Terms and Conditions

Galaxyhorseracing.com Terms & Conditions

  1. Introduction
  • 1 Definitions

 

“Site” means the online platform www.galaxyhorseracing.com through which the Service is provided.

 

“Service” means the providing of estimate forecasts on the outcome of sporting events on an online platform in exchange for subscription fees.

 

“User/Client” means the Person or Entity who subscribes for the Company’s Service and accepts the obligations under these Terms and Conditions.

 

“Company” means Ice Pearl Limited registered in Ireland under Company number 563425, the owner of Galaxyhorseracing.com.

 

“Contract” means the contract for the supply of the Service by the Company to the Client in return for the fees payable in accordance with these Terms and Conditions.

 

“Intellectual Property” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 

  • 1.Galaxyhorseracing.com is a website address of the Company. Access to the Site and the Service are offered to you upon condition of your acceptance without modification of the Terms and Conditions below. By viewing and using the Site you are deemed to consent to and accept the Terms and Conditions. Please therefore read this contract carefully as it sets out your rights and obligations with respect to the use of the Site and the Service.

 

  • 2.By using the Service offered by Galaxyhorseracing.com, you ("the User") are deemed to warrant that you are 18 years or over. The Site is intended for Adults aged 18 and over. User’s under 18 years old are prohibited from using the Site for any purpose.

 

  1. General

 

  • 1 The Company shall have the right at any time to change or modify the Terms and Conditions applicable to the User’s use of Galaxyhorseracing.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use.

 

  • 2 The Company reserves the right to modify the Terms and Conditions at any time and at its sole discretion and without notice to you. It is the responsibility of the User to regularly review the Terms & Conditions for modifications. By continuing to use the Services, the User agrees to be bound by the amended Terms & Conditions.

 

  • 3 Access to certain areas of the site may require the User to open an account with Galaxyhorseracing.com. The User is entirely responsible for maintaining the confidentiality of the User's passwords and accounts, and for any and all activities which occur under the User's accounts or passwords. The User agrees to immediately notify the Company of any unauthorised use of the User's accounts, passwords, or any other breaches of security known to the User. The Company shall not be liable for any loss that the User may incur as a result of someone else using or accessing the User's passwords or accounts, either with or without the User's knowledge. However, the User may be held liable for losses incurred by the Company or any other party as a result of someone else using or accessing the User's passwords or accounts. The User will not use anyone else's accounts at any time without the permission of the account holder. The User may change his/her passwords or profile by following instructions on the Site.

 

 

  • 4 The Company reserves the right to require you to change your user name for any reason.

 

  • 5 The Company reserves the right to alter the Service (Galaxyhorseracing.com website pages) at any time including content, hours of use, media platform as well as equipment needed to access the Service.

 

  • 6 If you experience any difficulties while attempting to access the Service, pleasecontact us.

 

  1. Licence & Rights

 

  • 1 The Intellectual Property in all design, text, graphics and other material and the selection or arrangement of such material on the Site and in respect the Service is owned by the Company and/or our respective licensors.

 

  • 2 The User may not copy, modify, reproduce, republish, transmit, distribute, or in any way exploit, any of the content of Galaxyhorseracing.com, in whole or in part, without the express written permission of the Company. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice or any other Intellectual Property rights shall be made. The User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. All other rights are reserved by the Company.

 

  1. Warranties & Liabilities

 

  • 1 The Company provides the Service on an "as is" and "as available" basis, and the User uses the Site at his/her sole risk.
  • 2 The Company makes no warranty that the Site will meet the User's requirements; nor that the Site will be uninterrupted, timely, secure, or error free; nor does the Company make any warranty as to the results that may be obtained from the use of the Site; nor as to the accuracy or reliability of any information obtained through the Site; nor that defects in the Site will be corrected.

 

  • 3 The Company shall not be responsible for the effect or result of the introduction or entry of any virus into the Site.

 

  • 4 The User understands and agrees that any content and/or material downloaded or otherwise obtained through the use of the Site is done at the User's own discretion and risk. The Company shall not be responsible for any damage to the User's computer system or loss of data that results from the download of such content and/or material.

 

  • 5 The Company shall use reasonable endeavours to ensure that the Site and any information it holds on the User are kept secure. However, due to the nature of the internet, the Company cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the Site by means such as, without limitation, computer hacking.

 

  • 6 From time to time, the User’s access to the Service may be suspended in order for work to be carried out relating to upgrading or maintenance or otherwise as necessary for the provision of the Site. The Company shall endeavour to ensure that such works are carried out as expeditiously as is possible in the circumstances.

 

  • 7 Galaxyhorseracing.com may be linked to or from other websites that are not maintained by the Company. The Company does not control in any respect any information, products or services offered by such other websites and shall not be responsible for the content of such other websites.

 

  • 8 The User may be able to buy goods or services via Galaxyhorseracing.com, some of which may be through third party retailers who link to the website. The User may also enter into correspondence with or participate in promotions of advertisers on Galaxyhorseracing.com. The Company in no way endorses these third parties and any such transactions, dealings, correspondence with or payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the User and the third party. The Company assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.

 

  • 9 The Company shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the provision of the Service or their use by the Client.

 

  1. Compliance

 

  • 1 The Company shall have the right, but not the obligation, to monitor the content of Galaxyhorseracing.com, including community areas, to determine compliance with these Terms and Conditions and any operating rules established by the Company and to satisfy any law, regulation or authorised government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Galaxyhorseracing.com.

 

  • 2 The Company reserves the right to terminate all or part of the Service at any time without notice, and without issuing any refunds if the User is in breach of the Terms & Conditions. The Company shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Service or any part thereof.

 

  • 3 The Company reserves the right to terminate User accounts following the expiry of the subscription period and to delete all information and files on these accounts if the User does not renew the subscription. The User can renew the subscription within 14 days only, following the expiry of the subscription period. After this 14 day period, the User who has not renewed the subscription will not be able to access the account and all data and information relating to the account will be deleted. If the User seeks to renew an expired subscription and account, the Company, at its sole discretion, may allocate a new account to the User.

 

  • 4 No right may be assigned, and no duty may be delegated, by the User under this Agreement except upon the written consent of the Company and any attempted assignment and delegation without such consent shall be void and without effect. The Company shall be entitled to assign the Contract.

 

  • 5 If the whole or any part of any provision of these Terms & Conditions is or becomes invalid, void or unenforceable for any reason, the same shall to the extent required be severed from these Terms & Conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms & Conditions and shall in no way affect the validity or enforceability of any other provisions.

 

  • 6 The User agrees to indemnify, defend (at the Company’s request), and hold the Company, its parent, subsidiaries, affiliates, officers, employees and representatives harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of:

 

  1. a)     the User's use of the Service or any part thereof,

 

(b)   the violation of these Terms & Conditions or any provision therein by the User,

 

(c)    the publication of any User content,

 

(d)   the viewing of any User content by any third party,

 

(e)   or the infringement or misappropriation by the User, or a third party using the User's computer, of any account or password to access and/or use the Service,

 

(f)     of any Intellectual Property rights of any person or entity, and

 

(g)    the use or misuse by the User or third parties of the User's passwords or accounts.

 

  • 7 These Terms & Conditions and the User’s access to and use of the Service are subject to the laws of Ireland and you submit to the exclusive jurisdiction of the Courts of Ireland.

 

  • 8 The Company shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Service, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:
  1. a) Act of God, explosion, flood, tempest, fire or accident;
  2. b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
  3. c) acts, restrictions, regulations, bye‑laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
  4. d) import or export regulations or embargoes;
  5. e) strikes, lock‑outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
  6. f) difficulties in obtaining raw materials, labour, fuel, parts or machinery;
  7. g) power failure or breakdown in machinery.

 

  1. Payment

 

  • 1 The Service is made available to the User by payment only. Details of the cost of the Service are set out in the Products section of the Site (the “Service Fee”).

 

  • 2 The Service Fee and its payment are incorporated into these Terms & Conditions.

 

  • 3 Galaxyhorseracing.com’s Service Fee will be automatically debited from the User’s account on a reoccurring monthly basis.

 

  • 4 The Company may vary the Service Fee from time to time by either notifying the User by email or posting details of the changes on the home page of Galaxyhorseracing.com.

 

  • 5 The User may cancel their subscription to Galaxyhorseracing.com at any time by emailing Galaxyhorseracing.com at galaxyhorseracing@outlook.com with the Subject ‘Unsubscribe’ and Galaxyhorseracing.com will cancel, the User’s subscription prior to the next monthly debit of the Service Fee.

 

  • 6 All subscription Service sales are final and the Company does not offer refunds.

 

  • 7 This Service is provided by the Company on an “at your own risk” basis. The Company assumes no responsibility for any losses or damages resulting from the User’s use of the Service or for any link, information, product or opportunity contained within this Site, within any publication we authored or published, or within any information disclosed by the Company in any form whatsoever.

 

  • 8 With the opportunities, and forecasts provided on this Site, or offered, promoted or performed, or published on the Site, the Company makes absolutely no promises or guarantees, whatsoever in any manner of speaking, in whole or in part, that by joining, responding to, following or adhering to any opportunities or forecasts featured that the User will produce specific results (e.g., make money, or whatever the topic or content may imply).

 

  1. Cookies Policy

 

  • 1 Galaxyhorseracing.com uses cookies.  By using the Site and agreeing to this policy, the User consents to Galaxyhorseracing.com’s use of cookies in accordance with the terms of this policy. Cookies are files sent by web servers to web browsers, and stored by the web browsers. The information is then sent back to the server each time the browser requests a page from the server.  This enables a web server to identify and track web browsers. There are two main kinds of cookies, session cookies and persistent cookies.  Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

 

  • 2 This Cookie Policy applies to Galaxyhorseracing.com (The Site). This Cookie Policy forms part of and is incorporated into Galaxyhorseracing.com’s Terms and Conditions. By accessing the Site, the User agrees that this Cookie Policy will apply whenever the User accesses the Site on any device. Any changes to this policy will be posted on Galaxyhorseracing.com. The Company reserves the right to vary this Cookie Policy from time to time and such changes shall become effective as soon as they are posted. The User’s continued use of the Site constitutes an agreement to all such changes.

 

  • 3 The Company may collect information automatically when you visit Galaxyhorseracing.com, using cookies. The cookies allows the Company to identify your computer and find out details about your last visit. The User can choose not to allow cookies. However, we can't guarantee that your experience with Galaxyhorseracing.com will be as good as if you do allow cookies. The information collected by cookies does not personally identify you; it includes general information about your computer settings, your connection to the Internet e.g. operating system and platform, IP address, your browsing patterns and timings of browsing on the Website and your location. Most internet browsers accept cookies automatically, but you can change the settings of your browser to erase cookies or prevent automatic acceptance if you prefer.

 

  • 4 The following types of cookie are used on this site;
  1. a) Personalisation cookies

These cookies are used to recognise repeat visitors to Galaxyhorseracing.com and in conjunction with other information we hold to attempt to record specific browsing information (that is, about the way you arrive at the Site, pages you view, options you select, information you enter and the path you take through the Site). These are used to recommend content we think you'll be interested in based on what you've looked at before.

  1. b) Analytics cookies

These monitor how visitors move around Galaxyhorseracing.com and how they reached it. This is used so that we can see total (not individual) figures on which types of content users enjoy most, for instance.

  1. c) Third-party service cookies

Social sharing, video and other services Galaxyhorseracing.com offers are run by other companies. These companies may drop cookies on your computer when you use them on our site or if you are already logged in to them.

  1. d) Our own ad serving and management cookies

The Company may sell space on Galaxyhorseracing.com to advertisers. As part of this, the Company uses several services to help us and advertisers understand what adverts you might be interested in. These cookies hold information about the computer - they don't hold personal information about you (i.e. it's not linked to you as an individual) but they might hold a record of what other websites you've looked at.

  1. e) Site management cookies

These are used to maintain the User’s identity or session on Galaxyhorseracing.com. For instance, where Galaxyhorseracing.com is run on more than one server, we use a cookie to ensure that you are sent information by one specific server (otherwise you may log in or out unexpectedly).

 

 

 

 

 

 

 

 

 

 

[1] To be completed by DMcG

[2] To be completed by DMcG