TERMS AND CONDITIONS


By accessing Newturf.com and by completing and submitting the registration form on this site, Users hereby agree to abide by our Terms and Conditions (“Terms”). Please read these Terms carefully before you agree to be bound by them.


1 General
2 Opening and operating a Newturf.com account
3 Deposits and Withdrawals
4 Security
5 Playing at Newturf.com skill game
6 Betting on Newturf virtual races
7 Cash-out policy
8 Infraction
9 Refusal of responsibility
10 Actions and appeal at laws
11 Limitation of liability
12 Indemnification
13 Compliance with the law
14 Privacy Policy and Data Protection
15 Advertising
16 Copyright and Trademark
17 Disclaimer


1. General

1.1 The computer generated game Newturf.com is provided by Palamax Betting and Gaming Limited, a company incorporated in England and Wales (Company Number 5717558), with its registered office at 12 Gough Square, London EC4A 3DW, United Kingdom.
Newturf.com is a multi-player online game that simulates the management of a stable, where players can own, buy, sell, train, breed and race virtual horses against each other. The game (race entries and prizes, horse trading, horse breeding...) is entirely based on a real money (local currency is Euro). It is licensed and regulated by the UK Gambling Commission - Number: 000-007796-R-104371-00.
Ownership of a stable of virtual horses on Newturf should not be considered as an investment in any case. Before anything else, Newturf is a casual game for leisure and entertainment purpose.

In these Terms, the following words have the following meanings:

1.1.1 “We” and “Us” means Palamax B&G Limited.

1.1.2 “Website” and “Game” means www.Newturf.com.

1.1.3 “User” or “Registered User” means any physical individual who properly registers as a Newturf.com member according to clause 2.

1.1.4 “Virtual horse” is a computer program characterized by a multitude of mathematical variables on a secured Web server, in which all data is kept entirely confidential.

1.1.5 Newturf or Newturf.com means Newturf.com and the legal entity that runs the game under its UK Gambling Commission license.

1.1.6 Services shall mean services offered to members such as, without limitation, becoming owner of virtual horses, breeding, managing horses career, race nominations.

1.1.7 “Commission Fees” means the commissions that Newturf.com charges for the use of the Service.

1.1.7 “Entry Fee” or Nomination Fee” means the price the User has to pay to race a virtual horse.

1.2 These Terms govern the relationship between the Users and Us, and incorporate the terms upon which you interact with our Service. They do not affect your statutory rights.

1.3 Where these Terms have been translated into a language other than English, please note that this is merely for the convenience of our Users and that the translation has no separate legal effect. The English language Terms will prevail over all translations.

1.4 We reserve the right to amend these Terms from time to time. Notification of any such amendment will be posted on our website within 28 days of the amendment being made. Each amendment will become effective, and you will be deemed to have accepted the amendment, once it has been posted on the website.

1.5 These Terms shall be governed by English law, and Users agree to submit to the exclusive jurisdiction of the English courts in connection with any dispute which may arise regarding the use of our Service.

1.6 All game actions received by Newturf.com are considered to have been placed and received in London where our servers are located.

1.7 You hereby acknowledge that by taking part the Game you may lose money and you irrevocably accept that you are fully responsible for any such loss.

1.8 It is solely your responsibility to account for any tax or duty imposed on you as a result of taking part the Game.

1.9 Newturf.com agrees to act in accordance with the relevant laws on Data Protection, including but not limited to those covering the use of cookies and/or other similar files or programs, which may place certain information on your computer’s hard drive when you visit the Newturf.com web site.

1.10 You may suspend or terminate your account at any time upon notice to Newturf.com. On termination of your account, you have the option to withdraw your available funds or not depending on the country where you are living (read section 7 Cash-out policy). We reserve the right to withhold the funds in your account from you where we suspect the account has been linked with fraudulent or dishonest activity or where we have to withhold the funds in your account by law or to comply with any instruction from any governmental, regulatory or enforcement authority.



2. Opening and operating a Newturf.com account

2.1 You are not permitted to become a registered User if you are under 18 years of age or acting on behalf of a person who is under 18 years of age; It is the responsibility of each User to ensure that they are acting legally under the laws of the jurisdiction that apply to them when accessing the Newturf.com website;
Different jurisdictions around the world have different laws and regulations. Playing a skill game based on real money on the internet may be illegal in your jurisdiction even if you are not eligible to Newturf's cash-out policy. By registering with Newturf.com you warrant that you are not engaging in unlawful activities in respect of any law or regulation applicable to you.
Newturf.com reserves the right to conduct checks against your registered details to ensure that you are complying with the conditions in this clause.

2.2 In order to open an account at Newturf.com, Users must

2.2.1 provide a full and accurate mailing address. This must be the address that appears on the User’s credit card statement, or if paying by debit card or wire transfer, the address against that bank account;

2.2.2 provide a correct working e-mail address.

2.3 It is the User’s responsibility to ensure that their records at Newturf.com are kept up to date.

2.4 It is the User’s responsibility to ensure their account and log-in details are kept confidential. Any action on the website where the account and log-in details are supplied will be regarded as valid. In the event that a User is worried that their details may no longer be confidential or that their account information may be misused by a third party, the User should notify the Newturf.com helpdesk immediately (Contact Us form: https://www.newturf.com/en/contact-newturf.aspx), so that we may suspend your account, whereupon new details will be issued. If you are using the Website, we strongly recommend that you disable any automatic password memory in your browser prior to use and that you run appropriate anti-spyware, firewall and virus protection on your computer on a regular basis. We will not be liable to you for any loss that you may incur as a result of misuse of your password, and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise.

2.5 Only one account allowed per person, family, household and IP address.

2.6 You will inform Us as soon as you become aware of any errors with respect to your account or any prize calculations with respect to any race that you have taken part.

2.7 We reserve the right, at our absolute discretion, to refuse to register a User, or to suspend or terminate your registration as a User at any time. We shall not be obliged to provide you with reasons for doing so. Newturf.com’s decision is final. In particular, but without prejudice to the generality of clause 2.6, we reserve the right to suspend and/or terminate your registration in the event that you cause to be published on, and/or sent via, our website potentially defamatory, offensive or obscene language or material.

2.7 Employees of Newturf.com, licensees, white label partners, contractors and members of the immediate families of each are not eligible to participate in the Game.

2.8 All times on Newturf.com.com are listed in GMT time zone.


3. Deposits and Withdrawals

3.1 Users deposit money into their account by either wire transfer, credit card or e-wallet solutions (Skrill). The game is based on one currency: EURO. The minimum amount that can be deposited at any one time is 15 euros.

3.2 Card payments and e-wallet solutions are treated as available funds, Users can start playing almost immediately provided the card payment is accepted and the funds are effectively transferred.

3.3 If you are making a deposit by wire transfer, you will be notified by e-mail as soon as your the funds are available to your account.

3.4 If you are living in one of the countries where cash withdrawals are made available by Newturf (read section 7 Cash-out policy), you can withdraw any amount exceeding €30 at any time, from your Newturf.com account. Money withdrawn will be forwarded to you on each Monday by wire transfer or e-wallet solution (both are not available in all countries) subject to deductions in respect of any wire transfer costs.

3.5 Any monies deposited with Us shall not attract any interest. Monies deposited with us are held under a normal bank account in the name of Palamax Betting and Gaming Limited and are not subject to special trust arrangements. As such, we do not provide particular protection for the monies deposited in Your Account in the event of our insolvency.

4. Security

4.1 Newturf.com’s website has been audited by online security experts, and uses state of the art technology for preventing illegal access (e.g. hacking) to the system.

4.2 We use a secure server for all web pages after you login the game (your browser should display the appropriate secure server icon when accessing these areas). Your personal credit card details are encrypted when they are sent over the Internet between your browser and our partner bank, ensuring that they cannot be intercepted.


5 - Playing at Newturf.com skill game

The Game's rules are described in the Player's Guide. We may make changes to these rules at any time, without prior notice, as we deem necessary. As an ongoing virtual world and simulation game, Newturf is a work in progress, based on a long term effort, which commenced in 2006. How to simulate horse racing online involves complex behaviour and interactions using genetic, training and racing algorithms that will constantly evolve. Your continued use of the game constitutes acceptance of those changes and you agree that you cannot hold us financially responsible for any impact such changes may cause. It is part of the game to accept and integrate this risk into the management of your stable of virtual horses.


6 - Betting on Newturf virtual races

Betting area is permitted and accessible to UK and Ireland residents only.

Definitions:

"A Bet" is the given Sterling amount that corresponds to the bet.

"A Ratio" is the gross value, including the initial bet, paid after the result of a race.

"The Profit" is the Ratio minus the Bet.

"Error" is the generic term employed to indicate general errors, misprints, misinterpretations, oral and written comprehension errors, mistranslations, spelling mistakes, technical problems, recording errors, transaction errors, obvious errors, cause beyond control and/or any other related error.

"The Result" is the official result as indicated on Newturf.com.

Betting on Newturf.com races:

Not all races are open to betting. Only Newturf.com selects the races that are open to betting.

The betting system works on the mutual betting principle: 90% of the pool is shared between the punters.

The minimum unit stake fixed by Newturf.com for all bets is £0.10.

Newturf has the right to limit the maximum amount of the settings according to each type of bet.

If a client places a bet whereby the amount exceeds the limit fixed by Newturf, the system will not enable the client to validate the bet and will indicate that the amount of the bet is too high. The client will however, have the possibility to validate the bet by lowering the amount.

Betting Rules

A Bet:
- can only be placed by a Betting Account holder;
- will only be valid if it is placed on the internet site of one of Newturf Betting affiliates (www.horseracingbuzz.net is the only one at this stage).
- is valid only after confirmation of the aforementioned Bet by the Betting Account Holder and acceptance of this Bet by Newturf;
- is debited from the Newturf Betting Account of the Holder;
- is only possible when the amount does not exceed the balance of the Newturf Betting Account;
- is always accepted at Newturf's sole discretion.

The setting can be limited at the discretion of Newturf. A bet can be declared void, in which case the ratio retained for the payment of the aforementioned Bet is 1.00.

Newturf reserves the right, if necessary, to declare a Bet void, partly or entirely, if it is obvious that some bets were proposed, placed and/or accepted because of an Error.

The Ratio is credited on the Holder’s Newturf Betting Account.

Newturf reserves the right, if necessary, to modify a Ratio credited on a Newturf Betting Account if it is obvious that the Ratio was credited on a Newturf Betting Account because of an Error.

These specific rules will be published and included in this document, under the heading "Specific Rules”.
Winners' share is a given proportion of the total cash stakes, by races and bet types. The probable Ratio is thus variable. They are expressed in multiples of the stake (e.g.: 2 means a Ratio of 2 times the stake). Ratios are rounded off to the first lower decimal.

A bet CANNOT be cancelled on Newturf.com.

The ‘‘Single Winner’ bet is payable when the selected virtual horse is declared victorious in the race. Newturf is likely to propose the ‘Single Winner’ bet for all the races, provided that at least 8 horses take part.

The ‘Single Placed’ bet is payable when the selected horse is declared first, second or third (when at the start of the race there were at least eight runners). Newturf will cancel the ‘Single Placed’ bet when at the start of the race there were less than eight runners.

Newturf.com does not offer any Single Winner bet proposal if less than 8 horses take part.

The ‘Exacta' bet is payable when the two selected horses are declared first and second in the race, in the exact order. Newturf offers the ‘Exacta ' bet for races with at least eight runners. The ‘Tricast’ bet is payable when the three selected horses are declared first, second and third, in the exact order. Newturf offers the ‘Tricast’ bet for races with at least eight starters.

In the event of a cancelled race, whatever the reason, all bets of all kinds, made on the race are refunded.


7 - Cash-out policy

The definition of a game of skill and a game of chance, as well as the rules governing skill-based contests with entry fees and prizes, are set up by each region of the world or country or even state (example : United States). Therefore, the game's cash-out policy, which is defined at Newturf sole discretion, depends on the country where the User is living.

7.1 Countries where users can withdraw available funds from their Newturf account without any limit:
All countries of the European Union except France, Belgium, Czech Republic, Finland, Greece, Italy, Spain and Sweden.
Subject to any change over time.

7.2 Countries where withdrawals are limited to the amount of User's total deposits:
France, Belgium, Czech Republic, Finland, Greece, Italy, Spain and Sweden.
Subject to any change over time.

7.3 Countries where cash-out is not made available from the Newturf account:
For all users living in another country than one of the above listed ones, they are not eligible to any withdrawals from their Newturf account.


8 - Infraction

Without excluding other grounds for appeal and without having to provide any justification on its décicions, Newturf reserves the right to give to any member a warning, to suspend temporarily or indefinitely membership of Newturf services of any member, to suspend temporarily or indefinitely for any member features like private inbox and message boards:
a/ if a member violates the present Conditions or the documents which are incorporated by reference.
b/if Newturf is unable to check or to authenticate information that the member provides (Newturf reserves the right to ask any of it’s clients, at any moments for Proof of Identification),
c/ if Newturf thinks that the behaviour of the member is likely to engage its responsibility or those of other users.
d/ if Newturf believes that local communications inside the game (private inbox and message boards) are likely to affect the game commercially.
e/ if, in the sole and absolute discretion of Newturf, a member harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game or any Newturf representative.


9 - Refusal of responsibility

Account Holders must respect the legislation in force in their place of residence. European citizens are invited to refer to European laws and case laws. Newturf is not authorised to give tax or legal advice to the Account Holders. Those who wish to profit from tax and legal advice are requested to get in touch with the authorities and/or the qualified advisers in the jurisdiction of their residence.

Newturf does not recognize nor accept any responsibility, of any kind, for any prejudice undergone by an Account Holder and/or a third party caused directly and/or indirectly by any:

- Error, misprint, misinterpretation, error of oral and written comprehension, mistranslation, spelling mistake, error of transaction, technical problem, error of recording, obvious error, case of absolute necessity and/or any other related error;

- Infringement with the official terms of Newturf;

- Advice given by Newturf;

- Change in any local law regarding the legality of games of skill or the definition of a game of skill or the definition of game of chance or the implementation of a new licensing system to operate locally in any country a game of skill like Newturf;

- Change in Newturf's cash-out policy.


10 - Actions and appeal at laws

Newturf reserves the right, constantly and at any time, to regulate any dispute in the respect of the principles of equity. If ever Newturf were found responsible in any way possible, by a court and/or a similar authority having jurisdiction on Newturf, the responsibility of Newturf will be limited to the undervaluing Stake and Profit.

In the eventuality, or if the concerned case requires and allows it, this responsibility will be limited to undervaluing amounts credited or debited on the Newturf Account.


11 - Limitation of liability

Save in the case of manifest error on our part, we accept no responsibility and shall not be liable for any consequences that are alleged to have occurred through a Member's use, or misuse, of the Newturf.com Services. WE WILL NOT BE LIABLE TO MEMBERS FOR ANY LOSS THAT MEMBERS MAY INCUR AS A RESULT OF MISUSE OF PASSWORDS, MEMBER NAMES, DIGITAL CERTIFICATES OR OTHER IDENTIFICATION MEANS ACCEPTED BY THE COMPANY FROM TIME TO TIME AND WE ACCEPT NO LIABILITY RESULTING FROM ANY UNAUTHORISED USE, WHETHER FRAUDULENT OR OTHERWISE. If, through use of the Newturf.com Service, a Member causes the Company to publish, whether on the Newturf.com Website, via email or otherwise, potentially defamatory, illegal, obscene or offensive material, that Member agrees that he/she shall be solely liable for the publication of such material and that he/she will indemnify the Company for all costs, penalties, liabilities and charges incurred by it in relation to such publication. THE Newturf.com SERVICE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING,WITHOUT LIMITATION, DAMAGES FOR LOSS OF DIRECT OR INDIRECT PROFITS, ECONOMIC LOSS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) OR ANY DIRECT,INDIRECT, CONSEQUENTIAL OR SPECIAL LOSSES HOWSOEVER CAUSED INCLUDING BUT NOT LIMITED TO ANY LOSS OF CONTRACTS, LOSS OF GOODWILL AND LOSS OF REPUTATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE NEWTURF.COM SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Subject to the foregoing, our maximum liability to any Member howsoever arising shall be limited to the amount of commissions actually received by us from that Member in the previous six months All times on Newturf.com.com are originally listed in GMT time zone. Newturf.com cannot be held responsible for any other interpretation of other time zones displayed time. Force majeure We shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform, or delay in performing, any of our obligations hereunder caused by circumstances beyond our reasonable control including but not limited to government or regulatory restriction, act of God, power cut, trade or labour dispute, act failure or omission of any government or authority, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems (e.g. if a Member or the Company is unable to access his/her/its online service provider), unauthorised access, theft, operator errors, severe weather, earthquakes, floods and strikes or other labour problems. In such an event, we reserve the right to cancel or suspend the Newturf.com Services without incurring any liability. We will not be liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of the Newturf.com Services, or prevent Members from being able to contact us. We will not be liable for any failure to perform by a third party to this Agreement. In particular, we reserve the right to declare null and void any competitions or races that Newturf.com may not be able to settle because of non-performance by a third party.


12 - Indemnification

The member accepts to defend and indemnify Newturf (including legal expenses) along with its affiliated companies, company representatives, directors, agents and employees against any claim or complaint made by a third party, caused or resulting from a breach on his part of these conditions or any document included in it as a reference, or from a breach on his part of any laws or rights of these third parties.


13 - Compliance with the law

Even if Newturf adapts its withdrawal policy to each country, Newturf explicitly mentions that participation in games of skill can be subject to legal restrictions and even forbidden in some countries.

European citizens are asked to refer to European laws and case laws. These restrictions or bans may apply, even if Newturf has the licences which are essential for the organisation of the Newturf game.

Any member who takes part in the gaming services offered by Palamax Betting and Gaming Ltd on Newturf accepts sole liability with regard to the legality of their actions in the eyes of the applicable law.

The member should also note that Newturf is in no way under obligation to provide information, as to the legality of the members actions on this site and that Newturf is not supposed to either warn nor enlighten members in this sense.

More specifically, Newturf is in no way responsible for any damage suffered by the member for not respecting a ban which applies in their country of residence.


14 - Privacy Policy and Data Protection Act

14.1 Any personal information the client supplies to Palamax Betting and Gaming Ltd, whether via the Newturf.com website (including private message functionality)or via any other means will be used for the purposes of determining the client’s suitability as customer and maintaining the client’s accounts.

14.2 If the client has not objected (by not selecting the appropriate option on Newturf.com’s registration section), Palamax Betting and Gaming Ltd may contact the client, on behalf of Newturf.com's commercial partners regarding related products and services that may be of interest.

14.3 You agree that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.


15 - Advertising

Newturf reserves the right to sell advertising space on its site to third parties, including on the pages reserved for its Members' accounts.

The Newturf site may contain hypertext links to other Internet sites. Newturf can not be considered responsible for the content or service of external sites, the operation or access to these sites or relations between the Member and owners of these sites. Newturf does not approve and is not responsible for the content, opinions or products or services sold on these external sites. Newturf can not be held responsible for damages or losses as a consequence of the use, in whatever manner, of these external sites.


16 - Copyright and Trademark

16.1 All of the material on our website including the text, graphics, photographs, pictures, sounds, data, images, audio and video clips (the “Material”) are the exclusive property of Newturf.com and/or the companies or individuals who supply us with the Material. The Material, including compilation, selection, presentation and arrangement thereof, is protected by national laws and international agreements on copyright, moral rights, and other intellectual property rights. You may only use the Material for your personal purposes, without prejudice to the copyright in works featured in the Material. Any other form of use (including in particular reproduction, translation, alteration, modification, distribution, transmission, re-publication, display, broadcast or public representation of the Material is strictly forbidden.

16.2 The Newturf.com name and logo, and any other graphics, logos and trademarks used on our website by Newturf.com Ltd are protected by the laws and international agreements on intellectual property. All other trademarks and trade names appearing on our website (including names or products belonging to third parties) remain entirely the intellectual property of their respective owners.


17 - Disclaimer

17.1 Buying virtual horses cannot be considered as an investment. Newturf.com is a service whose sole proposal is to entertain.

17.2 Due to the nature of the Internet, transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. Newturf.com will not be liable for malfunctions in communications facilities not under our control that may affect the accuracy or timeliness of messages and transactions you send.

Last version
Modified in July 2013