Terms of use of NMP website and/or service
Below are our terms for the use of this Website , whether as a guest or a registered user, and the associated e-mail service. Please read these terms carefully before using this Website and/or joining the service.
These terms are an agreement ("Agreement") between you and NORTHERN MONKEY PUNTER LIMITED about your use of this Website and/or the NMP e-mail service and the information contained in or available through this Website and/or the NMP e-mail service and should be read in conjunction with our privacy policy.
If you do not agree to these terms in full please leave this Website and do not make use of our service.
By remaining on this Website and/or making use of our service you are deemed to accept these terms in full.
Our terms and our privacy policy are updated from time to time, e.g. to reflect changes in the service offered and this Website. Please return to these terms from time to time and note any changes, as they are binding on you.
Protecting your privacy is very important to us: please review our privacy policy http://www.northernmonkeypunter.co.uk/spage-misc-privacy_policy.html which explains how we treat your personal information and protect your privacy.
1. Definitions
1.1 "http://www.northernmonkeypunter.co.uk/", "NMP", "Us", "Our" and "We" all refer to this Website, or the owner of it, which Website belongs to NORTHERN MONKEY PUNTER LIMITED (company number 10502426), a private company registered in England and Wales.
1.2 "You" refers to you, the visitor and/or customer.
1.3 "the service" refers to the daily e-mails provided to signed up members of the NMP service.
1.4 "Website" means this website, at http://www.northernmonkeypunter.co.uk/.
2. Access to website
2.1 You can access the Website without having to register any details with us. This includes all articles, news updates, results summaries and product information pages which are publicly available on the Website.
2.2 It is for you to make the proper arrangements for you to access this Website. You are responsible for ensuring that all persons who access the Website through your Internet connection are aware of this Agreement, and that they comply with it.
2.3 We may restrict the availability of our Website or our service to any person at any time without prior notice.
3. Use of website and services
3.1 Any material that is available on this Website or as part of the service you are permitted to use for your own personal use, but not for distribution (including sharing or making available for use by others by any means (including but not limited to redistribution via e-mail, text message, Twitter, Facebook or any other form of social media), whether free of charge or for payment) or resale. You promise that you will not resell, redistribute or otherwise attempt to commercially benefit from the Website/service content.
3.2 All intellectual property (including without limitation copyright) in this Website and its content belongs to us or our licensors and are protected by copyright laws around the world. Our status (and that of any identified contributors) as the authors of material must always be acknowledged and you must not use the material on the Website in a derogatory manner.
3.3 Otherwise than in accordance with clause 3.1, no part of this Website may be used without our prior permission.
3.4 If, in breach of these terms of use, you print off, copy or download any part of our Website/e-mail content or redistribute content (for anything other than personal use), then your right to use our Website/the service and its contents is automatically revoked.
3.5 We do not guarantee that our Website will be free from bugs or viruses or protected at all times against hacking. You are responsible for setting up your computer to access our Website and using appropriate firewall and virus protection software.
3.6 Upon receipt of payment, customers will receive e-mails for the period of time they have elected to subscribe to the e-mail service for.
3.6.1 No guarantee is made that advice will be provided each day as, on some days, NMP may not feel there are any races of suitable interest. Members will, in such instances, still receive an e-mail to advise there are no bets to follow on a given day but these days form part of the membership period. We will advise members in advance of any personal holidays we are set to take during the season (typically 1-2 weeks). These will form part of the membership period for those who have signed up for the whole season, but not for customers signing up for one month, who will have their membership period extended by a period of time equal to the length of the holiday.
3.6.2 If you change your mind after subscribing to the e-mail service and seek a refund, I will reimburse your full membership payment providing you notify me of your intention to cancel before I commence with sending you any service e-mails. Full details of the service (including the nature of the advice sent, e-mail frequency and past results) are all readily available on this Website and members are advised to familiarise themselves (and request an example e-mail if desired) with all of this information before proceeding to send any membership payment. Both short and long term membership options are available to customers and if customers are unable to commit to the service long term (by which they would be joining the service at a discounted rate) they are advised to sign up for a shorter time period.
3.7 NMP is not a bookmaker and does not accept bets of any kind.
3.8 It is the responsibility of the customer to ensure that them following advice provided as part of the service meets all local and national gambling laws. Any customer found to be in breach of any local or national gambling laws will be removed from the service with immediate effect.
3.9 NMP reserves the right to amend the service sign-up charge at any point, though customers will be notified before their membership expires if the price is set to increase.
4. Site uptime
4.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this Website is unavailable at any time. We do not guarantee that our Website, or any content on it, will be available uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period.
4.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues, but shall not be obliged to do so.
5. Visitor conduct
5.1 With the exception of personally identifiable information, the use of which is covered under our privacy policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise us to the contrary, we will be free to copy, disclose, distribute, incorporate and otherwise use such material (such as comments on blog pages) for any and all purposes.
5.2 When using this Website you must not attempt unauthorised access to our Website, the servers on which our Website or database are stored or any servers, computer or database connection to our site, and you shall not post or send to or from this Website any material:
5.2.1 for which you have not obtained all necessary consents;
5.2.2 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; or
5.2.3 which is harmful in nature, including, and without limitation, denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data.
5.3 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.
5.4 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach of Paragraph 5.2.
5.5 If a third party alleges that content posted by you on our site is in breach of their intellectual property rights or their right to privacy, we may disclose your identity to such third party.
5.6 We reserve the right to remove any posting you make on our Website for any reason and without notice, but particularly if your post does not comply with these terms of use.
6. Links to and from other websites
6.1 Any links to third party websites located on this Website or provided via e-mail are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website or from a service e-mail, it is accessed at your own risk. We will not be liable for any loss or damage that may arise from your use of them.
6.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
6.2.1 you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed to by us in writing;
6.2.2 you do not misrepresent your relationship with us or present any false information about us;
6.2.3 you do not link from a website that is not owned by you; and
6.2.4 your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the
6.3 If you choose to link to our Website in breach of Paragraph 6.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
7. Disclaimer and exclusion of liability
7.1 We take reasonable steps to ensure that the information on this Website and in e-mails is correct at the time of first publishing/submission. However, we do not guarantee the correctness or completeness of material on this Website or in e-mails or the absence of inaccuracies, omissions or typographical errors. We may make changes to the material on this Website at any time and without notice, including corrections. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up-to-date. We are not liable to send you notice of any changes or corrections made.
7.2 No guarantee is provided that e-mails provided as part of the service will arrive on time; the estimated arrival times provided are merely a guide and can change at the last minute due to unforeseen circumstances or a changing workload.
7.3 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
7.4 All information and services are provided "as is" without warranty or condition of any kind. We disclaim all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
7.5 Any information on the Website in relation to past results/ the performance of the service provides no guarantees on the results/performance of the service in future.
7.6 You use the Website and follow the advice provided as part of the service at your own risk - we shall not be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the website (whether under these terms and conditions or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
7.7 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website) shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Website or service. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect or consequential loss, and whether in tort, contract or otherwise in connection with this Website and service.
7.8 We shall have no liability to any users for loss (whether in contract, tort, including without limitation negligence, breach of statutory duty or otherwise, and whether foreseeable or not) relating to:
7.8.1 use of, or inability to use, our Website; or
7.8.2 use of, or reliance on, the contents of our Website.
7.9 In addition, we will not be liable to you for:
7.9.1 any financial losses;
7.9.2 indirect or consequential losses.
7.10 In addition, if you are a consumer, you agree not to use our site for any commercial or business purposes, and we shall have no liability to you for anything mentioned in Paragraphs 7.8.1 to 7.9.2.
7.11 We shall have no liability to you for any losses caused by a distributed denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data that may damage your computer system, software and data from your use of our Website or your downloading of any content on it, or on any website linked to it.
7.12 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.
8.Miscellaneous
8.1 If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the above disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
8.2 Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the use of the Website and service and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the use of the Website.
8.3 You must not assign or otherwise transfer the Agreement, or any right granted under it, without our written consent. We can freely transfer our rights under the Agreement.
8.4 Any failure by us to enforce or exercise any provision of the Agreement, or any related right, will not be a waiver of that provision or right.
8.5 We may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.
9. Responsible gambling
9.1 NMP promotes responsible gambling. If any customer feels they may have a gambling problem they are advised to seek advice from a professional body such as GamCare.
9.2 NMP recommends that, if following advice provided as part of the service, customers only ever bet what money they can afford to lose
10. Governing jurisdiction
10.1 These Terms shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of
Version: 28th JULY 2020
