Terms and conditions for oganisers

Horse Monkey UK Organiser Terms and Conditions

Effective date: V26.09.01 

These Terms govern use of Horse Monkey by an Event organiser, association, club, venue or other person acting for purposes relating to a trade, business, craft, profession or organisation. If you use Horse Monkey in the United States, the United States Addendum applies. Read the applicable Country Addendum with these Terms. It changes these Terms only for the matters it expressly covers.

1. Who we are

(a) Horse Monkey Limited is a company incorporated in England and Wales with company number 08227088. Our registered office is 1 Gleneagles Drive, Brockhall Village, Old Langho, Lancashire, BB6 8BF.

(b) You can contact us:

• by email at hello@horsemonkey.com;
• by phone on 0333 050 7420; or
• by post at FAO Horse Monkey Ltd, Mere Court Stud, Mythop Road, Weeton, Lancashire, FY4 4XB.

2. Definitions

3. Acceptance and document hierarchy

(a) By creating or administering an Event, purchasing an Organiser subscription or otherwise using the Services as an Organiser, you agree to these Terms. Any Country Addendum that applies to your Organiser Account, Event or functionality forms part of the same acceptance. The applicable Pricing Information forms part of your contract for a paid plan or chargeable activity and is made available through your confirmed Organiser Account before you accept the applicable terms or incur the relevant charge. The individual accepting these Terms confirms that they are at least 18 and have authority to bind the Organiser.

(b) An Event must not be published through Horse Monkey until the individual publishing it has affirmatively accepted the applicable current Organiser Terms, including any Country Addendum that applies to that Event or functionality, and has been given access to the applicable Pricing Information through the confirmed Organiser Account. A separate acceptance action is not required for the Country Addendum.

(c) The Core User Terms apply when you use Horse Monkey other than in your Organiser capacity. A written order or services agreement may add or vary terms for a particular Service.

(d) If documents conflict, the following order applies:

1. a signed written agreement or order, to the extent it expressly varies the other documents;
2. an applicable Country Addendum, but only for the country-specific matters it expressly changes;
3. the Data Processing Schedule to these Terms for processing governed by it;
4. these Terms;
5. the applicable Pricing Information; and
6. the Core User Terms.

A Country Addendum does not override the Data Processing Schedule for Customer Personal Data unless it expressly says so.

(e) For a price, charging unit, billing period or included usage allowance, a signed written order takes priority; otherwise the applicable Pricing Information controls over any general pricing description in these Terms. Pricing Information does not otherwise override these Terms.

(f) We may amend these Terms to reflect changes in law, regulation, security, technology, the Services or our reasonable business needs. We will publish the revised Terms and give reasonable advance notice of a material change. Changes do not apply retrospectively. If a material change significantly disadvantages you, you may terminate the affected recurring Service before it takes effect, subject to fees already due.

4. Your right to use the Services

(a) Subject to payment of applicable fees, we grant you a non-exclusive, non-transferable and non-sublicensable right to use the Services during the applicable term to create, promote and administer Events and associated bookings, entries, tickets and other Event services where offered, payments, start information, results and records.

(b) You must not, and must not permit another person to:

• copy, modify or create derivative works from the Services except through their intended functionality;
• reverse engineer, disassemble or decompile the Services except to the limited extent the law does not permit that restriction;
• rent, lease, resell or provide the Services as a service bureau;
• remove proprietary notices;
• gain unauthorised access to systems or data;
• introduce malicious code, overload or disrupt the Services; or
• use the Services unlawfully or in a way that infringes another person's rights.

5. Service availability and changes

(a) We provide the Services with reasonable care and skill. We do not guarantee that every feature or third-party integration will always be available, uninterrupted or error-free.

(b) We may maintain, modify, suspend or discontinue a Service or a specific integration for security, legal, technical, governing-body or reasonable business reasons. Where reasonably practicable, we will give advance notice of a material suspension or discontinuance. If we permanently discontinue a prepaid recurring Service for reasons other than your breach, we will refund the prepaid fee for the period after discontinuance.

(c) Additional consultancy, Event-day support or account-management services must be described in a written order or agreement, including the scope and fees.

6. Accounts, personnel and security

(a) You must provide accurate, current and complete registration information and keep it updated. You are responsible for authorising and managing your personnel and sub-users.

(b) You must ensure that people using the Services for you have the authority and permissions needed for the functions they use, including access to personal information, payment information, results and governing-body integrations.

(c) You must protect passwords and access credentials, use reasonable security measures and notify us promptly at hello@horsemonkey.com of suspected unauthorised access or another security incident affecting the Services.

(d) We may suspend access to an Account or feature where reasonably necessary to address a security risk, suspected fraud, unlawful use, non-payment, governing-body restriction or a material breach. Where it is safe and lawful to do so, we will explain the reason and give you a reasonable opportunity to remedy a remediable breach.

(e) If account ownership or authority is disputed, we may temporarily restrict the Account while we consider available evidence. We will act reasonably but do not determine ownership, employment or internal governance disputes between third parties.

7. Subscriptions and fees

(a) The selected plan, current standard price, charging units and any included usage allowance are stated in the applicable Pricing Information and, where relevant, the order or purchase screen. The applicable Pricing Information forms part of your contract for the relevant Service. Any different minimum term or price expressly agreed in a signed written order takes priority.

(b) A monthly subscription renews for successive one-month periods unless cancelled before the next renewal. An annual or other fixed-term subscription renews only where the applicable order, purchase screen or Pricing Information says so. You may switch off renewal through the Account or by emailing hello@horsemonkey.com. Cancellation takes effect at the end of the period already paid for unless the applicable order states otherwise.

(c) Usage-based fees may include processing paid bookings, complimentary bookings, manually added bookings, offline-payment or non-Stripe settlement activity, additions or amendments to bookings, or other chargeable functions identified in the Pricing Information. A Country Addendum or the Pricing Information may state a plan-specific charging unit for a particular activity. The applicable rate is the rate shown for that activity when it is processed.

(d) Fees and currency are stated in the Pricing Information. Any VAT or other tax treatment that Horse Monkey is required to disclose or charge will be handled as required by law. You are responsible for taxes applying to your Events, sales and prize payments, except taxes legally imposed on Horse Monkey.

(e) Subscription and usage fees are non-refundable except where these Terms, the applicable order or mandatory law requires otherwise. The specific non-refundability rule for the HM Booking Fee is in clause 12.

(f) We may change recurring or usage fees by giving at least 30 days' notice. A change applies prospectively and, for a fixed term, no earlier than the next renewal unless it results from tax or applicable law. You may cancel before the change takes effect.

(g) Invoices are payable on receipt unless these Terms or the applicable order state another period. If an undisputed invoice remains unpaid five days after we notify you that it is overdue, we may suspend affected Services. Where the Late Payment of Commercial Debts (Interest) Act 1998 applies, we may claim statutory interest and recovery costs. Otherwise, interest accrues at 4% a year above the Bank of England base rate.

8. Events and your responsibilities

(a) You are responsible for creating, organising and operating each Event and for Event-specific decisions. This includes:

• the accuracy and legality of Event information and Content;
• Event safety, safeguarding and venue arrangements;
• eligibility, classes and governing-body rules;
• obtaining permissions and licences;
• Event cancellation, postponement or material changes;
• Event refund and cancellation policies and Event-related refunds;
• accurate start information and results before publication or submission;
• prizes, prize payments and associated tax obligations; and
• compliance with consumer, tax and other laws applying to the Event.

(b) You must provide entrants before booking with your legal or trading identity, contact details, Event description, total price and unavoidable charges, refund and cancellation policy, complaint route, privacy notice and any material participation or eligibility conditions.

(c) You must honour bookings and other Event contracts made through the Services. Horse Monkey provides the technology platform and is not the Event organiser unless an Event page expressly identifies Horse Monkey as the Organiser.

(d) If you cancel, postpone or materially change an Event, you are responsible for the decision, for communicating the Event position to entrants and for any Event refund required by your policy or applicable law. Horse Monkey may provide communication and payment-processing tools but does not take over your Event obligations.

(e) We may provide a Horse Monkey subdomain for your use. The subdomain remains our property. We may change or withdraw it for security, legal, technical or reasonable business reasons, giving reasonable notice where practicable.

9. Content standards

(a) You must have the necessary rights and authority to provide Content. Content must be accurate in material respects and must not:

• be unlawful, fraudulent, defamatory, threatening, discriminatory or deliberately misleading;
• infringe intellectual property, privacy, confidentiality or other rights;
• contain malicious code or promote unlawful activity;
• expose a child or vulnerable person to avoidable harm;
• include unnecessary health, safeguarding, financial or other sensitive information in a public field; or
• misrepresent a person's identity, authority, consent, membership, eligibility or acceptance of terms.

(b) We may restrict or remove Content where we reasonably believe it breaches these standards, creates a security or safety risk, infringes rights, creates a governing-body compliance risk or must be restricted by law. Where appropriate, we will explain the decision and provide a way to raise a concern.

10. Data protection and Event records

(a) Our respective roles depend on the processing. We act as controller for Account administration, platform security, billing, support, service improvement and other purposes we determine, as described in our Privacy Policy.

(b) You act as a separate controller for personal data you collect or use to organise and run Events, manage memberships, decide eligibility, publish results or conduct your own marketing. Where we process personal data solely on your documented instructions to provide Event administration functionality, we act as your processor and the Data Processing Schedule applies.

(c) Each party must comply with the obligations applying to it under Data Protection Laws. Nothing in these Terms assigns a role that does not reflect the parties' actual activities.

(d) You must provide an appropriate privacy notice at the time required by law, including on relevant Organiser or Event pages. You are responsible for your purposes, lawful bases, special-category conditions, retention, access controls, marketing permissions and data-subject handling.

(e) We give you access to personal data relating to your Events. You may use it only to administer and manage those Events and memberships and for other purposes fairly disclosed in your privacy notice and permitted by law.

(f) You may search for or use a Horse Monkey user's profile information only with that person's knowledge and appropriate authority and only for a legitimate Event, membership or other permitted Service purpose. You must not alter an existing user's account credentials, personal account details or history without appropriate authority.

(g) You may add an account manager, athlete, rider, horse or pony to an account or create a limited Event record. You must have a lawful basis and appropriate authority, provide accurate information and give affected people the required privacy information. Horse Monkey's automated account-manager notification does not establish that the recipient agreed to the record, accepted these Terms or agreed to act.

(h) Where you handle children's or special-category data, you must minimise it, apply appropriate access and retention controls, provide age-appropriate information where relevant, and complete a data protection impact assessment where the processing is likely to result in high risk. You remain responsible for parental-responsibility, safeguarding and governing-body requirements applying to your Event.

11. Start lists, times and results

(a) You decide whether Event start lists, running orders, times and results are published and are responsible for identifying an appropriate lawful basis and explaining publication in your privacy notice and Event information.

(b) Published information may include rider name, horse or pony name, class, start time, competition time, score, placing and result. You must not publish contact details, Account credentials, emergency contacts, health or accessibility information through public fields.

(c) You are responsible for checking the accuracy and completeness of results and other Event records before publication or submission to a governing body. Horse Monkey may provide validation or transmission functionality but does not make the underlying Event decision for you.

(d) You must establish reasonable correction, objection, safeguarding and suppression procedures, particularly where junior riders are involved. Horse Monkey will provide reasonable assistance where it processes the information on your behalf.

12. Stripe, HM Booking Fees, Event payments, refunds and chargebacks

(a) Stripe processes Event payments using Stripe Standard Connect. You maintain your own independent relationship with Stripe and control your Standard connected account, including the information supplied to Stripe, bank details, statements and Event funds held or paid out through that account. Card details are collected by Stripe through Stripe Checkout and are not received or stored by Horse Monkey. Stripe's terms and privacy information apply to the payment services it provides.

(b) Event payments are processed on your connected Stripe account. Horse Monkey uses Stripe's application-fee functionality to collect the applicable HM Booking Fee and other Horse Monkey fees as part of the transaction. This payment integration does not make Horse Monkey the supplier or operator of your Event or transfer your Event-finance responsibilities to Horse Monkey.

(c) Horse Monkey always charges the HM Booking Fee to you as the Organiser. You remain responsible for paying it to Horse Monkey whether you absorb the cost or choose to include an amount reflecting that cost in the price charged to the person making the booking. You set the Event price and are responsible for ensuring the total price presented to the customer includes every unavoidable fee or charge and any tax that must be included by law.

(d) The HM Booking Fee is charged for Horse Monkey's booking and payment service. That service includes processing and recording the booking and payment, providing the associated booking and transaction records and, where a refund is later made through Horse Monkey, providing the secure payment functionality used to process that refund. The Booking Fee is incurred when the booking and payment have been successfully processed and the booking confirmation has been made available.

(e) Once incurred, the HM Booking Fee is not refundable merely because the related Event, class, ticket or other booked service is later cancelled, changed or refunded. Processing a later refund through Horse Monkey does not reverse the booking and payment service already provided. Horse Monkey will refund the Booking Fee where Horse Monkey failed to provide that service, the booking or payment was not successfully processed, the fee was charged incorrectly or applicable law requires a refund.

(f) You must publish a lawful and clear refund and cancellation policy. You are financially responsible for Event-related refunds and for making the Event refund decision, subject to mandatory law and payment-scheme rules. If you have passed an amount reflecting the HM Booking Fee to the customer, you remain responsible for ensuring the treatment of that amount on cancellation or refund complies with your disclosed terms and applicable law. Horse Monkey may process a refund you authorise or one reasonably required by law, payment-scheme rules, fraud or a material processing error.

(g) You are financially responsible for Event-related chargebacks and payment disputes except to the extent caused by Horse Monkey's breach or processing error. Stripe will ordinarily debit the disputed amount and any applicable dispute fee from your connected Stripe account, and you are responsible for monitoring your Stripe account and providing evidence to Stripe where you wish to contest a dispute. If Horse Monkey actually incurs or pays an amount for which you are responsible, we may invoice you for that amount. A valid invoice under this clause is payable within 15 days of issue. We will not recover the same amount twice.

(g) Stripe transaction, dispute or other processor charges are governed by Stripe's current terms and pricing and, where they are your responsibility, remain payable by you.

13. Intellectual property and licences

(a) Horse Monkey and its licensors own the Services and Site content, excluding your Content and third-party data. No right is granted except the limited right to use the Services under these Terms.

(b) You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, adapt, display and distribute your Content only as reasonably necessary to provide, secure and support the Services, administer and promote the relevant Event, and create aggregate or de-identified service statistics.

(c) The licence lasts for as long as reasonably needed for those purposes, including backup, legal and Event-record retention. Optional promotional use of your business name or logo outside the relevant Event requires your permission or may be withdrawn by contacting us, without affecting use already lawfully made.

(d) Any permitted use of Horse Monkey names or logos must follow the brand instructions we provide. Third-party and governing-body data and marks remain subject to the rights and restrictions of the relevant owner.

14. Confidentiality

(a) Each party must protect the other's non-public business, technical and commercial information using reasonable care and use it only to perform or receive the Services.

(b) This does not apply to information that is public without breach, already lawfully known, independently developed or lawfully obtained from another source. A party may disclose information where required by law, giving prior notice where lawful and practicable.

15. Third-party services and governing-body integrations

(a) The Services may link to or interoperate with third-party services or governing-body systems. Their terms, technical rules and privacy information may apply to their services or data.

(b) We are responsible for our selection and management of processors as required by Data Protection Laws, but we do not guarantee an independent third party's availability, accuracy, eligibility decision or service. We remain responsible for our own breach and for subcontractors to the extent required by law or contract.

(c) A Country Addendum may impose additional restrictions on a particular governing-body integration. You must comply with those restrictions where they apply to your Event or use.

16. Indemnity

(a) You will indemnify Horse Monkey against reasonable losses, liabilities, damages and costs, including reasonable legal fees, resulting from a third-party claim to the extent caused by:

• your Content or Event;
• your or your personnel's negligent or unlawful use of the Services or infringement of another person's rights; or
• your material breach of these Terms or Data Protection Laws.

(b) The indemnity does not apply to the extent the claim is caused by our breach, negligence or wilful misconduct. We will give prompt notice, allow you reasonable control of the defence and provide reasonable cooperation. You may not settle in a way that admits liability or imposes a non-monetary obligation on us without our consent, not to be unreasonably withheld.

(c) A Country Addendum may contain a narrower additional indemnity for a specific third-party integration where your unauthorised use or false authority creates liability for Horse Monkey.

17. Liability

(a) Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or liability that cannot lawfully be excluded or limited.

(b) Subject to clause 17(a), neither party is liable for indirect or consequential loss or for loss of profit, revenue, anticipated savings, business opportunity or goodwill. This exclusion does not apply to amounts payable under clause 16 or to a party's deliberate infringement of the other's intellectual property rights.

(c) We are not responsible for an Event, Organiser Content, governing-body decision or a third party's independent act or omission. We remain responsible for our own breach and for subcontractors to the extent required by law or contract.

(d) Subject to clauses 17(a) and 17(b), our total aggregate liability arising from the Services in any 12-month period is limited to the greater of £1,000 and the fees paid or payable by you to us for that period. A different cap may be agreed in an Enterprise or other written order or an applicable Country Addendum.

(e) The parties acknowledge that the limitations reflect the nature and price of the standard Services. Each party should maintain insurance appropriate to its activities and risks.

18. Suspension and termination

(a) Either party may terminate an affected Service by written notice if the other commits a material breach and, where the breach can be remedied, fails to remedy it within 30 days after written notice.

(b) We may suspend or terminate an Account, Service or specific integration immediately where reasonably necessary for fraud, serious security or safety risk, unlawful activity, repeated material breach, insolvency, governing-body requirement or a legal requirement. We will act proportionately and explain the action where lawful and practicable.

(c) You may terminate a recurring subscription under clause 7. Ending a subscription does not automatically cancel existing Event contracts, refunds, chargebacks or fees already incurred.

(d) On termination, your right to use the affected Service ends. Each party must pay accrued amounts and address outstanding bookings and refunds. On reasonable request made before termination or within 30 days afterwards, we will make available a standard export of Customer Personal Data where the Service supports it. The Data Processing Schedule governs return and deletion.

(e) Where a third-party or governing-body integration ends, we may remove, restrict, return or delete data obtained from that source where required by the applicable agreement or law. This does not automatically require deletion of independently supplied Organiser or user records unless they are subject to the same restriction.

19. General

(a) Neither party is liable for delay or failure caused by an event beyond its reasonable control, provided it takes reasonable steps to reduce the effect and resumes performance when reasonably possible. Payment obligations already accrued are not excused.

(b) Neither party's delay in enforcing a right waives it. If a provision is unlawful or unenforceable, the remainder continues in effect.

(c) These Terms and incorporated contractual documents are the entire agreement about their subject matter. A privacy notice is a transparency document and does not replace contractual data-processing terms or consent where consent is legally required. Neither party excludes liability for fraud or fraudulent misrepresentation.

(d) You may not assign these Terms without our prior written consent, not to be unreasonably withheld. We may assign them as part of a reorganisation, financing or sale of the relevant business, provided this does not materially reduce your rights.

(e) The parties are independent contractors. Nothing in these Terms allows either party to bind the other except where a specific written payment or other arrangement expressly provides otherwise. No third party has rights under the Contracts (Rights of Third Parties) Act 1999.

(f) Formal notices must be in writing and sent to the contact information in clause 1 or the contact details in your Account. Email notices are received on the next business day after transmission unless a delivery failure is received.

(g) These Terms and non-contractual disputes are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, subject to any Country Addendum that expressly changes this position.

Schedule 1 — Data Processing Terms

1. Scope and roles

(a) This Schedule applies where you act as controller and Horse Monkey processes personal data solely on your documented instructions to provide the Services ("Customer Personal Data"). You are the controller and Horse Monkey is the processor for that processing.

(b) Each party remains responsible for determining and complying with the obligations applying to its actual activities. If Horse Monkey determines a separate purpose for processing, the Privacy Policy applies to that controller processing.

2. Processing details

3. Instructions and law

(a) Horse Monkey processes Customer Personal Data only on your documented instructions, including these Terms, your configured use of the Services and other written instructions, unless UK law requires otherwise. Where permitted, we will tell you before processing required by law.

(b) We will inform you if, in our opinion, an instruction infringes Data Protection Laws and may pause the affected processing while the parties address the issue.

4. Confidentiality and security

(a) We ensure that authorised personnel are subject to confidentiality obligations.

(b) We implement appropriate technical and organisational measures proportionate to the risk, including access controls, account authentication, secure transmission, production access restrictions, logging and monitoring, vulnerability and patch management, backup and recovery processes, incident management and supplier controls. More detailed security information is available on reasonable request, subject to confidentiality and security restrictions.

5. Sub-processors

(a) You give general written authorisation for us to use sub-processors to provide hosting, infrastructure, communications, customer support, security and related Services.

(b) We will make current sub-processor information available on request and give reasonable advance notice by email or through the Account of an intended addition or replacement. You may object on reasonable data-protection grounds before the change takes effect.

(c) The parties will work in good faith to address a reasonable objection. If no reasonable solution is available, you may terminate the materially affected Service before the new sub-processor begins processing. This is your sole remedy for the objection.

(d) We impose data-protection obligations offering an equivalent level of protection on each sub-processor and remain responsible for its performance of those obligations.

6. Assistance and incidents

(a) Taking account of the nature of processing and information available to us, we provide reasonable assistance with data-subject requests, security, personal data breaches, data protection impact assessments and prior consultation with the Information Commission.

(b) We notify you without undue delay after becoming aware of a personal data breach affecting Customer Personal Data and provide information reasonably available to help you meet your notification obligations.

7. International transfers

(a) We make a restricted transfer of Customer Personal Data only on your documented instructions and using a mechanism permitted by UK data protection law. Where we make a transfer to our sub-processor using appropriate safeguards, we complete the required data protection test and apply necessary supplementary measures. Where you instruct a transfer to a recipient you select, you remain responsible for the transfer mechanism and we provide reasonable assistance.

8. Return and deletion

(a) At the end of the relevant Service, we will, at your choice, delete or return Customer Personal Data and delete copies unless UK law requires retention. You must communicate the choice before termination or within 30 days afterwards; otherwise we may delete the data in accordance with our standard retention process.

(b) Data in protected backups may remain after active deletion where it is put beyond ordinary use, protected and deleted through the defined backup cycle.

(c) Third-party or governing-body data may also be subject to separate return, deletion or use restrictions in an applicable Country Addendum or third-party agreement. Those restrictions do not expand your rights to retain or use that third-party data.

9. Information and audit

(a) We provide information reasonably necessary to demonstrate compliance with Article 28 of the UK GDPR and allow for reasonable audits by you or an independent auditor you appoint.

(b) Audits must protect other customers' information, security and confidentiality, use available independent information first, give reasonable notice and avoid unreasonable disruption. Unless required following a relevant incident or material non-compliance, an on-site audit is limited to once in any 12-month period and is at your cost.

V26.09.01