Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Our Sites are operated by Retraining of Racehorses of 75 High Holborn, London, WC1V 6LS (We). We are a charity and a company limited by guarantee registered in England and Wales under company number 04089376.
We amend these Terms from time to time as set out in clause 2. Every time you wish to order Services from us, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 29/04/2016.
These Terms, and any contract between us, are only in the English language.
If you are unclear on anything then please click on the ‘contact us’ button. If you still can’t find the answer to your question, or if you have a specific question you would like to ask, you can contact us by e-mail at firstname.lastname@example.org
1. These Terms
1.2 If you are an advertiser, our Advertiser Terms, which sets out terms applicable to advertisers and how advertisers may use the Sites.
2. Changes to these terms
2.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
2.2 Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
2.3 We may revise these Terms as they apply to your order for Services from time to time to reflect changes in relevant laws and regulatory requirements.
3. Accessing our Sites
3.1 We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. Access to our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. We will not be liable to you if for any reason our Sites are unavailable at any time or for any period.
3.2 You are responsible for making all arrangements necessary for you to have access to our Sites.
4.1 Our Sites are intended solely for users who are 18 years of age or older. Any use of or access to the Sites or by anyone under 18, is unauthorised and in breach of these Terms. By using the Sites, you warrant that you are 18 or older.
5. Communications between us
5.1 When we refer in these Terms to “in writing”, this will include e-mail.
5.2 If you would like to contact our Customer Services team, you can do so by e-mail at email@example.com .
6. Your account and password
6.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
7. The Services
7.1 We offer various services through our main site www.ror.org.uk (the Main Site). These currently include:
7.1.1 The ability for you to register a horse in return for a fee so that the horse can be in competitions; and
7.1.2 Training for you and your horse, in return for a fee.
8. Registering a horse for competitions
8.1 For all RoR Disciplines: all horses must be registered and compete under their registered racing name. You can register a horse for free however if you wish to enter the horse in certain RoR competitions an administration fee is payable. The current administration fee is listed on the Main Site here and permits you to enter the named horse in any number of competitions for the life of the horse, [subject to paying the relevant competition’s entry fee].
8.2 When registering your horse on the main site for competitions, you will need to enter valid, up-to-date and complete credit card and billing details. By entering these details, you authorise us to bill the card.
8.3 You can remove your horse’s registration to enter competitions. To remove the registration please e-mail us at email@example.com. Please note that the administration fee cannot be refunded if you remove the horse’s registration, as we will have already incurred our costs.
8.4 Upon receipt of your request to cancel your horse registration we will do so as soon as reasonably possible.
9.1 You can sign up for training for you and your horse on the Main Site. The details of the training, location and all other relevant details are available on the Main Site.
9.2 The training is not provided by Retraining of Racehorses but by third party coaches or trainers.
10. How the Contract for the purchase of training is formed between you and us
10.1 Our training pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
10.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgement). However if you are paying by cheque, we will only send you the Acknowledgement when your cheque has cleared. The Contract between us will only be formed when we send you the Acknowledgement.
10.3 If we are unable to fulfil your order for the training, we will inform you of this by e-mail and we will not process your order. If you have already paid for the training, we will refund you the full amount as soon as possible.
10.4 We will make every effort for the training to be delivered within any timeframe given. However, there may be delays due to an Event Outside Our Control. See clause 18 for our responsibilities when an Event Outside Our Control happens.
10.5 We will need certain information from you that is necessary for us to provide the training. We will not be liable for any delay or non-performance where you have not provided this information to us.
10.6 You can only pay for training using PayPal, a debit card or credit card, or by cheque.
Other Important Terms
11. Intellectual property rights
11.1 We are the owner or the licensee of all intellectual property rights in our Sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2 You may print off one copy, and may download extracts, of any page(s) from our Sites for your personal use and you may draw the attention of others within your organisation to content posted on our Sites.
11.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.4 Our status (and that of any identified contributors) as the authors of content on our Sites must always be acknowledged.
11.5 You must not use any part of the content on our Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
12. No reliance on information
12.1 The content on our Sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Sites.
12.2 Without limitation to the above, and in relation to any horse which is being advertised on our Sites, we are not the sellers of any horse on the Sites and therefore we have not carried out any checks on the horse including the checks set out below:
12.2.1 a physical check of the horse;
12.2.2 whether the horse is suitable for you and your personal circumstances;
12.2.3 a test ride of the horse;
12.2.4 an assessment of its temperament;
12.2.5 whether it has a horse passport and whether that passport relates to that horse;
12.2.6 the horse’s breeding and/or pedigree;
12.2.7 its microchip details;
12.2.8 a veterinary check-up; or
12.2.9 whether the horse has a non-racing agreement.
12.3 Any buyer of a horse from our Sites should carry out all checks on the horse which a prudent and competent horse owner would carry out. Although we have set out a list of “Do’s and Don’ts” on our Sites in relation to buying a horse, this list is not exhaustive and if you are in any doubt about what checks you should be carrying out, you should obtain your own advice on the matter.
12.4 Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Sites is accurate, complete or up-to-date.
13. Limitation of our liability
13.1 We do not in any way exclude or limit our liability for:
13.1.1 death or personal injury caused by our negligence;
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.1.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
13.1.5 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
13.1.6 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
13.1.7 defective products under the Consumer Protection Act 1987; or
13.1.8 any other liability that cannot be excluded or limited by English law.
13.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Sites or any content on them, whether express or implied.
13.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
13.3.1 use of, or inability to use, our Sites; or
13.3.2 use of or reliance on any content displayed on our Sites; or
13.3.3 purchase of a horse from an advertiser who advertised on our Sites.
13.4 If you are a business user, please note that in particular, we will not be liable for:
13.4.1 loss of profits, sales, business, or revenue;
13.4.2 business interruption;
13.4.3 loss of anticipated savings;
13.4.4 loss of business opportunity, goodwill or reputation; or
13.4.5 any indirect or consequential loss or damage.
13.5 If you are a consumer user, please note that we only provide our Sites to you for domestic and private use. You agree not to use our Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any content on them, or on any website linked to them.
13.7 We assume no responsibility for the content of websites linked on our Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
14.1 We do not guarantee that our Sites will be secure or free from bugs or viruses.
14.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software.
14.3 You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
15. Linking to our Site
15.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
15.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.3 You must not establish a link to our Sites in any website that is not owned by you.
15.4 Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page.
15.5 We reserve the right to withdraw linking permission without notice.
15.6 If you wish to make any use of content on our Sites other than that set out above, please contact firstname.lastname@example.org.
16. Third party links and resources in our Site
16.1 Where our Sites contain links to other sites and resources provided by third parties, these links are provided for your information only.
16.2 We have no control over the contents of those sites or resources.
17. Your right of cancellation and refund
17.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 17.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive a service, you can notify us of your decision to cancel the Contract and receive a refund.
17.2 However, this cancellation right does not apply in the case of a contract concluded by you whereby you register your horse for competitions as you can immediately access the service.
17.3 Your legal right to cancel a Contract relating to the provision of training starts from the date of the Acknowledgement (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the provision of training is 14 days after the Acknowledgement. However once we have completed the training you cannot change your mind, even if the cancellation period is still running.
17.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form in Schedule 1. If you use this method we will e-mail you to confirm we have received your cancellation.
17.5 You can also contact our Customer Services team by e-mail at email@example.com or by post at Retraining of Racehorses c/o 75 High Holborn, London, WC1V 6LS. When contacting us please include details of your order to help us to identify it.If you send us your cancellation notice by post, then your cancellation is effective from the date you post the letter to us. For example, you will have given us notice in good time as long as you get your letter into the last post on the last day of the cancellation period.
17.6 If you cancel your Contract we will:
17.6.1 refund you the price you paid for the training. However, please note we are permitted by law to reduce your refund if we have already started work on your order by the time you cancel. Therefore you will pay us any costs we have reasonably incurred in starting to fulfil the order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. These costs are attributable to us making arrangements with the third party trainer which cannot be cancelled. We will tell you what these costs are when you contact us or as soon as possible thereafter;
17.6.2 make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel the Contract;
17.6.3 refund you on the credit card or debit card used by you to pay.
18. Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations:
18.3.1 we will contact you as soon as reasonably possible to notify you; and
18.3.2 our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, your registration for training or for entry into competitions will be cancelled. We will refund the price you have paid less any costs incurred by us in starting to fulfil your order.
19.1 We may transfer our rights and obligations under these Terms or any Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 These Terms and the terms of any Contract are between you and us. No other person shall have any rights to enforce any of the terms herein.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20. Applicable law
21. Trade marks
21.1 RoR, Retraining of Racehorses and the Retraining of Racehorses logo are trade marks of Retraining of Racehorses.
22. Contact us
To contact us, please email firstname.lastname@example.org.
Thank you for visiting our Sites.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from a contract)
Address: Retraining of Racehorses of 75 High Holborn, London, WC1V 6LS
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate