Terms & Conditions
TERMS & CONDITIONS
1.1 These terms and conditions ("Terms and Conditions") tell you the rules for using this website (including but not limited to our desktop websites, desktop applications, mobile websites and native mobile applications (collectively, our "Platforms"). You should understand that by availing of any of our services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1.2 If you have any questions about the terms and conditions please email firstname.lastname@example.org.
1.3 Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.
2. ABOUT US
2.1 https://www.strideracing.io (our site) is a site operated by Thoroughbred Syndicate Management Services Limited (the “Company”) a Limited Company registered in Ireland under company number 708375 and with the registered office at Whitethorn, Stephenstown North, Two Mile House, Naas, Kildare, W91 AD8N, Ireland.
2.2 The Thoroughbred Syndicate (the “Syndicate”) is constituted as a racing Syndicate formed in accordance with the Irish horseracing Regulatory Board (IHRB) Rules of racing, INHS Rules, horse racing Ireland (HRI) Directives, the British horseracing Authority (BHA) Rules of racing and associated Codes of Conduct.
2.3 The Syndicate and all matters associated with the running of the Syndicate including those relating to the racehorses, trainers, administration and general management will be decided by the Company in its sole discretion. Decisions made by the Company shall be final, binding on the Syndicate’s members and not open to query or appeal. The registered owners, or successor in title, of each racehorse throughout the period the duration of the Syndicate shall be the Company.
2.4 For the avoidance of doubt, it is the Company that owns the racehorse, rather than the members. All involved in the Syndicate enjoy the benefits of the racehorse ownership, which may include race day tickets and visits to the stables.
3. YOUR STATUS
3.1 By using this website, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old;
4. ACKNOWLEDGEMENT AND ACCEPTANCE
4.1 Through enrolling and/or using the Thoroughbred Syndicate you become a Member of the Thoroughbred Syndicate ("Member") and you agree to be bound by these terms and conditions. Participation in the Thoroughbred Syndicate is offered at the sole discretion of Thoroughbred Syndicate Management services Limited who own and operate the Thoroughbred Syndicate.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
5.1 Each Membership and account is for use by the registered account holder only. You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account. The Company reserves the right to suspend and/or cancel your account and Membership subscription if we suspect that you have shared your account details with another party and allowed them to access your account. You agree to immediately notify the Company of any unauthorised use of your password or account or any other breach of security.
6. TERMS OF PARTICIPATION
6.1 Your acceptance of our Terms confirms your awareness and acceptance of the following:
- That by becoming a Member of the Syndicate you agree to abide by the IHRB Rules of racing, INHS Rules and (HRI) Directives;
- That by becoming a Member of the Syndicate, you agree to allow the Company to provide your details to HRI. HRI requires Member details for client identity verification, subsequent client management and communications from HRI. Please read full Privacy Notice on www.hri.ie. Please note that this is a requirement from HRI;
- That you made the decision to become a Member of the Syndicate voluntarily and purely for leisure;
- That while your involvement will resemble many of the characteristics of racehorse ownership, you are not a legal owner of any horse;
- That Members take the chance that their horse will perform as expected when purchasing a membership share, but if expectations are not met, the Company may not be able to reimburse loss in each case. Horses – and particularly racehorses in training – are exposed to injury, accident and illness and may become unable to race for periods of time and share periods may finish early as a result. Yard visits can be rescheduled or even cancelled;
- That should a racehorse, due to injury or sickness, be unable to race any further during the Syndicate membership period. If this happens, the Company will set the horse status to ‘Temporarily Unavailable’. Should this occur, the Company will allocate an alternative racehorse (of its choosing) to your account for the remaining share period. No right to replacement applies to other periods;
- That in the event the Company form the view that a should be retained and a new syndicate formed, members will be informed by the Company before the original syndicate period expires;
- That when attending yard visits at trainer’s premises or attending the races with us, the Company will not be liable for your personal injury or injury of the others who accompany you at premises. You confirm that you are fully aware of the risks related to the said events;
- That when attending races with us, you agree to adhere to the dress code specified by the particular racecourse;
- That attendance to the racecourse is strictly limited to over 18s only;
- 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.
- Videoing is not permitted however there will be time allocated for pictures.
- By attending such an event, members accept that photography may take place and that it may be used 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 the racecourse or at a trainer's yard.
- That subject to being able to obtain insurance, the racehorse will be insured by the Company against All Risks of Mortality only for such values as the Company, in its discretion and with any necessary advice, considers prudent;
- That the Company is unable to make specific guarantees in any respect. Though the intention of the Company is to provide all racehorses to run in races, and an interest for the full length of the share period, this is not a guarantee. The spread of runs, the results and final scores of horses and the discontinuation of racing by the horse for whatever reason, at whatever time during the share period, cannot be fully predicted. You accept that there is a risk of loss and you may forfeit a proportion or even the full amount of your initial contribution;
- That the Company is obliged to give you access to information regarding the racehorse and you may be entitled to a percentage of prize money. Any potential entitlement will be proportionate to your membership share amount and will be net of relevant costs to the Company. Relevant costs include trainer, jockey and racing deductions and a Management fee to the Company. The relevant Governing body of Ireland and the UK will complete entitlement calculations and membership the Company will advise members directly of any entitlement due. Payments will be made at the end of the syndicate period;
- That in rare circumstances it may happen that the racehorse is sold or retired during the season. The Company at its discretion reserves the right to offer the horse for sale at auction. In the event that a racehorse is sold during the syndicate period, members may receive a pro rata refund of their membership fee;
- That where the racehorse is sold during the period in which the membership shares are held, then a proportionate amount of the sale price may be transferred to the Syndicate Members. Any potential entitlement will be calculated proportionate to your membership share amount and will be net of relevant costs to the Company of acquiring and maintaining the and services. Relevant costs will be deducted from the gross sale price.
- That where the racehorse is sold outside the period in which the membership shares are held, the amount of the sale price shall be transferred to the Company and you will have no entitlement to any part of the sale price;
- That during the membership share period, your membership share(s) entitle you to participate in the ownership experience and that your membership share(s) does not constitute ownership in an identified racehorse;
- That you are aware that purchase of membership shares in racehorse always assumes risk of loss. The prices of membership shares may vary and do not have to be equal. User may own maximum amount of 10 shares;
- That your entitlement to any benefit associated with membership share ownership will cease after the stated period; That the Company will in all cases set the membership share period. Details of the membership period relevant to your shareholding will be clearly set out for Syndicate members and specify the membership share cost, the start and end dates and the membership share volume;
- On behalf of the Syndicate Member the Company take responsibility to promote the re-training and re-homing of our racehorses when their career ends. The Company will work with a number of accredited rehoming center’s - geographically spread across Ireland and the UK to provide welfare care when and where it is needed. In all cases the animal’s future welfare will remain paramount.
7. INTELLECTUAL PROPERTY
7.1 You acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the https://www.strideracing.io website (hereinafter referred to as "Intellectual Property") are solely owned by the Company. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.
Digital imagery copyright: Thoroughbred Syndicate Management Services Limited
All website design, text, graphics, the selection and arrangement thereof and all software are copyright of Thoroughbred Syndicate Management Services Limited. ALL RIGHTS RESERVED
8. FORCE MAJEURE
8.1 If the Company is prevented from carrying out its obligations under these Terms as a result of any cause beyond its reasonable control, including but not limited to unavailability of any communication system, virus attack in the Company’s technological systems, breach, sabotage, war, pandemic, strikes, lock-outs, floods and failure of service providers, wars, acts of government, then in such an event, the Company shall be relieved of its obligations and liabilities under these Terms.
9. LIMITATION OF LIABILITY
9.1 The Company and its employees, affiliates, officers, employees, agents, directors, licensors or any other person associated with the development, operation of the Website or services shall not be liable under any circumstances (whether in contract, tort, negligence or otherwise) to a user or any third party for any indirect, incidental, consequential loss including but not limited to data loss, business interruptions, loss of profits, sales, businesses, irrespective of the fact whether the user has been advised of the possibility of the foreseen/unforeseen loss/damages. In no circumstances will any liability of the Company to any person purchasing the service be greater the fee paid by that person.
10. INDEMNITY AND WAIVER
10.1 Users of this website (“User”) shall indemnify and hold harmless the Company, its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, employees against any and all claims brought by a third party for actions arising from or related to the unauthorized use of the Website/services, including but not limited to the misuse or operation of the Website/services in combination or modification with other hardware or software belonging to a third party alleging infringement and/or misappropriation of its intellectual property rights. Moreover, if User is aware of the said claims, the User shall provide the Company with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
11.1 The Company may assign or transfer all or any of its rights and obligations under these Terms to a group company or other third party. In the service of assignment or transfer, notification will be given to you by email.
12. SUSPENSIONS, CANCELLATION AND TERMINATION
12.1 User may cancel or terminate the Subscription of the services at any time, with immediate legal effect. However, in doing so, the User shall not be entitled to any refunds of any kind either in full or on pro-rata basis, even if the cancellation happened before the expiry of the User then effective share period.
12.2 If the Company believes that a User has breached any of the obligations of these Terms, including any unpaid fees, the Company reserves a right to immediately suspend, cancel, terminate, remove and/or discard any and all current and future use of the services. In addition, the Company shall not be liable to such User or any third party for suspension, cancellation, termination or discontinuation of the services. This also means that there is no right to receive Fee refund.
12.3 The Company has a right to cancel, suspend or terminate the service or your access to the service at any time in our entire discretion if:
- Your access to the service is considered to violate any of the Terms; or
- Your behaviour or actions at yard visits or at the racetrack place causes risk for third parties or reduces other shareholders enjoyment of the service; or
- A court or competent regulatory authority orders our provision of the service to be terminated or suspended.
12.4 In the event of such termination, the User will not be liable for any refund of monies paid for share periods, which have not reached their expiry date.
12.5 The Company reserves the right to modify or discontinue any or all part of the services either temporarily or permanently.
13. NO PARTNERSHIP/JOINT VENTURE
13.1 Nothing in this agreement shall be construed as forming a partnership or joint venture with members and no third party company will have the right or ability to create any obligation the Company’s behalf.
14. GOVERNING LAW
14.1 This agreement shall be governed by Irish law and the Member consents to the exclusive jurisdiction of the Irish courts in all matters regarding it.
15.1 If at any time any one or more provisions of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this agreement shall continue in full force and effect.
16.1 In the event that a dispute arises pursuant to the Terms, the following process shall be followed:
- The Member with the dispute shall inform the Company of the nature of their Dispute. Details of the dispute should be emailed with any supporting documentation to: email@example.com;
- On receipt of the notification the Company will investigate the matter and endeavor to resolve the Dispute informally;
- Where the Dispute cannot be resolved informally, an independent third party shall be appointed as mediator via the Alternative Dispute Resolution (‘ADR’) process. The ADR process allows a period of 90 days to reach a resolution.
16.2 If the Dispute cannot be settled by via the ADR process, the Courts of Ireland will determine the outcome of the Dispute.
16.3 In no event shall any Member commence any legal proceeding against the Company without first providing the Company written notice of the Dispute with sufficient detail to allow the other Company to evaluate the dispute and negotiate its resolution.