2 Using the Site
2.1 The Site is for your personal and non-commercial use only.
2.2 You agree that you are solely responsible for:
2.2.1 all costs and expenses you may incur in relation to your use of the Site; and
2.2.2 keeping your password and other account details confidential.
2.3 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected]
2.5 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
3 Ownership, use and intellectual property rights
3.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). This material includes but it not limited to the design, layout, look, appearance, logos and graphics on the Site. We reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
3.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust, to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
3.3 Trademarks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission, or the written permission of the third party owner (where it is owned by someone other than us).
4 Submitting information to the Site
4.1 If you wish to place a Listing on the Site relating to a Co-Ownership Entity that you manage, you must comply with Clauses 4.2 to 4.9. By submitting an application for a Listing you confirm that you and your Co-Ownership Entity comply, and will continue to comply, with these Terms.
4.2 Your Co-Ownership Entity must comply with the following requirements:
4.2.1 It must not be regulated by the Financial Conduct Authority (which you can check by searching the Financial Services Register at https://register.fca.org.uk/);
4.2.2 If the Co-Ownership Entity is a company:
(a) membership of the Co-Ownership Entity must not involve, require, or in any way grant participants or members shares in the company; and
(b) any financial return payable to a participant (such as prizemoney returns or proceeds of sale of bloodstock) is made via financial remuneration and not by the way of shares in the company.
4.2.3 The the Co-Ownership Entity enables participants to share in the use or enjoyment of property and may not provide any financial return. This must be clearly stated in all of the Co-Ownership Entity’s terms and conditions and/or other communications, such as its website; and
4.2.4 It must be registered with the British Horseracing Authority.
4.3 We do not guarantee that every application to post a Listing will result in the Listing being published. Once a Listing is submitted, we will review it to confirm the following:
4.3.1 That your Co-Ownership Entity does not involve the purchase or granting of shares in a company;
4.3.2 That your website and terms and conditions clearly state that the membership of the Co-Ownership Entity may not provide any financial return.
4.3.3 That your website focuses on and emphasises the non-financial benefits of racehorse ownership, and does not overuse wording consistent with investment activity (such as investment or profit); and
4.3.4 That your Co-Ownership Entity is duly registered with the British Horseracing Authority.
4.4 Before placing a Listing on the Site, you confirm that you have taken independent legal advice to satisfy yourself that (i) the Co-Ownership Entity would not fall within the definition of a “Collective Investment Scheme” as defined in section 235 of the Financial Services and Markets Act 2000 (FSMA); or (ii) an exclusion applies to the Co-Ownership Entity under the FSMA (Collective Investment Schemes) Order 2001. If you include in your Listing any material that attracts any intellectual property rights, such as trademarked material or logos, you agree that we can publish that material on the Site for the purposes of, and for the duration of, the Listing. You must have all the necessary consents in place to publish the photograph or image which you submit with your Listing, including consent from any individuals who are pictured.
4.5 Your application for a Listing must comply with the general Submission standards in clause 5 of the Acceptable Use Policy. You are responsible for ensuring the accuracy of the information submitted in a Listing, at the time of submission and throughout the Listing being published on the Site. You should keep your Listing under review and update it through the function on the Site.
4.6 While we hope that the Site will improve the publicity of Co-Ownership Entities in racing in Great Britain, we cannot make any commitment or promises to you that having your Listing published on the Site will result in any benefits to you, such as increased participation or membership in your Co-Ownership Entity.
4.7 We do not conduct any assessment or review of users of the Site. You are encouraged to conduct your own assessment of any individual who might join your Co-Ownership Entity or who you might otherwise engage in any personal or commercial arrangement. This might include credit check, references, and agreeing a formal written contract that covers the terms and conditions of becoming a member or your Co-Ownership Entity.
4.8 We may remove your Listing at any time if you are in breach of these Terms, if you or your Co-Ownership Entity are found to have breached the Rules of Racing or if you otherwise behave in a way which could objectively be regarded as bringing us, ownership of racehorses or the sport of racing into disrepute. At a minimum, we will remove your Listing if it comes to our attention that you are in breach of clause 4.2 above.
4.9 If we believe your Listing is incorrect, we will let you know what we believe is incorrect and why, and ask you to review your Listing within a specific, reasonable period of time. If you do not confirm to us that it is correct, or do not update it within that period of time, we will take down your Listing until you get in contact with us to clarify the correct information.
5 Feedback and Unwanted Submissions
5.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
5.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
