Terms

Acceptable Use Policy

Our Acceptable Use Policy sets some rules that you have to follow as a Horsetorque user. Some are dictated by the law, some are common sense (do unto others), and some are based on our experience in providing web based services.

5. Changes

   We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Horsetorque. We may change the Website, the Service, or any features of the Service at any time.

6. Account and Password

   You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorised the use. You’ll immediately notify us of any unauthorised use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password. If we detect multiple concurrent logins to a single account from different physical locations your account may be suspended pending further investigation.

7. Account Disputes

   We don’t know the inner workings of your organisation or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the contact information listed for that account.

Payment

8. Membership

   These memberships entitle you to access all tips made available by Horsetorque. We do not guarantee the amount of tips provided on a daly basis.

   Unless specified, these accounts will auto renew unless you visit the membership page and cancel the membership. Once cancelled the membership will expire at the end of term.

   It is your responsibility to manage your membership via our Customer Portal. Please don't ask us to do it for you.

9. Other forms of payment

   If you do not have a valid Credit or Debt card all is not lost. We can do Direct Deposit. Please send an email to and we will send you back our account details with further instructions.

   Sorry, we don’t accept T-shirts, beer, thongs or other forms of payment at this time.

10. Refunds

    All purchases and subscription payments are non refundable.

    We provide you with self management tools to cancel your subscription at anytime. Please be aware of this because we will no longer issue subscription refunds for failure to self manage your subscription.

11. Changes

    We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

Rights

12. Proprietary Rights Owned by Us

    You shall respect our proprietary rights in the Website and the software used to provide Horsetorque (proprietary rights include patents, trademarks, service marks, and copyrights and terminology). You may only use our brand assets with written permission by us.

13. Privacy Policy

    We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

Rules and Abuse

15. General Rules

    You promise to follow these rules:

    • You won’t use your account for commercial purposes. If you want to enquire about a commercial account please contact

    • As a non-commercial account holder you won’t take markets and content available to you as a paid or non paid member and disseminate that information to a third party for financial gain, or to circumvent our membership process.

      In other words if your mates down the pub are too tight to purchase a paid account, but want you to tell them our exclusive markets and tips, you will kindly advise them to stop being freeloaders and purchase their own accounts.

    If you violate any of these rules, then we may suspend or terminate your account.

16. Limitation of Liability

    To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

17. No Warranties

    To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

18. Indemnity

    You agree to indemnify and hold us and our Team harmless from any losses (including legal fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including legal fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms. You also indemnify us from any accidental loss of data stored as part of our Website or Service.

19. Disclaimers

    We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

Fine Print

20. Assignments

    You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

21. Force Majeure

    We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, illness, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

22. Survivability

    Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Limitation of Liability, No Warranties, Indemnity, Severability, and Entire Agreement.

23. Severability

    If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

24. Amendments and Waiver

    Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

25. No Changes in Terms at Request of Member

    We can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.

26. Further Actions

    You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

27. Entire Agreement

    These Terms, our Privacy Policy, Acceptable Use Policy, (all of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.