“Betting Provider”   means any person making use
of Services for Betting Purposes, including, without prejudice to the
generality of the foregoing, bookmakers, professional bettors, betting
exchanges and betting syndicates.

“Betting Purposes” means
the use of data on any system, platform and/or services for the purposes of: (i)  the offering of odds, the taking of bets, the
placing of bets, the monitoring of bets and/or the settling of bets; and/or
(ii) enabling and/or facilitating others to offer odds, take bets, place bets,
monitor bets and/or settle of bets.

“Commencement Date”  means the date on which
the Customer accepts
this Agreement by subscribing to access the Services.

“Conduct Legislation”  means the Modern Slavery Act 2015 and the Bribery Act 2010 and all replacement and modifying legislation and regulations pertaining thereto.

“Connection “          means the date on which the Customer accepts this Agreement by subscribing to access the Services.

“Customer Equipment” means such hardware and software as may be specified on the Website which the Customer is required to have in use in order to use and enable the Services to be provided in accordance with this Agreement.

“Data Controller”      shall have the meaning of ‘data controller’ set out in Article 4(7) of the GDPR.

“Data Processor”       shall have the meaning of ‘data processor’ set out in Article 4(8) of the GDPR.

“Data Protection Legislation” means, for such time as they are in force in England and Wales, the DPA, the GDPR and all related legislation which may
supplement, amend, implement or replace them and which relates to the protection of individual’s rights in their personal data and the protection of
their privacy.

“DPA”                       means the Data Protection Act 2018.

“Downtime”            means a period during Support Hours during which there is total loss of the Services.

“Extension Period”  means a period of one month commencing at the end of the Initial Period or at the end of the previous Extension Period.

“Fee”                 means the fee payable in respect of a particular Tier of Service, as specified in the pricing table set out on the Website and as it may be amended from time to time.

 “GDPR”              means the UK GDPR as it forms part of the law
of England and Wales, Scotland and Northern Ireland by virtue of section 3 of
the European Union (Withdrawal) Act 2018.

“Initial Period”    means a period of one month commencing on the Commencement Date.

“Intellectual Property Rights” means all copyrights, patents, database rights, registered and unregistered design rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world and for the full term thereof including all rights to renew the same.

“Live Data”               means the stream of racing data made available via the Software, to which the Users may purchase access by way of a
Subscription;

“Month”                    means    a calendar month and “monthly” shall be construed accordingly. 

“Outage”       means an instance of Downtime.

“Personal Data”  has the meaning set out in Article 4(1) of the GDPR, and for the purposes of this Agreement means Personal Data provided by one party to this Agreement to the other.

“Processing” and “Process” have the meaning set out in Article 4(2) of the GDPR.

“Session”                   means a Connection from an IP address which is specific to the Customer. Certain Tiers may allow the use of concurrent Sessions.

“Service Interruption”   means a period during Support Hours during which there is partial loss of the Services.

“Service Levels”   means, where applicable, the levels of performance to which the Services are to be provided to the Customer by Provider; which where applicable shall
be identified and described on the Website.

“Services”                means the services provided by the Provider to the Customer under the terms of this Agreement, including the provision of the Live Data via the Software, as determined by reference to a particular Tier of service selected and paid for by the Customer (and “Service” shall be construed accordingly).

“Software”            means the software or platform via which the Customer shall access the Services and which is either the Provider’s proprietary Software or Third Party Software to which the Provider has granted the rights to supply the Live Data.

“Subscription”   means an order placed for the Services by the Customer via the Website and accepted by the Supplier.

“Support Hours”   means the hours during which technical support for the Services is available, which unless otherwise specified in an applicable Service Level shall be 09:00 – 17:00 GMT/BST. References to “hour(s)” and “minute(s)” in this Agreement will, unless otherwise indicated, be taken only to refer to the elapse of time during Support Hours.

“System Management Regulations”    means regulations introduced by Provider from time to time for the better management of the Services and which may include (but are not limited to):

ensure that data provided via the Services is not misused, or used in excess of the licence conditions under which it is provided;

defining minimum specifications for equipment used by the Customer to interface with the Services (including, but not limited to, routers, firewalls and PCs);

regulations to ensure that the network through which the Services are provided is not overloaded and that the security and integrity of the network is maintained and including regulations which arise from the need to comply with regulations of any data centre facility engaged by Provider in connection with the Services; and regulations to ensure that any database or other applications which form part of the Services are used to the best effect and within their capacities.

“Tier”                        means a package of services and access to the Live Data selected by the Customer at the outset of a Subscription, which will determine the recurring Fee to be paid for that Subscription and the quantity and type of Services which the Customer is entitled to receive during it. Amongst other matters a Tier may specify a particular number and/or type of Connections or Sessions to which the Customer is entitled, as well as the quantity of Live Data a Customer is entitled to receive each month.

“Term”                      means the effective term of this Agreement (which shall include the Initial Period and all subsequent Extension Periods).

“Third Party Software” means the software or platform which is owned by a third party and not the Provider, and to which the Provider has granted the rights to access the Live Data.

“User”                        means an individual user which accesses the Services with a unique log in name and password.

“Website”                   means the Provider’s website .ww.tpd.zone.