Thank you for visiting Prism herein referred to as (“We,” “Prism,” “Site,” or “Service”) owned by Prism Pay Pty Ltd (ACN 167545600) with an address of 823/1 Queens Road, Melbourne, VIC 3004, Australia. These Terms of Service (“Terms”) govern your access to and use of the services and websites, mobile apps (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and potentially in the future through third party services and websites.

You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

If you create an account and use our website and services, this implies you agree to our general terms and conditions.

You must become a member (“Member”) and you may asked in some cases to pay a monthly subscription fee, to be granted access to the Services. Any fees are due as agreed between you and us. Late fees and other penalties may apply. The information provided by you must be true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof). Member includes anyone who uses the Site for any reason.

To become a Member, you may provide your email address and select a password (in either event, your “Account Credentials”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Credentials, we will rely on those Account Credentials and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Credentials and all activities that occur under or in connection with your Account Credentials. We do not share your Account Credentials in order to protect the privacy of your information and ensure that only persons you have authorised may have access to your information. We reserve the right to provide your Account Credentials to comply with any legal or enforcement proceeding. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account Credentials, including without limitation terminating your access, changing your password, or requesting additional information to authorize activities related to your Account Credentials. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Credentials that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event and under no circumstances will Prism be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Prism under this provision, (ii) any compromise of the confidentiality of your Account Credentials, and (iii) any unauthorized access to or use of your Account Credentials. Please notify us immediately if you become aware that your Account Credentials are being used without authorization.

All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under Australian and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Prism or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Use.

We may not always be able to enforce these rules and you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We may, but are not obligated to, remove Content from the Site for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on the Site or through the Services whether it violates our content policies or not.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by us on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and our third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

It is our goal to make access to our Site and Services a good experience for all of our users. With that in mind we provide you our opinion of rules to follow when using the Site and Services: We are not responsible for user actions or policing user activity. The following activities are prohibited on the Site and Services. Accordingly you agree that you will not:

• 1, Conduct or promote any illegal activities while using the Site or Services;
• 2, Upload, distribute or print anything that may be harmful to minors;
• 3, Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
• 4, Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
• 5, Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• 6, Use the Site or Services to generate unsolicited email advertisements or spam;
• 7, Use the Site or Services to stalk, harass or harm another individual;
• 8, Take any action that may undermine the feedback or ratings systems;
• 9, Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
• 10, Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
• 11, Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
• 12, Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• 13, Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages;
• 14, Not to use the Service including any Content, in breach of any legislation or regulation at all, to include, without limitation, relevant legislation and regulation concerning and governing gaming and the horse racing and horse training industries; or
• 15, Not to use the Service as a means to facilitate a gambling or other betting transaction or service either as a Wagering Operator or otherwise.

In using certain Services, you authorise us to act on your behalf to access and interact with social networking sites such as Facebook and Twitter (any such site, a “SN Site”) to retrieve information from, and/or submit information to, such SN Sites at your request. We will not collect your username and password, and we will instead store the unique authorisation code (or a “token”) provided to us by the SN Site to access it on your behalf. You can revoke our access to an SN Site at any time by amending the appropriate settings from within your account settings on that site. You should note that an SN Site may change or amend its guidelines and our access to it at any time, and we cannot guarantee that our Services will always include a connection to such SN Site.

FEES AND CHARGES

Fees for accessing the Prism system maybe charged to certain Members where agreed. Charges are calculated on a monthly basis and based on the number of horses you have in the Prism system and the number of selected modules you are currently using.

These fees will charge for Services one month in advance on the 1st day of each month, and will be automatically deducted from the Members nominated account on the 8th day of the month.

To cancel or modify your Prism package, please emailsupport@prism.horseor call the relevant number listed on the “Contact Us” section on our website.

Members accept that should the Fees not be paid on time and are still in arrears after 7 days, Prism reserves the right to suspend or terminate the Member’s Account until any arrears have been received.

Members acknowledge that Prism may alter or charge the fees schedule at any time subject to Prism providing a minimum of one weeks’ notice. Members are assumed to have accepted such Fee adjustment if it does not notify Prism to the contrary or cancel its Account and cease use of the Service within the one-month notice period.