Terms Of Service

Effective Date: 07/04/2021

1. Introduction

Neilprice.com (the "Publisher") app (the "App") is a mobile platform for the Publisher’s users like you ("you", and "your") that enables you to access Publisher-related content alongside social and interactive features. The App is provided by Disciple Media Limited ("we", "us" and "our"), on behalf of the Publisher, company number 08075740.

These Terms of Service ("Terms") and the associated Privacy Policy apply to your use of the App. The Publisher is also the Data Controller for the purposes of any personal data you provide. For information on how we and the Publisher (as "Data Controller") use your personal data, please see the associated Privacy Policy.

You must review and accept these Terms before you can use the App. Unless otherwise specified in the App details on the applicable App Store, to use the App you must be 18 or older (or be 13 or older and have your parent or guardian's consent).

We license use of the App to you on the basis of these Terms and subject to any rules or policies applied by any App store provider or operator from whose platform you download the App (“App Store”). We do not sell the App to you. We remain owners of the App at all times, but please note that the content provided by the Publisher via the App is owned by and remains the responsibility of the Publisher.

2. Changes

We may occasionally make changes to the App or these Terms. If we do, we'll notify you either by updating the Effective Date of these Terms listed above and via the App. You must accept these changes in order to continue using the App. You should stop using the App if you disagree with any changes to the App or these Terms.

From time to time we may issue updates to the App via the App Store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and reviewed and accepted any new terms.

3. Accessing the App and the content on the App

You may access the App by downloading and installing the App to your device from the App Store. Although we are working to ensure that the App is compatible across various devices, we cannot guarantee that the App will work with all devices. You should check the minimum requirements and specifications (including memory space and operating system) as set out in the App details on the applicable App Store before downloading the App. We will endeavour to support the two most recent versions of the operating systems available in the market – for example, if iOS 11 is the current version, we will aim to support iOS 10 and iOS 11). To download the App, you will need a valid App Store account (as applicable to your device).

It is your responsibility to ensure that you are able to comply with the relevant system requirements as described above. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the App and any or all content on the App may be restricted from time to time to allow for repairs, maintenance or updating.

It is your responsibility to pay for all costs and expenses (including all telephone call or line charges or Internet service data access) that you may incur using the App.

Your use of the App and enjoyment of its features and content hosted or made available through the App may vary in functionality, availability and quality depending on the type of device and operating system and any restrictions imposed by our content providers.

4. Your Use of the App

In consideration of you complying with these Terms, we grant you a non-transferable, non-exclusive, revocable licence to use the App on your device(s) and to view the content contained on the App for your personal, non-commercial use, subject to and in accordance with these Terms, the Privacy Policy and the applicable App Store rules, which are incorporated into these Terms by reference.

You agree:
a. that you will not use the App for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the App;
b. that you will not access or attempt to access the accounts of other users of the App;
c. that you will not impersonate any person, or misrepresent your identity or affiliation with any person;
d. not to post or transmit through the App any content which is or could reasonably be viewed as:
i. hate speech, obscene, harassing, threatening, pornographic, abusive or defamatory to an individual or group of individuals on the basis of religious belief, race, gender, age, disability or otherwise;
ii. inciting violence, or containing nudity or graphic or gratuitous violence;
iii. an unauthorised commercial communication of any kind (including, without limitation, spam);
iv. fraudulent, inaccurate or misleading, or is otherwise objectionable content of any kind;
v. infringing or violating someone else’s rights or otherwise violates the law;
vi. identifying any person without their consent or disclosing anyone else’s personal contact details or invading their privacy, or
vii. containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the App, or any computer software or hardware or telecommunications equipment.
e. that any content you post or upload to the App or otherwise make available via the App is owned by you and does not breach the requirements set out in section 4(d)(i)-(viii) above;
f. to refrain from doing anything which is defamatory, offensive, damaging or which we believe might damage our reputation, or that of the App, a provider of services accessed through the App, or the Publisher;
g. not to copy the App or any content on the App except where such copying is incidental to the normal non-commercial use of the App, or where it is necessary for the purpose of back-up or operational security;
h. not to make alterations to, or modifications of, the whole or any part of the App or any content on the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
i. not to infringe our intellectual property or the Publisher’s or our other licensors’ intellectual property in relation to your use of the App;
j. that you are solely responsible for your interactions with other users and users through the App;
k. that you will not collect other users’ and users' content or information, or otherwise access the App, using automated means (such as harvesting bots, robots, spiders or scraping techniques) or otherwise, without our prior written permission;
that any content you upload or post to the App (with the exception of private messages, which are confidential in nature) will be considered non-confidential and non-proprietary and that such content may be viewable by any users of the App (whether registered or unregistered). You will own your content, but you hereby grant us, our licensee’s and any third parties and other users of the App (each as we determine) a perpetual, irrevocable, royalty-free, transferrable, sub-licensable, worldwide licence to use, store and copy that content and to distribute it and make it available to third parties via any and all media, including, without limitation, the right for us to upload and make available and to authorise third parties to upload and make available such content on third party sites and services, including social media applications and channels such as Facebook, Twitter, Pinterest, YouTube, Instagram and on the Publisher’s own websites;
l. that you waive any moral rights or equivalent rights in any jurisdiction in relation to any content that you upload or post to the App and that we can use such content without referencing you as the author of such work and that we can adapt and amend such content in our sole discretion;
m. to compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these Terms;
n. to keep your password secure at all times and not to disclose your password to any other person;
o. not to allow any other person to use or access your account; and
p. to comply with all laws applicable to you.

5. Termination

We may terminate these Terms and close your account at any time without notice if we cease to provide the App.

In addition to our right to remove any content from the App, we reserve the right to suspend, restrict or terminate your access to the App at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. We also reserve the right to disable your account at our reasonable discretion. Suspension, restriction or termination of your access to the App will not limit our right to take any other action against you that we consider appropriate.

You may close your account and terminate your agreement with us at any time by emailing us at admin@trialsandenduroskills.com.

6. Intellectual Property

You acknowledge that the App, the content provided on the App and all copyrights, patents, trademarks, trade secrets, source code, object code and other intellectual property associated therewith are, and shall remain, the property of us or our licensors. You are not granted any intellectual property rights in or to the App or the content on the App except as expressly set out in these Terms. You are not authorised to use our or the Publisher’s logos or trade marks or trade names (whether registered or unregistered) in any manner. You may only use the App for personal, non-commercial purposes.

We also use third party software, full details of which can be found here for Android and here for iOS.

7. Licensing

The service and content provided through the App and the App itself are our property or the property of our licensors.

You are strictly only entitled to use the App, and consume content made available through the App, in accordance with these Terms.

The App and any other software made available to you via the App is licensed (not sold) to you, meaning that we or our licensors continue to own all copies of the App and other software when it is installed on your device. We may freely assign these Terms or any part of them, but you may not assign your rights under these Terms, or any part of them, nor may you sub-license your rights under these Terms, to any third party.

These terms do not grant you any rights to use any of our, our licensors’ or the Publisher’s intellectual property, such as trade marks, domain names, logos or other branded features, which belong to us and our licensors respectively.

8. User Generated Content and Moderation; Notice and Takedown

We respect the intellectual property rights of others and expect users of the App to do the same. As part of the functionality of the App we may allow you and other users to upload, transmit, send content, data, ideas, communications and other materials to the App (“User Generated Content”). You represent and warrant that you own or control all rights in and to your User Generated Content and have the right to grant the license granted above to us and our affiliates and our service providers, and each of their and our respective licensees, successors and assigns. We are under no obligation to, and we do not, review such materials for the purposes of determining copyright infringement. Therefore, your reliance on User Generated Content is at your own risk. Because we have no control over User Generated Content, you acknowledge and agree that we are not responsible for the accuracy or availability of User Generated Content, and we neither endorse nor are responsible or liable for any User Generated Content that appears on the App. We shall have the right (but not the obligation) to delete, remove, monitor, or edit User Generated Content and block links to the App through technological or other means without prior notice.

We also have the right to moderate User Generated Content and user accounts based on the Community Guidelines within the App. We also reserve the right to terminate access to the App if we believe a user is posting infringing material or if a user has breached our Community Guidelines.

If you are a rights holder and you believe that your copyright is being infringed by any material on the App, please contact us via email at admin@trialsandenduroskills.com or in writing to Neil Price Pty Ltd at Unit 3/ 2921 Albany Hwy Kelmscott, Western Australia 6111
your contact details;
- identification of the material to which the complaint relates and which appears on the App, which is reasonably sufficient to permit us to locate the material; and
- proof that you are the rights holder and a statement that you are the rights holder or are an authorised representative.

9. Personal Data

For information on how we and the Publisher (as Data Controller) use your personal data, please see the associated Privacy Policy.

10. Our Legal Obligations

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence or fraud.

We are not responsible for:
a. losses, damage, costs or expenses not caused by our breach of these terms;
b. the actions or omissions of any Publisher or our licensors introduced to you through the App;
c. the actions or omissions of other users of the App;
d. any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these terms; or
e. any harm, loss or damage suffered by you or anyone else if the App is interrupted, suspended or otherwise not provided to you or if we do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure).

For any loss or damage suffered by you or anyone else that may arise from use of the App and which is not otherwise excluded under this section 11, to the extent permitted by law our liability is limited to £100.

11. Disclaimer and Technical Limitations

We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through, or linked to from or via, the App by other users or third party service providers. We are not responsible for any transaction you may enter into with a third party via the App and it is up to you to decide whether or not to do so.

The App and the service provided through it is provided without express or implied warranty or condition of any kind, on an "as-is" basis, subject to applicable law. You agree that you must evaluate, and that you bear all risks associated with, the use of the App, including without limitation, any reliance on the accuracy, completeness or usefulness of any materials available through the App.

We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

You acknowledge and accept that your access to the App is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the App may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.

We disclaim all warranties with respect to the App including, but not limited to, the warranties of non-infringement and title. We give no warranty that your use of the App will be uninterrupted or error free, that the information obtained from the App will be accurate, complete, current, or reliable, that the quality of the App will be satisfactory to you, or that errors or defects will be corrected. You acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay to your access to the App, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the App.

12. Third party sites or services

The App may include and link to features, websites and services (such as the Publisher’s own website and social applications like Twitter, Facebook, Pinterest, YouTube and Instagram) that are provided by a third party. We do not control such third party sites or services and are not responsible for the content of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to use of that third party service will apply and we will not be responsible for anything that is done or not done by you or the third party service provider in connection with your use of their service. We recommend that you check the applicable third party service’s terms and conditions of use and sale before using such third party service or purchasing any products or services.

13. Contacting Us

To contact the Publisher, please write to:
Neil Price Pty Ltd
Unit 3/ 2921
Albany Hwy, Kelmscott
Western Australia 6111
Tel: +61415471315
Email: admin@trialsandenduroskills.com

14. Disputes

Unless otherwise required by applicable law, any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction to hear any claims made in relation to these Terms. If the court in your country will not apply the laws of England and Wales, or if the courts in your country will not permit you to consent to the jurisdiction of the courts in England and Wales, then your local law and jurisdiction will apply to such disputes related to these Terms.

15. Other Important Legal Terms

You may not transfer your rights or obligations under these Terms to anyone else.

If you breach these Terms and we take no action against you, or if we delay in doing so, that will not mean that we have waived our rights against you and we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.

If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations.

These Terms are not intended to give rights to anyone except you and us.

Except as otherwise expressly stated, these Terms and our Privacy Policy contain the entire agreement between us, the Publisher and you relating to use of the App and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us, the Publisher and you relating to use of the App.

 

Privacy Policy

Updated on: 07/04/2021

Thanks for downloading the Trials and Enduro Skills App. In order for you to participate in this App We will need you to review this Privacy Policy and the associated Terms of Service. Thank you.

This Privacy Policy has been created to help you understand the personal data which we may collect, how we intend to securely process and store that data, and the rights you have in relation to your personal data.

Along with the Disciple Media Terms and Conditions of Use, this Privacy Policy makes up our agreements with you as a user of our App, and we need to ensure you understand that agreement.

Full Privacy Policy

1. Introduction

This Privacy Policy will help you to understand what information We collect and process using the official Trials and Enduro Skills Application (and related Website used to support account management and sharing of posts on social media and other platforms), hereinafter referred to as “the Service”, and the choices and rights you have in connection with your personal information.

In this Privacy Policy when we refer to ‘‘Trials and Enduro Skills’’, ‘We’, ‘Us’ or ‘Our’ we are referring to Neil Price Pty Ltd of Unit 3/ 2921, Albany Highway, Kelmscott, Western Australia, AU, 6111, telephone +61415471315, email admin@trialsandenduroskills.com, the “Data Controller” for this Service.

The Data Controller is responsible for determining the processing purposes of your personal data, and the content and related services or features which are made available to you from using this Service.

2. What is the Purpose of this Service?

The purpose of this Service is helping you to ride different!.

3. Where do we collect personal data about you from?

We may collect personal data about you from the following sources:
Directly from you. This is information you have voluntarily provided whilst entering your personal details on the Service.

We do not collect personal data about you from:
From an agent/third party acting on your behalf.

4. What Information Do We Collect and Why?

We will only ever collect the information We need to enable us to undertake the specific information processing activities noted later in this section.

We collect and process two distinct kinds of information:
● Non-personal information such as the pages you have accessed, helping Us to determine how many people use Our Service, how many people visit on a regular basis, and how popular each of Our pages are. This information doesn't tell Us anything about who you are or where you live. It simply allows Us to monitor and improve Our service.
● Personal information such as your first and last name, phone numbers IP address, email address, username, password, approximate location and any optional information you may choose to provide to Us as part of your experience within the Service (e.g. text, photograph).

Should you decide to register we ask for the following information:
● Email address – we use this to send you a welcome email, and any service related communications such as resetting your password or verifying your email address. We will not send you any marketing or third-party messages unless you have explicitly provided your consent for Us to do so.
● Phone numbers – we use this to contact you, in regards to any service related communications. We will not send you any marketing or third-party messages unless you have explicitly provided your consent for Us to do so.
● First and last name – we use this to Identify you in relation to your profile or bookings you may make externally, such as when booking private meetings with Us. This allows us to satisfy the purpose of the app. This is not made public unless you have done so, and your name is not searchable by other members.
● Your name/username – we ask for a username so that if you make any posts or comments that these are attributable to you. Other users will also be able to search for you by name, and it will be shown on your public profile page.
● A photo – this is optional, but if you add one this will be shown next to any posts and comments you make, as well as on your public profile page.
● A password – we store this in a secure one-way encrypted system. If you forget your password, you may request that it be reset, and we will send an email to you with instructions on how to do so.

Once registration is complete, and you have verified your email you may, if you choose, post, and comment in the App. Please bear in mind that any posts and comments you make are in the public domain and may be viewed by non-registered users in the App and on public web pages.

You may also send friend requests to other users and, should they accept, you will have the ability to send one-to-one and group messages to them. These messages are completely private between you and any other recipients and are not monitored.

As you use the App We will keep track of what sections you have visited, so that We can highlight sections or content to you that you may have missed. We also use this data in an aggregated form to understand how popular the App and its different sections are so that We can improve the service. This data is never shared with anyone and is only used for Our internal purposes.

We record the last IP address you accessed the service from so that We can protect the service from malicious access. As part of this We may look up the approximate location of the IP address such as country and city.

Your decision to disclose your personal information to Us is entirely voluntary. If you do not provide the personal data necessary, or withdraw your consent for the processing of your personal data, you may not be able to access or use the App.

We will only retain your personal information for as long as you are a registered user of the Channel. We comply with all legislative and regulatory information retention requirements and will securely and permanently delete your personal information when there is (a) no justification for its further retention, or (b) you have asked Us to delete it.

Personal information collected on this site may be shared with the Artist, the Artist’s record label, or any service providers contracted to operate this site, or those contracted to perform promotional and marketing activities on the Artist’s behalf. These contractors have agreed with us to use personal information of site visitors only for the purposes of carrying out these operations and/or activities.

5. Children’s Personal Data

This Service, and any services available from it, are not directed to users under the age of 13. If you learn that a user under the age of 13 has provided Us with their personal information without having parental or guardian consent, please contact Us (see Section 11) immediately so we can take appropriate action.

6. User Data Rights

If you are based in the EU, under the General Data Protection Regulation you have several rights connected to the provision of your personal information to Us from using the Service.

1. The right to be informed
You have the right to be provided with clear, transparent and easily understandable information about how We use your information and your rights. This is why We’re providing you with the information in this Privacy Policy.
2. The right of access
You have the right to obtain access to your personal information (if We’re processing it), and certain other information such as the reasons why we are processing or storing it. This is so you’re aware and can check that We’re using your personal information in accordance with data protection legislation and your agreement.
3. The right to rectification
You are entitled to request that your personal information is promptly corrected if it’s identified as being inaccurate or incomplete.
4. The right to erasure
This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information under certain circumstances where there’s no compelling reason for Us to keep using it. This is not a general right to erasure; there are exceptions.
5. The right to restrict processing
You have rights to ‘block’ or suppress further use of your personal information. When processing is restricted We can still store your information but may not be able to process it further. We maintain lists of people who have asked for further use of their personal information to be ‘blocked’ to make sure the restriction is respected in future.
6. The right to data portability
You have rights to obtain and reuse your personal data for your own purposes across different services. For example, if you decide to switch to a new provider, this enables you to move, copy or transfer your information easily between Our IT systems and theirs safely and securely, without affecting its usability.
7. The right to object to processing
You have the right to object to certain types of personal data processing, including processing for direct marketing activities.
8. The right to lodge a complaint
You have the right to lodge a complaint about the way We have handled or processed your personal data with your national data protection regulator.
9. The right to withdraw consent
If you have given your consent to anything We do with your personal data, you have the right to vary or withdraw your consent at any time (although if you do so, it does not mean that anything We have done with your personal data with your consent up to that point is unlawful). This includes your right to withdraw your consent to Us using your personal data for marketing purposes.

We usually act on validated requests and provide the requested information or activity free of charge, but by law we are allowed to charge a reasonable fee to cover Our administrative costs of providing the information for:
● baseless or excessive/repeated requests, or
● further copies of the same information.
Alternatively, there are reasons why We may be entitled to refuse to act on the request.

Please consider your request responsibly before submitting it. We’ll respond as soon as We can. Generally, this will be within one month from when We receive your validated request but, if the request is going to take longer to deal with, We will let you know.

To contact Us please see Section 11 below. If We do not address your request or fail to provide you with a valid reason why We are unable to do so, you have the right to contact your national data protection regulator.

7. International Transfers of Personal Data

As We have described above, to be able to provide you with the Services We may transfer your personal data to partners in different countries. These countries’ privacy laws may be different from those in your home country.

Should We transfer data to a country which has not been deemed to provide adequate data protection standards We always have security measures and approved model clauses in place to protect your personal data.

If you are based in the EU, by voluntarily submitting your personal data to us you consent to these international transfer. If you later wish to withdraw your consent, please contact the Data Controller using the details in Section 11.

8. Use of Cookies

Cookies are small text files sent by websites to your web browser and sent back to them each time you access or use the site, and may be necessary for the site to function. They are unique to you or your web browser and may contain personally identifiable information as well as technical information (e.g. your device manufacturer and model, screen resolution, internet service provider, browser, and geo-location data). Session-based cookies last only while your browser is open and are automatically deleted when you close the browser. Persistent cookies last until you or your browser delete them, or until they expire.

When using this Service, you should be aware that the App element of the Service does not use cookies. We do maintain recognition of Log In, but this is not managed by cookies. Third- party websites which we, or other users, may link to might however include cookies. These are outside of our control and we cannot guarantee their behaviour. These sites may use both session-based and persistent cookies, dependent upon the functionality in those sites.

However, when posts are shared from the App into social media, the webpages in the Service that support this feature do use cookies to anonymously gather metrics on which pages are the most popular.

Further information about cookies can be found at Interactive Advertising Bureau or Out-Law's.

9. External Links

The Service includes relevant hyperlinks (posted by us or App users) to external websites which are not directly controlled by Us. Whilst all reasonable care has been exercised in selecting and providing such links, you are advised to exercise caution before clicking any external links. We cannot guarantee the ongoing suitability of external links, nor do we continually verify the safety or security of the contents which may be provided to you. You are advised, therefore, that your use of external links is at your own risk and We cannot be responsible for any damages or consequences caused by your use of them.

10. Changes to this Privacy Policy

We may change this Privacy Policy from time to time, and if We do so, you will be notified at your next available interaction with the Service, at which time you will be provided with the updated Privacy Policy to review and consent to before you are able to continue using the Service.

11. Contacting the Data Controller

If you have any questions about this Privacy Policy, would like to exercise any of your statutory rights or to make a complaint, please write to:

Neil Price
Unit 3 / 2921
Albany Hwy Kelmscott
Western Australia, 6111
Tel: +61415471315
Email: admin@trialsandenduroskills.com