3 By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, Your right to use Our Site will cease immediately.
- 16.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to Your use of Our Site or to Your downloading of any material posted on it, or on any website linked to it.
- 16.5 You also agree:
- 16.5.1 not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of the provisions of Our terms of website use;
- 16.5.2 not to access without authority, interfere with, damage or disrupt:
- 16.5.2.1 any part of Our Site;
- 16.5.2.2 any equipment or network on which Our Site is stored;
- 16.5.2.3 any software used in the provision of Our Site; or
- 16.5.2.4 any equipment or network or software owned or used by any third party.
- 17. Content standards
- 17.1 These Content Standards apply to all and any material placed on Our Site by any Purchaser, Tipster or Commentator (Contribution).
- 17.2 You must comply with the spirit of the following standards as well as the letter. The Content Standards apply to each part of any Contribution as well as to its whole.
- 17.3 Contributions must:
- 17.3.1 be accurate;
- 17.3.2 be genuinely held (where they state opinions);
- 17.3.3 comply with applicable law in England and Wales and in any country from which they are posted.
- 17.4 Contributions must not:
- 17.4.1 contain any material which is defamatory of any person;
- 17.4.2 contain any material which is obscene, offensive, hateful or inflammatory;
- 17.4.3 promote sexually explicit material;
- 17.4.4 promote violence;
- 17.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- 17.4.6 infringe any copyright, database right or trademark of any other person;
- 17.4.7 be likely to deceive any person;
- 17.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- 17.4.9 promote any illegal activity;
- 17.4.10 be harassing or threatening, abuse or invade another's privacy, or cause inconvenience or needless anxiety;
- 17.4.11 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- 17.4.12 give the impression that they emanate from Us, if this is not the case.
- 17.5 We will not be responsible as author, editor or publisher of any Contribution and We expressly exclude Our liability for any loss or damage arising from use of any Contribution made by any person.
- 18. Suspension and termination
- 18.1 We will, determine, in Our discretion, whether there has been a breach of these provisions through Your use of Our Site or the SMS Service. When a breach of these provisions has occurred, We may take such action as We deem appropriate.
- 18.2 Failure to comply with these terms of use constitutes a material breach and may result in Our taking all or any of the following actions:
- 18.2.1 immediate, temporary or permanent withdrawal of Your right to use Our Site and/or SMS Service;
- 18.2.2 immediate, temporary or permanent removal of any posting or material uploaded by You to Our Site;
- 18.2.3 issue of a warning to You;
- 18.2.4 legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- 18.2.5 further legal action against You;
- 18.2.6 disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
- 18.3 We exclude liability for actions taken in response to breaches of these terms of use. The responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate.
- 19. Copyright
By submitting a contribution to the Website, You agree to grant Us a non-exclusive licence to use that Contribution. Although you still own the copyright in Your Contribution, We will have the right to freely use, edit, alter, reproduce, publish and/or distribute the whole or any part of Your Contribution. Your Contribution must not infringe any copyright, database right, trademark or any other intellectual property right of any other person and You shall indemnity and keep Us indemnified against any claim or any associated costs, expenses or otherwise brought against or claimed from Us as a result of Your breach of this clause.
- 20. Linking to Our Site
- 20.1 You may link to Our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
- 20.2 You must not establish a link from any website that is not owned by You.
- 20.3 We reserve the right to withdraw linking permission without notice. The website from which You are linking must comply in all respects with Our Content Standards.
- 20.4 If You wish to make any use of material on Our Site other than that set out above, please address Your request to rob@tipstar.co.uk.
- 21. Links from Our Site
- 21.1 Where Our Site contains links to other sites and resources provided by third parties, these links are provided for Your information only. We have no control over the contents of those sites and accept no responsibility or liability for them.
- 21.2 Sporting bets cannot be placed on Our Site. In order to place a sporting bet, you must follow the links to other sites provided by third parties.
- 22. Jurisdiction and applicable law
- 22.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site although We retain the right to bring proceedings against You for breach of these conditions in Your country of residence or any other relevant country.
- 22.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- 23. Trademarks
TIPSTAR is a registered trademark of Tipstar Limited.
- 24. Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We make, as they are binding on You. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on Our Site.
- 25. Force Majeure
We have no liability to any user of Our Site if the user is prevented from, or delayed in accessing the Site by acts, events, omissions or accidents beyond its reasonable control including (without limitation) strikes, lock-outs or other industrial disputes, failure of a utility service, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, fire, flood, storm or default of suppliers or subcontractors.
- 26. Your concerns
If you have any concerns about material which appears on our site, please contact rob@tipstar.co.uk.
- 27. Advertising
Some advertisements on our site are provided by other organisations. Our advertising partners may serve ads that they believe are most likely to be of interest to you, based on information about your visit to this and other websites (this information is anonymous in that it does not include your name, street address, email address or telephone number). In order to do this, our advertising partners may need to place a cookie on your computer. For more information about this type of online behavioural advertising and about cookies please visit www.youronlinechoices.com.
Thank you for visiting Our Site.