Provision of Service

Thenagman shall provide the service to the subscriber throughout the subscription period. The service is not fault free and subscribers shall be entitled only to the quality of service provided by thenagman from time to time for its subscribers generally. Thenagman will use all reasonable endeavours to maintain the service but, subscribers will not be eligible for any compensation because they cannot use the service or because of a failure, suspension or withdrawal of all or any part of the service.
Thenagman reserves the right to suspend or cancel service at its sole discretion in the event that a subscriber does not fulfill his obligations under this agreement.

Selections are provided by way of e-mail and/or SMS. Thenagman will exercise all reasonable care and skill to provide subscribers with a quality service but in subscribing to the service, members accept and acknowledge that Selections cannot be guaranteed and that members subscribe entirely at their own risk

Thenagman recognises the time sensitive nature of selections and will use all reasonable endeavours to enable members to place a bet at the most advantageous price; nonetheless thenagman shall not be held responsible if the price of the selection falls for whatever reason.

Charges for Service

As specified at time of subscription and pursuant to current charges displayed at any given time.

Subscribers' Use of the Service

Subscribers acknowledge and agree that it is not in the interests of subscribers that selections should become available to any person(s) who has not subscribed to the service as this could have a detrimental effect on the price available to all subscribers. Accordingly:-

Subscribers must not provide or otherwise make available any selection(s) to non subscriber third parties;

Thenagman attaches the utmost importance to the protection and enforcement of the legal rights to which thenagman is entitled as regards the confidentiality, copyright and other proprietary rights comprised within or otherwise arising in the course of the provision of the service and selections. Accordingly it is a fundamental condition of receiving the service that subscribers acknowledge and agree:-

The service and selections are made available for use solely by each individual subscriber alone in placing bets;

The subscriber shall not do nor permit any other person to do any act which would infringe any copyright in the selections or other information obtained through accessing the service or the use of the subscriber's Identity; more particularly no part of such service may be copied or incorporated into any other work or materials or resold;

Any failure by the subscriber to comply with the above provisions will cause thenagman to:

Terminate the the provision of the service(s) forthwith (without notice); and without recompense and forthwith seek to recover all and any loss or damage which   thenagman may have sustained as a result of such failure or breach by the subscriber or any person to whom selections or other information forming part of the service, may have been passed by the subscriber.

Limitation of Liability

Thenagman has no obligation, duty or liability in contract, delict or breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.

Thenagman shall not be liable in contract, delict (including negligence or breach of statutory duty) or otherwise for loss of profits, business or anticipated savings or for any indirect or consequential loss whatsoever.

Termination

Without prejudice to its other rights and remedies, thenagman may terminate the service forthwith and without notice:

If the subscriber fails to pay the subscription charges or is otherwise in material breach of the above terms of use..

If the subscriber publishes, posts, voices, or otherwise makes available any derogatory, defamatory or malicious statement regarding, or directed at, thenagman or his service. (N.B. Termination is limited to their liability for any future payments only. It does not entitle the subscriber to any refund, in full or in part, of fees already paid).

Performance

No guarantees are made by thenagman as to the profitability of the information provided and any declaration of past performance should be used as a guide only and is not indicative of future performance. You should never gamble with more money than you can afford to lose.

Services provided by thenagman and its subscribers are regulated by U.K. laws and regulations. Subscribers of any of the services provided by thenagman are responsible for ensuring that they are legally allowed to do so in relation to laws governing the use of such services depending on their country of residence.

Thenagman shall not be liable for any loss or damage whatsoever caused by any failure to perform any obligations under the above provisions if such failure is caused by events, acts or omissions beyond its control including the acts or omissions of other telecommunication providers.

The above shall be governed in all respects by Scots law and be subject to the jurisdiction of the Scottish courts.