1. MEMBERSHIP
1.1 Membership plans
1.1.1 Kingsmoor offers both free and paid Membership plans. Paid Memberships operate on an annual term, beginning on the date of the first payment and lasting one calendar year, with the membership fee (“Membership Fee”) payable in a single instalment. Memberships of other durations may also be available from time to time. Our free Membership provide basic access to the user, while paid Memberships offer enhanced benefits and features.
1.1.2 Aside from these general terms and conditions, please read the Schedule of benefits and governing terms for the specific Membership plan you want to join carefully prior to registration and/or payment.
1.1.3 The schedule of benefits and governing terms for the specific Membership plans are available here:
(a) Kingsmoor Free Base Membership (Gaming / Trackside)
(b) Kingsmoor World
(c) Kingsmoor Club
(d) Kingsmoor Bespoke
1.2 “Member”
1.2.1 Any individual over the age of 18 (eighteen) years on the start date of Membership, who opts for Membership to Kingsmoor as per the stated terms and conditions, and pays their annual Membership Fee is referred to as a “Member.” In these Terms, we may refer to a Member as “Member”, “You” and “Your”.
1.2.2 Members will not have any financial or operational liability towards the upkeep and administration of any Kingsmoor Horse(s).
1.2.3 Members are entitled to the Membership benefits and privileges applicable to their selected plan, as communicated by Kingsmoor at the time of sign-up and/or revised from time to time. Please read the specific benefits associated with your chosen Membership benefits associated with each Membership plan carefully as defined in Section 1.1.
1.3 Membership eligibility
By signing up to any Kingsmoor Service or Membership plan, you are confirming that:
(a) You are aged 18 (eighteen) or over on the start date of the service agreement.
(b) You have the full right, title, capacity and authority to enter into this agreement and Terms.
(c) You are not (and have never been) banned from entering any racecourse or racing stable, blacklisted as an owner, or convicted of any breach of contract or wrongdoing by any turf or horseracing authority or regulatory body globally.
(d) You have read and understood the terms of this Terms and agree to abide by (and be legally bound by) its terms in full.
(e) You are agreeing to entering into these Terms for your own benefit and not for or on behalf of anyone else.
(f) That your Membership plan will only become active once the Membership Fee is paid in full.
(g) That you agree to provide any and all Know Your Customer (KYC) details requested at the time of activation or after activation of your Membership, including but not limited to your government-issued identification documents or international equivalents as may be required by us or applicable law. All such personal data shall be collected, stored, and processed in accordance with applicable data protection laws and any applicable local laws in your country of residence. Failure to comply with KYC requirements may result in suspension or termination of your Membership.
1.4 Membership period
Membership to the selected Kingsmoor’s Membership plan shall commence from the date of successful receipt of the Membership Fee being paid in full and will continue for 12 (twelve) months from the date of activation, unless otherwise stated in the specific plan terms (the “Membership Period”), subject to the other terms and conditions of these Terms.
1.5 Membership fee
1.5.1 The Membership Fee for the selected Membership Plan shall be payable in full in advance, unless expressly offered on the Website through our third-party payment gateway partners. Membership will become active only upon confirmation of successful payment.
1.5.2 This fee may be revised at the start of a new Membership period and updated Membership Fees shall be communicated to Members from time to time and prior to renewal.
1.5 3 Please note that international Members may pay the Membership Fee in their local currency, where supported, however, Members may incur a currency conversion or cross-border transaction fee, as levied by their card issuer or payment provider. Kingsmoor shall not be responsible for any such third-party or banking fees.
1.5.4 All Membership Fees are non-refundable and non-cancellable. You acknowledge that you shall not be entitled to any refund or chargeback under any circumstances, including but not limited to:
(a) voluntary account cancellation,
(b) termination or suspension by Kingsmoor due to breach of these Terms,
(c) changes or withdrawal of any benefits, offers, events, or privileges provided under your Membership Plan.
1.6 Membership benefits
1.6.1 Kingsmoor confers on the Member (for the duration of their Membership with Kingsmoor) certain benefits and privileges associated with horses owned by Kingsmoor and the lifestyle and community created by Kingsmoor for its Members. The benefits include but are not limited to:
(a) An opportunity to follow all the horses owned, leased, or otherwise made available by Kingsmoor and learn about the sport;
(b) To share the enjoyment of a racehorse ownership experience and immerse in the sport, lifestyle and community of international horse racing;
(c) To participate in social and community events organized by Kingsmoor for its Members;
(d) To participate in any Member-only contests and be eligible for any prizes; and
(e) Benefits, privileges and terms specific to Membership plans.
1.6. 2 Please read the specific Membership benefits associated with each Membership plan here:
(a) Kingsmoor Free Base Membership
(b) Kingsmoor World
(c) Kingsmoor Club
(d) Kingsmoor Bespoke
1.7 Membership rights
(a) Members shall be entitled to the Membership Benefits for their Membership Period.
(b) Members may not sell, gift, lease, loan, license, assign or transfer their Membership (or any of their rights under their Membership) to anyone else.
(c) Members shall not encumber, pledge or offer or grant as security to any third parties, their Membership (or any of their rights under their Membership).
(d) Members may not use their Membership in any manner other than personal, non-commercial use, and shall not use their Membership for the benefit of any other person or for any commercial purpose whatever, and their usage shall be, at all times, in accordance with these Terms.
(e) Membership is personal to the Members. If a Member dies during the course of a Membership Period, their Membership shall be deemed to automatically terminate. However, a deceased Member’s executors or legal representatives may apply to claim any Distributable Prize Money accrued prior to the date of death. Kingsmoor shall process such requests upon submission of adequate and legally valid proof of authority, determined at its sole discretion.
(f) Members have no voting rights in respect of Kingsmoor or decisions taken in respect of the Kingsmoor Horses.
(g) Membership does not confer any rights of entry or privileges at any racecourse or turf club in the United Kingdom or any other country. Any such access shall be subject to the specific terms outlined under this Membership Terms and the rules of the relevant racecourse or turf club.
(h) By subscribing to the Membership, you consent to Kingsmoor sharing your personal information (such as name, age, and relevant identification) with relevant clubs and racing authorities as necessary for registration, event participation, and compliance purposes. Such sharing is subject to applicable privacy laws in the jurisdiction where the Member resides.
1.8 Membership obligations/ terms of use of Kingsmoor Membership services
(a) You acknowledge that participation in Kingsmoor is for the purpose of sharing in the enjoyment of the Horse(s) and not as an investment and does not entitle you to any financial return.
(b) You may not use the Kingsmoor Service for any illegal purpose in any country or jurisdiction.
(c) You accept that You are personally responsible for any charges, including taxes and incidentals, or payments that may or may not be required to redeem Kingsmoor Member Privileges.
(d) You alone are responsible for the confidentiality and security of Your account’s username, password, registered email address, and usage.
(e) We have the right to disable any username, password or Membership account at any time to safeguard Your account and the Website from security threats, or, if in our opinion, You have failed to comply with any of the provisions of these Terms.
(f) You are accountable for all activity on Your account, whether or not You authorized such activity. If you share your credentials knowingly or unknowingly, your Membership may be suspended or terminated. Kingsmoor is not responsible for misuse of Your account credentials.
(g) Kingsmoor Member privileges are not transferable and are available for redemption exclusively for Kingsmoor Members with paid accounts. Misuse of access to privileges or attempts to share privileges with anyone may result in termination of Membership.
(h) You acknowledge that civic behaviour and decorum must be followed to respect the rights and privacy of all members at Kingsmoor Member events, and at certain locations such as the race course, certain dress and behavioural codes may apply which you are obliged to follow.
(i) Kingsmoor Brand Partners have their own terms and policies. Please be advised to read them on the website of any Brand Partner. You agree to abide by our Brand Partners’ terms and policies, including but not limited to payment of all amounts when due, compliance with restrictions or rules regarding availability and occupancy, cancellation policies, child policies, pet policies or use of fares, products or services.
1.9 Membership renewal
(a) You may renew your Membership before the expiry of your ongoing Membership Period by paying the applicable Membership Fee for the renewed period, in accordance with the Terms and Conditions attached. Kingsmoor will send you timely notifications as your renewal date approaches.
(b) Should you not renew your Membership, your Membership will expire automatically at the end of the Membership Period. If your Membership is not renewed on your renewal date or your Membership renewal payment fails, your account will automatically be downgraded to a Free Membership, and while you may still be able to access your Kingsmoor account, you will no longer be able to use paid Membership services or features once your Membership expires or is downgraded, although you may still be eligible to use non-Member areas on the Kingsmoor digital properties and use non-Member Kingsmoor services, and retain access to basic Kingsmoor services under this Membership tier.
(c) Should you wish to reinstate your previous Membership plan, you can do so by entering a valid payment method or ensuring a subsequent automatic Membership Renewal charge succeeds. If your Membership Renewal payment fails and you have not terminated your Membership, you agree that Kingsmoor may attempt to renew your Membership via automatic charge.
(d) If you have given consent for auto-debit of Membership fees, the same will be automatically billed to the payment method we have on file, for the full amount of the then current Membership Fee (excluding any previous discounts) on or around the day in which Your current Membership term ends.
(e) The applicable Membership Fee for the next period will be specified on your personalized log-in account page. You acknowledge and agree that the Membership Fee for the renewed period may be higher than your Existing Membership Fee and may undergo revision from time to time. Kingsmoor reserves the right to review and update the annual Membership fee with due notice to Members. No increase in the Membership Fee will be applied to a Member during the course of their ongoing Membership Period.
(f) When you renew your Membership, the Membership Period shall be deemed extended accordingly for the renewed period, and these Terms shall continue to apply to the renewed period.
1.10 Use of other paid services
Kingsmoor may offer additional paid and free services to its members and non-members, including but not limited to Events, Merchandise, Contests and Games.
Such services may be offered globally and in multiple currencies as determined by Kingsmoor. All purchases are subject to applicable local taxes and transaction fees (if any) in the Member’s jurisdiction.
We urge you to read the applicable terms and rules for each such service, which are linked from the relevant activity pages. These services are governed by their respective terms in addition to these Terms and are also subject to the Kingsmoor Privacy Policy.
Additional terms connected with the purchase and use of services such as Events, Merchandise and Contests and Games.
1.10.1 Events
Specific events may be made available to Members and non-members. These may be charged over and above the one-time Membership fee, and Members opting for these can pay for them via our convenient online payment channels at the time of purchase.
The fees, terms and cancellation and refund policies around such events are subject to separate terms. Please read this section completely to understand event related terms and conditions.
(a) Additional terms in relation to Events
(i) Nature of events
Events may be free or ticketed. In some cases, events may allow Members to bring a specified number of guests by purchasing tickets. Some events may be open to non-members as well at our discretion. These events may be held virtually, or at a physical venue, including but not limited to public spaces like parks and gardens, as well as private spaces such as race courses, restaurants, cafes etc. Event location may be in the United Kingdom or internationally. All such details will be specified on the specific page of the event and can be reviewed at the time of purchase.
(ii) Payment of fees (where applicable)
If the Event is not free of charge, the Member must undertake to pay the relevant fees (all taxes included) as specified on the registration form if they wish to attend the Event. The fees shall be paid in accordance with the conditions set out on the event booking page. All events must be booked and paid for in advance on the Website. Event fees will be charged in Great British Pounds (“GBP”) or local currency based on Member location, subject to exchange rates and applicable local taxes or transaction fees.
(iii) Registration confirmation
You agree and understand that your registration for the Event is subject to our confirmation that will be sent to you via email. We are entitled to deny your registration without cause.
(iv) Cancellation Policy:
A. Cancellation by Member
Event tickets are non-refundable when a Member cancels. If the event is a Members-only event, these tickets may also be non-transferable.
For free Events, we encourage you to cancel promptly if unable to attend, to allow waitlisted participants a chance to attend.
B. Cancellation by organizer
Since many of the events we organize are outdoors, or depend upon the racing schedule maintained by the relevant racing authorities, it may be necessary to change the Event content, timing, date, venue of the programme at any time prior to the Event. In these circumstances, Kingsmoor may at any time, with or without giving notice, in its absolute discretion and without giving any reason, cancel your registration and/or cancel or postpone the Event, whether physical or virtual, change its venue or any of the other published particulars, or withdraw any invitation to attend.
In this case, we will attempt to notify you and you will be given the opportunity to cancel your registration and receive a full refund. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. In case of postponement of the Event, the paid Event fees (if any) will not be refunded by the hosting organisation. Should the Event be postponed or cancelled, we are not responsible nor liable for any costs and/or expenses you may incur due to the postponement and/or cancellation of the Event. We are not responsible nor liable for any costs and/or expenses you may incur due to the postponement and/or cancellation of the Event, over and above refunding the ticket cost (if applicable).
Should you decide to cancel your registration for these grounds, we are not responsible nor liable for any costs and/or expenses you may incur due to the cancellation of your registration.
(v) Photography and filming at events
By registering and/or by participating and/or by attending the Event wherever physically or virtually via video conferencing or web conferencing platforms/tools, you acknowledge that certain sessions and/or social functions may be, photographed and/or filmed and/or web streamed and that some of these photos and video recordings can be used for the minutes of Event/meeting, news, promotional purposes, future marketing materials, illustration, information and dissemination activities (collectively “Media”)via the Website or inclusion on Kingsmoor’s social media pages which may process personal data according to their own policies. By attending any Event (virtual or physical), you irrevocably agree and consent to being filmed, recorded or photographed. In some cases, online audio and/or video recordings may only be accessible to Kingsmoor Members via log-in. Participation in the Event (whether online or not), indicates your express and irrevocable consent to being included in the Event’s recording and associated media. Should you have any concerns about this, or do not wish to be featured in any of these materials, please approach the Event planner and inform her/him on the day of the Event. However, you are advised that incidental inclusion of some images of yourself within any recording or photos may take place. Photos and recordings will be publicly available.
By registration or attending for any Event, You waive any rights, claims, or interests You may have related to the use of the media, including but not limited to claims for compensation, invasion of privacy, defamation, or rights of publicity. You understand that You shall have no right to inspect, approve, or be compensated for any use of the media. You understand that You will not receive any monetary compensation for the permissions granted herein. You acknowledge that the Company will rely on this permission and hereby release and discharge the Company from any and all claims and demands arising out of or in connection with the Media or the exercise of the permissions granted herein. Further, You grant us a perpetual, worldwide, royalty-free license to use, reproduce, distribute, modify, publish, display, and create derivative works from the Media in any format or medium, including but not limited to marketing materials, advertisements, social media, websites, and promotional content, in all mediums, including but not limited to radio, television, internet, social media, print, publications, posts or productions.
(vi) Conduct at the Event
We are dedicated to making our Events a safe place for all.
You shall not display any content, adopt a conduct, or incite any person to commit an act, which:
- is threatening, libellous, defamatory, or obscene;
- would constitute a criminal offense, give rise to civil liability, or otherwise violate law in any manner;
- infringes the intellectual property, privacy, or other rights of any third parties;
- constitutes or contains false or misleading statements;
- violates the code of conduct of the hosting venue, such as race course or restaurant, which may have its own dress code or other regulations made clear at the point of entry to the venue;
- disrupts the comfort, safety, or enjoyment of others;
- disregards reasonable instructions of staff or management;
- involves unauthorized commercial activity or solicitation; or
- includes the use or possession of illegal substances or weapons on premises.
You hereby agree also to not hack or use our infrastructure for unethical, illegal or malicious activities. We may at any time, with or without giving notice, in our absolute discretion, rescind your registration or attendance at the Event in case of violation of these Terms without incurring any liabilities to you and/or any third party. In such event, all paid Event fees will not be reimbursed, and all Event fees shall remain due.
(vii) Indemnification
By agreeing to these terms and conditions and attending an event, you agree to indemnify and hold harmless Kingsmoor, employees, representatives, owners and its vendors and partners from any and all claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or in connection with your attendance, including, but not limited to, any injury, loss, or damage to property, or any act or omission on your part or your guests’ / representatives’ part.
(viii) Liability
Horse racing and stable visits carry inherent risks. By attending a Kingsmoor event or visiting horses, you voluntarily assume all risks and dangers associated with such activities. Kingsmoor shall not be liable for any injury, damage, or loss incurred. You expressly waive any and all claims against Kingsmoor arising out of injury or damage during and when in attendance of such activities.
1.10.2 Merchandise
Certain additional products and services, such as branded merchandise or travel experiences are also available for purchase by members. Purchase, cancellation and refund policies around such purchases are subject to separate terms.
All such purchases offered by Kingsmoor may be made available for shipping or fulfilment globally, subject to applicable shipping restrictions, local import duties, and taxes in your country of residence.
Please read the section below for detailed merchandise and travel related T&Cs.
(a) Additional terms in relation to Merchandise
(i) Branded Merchandise:
A. All sales are subject to availability.
B. All sales are final; returns or exchanges are not permissible unless explicitly certified for each item.
C. In the event of defective or damaged merchandise, members must report the issue within 7 days of receiving the merchandise, accompanied by proof of purchase, to be eligible for an exchange.
D. Refunds are not offered except in cases where defective or damaged merchandise cannot be exchanged due to unavailability. In such instances, refunds will be processed to the original payment method within 7 business days from approval.
E. Where applicable, international Members may be responsible for local customs clearance, duties, or taxes imposed in their jurisdiction. Kingsmoor is not liable for such third-party levies or for delivery delays caused by customs authorities.
(ii) Travel Experiences:
A. Bookings are subject to availability and governed by specific terms provided at the time of reservation.
B. All sales are final. Cancellations, no-shows, or changes requested by the member will not be eligible for any refund, credit, or rescheduling, regardless of reason.
C. Travel experiences may be impacted by external factors such as weather conditions, operational issues, safety concerns, or regulatory directives. In such cases, reasonable efforts will be made to notify members and offer an alternative or rescheduled experience, subject to availability.
E. The organisers reserve the right to alter itineraries, inclusions, or schedules where necessary for operational or safety reasons, without obligation to provide a refund.
F. Members are responsible for meeting eligibility, visa, health, or documentation requirements for participation in travel experiences.
G. Members acknowledge and accept the inherent risks involved in travel and agree to comply with all terms communicated at the point of booking.
H. Travel experiences may involve third-party service providers such as hotels, airlines, or transport operators. Kingsmoor shall not be responsible for deficiencies or failures in services rendered by such providers.
Members acknowledge that these additional products and services may be subject to further specific terms and conditions communicated at the point of purchase or booking. Such terms may vary depending on Member location, third-party service provider rules, and jurisdictional requirements.
1.10.3 Contests, games and in-game purchases and related services
Any contests, games, games of skill and/or paid services that are accessible through the Kingsmoor Service are governed by specific rules. By entering such contests, participating in such games or purchasing services, you agree to be bound by those specific rules in addition to these Terms. Kingsmoor does not offer or promote gambling or games of chance. All games or contests (if any) are structured as games of skill or entertainment activities.
All such features are optional and may be modified, suspended, or discontinued at any time without prior notice. Participation in games of skill is subject to availability and governed by specific rules and terms provided at the time of entry:
(a) All entries are final. Cancellations, no-shows, or withdrawal requests will not be eligible for any refund, credit, or rescheduling, regardless of reason.
(b) Participation in any contest, promotion, or lucky draw is subject to availability and governed by specific terms and eligibility criteria communicated at the time of entry.
(c) Games, contests and draws may be rescheduled, modified, or cancelled due to operational, technical, or regulatory reasons. In such cases, reasonable efforts will be made to notify participants and offer an alternative, subject to availability.
(d) The organisers reserve the right to alter the format, structure, or terms of any game for operational integrity or fairness, without any obligation to provide compensation.
(e) Participants are responsible for ensuring their own eligibility, internet access, device compatibility, and compliance with all applicable rules.
(f) By entering any game of skill, participants acknowledge the competitive nature of such activities and agree to comply with all applicable rules, codes of conduct, and decisions of the organisers, which shall be final and binding.
(g) Prizes are non-transferable, non-exchangeable, and may be subject to applicable local taxes, withholding, or reporting requirements in the participant’s country of residence, or legal requirements. Delivery or fulfilment timelines may vary.
(h) Participation constitutes acceptance of the official rules, including consent to be contacted for winner announcements and promotional purposes, unless prohibited by law.
1.11 Interactions with other Members
(a) We provide a platform and environment for connecting with other Members and sharing information. We wish to have a friendly, intimate and secure community for our Members. When using the Website, our Members have the expectation of privacy and confidentiality, but Kingsmoor cannot guarantee the actions or conduct of other Members.
(b) If Members enter into independent arrangements, communications, or transactions with other Members through any virtual or physical Kingsmoor platform, we are not a party such agreements and cannot be held liable or accountable regarding these arrangement. We urge You to be truthful in all of Your communications with other Members.
(c) Kingsmoor reserves the right to verify information You and other Members have provided using various means available. You agree that Kingsmoor will have no liability arising from any information that is incorrectly verified.
(d) You agree that Your profile may be presented to other Members. Members are under no obligation to contact, connect with or communicate with those Members whose profiles are displayed to them.
(e) You are solely responsible for and assume all liability regarding any interactions between You and other Members through the Services, both within the Website and offline.
(f) To protect the integrity of the Kingsmoor platform, you agree not to send unsolicited or unauthorized communications to other Members, including advertising, promotional content, spam, chain letters, pyramid schemes, or similar solicitations. You also agree not to stalk, harass, or otherwise cause distress to other Members, and any such behaviour may result in suspension or termination of your Membership.
1.12 Use of content services
(a) You are solely responsible for and assume all liability regarding any information or content You or Your account posts, transmits, publishes, or otherwise makes available to the Kingsmoor service or Member community via any digital or physical channels.
(b) We reserve the right to remove any content posted by You or other Members at our sole discretion for reasons including, but not limited to, that it is unlawful, threatening, libellous, defamatory, fraudulent, obscene or otherwise objectionable, or because it may infringe or violate any third party’s intellectual property, privacy or other rights under applicable laws.
(c) While we do our best to monitor the content of the Website, You understand and agree that You may encounter material that You find objectionable or offensive, and that You use the Website with this understanding and acceptance, and will not seek to hold us liable in any manner.
(d) We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted or generated by Members, nor do we endorse any opinions expressed by Members.
(e) By posting or submitting content or information on the Website, You automatically grant Kingsmoor a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable right to display such content on the Website and throughout the Kingsmoor Service delivered in public, online and offline.
(f) You accept that Kingsmoor may post photographs and videos showing You from, and other content related to, Kingsmoor events on the Website or other public website pages, social media sites, apps or platforms, and marketing material, which are therefore available to non-Members.
(g) You accept that Kingsmoor may make available new “beta” features on the Kingsmoor website and service, which Members may test or with which they may experiment. These “beta” features or tools may be modified or discontinued by Kingsmoor at any time without notice, and are offered without any warranty of any kind. These Terms apply in full to any such beta features or tools. You also accept that Kingsmoor may post content of an experimental nature to ensure the functionality of the Website or to assist Members in troubleshooting. You accept that Kingsmoor may also create testing and guest accounts.
(h) Except with Kingsmoor’s prior, written consent, You may not, directly or indirectly, use Kingsmoor’s name in connection with any event, whether such event is held offline or online, if you are claiming to be an official Kingsmoor representative or spokesperson in relation to that event
(i) You assume all risk when using the Kingsmoor Service, including but not limited to any risks associated with online or offline interactions with Members, any other individuals introduced by Members or any individuals met at a Kingsmoor event. You agree to take all necessary precautions when meeting Members, any other individuals introduced by Members or any individuals encountered at a Kingsmoor event.
(j) Kingsmoor does not advocate, promote, endorse or support any betting or gambling activities related to horse racing and we advise Members to refrain from promoting such activities to other Members or making any claims related to these activities either individually or on behalf of Kingsmoor.
(k) By registering for the Kingsmoor service and Membership, you agree to receive community updates, privilege emails, events emails, and other communication from Kingsmoor. E-mail preferences can be adjusted in your profile.
(l) You agree not to use the Kingsmoor Service for any illegal, unauthorized, or commercial purposes, including unsolicited promotions, phishing, or sending harmful code or malware.
(m) You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including Kingsmoor.
(n) You are solely responsible for your interactions with other Members. Kingsmoor reserves the right, but has no obligation, to monitor disputes between Members.
(o) You shall not attempt to interfere with, disrupt, or compromise the integrity or security of the Kingsmoor Service or the data contained therein.
1.13 Links to other sites, products and services
1.13.1 Our Service may include links or references to other websites or services that are provided solely as a convenience to Members (“Other Sites”). Kingsmoor is under no obligation to maintain or provide links to Other Sites and may remove such links at its sole discretion without notice.
1.13.2 Kingsmoor does not endorse any such Other Sites or the information, materials, products, or services contained on or accessible through Other Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Kingsmoor Service are solely between You and such advertisers. Further, Your use of Other Sites may be subject to separate terms of use and privacy policies. We recommend that you review such terms and policies before proceeding with any transaction or sharing personal data. Please be aware that any merchandising sites linked to the Kingsmoor Service are Other Sites and are not owned or operated by Kingsmoor or governed by these Terms.
1.13.3 Access and use of other sites, including the information, materials, products, and services on or available through other sites is solely at your own risk. Kingsmoor does not control and is not responsible for the content, accuracy, privacy policies, or practices of any Other Sites. You acknowledge and agree that Kingsmoor shall not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any such Other Sites.
1.14 Sharing of content or ideas with Kingsmoor
1.14.1 License grant to Kingsmoor
By submitting or distributing Member Content on the Website or other digital, physical or social media properties, You grant to Kingsmoor a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable (through multiple levels of sublicensees) right and license to reproduce, distribute and re-distribute, display and perform (whether publicly or otherwise), prepare derivative works of and otherwise modify, host, transfer and otherwise exploit in any manner Your Member Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
1.14.2 Member content representations and warranties
You are solely responsible for Your Member Content and the consequences of posting or publishing them. By uploading and/or publishing Your Member Content, You affirm, represent, and warrant that: (a) You are the creator and owner of Your Member Content; (b) You have the necessary licenses, rights, consents and permissions to use and to grant to Kingsmoor and Kingsmoor’s Members the rights and licenses to use Your Member Content per the foregoing licenses granted by You in this Section and in the manner contemplated by Kingsmoor and these Terms of Service; (c) You have the necessary licenses, rights, consents, and permissions to grant the assignment granted by You in this Section; (d) You are at least 18 (eighteen) years of age and You will not allow any person under the age of 18 (eighteen) years to upload or publish Member Content; Your Member Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (f) Your Member Content does not contain any viruses, adware, spyware, worms, or other malicious code.
VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. KINGSMOOR RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY MEMBER WHO VIOLATES THESE TERMS OF SERVICE. FOR CLARITY, KINGSMOOR DOES NOT PERMIT COPYRIGHT-INFRINGING ACTIVITIES ON THE KINGSMOOR SERVICE.
1.14.3 Member feedback and idea submission policy
(a) Kingsmoor may, from time to time, accept or consider Member feedback and/or Member ideas, including, without limitation, ideas or suggestions for new or improved features on the Kingsmoor Service (collectively “Ideas”).
(b) If You choose to submit Your Ideas to us or to any of our employees and/or contractors, then You hereby grant us and our designees a worldwide, non-exclusive, sub-licenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import Your Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Ideas to others.
(c) In the event that Kingsmoor incorporates Your Ideas or adopts a feature, product or strategy that may be similar, You acknowledge that You shall not make any claims against Kingsmoor in connection therewith, and shall fully indemnify KIngsmoor if, despite Your agreement not to pursue any claims against KIngsmoor, You choose to do so. Please remember that You have no obligation to submit any ideas to Kingsmoor and, if You do submit anything to us, You have no expectation of credit or compensation of any kind. If You don’t agree with this, please do not submit any ideas or materials to Kingsmoor.
1.15 Suspension, cancellation or termination of Membership
1.15.1 Members understand and agree that their use of Kingsmoor services must be in accordance with these Terms of Service, and we may deny, suspend, restrict or terminate service or Membership without prior notice if a Member fails to comply with these Terms or in circumstances including but not limited to:
(a) the Member is banned or ‘warned off’ by any recognized turf authority or racing regulator in any jurisdiction;
(b) the Member breaches (in a material respect) any of the provisions of these Terms and, after being given a final written warning, commits a further breach;
(c) the Member commits any criminal act with respect to any other Member or Kingsmoor; or
(d) the Member makes any defamatory or derogatory statement, or does any act or thing, that damages the goodwill or reputation of Kingsmoor, in each case where (in the reasonable opinion of Kingsmoor management) the context is sufficiently serious or damaging to justify immediate termination, including using their access to Kingsmoor Membership and Services as a vehicle for unauthorised betting, gambling, solicitation of funds or making false promises of any financial rewards to other fellow Members.
1.15.2 Upon termination or expiry of these Terms for any reason, Kingsmoor will not be liable to make any refunds to the Member.
In case of non-activation, non-renewal or termination of your Membership, Your access to the Kingsmoor Service may be restricted with immediate effect. Kingsmoor may continue to send You communications after Your access to the Kingsmoor Service or Membership has been restricted or terminated. For this purpose, we store Your personal data and store account data in order to facilitate access to the Kingsmoor Service at a later date (content added to the Kingsmoor Service including private data, attended events, posted comments, messages, and more), and to enable Kingsmoor to keep You up to date of our activities by sending communications. You may opt out of such communications via unsubscribe links, and have the right to be forgotten according to Art. 17 GDPR, by contacting hello@kingsmoor.com.
1.16 Privacy policy
Kingsmoor’s Privacy Policy is hereby incorporated into these Terms of Service by reference. Please read our Privacy Policy carefully for information relating to Kingsmoor’s collection, use, and disclosure of Your personal information in the provision of its own services or to our brand partners. In compliance with regulatory requirements of our banking and payment partners, Kingsmoor may retain records of the Members. This includes but is not limited to names, addresses, and country of origin of Members. The Privacy Policy also explains the legal basis on which Kingsmoor processes personal data in accordance with applicable data protection laws including, where relevant, the UK General Data Protection Regulation (UK GDPR), the EU General Data Protection Regulation (EU GDPR), and equivalent local laws in jurisdictions where our Members are based.
Please read the Privacy Policy here
1.17 Member support and grievance redressal
Kingsmoor shall be managed by Kingsmoor management. Member support helpline information is set out on the Website. In case of any disagreement, dispute or to clarify terms, Members should contact the Member support helpline via email on hello@kingsmoor.com. Kingsmoor will make reasonable efforts to respond to such concerns in a timely manner, in accordance with applicable consumer protection laws in the Member’s jurisdiction.
1.18 Public Liability Insurance
Kingsmoor maintains appropriate public liability insurance coverage in accordance with industry standards in the jurisdictions it operates. Such insurance is intended to cover third-party claims for injury or property damage arising from Kingsmoor-organised events or activities involving Members, Horses or the general public. The limits of such insurance may vary by jurisdiction and venue, and may be updated at Kingsmoor’s discretion. Such insurance coverage is subject to the exclusions and conditions stated in the relevant insurance policy. Proof of insurance may be made available upon reasonable request.
3. KINGSMOOR TERMS OF SERVICE DELIVERY
3.1 Kingsmoor obligations
Kingsmoor management is obliged to provide all Membership services and benefits as laid out in these terms.
(a) Manage Kingsmoor Memberships in a transparent, responsible and professional manner, with all due care and skill, and in accordance with good industry practice;
(b) Make all decisions relating to Kingsmoor Membership and Horses at their sole discretion, including but not limited to (i) the administration and management of the company, (ii) any benefits (beyond the stated Membership Benefits) that may be offered to Members from time to time; and (iii) the Horses, including without limitation their running, training, purchase and sale;
(c) Communicate with the Members and keep them informed as to: the purchase or sale or injury or retirement of any Horse(s); any plans or decisions or other important information about the Horse(s); their progress in training and the races for which they will be entered; how they have come out of any races they have run in; and any feedback or comments from the Trainer and the rider(s) of the Horse(s);
(d) Provide regular updates to the Members. The regularity of updates may depend on what has happened but shall be frequent (usually every week or two) and not less than once a month
(e) Ensure compliance with all applicable racing authority rules and other relevant international or national authorities, payment of admin, trainer and vet fees as per individual agreements with such service providers and vendors associated with the Horse(s) training, upkeep and well-being
(f) Ensure the safety and well-being of all horses in training in partnership with the trainer of the horse(s)
(g) May, at its own discretion, maintain an adequate public liability insurance in jurisdictions where Kingsmoor operates, to cover third-party risks arising from its services, events, and interactions involving Members and Horses.
3.2 Modification of these terms of service, Membership, Website and/or Kingsmoor Service
(a) Kingsmoor makes no representations as to the duration of the Website, Membership and/or the Kingsmoor Service and reserves the right to suspend, limit or terminate the Website, Membership and/or the service at any time without notice.
(b) Kingsmoor reserves the right to remove or cancel, at any time, any offers, promotions, Member privileges or events presented to Members by Kingsmoor or any Kingsmoor partner.
(c) Kingsmoor reserves the right, at its discretion, to change, modify, add, suspend, terminate or remove portions of these Terms of Service at any time.
(d) Kingsmoor reserves the right to change or adjust Membership criteria and/or to make changes in the existing Membership at any given time. For any such changes, standard notification procedures will apply.
(e) Kingsmoor reserves the right to make changes to the Website or the Kingsmoor Service at any given time, to charge for its services or for particular features, and to modify any fees or services. For any changes in the Kingsmoor Service, charges or fees, the standard notification procedure will apply.
3.3 Indemnification
(a) You agree to indemnify, save, and hold Kingsmoor , its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, partners and their affiliated companies, contractors, employees and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Kingsmoor Service, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein, to the extent permitted under applicable law.
(b) Kingsmoor reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Kingsmoor and its third-party suppliers, licensors and partners, and You agree to cooperate with Kingsmoor’s defense of these claims. Kingsmoor will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
3.4 Disclaimer; No Warranties
3.4.1 No warranties
(a) To the fullest extent permissible pursuant to applicable law, Kingsmoor, and its affiliates, partners, licensees, licensors and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, with regard to the Website and your use thereof.
(b) No advice or information, whether verbal or written, obtained by you from Kingsmoor or through the Kingsmoor service will create any warranty not expressly stated herein. You expressly acknowledge that Kingsmoor includes Kingsmoor’s officers, directors, employees, shareholders, agents, licensees, licensors and subcontractors and their officers, directors, employees, shareholders and agents.
3.4.2 “As is” and “as available” and “with all faults”
You expressly agree that use of the Kingsmoor service is at your sole risk. The service and any data, information, third-party software, member content, third party sites, services, or applications made available in conjunction with or through the service are provided on an “as is”, “as available,” and “with all faults” basis and without warranties or representations of any kind either express or implied, subject to the extent permitted under applicable law.
3.4.3 Content
Kingsmoor, its suppliers, licensees, licensors, affiliates, and partners do not warrant that the data, member content, functions, or any other information offered on or through the service or any third party sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
3.4.4 Accuracy
Kingsmoor, its suppliers, licensees, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the service or any third party sites in terms of correctness, accuracy, reliability or otherwise.
3.4.5 Harm to your computer
You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the service (including RSS feeds) or any third party sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
