Welcome to Horse Monkey. Horse Monkey enables people to plan, promote, and sell tickets, entries and/or services to any equestrian event. Horse Monkey makes it easy for everyone passionate about horses to discover events, and to share the events they are attending with the people they know. The following pages contain our Terms and Conditions of Use, which govern all use of our Services.

1. Who we are

   Who we are. We are Horse Monkey Limited, a company incorporated in England and Wales with Company Number 8227088. Our registered office address is at 1 Gleneagles Drive, Brockhall Village, Old Langho, Lancashire, BB6 8BF, but our main trading address is at Mere Court Stud, Mythop Road, Weeton Lancashire, FY4 4XB.  Our VAT registration number is 151 6571 17.

   1. How to contact us. You can contact us in any of the following ways:
      1. By email: hello@horsemonkey.com.
      2. By phone: ‭0333 050 7420‬
      3. By post: Mere Court Stud, Mythop Road, Weeton Lancashire, FY4 4XB.
   2. How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us when you registered for Horse Monkey.
   3. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails

2. These terms

   1. What these terms cover. These are the terms and conditions on which we allow you to use the Horse Monkey website and sub-domains (“Horse Monkey”).
   2. Why you should read them. Please read these terms carefully before you use Horse Monkey. These terms tell you who we are, how we will provide Horse Monkey to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
   3. By viewing or using Horse Monkey you accept these terms. By using Horse Monkey you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree with them then you must not use Horse Monkey.
   4. We may make changes to these terms. We may amend these terms from time to time. Any changes are usually posted on Horse Monkey and users notified on login.

3. Definitions and Interpretation

   1. In these terms we will use some defined terms. In addition to any terms defined elsewhere in these terms, the following definitions will apply throughout these terms:

      “Event”	an event organised by an Organiser which is then advertised/promoted and/or administered on Horse Monkey.
      “Organiser Content”	means the details or description about an Event, or the Organiser published on Horse Monkey by the Organiser.
      “Organiser”	means an organisation or person using Horse Monkey to create Events to be displayed on Horse Monkey for individuals using Horse Monkey to see and book onto.

4. Data Protection

   1. We are a data controller, and relevant Organisers will also be data controllers. We are the data controller of all information that you input onto Horse Monkey. However, where you submit personal details in respect of a particular Organiser’s Event, then that Organiser will also be the data controller of the information you have supplied and which we will share with them.
   2. Privacy Notices. Details of how we handle your personal data can be found [here]. You should also read the relevant Organiser’s privacy notice (sometimes called a privacy policy or personal information notice) to understand how they will use any personal data that you share with them. We require that Organisers post a link to a copy of their privacy information notice on pages on Horse Monkey that relate to their Events.
   3. Payment Details. When you submit credit card details on Horse Monkey then we do not have access to or store such details as this is automatically submitted directly to Stripe. Stripe’s terms and conditions and any relevant personal information notice will apply. In such cases, Stripe’s shall be the data controller of such information.

5. Registration for a Horse Monkey Account

   1. Registration is required to access certain features. Whilst you can access and view Horse Monkey without registering or logging on, you will need to register your details to be able to register for or book tickets for Events.
   2. You are responsible for keeping your account details secret. You are responsible for your own password and username security and you are responsible for any action taken under that account and username. If you suspect that your account may be compromised you should contact us immediately.
   3. We have the right to disable any user account or password at any time. This is most likely to be if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
   4. We are unable to accept registrations from children under the age of 18. Anyone under the age of 18 is expressly prohibited from registering for Horse Monkey. However, an adult is able to register for Horse Monkey and use their registration to administer membership or book or register for Events for under 18s.

6. Relationships and roles

   1. We are a service provider and not an Organiser. We are a service provider to users of Horse Monkey to facilitate Event management and administration. We do not create or organise events for Organisers other than ourselves.  We act as the relevant Organiser’s limited agent solely for the purpose of accepting bookings and/or registrations for Events.
   2. How we handle payments. Where you make payments through Horse Monkey then this is handled in different ways:
   3. where the Organiser is using our preferred payment processing services through Stripe, Inc. (“Stripe”), then we and Stripe act as the Organiser’s limited agent solely for the purpose of collecting payments made by you on Horse Monkey and passing such payments to the Organiser; or
   4. where the Organiser uses a third party payment processor, or handles payment processing itself, then Horse Monkey is not processing the payment and will simply transmit the payment details (if applicable) to the Organiser or their designated payment provider.

7. Organiser pages and content

   1. We are not responsible for an Organiser’s content. Each Organiser is solely responsible for any Organiser Content it creates and publishes on Horse Monkey and we cannot accept any liability for such Organiser Content. We do not actively monitor such Organiser Content, but you can report any Organiser Content that you consider to be inappropriate by contacting us on hello@horsemonkey.com.
   2. Horse Monkey may contain links to other websites. We have no control over such websites and the content of those links. We are not responsible for the availability of the links, the content of those websites or for any advertisements, products, services or other materials on those websites. We are not responsible for any losses or any damages arising from those websites even where the websites may be affiliated with Stripe or any Organiser.

8.  Events

   1. We are not responsible for an Organiser’s Event. Each Organiser is solely responsible for any Events posted by it, and you acknowledge and agree that we shall have no responsibility for any Event. We have no control over and do not guarantee the safety, accuracy, legality or performance of the Event or any Organiser Content associated with the Event.
   2. Terms and Conditions of Events. When you register for, or book an Event through Horse Monkey you will be entering into a legally binding contract with the relevant Organiser. You should check all terms and conditions applicable to such Event to make sure that you agree to them.
   3. Organisers may stipulate an age limit for participation in an Event. Organisers are responsible for the Events that they advertise on Horse Monkey, which may include age limits. If you do not comply with the Organiser’s stipulations you may be refused entry to the Event. We do not have any responsibility for how Organisers deal with this.  
   4. Confirmation of bookings or registrations. We will send you an automated acknowledgement of any Event registrations or bookings submitted through Horse Monkey.
   5. Cancellations and refunds. If you wish to cancel or transfer tickets to or registration for an Event you have paid for on Horse Monkey, please contact the relevant Organiser directly as we are not able to directly approve or action refunds, cancellations or transfers.

9. Our Fees

   The Organiser is responsible for our fees. Horse Monkey is free to use for competitors and attendees and we only charge Organisers for use of Horse Monkey. However, some Organisers may pass our fees on to the clients,  members or attendees of their Events and this may show as administration costs or other fees when you register or book an Event. Where such costs or fees are added to any price payable to the Organiser, the amount paid by you is determined by the Organiser and may be higher or lower than our own fees to the Organiser.

10. Service Levels

    1. We may suspend or withdraw Horse Monkey. We do not guarantee that Horse Monkey, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Horse Monkey for business and operational reasons.
    2. We are not responsible for viruses and you must not introduce them. We do not guarantee that Horse Monkey will be secure or free from bugs or viruses. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Horse Monkey, the server on which Horse Monkey is stored or any server, computer or database connected to Horse Monkey. You must not attack Horse Monkey 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 cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Horse Monkey will cease immediately.
    3. You are responsible for configuring your information technology, computer programmes and platform to access Horse Monkey. You should use your own virus protection software.

11. Content uploaded by you to Horse Monkey

    1. Acceptable Use Policy. Whenever you make use of a feature that allows you to upload or submit content to Horse Monkey, or to make contact with Organisers or other users of Horse Monkey, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
    2. Publication of submissions. Certain information you submit to Horse Monkey may be published by the relevant Organiser on their Event pages. We are not responsible for what information is published, and you should contact the relevant Organiser for more details or to have any such content removed.
    3. We may disclose your identity. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
    4. We may remove any content. We have the right to remove any content you make on our site if, in our opinion, your post does not comply with the content standards set out in our [Acceptable Use Policy].

12. Intellectual Property Rights

    1. We own, or are licensed to use, all rights in Horse Monkey. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You grant us a licence to use any content uploaded by you to Horse Monkey. When you upload content to Horse Monkey, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and licence to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit your content, in whole or in part, in any media now known or hereafter developed, to:
       1. administer Horse Monkey;
       2. provide services through Horse Monkey to you and to users of Horse Monkey;
       3. to promote the Services; and
       4. to improve Horse Monkey and any other services that we offer to our clients and customers.

13. Our responsibility for loss or damage suffered by you

    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    2. We are not responsible for business losses. Save for Organisers, who are bound by different terms and conditions (our Terms and Conditions of Use for Organisers), we only provide Horse Monkey for domestic and private use. You agree not to use our site 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.
    3. We are only responsible for foreseeable loss. We will only be liable for any damage suffered by you which is foreseeable. We will not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time that you agree to these terms and conditions, both we and you knew that it might happen.

14. Other terms and Conditions

    1. These terms and conditions of use constitute the entire agreement between you and us in respect of your use of Horse Monkey, superseding any prior agreements. However, you may also be subject to additional terms and conditions that may apply depending on your use of certain functions of Horse Monkey including, but not limited to, those set out below:
    2. Organisers. If you use Horse Monkey as an Organiser, then our Terms and Conditions of Use for Organisers will apply to any such use.
    3. Events. When you book or register for any Event, such a contract will be governed by the relevant Organiser’s terms and conditions. Please check the relevant Event page for more details. We are not a party to any contract you enter into when you book or register for an Event.
    4. Payment Services. All payments made via Horse Monkey are handled by third party payment providers and will be subject to their own terms and conditions. We are not a party to any contract you enter into for payment services.

15. General

    1. We may assign our rights. We may assign or transfer our rights and obligations under these terms and conditions to another entity.
    2. You cannot assign your rights. You cannot assign or transfer your rights or obligations under these terms and conditions to any other entity without our prior written approval.
    3. We will only waive our rights in writing. If we do not insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    4. Each paragraph of these terms and conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. These terms are drafted in the English language. Any notice given or in connection with these terms shall be in English.
    6. Governing law and Jurisdiction. These terms are governed by English law and you can bring legal proceedings in respect of these terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these terms in either the Northern Irish or the English courts.

Welcome to Horse Monkey. Horse Monkey enables people to plan, promote, and sell tickets, entries and/or services to any equestrian event. Horse Monkey makes it easy for everyone passionate about horses to discover events, and to share the events they are attending with the people they know. The following pages contain our Terms and Conditions of Service, which govern all use of our Services.

1. Who we are

   Who we are. We are Horse Monkey Limited, a company incorporated in England and Wales with Company Number 8227088. Our registered office address is at 1 Gleneagles Drive, Brockhall Village, Old Langho, Lancashire, BB6 8BF, but our main trading address is at Mere Court Stud, Mythop Road, Weeton Lancashire, FY4 4XB.  Our VAT registration number is 151 6571 17.

   1. How to contact us. You can contact us in any of the following ways:
      1. By email: hello@horsemonkey.com.
      2. By phone: ‭0333 050 7420‬
      3. By post: Mere Court Stud, Mythop Road, Weeton Lancashire, FY4 4XB.

2. Who are Organisers?

   1. Horse Monkey provides a simple and quick means for event organisers and planners ("Organisers") to manage their events and collect payments with respect to the sale of tickets/registrations, merchandise and services for, and the solicitation of donations with respect to, events registered on the Site (“Events”).
   2. Organisers may visit the Site, fill out a questionnaire about, including pricing, location, services, etc., and collect payments online. In addition, organisers manage the participation in their events.

3. Acceptance of Terms

   1. The following terms and conditions (these “Terms”) govern all use by you as an Organiser of:
      1. the Horse Monkey website and domains (including all webpages, subdomains and subparts therein contained, the "Site");
      2. any and all services available on or through the Site or otherwise provided by us for your Events (as defined below); and
      3. all Software (as defined below)
      4. (collectively, the "Services").
   2. Our General Terms and Conditions of Use (“General Terms”) shall apply to all other use of the Services by you other than in your capacity as an Organiser. A copy of the current General Terms can be found [here].
   3. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that we may publish from time to time on the Site. By using or accessing any part of the Services, you agree to such terms and conditions. If you do not agree to any of such terms, conditions, rules, policies or procedures, do not use or access the Services.
   4. These Terms may only be modified:
      1. on an event by event basis through a written services agreement or written addendum agreement to these Terms, signed by you and an authorised officer of Horse Monkey; or
      2. by us as provided in section 3.5 below.
   5. We reserve the right, at our sole discretion, to modify or replace any of the terms or conditions of these Terms, or any other operating rules, policies and procedures at any time. We will post any changes on the Site and will use reasonable endeavours to bring any updates to your attention; however it is your responsibility to check these Terms periodically for changes.  Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing and otherwise using the Services.

4. Your use of the Services

   1. Subject to payment of any applicable fees, we hereby grant you a non-exclusive, non-transferable and non-sublicensable right to access and use the Services solely for the purposes of creating an event page with respect to, and promoting, managing, tracking, and collecting ticket payments, event registration fees and/or service fees for, an event that you have registered on the Site, in each case:
      1. in compliance with these Terms; and
      2. to the extent permitted under all applicable laws and regulations.
   2. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly:
      1. modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below);
      2. reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law);
      3. rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of organising, administering and managing Events in accordance with these Terms);
      4. remove or alter any proprietary notices or labels on or in the Services or Site Content; or
      5. engage in any activity that interferes with or disrupts the Services.

5. Service Availability And Function

   1. We reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason, with or without notice. We will not be responsible to you for a refund, in whole or part, of any fees for any reason. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
   2. The Services are provided on an "as is" and "as available" basis. We hereby expressly disclaim all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose.
   3. We make no warranty or representation that:
      1. the Services will meet your requirements;
      2. your use of the Services will be uninterrupted, timely, secure, or error-free;
      3. the Services themselves (or any part thereof) will meet your expectations; or
      4. any errors in the Services will be corrected.

6. Additional Services

   We may, upon request, and for such fees as we may establish from time to time in our sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation providing consultants and staff to assist you on the date of your Event, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your Event, shall be deemed a part of the Services and subject to these Terms. Such additional services shall be set forth in a written Appendix Agreement to these Terms, and shall set forth the relevant fees and any other terms and conditions relating to such additional services.

7. Upgrade Subscriptions

   Where you have purchased an upgrade subscription to our standard service, then the contract incorporating these terms shall continue for the duration of such subscription. Unless terminated by you by giving not less than 1 month written notice to terminate at the end of the subscription term, it shall renew for a further term of a full month subject to these Terms.

8. Account, Password And Security

   1. We are concerned about the safety and privacy of all our users, particularly children. For this reason, and to be consistent with the terms of use of any payment service provider or other third party service provider, you must be at least 18 years of age to register for an Organiser account.
   2. To be a registered user of the Services as an Organiser you agree to:
      1. provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "Registration Data"); and
      2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
      3. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).
   3. As part of the registration process for the Services, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by any sub-users registered under your account.
   4. You Agree To:
      1. immediately notify us of any unauthorised use of your password or account or any other breach of security (either actual or suspected); and
      2. ensure that you exit from your account at the end of each session.
   5. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this or from any unauthorised access to or use of your account.
   6. In the event of any dispute between two or more parties as to account ownership, you agree that we shall be the sole arbiter of such dispute in our sole discretion and that our decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

9. Data Protection and Data Sharing

   1. By using the Services, we will each be receiving personal data in respect of users of the Site, and this information will be shared.
   2. We shall be data controller of any personal data inputted or otherwise submitted by users (including Organisers) onto the Site and Services. Where a user inputs or otherwise submits personal data through your Event or Organiser page(s) on the Site, then you shall also be a data controller of such personal data.
   3. Each of you, and us, shall comply with all the obligations imposed on a controller under:
      1. the Data Protection Act 1998, until the effective date of its repeal;
      2. the General Data Protection Regulation ((EU 2016/679) (“GDPR”) and any national implementing laws, regulations and secondary legislation, for so long as GDPR is effective in the UK; and
      3. any successor legislation to the Data Protection Act 1998 and the GDPR, in particular the Data Protection Bill 2017-2019, once it becomes law, (together, “Data Protection Legislation”).
   4. You shall ensure that you provide an appropriate privacy notice (“Privacy Notice”) on your Event or Organiser pages, and provide such notice to any potential data subjects including all necessary information as to the nature of any data processing to be carried out by you and your data processors, and ensure that you have all necessary consents or lawful rights for such processing to take place. This shall include, without limitation,:
      1. the right to share results and/or other Event data in respect of your Events with us, and for such personal data to be retained by us, our successors and assignees in accordance with our [Privacy Notice];
      2. the right to use the Services as part of the Event administration and management functions; and
      3. if applicable, the right for you to send marketing information to individuals who register for an Event through the Services.
   5. We shall provide you access to user data in respect of any Events registered for or attended for which you are the Organiser, and you agree that you shall use such personal data solely for the following purposes:
      1. to promote, administer and manage your Events and membership; and
      2. otherwise in accordance with the purposes expressly stated in your Privacy Notice and in accordance with the Data Protection Legislation.
   6. We also allow you to search for users of the Site so that you can register them for Events where they have not registered previously. You are only permitted to search for users with their knowledge and permission and are not permitted to use such personal data for any purpose other than for registering them for your Event.
   7. You shall not create, edit, amend, or otherwise modify any user of the Site’s account details or history without the knowledge and consent of such user.
   8. Where you create user records on the Service for individuals who do not have a Horse Monkey account, you must notify them that you will be creating an account on the Service and you must tell all Event registrants that their details will be shared with us.

10. Events

    1. As an Organiser you are able to create an Event on the Site using the Services. You shall be solely responsible for:
       1. Any material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively “Content”) that you upload, provide or otherwise make available to the Services;
       2. The organisation, administration and management of the Event, (including without limitation ensuring that the Event is operated in compliance with all applicable laws and regulations and the collection of any registration fees).
    2. We may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].horsemonkey.com). All such sub-domains remain at all times our sole property. Where we provide you with a sub-domain, your right to use such sub-domain may be terminated by us at any time (with or without notice) for any reason or no reason.
    3. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and licence to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit your Content, in whole or in part, in any media now known or hereafter developed, to:
       1. promote the Event;
       2. provide the Services to you, and to users of the Site;
       3. promote the Services; and
       4. to improve the Services and any other services that we offer to our clients and customers.
    4. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing licence in section 6.2, and that:
       1. no element of your Content infringes, violates, misappropriates or otherwise conflicts with the rights of any third party;
       2. your Content complies with all applicable laws and regulations (foreign and domestic); and
       3. your Content is accurate and truthful; and
       4. your Content meets our Acceptable Use Policy from time to time.
    5. We reserve the right to remove any Content from the Site at any time if we believe, in our sole discretion, that it does not comply with these Terms.
    6. You agree that we may use your business name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of the Services, both on the Site and in marketing and promotional materials generally.

11. Payment Services

    1. Where you use the Services to take payments for Events or any other goods or services provided through the Services, these transactions will be processed by our preferred partner payment services provider, Stripe. In such circumstances both we and Stripe shall act as your limited agent for the sole purpose of collecting the payment. Any such payment services provided by Stripe shall be subject to their terms and conditions, a copy of which are available at https://stripe.com/gb/pricing.
    2. Upon a payment being taken from a user of the Site, a booking confirmation message shall be generated by us and a unique confirmation number issued to both you and the user.
    3. You agree to honour all bookings or other contracts formed or concluded through the Services.

12. Event Fees, Refunds and chargebacks

    1. You shall be responsible for setting the level of fees payable by users to register for an Event (“Ticket Price”), however the Ticket Price shall not, save as set out in Section 8.2, be higher than the price payable by any other method of registration.
    2. You may select whether to absorb our fees into your Ticket Price for an Event, or to pass them through (either in whole or in part) to users by way of an administration charge in addition to the Ticket Price. In such cases the administration charge shall not be higher than the standard fee charged by Horse Monkey of £1.50 inclusive of VAT. You will be solely responsible for our fees whichever approach is adopted.
    3. It is your responsibility to communicate your refund policy to users of the Site and to issue refunds in accordance with such policy. You must ensure that your refund policy is consistent with these Terms and all applicable laws and regulations.
    4. All communications or disputes regarding refunds or chargebacks are between you and your customer, and we will not be responsible or liable for, or have any liability in respect of refunds or chargebacks.
    5. Notwithstanding the foregoing in Section 8.2, you acknowledge and agree that we shall have the right to force a refund of any or all registration entries/tickets at any time for any reason, including without limitation:
       1. if we receive complaints from a substantial number (as determined by us in our sole discretion) of users with respect to any Event; or
       2. if we determine, in our sole discretion, that you have engaged in any fraudulent activity or made any misrepresentations in respect of the Event or your Content.
    6. You acknowledge that our fees paid per booking are non-refundable.
    7. Any chargeback claims initiated by a user of the Site for any reason with respect to an Event shall be charged back to you.

13. Our Fees and other charges

    1. Our fees shall be as set out in our Pricing or Fees page on the Site and shall be dependent on the level of Services you have subscribed for.
    2. All fees are:
       1. inclusive of VAT, the details of which shall be added to our invoice(s) at the appropriate rate;
       2. payable in GB pounds sterling (£); and
       3. are non-cancellable and non-refundable.
    3. We shall be entitled to increase our fees from time to time and shall publish such fee increases on the Site from time to time. Where you have purchased an Upgrade Subscription] then we must give you not less than 90 days’ notice of any fee increase, and you shall be entitled to terminate your subscription on not less than 60 days’ notice following receipt of our notice of fee increases.
    4. Where our fees are stated as monthly or recurring, for example as part of an Enterprise Solution, we will issue you with a valid VAT invoice in accordance with the agreed billing periods (usually monthly). The payment of subscription and variable fees is due on the receipt of invoice.
    5. Where fees are incurred in respect of an Event, then we shall be entitled to invoice you upon the Event closing (or such earlier time should we or you suspend or terminate access to the Event pages). Payment is due on the receipt of invoice.
    6. Without prejudice to any other right or remedy, we shall be entitled to set off any amount payable to us for our fees from any payments to be made to you in respect of payments received from users of the Site.
    7. You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to your use of the Services and for collecting, remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities, even if we provide you with tools that assist you in doing so. We do not represent or warrant that any tax tools will meet all tax requirements that may be applicable to you. We cannot give you legal or tax advice, so please be sure to check with your own tax adviser about any applicable Taxes. In the event that a governmental authority requires us to pay any Taxes attributable to your use of the Services, you agree to indemnify and reimburse us for such Taxes and all costs and expenses related thereto.
    8. If we have not received payment within 30 days of the due date, and without prejudice to any other rights and remedies we may have:
       1. we may, without liability to you, disable your password, account and access to all or part of the Services, and suspend or remove publication of your Events and/or Organiser pages on the Site, and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and
       2. interest shall accrue on a daily basis on such due amounts at an annual rate equal to 4% over the then current base lending rate of the Royal Bank of Scotland base rate from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.

14. Intellectual property rights in the Services

    1. All material, including without limitation information, data, software, text, design elements, graphics, images and other content contained in or delivered via the Services or otherwise made available by us in connection with the Services, but excluding your Content, (collectively, "Site Content") is owned by us and our licensors and you shall gain no rights in or to any such Site Content save as expressly set out in these Terms. Any rights not expressly granted herein are reserved.
    2. Except as expressly authorised by us in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose.
    3. We hereby grant you a non-exclusive and royalty-free licence (the "Brand Licence '') to use certain of our trademarks solely for the purpose of promoting the Event and use of the Site by Users. Details of the trade marks so licensed, together with guidelines and requirements for use can be found in our Brand Guidelines. We reserve the right to amend or modify the Brand Guidelines from time to time and will publish details of any changes on the Site. You agree that:
       1. when using the trade marks the you will include the following notice "The marks “HORSE MONKEY”, and the Horse Monkey logo are owned by Horse Monkey Limited and are used under licence";
       2. you acknowledge that you do not have any right, title or interest in or to the trade marks. All goodwill resulting from your use of the trade marks shall inure to our benefit; and
       3. we may terminate the Brand Licence in whole or in respect of any specified trade mark at will.

15. Indemnity

    1. You agree to defend, indemnify and hold Horse Monkey Limited, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable legal and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of:
       1. your Content;
       2. your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another;
       3. your Event(s); and
       4. your violation of any of these Terms.
    2. We shall provide notice to you of any such Claim, provided that the failure or delay by us in providing such notice shall not limit your obligations hereunder.
    3. We reserve the right to assume the exclusive defence and control of any matter which is subject to indemnification under this Section 9, and in such case, you agree to cooperate with all reasonable requests in assisting our defence of such matter.

16. Limitation of Liability

    1. Nothing in these Terms shall exclude or limit our liability for:
       1. death or personal injury caused by our negligence;
       2. fraud or fraudulent misrepresentation; or
       3. any other liability to the extent that it is not permitted to be excluded or limited by applicable law or regulation.
    2. Subject to Section 13.1, we shall have no liability in respect of:
       1. indirect or consequential losses;
       2. loss of profits;
       3. loss of business;
       4. loss of revenue;
       5. depletion of goodwill and/or similar losses;
       6. loss of anticipated savings;
       7. loss or corruption of data or information;
       8. special, incidental, punitive or consequential loss or damage,

       irrespective of whether such liability is based in contract, tort (including, but not limited to negligence) and otherwise, and howsoever arising.

    3. We are not responsible for, and shall have no liability in respect of any content, products, services, actions or inactions of any other user of the Site or third party before, during and/or after an Event.
    4. You acknowledge that we have no control over and do not guarantee the truth or accuracy of any users' content or listings, or the ability of any user to perform, or actually complete a transaction.
    5. We are not affiliated with, and have no agency or employment relationship with, any third party service provider used in conjunction with the Services (including, without limitation, any payment service), and we shall have no responsibility for, and hereby disclaim all liability arising from, the acts or omissions of any such third party service provider.
    6. Subject to the other provisions of this Section, our liability arising out of or in connection with the Services will be limited to an amount equal to the fees paid or payable in respect of the Event in respect of which the event or circumstances giving rise to the liability occurred.

17. Third Party Providers

    You acknowledge that the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at its own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us. We recommend that you refer to the third party's website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party websites made available via the Services.

18. Force Majeure

    We shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under these Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

19. Waiver

    No failure or delay by us to exercise any right or remedy provided under these Terms 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.

20. Rights And Remedies

    Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

21. SEVERANCE

    1. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
    2. If any provision or part-provision of these Terms is deemed deleted under Section 20.1 we shall be entitled to substitute a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

22. Entire Agreement

    1. These Terms constitute 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.
    2. You acknowledge that in accepting these Terms you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
    3. You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

23. Assignment

    1. You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms.
    2. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms.

24. No Partnership Or Agency

    Nothing in these Terms is intended to or shall operate to create a partnership between us and you, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

25. Third Party Rights

    These Terms do not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

26. Notices

    1. Any notice required to be given under these Terms shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post or email as follows:
       1. to us, at the address details given in Section 1.1; and
       2. to you, at the address given when you register for the Services, as you may update from time to time.
    2. A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at 9 am on the next business day following transmission

27. Governing Law

    These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

28. Jurisdiction

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

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

What Is In These Terms?

This acceptable use policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way,

Who We Are And How To Contact Us

Who we are. We are Horse Monkey Limited, a company incorporated in England and Wales with Company Number 8227088. Our registered office address is at 1 Gleneagles Drive, Brockhall Village, Old Langho, Lancashire, BB6 8BF, but our main trading address is at Mere Court Stud, Mythop Road, Weeton Lancashire, FY4 4XB.  Our VAT registration number is 151 6571 17.

How to contact us. You can contact us in any of the following ways:

• By email: hello@horsemonkey.com.
• By phone: ‭0333 050 7420‬
• By post: Mere Court Stud, Mythop Road, Weeton Lancashire, FY4 4XB.

By Using Our Site You Accept These Terms

By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

Our Terms of Use, also apply to your use of our site.

We May Make Changes To The Terms Of This Policy

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. [These terms were most recently updated on 29/12/21]

Prohibited Uses

You may use our site only for lawful purposes.  You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (as set out below).
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Use.
• Not to access without authority, interfere with, damage or disrupt:

• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

Interactive Services

We take reasonable steps to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These content standards apply to any and all material which you input or otherwise upload to our site ("Contribution"), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be in contempt of court.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from Horse Monkey Limited, or any other third party, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites, save that Event Organisers are able to promote their own Events on the Site.

Breach Of This Policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which Country's Laws Apply To Any Disputes?

If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.