Terms of Service

 

Terms of Service Sunday Digital Publishing

(May 2021)

 

  1. Terms of Service

These are the Terms of Service (Terms) for the provision of Services (Services) and access to https://allaboutsunday.com (Website) made available for use or purchase by Sunday Digital Publishing Ltd hereinafter referred to as “SD Ltd”.

 

The Website and the Services are owned, operated and made available by SD Ltd.

 

SD Ltd retains also right to terminate or ban users that breach our Terms of Service. If our Terms refer to usage our Website and do not state expressly that they apply to app, it should be assumed that, where possible, a specific term applies also to our app.

 

Access to the Website and/or our Services provided to you, the User (hereinafter also "you", "your") on the basis that you accept the terms of this contract. It is a legal agreement that set out the rights and obligations of you and SD Ltd, including its agents, sub-contractors and all group companies ("we", "us", "our").  If you do not agree with the Terms, do not use the domain allaboutsunday.com or the Services. When you access the domain, use or purchase the Services, you agree to be bound by these Terms.

 

The information contained in these Terms is correct as at May 2021.  Where there are any material changes, SD Ltd will notify you in writing or by publishing revised Terms on our website allaboutsunday.com.  Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

 

We respect the privacy of our users. For details of how we collect and use your information please see our Privacy Policy. By using the Service, you consent to our collection and use your data as outlined therein.

 

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.

 

 

  1. Access and Use of the Service

For the avoidance of doubt the Services consists of:

 

  • Access to the SD Horse Manager (the “Horse Manager”). The Horse Manager is our Internet based racehorse information and management system.

 

  • A specified percentage Share (the “Share”, “Shares”) of an identified Racehorse (the "Horse”, “Horses”, “Racehorses") (or a number of horses), for a limited period of time (the “Share Period”).

 

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

 

 

2.1 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, SD Ltd grants you personal, non-exclusive, non-transferable, limited privilege to access and use the Website, App and Services.  As part of this Service 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 SD Ltd or the company's licensees. All design, text, graphics, recording and the selection or arrangements thereof are the copyright of SD Ltd or of our respective licensees.

 

 

2.2 Registration Obligations

You will be required to register with SD Ltd 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.

 

 

2.3. 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. SD Ltd reserve 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 SD Ltd 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 to:

  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 licence granted to you by the relevant licensor. SD Ltd 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.

 

 

2.4 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 SD Ltd 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.

 

 

 

 

2.5 Modifications to Service

SD Ltd reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  SD Ltd 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. Particulars Of Shares

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

 

  • That SD Ltd Syndicate [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.

 

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

 

  • By joining this Club, you agree to allow SD Ltd 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 hri.ie This is a requirement from HRI.

 

  • That you made your decision to use our Services purely for leisure;

 

  • That during the Share Period, your Shares entitle you to participate in the ownership experience;

 

  • That your entitlement to any benefit associated with Share ownership will cease after the stated share period;

 

  • That your rights to the Share(s) do not constitute ownership in an identified Racehorse. You are aware that purchase of shares in Racehorse always assumes risk of loss. The prices of Shares may vary and do not have to be equal. User may own maximum amount of 10 shares;

 

  • That the price of each Share contributes to the overall SD Ltd offering. This includes vat @23% or 20% is included depending on your country of purchase. The remainder of the share price (ex. vat), is typically broken down as follows:
  • 45% towards the cost of buying the Horse;
  • 25% towards training costs for the period of the syndicate;
  • 25% towards content, management and administration costs.
  • 5% towards racing and insurance costs for the period of the syndicate;
  • 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 SD Ltd. While your involvement will resemble many of the characteristics of racehorse ownership, you are not a legal owner of any Horse;

 

  • That the Share Period will in all cases be set by SD Ltd. Details of the Share Period relevant to your Shareholding will be clearly set out for members and will specify the Share cost, the Share start and end dates and the Share volume;

 

  • That SD Ltd is authorised to undertake all decisions relating to the Horses, trainers, administration, and general management. SD Ltd shall manage those horses during the Share Period, for your benefit and for the benefit of the other Users, proportionally to the Shares hold by the respective Users;

 

  • That SD Ltd is unable to make specific guarantees in any respect. Though the intention of SD Ltd is to provide all Horses 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 SD Ltd is obliged to give you access to information regarding the Horse and you may be entitled to a percentage of prize money. Any potential entitlement will be proportionate to your Share amount and will be net of relevant costs to SD Ltd. Relevant costs include trainer, jockey and racing deductions and a 15% SD Ltd Management fee. The relevant Governing body of Ireland and the UK will complete entitlement calculations and SD Ltd will advise members directly of any entitlement due. Payments will be made at the end of the syndicate period;

 

  • That SD Ltd will issue financial information via the App, to individual syndicates, which will detail relevant expenses and income or prize money generated by that syndicates Horse.

 

  • That in rare circumstances it may happen that the Horse is sold or retired during the season. SD Ltd at its discretion reserves the right to offer the horse for sale at auction. In the event that a horse is sold during the syndicate period, members may receive a pro rata refund of their membership fee;

 

  • That where the Horse is sold during the period in which the Shares are held, then the proportionate amount of the sale price will be transferred to Shareholders. Any potential entitlement will be calculated proportionate to your Share amount and will be net of relevant costs to SD Ltd of acquiring and maintaining the Horse and Services. Relevant costs will be deducted from the gross sale price and will include a 15% management fee for SD Ltd along with an agent’s fee of 5% and trainers fee of 5%;

 

  • That where the Horse is sold outside the period in which the Shares are held, the amount of sale price shall be transferred to SD Ltd and you will have no entitlement to any part of the share price;

 

  • That Shareholders take the chance that their Horse will perform as expected when purchasing a share, but if expectations are not met, SD Ltd 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 Horse, due to injury or sickness, be unable to race any further during the Share Period. If this happens, SD Ltd will set the Horse status to "Temporarily Unavailable”. Should this occur, SD Ltd will allocate an alternative Horse (of SD Ltd’s choosing) to your account for the remaining Share Period. No right to replacement applies to other periods;

 

  • That in the event SD Ltd form the view that a horse should be retained and a new syndicate formed, members will be informed by SD Ltd before the original syndicate period expires;

 

  • That when attending yard visits at trainer’s premises or attending the races with us, SD Ltd 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 subject to being able to obtain insurance, the Horse will be insured by SD Ltd against All Risks of Mortality only for such values as SD Ltd, in its discretion and with any necessary advice, considers prudent. 

 

 

  1. 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 SD Ltd to provide more shares in the same Horse after the Share Period has expired.  

 

SD Ltd have the exclusive right to change the Fee upon renewal of the Share Period. SD Ltd 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 SD Ltd’s notice. Failure of which will enable SD Ltd 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. SD Ltd 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.

 

 

  1. 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 SD Ltd believes that a User has breached any of the obligations of these Terms, including any unpaid fees, then SD Ltd reserves a right to immediately suspend, cancel, terminate, remove and/or discard any and all current and future use of the Services. In addition, SD Ltd 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.

 

SD Ltd 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.

 

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

 

 

  1. Maintenance

SD Ltd 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 SD Ltd and/or its service providers and such scheduled maintenance activity may or may not be intimated to the Users through email by SD Ltd. In addition, the Website/Service/App may be unavailable due to unscheduled emergencies and/or for other causes beyond SD Ltd and/or its service providers’ reasonable control and for such unscheduled SD Ltd shall not give emergencies prior intimation.

 

 

  1. 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 SD Ltd 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 SD Ltd 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.

 

 

  1. Force Majeure

If SD Ltd 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 SD Ltd technological systems, breach, sabotage, war, pandemic, strikes, lock-outs, floods and failure of service providers, wars, acts of government, then in such an event, SD Ltd shall be relieved of its obligations and liabilities under these Terms.

 

 

 

  1. Disclaimer of warranties

SD Ltd 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.

 

 

  1. Limitation of liability

SD Ltd 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 SD Ltd to any person purchasing the service be greater the fee paid by that person.

 

 

  1. Indemnity

User shall indemnify and hold harmless SD Ltd, 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 SD Ltd 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.

 

 

  1. 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.

 

 

  1. Assignment and transfer

SD Ltd may assign or transfer all or any of our 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 e-mail.

 

 

  1. 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 horse. The agent shall communicate regularly to the members any decisions made in relation to the horse.

 

 

  1. 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 SD should be by email addressed to help@allaboutsunday   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

 

 

 

 

 

 

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