Terms and conditions
USER TERMS & CONDITIONS ("the Agreement")
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER WHICH HARBURY MEDIA LIMITED OFFERS YOU USE OF ITS WEB SITE LOCATED AT WWW.THE-RACEHORSE.COM ("THE SITE") AND PAID-FOR SERVICES AVAILABLE ON THE SITE. BY USING THE SITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE LEAVE THIS WEB SITE.
This Agreement is made between you and Harbury Media Limited (registered number 05610723) whose registered office is 71-75 Shelton Street, London, WC2H 9JQ ("HML").
Use of the Site
You may copy electronically and print portions of the Site for your personal, non-commercial use only. You may not copy, print or publish in any form any information from any database, directory, paid for report or other listing or information retrieval service (if any) made available on or by the Site in connection with any business or commercial undertaking (whether or not for profit) without the prior written permission of HML. Any other use of materials on the Site (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of HML is strictly prohibited. No photographs may be used or removed for any use whatsoever without prior written consent.
Whilst HML takes all care in the preparation of the data and information displayed on the site, save to the extent required by law no representations, warranties or terms of any kind are made in respect of the Site or its contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Site, or in any database, downloads, directory or other listings or information retrieval service made available on or by the Site has been so made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. All liability of HML, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Site is expressly excluded to the fullest extent permitted by law.
You agree that:
you shall not use the Site to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm HML’s computer systems or any third party computer system; and you will keep your password(s) if any relevant to the Site secure and not let them become public knowledge; and
you may only register for a user account if you are at least 16 years of age and you warrant that if you do so register you are at least 16;
you acknowledge that any user account you may take out with HML is personal to you and permits you to be logged in from a single computer at any one time.
The intellectual property in all design, text, software, graphics and other material and the selection or arrangement of such material in the Site is owned by HML and/or its respective licensors. All brands, images, trademarks, names are copyright to their respective owners.
The Site may include links and/or third party advertisements (including banner ads, images, links and page advertisements) that may have been paid for and which contain embedded links to web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and HML is not responsible for and does not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law).
HML is the owner of:
those trade mark(s) indicated as such throughout the Site from time to time; and
all other trade marks used in the Site which are not licensed to it by any third party. All other trade marks, product names and company names or logos cited therein are the property of their respective owners.
The provisions on Data Protection and Use of Personal Information apply in respect of your use of the Site.
Whilst much of the site is made available without charge or registration, certain services, including paid-for downloads from the statistics database (the “Paid-for Services”), require you to register using a HML registration form. The personal details that you provide must be true, accurate and complete and you must be at least 16 years of age to register.
Whilst registration allows access without to certain services at certain times, such access may be terminated by HML at any time without notice.
Payment for Paid-for Services
Whilst much of the site is made available without charge or registration, access to parts of the site, including the statistical database (the “Paid-for Services”), at certain times are currently made available by payment only.
The Paid-for Services can be accessed and paid for individually by online card payment or via the purchase of points that can later be redeemed for downloadable reports.
The purchase of an individual report by online card payment is a one off transaction and carries no ongoing commitment. The purchase of points will result in the purchased number of points being added to your registered account with the Site. These can be redeemed for Paid-for reports at a time of your choosing. Points purchased by you have no expiry date. Refunds cannot be given for unused points.
You must provide us with complete and accurate payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to our payment service provider you warrant that you are entitled to purchase the Paid-for Services using those payment details. In the case of unauthorised payments HML reserves the right to suspend or terminate your access to the Paid-for Services. If we do not receive payment authorisation or if any authorisation is subsequently cancelled, we may immediately suspend or terminate your access to any Paid-for Services.
Whilst HML uses a system that aims to process your payment in real time, and will use its best endeavours to process your payment promptly, it does not guarantee that the Paid-for Services will be available to you by any specified time.
We use Stripe as our payment service provider and Taxamo as an intermediary for the calculation, billing and reporting of VAT at your local applicable rate under VAT MOSS rules for digital downloads. Our payment system transfers you to the Stripe secure server before you enter your credit or debit card details, which are not seen by us at any stage and are never held on our servers. Stripe adheres to the Payment Card Industry Security Standard for the safe keeping of your account information and is regularly audited by Visa and MasterCard to ensure that their systems conform to the latest security standards. We are not liable for any loss that may occur from you entering your card details with a third party who may be fraudulently impersonating the Stripe payment service.
A contract with you for receipt of the Paid-for Services will come into effect when the report purchase is completed or the purchase of points is completed.
HML will charge you in British Pounds and will add VAT to your payment as appropriate at your local rate in compliance with VAT MOSS rules on digital downloads; in particular if your billing address is outside the European Union; or if your billing address is within the European Union but outside the United Kingdom and you provide a valid VAT Registration Number, you will not be charged VAT. You may also have to pay any applicable local taxes.
You are responsible for all telephone charges necessary to access and use the Site. HML reserves the right to suspend or terminate your access to the Paid-for Services if you breach these terms and conditions, with or without notice and without further obligation to you.
You have a statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel the purchase of a Paid-for report within 14 days of the contract. In order to download a report before this time you will be asked to click a “download now” button. In doing so you expressly consent to the download of the report and acknowledge that the right to cancel the contract will be lost. In order to cancel a contract, you may click the “Cancel” button on the purchase page, or contact us on email@example.com.
Refunds for Paid-for Services will be made only in the case of materially incorrect information being included on a Paid-for report and will be limited to the purchase price being refunded to the card or points account used to make the purchase. Users should check the parameters of the information contained in the report before purchase.
Our customer service desk is available during UK office hours on firstname.lastname@example.org or 014421 927207 for all queries relating to these issues.
Data Protection and Use of Personal Information
Information may be gathered from your registration form(s) and your use of the Site including through "cookies". Cookies are blocks of text placed in files on your computer's hard drive when you visit a web site which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name, unless the cookie is attached to personal information collected another way, such as by means of your on-line registration form.
The information gathered may be used by HML and companies in the same group as HML (companies which share the same ultimate parent company) internally, for purposes relating to your use of the Site and for marketing activities in accordance with any consent you have given. By marketing activities, we mean the communication directly to particular individuals (by e-mail, post or telephone) of any advertising or marketing material. If you subsequently decide you no longer wish to receive direct marketing/information from HML or companies in the same group as HML you should notify us by e-mail to email@example.com.
We will not share your personal information with non-agent third parties unless we are required to do so by law, or if we believe in good faith that disclosure is reasonably necessary to protect our property, rights or those of third parties or the public at large.
HML may forward your personal details to the Police or other regulatory body to comply with the law or in relation to suspected misuse by you of the Site. Where it is lawful and necessary HML may also monitor any e-mails you may send and receive through the web site.
Other than as set out elsewhere in this clause, your information shall not be disclosed or used by us. You hereby agree to these terms in this clause by your agreement to the terms and conditions of this Agreement.
Availability and Security of the Site
Due to the nature of the Internet, HML does not promise full and error free operation of the Site at all times. All liability of HML, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site is excluded, insofar as it is possible to do so in law.
HML shall use reasonable endeavours to ensure that the Site and any information it holds on you are kept secure. However, due to the nature of the Internet, HML cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that HML is unable to exclude such liability by law).
Where a claim is brought against HML by a third party in relation to your use of the Site you agree to fully reimburse HML for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by HML in or as a consequence of your breach of this Agreement and/or your use of the Site.
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure or loss of data.
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without HML’s prior written consent.
HML reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as HML or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site.
Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Variation of Terms
HML reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on the home pages of the Site. Changes in this manner shall be deemed to have been accepted if you continue to use the Site and/or the Paid-for Services after a period of one week from the date of transmission of the e-mail or of posting on the home pages of the Site, whichever occurs later.
Law and Jurisdiction
This Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.
The registered office and trading address of HML is Harbury Media Limited, 71-75 Shelton Street, London, WC2H 9JQ. During UK office hours our customer helpdesk is available on firstname.lastname@example.org or by telephone on 01442 927207.
Terms & Conditions version 3, adopted 28 August 2018.