OWN A HORSE TERMS OF BUSINESS

These are the terms and conditions (the “Terms and Conditions”) for the purchase of the Own a horse 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 Own a horse.

For the avoidance of doubt the Service consists of:

A stated percentage Share (the “Share, Shares”) in a specific horse (the “Horse, Horses”) (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 Own a horse;

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 Own a horse. 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.


2. Particulars Of Shares

By accepting these terms and conditions you acknowledge the following:

You have decided to participate in Own a horse purely for the purposes of fun and enjoyment.

You recognise that, while your involvement will confer upon you many of the characteristics of horse 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 Own a horse of acquiring the use of the horse during that period.

You acknowledge that the registered owners, or successor in title, of each horse throughout the period of your involvement shall be Own a horse.

You accordingly acknowledge, in relation to the Horse, that complete authority in relation to the horse shall be vested in Own a horse who shall manage those horses during the Share Period.

For every Horse Own a horse lease or purchase from an owner, Own a horse will give you access to information regarding the Horse 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 guarantee provides a replacement horse for the remainder of the year.

When attending yard visits at trainers premises with Own a horse as an Owner Own a horse 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 Own a horse staff present. We aim to offer a minimum of two visit opportunities for all shareholders; in spring and autumn.

For the avoidance of doubt, Own a horse 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 and yard attendance. You agree to behave in an orderly and respectful manner when communicating with Own a horse. Disregard of reasonable safety instructions and requests, or disruptive behaviour at 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.

There is no commitment to pay for another share after the Share Period has expired. There is no commitment by Own a horse 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 videos of training or competing there are no specific guarantees. Shareholders take the chance that their Horse will perform to the trainers expectations when purchasing a share, but if expectations are not met Own a horse are unable to compensate shareholders in any way. This is all part of the ownership experience.  Horses are prone to injury, accident and illness and may become unable to be ridden of trained for periods of time. Yard visits may be postponed, re-scheduled or cancelled.

All decisions relating to the Horses, trainers, administration, and general management, shall be vested in Own a horse.

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 order will be fulfilled. 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 horse 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: info@ownahorse.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 Own a horse hereunder to any person purchasing the service exceed the amount paid by that person.

7. 
   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.
   
   8. 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.
   
   9. 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 info@ownahorse.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.
   
   As required by the Data Protection Act 1998, Own a horse 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, Own a horse 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 Own a horse postings is strictly reserved by Own a horse 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 Own a horse. 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 Own a horse and that neither the content or the advertising material therein or any other content of Own a horse may be altered, varied, added to or subtracted from without their prior consent in writing.
   
   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.