- The following words shall have the meanings set out below:
- the business of providing event, forming, marketing and managing racehorse syndicates as carried on by the company under the trading name Let’s Get Racing Syndicate Ltd
- Let’s Get Racing Syndicate Ltd Company number 12280379
- the terms and conditions set out in this document which govern all syndicates and racing club.
- any horse acquired by the company for the purpose of forming a syndicate and racing club.
- all industrial and intellectual property rights now or subsequently owned by or licensed to the company (including without limitation) & Let’s Get Racing Ltd, domain names, patents, trade marks and service marks (whether registered or unregistered), registered designs, unregistered designs and copyrights (and any applications for any of the same) which are used in connection with the business and all confidential information so owned and used.
- all such persons in one syndicate who wish to lease a horse from the company. They will be known as members. The term member shall relate to one person in such a syndicate/club and be for the horse defined in the agreement of lease/member
- membership of the club is available to all provided you can comfortably meet the upfront payment. A membership share is effective for a full period of as specified on the ‘product’ at point of sale, from the date on this agreement and the club is called Let’s Get Racing Club.
- means a division of the ownership of a racehorse as determined by the company at its absolute discretion.
- The lease will run from the time payment is received at point of sale for the duration detailed on the ‘product’.
- a racehorse syndicate formed, marketed or managed by the company for the purpose of the business.
- all such terms and conditions issued by the company that govern one specified syndicate alone and are described by the company as being specific to that syndicate.
- means both the general terms and conditions and syndicate terms and conditions in relation to any one syndicate.
- The company carries on the business of events, forming, marketing and managing racehorse syndicates under the trading name Let’s Get Racing Syndicate and Let’s Get Racing Club.
- The lease of the Horse under this Agreement (the “Lease”) will run for the Lease Period.
- The member shall be obliged to extend or renew this lease and any extensions will be subject to a written agreement between the parties.
- The Terms and Conditions form the basis of the contract between the company and the Member. An application by a person to join a syndicate/racing club shall be deemed to be an offer to become a Member pursuant to the Terms and Conditions and such application shall only be deemed to be accepted when the company issues an online acknowledgement confirming that the person is a Member
THE SYNDICATE/RACING CLUB
- The name shall be Let’s Get Racing Syndicate. Let’s Get Racing shall appear on declarations and not in any one person’s name. Let’s Get Racing is a registered Racing Club with BHA/Weatherbys and has its own dedicated Weatherbys Bank Account for it’s transactions only.
- The syndicate/racing club and all matters associated with it shall be managed by the company whose decisions shall be final, binding on the Members and not open to query or appeal. If any person considering becoming a Member is not happy with this, they should please not proceed with their application to become a Member. (Note: The company will, from time to time, seek advice and guidance from such persons as trainers/vets/stud managers to help reach decisions).
- The choice of racing silks and syndicate name will be the company’s decision alone.
- The company owns the business and the Intellectual Property. The company derives its income from managing the syndicate/racing club. The Members are the valued clients of the business and all client information is strictly confidential. The data relating to the company’s clients are protected by, and subject to The General Data Protection Regulation (EU) 2016/679 GDPR. Any attempt to access the client database or to obtain any personal information relating to the Members (including for example names, addresses or other personal information) by any means is prohibited. (Note: it is important that the company protects itself from any possibility of any person or persons taking the syndicate away. It also helps protect clients from being approached by anyone who offers a personal view, claiming expertise in matters relating to the business of training, racing and keeping, a racehorse)
- A lease provides racehorse and racing experiences for a fixed period of time. Whilst some racehorses turn out to be brilliant performers and increase in value, the majority do not and therefore the purchase of a share must not be treated as an investment expense. It is an entertainment. Furthermore, because a racehorse is a living creature, there can never be any guarantee that he or she will perform sufficiently well enough to win races or to even make a racecourse appearance.
- The lease cannot be sub-divided.
- The lease cannot be purchased by a person under the age of 18.
- The company alone determines how many leases it permits for each horse or horses.
- The company alone determines how many racing club members it permits to join the clubs it forms
- Lease shall not in any way be transferred, transmitted, given, offered for sale or offered as a gift or otherwise disposed of except as expressly provided in the Terms and Conditions. Leases may not be charged or offered or granted as security to anyone other than to the company. Leases may not be subject to any third party rights or interests.
- In acquiring a lease a Member does not acquire a share in the company or the company’s business. The legal and beneficial ownership of the business shall at all times remain vested with the company absolutely.
- A Member must only use his/her lease for personal enjoyment and must not use the Share for any commercial purpose.
- Where a lease is being purchased as a gift for someone else, the donor of the gift is required to nominate a recipient (at the time of payment) who shall be a person over the age of 18 and at the point of purchase, the nominated recipient shall automatically become the owner of the lease and shall be bound by Let’s Get Racing Sydicates terms and conditions. All ownership rights shall belong to the nominated recipient of the gift. This means that payments from Let’s Get Racing Sydicates, including, for example; share of prize money and VAT refunds (where applicable) will become due to the recipient, even though the recipient did not make the purchase. Renewals will be sent to the nominated recipient of the gift.
- In the event of the death of a Member, prior to the dissolution of the syndicate, all rights and liabilities attached to that lease shall pass to the personal representatives of that Member’s estate.
- The price payable by the Member for the lease covers all costs associated with racing and training the racehorse, for the duration of the term of the syndicate.
- Before the lease period is due to expire, the company will give an opinion (a guide) as to whether or not the horse should be retained and a new syndicate formed. Members will then be invited to make a decision whether or not to continue into the next syndicate period.
- Members who have not renewed their lease before the end of the syndicate period will cease to receive any share of prize money won by the horse in races after that date and will not have any involvement in, the relevant new syndicate period.
- Where a share of prize money is due to the Member, this sum will be specified in the Member’s general account and can be claimed in the normal way at any time, or used in whole or part towards the purchase of extended lease or, new syndicate(s).
- Where a syndicate is recommended for extension and members are invited to renew their interest by joining for the new syndicate period.
- The decision whether or not to send the horse to the sales (or to offer for sale privately or to retire) shall be the company’s alone and not open to negotiation or debate.
- A Member can request the company to pay the whole or part of any credit held in the Member’s account at any time. Such payment shall be made by cheque and subject to the deduction of a £25 fee (inc VAT) to cover the cost of administration, postage and bank charges.
- The company reserves the right to offer the horse for sale at public auction for any reason whatsoever and at any time.
- All Club horse(s) are leased and, if sold, the company will endeavour to find a replacement(s) as quickly as possible
- Members must pay lease fee (the “Fee”) applicable to the specified horse in accordance with the fee notified at the time of purchase. Fees are inclusive of VAT.
- The Fee will be automatically billed via PayPal against the credit/debit card number that the member provides in the registration form. PayPal will notify members by email that the company have debited your credit/debit card and that the names member has been granted access to the Service. The email message will constitute our acceptance of your request to access the Service. The company acceptance of the order will be deemed complete and received at the time and date the company sends the email, which time and date is specified on the email. We accept no responsibility for not actually receiving the email for reasons outside the companies control.
- There will be no reimbursement of the registration or membership lease fees should club members wish to terminate their membership with their 12 month agreement. Each share is non refundable
- Where the company’s fees relating to syndicate management and racing/training, amount to a sum greater than the company’s actual costs, the Members shall not be entitled to any refund. Conversely, Members are not asked for any additional payments where the company incurs costs greater than the price paid by the Members during each term of the syndicate. The price payable by the Member for the share, covers costs associated with racing and training the racehorse, for the duration of the term of the syndicate, save for any costs involved in racing outside of Great Britain (racehorse transport, race entry fees/supplements, trainer/jockey/groom/ Let’s Get Racing Syndicates representative expenses) and Group/Listed/Graded race entry fees in Great Britain, which shall be deducted (at cost price) from the total net prize money accrued by the horse. In the event that the costs for Group/Listed/Graded races are not covered by overall prize money won by the relevant horse in the syndicate period, the loss will be absorbed by Let’s Get Racing Syndicate and therefore no further payment will be required from any Member, in any event.
- All racing costs, which include training fees, entry/declaration fees, vets fees and all other racing/horse costs. This amount is usually set at around £32,000 per syndicate, per annum. Note: Where the company costs incurred are greater than the set sum, no extra payment is sought and, conversely, where the actual costs are less than the set sum, no refunds are made.
- The rehoming and welfare of any race horse is important to the company who will choose a retired race horse welfare charity and the members contribution will be deducted from their annual fee.
- All sums stated above are subject to VAT at 20% which is included in the annual fee
- Members are not entitled to:
- a. any Breeders’ Prizes or other income which is due to the breeder of the Horse;
- b. any stud fees or income relating to any breeding arrangement involving the Horse;
- c. any income or interest in any progeny of the Horse;
- d. any proceeds arising from the sale of the Horse;
- e. any income arising after the termination or expiry of the Lease Period; or
- f. any owner’s premium or bonus.
- All Members have the opportunity to apply to have the VAT element of their share payments to the company refunded. Members are NOT obliged to participate in the VAT refund application. If a Member wishes to be part of the VAT refund application, they must submit their National Insurance number to dawn@letsgetracing .co.uk within 7 days of purchasing a lease, unless they have already done so. By submitting a National Insurance number, a Member agrees that their data will be shared with HMRC. Whilst the company will go through the procedure of requesting a refund on behalf of all participating Members, the company cannot guarantee that HMRC will actually provide a refund. If a refund is successfully received, the refund will be added to a Member’s account after the current syndicate period ends. Note: the VAT refund scheme does not include horses in the breeding programme.
- Most racecourses impose restrictions on the number of people allowed into the paddock and winner’s enclosure for health and safety reasons. When the number of Members who want to attend exceed the racecourse’s figures, a ballot will be held to determine place allocation and any complimentary badges supplied by the racecourse will be given away to Members. The quantity of persons permitted to enter the paddock area is controlled by the racecourse and is limited to those persons who have been allocated an ‘owners badge’ for that particular race only. Entry costs to the racecourse are normally the responsibility of the Member. Members may not enter the pre-parade ring area, even if they are in possession of an owners badge. Note: the pre-parade ring is the area where horses are saddled and then paraded, before they make their way into the paddock area. Persons entering any area of the racecourse on an unauthorised basis may be reported to the Stewards and this could result in a racecourse ban.
- Any member who is granted a racecourse ‘owners badge’ agrees to abide by the racecourse dress code. Owners badges are limited to first come first served.
- Stable visits are organised from time to time and are published in advance in the monthly magazine. These can sometimes become oversubscribed, particularly with the top trainers. Early application is therefore advised but no guarantee of a place can be made. A member can bring one guest (more at some visits) but there is an entrance charge for each guest. Some stable visits are not entirely suitable for disabled visitors and therefore accessibility needs to be checked prior to booking.
- The company may from time to time take photographs or video footage at the racecourse , event or at a stable event. By attending such an event, Members accept that such photography may take place and that it may be used by the trainer and company in the public domain with no payment made to any participant. Members not wishing to appear, need to position themselves behind the camera but there are still no guarantees of exclusion. Members also need to be aware that various television companies will show live or recorded scenes at our events, racecourse or at a trainer’s yard.
- Where a declared horse becomes a non-runner in a race, we will endeavour to relay this information to members as soon as possible, but there could be occasions where we are unable to do this. All decisions relating to entries and declarations are made by the trainer, meaning a horse becoming a non-runner and we cannot accept any responsibility or liability in relation to a horse not running in a race. A horse can be withdrawn from a race for a number of reasons, including the health/fitness of the horse, or a change to the ‘official going’ (ground conditions).
- All Intellectual Property, including, without limitation, all intellectual property rights relating to the image and name of any horse, The Let’s Get Racing , the company name, logo and the racing colours are and shall remain legally and beneficially vested with the company alone.
RACE PRIZE MONEY / TROPHIES
- Race prize money (the sum paid by Weatherbys in accordance with the rules of horse racing) is distributed amongst the Members of the syndicate/racing club concerned at the end of each lease term, save where a sum in excess of £ 200,000 accrues, in which case distribution shall be made within a reasonable period from the date of the company’s receipt from Weatherbys, private banking.
- Where a horse does not live up to expectations on the racecourse, or fails to ever make it to the racecourse, the Members shall not be entitled to any refund. However, where prolonged training is not in the best interest of the welfare of the horse, the company will recommend premature closure of the syndicate /racing club.
- Choice of trainer shall be vested with the company alone. The company may decide to change trainer for any reason whatsoever.
- All decisions relating to training and racing are normally placed in the charge of the trainer whilst the horse is in his/her care. (Note: the company believes that an appointed trainer will be best placed to make assessments relating to racing and welfare issues. Indeed, the company pays the trainer for his or her professional services and therefore normally does not interfere; however, the company reserves the right to override any decision made by the trainer).
- If at any time one or more of the provisions of these Terms and Conditions becomes invalid, illegal or unenforceable under any law or is held by a court to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions
- Thereof shall not in any way be affected or impaired thereby.
- The company reserves the right at its discretion to amend or vary the Terms and Conditions from time to time and will supply the syndicate Members with copies of the latest revised version which shall apply with effect from the date stated in that latest version.
LAW AND JURISDICTION
- The contract (including for the avoidance of doubt the Terms and Conditions) shall be governed by and construed in all respects in accordance with the laws of England, and the Member and the company hereby agree to submit to the exclusive jurisdiction of the English Courts.
- The failure by the company to enforce at any time or for any period any one or more of the Terms and Conditions shall not be a waiver of them or of the right at any time subsequently to enforce any or all Terms and Conditions.
- If any provisions of the general terms and conditions at any time conflict with any provisions of the syndicate terms and conditions, the syndicate terms and conditions shall prevail.
- Any person who is banned from entering a racecourse and/or ‘warned off’ by the British Horse racing Authority, cannot become a member of the company.
- All text created by the company and Let’s Get Racing (including, but not limited to, all horse reports and these terms and conditions), as well as all photographic images, transmitted both still and moving, including written and spoken words, are subject to copyright law and cannot be copied or transmitted in any format. This restriction includes the placing of any such copyrighted material within social media sites, such as, but not limited to, Facebook and Twitter.
- 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 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, and that funds are not derived from anything other than lawful activity.
- 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. 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.
- (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.
PARTICULARS OF LEASES
- You have decided to participate events, race horse events purely for the purposes of fun and enjoyment, and to meet with like minded racehorse owners who want to join an inclusive group.
- 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 acknowledge that ownership of the Horse for the purposes of the Rules of Racing shall, throughout the period of my involvement, remain with Let’s Get Racing Syndicate whose proprietorial interest in each Racehorse may, in turn, be a leasehold or other temporary interest only and that the company 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 Let’s Get Racing Syndicate– a Limited Company formed in accordance with the Rules of Racing.
- For every the company lease or purchase from an owner, the company 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;
- When attending yard visits at trainers premises or attending the races with the company as a member the company will not be liable for any personal injury. You attend these events at your own risk. Racecourse rules state that Children under 16 are unable to be admitted to the parade ring at any racecourse.
- 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 the company, at events, at the races, to our team or attending yard visits. Let’s Get Racing Club is an inclusive members club. 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 Account being terminated without notice
- Each lease is valid from the date of purchase specified on the ‘product’ at point of sale. There is no commitment to pay for another lease after the lease has expired. There is no commitment by the company to provide more shares in the same Horse after the lease period has expired;
- Some horses may run in selling or claiming races and may therefore be sold in accordance with the race conditions. If this is likely members will be notified. Alternatively, a horse may break down or become injured and may be unable to race any further during the lease period.
- All decisions relating to the Horses, trainers, administration, and general management, shall be taken by the company.
Definition of the duration of the lease and price to be paid upfront for that period of lease. Products are found on www.letsgetracing.co.uk and other marketing materials advertising services, leases, events, merchandise and other saleable items offered by Let’s Get Racing Ltd and associated companies. All are known as products.
CANCELLATION AND REFUNDS
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. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation) and nominate who your gift is for. You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g by giving you rights as a business.
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 the company/Lets Get Racing hereunder to any person purchasing the service exceed the amount paid by that person.
SUSPENSION AND TERMINATION
- (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.
- 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.
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.
- 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.
- 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. Applied tax may not be used as a set off.
- 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 email@example.com
- 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, and the rest of the agreement remains in place.
- No refunds will be made in connection with any postponement or cancellation of events, for whatever reason.
- If you experience any difficulties while attempting to access the company, contact the team by e-mailing firstname.lastname@example.org
- The company 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 lease period which have not reached their expiry date. Any member found to be acting inappropriately whilst visiting a racecourse or the stables will automatically be excluded from the syndicate/racing club. There is no right to appeal.
- As required by GDPR, the company 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 the company 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, so called ‘hacking’.
- Copyright in all Let’s Get Racing and the company postings is strictly reserved by Lets Get Racing and the company 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 from the company. 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 the company and that neither the content or the advertising material therein or any other content of the company and Let’s Get Racing may be altered, varied, added to or subtracted from without their prior consent in writing.
- Let’s Get Racing and the company 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.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials. We will provide the following after-sales service: Contact regarding horse performance and potential visits/events.
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods to you. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected.