MYRACEHORSE TERMS OF PURCHASE AND SERVICE
These terms and conditions of purchase and service (the “Terms”) tell you the terms on which you may purchase fractional shares in a Syndicate (defined as “Fractional Shares” below) and use the Services that MyRacehorse (as defined below) makes available through www.myracehorse.com and our mobile app (together, the “Site”). The Site is operated by MyRacehorse Services Ltd (see details below) but when you purchase Fractional Shares (as defined below) you are purchasing the Fractional Shares directly from the MyRacehorse group company (“MyRacehorse SPV”) that owns that Racehorse as set out in the purchase terms summary (“Purchase Terms Summary”).
As well as operating the Site, MyRacehorse Services Ltd manages all aspects relating to the purchase and enjoyment of your Fractional Share (including the exercise of any rights and privileges you have as a Fractional Share-Owner) on behalf of any MyRacehorse SPV.
Please read these Terms carefully before you start to use the Site and/or the Services. In particular, your attention is drawn to sections 7, 10, 15 and 19.
By using the Site and/or the Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Site and/or the Services.
1.1 The Site is provided by MyRacehorse Ltd, a company registered in England with company number 13682188 and having its registered address at 5th Floor 10 Finsbury Square, Finsbury, London, United Kingdom, EC2A 1AF (“MyRacehorse”, “we”, “us” and “our”) 1.2 Out VAT number is: [Application submitted, to be updated]
2.1 In these Terms, the following words shall have the meanings given to them below:
“Co-Owner” means any third party (excluding Fractional Share-Owners) having partial ownership in a Racehorse;
“Racehorse” means any racehorse listed on the Site;
“Services” means any services provided by us through the Site, including providing users of the Site the ability to purchase Shares in Racehorses (in accordance with these Terms) and all associated information, content, features and functionality that MyRacehorse makes available through the Site;
“Syndicate” means a collective made up of individuals who own Fractional Shares of a Racehorse through a MyRacehorse SPV;
“Fractional Share-Owner” means you or any other user of the Site that has purchased a syndicate Share;
“Syndicate Share Period” means the period as set out in section 18 during which you own a Syndicate Share, as notified to you through the Site;
“Fractional Shares” means a fractional interest in a MyRacehorse SPV that owns or co-owns a Racehorse which will entitle you to enjoy certain rights as set out in these Terms;
“Third Party Content” means any content uploaded to the Site by any other user of the Site that is not you; and
“Your Content” has the meaning given in section 14.1;
3. HOW TO CONTACT US
3.1 You can contact us by email at email@example.com.
4. HOW WE WILL CONTACT YOU
4.1 We will contact you by sending emails to the email address you provided when creating your account.
4.2 We may also contact you via the postal address you provided when creating your account.
4.3 As such, you must notify us as soon as possible if any of your details change.
5. YOUR ACCOUNT AND PASSWORD
5.1 You are required to create an account with us before you can purchase any Shares or use certain of the Services available on the Site. You can do so by registering at https://myracehorse.com/app/registration.
5.2 You must be a natural person and at least 18 years old to create an account with us.
5.3 You may use the Site for personal use only and not for any commercial purpose.
5.4 You must provide accurate and complete information when creating your account and keep your account information updated. We may suspend or terminate your account and access to the Site if we suspect that any information provided is not accurate or current.
5.5 You are responsible for maintaining the confidentiality of your account details and login credentials, including your passwords or any other piece of information that forms part of our security procedures. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through us following such instructions whether by you or another person.
5.6 You must contact us immediately if you believe that your account has been compromised or if you believe that the security of your account is at risk. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
5.7 You are responsible for all activity under your account even if someone else uses your account.
6. ACCESSING THE SERVICES
6.1 Once you have created your account, you will be able to purchase Fractional Shares on the Site and access certain Services.
6.2 You acknowledge and agree that MyRacehorse may in future introduce certain additional services or features to the Site or choose to provide users with additional rights and benefits which are only accessible upon payment of a fee.
6.3 Unless specifically stated otherwise, any new features, services or software applications introduced shall be subject to these Terms.
7. WHAT HAPPENS WHEN YOU PURCHASE A FRACTIONAL SHARE
7.1 When you purchase a Fractional Share, you are joining a Syndicate relating to the ownership of the relevant Racehorse.
7.2 The percentage of ownership rights associated with a Fractional Share will be displayed to you on the Site.
7.3 MyRacehorse shall determine how many Fractional Shares are to be offered in a Racehorse.
7.4 In the event any Fractional Shares in a Racehorse remain unsold, MyRacehorse may, acting in its sole discretion, sell such Fractional Shares at a higher or lower sum than the original offer price. The price of the Fractional Shares may vary depending on various factors, including the performance of the Racehorse and its age and health.
7.5 You acknowledge and agree that:
- the main purpose of purchasing Fractional Share(s) is your enjoyment. Although your Fractional Shares entitle you to your pro-rata share of any net profits as set out in paragraphs 9.1.4 to 9.1.5 you should not consider the purchase of Fractional Shares to be an investment. It is rare that any pro-rata profit distribution made to you will exceed the purchase price for your Fractional Share(s) and you should purchase your Fractional Share for the experiential value of owning a Racehorse. ; and
- ownership of Fractional Shares comes with risk. Horses are living, breathing, fragile animals and no guarantees are made regarding the outcomes of any purchase or ownership of Fractional Shares, or any races that the Racehorses may participate in.
7.6 The rights associated with ownership of a Syndicate Share will be limited to the rights described in section 9 below.
7.7 You shall enjoy the rights associated with your Fractional Share(s) during the Syndicate Share Period, unless you choose to transfer your Fractional Share(s) to another user of the Site before the expiry of this period.
7.8 You acknowledge that MyRacehorse together with any Co-Owner (if applicable) shall be entitled to make all decisions in respect of the management, training and sale of Racehorses.
7.9 You acknowledge that you are not being issued with any shares in a MyRacehorse SPV and are not being granted any voting rights of any kind when you purchase a Fractional Share.
7.10 You acknowledge that by owning a Fractional Share, you may be subject to the following (as applicable):
- Chapters (J) (Integrity) and (L) of the British Horse Racing Authority’s Rules of Racing during the Syndicate Share Period. You can find the Rules of Racing here https://www.britishhorseracing.com/regulation/ownership/shared-ownership-regulation/; and
Irish Horseracing Regulatory Board Rules of Racing, INHS Rules and (Horse Racing Ireland) Directives (https://www.hri-ras.ie/uploadedFiles/R%C3%81S/RAS/Information_Centre/HRI_Directives_and_Rules/HRI-Directive-Book.pdf?ver=4.1) and the HRI Owner Eligibility Policy https://www.racehorseownership.ie/uploadedFiles/Ownership/Content/Multiple_Ownership/CustomHTML/Racehorse%20Owner%20Eligibility%20and%20Right%20to%20Appeal%20Policy.pdf) or any competent regulatory board rules in a jurisdiction under which a Racehorse may race.
7.11 Fractional Share(s) can only be transferred to other registered users of the Site and provided MyRacehorse has given its prior written consent to the transfer. Please contact MyRacehorse at firstname.lastname@example.org if you wish to transfer your Fractional Share(s) to another user. If you choose to transfer your Fractional Share before the end of the Syndicate Share Period, you will lose your rights in relation to the Fractional Share.
7.12 In the event of the death of a Fractional Share-Owner, all rights and liabilities attached to that Fractional Share shall pass to the personal representatives of that Fractional Share-Owner’s estate.
8. PURCHASING FRACTIONAL SHARES
8.1 You can place an order for a Fractional Share using the Site. Please read and check your order carefully before submitting any order.
8.2 When you have placed your order (e.g. by clicking the ‘place order’ button), we will acknowledge it by email. This acknowledgement does not mean that your order has been accepted by us.
8.3 You understand that you are purchasing fractional shares directly from the MyRacehorse SPV that owns the Racehorse, as set out in your Purchase Terms Summary when you purchase your shares, and that MyRacehorse is facilitating this purchase through the Site.
8.4 Your order will be accepted unless we notify you that an order cannot be processed, including but not limited to the following reasons:
- we cannot authorise your payment;
- you are not legally permitted to buy Fractional Shares;
- the Site inaccurately reflected the amount of shares available;
- there has been a mistake on the pricing or description of the Share.
8.5 Once you click ‘place order’:
- a legally binding contract will be in place between you and the MyRacehorse SPV that owns the Racehorse for the purchase of the Fractional Shares unless the order cannot be accepted; and
a. you will be entitled to the rights described in section 9 below.
8.6 The cost of a Fractional Share does not include any incidental costs Fractional Share-Owners may incur when exercising their privileges in connection with the Fractional Share (such as travel to and from racetracks and stables, admission to racetracks, accommodation etc.). Fractional Share-Owners are solely responsible for such costs.
9. FRACTIONAL SHARE-OWNER’S RIGHTS
9.1 Subject to your compliance with these Terms, ownership of the Share(s) will entitle you to participate in certain (see section 9.2) privileges (as set out here), which are subject to change from time to time, and may include, when available:
1. the right to participate in lotteries relating to the relevant Racehorse for the opportunity to win:
a. a right to visit the Racehorse, and meet its trainer and jockey, at its home stables;
b. a free owner’s badge, and the opportunity to meet Racehorse, trainer and jockey in the parade ring, when the Racehorse races;
c. access to the winner’s enclosure, if the Racehorse wins a race;
2. regular information and updates about the Racehorse and its progress including video content;
3. the opportunity to speak to /communicate with the Racehorse’s trainer, jockey, and the other Fractional Share owners, for example using the MyRacehorse app or social media. Where available, this may include the opportunity to speak to or communicate with other participants;
4. a right to share in the Racehorse’s net prize money (if there is any) due to MyRacehorse SPV as a co-owner of the Racehorse . The net prize money for this purpose will be calculated by MyRacehorse after deducting all costs relating to the upkeep and running of the Racehorse including (a) the costs of continuing to train the Racehorse; maintaining it; feed it; and race it; and (b) our management fee as set out in Purchase Terms Summary when you purchase your Fractional Shares. The remaining balance (if any) will be divided equally between Fractional Share-Owners and distributed to Fractional Share-Owners in proportion to their share-ownership and transferred to your MyRacehorse wallet through the annual payout. These funds can then be withdrawn from your MyRacehorse wallet to a nominated bank account and will be processed in an appropriate time frame;
5. MyRacehorse can, at their sole discretion, choose to payout a special dividend if, for example, the Horse has run for an exceptionally large purse (ie. $4 million Breeders’ Cup race or the $12 million dollar Saudi World Cup). Should this be the case, MyRacehorse will pay out the divided as soon as reasonably possible after the race.
6. a potential share of the profits due to MyRacehorse SPV as a co-owner of the Racehorse if the Racehorse is sold (if there are any). The sale proceeds will be used to settle any costs relating to the upkeep and running of the Racehorse including (a) in training the Racehorse; maintaining it; feeding it; and racing it; and (b) our sale commission as set out in Purchase Terms Summary when you purchase your Fractional Shares. The remaining balance (if any) will be divided equally between Fractional Share-Owners and distributed to Fractional Share-Owners in proportion to their share-ownership and transferred to your MyRacehorse wallet as soon as reasonably possible. These funds can then be withdrawn from your MyRacehorse wallet to a nominated bank account and will be processed in an appropriate time frame;
7. the opportunity to participate in lotteries for paddock entry, and hospitality events, as notified by MyRacehorse to the Fractional Share-Owner from time to time; and
8. the opportunity to purchase merchandise and experience packages.
9. any trophies won by the Racehorse shall belong to MyRacehorse SPV, who in its sole discretion may choose to either donate the trophy to a Fractional Share-Owner via a lottery or otherwise or to create replica trophies which may be shared with Fractional Share-Owners. Under no circumstances are Fractional Share-Owners entitled to any trophy won by the Racehorse.
9.2 You may exercise the privileges you are entitled to throughout the period in which you own your Syndicate Share although it may not be possible to exercise your privileges at all times as, for example, it may not be possible to visit the Racehorse, for instance if the Racehorse is injured, has been moved to a different location, is ill or is in transit. We shall update you as soon as practically possible via email if this is the case. In any event, you will not be able to visit the Racehorse unless a MyRacehorse representative is present and the event is sanctioned as an official MyRacehorse event.
9.3 Please note that Fractional Share-Owners will not have any control or influence over the management, training or sale of Racehorses, irrespective as to the number of Fractional Shares held by them. Such matters shall be dealt with by MyRacehorse together with any Co-Owner (if applicable).
9.4 Any rights granted under this section, where appropriate, will be proportionate to your holding of Fractional Shares in respect of the total amount of shares available for sale.
10. YOUR CANCELLATION RIGHTS
10.1 If you purchase a Fractional Share, you will not have any right to obtain a refund, although you may be entitled to sell your Fractional Share to another user in accordance with section 7.10.
11.1 You can pay on the Site using either credit or debit card or, alternatively,
11.2 We accept the following credit card and debit cards: American Express, Visa and MasterCard.
11.3 We will take payment from your card at the time you place your order. Taking payment does not mean we have accepted your order and if for any reason we are unable to accept your order we will provide you with a full refund within 14 days.
11.4 All prices are in pounds sterling (GBP (£)) and include VAT.
12. MYRACEHORSE’S OBLIGATIONS
12.1 MyRacehorse shall ensure that all Racehorses are assessed by a third party vet prior to being listed on the Site.
12.2 We shall notify you via the Site of:
- the price for which the Racehorse was purchased;
- the trainer(s) of the Racehorse if known;
- the ownership arrangements relating to each Racehorse, including whether the Racehorse is wholly owned by MyRacehorse SPV, partially owned by MyRacehorse SPV (and, if so, the percentage of the Racehorse MyRacehorse SPV owns) or subject to a lease.
- MyRacehorse’s management costs in relation to the Racehorse (which are included in the overall cost of the Fractional Share); and
- the insurance arrangements relating to the Racehorse. Please note that MyRacehorse SPV will be named as the benificary/ies under any insurance policy relating to a Racehorse.
12.3 At the end of each season, MyRacehorse will issue financial statements in respect of each Racehorse to Fractional Share-Owners setting out:
- the prize money won by the Racehorse;
- any other income received in relation to the Racehorse (e.g. from the sale of the Racehorse (if applicable));
- any sums to be deducted from prize money or the sale of the Racehorse (if applicable); and
- the amounts due to the Fractional Share-Owner (if any).
13. YOUR RIGHT TO USE THE SERVICES
13.1 We grant you a limited, non-exclusive, non-transferable licence to use the Site for the purpose of accessing the Services.
13.2 All intellectual property in the Site (including the screen displays, the content, the text, graphics and look and feel of the Site), belongs to us or our licensors. All trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders’ rights. We do not warrant that the Site does not infringe any intellectual property rights of third parties.
13.3 In the event of any claim that the Site or your possession and lawful use of the Site infringes a third party’s intellectual property rights, we will be solely responsible for the investigation, defence, settlement and discharge of any such claim.
13.4 You may not reproduce, republish, transmit or distribute any material, information or content on the Site, or that form part of our Services, without our prior written consent, except in relation to Your Content which may be distributed in accordance with the sharing feature of the Site. We reserve the right, in our sole discretion and without notice to you, to terminate your licence and to prevent future access by you to the Site.
13.5 When using the Site, you may not:
- circumvent, disable or otherwise interfere with any security related features of the Site;
- permit another person to use the Site on your behalf unless such person is authorised by you;
- use the Site if we have suspended or banned you from using it;
- use the Site in any way that breaches any applicable local, national or international law or regulation;
- provide false information about yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload or share content that:
a. is pornographic or indecent, or that contains extreme acts of violence or terrorist activity, including terror propaganda;
b. is harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
c. violates the privacy or other rights of third parties;
d. promotes commercial activities or sales relating to parties other than MyRacehorse, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
e. advocates bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability or impairment;
f. advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, or conduct that causes damage or injury to any person;
g. modify, interfere with, intercept, disrupt or hack the Site;
h. misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Site or any user of the Site’s own equipment;
i. collect any data from the Site other than in accordance with these Terms; or
j. use any automated system including, without limitation, “robots”, “spiders” or “offline readers” to access the Site in a manner that sends more request messages to the Site than a human can reasonably produce in the same amount of time,(referred to together as the “Rules of Acceptable Use” in these Terms).
- 13.6 In addition to the Rules of Acceptable Use, as a registered user of the Service you agree to comply with the Code of Conduct set out in the Annex to these Terms. Compliance with the Code of Conduct is necessary to protect the safety of the Racehorses, trainers and third parties, and to ensure that MyRacehorse maintains regulatory compliance and an excellent reputation and relationship with trainers, yards, track personnel and others involved in the horse industry.
- 13.7 Failure to comply with the Rules of Acceptable Use or Code of Conduct constitutes a serious breach of these Terms and may result in us taking all or any of the following actions (with or without notice):
- immediate, temporary or permanent withdrawal of your right to use the Services and your privileges in connection with your Shares;
- buy back your Fractional Shares in accordance with 18.5
- removal of Your Content;
- issuing a warning to you; or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
13.8 The responses described in section 13.7 above are not limited and we may take any other action we reasonably deem appropriate.
13.9 We reserve the right, in our sole discretion and without notice to you, to terminate your access and to prevent future access by you to the Site.
14. YOUR CONTENT
14.1 When you use the Site, access our social media or any other publicly available platforms (together “Our Platforms”), you may upload reviews of Racehorses and our Services (“Your Content”). These Terms do not give us any rights to Your Content except for the limited rights that enable us to provide the Services.
14.2 You must not upload or share content using the Site unless you have the right to do so.
14.3 We are not responsible for Your Content or any Third Party Content accessible on the Site. You will reimburse MyRacehorse for any liability it incurs in connection with any third party claim relating to Your Content.
14.4 MyRacehorse may, in its sole discretion, remove any of Your Content from the Services.
14.5 Any person may contact us at email@example.com to make us aware that Your Content may infringe their rights or our Rules of Acceptable Use.
- MyRacehorse is offering you the opportunity to experience being a racehorse owner. The experience includes the right (subject to certain conditions) to: (a) visit the horse and meet its trainer and jockey; (b) access the winner’s enclosure, if the horse wins a race; (c) receive regular information and updates about the horse and its progress; and (d) access videos of the horse when it races. If the horse makes a profit, you will be entitled to a share of those profits However, profits cannot be guaranteed; and, even if they occur, they might be small (please section 9 for how profits are calculated). MyRacehorse is not therefore offering you an investment opportunity; and you should not participate as if it was. The fact that this is not an investment opportunity, and that MyRacehorse cannot and does not make investment opportunities available to anyone means that (a) MyRacehorse is not, and it is not required to be, authorised and regulated by the Financial Conduct Authority; (b) if you are dissatisfied with your MyRacehorse ownership experience, you cannot complain to the Financial Ombudsman Scheme; and (c) if we cannot meet our obligations to you, you cannot claim compensation from the Financial Services Compensation Scheme either.
15.2 You should obtain professional or specialist advice before taking, or refraining from, any action based on any Information on this Site. Any reliance that you may place on the Information on this Site is at your own risk. You will need to make your own independent judgment regarding your review of all Information, and you will be solely responsible for any and all purchases of Fractional Shares.
15.3 Whilst we take all reasonable care to ensure the Information is as accurate as possible, we do not guarantee that any of the Information will be complete, accurate or up to date.
16. NO WARRANTY
16.1 We provide the Site on an “AS IS” and “AS AVAILABLE” basis with all faults.
16.2 We do not guarantee that the Site will always be available or be uninterrupted.
16.3 You agree that your use of the Site is at your own risk.
16.4 We will not be liable to you if for any reason the Site and the Services are unavailable at any time or for any period.
17. YOUR PRIVACY
17.1 We need to collect certain personal information from you in order to provide you with the Services we make available through the Site.
18. OWNERSHIP PERIOD
18.1 Your Fractional Share(s) in any Racehorse will lapse, and you will lose all rights associated with such Fractional Share(s) although you will still be able to access the Site and your account, in the event of any of the following:
- the Racehorse is sold; the Racehorse is retired, in which case the Racehorse will either be sold (usually for little money) or donated; or
- the Racehorse dies.
18.2 The decision as to whether a Racehorse should be retired shall be made by MyRacehorse together with any Co-Owner (if applicable). This will be based on various factors, including the performance, age, health and wellbeing of the relevant Racehorse. We will usually be able to ensure that retired Racehorses are rehomed through our network, although there may be times where we need to retire a Racehorse to a specialist rehabilitation centre.
18.3 We may suspend or close your account and/or prevent your access to and use of the Services or the Site with immediate effect if:
- you breach, or we suspect you are in breach of, the Rules of Acceptable Use or Code of Conduct;
- we suspect that you are doing something illegal; or
- in our reasonable opinion, the security or integrity of the Site or Services has been, or may be, compromised or is otherwise at risk.
18.4 We will try to provide you with appropriate notice before we close your account or prevent your access to the Services. However, there may be situations where this is not possible or appropriate.
18.5 If we close your account, we will refund you the cost of your Fractional Share(s) (less our reasonable costs, expenses and fees) and you will lose all of your rights in relation to your Fractional Share(s). When assessing the cost of your Fractional Share(s), MyRacehorse shall use the fair market value of the Fractional Shares to calculate the true value of your Fractional Share(s) in relation to the performance of the Racehorse. This may be lower than the price you paid for your Fractional Share(s).
19. OUR RESPONSIBILITY TO YOU
19.1 We will provide the Services with reasonable skill and care.
19.2 MyRacehorse shall only be liable under these Terms for losses which are reasonably foreseeable and caused by MyRacehorse’ breach of these Terms or MyRacehorse’ negligence.
19.3 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
19.4 In any event, our maximum aggregate liability to you under these Terms (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall in no circumstances exceed the total value of the Shares you have purchased under these Terms.
19.5 Nothing in these Terms excludes any statutory rights which may apply to your purchase of any Shares or use of the Site and associated Services which cannot be excluded, restricted or modified by contract.
19.6 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
19.7 Although we have taken all reasonable care to ensure that the features and functionalities provided on the Site are of a reasonably satisfactory standard, certain features may rely on your device or networks and connections that are beyond our control. We shall therefore not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations to you which is caused by events outside our reasonable control.
20. FURTHER FRACTIONAL SHARE ISSUANCES
20.1 MyRacehorse SPV may, in exceptional circumstances, issue new Fractional Shares from time to time and such circumstances may include where the insurance price for a Racehorse has increased significantly or the costs of maintaining or racing a Racehorse are significantly higher than reasonably anticipated. In this situation, you will be offered a chance to purchase these new Fractional Shares prior to their public sale. If you choose not to purchase these Fractional Shares, (i) your proportion of any net profits potentially due to you under clauses 9.1.4 and 9.1.5 may be reduced and (ii) your chances of success in the lottery may be reduced.
21. UPDATES TO THE SITE
21.1 You acknowledge and agree that from time to time we may update the Site and the Services to improve performance, enhance functionality, reflect changes to our products or regulations, or address security issues.
22. CHANGES TO THESE TERMS
22.1 We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the Site and, where appropriate, notified to you by email. By continuing to use and access the Site following such changes, you agree to be bound by any changes we make. Please review this page frequently to see any updates or changes to these Terms.
22.2 The latest version of these Terms will always be available on the Site.
23.1 While we take all reasonable precautions to keep the Site free from viruses, corrupt files and other malicious software, we cannot guarantee this. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device.
24. THIRD PARTY LINKS
24.1 The Site may contain links to third party websites or resources. MyRacehorse provides these links and resources only as a convenience and is not responsible for the content, products, or services on or available from those websites or in those resources, the links displayed on such websites or the privacy practices of such websites. We recommend that you read and consider these websites’ privacy policies and terms and conditions before providing any of your personal information.
25.1 If you have a complaint or dispute with us relating to the Services, in the first instance, please contact us via firstname.lastname@example.org and we will attempt to resolve the complaint or dispute informally.
25.2 If we are unable to resolve your complaint or dispute with you informally, we will suggest an appropriate consumer focused mediation or arbitration dispute resolution service based on the nature of the complaint or dispute and your location.
25.3 Whilst you are under no obligation to resolve your complaint or dispute using this service, we would hope that you will use this service as we consider this the most cost effective and appropriate way to resolve complaints and disputes with our users.
26. LEGAL STUFF
26.1 The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
26.2 These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
26.3 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
26.4 Any failure by us to enforce any of these Terms shall not be a waiver of them or limit the right to subsequently enforce any of these Terms.
26.5 These Terms shall be governed and construed in accordance with English law. However, this does not exclude any mandatory legal rights you may have in your country of residence, where we are not allowed to exclude such as a matter of law. The English courts will have jurisdiction but this does not affect your ability to make a claim in your country of residence where you have this right.
Annex: Code of Conduct
As a registered user of the Site, you must not:
- visit any Racehorse horse without a MyRacehorse representative present;
- call, email or otherwise communicate with yards, trainers or others in the care or custody of any Racehorse for information about the horse. Any communications should go through a MyRacehorse representative;
- enter the paddock or saddling enclosure related to any Racehorse without first winning a lottery. Winners of the lottery must be escorted by a MyRacehorse representative;
- enter the winners’ enclosure when your Racehorse wins a race if there’s a track restriction and you have not won a lottery spot;
- when visiting a racecourse, infringe the racecourse’s rules and dress requirements;
- advertise the sale of any share in a Racehorse;
- post any abusive, inflammatory, unfairly critical, untrue, slanderous, threatening or disrespectful comments on the MyRacehorse Facebook page or any other public forum managed by MyRacehorse;
- use the MyRacehorse Facebook page or any MyRacehorse communities to solicit products and/or services for yourself or any other person or company;
- attempt to claim ownership of a Racehorse of which you own a Fractional Share or Shares in;
- share any Fractional Share-Owner information disclosed via the Site (such as horse health, race placement, valuations, buyer interest etc.) with any persons who are not Fractional Share-Owners;
- disrespect fellow owners, MyRacehorse staff and anyone associated with MyRacehorse while using social media, visiting racecourses or at events that relate in any way to MyRacehorse