Terms and Conditions
Website and Beyond Paywall Use & Bot Use
(Revised 01 March 2019)
All Software (including Third Party Software) provided by Retrospection Software Ltd are supplied subject to our Terms and Conditions of Software Licence. The following is a summary of those terms and conditions. Where incentives are offered for monthly, quarterly or annual licenses there can be no full or partial refunds.
1.1 "Software" means behind the wall (paid for) content displayed via web pages (digital download) and FormGenie-Bot (desktop application) that interfaces with the BetFair Betting Exchange in both transactional and non-transactional modes supplied by Retrospection Software Ltd to the Customer.
1.2 Third Party Software supplied by Retrospection Software Ltd will be subject to the Third Party Software owner's licensing terms and conditions which in the event of conflict shall prevail over the provisions of our Terms and Conditions.
1.3 Software will be deemed to be accepted on download or behind the wall web access, unless the Customer notifies Retrospection Software Ltd of any shortages or defects within 24 hours of purchase.
1.4 1.4 Software is an intangible product as such you acknowledge that tenuous claims for charge backs are unlikely to be successful and Retrospection Software Ltd reserve the right to charge you in the event of any effort pertaining to the defence of claims of "Item Not Received" or "Item Not As described" up to 100% of the purchase fee/transaction amount.
1.5 All charges are quoted inclusive of Value Added Tax where applicable which is payable in accordance with the then current legislation.
1.6 Terms and Conditions will be deemed accepted by customer either upon purchase or free access (i.e demonstration versions).
1.7 The contract shall be construed and interpreted in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.
2. USE OF THE WEB SITE CONTENT (Free and Premium Paid For)
Retrospection Software Ltd, the FormGenie logo and other Retrospection Software Ltd products referenced in the software are trademarks of Retrospection Software Ltd ("Retrospection Software Ltd Logos"), and may be registered in certain jurisdictions.
All other product names, company names, marks, logos, and symbols ("Third Party Logos") may be the trademarks of third parties.
All materials provided on this software, including but not limited to information, documents, products, Retrospection Software Ltd Logos, Third Party Logos, logos, graphics, texts, text files, video files sounds, images, software, and services ("Materials"), are owned either by Retrospection Software Ltd or by third parties ("Third Party Providers").
All rights are reserved. Please do not use the software in any way that may infringe the Intellectual Property Rights in the Materials. ("Intellectual Property Rights" means copyright and all other intellectual property rights whether or not registered including patents, trade marks, service marks, trade names, design rights, rights in any format or presentation (including its look, feel, visual or other non-literal elements), any applications for the protection or registration of these rights and all renewals and extensions of them throughout the world).
This means that none of the Materials or any part of this software may be adapted, copied, extracted, reutilised, reproduced, broadcast, distributed, republished, downloaded, displayed, posted, transmitted, or retransmitted in any form or by any means, including but not limited to electronically, mechanically by photocopying or by recording without the prior express written permission of Retrospection Software Ltd or the appropriate Third Party Provider.
Also, you may not reproduce or copy any part of this software onto any other server without Retrospection Software Ltd's prior express written permission. Except where expressly provided otherwise by Retrospection Software Ltd, nothing on this Web Site shall be construed to confer any license of Retrospection Software Ltd's or any Third Party Provider's Intellectual Property Rights, and you acknowledge sole responsibility for obtaining any such licenses.
Retrospection Software Ltd does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Retrospection Software Ltd. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Retrospection Software Ltd. Software supplied by Retrospection Software Ltd is designed to provide information and make predictions based on historical data and may be engineered to carry out commercial transactions (in the case of FormGenie-Bot). In the event of users suffering financial loss as consequence of following advice / predictions displayed within the software it shall be deemed that such financial risk/reward scenario is regarded acceptable and agreed by the user and that the user will not hold Retrospection Software Ltd or any person acting on behalf of the company responsible in anyway. By accepting these terms and condition you acknowledge that past performance is not a guarantee of similar future performance. You also accept that you have either trialed the software on offer or declined the opportunity to do so and that no fees incurred for use of the licence to operate our software are refundable.
3. LINKS TO THIRD PARTY WEB SITES
This software may contain links to web sites controlled by parties other than Retrospection Software Ltd. Retrospection Software Ltd is not responsible for, does not control, does not endorse or accept any responsibility for the content or appropriateness of the content of, or use of these third party web sites.
Retrospection Software Ltd cannot be held responsible for such content, or from any detrimental impact which you may suffer, or for any processing errors or viruses that may arise from access to such third party web sites.
Retrospection Software Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Retrospection Software Ltd of the linked web site.
4. RESTRICTION OF SOFTWARE USE
This software is owned by Retrospection Software Ltd or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.
The Software is warranted, if at all, only according to the terms of the License Agreement. Except as may be expressly warranted in the License Agreement, Retrospection Software Ltd shall have no other liability whatsoever whether in contract, tort or otherwise as regards the quality or fitness for purpose of the Software and all other representations, conditions, warranties and terms in respect thereof whether express or implied, statutory or otherwise are excluded save to the extent that the same are not capable of exclusion at law.
1.1 Retrospection Software Ltd cannot be held responsible for any damage (financial l/physical/psychological or otherwise) that results from the use of the information provided by the software, and shall have no liability whatsoever whether in contract, tort or otherwise.
1.2 The purchaser acknowledges that the software provided facilitates gambling and as such is inherent with associated risk to capital.
1.3 By purchasing the software the user acknowledges that the profit and loss figures quoted daily, monthly and on a 365 day rolling report are stated with honest and true intentions by Retrospection Software ltd. And that the stated profits are to best odds available on the day of racing - however fleeting these may be. These odds are recorded Retrospection Software ltd from 3rd party odds providers (UK Bookmakers) and due to market volatility and timings it is generally accepted that a user cannot realistically expect to achieve the best odds available 100% of the time.
6. LIMITATION OF LIABILITY
Retrospection Software Ltd shall not be liable for any damages suffered as a result of using, modifying, contributing, printing, copying, distributing, or downloading the Materials. You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the software and you will not make a claim against Retrospection Software Ltd for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the materials. Save in respect of death, personal injury or fraud, Retrospection Software Ltd shall not be liable to you for any of the following (whether or not you were advised of, or knew of, the possibility of such losses) whether arising from any claim under any tort including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement, under any statute or otherwise arising out of or in connection with the use of the software including without limitation:
6.1 any indirect, special or consequential losses;
6.2 any loss of business, data, profits, revenue, goodwill, use, or anticipated savings;
6.3 any damage suffered by you as a result of an action brought by a third party arising from any use, or inability to use, any Material; or
6.4 loss or damage to you, or any third party's, data or records.
6.5 interruption in continuity of staking plans as a result of non-delivery of update file/program errors faults.
7. LOCAL LAWS
It is the responsibly of the end user/customer to ensure complicity with local laws permitting gambling and the suitability our products prior and post purchase. If users are found to be or are suspected of attempting to defraud bookmakers or flout local laws we reserve the right to terminate any licence/warranty issued with immediate effect. Any such action shall constitute a charge to the end user equal to 100% of any licence fee paid.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in the UK.
You acknowledge and agree that using the Software and the use of this Web Site and the use of the Materials are subject to UK laws and regulations.
Any rights not expressly granted in these Terms and Conditions are reserved by Retrospection Software Ltd.
Distance Selling Regulations/The Consumer Contracts Regulations (digital downloads/non tangible products). In accordance, you accept that by purchasing a login we cannot offer refunds either part or full on our premium content and software downloads.
Retailers must not supply digital content or software downloads within a 14-day cancellation period. You the consumer give your express consent to this happening upon successful and immediate payment as a login becomes valid/software deemed to be downloaded. You acknowledge this means you lose your right to cancel.
Where there is a significant interruption of service beyond our control (force majeure), we will freeze/extend subscriptions accordingly. An example of this (but not limited to) was the Feb 2019 outbreak of equine-flu where the uk and Irish racing program was suspended for a short period. As a consequence subscriptions were extended accordingly as opposed to cancellations and refunds being applied.
OVER EIGHTEEN YEARS OLD
You must be over 18 years old to view / operate our website / software.
End-User Licence Agreement (as accepted upon installation)
Please read this agreement carefully before using FGBOT. By installing and using our software, you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions.
This Formgenie FGBOT End-User Licence Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity known as "Customer") and Formgenie.com., which owns a proprietary computer software (collectively known as "Formgenie FGBOT" or "Software"). By installing, copying, or otherwise using the Software or any Software Updates, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, do not install, copy, or use the Software, including all Software Updates that Customer received as part of the Software (each, an "Update").
By installing, copying, or otherwise using an Update, Customer agrees to be bound by the additional Licence terms that accompany such Update. If Customer does not agree to the terms of the additional Licence terms that accompany the Update, disregard the Update and the additional Licence terms that accompany the Update. In this event, Customer's rights to use the Software shall continue to be governed by the then-existing Agreement.
Retrospection Software Ltd cannot be held responsible for any damage (financial l/physical/psychological or otherwise) that results from the use of the information provided by the software, and shall have no liability whatsoever whether in contract, tort or otherwise as regards the quality or fitness for purpose of the Materials or any Software, the accuracy, completeness, or truth of any of the information contained in the software or for any reliance placed by any person on the information in the software, and all other representations, guaranties, conditions, warranties and terms in respect thereof whether express or implied, statutory or otherwise are hereby excluded save to the extent that the same are not capable of exclusion at law.
LIMITATION OF LIABILITY
Retrospection Software Ltd shall not be liable for any damages suffered as a result of using, modifying, contributing, printing, copying, distributing, or downloading the Materials. You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the Web Site and you will not make a claim against Retrospection Software Ltd for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the materials. Save in respect of death, personal injury or fraud, Retrospection Software Ltd shall not be liable to you for any of the following (whether or not you were advised of, or knew of, the possibility of such losses) whether arising from any claim under any tort including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement, under any statute or otherwise arising out of or in connection with the use of the software including without limitation:
a. any indirect, special or consequential losses;
b. any loss of business, data, profits, revenue, goodwill, use, or anticipated savings;
c. any damage suffered by you as a result of an action brought by a third party arising from any use, or inability to use, any Material; or
d. loss or damage to you, or any third party's, data or records.
e. interruption in continuity of staking plans as a result of non-delivery of update file/program errors faults.
All title and copyrights in and to the Software (including but not limited to any software components, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, collectively referred to herein as the "Software"), and any copies of the Software, are owned by Formgenie.com. The Software is protected by UK copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that Customer may either (i) make one copy of the Software solely for backup or archival purposes, provided Customer reproduces and includes Formgenie.com's copyright and trademark notices contained on the original disk labels on such backup copy, or (ii) transfer the Software to a hard disk, provided Customer keeps the original solely for backup and archival purposes. The Software is Licenced, not sold.
2. Grant of Licence
Formgenie.com. grants Customer a non-exclusive Licence to use the Formgenie FGBOT computer software.
Formgenie FGBOT terms shall be deemed accepted by Customer upon payment for the Software by Customer.
3. Other Restrictions
a. The Software is the sole and exclusive property of Formgenie.com., including all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's exclusive use for the purposes of this Agreement and will be held in confidence.
b. Customer will not remove any designation mark from any supplied material that identifies such material as belonging to or developed by Formgenie.com. Customer agrees not to disassemble, decompile, reverse engineer or otherwise reduce the Software to perceptible form.
c. Customer may not rent, lease, or sub Licence the Software.
d. Customer may not install and run the Software from a network server, or use the Software on different computers, unless the user on all computers is the same.
e. Customer may permanently transfer all of Customer's rights under this Agreement, provided Customer retains no copies, Customer transfers all of the Software (including all component parts, the media and prinFGBOT materials, any upgrades, and this Agreement), Customer provides Formgenie.com. notice of Customer's name, company, and address and the name, company, and address of the person to whom Customer is transferring the rights granted herein, and the recipient agrees to the terms of this Agreement and pays to Formgenie.com. a transfer fee in an amount to be determined by Formgenie.com. and in effect at the time in question. If the Software is an upgrade, any transfer must include all prior versions of the Software. If the Software is received as part of a subscription, any transfer must include all prior deliverables of Software and all other subscription deliverables. Upon such transfer, Customer's Licence under this Agreement is automatically terminated.
f. Customer may use or transfer the Updates to the Software only in conjunction with Customer's then-existing Software. The Software and all Updates are Licensed as a single product and the Updates may not be separated from the Software for use at any time.
g. We cannot guarantee that the Software will work for all times. If you change your operating system, the software may not work anymore.
h. All title and intellectual property rights in and to the content which may be accessed through use of the Software are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content.
i. Customer must make sure that it is legal to use the software in Customer's country or jurisdiction with the supported features. Formgenie.com. only provides a Licence to the software. It's the customers responsibility to make sure that Customer is allowed to use the software.
j. All trademarks are owned by their respective holders.
Without prejudice to any other rights, Formgenie.com. may terminate this Agreement if Customer fails to comply with the terms and conditions of this
Agreement. In such event, Customer must destroy all copies of the Software in any form and all of its component parts.
5. Disclaimer of Warranty
a. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Formgenie.com. DISCLAIMS
ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY
WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW,
IN NO EVENT SHALL Formgenie.com. BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF Formgenie.com. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
c. Formgenie.com. SHALL BE RELIEVED OF ANY AND ALL OBLIGATIONS WITH RESPECT TO
THIS SECTION FOR ANY PORTIONS OF THE SOFTWARE THAT ARE REVISED, CHANGED,
MODIFIED, OR MAINTAINED BY ANYONE OTHER THAN Formgenie.com.
7.Formgenie FGBOT and our organisation is in no way connected to, warranted or endorsed by The Sporting Exchange Limited (“Betfair”) and by installing Formgenie FGBOT you acknowledge and agree that Betfair can in no way be liable nor owe you any duty to support or otherwise take any steps whatsoever in relation to Formgenie FGBOT
7. Governing Law
This Agreement shall be construed and the legal relation between the parties
determined in accordance with UK law.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND
Formgenie.com. WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR
WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND Formgenie.com.
RELATING TO THE SOFTWARE. This Agreement may not be modified except by a writing
signed by a duly authorized representative of Formgenie.com.
Copyright (c) 2024 Formgenie.com.