Terms and Conditions Organisers

Horse Monkey Terms & Conditions of Service For Organisers

Issued Feb 23 January, 2018

Welcome to Horse Monkey. Horse Monkey enables people in the UK 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.


1.1 Overview.

The following terms and conditions (these “T&C”) govern all use by you as an Organiser (as defined below) of (a) the Horse Monkey website and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by Horse Monkey ("Horse Monkey") for your events, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by Horse Monkey. 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 may be published from time to time on the Site by Horse Monkey. By using or accessing any part of the services, you agree to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the site by Horse Monkey. If you do not agree to any of such terms, conditions, rules, policies or procedures, do not use or access the services. These T&C may only be modified (i) on an event by event basis through a written services agreement or written addendum agreement to these T&C, signed by you and an authorised officer of Horse Monkey, or (ii) by Horse Monkey as provided in section 1.2 below.

1.2 Modification.

Horse Monkey reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these T&C at any time. It is your responsibility to check these T&C periodically for changes. Your continued use of the Services following the posting of any changes to these T&C constitutes acceptance of those changes. If any change to these T&C is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.


Horse Monkey provides a simple and quick means for registered users who are event organisers and planners ("Organisers" or "you") to 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, including Service Fees (as defined below) ("Event Registration Fees"), from users who want to attend such events ("Buyers"). Organisers may visit the Site, fill out a questionnaire about their event, including pricing, location, services, etc., and collect Event Registration Fees online directly from Buyers. Payments are all transacted through Stripe. For more information, please see Clause 4. These T&C apply to you and your use of the Services as an Organiser. For the Terms of Service Agreement that applies to you and your use of the Services as a Buyer and/or other non-Organiser user or visitor, please see http://horsemonkey.com/terms_buyersandothers.


3.1 The Services.

Horse Monkey hereby grants you a non-exclusive, non-transferable, 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 (i) in compliance with these T&C, and (ii) to the extent permitted under all applicable laws and regulation. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) 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); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of collecting Event Registration Fees through the Site as an Organiser in accordance with these T&C’s); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.


4.1 Payment Process

Payment processing, for the collection of Event Registration Fees, occurs using Horse Monkey’s preferred third party payment services provider, STRIPE. Both Organisers and Horse Monkey are subject to the rules and regulations of STRIPE.  Upon a booking being made by a buyer and confirmed through Horse Monkey, a a confirmation message is generated and issued with a unique confirmation number for such booking.

The Organiser agrees that all ticket payments, event registration fees and/or service fees for a given event are earned by the Organiser only following conclusion of the applicable ticket purchase, entry registration and service start date and all Event ticket payments, event registration fees and/or service fees ultimately due will be net of all Service Fees, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise. Horse Monkey will not refund fees charged for transactions of refunded bookings or cancelled events. All sales, fees, charges, and funds are payable in GB Pounds Sterling.

The Organiser agrees to pay all applicable service fees required for use of the Horse Monkey Services (the “Horse Monkey Service Fee”). In most cases, the Horse Monkey Service Fee is applied to each Event Entry Fee received by the Organiser via the Services. However, the Horse Monkey Service Fee may also appear as a single or repeating flat rate depending on the type or size of the event.

Invoices for Horse Monkey Fees incurred by the Absorbing Online Fees or generated by bookings processed by the Organiser using the Show Office entry administration module, are sent to Organisers 5 days after the end of the event together with a summary of the event.  All invoices are due and payable within thirty (30) days of delivery of the invoice

(b) Refunds.

It is the responsibility of the Organiser to communicate its refund policy to Buyers and to issue refunds to Buyers. An Organiser shall ensure that its refund policy is consistent with the terms of these T&C. All communications or disputes regarding refunds are between the Organiser and Buyer, and Horse Monkey will not be responsible or liable for. (ii) Notwithstanding the foregoing, you acknowledge and agree that Horse Monkey shall have the right to force a refund of any or all registration entries/tickets at any time for any reason or no reason, including without limitation if Horse Monkey receives complaints from a substantial number (as determined by Horse Monkey in its sole discretion) of Buyers with respect to the applicable event or another event held by Organiser, or Horse Monkey determines in its sole discretion that Organiser has engaged in any fraudulent activity or made any misrepresentations.  All communications and disputes regarding chargebacks and refunds are between the Organiser and Buyer and Horse Monkey will not be responsible or liable in any way for refunds requested in connection with a Buyer’s use of the Services.  The Organiser acknowledges that the  Horse Monkey service fee paid per booking is non-refundable*.

(c) Chargebacks.

Any chargebacks claims initiated by a Buyer for any reason with respect to an event shall be charged back to the Organiser of such event. All communications and disputes regarding chargebacks are between the Organiser and Buyer, and Horse Monkey will not be responsible or liable in any way for, and Organiser hereby agrees to fully indemnify Horse Monkey and its affiliates for, chargebacks issued in the course of any payment methods available on the site.

4.4 Non-Exclusive Remedies.

(a) Confirmation.

Upon receipt of a payment authorisation from each individual ticket purchase, event registration fees payment and/or service purchase, Horse Monkey generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honour and fulfil all event ticketing/registration/services commitments that have been confirmed by Horse Monkey through the Services, and it is your responsibility to verify the Buyer's membership status, confirmation number and/or any event restrictions prior to the subject event.

(b) Taxes; Withholding.

(i) 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 Horse Monkey provides you with tools that assist you in doing so. Horse Monkey does not represent or warrant that any tax tools will meet all tax requirements that may be applicable to you. Horse Monkey 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 Horse Monkey to pay any Taxes attributable to your use of the Services, you agree to indemnify and reimburse Horse Monkey for such Taxes and all costs and expenses related thereto.

(ii) You agree to pay VAT on all Service Fees charged by Horse Monkey, the details of which will be shown on the summary of your account.


To be a registered user of the Services as an Organiser you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Horse Monkey has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Horse Monkey has 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). Horse Monkey is concerned about the safety and privacy of all its 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 Organisers account.


As part of the Site registration process, 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 sub-users registered under your account. You agree to (a) immediately notify Horse Monkey of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Horse Monkey cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorised access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Horse Monkey shall be the sole arbiter of such dispute in its sole discretion and that Horse Monkey decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.


7.1 Site Content

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by Horse Monkey in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Horse Monkey may own the Site Content or portions of the Site Content may be made available to Horse Monkey through arrangements with third parties. Except as expressly authorised by Horse Monkey 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. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Horse Monkey. You shall use the Site Content only for purposes that are permitted by these T&C and any applicable laws and regulations. Any rights not expressly granted herein are reserved.

7.2 Your Content.

You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to Horse Monkey 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, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing licence, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. Horse Monkey reserves the right to remove any of Your Content from the Site at any time if Horse Monkey believes in its sole discretion that it does not comply with these T&C. In addition, you agree that Horse Monkey may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of Horse Monkey both on the Site and in marketing and promotional materials.


8.1 Certain Restrictions.

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Buyers and other users of the Services. You agree not to use the Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way;

facilitate gambling, gaming, lotteries, raffles, contests or sweepstakes; impersonate any person or entity, including, but not limited to, an Horse Monkey representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity; upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events; upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by these T&C or expressly authorised by Horse Monkey interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; intentionally or unintentionally violate any applicable law or regulation, including without limitation any rules, laws and regulations regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on entry/ticket prices, etc.); or stalk or otherwise harass any person or entity.

8.2 Certain Remedial Rights.

You acknowledge that Horse Monkey does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that Horse Monkey and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Horse Monkey may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these T&C; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Horse Monkey, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.


Horse Monkey 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 are the sole property of Horse Monkey. In the event Horse Monkey provides you with a sub-domain, your right to use such sub-domain may be terminated by Horse Monkey at any time (with or without notice) for any reason or no reason.


Horse Monkey may, upon request, and for such fees as Horse Monkey may establish from time to time in its 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 all the terms and conditions of these T&C. Such additional services shall be set forth in a written Appendix Agreement to these T&C, and shall set forth the Service Fees and the other terms and conditions relating to such additional services


You agree to defend, indemnify and hold Horse Monkey, 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 attorneys 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: your Content; 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; your event(s); and/or your violation of these T&C. Horse Monkey shall provide notice to you of any such Claim, provided that the failure or delay by Horse Monkey in providing such notice shall not limit your obligations hereunder. Horse Monkey reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Horse Monkey’s defence of such matter.


Horse Monkey reserves 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 or no reason with or without notice. Horse Monkey will not be responsible to you for a refund, in whole or part, of Service Fees for any reason. You agree that Horse Monkey shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.


Horse Monkey, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due Horse Monkey, or if Horse Monkey believes that you have violated or acted inconsistently with the letter or spirit of these T&C. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Horse Monkey may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Horse Monkey shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of these T&C that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licences).

  1. LINKS

The Services may provide, or third parties may provide, links to other Internet websites or resources. Because Horse Monkey has no control over such websites and resources, you acknowledge and agree that Horse Monkey is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Horse Monkey shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.


The services are provided on an "as is" and "as available" basis. Horse Monkey hereby expressly disclaims 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. Horse Monkey makes no warranty that: (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the services themselves (or any part thereof) will meet your expectations, or (v) any errors in the services will be corrected. Horse Monkey is not responsible and shall have no liability for the content, products, services, actions or inactions of any user, buyer or other non-organiser, organiser or third party before, during and/or after an event; and Horse Monkey will have no liability with respect to any warranty disclaimed in (i) through (v) above. You acknowledge that Horse Monkey has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any users' (including buyers', other non-organisers' and organisers') content or listings, or the ability of any user (including buyers and organisers) to perform, or actually complete a transaction. In addition, Horse Monkey is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the services (including, without limitation, any payment service), and Horse Monkey has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third party service provider. Notwithstanding the foregoing, you may report the misconduct of users, buyers, other non-organisers, organisers and/or third parties in connection with the site or any services to Horse Monkey. Horse Monkey, in its sole discretion, may investigate the claim and take necessary action.


Horse Monkey shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise, with respect to the services, or any other subject matter of these T&C, for: (i) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Horse Monkey has been advised of the possibility of such damages), (ii) the cost of procurement of substitute services, (iii) amounts in excess of  GB £10.00 in the aggregate for all claims from a given organiser with respect to the services, or (iv) any matters beyond Horse Monkey’s reasonable control. Horse Monkey shall have no liability with respect to any of your content or any content of any other user of the services.

16.1 Release

In consideration of being permitted to access and use the services, you hereby agree to release Horse Monkey, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other organisers, buyers, and other non-organisers) in connection with the services, your access and use of the services, or your event.

16.2 Privacy

All information provided by you or collected by Horse Monkey in connection with the Services is governed by Horse Monkey’s Privacy Policy, a copy of which is located at http://horsemonkey.com/privacypolicy, which is hereby incorporated by reference into these T&C. Horse Monkey strongly recommends that you review the Privacy Policy closely. In particular, Organisers should note that Horse Monkey may use information it receives or collects regarding Buyers in accordance with the terms of its Privacy Policy, which may include use for marketing or promotion of other events or services that may be of interest to such Buyers. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. Horse Monkey shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. Horse Monkey does not control and shall not be responsible for the acts of you or any other users (whether Organisers, Buyers, other non-Organisers or otherwise) of the Services.


Notices to you may be made via either email or regular mail to the address in Horse Monkey’s records. The Services may also provide notices of changes to these T&C or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at Horse Monkey, PO Box 315, Lytham St. Annes, FY8 9GW.


The trademarks, service marks, and logos of Horse Monkey (the "Horse Monkey Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Horse Monkey. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with Horse Monkey Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Horse Monkey specific for each such use. The Trademarks may not be used to disparage Horse Monkey, any third party or Horse Monkey’s or third party's products or services, or in any manner (in Horse Monkey’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Horse Monkey approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Horse Monkey Trademark shall inure to Horse Monkey’s benefit.


19.1 Entire Agreement

These T&C constitutes the entire agreement between you and Horse Monkey and governs your use of the Services as a Buyer or other non-Organiser, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Horse Monkey on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Services in a manner other than as governed by these T&C.

19.2 Choice of Law

These T&C and the provision of the Services shall be construed in accordance with and governed by English Law and the parties hereby submit to the exclusive jurisdiction of the English courts.

19.3 Waiver; Invalid Provisions

The failure or delay of Horse Monkey to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these T&C is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these T&C shall remain in full force and effect.

19.4 Time to File Claim

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these T&C must be filed within twelve (12) months after such claim or cause of action arose or be forever barred.

19.5 Titles

The section titles in these T&C are for convenience only and have no legal or contractual effect.

19.6 Violations

Please report any violations of these T&C by email to contact@horsemonkey.com

Horse Monkey