Ownaracehorse Terms of Business
These are the terms and
conditions (the "Terms and Conditions") for the purchase of the
Ownaracehorse service (the "Service"). This Service is provided to
you, the buyer ("you", "your") on the basis that you accept the
terms of this contract. It is a legal agreement and it sets out the
rights and obligations of you and Ownaracehorse Ltd.
("Ownaracehorse") including its agents, sub-contractors and all
group companies ("we", "us", "our").
For the avoidance of doubt the Service consists of:
Access to the Ownaracehorse Horse Manager (the “Horse Manager”). The
Horse Manager is the Ownaracehorse internet based racehorse
information and management system;
A stated percentage Share (the “Share, Shares”) in a specific
Racehorse (the "Horse, Horses, Racehorses") (or a number of horses),
for a specified period of time (the “Share Period”). During the
Share Period your Shares provide you with participation in the
ownership experience and are managed in all aspects by
Ownaracehorse;
By purchasing the Service you are agreeing to be bound by these
Terms and Conditions:
1. Use of the Service
As part of this Service we may provide access to certain graphical
and textual information, email communications, video and audio
footage, photographs, text images, statistics, logos and other media
and intellectual property related to Ownaracehorse or the company's
licensees. All design, text, graphics, footage and the selection or
arrangement thereof are the copyright of us or our respective
licensees. We reserve the right to refuse to accept your purchase
request.
You warrant that the information which you provide when you register
is true, accurate and complete in all respects.
In order to use this Service or access the content, you must (a)
obtain access to the World Wide Web and pay any service fees
associated with such access; (b) provide all equipment necessary to
make such connection to the World Wide Web, including a computer and
modem or other necessary access device: we recommend that you login
to our demo account area to ensure that you can access content
satisfactorily; (c) have Windows Media Player (the "Software")
installed on your terminal. Your use of the Software is subject to
the terms of the licence granted to you by the relevant licensor. We
are not providing and are not responsible for the Software, or for
any problems caused by the Software, computer hardware or computer
operations systems.
Your right to access the Service is personal to you. You are wholly
responsible for your access to the Service by any person using your
terminal or point of presence and you are responsible for ensuring
that any such person also fully complies with these Terms and
Conditions. You agree to access the Service in a manner consistent
with any and all applicable laws and regulations in the country from
which you have accessed this Service.
You must not (nor authorise or permit any other party to):
(a) abuse your access to the Service or use it for any unlawful
purpose;
(b) access the Service in a way that may cause the set, software,
applications and other equipment used by us to provide this Service
(the "System") to be interrupted, damaged, rendered less efficient
or impaired;
(c) access or record the Service in any manner which violates or
infringes the rights of any person, firm or company (including
without limitation rights of intellectual property, confidentiality
or privacy);
(d) reproduce, modify, distribute or publish the whole or any part
of the content of this Service without our prior written permission;
(e) sell, assign, transfer or delegate to another person or entity
all or any of your rights and obligations in the Service or any part
of it;
(f) access the Service from any computer terminal installed at a
licensed betting office in the UK and/or Ireland.
2. Particulars Of Shares
By accepting these terms and conditions you acknowledge the
following:
You have decided to participate in Ownaracehorse purely for the
purposes of fun and enjoyment.
You recognise that any involvement in Racehorse ownership cannot be
regarded as an investment and, although an involvement can be
profitable, that the risks of loss are high and that you might lose
a significant proportion or even the full amount of your initial
outlay.
You recognise that, while your involvement will confer upon you many
of the characteristics of Racehorse Ownership, it will not confer
upon you any proprietorial interest in any Horse(s) but a right to
participate (pro rata with any other participants in the same
arrangement) in the amount by which any prize money surpluses
generated by the horse during the period of your involvement exceed
the costs to Ownaracehorse of acquiring the use of the horse during
that period.
Prizemoney payments are capped at a maximum of £30,000 penalty value
per horse per race unless a share of 1% or more is owned, when
prizemoney is uncapped. Due to the expensive cost of enrollment, and the nature of
race bonuses, we do not include these costs in the price of your racehorse. As such,
we cannot include any bonus winnings in prizemoney payments.
Unclaimed/unused prizemoney is stored in your Racehorse
Manager account indefinitely in live accounts. If you have no live shares and do not
access your account for a period of 6 months following the season end, your account
will be archived and any unclaimed prizemoney will be paid to our currently supported racing charity.
You acknowledge that ownership of the Horse for the purposes of the
Rules of Racing shall, throughout the period of my involvement,
remain with Ownaracehorse whose proprietorial interest in each
Racehorse may, in turn, be a leasehold or other temporary interest
only and that Ownaracehorse may not necessarily be the legal owners
of the racehorse.
You acknowledge that, for the purposes of the Rules of Racing, the
registered owners, or successor in title, of each Racehorse
throughout the period of your involvement shall be Ownaracehorse
Ltd. – a Limited Company formed in accordance with the Rules of
Racing.
You accordingly acknowledge, in relation to the Racehorse, that
complete authority in relation to the Racehorse shall be vested in
Ownaracehorse who shall manage those horses during the Share Period,
for the rateable benefit of you and all others involved in the
racehorse and so that you and the other participants in the
racehorse will share pro rata, according to your respective
entitlements.
For every Horse Ownaracehorse lease or purchase from an owner,
Ownaracehorse will give you access to information regarding the
Horse and may give you a percentage of winnings, but the Service
does not provide for any claim to ongoing ownership of any Horse.
In some circumstances a horse may be sold or retired during the season.
The most likely reason is horse welfare. In such circumstances our
racing guarantee provides a replacement horse for the remainder of
the season;
When attending yard visits at trainers premises or attending the
races with Ownaracehorse as an Owner Ownaracehorse will not be
liable for any personal injury. You attend these events at your own
risk. Yard visits are only available at pre-registered times with
Ownaracehorse staff present. We aim to offer a minimum of two visit opportunities
for all shareholders; in spring and autumn.
Racecourse rules state that Children under 16 are unable to be
admitted to the parade ring at any racecourse. However, children are welcome at our yard visits.
For the avoidance of doubt, Ownaracehorse manages all communication and
visits to the trainers premises. Shareholders must not contact their trainer direct.
You may register for a yard visit in your account and will be kept informed when
the visit dates are set in spring and autumn.
We have some simple rules regarding general behaviour, badge
allocation and racecourse attendance. You agree to behave in an
orderly and respectful manner when communicating with Ownaracehorse,
at the races, to our Helpdesk or attending yard visits. Disregard of
reasonable safety instructions and requests, or disruptive behaviour
at the races or yard visits will result is your share and the
service being suspended without notice. Any threatening, slanderous
or abusive communications will result in your Horse Manager Account
being terminated without notice. Further details are posted in the
'Help' area of the 'Horse Manager'.
There is no commitment to pay for another share after the Share
Period has expired. There is no commitment by Ownaracehorse to
provide more shares in the same Horse after the Share Period has
expired;
In view of the unpredictable nature of the industry, no specific
guarantees can be made in any respect. For example; whilst the
intention of each Horse we advertise is to provide runs in races,
and an interest for the full length of the Share Period, there are
no specific guarantees. The spread of runs, the results and
finishing positions of racehorses and the cessation of racing by the
horse for whatever reason, at whatever time during the share period,
cannot be controlled or guaranteed. Shareholders take the
chance that their Horse will perform to the trainers expectations
when purchasing a share, but if expectations are not met
Ownaracehorse are unable to compensate shareholders in any way. This
is all part of the ownership experience. Horses - and particularly racehorses in
training - are prone to injury, accident and illness and may become
unable to race for periods of time and share periods may finish
early as a result. Yard visits may be postponed,
re-scheduled or cancelled;
Some Ownaracehorse horses may run in selling or claiming races and
may therefore be sold in accordance with the race conditions. If
this is likely it will be stated within the Horse's profile in the
'View the Horses' area of the web site. Alternatively, an
Ownaracehorse horse may break down or become injured and may be
unable to race any further during the Share Period. If either of
these events occur before your Horse has met the conditions of our
'Value Guarantee', stated in each Horses individual online profile, Ownaracehorse will set the Horse status to ‘Transferred’ and
will allocate an alternative Horse, of Ownaracehorse’s choosing, to
your account for the remaining Share Period. The substitute Horse
will not attract any winnings to your account but you will be able
to request owners raceday badges and attend any yard visits;
All decisions relating to the Horses, trainers, administration, and
general management, shall be vested in Ownaracehorse.
3. Payment
You must pay the share purchase fee (the "Fee") applicable to the
specified horse in accordance with the fee notified to you at the
time of purchase.
The Fee will be automatically billed against the credit/debit card
number that you provide in the registration form. Our payment agent
will notify you by email that we have debited your credit/debit card
and that you have been granted access to the Service. The email
message will constitute our acceptance of your request to access the
Service. Our acceptance of your order will be deemed complete and
received by you at the time and date we send the email, which time
and date is specified on the email. We accept no responsibility for
you not actually receiving the email for reasons outside our
control.
4. Cancellation and Refunds
Once you have paid for the Service or a Gift Pack, no refunds or
cancellations are permitted. Gift Vouchers may only be used to
purchase racehorse shares, no cash refunds are permitted.
However, if you wish to make any suggestions or notify us about any
matter in respect of this Service, please contact us by sending us
an e-mail at: helpdesk@ownaracehorse.co.uk
5. Disclaimer of warranties
We are providing the Service and System on an "as is" basis and make
no representations or warranties of any kind with respect to either
the Service or System or their content including (without
limitation) implied warranties and/or conditions as to completeness,
accuracy, satisfactory quality and fitness for a particular purpose,
except to the extent required by law and/or conditions. We do not
warrant that the Service will meet your particular expectations or
requirements or that it will be uninterrupted, timely, secure or
error-free, nor do we make any warranty as to results or the
accuracy of any information obtained by you through the Service,
except to the extent required by law and/or conditions.
Additionally, and save as required by law, no term which, but for
this disclaimer, would or might be implied by law so as to
constitute a term hereof shall be implied. If and to the extent that
it may be applicable to these Terms and Conditions section 13 of the
Supply of Goods and Services Act 1982 is hereby explicitly excluded.
6. Limitation of liability
Neither we nor any of our directors, employees or other
representatives (nor the directors, employees or other
representatives of our agents, sub-contractors or group companies)
will be liable for damages, in contract, tort or otherwise including
negligence, arising out of or in connection with the provision of
access to the Service. You confirm that we shall not be liable to
you or any third party for any modification to, suspension of or
discontinuance of the Service. This is a comprehensive limitation of
liability that applies to all damages of any kind, including
(without limitation) compensatory, direct, indirect or consequential
damages, loss of data, income or profit, loss of or damage to
property and claims of third parties. We do not limit or exclude our
liability for death or personal injury resulting from our
negligence. In no circumstances shall any liability of Ownaracehorse
hereunder to any person purchasing the service exceed the amount
paid by that person.
7. Suspension and Termination
We may suspend or terminate the Service or your access to the
Service at any time in our absolute discretion if:
(a) your access to the Service is considered to be in breach of
these Terms and Conditions or the Website Terms and Conditions; or
(b) your behaviour or actions at yard visits or at the racetrack
place other shareholders at risk or reduces other shareholders
enjoyment of the Service; or
(c) a court or competent regulatory authority requires our provision
of the Service to be terminated.
8. Maintenance
From time to time, your access to the Service may be suspended in
order for work to be carried out relating to the upgrading or
maintenance of the System or otherwise as necessary for the
provision of the Service. We shall give as much notice as is
reasonable in the circumstances and shall endeavour to ensure that
such works are carried out as expeditiously as is possible in the
circumstances.
9. Licence to download material
We grant you a non-exclusive, non-assignable, and non-transferable
licence to use, view and display, for personal use only, one copy of
any material that you may be required to download in order to access
the Service, including, but not limited to, any files, codes, audio,
or visual images incorporated in or generated by the software
(collectively "Downloaded Material") provided, however, that you
maintain all intellectual property related and other notices
contained in such Downloaded Material. You acknowledge and agree not
to sublicense, assign, or otherwise transfer this license or the
Downloaded Material. You also agree not to alter, disassemble,
decompile, reverse engineer, or otherwise modify the Downloaded
Material.
10. Indemnity
You agree to fully indemnify us immediately on demand against all
claims, liability, damages, costs and expenses, including legal
fees, arising out of any breach of these Terms and Conditions by you
(or any other user in your household or anyone else who may access
the Service through your terminal using your password) or any other
liabilities arising out of your or their use of or access to the
Service and/or the System. You shall provide us with notice of such
claims, full authority to defend, compromise or settle such claims
and reasonable assistance necessary to defend such claims, at your
sole expense.
11. Tax
You may be subject to taxes on your registration, which are levied
in respect of the Service. These duties and taxes plus any
additional administrative charges for customs clearance must be
borne by you; we have no control over these charges and cannot
predict what they may be. Customs and taxation policies vary widely
from country to country; you should contact your local customs or
tax office for further information.
12. General
Any notices we send will be sent to the email address you supply
during the registration process. Any notices you send us should be
sent by email to helpdesk@ownaracehorse.co.uk. Notices will be
deemed to have been delivered, whether dispatched by e-mail or
otherwise, at the time of receipt.
If we fail to exercise or enforce any right we have under these
Terms and Conditions such failure will not be deemed to be a waiver
of that right nor will it prevent us exercising or enforcing that
right on a later occasion.
If any provision of these Terms and Conditions is found to be
illegal, devoid of legal effect or unenforceable, these Terms and
Conditions shall be construed as if the relevant provision had been
deleted.
No refunds will be made in connection with any postponement or
cancellation of events, for whatever reason.
Users are required to register to use the Ownaracehorse Horse
Manager, access to the owners areas requires the user to open a
owners account with Ownaracehorse by completing a registration form.
The right to use the account is personal to the user and the user
shall be responsible for protecting the confidentiality of the
password, and for ensuring that no unauthorised access is obtained
to the Ownaracehorse. The user is fully responsible for all actions
undertaken using the password for its account. We monitor all
individual accesses to the Ownaracehorse owners area and will
suspend accounts who are misusing their membership. We allow 2 IP
addresses per day to access the owners area on a single account. Any
more than two IP addresses detected in one day will freeze your
account immediately.
If you experience any difficulties while attempting to access
Ownaracehorse, contact the Owners Helpline by e-mailing helpdesk@ownaracehorse.co.uk
Ownaracehorse may terminate the users access to the owners area
immediately without notice if the user is in breach of any of these
terms and conditions or may terminate the users access to the owners
area if any charges for these services are unpaid. In the event of
such termination, the user will not be liable for any refund of
monies paid for Share Periods which have not reached their expiry
date.
As required by the Data Protection Act 1998, Ownaracehorse follows
strict security procedures and takes appropriate measures to ensure
that the users personal information is not damaged, destroyed or
disclosed without the users consent and to prevent unauthorised
access to it. However, Ownaracehorse cannot be responsible for and
therefore excludes all liability for loss or misuse of personal
information which is intercepted or otherwise misused by
unauthorised persons.
Copyright in all Ownaracehorse postings is strictly reserved by
Ownaracehorse and no material therein may be stored or recorded in
any storage and retrieval system, mechanical, electronic or
photographic and no part of it may be transmitted or reproduced in
any way without written permission of the Ownaracehorse. This
website is provided subject to the conditions that, when otherwise
supplied, it will appear in the same form in all respects exactly as
supplied by Ownaracehorse and that neither the content or the
advertising material therein or any other content of Ownaracehorse
may be altered, varied, added to or subtracted from without their
prior consent in writing.
Ownaracehorse and its partners shall take all reasonable steps to
ensure a high quality Service. However, we cannot control Internet
network congestion that may occur and affect the quality of the
Service. We are not responsible for any suspension of service that
may occur in content that is received from other third parties.
For certain services we will accept purchases only from residents of
certain geographical areas. This will be indicated clearly at the
time of purchase. You are responsible for respecting this clause. If
we believe you have provided false information, we reserve the right
to terminate this contract and your access to the Service. We will
not be liable to you for any breach of these Terms and Conditions by
us due to any cause beyond our reasonable control.
We reserve the right to vary and/or update these Terms and
Conditions from time to time without notifying you. Updated Terms
and Conditions will be posted on this website and can be viewed by
you at any time. We recommend you check back regularly to ensure you
are aware of any changes. Changes to the Terms and Conditions will
be deemed to have been accepted by you if you continue to access the
Service from the date the updated Terms and Conditions are so
posted.
We may assign or transfer all or any of our rights and obligations
under these Terms and Conditions to a group company or other third
party. In the Service of assignment or transfer, notification will
be given to you by e-mail. This Agreement constitutes the entire
agreement between us and you with respect to this subject-matter and
excludes any representations or warranties previously given or made
other than any fraudulent misrepresentation and it may be amended
only by us on notice to you.
These Terms and Conditions and your access to and use of Service are
subject to the laws of England and Wales and you submit to the
exclusive jurisdiction of the courts of England and Wales.
Last updated 22nd January 2022