Terms of Service - previous
TERMS OF SERVICE
TERMS OF SERVICE SUNDAY DIGITAL PUBLISHING
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.
Services: means access to the SD Horse Manager (“Horse Manager”), our Internet based racehorse information and management system.
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.
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;
- That the price of each Membership Share contributes to the overall Company offering. 30% towards the cost of buying the Racehorse;
- 20% towards training costs for the period of the syndicate;
- 45% towards content, management and administration costs.
- 5% towards racing and insurance costs for the period of the syndicate;
- 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:
- 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;
- 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:
- Abuse your access to the Service or use it for any unlawful purpose;
- 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;
- 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);
- Reproduce, modify, distribute or publish the whole or any part of the content of this Service without our prior written permission;
- 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;
- 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.
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.
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.
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: email@example.com ;
- On receipt of the notification the Company will investigate the matter and endeavor to resolve the Dispute informally;
- Where the Dispute cannot be resolved informally, an independent third party shall be appointed as mediator via the Alternative Dispute Resolution (‘ADR’) process. The ADR process allows a period of 90 days to reach a resolution.
- 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.
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 firstname.lastname@example.org. 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,