PRISM PRIVACY POLICY

Thank you for visiting Prism herein referred to as (“We,“ “Prism,“ “Site,“ or “Service“) and its privacy policy. This privacy policy tells you how we use personal information collected at this Site and in the Prism application. Please read this privacy policy before using the site or submitting any personal information or reports. By using the Site, you are accepting the practices described in this privacy policy.

Prism reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities. Our privacy policy complies with the applicable law, including, without limitation, the Privacy Act 1988 (Cth).

You acknowledge and agree that in certain circumstances we may be obliged to disclose personal information you submit to third parties, for example, in order to conform to any requirements of law or to comply with any legal process, as well as to protect and defend our rights.

We reserve the right to transfer ownership of the website (including personal information you submit) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of us, a subsidiary or line of business associated with us.

This website does not use cookies except to enable our system to remember whether or not a user has used its password to log in. This is to help us improve our website. It enables the system to automatically log out users after a certain period of time or force the user to log in again if the user closes the web page and then starts it up again. This is to prevent third parties from gaining unauthorized access to a user’s account and is for users’ own protection.

You should note that technical details which we cannot associate with any identifiable individual do not constitute “personal data“ for the purposes of the Data Protection Acts 1988 and 2003.

Please note that third party external websites to which we provide links (over which we have no control and do not stand over in any way) may also use cookies.

THIRD PARTY CONTENT AND OTHER WEBSITE

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Prism of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Your access to and use of the Services or any content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS“ and “AS AVAILABLE“ basis. Without limiting the foregoing, PRISM AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Prism will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content. You also agree that Prism has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Prism or through the Services, will create any warranty not expressly made herein.

Notwithstanding anything else in this Terms of Service, any information related to treatment and care of a horse that is posted on this Site is for information purposes only and you expressly agree that you are not relying on any treatment and care posted on this website and you hold Prism free of any liability. You also expressly agree that you are using treatment and care information at your own risk and you understand that Prism makes no representation as to the accuracy, completeness, or reliability of the treatment and care-related information.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRISM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PRISM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

INDEMNITY

You agree to indemnify, defend and hold harmless Prism our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Site or Services, including any content you submit thereto (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.

WAIVER AND SEVERABILITY

The failure of Prism to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

LAW AND JURISDICTION

These Terms and any action related thereto will be governed by the laws of the Australia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Prism, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

DISPUTE RESOLUTION

In the event that a Member feels that a dispute, controversy or claim “Dispute“, arising out of or in connection with the Service or the Terms of Use, including any question regarding its existence, validity or termination, has arisen, the Member must comply with the following complaint procedure before commencing any legal proceedings or seeking any other remedy against Prism:

a.  the Member must first provide full details of the Dispute to Prism by email to such email address as Prism may designate from time to time on the Website or otherwise and by mail by registered post and allow Prism a reasonable amount of time to investigate the Dispute before providing a written response; and

b.  the Member shall assist and cooperate with Prism during the period when Prism investigates and assesses the nature of the Dispute.

Members hereby indemnify Prism for all costs associated with dealing with a Dispute if because of the Member“s non-compliance with this clause the Member has caused Prism to incur costs which it would not have incurred or has incurred to a greater extent than necessary had the Member complied with this clause.

To the maximum extent permitted by law, the parties agree that in the event of a Dispute, the Member must not commence any court or arbitration proceedings relating to the Dispute until it has complied with clause (a) and (b) above to attempt to resolve the Dispute.

Nothing in this clause prejudices the right of either party to seek urgent injunctive, interlocutory or declaratory relief from a court in connection with the Dispute without first having to attempt to resolve the Dispute.

DATA AND PRIVACY

Providing our Services requires collecting and using your information. We use your personal information, such as information about your activity, preferences, interests, and engagement to show you the data that are more relevant to provide you a more tailored and consistent experience. We do not sell your personal data. We do not share information that directly identifies you (information such as your name that by itself may be used to contact you or identifies who you are)

TERMINATING YOUR PRISM ACCOUNT

We provide you with the ability to access, rectify and delete your personal information unless a valid exception applies that entitles PRISM to refuse access or deletion. Please be aware that it may take us up to 90 days to delete the relevant content.

In the following situations, content may not be deleted within 90 days of the account deletion:

  • where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible;
  • where immediate deletion would restrict our ability to:
    1. investigate or identify illegal activity or breaches of our Terms and policies; protect the safety, integrity and security of our Services, our employees and our users, and to defend us; or
    2. comply with legal obligations; or
    3. comply with a request of a judicial or administrative authority, law enforcement or a government agency.

ENTIRE AGREEMENT

This Privacy Policy and our Terms and Conditions are the entire and exclusive agreement between Prism and you regarding the Services (excluding any services for which you have a separate agreement with Prism that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Prism and you regarding the Services. Other than members of the group of companies of which Prism is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at prism.horse/terms. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Prism. If you have any questions about these Terms, please contact us at support@prism.horse.

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