Terms of Service

Please read these terms and conditions carefully before using our platforms, syndicates or leased products.

These terms and conditions ("Terms and Conditions") tell you the rules for using any or all of our websites and/or applications (including but not limited to our desktop websites, desktop applications, mobile websites and native mobile applications (collectively, our "Platforms").

 

These Terms and Conditions also set out where our liability is limited or excluded and circumstances if you breach any of the terms set out herein. We strongly recommend that you read these Terms and Conditions thoroughly. Where our liability is excluded, we shall not be liable to you for any losses, costs or amounts in respect of such liability. Where our liability is limited, we will not be liable to you for any losses or costs that you may incur above such limit in respect of such liability. Nothing in these Terms and Conditions shall exclude or limit yours or our liability which cannot be legally excluded or limited under applicable laws.

 

Who we are and how to contact us

Our Platforms are operated by SD Publishing Ltd and/or our Agents  ("We"). We are registered in Regional Development Centre. Dublin Rd, Unit 26.Dundalk Louth A91 E36P Ireland.

 

There are other terms that may apply to you

These Terms and Conditions refer to the following additional terms, which also apply to your use of our Platforms and Ownership experiences:

 

TERMS OF SERVICE

TERMS OF SERVICE SUNDAY DIGITAL PUBLISHING

 

DEFINITIONS
In these Terms and Conditions, unless the context otherwise requires, expressions shall have the following respective meanings:

Business: means the business of forming, marketing and managing racehorse clubs as carried on by the Company under the trading name “All About Sunday”.

 

Club: means a Racehorse Club formed, marketed or managed by the Company for the purpose of the Business.

Company: means Sunday Digital Publishing Ltd (“SD Ltd”), Unit 8, Regional Development Centre, Dublin Road, Dundalk, A91E36P Louth, Ireland.

 

Intellectual Property: means all intellectual property rights now or subsequently owned by or licensed to the company (including without limitation) 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.

 

Member: means an individual who owns Membership share(s) in a Racehorse Club.

 

Membership: means a specified percentage Membership Share (the “Share”, “Shares”) of an identified Racehorse(s) for a limited period of time (the “Share Period”). 

 

Racehorse: means any horse (in whole or in part) acquired by the Company for the purpose of forming a Club.

 

Membership Share: means a share in an ownership experience club of a single Racehorse for the time specified by the Company and as determined by the Company at its absolute discretion.

·  Terms and Conditions

These Terms and Conditions (“Terms”) form the basis of the contract between SD Ltd (the “Company”) and the Member. The Terms as outlined relate to Club Membership, use of the Services and access to the domain https://allaboutsunday.com (“Website”) made available by SD Ltd the “Company”.  

 

Membership, access to the Services and/or Website is provided to you, the User (hereinafter also "you", "your") on the basis that you accept the Terms as outlined in this document. If you do not agree with the Terms as outlined, you should not become a Member, utilise the Services or access the Website. By becoming a Member, utilising the Services or access the Website, you agree to be bound by these Terms. 

 

The Services and Website are owned, operated and made available by the Company. The Company retains the right to terminate or ban users that breach the Terms. If the Terms refer to usage our Website and do not state expressly that they apply to app, it should be assumed that, a specific term also applies to our app.

 

The information contained in these Terms is correct as at March 2022. Where there are any material changes, the Company will notify you in writing or by publishing revised Terms on the Website. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. 

 

We respect the privacy of our users. For details of how we collect and use your information please see our Privacy Policy. 

 

The laws of Ireland will govern these Terms, and any dispute arising from, or in connection with them. The Courts of Ireland have exclusive jurisdiction in relation to all matters concerning the Terms.

 

You must be at least 17 years of age to access our Website, mobile app or use our Services. 

 

·  The Club

The SD Ltd Syndicate (the “Club”) is constituted as a Racing Club 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. 

 

The Club and all matters associated with the running of the Club 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 Club’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 Club shall be the Company.  

 

For the avoidance of doubt, it is the Company that owns the Racehorse, rather than the Members. All involved in the Racing Club enjoy the benefits of the Racehorse ownership, which may include race day tickets and visits to the stables.

 

·  Membership and Shares

Your acceptance of our Terms confirms your awareness and acceptance of the following:

 

• That by becoming a Member of the Club you agree to abide by the IHRB Rules of Racing, INHS Rules and (HRI) Directives;  

 

• That by becoming a member of the Club, 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 Club 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 Club 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 along with access to the parade ring with Sunday is strictly limited to members able to present their invitation/owners badge prior to entry;

 

• 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.

 

• Sunday may from time to time take photographs or video footage at the racecourse 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 Sunday 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 15% 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 Club 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 and will include a 15% management fee for the Company along with an agent’s fee of 5% and trainers fee of 5%;

 

• 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 the Company will issue financial information via the App, to individual Club, which will detail relevant expenses and income or prize money generated by that Club;

 

• 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 Club Members and specify the Membership Share cost, the start and end dates and the Membership Share volume;

 

• On behalf of the Club 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. 

 

·  Access and Use of the Service

As a Member, you may access our Service via our App, the Sunday Racing App (“App”). You are hereby notified that the Company retains a right to update and change the App any time.  You receive the app "as is" and with no warranty attached. 

 

4.1 Use Description

The Service, and any content viewed through our Service, is solely for your personal and non-commercial use. Where you accept and comply in full with these Terms and all other applicable Policies, the Company grants you personal, non-exclusive, non-transferable, limited privilege to access and use the Website, Services and App.  As part of this access we may or may not grant limited access to certain graphical and textual information, including email communications, video and audio recording, mobile apps (including App) pictures, text images, statistics, logos and other media and intellectual property related to the Company or the company's licensees. All design, text, graphics, recording and the selection or arrangements thereof are the copyright of the Company or of our respective licensees. 

 

4.2 Registration Obligations

You will be required to register with the Company in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted through the Service’s registration form.  You hereby consent 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.  We retain the right to reject any purchase request.  For certain services we may accept purchases only from residents of certain geographical areas. However, this information will be announced prior to purchase.

 

4.3. Member Account, Password and Security

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.

 

In order to use this Service or access the content, you agree that you will:

1. Obtain access to the Internet accepting that you are liable for all service fees associated with such access and including you provide all the equipment required to facilitate the said access;

 

1. Have Windows Media Player (the "Software") installed on your device. Your use of the Software is subject to the terms of the license granted to you by the relevant licensor. The Company are not providing and are not responsible for the Software, for any problems caused by the Software, computer hardware or computer operations systems.

 

In order to use this Service or access the content, you agree that you shall not:

1. Abuse your access to the Service or use it for any unlawful purpose;

 

1. 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;

 

1. 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);

 

1. Reproduce, modify, distribute or publish the whole or any part of the content of this Service without our prior written permission;

 

1. 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;

 

1. Access the Service from any computer terminal installed at a licensed betting office in the UK and/or Ireland.

 

Moreover, you hereby represent that you shall not authorise or shall not permit any other party to breach the provisions stipulated in subsections (1) – (6) above.

 

4.4 Social Media 

By enabling comments on our Social Media pages, including on the App, we aim to encourage commentary and debate among Members. 

 

Your acceptance of these Terms confirms you are aware that the Company reserve the right to remove without notification any comments deemed to be defamatory, threatening, racist, sexist, homophobic, or otherwise offensive. Users who indulge in particularly egregious commenting behaviour may be permanently barred from further participation in conversations. We will not enter into correspondence about deletions or bans. Access Restrictions to comments on App and Sunday social media will be applied indefinitely.

 

4.5 Modifications to Service

The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  The Company have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.

5. Fees and Charges

You are required to make one payment for the entire period/season. There is no commitment to pay for another share after the Share Period has expired. There is no commitment by the Company to provide more shares in the same Racehorse after the Share Period has expired.  

 

The Company has the exclusive right to change the Fee upon renewal of the Share Period. The Company retains the exclusive right to offer promotional discounted Fee during specific periods of time.

 

If a User, for any reason, fails to pay their relevant Fees, or the payment is due or becomes delinquent, such User shall immediately make the payment within three (3) business days of the Company’s notice. Failure of which will enable the Company to charge a monthly interest at the rate of 1.5% on any outstanding balance, or the maximum permitted by law plus all expenses of collection, and/or may result in immediate suspension or termination of the User’s account to access and/or use of the Website/Services.

 

Depending on your jurisdiction you may be obligated to pay taxes, which are levied in respect of the Service. Users must pay these duties and taxes, plus any additional administrative charges for customs clearance. The Company does not have control over these charges and cannot predict the due amounts. Customs and taxation policies vary widely from country to country; you should contact your local customs or tax office or tax advisor for detailed information or legal advice.

6. Suspensions, Cancellation and Termination

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.

 

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. 

 

The Company have a right to cancel, suspend or terminate the Service or your access to the Service at any time in our entire discretion if:

(a) Your access to the Service is considered to violate any of the Terms; or

(b) Your behavior or actions at yard visits or at the racetrack place causes risk for third parties or reduces other shareholders enjoyment of the Service; or

(c) A court or competent regulatory authority orders our provision of the Service to be terminated or suspended.

 

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.

 

The Company reserves the right to modify or discontinue any or all part of the Services either temporarily or permanently.

7. Maintenance

The Company endeavors to provide/make available the Website/Service/App in an uninterrupted manner to the Users. However, the Website/Service/App may be subject to down time and/or may not be available temporarily due to scheduled maintenance activity initiated by the Company and/or its service providers and such scheduled maintenance activity may or may not be intimated to the Users through email by the Company In addition, the Website/Service/App may be unavailable due to unscheduled emergencies and/or for other causes beyond the Company and/or its service providers’ reasonable control.

8. Intellectual Property

Any and all intellectual property rights, including but not limited to copyrights, inventions, patents, trademarks, trade secrets, domain names, know-how, which subsists now or in the past or which subsists in the future regarding the Website and/or Service and/or App shall exclusively belong to the Company and those rights shall not be reproduced or disclosed or used in their original or translated form by the User/Subscriber that might jeopardize the legitimate interests of the Company in any manner, either directly or indirectly.

 

Users are only granted limited rights to access the Website and/or use the Service and/or use the App as expressly stated herein. 

9. Force Majeure

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.

10. Disclaimer of warranties 

The Company does not provide warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, title, fitness for a particular purpose or usage and non-infringement because the website/app/ services is provided and is made available on an “as is” basis. 

11. Limitation of liability

The Company and its employees, affiliates, officers, employees, agents, directors, licensors or any other person associated with the development, operation of the Website/Services/App 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.

12. Indemnity

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/App, including but not limited to the misuse or operation of the Website/app/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. 

12. Severability

If a court of competent jurisdiction declares any provision of the Terms to be void and the judgments, such invalid provision shall be severed and have no effect on the remaining provisions of the Terms and they shall continue in full force and effect.

13. Assignment and transfer 

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. 

14. Decision Making

An authorised agent shall decide all matters relating to the management of the syndicate with the appointed trainer managing all decisions relating to the training and racing of a Racehorse. The agent shall communicate regularly to the Members any decisions made in relation to the Racehorse.

15. Dispute Resolution Process

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: help@sundayinteractive.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.
• If the Dispute cannot be settled by via the ADR process, the Courts of Ireland will determine the outcome of the Dispute.  

 

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.

16. Communication

Any notices and other communications to Users will be sent to the email address you provided during the registration process. Notices shall be deemed to have been delivered whether dispatched by e-mail or otherwise, at the time of receipt.

 

Any notices, complaints or other communications to the Company should be by email addressed to help@sundayinteractive.com. In the event that the email delivery fails, notice can be sent to:

 

Sunday Digital Publishing Ltd,

Unit 8, Regional Development Centre, 

Dublin Road, Dundalk,

A91E36P 

Louth

Ireland

 

Terms and Conditions Leased agreement

 

This Agreement is made by:

(1) the Owner Sunday Digital Publishing Ltd; and

(2) Lessee Racing Syndicate and Sunday Digital Publishing Ltd.

 

AGREED TERMS

These terms of use refer to the following additional terms, which also apply to your use of our Platforms

https://www.allaboutsunday.com/pages/terms-of-service 

 

1. Registration

Owner shall be responsible for the registration of this Lease 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. The Lessee shall provide such assistance as may reasonably be requested by Owner to confirm the same.

 

CONTRACT

2. The Terms and Conditions herein form the basis of the contract between the company and the Member. An application by a person (consumer) to join a syndicate shall be deemed to be an offer to purchase a share, pursuant to the Terms and Conditions. The issuing of a share certificate with its unique share number, shall be confirmation of the company's acceptance of the consumer's offer to purchase.

 

3. Lease Period

3.1 The lease of the Horse under this Agreement (the “Lease”) will run for the Lease Period.

3.2 Neither the Owner nor Lessee shall be obliged to extend or renew this Lease and any extensions will be subject to a written agreement between the parties.

 

THE SYNDICATE

4. The syndicate and all matters associated with it shall be managed by the company whose decisions shall be final, binding on the syndicate's 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).

 

5. The choice of racing silks & syndicate name will be the company's decision alone.

 

6. The company owns the business and the Intellectual Property. The company derives its income through the management of the syndicate. 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 Data Protection Act 1998. 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).

 

7. The Horse

7.1 Sunday Digital Publishing and/or partners represents and warrants that:

a. it owns all right, title and interest in and to the Horse and ;

b. the Horse matches the description set forth in the Agreement Information;

c. Sunday Digital Publishing and/or partners is the sole legal and beneficial owner of the Horse and has the right and authority to lease the Horse and to enter into this Agreement;

d. all written statements made by the Owner to Lessee in respect of the Horse prior to this Agreement were and are accurate and true;

e. to the best of the Owner’s knowledge the Horse has no unsoundness or health problems that would make the Horse unfit for racing; and

f. the Owner has disclosed to Lessee all material issues relating to the Horse (if any) that the Owner is aware of that might impact on the Horse’s ability to race during the Lease Period.

 

8. No assurances

8.1 Save as specified in clause 3.1, the Horse is leased “as is” and the Owner makes no representations or warranties in respect of the Horse to the fullest extent permitted by law. In particular, the Owner provides no warranties or representations regarding the future soundness or performance of the Horse.

8.2 Save as specified in clause 3.1, Lessee acknowledges and agrees that Lessee has not relied on any assurances by the Owner in respect of the Horse or Lessee’s decision to enter into this Agreement.

 

9. Lease entitlements

9.1 Lessee shall be entitled to keep for Lessee’s own benefit (in proportion to his or her Lease Share) all prize money, appearance money and other income earned by the Horse during the Lease Period after industry deductions, except as set forth in clause 5.2.

 

9.2 Lessee is 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.

 

9.3 Unless otherwise agreed in writing with the Owner, the Horse shall run in the name and colours of the Owner throughout the term of the Lease Period.

 

10. Costs and payment obligations

10.1 In return for the Lease, Owner shall be responsible for all costs which the Horse gives rise to during the Lease Period except for the Excluded Costs set forth in clause 6.2. The costs to be borne by Owner shall include, without limitation, the following:

a. all reasonable veterinary costs (save for Excluded Costs) incurred during the Lease Period;

b. all training-related costs;

c. all costs relating to the entering and running of the Horse in races, including all transportation and stabling costs;

d. the costs of keep and care for the Horse (e.g. stabling, shoeing as needed and other relevant costs) and other costs passed on by the Trainer (if applicable);

 

11. Choice of trainer shall be vested with the Owner alone. The Owner may decide to change trainer for any reason whatsoever.

 

12. 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).

 

15. Illness, injury or death of Horse

 

15.1 If the Horse shall die during the Lease Period then the Lease (and this Agreement) shall there upon come to an end.

 

15.2 If the Horse suffers an illness or injury which requires the Horse (in the reasonable opinion of the Owner and the Trainer after consultation with a qualified veterinarian) to cease being trained for the remainder of the Lease Period then, unless otherwise agreed between the parties, the Lease (and this Agreement) shall immediately (upon Lessee being notified of such decision) come to an end.

 

15.3 If the Horse suffers an illness or injury which should not (in the reasonable opinion of the Owner and the Trainer after consultation with a qualified veterinarian) prevent the Horse from being trained again before the end of the Lease Period then, unless otherwise agreed between the parties, the Lease (and this Agreement) shall continue in full force and effect in accordance with the terms 

 

15.4 If the Horse suffers an illness or injury before it's maiden race which requires the Horse (in the reasonable opinion of the Owner and the Trainer after consultation with a qualified veterinarian) to cease being trained, unless otherwise agreed between the parties, the Owner will replace the horse with an alternative.

 

19 No transfer

Lessee may not sub-let the Horse or assign, sub-contract, delegate, transfer or encumber any of its rights or obligations under this Agreement except with the Owner’s express prior written consent

 

20  Termination

20.1  This Agreement will automatically terminate in the following circumstances:

 

20.1.1 at the end of the Lease Period;

 

20.1.2 on the death of the Horse;

 

20.1.3 on the death of Lessee (where Lessee is one individual);

 

20.1.4 in the circumstances set forth in clause 9.2;

 

20.1.5 upon the sale of the Horse; or

 

20.1.6 in the event the Owner and Lessee expressly agree in writing to terminate the Lease Period early.

 

.1) and if such breach is incapable of remedy or is not remedied within 5 days of Lessor notifying the Owner about the breach.

 

20.3  The Owner may terminate this Agreement at any time upon giving notice to Lessee if Lessee materially breaches of any of the terms of this Agreement (including any of the obligations and warranties under clauses 6.1 and 8) and if such breach is incapable of remedy or is not remedied within 5 days of the Owner notifying Lessee about the breach.

 

20.5  On termination, Owner shall:

 

20.5.3 pay all costs in relation to the Horse which accrued during the Lease Period. 

 

20.6.1 pay all income due to Lessee under clause 5 which accrued during the Lease Period but which, as at the date of termination, had not yet been paid to Lessee (less any amounts owed but not yet paid by Lessee); notify the relevant registration body of the termination of the Lease, and Lessee shall provide such assistance as may reasonably be requested by the Owner to confirm the same.

 

21  Liability

The Company and its employees, affiliates, officers, employees, agents, directors, licensors or any other person associated with the development, operation of the Website/Services/App 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.

 

22  General

22.1  The parties shall keep confidential and not disclose to any third party this Agreement or the contents or information herein, unless required by law or court order and except to 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. 

 

22.3 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

 

22.5 No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

22.6 If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.

 

22.7 This Agreement shall be binding upon and shall inure to the benefit of the parties, their respective successors and assigns.

 

22.8 No one other than a party to this Agreement and their permitted assignees shall have any right to enforce any of its terms.

 

22.9 The provisions of clauses 12, 13.5, 13.6, 14 and 15 shall survive the termination of this Agreement.

 

22.10 The Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the laws of Ireland. The Courts of Ireland have exclusive jurisdiction in relation to all matters concerning the Terms.

 

22.11 Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

 

General Obligations

23. Lessee represents and warrants that Lessee has the right and authority to enter into this Agreement

 

Syndicate Terms and Conditions

 

“Definitions”

In these Terms and Conditions, unless the context otherwise requires, expressions shall have the following respective meanings:

 

"Business"

the business of forming, marketing and managing racehorse syndicates as carried on by the company and/or its Agents under the trading name SD Publishing ltd and/or its Agents.

 

"Company"

means Sunday Digital Publishing Ltd (“SD Ltd”) and/or its Agents, Unit 8, Regional Development Centre, Dublin Road, Dundalk, Louth, Ireland A91E36P

 

"General terms and conditions"

the terms and conditions set out in this document which govern all syndicates.

 

"Horse" or "Racehorse"

any horse acquired by the company for the purpose of forming a syndicate.

 

"Intellectual Property"

all industrial and intellectual property rights now or subsequently owned by or licensed to the company (including without limitation) 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.

 

"Members"

all such persons in one syndicate who own shares in the same horse for whom that syndicate was formed. The term "Member" shall relate to one person in such a syndicate.

 

“Services”: 

means access to our Internet based racehorse information and management system. The Terms as outlined relate to use of the Services and access to the domain https://allaboutsunday.com (“Website”) made available by SD Ltd the “Company”.  Membership, access to the Services and/or Website is provided to you, the User (hereinafter also "you", "your") on the basis that you accept the Terms as outlined in this document. If you do not agree with the Terms as outlined, you should not become a Member, utilise the Services or access the Website. By becoming a Member, utilising the Services or access the Website, you agree to be bound by these Terms. 

 

"Share"

means an equal division of the ownership of a racehorse as determined by the company at its absolute discretion.

 

"Syndicate"

a racehorse syndicate formed, marketed or managed by the company and/or its Agents for the purpose of the business.

 

“Syndicate Information” means the basic details of the Syndicate set forth.

 

“Syndicate Period” means the period of syndicate.

 

“Syndicator” means the manager(s) Darren McGrath of the Syndicate who are identified as such in the Syndicate Information.

 

"Syndicate terms and conditions"

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.

 

 

 

 

"Terms and Conditions"

means both the general terms and conditions and syndicate terms and conditions in relation to any one syndicate.

 

THE COMPANY

1. The company and/or its Agents carries on the business of forming, marketing and managing racehorse syndicates under the trading name All About Sunday.

 

CONTRACT

 

1. The Terms and Conditions herein form the basis of the contract between the company and the Member. An application by a person (consumer) to join a syndicate shall be deemed to be an offer to purchase a share, pursuant to the Terms and Conditions. The issuing of a share certificate with its unique share number, shall be confirmation of the company's acceptance of the consumer's offer to purchase.

 

THE SYNDICATE

1. The syndicate and all matters associated with it shall be managed by the company and/or its Agents whose decisions shall be final, binding on the syndicate's 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).
2. The choice of racing silks & syndicate name will be the company's decision alone.
3. The company owns the business and the Intellectual Property. The company derives its income from managing the syndicate. 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 Data Protection Act 1998. 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).

 

 

THE SHARES

• A share buys you into the life of a racehorse for a fixed period of time. Whilst some racehorses turn out to be star performers and increase in value, the majority do not and therefore the purchase of a share must not be treated as an investment opportunity. 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 fact that in the past, the majority of SD Publishing ltd and/or its Agents  horses have a good record of making it to the races and becoming a winner, does not offer a guarantee of the future success of any horse.

 

• A Share cannot be sub-divided.

 

• A Share cannot be purchased by a person under the age of 18.

 

• The company alone determines how many Shares are to be offered in a horse or horses.

 

• When the company accepts an applicant's offer to purchase a Share, it shall grant the ownership of that Share to that applicant, subject to the Terms and Conditions.

 

• Shares 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. The Shares may not be charged or offered or granted as security to anyone other than to the company. The Shares may not be subject to any third party rights or interests.

 

• In acquiring a Share 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 Share for personal enjoyment and must not use the Share for any commercial purpose, regardless of whether or not it is a profit-making venture.

 

• The offer for new owners to join a syndicate, is not dependent on the company finding a suitable number of people to join. The syndicate period begins immediately, regardless of how many people decide to join.

 

• Where the company decides to proceed with the syndicate but not all of the shares have been sold, the company, at its absolute discretion, may sell shares at a higher or lower sum than the original offer price.(Note: there are a number of factors that can affect the value of a horse, including but not limited to; illness and/or poor performance on the racecourse. The value may increase if the horse performs well on the racecourse or other horses related in the family perform well). (Note: that any changes to the value of the horse will be reflected in the share price at the earliest available opportunity, but may not be changed immediately (the exact date of change will be at the discretion of SD Publishing ltd and/or its Agents )).(Note ii: there is a very small chance that an SD Publishing ltd and/or its Agents  horse may be good enough to be retired to stud with a high value attached and where so, the current terms and conditions contained herein will still apply and if enough shareholders wanted to continue, then we would exercise our best endeavours to continue the syndicate. However, whilst there is a possibility of this happening, very few horses become commercial stallions or top class broodmare prospects. The horse would normally have to be a Group 1 winner at least and be considered a commercial prospect, with pedigree as well as favoured distance and ground, hugely important).

 

• The price payable by the Member for the Share, covers all costs associated with racing and training the racehorse, for the duration of the term of the syndicate.

 

• Consumer Legislation gives the Member the right to cancel a new contract they enter into with SD Publishing ltd and/or its Agents within 14 days of the date it is concluded (agreed). A Member can cancel their new share purchase by returning their ownership share within 14 days of purchase and SD Publishing ltd and/or its Agents will refund their payment in full.

 

• Before the syndicate 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.

 

• The quantity of shares being sold in the new syndicate will be the same as the previous one, save for occasions when an insufficient number of shares are renewed and a new structure is then formed for the new syndicate.

 

• Members who opt to retain their ownership interest in the horse will often pay a lower price than the original cost, per share (because the ownership capital element has already been paid).

 

• Where a Member wishes to continue into the new syndicate but owns more than one share, there will be no obligation to retain all of the shares owned in that particular horse.

 

• Members who have not renewed their share(s) 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 liability for, or involvement in, the relevant share(s) in the new syndicate period. The company will endeavor to sell any relinquished share(s) on their behalf and where successful, will credit the owner's account with a sum representing the relevant pro rata sum of the achieved whole capital value of the horse, save for the scenario specified at term xxii.

 

• Where a share and/or offer period is active, the sale of shares may, at the company's discretion, be suspended or offered on a limited basis. For example; when a horse is being rested for whatever reason.

 

• 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 syndicate share(s) or, new syndicate(s).

 

• Existing members of the syndicate will be given the opportunity to purchase relinquished shares, subject to availability.

 

• In the event of all of the relinquished shares not being purchased by the existing syndicate owners, the company will make a commercial decision whether or not to stand the financial liability of unsold shares and market them through its normal commercial channels. Normally, where a recommendation to retain a horse for a further syndicate period has already been made by the company, it follows that unless the company deemed that there was an unacceptably large number of unsold relinquished shares, the renewed syndicate period will continue as normal and the horse will not have to be offered for sale.

 

• Where a syndicate is recommended for extension and owners are invited to renew their interest by joining for the new syndicate period, any renewal payment made will be refunded in the event that there is insufficient interest and the company decides, at a later date, not to continue with the extended period for this, or any reason.

 

• Where a horse is sold or re-homed after the start of the new syndicate period, Members will receive a pro rata refund of the management and racing costs for the remainder of the syndicate period. The refund period will be calculated from the date the horse moves to its new home.

 

• The decision whether or not to recommend that a horse is sent to the sales (or to offer for sale privately) shall be the company's alone and then subject to a vote amongst the relevant shareholders. Note: decisions to retire a horse shall remain with the company alone and not open to voting.

 

• The company alone will determine the capital value of the horse at any point in time. This will not be open to negotiation or debate.

 

• The company reserves the right to offer the horse for sale at public auction for any reason whatsoever and at any time; and the company is deemed irrevocably appointed as the Member's agent to carry out the above.

 

• For the avoidance of doubt, where any one or more Shares are offered for sale and have not been purchased upon the expiry of such period of time specified by the company, the company reserves the right to do any of the following at its discretion:
  (a) where the company offered the Share on its own behalf (for example because it has purchased the Share or the horse) it may retain that Share and or sell it at a future date;
  (b) where a Member offers a Share to the company, the company may choose to purchase it in accordance with the Terms and Conditions and the company may then retain it and/or re-sell it at a future date.

 

• When a horse is sold, the company will charge and deduct a commission of 15 % of the sale price. The remaining balance will then be distributed equally amongst the owners proportionate to the number of shares held. This sum will be distributed (after deductions) among the Members who owned valid share(s) in the horse.(Note: Deductions from the sales sum includes auction costs and transport. Plus training fees accrued outside of the syndicate period).

 

 

 

THE COSTS

1. The price of each horse share sold by SD Publishing ltd and/or its Agents, includes an equal division of the following:
1. Capital purchase price of the horse. This is the sum SD Publishing ltd and/or its Agents originally paid for the acquisition of the horse, including any commission. (Note: Where the capital value of the horse is deemed, by the company, to have increased or decreased since the date the company purchased the horse, the price of a share may be adjusted prior to the sale of a share.)
2. 'Vetting cost' relates to a veterinary examination of the horse prior to purchase. 'Transport cost' relates to the cost of transporting the horse from its location at the point of sale. It may sometimes be necessary to use estimated sums for the transport/vetting costs. If an estimated sum is used and the actual cost billed to the company is higher, the company absorbs that higher cost and where less, no refund is given.
3. All racing costs. This includes training fees, entry/declaration fees, veterinary fees and all other racing/horse costs
2. SD Publishing ltd and/or its Agents  has a public and products liability insurance policy in place, with a €5,000,000, limit of indemnity, designed to protect owners against compensation claims and legal costs if a horse causes injury/death to a third party and/or damage to property. The cost of this policy is met by the company.

 

MAINTENANCE

1. The Company endeavors to provide/make available the Website/Service/App in an uninterrupted manner to the Users. However, the Website/Service/App may be subject to down time and/or may not be available temporarily due to scheduled maintenance activity initiated by the Company and/or its service providers and such scheduled maintenance activity may or may not be intimated to the Users through email by the Company In addition, the Website/Service/App may be unavailable due to unscheduled emergencies and/or for other causes beyond the Company and/or its service providers’ reasonable control.

 

MISCELLANEOUS

1. Any owner who is granted a racecourse 'owners badge' agrees to abide by the racecourse dress code. Gentlemen to wear shirt and tie. Ladies suitably smartly attired. Note: some prestigious race meetings (e.g. Royal Ascot) have extended requirements and these will normally be published in the monthly magazine.
2. Stable visits to the relevant trainer's yard are organised from time to time and are published in advance in the monthly magazine and on the SD Publishing ltd and/or its Agents website ('Events' page). These stable visits can become oversubscribed, particularly with the top trainers. A ballot will usually be held for each visit. Therefore, no guarantee of a place can be made. In a ballot, there will be no priority for early applications, so you can apply up until the published ballot closing date. An owner can bring one guest (more at some visits) but there is an entrance charge for each guest. 
3. SD Publishing ltd and/or its Agents may from time to time take photographs or video footage at the racecourse 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 SD Publishing ltd and/or its Agents 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.
4. Where a declared horse becomes a non-runner in a race, SD Publishing ltd and/or its Agents will endeavor to relay this information to owners 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 is beyond the control of SD Publishing ltd and/or its Agents. Therefore, SD Publishing ltd and/or its Agents 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).
5. All Intellectual Property, including, without limitation, all intellectual property rights relating to the image and name of any horse, the SD Publishing ltd and/or its Agents name, logo and the racing colours are and shall remain legally and beneficially vested with the company alone.
6. A printed magazine will only be posted to Members based in the United Kingdom. However, all owners are able to view the magazine online. The printed magazine has to be compiled and then typeset before it is sent to the printers. After printing, it then has to be collated and bound. Then the process of mailing it out can begin. Finally, it is likely to be in the post for several days before it is delivered. Consequently, because situations can change at a moment's notice, some of the content of the magazine may be out of date by the time you receive a copy. Videos of horses are provided to the relevant shareholders via the SD Publishing ltd and/or its Agents website links at no extra cost but with no specific guarantee of regularity.
7. The name of the horse is subject to change, usually in situations beyond the control of SD Publishing ltd and/or its Agents (for example, if the chosen name is rejected after the application is submitted).
8. Under the Rules of Racing, a person holding an ownership share in a racehorse is permitted to place bets on that horse, in the same way that any other punter does. This is known as ‘backing the horse’. However, it is against the Rules to act in a ‘bookmaker’ capacity for that horse, for example, on a betting exchange, this is known as ‘laying the horse’.

 

 

RACE PRIZE MONEY / TROPHIES

1. Race prize money (the sum paid by HRI in accordance with the rules of horse racing) is distributed amongst the Members of the syndicate concerned at the end of each syndicate term.
2. Where a perpetual trophy is won by a winning horse, it shall be awarded to one Member by means of a draw conducted by the company, regardless of whether or not that person was presented with it at the racecourse. (Note: some perpetual trophies are charged for by the racecourse. It is the company's policy not to pay a racecourse for a trophy, and indeed such sales are becoming less common. An annual trophy may be awarded by draw, depending on the value and whether or not the recipient is prepared to insure it for the period.)
3. Where a horse does not live up to expectations on the racecourse, or fails to make it to the racecourse, the Members shall not be entitled to any refund. Where prolonged training is not in the best interest of the welfare of the horse, the horse will be retired. If the horse is re-homed prior to the scheduled syndicate end date, the syndicate will end prematurely. At that point, Members will receive a pro rata refund. 
4. If the company decides to retire a horse (normally with little or no residual value) to a rehabilitation Centre (or anywhere), full legal and beneficial ownership in all shares in the racehorse (i.e. all rights of ownership) shall pass from all Members of that syndicate to the new owner. The company is deemed to be appointed as the Member's agent irrevocably to transfer the legal and beneficial ownership in the horse to the rehabilitation Centre (or new owner). 
5. When an SD Publishing ltd and/or its Agents horse is retired, it will either be sold or gifted, depending on the circumstances. Priority is normally given to the owners of the syndicated horse. If any syndicate Member wishes to be considered for the gifting or purchase of any particular horse that is being retired, an application needs to be made in writing, specifying the facilities available for keeping the horse and details of the applicant's experience with horses. The premises will need to be checked out and a non-racing agreement signed with the BHA, barring the horse from ever participating in horseracing again.

 

THE TRAINER

1. Choice of trainer shall be vested with the company alone. The company may decide to change trainer for any reason whatsoever.
2. 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).

 

VOTING / DECISION MAKING

1. When a vote relating to a syndicate is called for and a Member's vote is not received by the company by the deadline date specified by the company, the Member's right to vote is forfeited in that instance.
2. When all votes received result in a split vote, the company will have the right to make a casting vote.

 

ENFORCEABILITY

1. 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 hereof shall not in any way be affected or impaired thereby.

 

VARIATIONS

1. The company reserves the right at its discretion to amend or vary the Terms and Conditions 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. 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

1. 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 Ireland, and the Member and the company hereby agree to submit to the exclusive jurisdiction of the Irish Courts and 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.

 

WAIVER

1. 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.

 

 

 

 

PREVAILING TERMS

1. 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.
2. All text created by SD Publishing ltd and/or its Agents (including, but not limited to, all horse reports and these terms and conditions), as well as all photographic images, both still and moving, including written and spoken words, are subject to copyright law and cannot be copied or transmitted in any format. The image and/or name of any SD Publishing ltd and/or its Agents horse, in any format, cannot be exploited for any commercial purpose (whether or not for profit). These restrictions include the placing of material within social media sites, such as, but not limited to, Facebook, Instagram and Twitter.
3. Force Majeure - whilst SD Publishing ltd and/or its Agents  is in the fortunate position of providing a large number of services online, there may be some occasions during an unexpected event (such as, but not limited to, outbreak of a disease or bad weather), that renders the company unable to provide some or all services. For example, events held at racecourses, stables etc. may be subject to postponement or cancellation, the supply of the SD Publishing ltd and/or its Agents magazine may be disrupted and/or the website, emails and other services may be interrupted. However, SD Publishing ltd and/or its Agents has contingency plans in place so will do everything possible to continue to provide as many services as possible and keep owners updated.
4. Any personal information you provide to SD Publishing ltd and/or its Agents including and similar to your name, address, telephone number and email address will NOT be sold.
5. Whilst these terms and conditions are comprehensive, and we believe, compliant with fair trading practices prescribed by Consumer Protection Legislation, if you dispute any element of our service, your recourse is to write in the first instance, detailing the nature of your complaint and we will attempt to resolve the issue. Write to; Sunday Digital Publishing Ltd, Unit 8, Regional Development Centre, Dublin Road, Dundalk, A91E36P, Louth, Ireland.

 

1. SD Publishing ltd and/or its Agents has processes in place to comply with GDPR. For full information, please refer to the 'Privacy Policy' on our website, or available by request.

 

 

Section 2

 

 

Access and Use of the Service

1. As a Member, you may access our Service via our App, the Sunday Racing App (“App”). You are hereby notified that the Company retains a right to update and change the App any time.  You receive the app "as is" and with no warranty attached. 

 

Use Description

1. The Service, and any content viewed through our Service, is solely for your personal and non-commercial use. Where you accept and comply in full with these Terms and all other applicable Policies, the Company grants you personal, non-exclusive, non-transferable, limited privilege to access and use the Website, Services and App.  As part of this access we may or may not grant limited access to certain graphical and textual information, including email communications, video and audio recording, mobile apps (including App) pictures, text images, statistics, logos and other media and intellectual property related to the Company or the company's licensees. All design, text, graphics, recording and the selection or arrangements thereof are the copyright of the Company or of our respective licensees. 

 

Registration Obligations

1. You will be required to register with the Company in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted through the Service’s registration form.  You hereby consent 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.  We retain the right to reject any purchase request.  For certain services we may accept purchases only from residents of certain geographical areas. However, this information will be announced prior to purchase.

 

Member Account, Password and Security

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.

 

1. In order to use this Service or access the content, you agree that you will:
2. Obtain access to the Internet accepting that you are liable for all service fees associated with such access and including you provide all the equipment required to facilitate the said access;

 

1. Have Windows Media Player (the "Software") installed on your device. Your use of the Software is subject to the terms of the license granted to you by the relevant licensor. The Company are not providing and are not responsible for the Software, for any problems caused by the Software, computer hardware or computer operations systems.

 

In order to use this Service or access the content, you agree that you shall not:

1. Abuse your access to the Service or use it for any unlawful purpose;

 

1. 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;

 

1. 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);

 

1. Reproduce, modify, distribute or publish the whole or any part of the content of this Service without our prior written permission;

 

1. 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;

 

1. Access the Service from any computer terminal installed at a licensed betting office in the UK and/or Ireland.

 

1. Moreover, you hereby represent that you shall not authorise or shall not permit any other party to breach the provisions stipulated in subsections (1) – (6) above.

 

Social Media 

1. By enabling comments on our Social Media pages, including on the App, we aim to encourage commentary and debate among Members. 

 

1. Your acceptance of these Terms confirms you are aware that the Company reserve the right to remove without notification any comments deemed to be defamatory, threatening, racist, sexist, homophobic, or otherwise offensive. Users who indulge in particularly egregious commenting behavior may be permanently barred from further participation in conversations. We will not enter into correspondence about deletions or bans. Access Restrictions to comments on App and Sunday social media will be applied indefinitely.

 

1. The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  The Company have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.

 

1. Whilst these terms and conditions are comprehensive, and we believe, compliant with fair trading practices prescribed by Consumer Protection Legislation, if you dispute any element of our service, your recourse is to write in the first instance, detailing the nature of your complaint and we will attempt to resolve the issue. Write to; 

 

Sunday Digital Publishing Ltd, Unit 8, Regional Development Centre, Dublin Road, Dundalk, A91E36P, Louth, Ireland.