Please read these Terms carefully. By using SyndicateManager or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
SyndicateManager (“SyndicateManager” or the “Service”) is a racehorse syndicate management service offered through the URL www.SyndicateManager.com (refered to it as the “Website”) that allows you to create, send, and manage Message, website and text message communications (each message is called an “Message”) to individual recipients. SyndicateManager is owned and operated by Five Furlongs, a UK Company, trading as SyndicateManager.com, (“SyndicateManager,” “we,” or “us”). SyndicateManager has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Syndicate Manager” according to this agreement (or “you”).
In order to use SyndicateManager, you must:
1. be at least eighteen (18) years old and able to enter into contracts;
2. complete the registration process;
3. agree to the Terms; and
4. provide true, complete, and up to date contact information.
By using SyndicateManager, you represent and warrant that you meet all the requirements listed above, and that you won’t use SyndicateManager in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) SyndicateManager may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for SyndicateManager and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for SyndicateManager on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or SyndicateManager may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your Messages from our Website. If you don’t log in to your account for 6 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
6. Account DisputesWe don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the Messages in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
7. Monthly Plans
Our charges for monthly plans are listed on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”).
8. Not used.
9. Direct Debits
As long as you’re a Syndicate Manager or have an outstanding balance with us, you’ll provide us with valid bank account details and authorize us to deduct the monthly charges by direct debit. You’ll replace the information for any bank account that expires/changes with information for a valid one. If we’re unable to process your direct debit, we’ll try to contact you by Message and suspend your account until your payment can be processed.
We’ll give you a refund for a month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Syndicate Manager applies for one based on the requirements posted on the Website.
11. Charges for Add-OnsSome features are offered as add-ons to your SyndicateManager account. If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active.
12. Billing ChangesWe may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by Message.
13. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide SyndicateManager (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets with written permission.
16. Right to Review Messages
We may view, copy, and internally distribute content from your Messages and account to help us spot problem accounts. We use these Tools to find Syndicate Managers who violate these Terms or laws.
RULES AND ABUSE
17. General Rules
You promise to follow these rules:
1. You won’t send Spam Messages by Email or Text Message! By “spam,” we mean the definition on the Spamhaus website.
2. You won’t use language which is likely to upset your Owners.
If you violate any of these rules, then we may suspend or terminate your account.
18. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a SyndicateManager user, please report it. (The best way to tell whether an Message was sent through SyndicateManager is that every SyndicateManager email and text message has our name on it).
19. Bandwidth Abuse/Throttling
You may only use our bandwidth for your SyndicateManager Messages. We provide image and data hosting only for your Message campaigns, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection at our discretion.
20. Compliance with Laws
You represent and warrant that your use of SyndicateManager will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities or to break other laws that apply to commerce.
If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Message distribution list, sending Messages via SyndicateManager, and collecting information as a result of sending Messages, you:
1. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of Message through SyndicateManager.
2. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow SyndicateManager to receive and process data and send communications to that individual on your behalf.
3. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
22. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
23. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use SyndicateManager for a variety of reasons, we can’t guarantee that it will meet your specific needs. That's also why we give you a free months use of the Software at the start of your service.
24. IndemnityYou agree to indemnify and hold us and our Team harmless from any losses, including attorney/solicitor fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney/solicitor fees, that result from third-party or claims that you or someone using your password did something that, if true, would violate any of these Terms. You agree to indemnify and hold us and our Team harmless from any losses incurred due to your Owners requesting 'chargebacks' or refunds via the Direct Debit Guarantee. We will reclaim or charge on any chargebacks subsequently charged to us due to non-payment to our Direct Debit processor by Syndicate Managers.
25. Attorney/Solicitor Fees
If we file legal action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable legal fees and any damages or other relief we may be awarded.
26. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
27. Legal Fees
If we have to provide information in response to a legal request related to your account, then we may charge you for our costs. These fees may include solicitor and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Syndicate Managers.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
30. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, mass hysteria, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
31. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
32. No Changes in Terms at Request of Syndicate Manager
Because we have so many Syndicate Managers, we can’t change these Terms for any one Syndicate Manager or group.
33. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
34. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Message distribution lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.
These Terms and Conditions and your access to and use of Service are subject to the laws of England and Wales and you submit to the exclusive jurisdiction of the courts of England and Wales.