Marten Julian

Terms & Conditions

 

  1. Horse racing and gambling thereon are high risk activities. There is no guarantee that a client will recover any part of his subscription or outlay when placing bets pursuant to information provided.
  2. Participation must not be regarded as an investment, and clients must only apply if they are aware of the risks involved. No reliance can be placed on recovery of any part of their outlay.
  3. Clients shall not in any circumstances be entitled to a refund of any part of the subscription for any period in which information has been provided. If a client no longer wishes to receive the Personal Consultancy Service or Telephone 7 Text Service he may cancel it by contacting Rebecca Julian-Dixon in writing seeking a pro rata refund, for which an administration fee of £25 will be charged.
  4. All material, information, documents and publications supplied by Marten Julian is for the client’s personal use and must not be reproduced or circulated to any third party in any way whatsoever.
  5. Except to the extent that they may not be so excluded under applicable laws all conditions, warranties or terms relating to fitness for purpose, suitability or condition of the goods and services and whether implied by statute, common law or otherwise are excluded.
  6. Except to the extent that liability may not be so excluded under applicable laws the Supplier and its agents shall not be liable in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs, expenses of any nature whatsoever incurred or suffered by the Customer whether of a direct, indirect or consequential nature and including without limitation loss of stakes, loss of profits and any other economic loss.
  7. All orders are placed by clients and services supplied by Marten Julian in accordance with the Conditions below.
  8. By ticking subscribers agree to adhere to these terms and the Conditions.

 

1.                  INTERPRETATION

1.1                The following definitions and rules of interpretation apply in these Conditions.

Charges: the charges payable by the Customer for the supply of the Services in accordance with his or her order.

Conditions: these terms and conditions as amended from time to time by the Supplier.

Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.

Customer: the person or firm who purchases Services from the Supplier.

Data Protection Legislation: up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.

GDPR: General Data Protection Regulation ((EU) 2016/679).

Intellectual Property Rights: patents, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), 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.

Order: the Customer’s order for Services.

Services: the services supplied by the Supplier to the Customer pursuant to the Order.

Supplier: Marten Julian.

2.                   Basis of contract

The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

The Order shall only be deemed to be accepted when the Supplier accepts the Order by the delivery of the first of the Services requested by the Customer.

These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3.                   Supply of Services

The Supplier shall supply the Services to the Customer.

The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.

4.                   Customer’s obligations

The Customer shall only use the information, materials, documents and publications supplied for his own personal use and shall not in any circumstances transmit, license, assign or otherwise transfer the information, materials or documents to any third party whether for reward or otherwise.

5.                   Intellectual property rights

All Intellectual Property Rights in or arising out of or in connection with the Services  shall be owned by the Supplier.

Copyright in all information, materials, documents and publications is strictly reserved by the Supplier and no material therein may be reproduced stored in a retrieval system or transmitted in any form or by any means electronic mechanical photo-copying recording or otherwise without written permission of the Supplier. The Services are supplied to the Customer for his personal use and on the understanding that their contents are not disclosed.

6.                   Data protection and data processing

Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 6 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.

The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the data controller and the Supplier is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).

7.                   Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

Except to the extent that they may not be so excluded under applicable laws all conditions, warranties or terms relating to fitness for purpose, suitability or condition of the goods and services and whether implied by statute, common law or otherwise are excluded.

Except to the extent that liability may not be so excluded under applicable laws the Supplier and its agents shall not be liable in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs, expenses of any nature whatsoever incurred or suffered by the Customer whether of a direct, indirect or consequential nature and including without limitation loss of stakes, loss of profits and any other  economic loss.

This clause shall survive termination of the Contract.

8.                   Termination

Without affecting any other right or remedy available to it, the Supplier may terminate the Contract by giving the other party 1 months’ written notice.

Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the other party if the other party commits any breach of any term of the Contract.

9.                   Consequences of termination

Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the Supplier  accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.  Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

10.                General

Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

Assignment and other dealings. The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the Supplier.

Entire agreement. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

Governing law.  The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

Jurisdiction.  Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.