1 About the Application
1.1 Welcome to Ridalyze (the ‘Application’). Through the Application you can:
(a) store information about your motorcycles, including servicing and insurance information;
(b) view videos of laps ridden by professional riders and access data collected from the
(c) collect and lay over your own data to see the differences between what you are doing
and what the professional riders are doing.
1.2 The Application is operated by Ridalyze Pty Ltd ACN 628 507 559 (‘Operator’). Access to and
use of the Application, or any of its associated products or services, is provided by the
Operator. Please read these terms and conditions (‘Terms’) carefully. By using, browsing or
reading the Application, this signifies that you have read, understood and agree to be bound by
the Terms. If you do not agree with the Terms, you must cease using the Application
1.3 The Operator reserves the right to review and change any of the Terms by updating this page
at its sole discretion. When the Operator updates the Terms, it will use reasonable endeavours
to provide you with notice of updates to the Terms.
2 Acceptance of the Terms
2.1 You accept the Terms by using or browsing the Application. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by the
Operator in the user interface.
3.1 In order to access the Application, you must first register as a user of the Application. As part
of the registration process, you may be required to provide personal information about yourself
(such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(f) Credit card and payment details
(g) Other personal information
3.2 You warrant that any information you give to the Operator in the course of completing the
registration process will always be accurate, correct and up to date.
3.3 Once you have completed the registration process, you will be a registered user of the
Application (‘Registered User’) and agree to be bound by the Terms. As a Registered User
you will be granted immediate access to any services within the Application that may require
payments to be made (‘Purchase Services’).
3.4 You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with the Operator; or
(b) you are a person barred from receiving the Purchase Services under the laws of
Australia or other countries including the country in which you are resident or from which
you want to use the Purchase Services.
4 Your obligations as a Registered User
4.1 As a Registered User, you agree to use the Application and any Purchase Services only for
purposes that are permitted by:
(a) the Terms; and
(b) any applicable law, regulation or generally accepted practices or guidelines in the
4.2 You have the sole responsibility for protecting the confidentiality of the credentials you use to
log in to the Application or to use Purchase Services.
4.3 Any use of your registration information or login credentials by any other person, or third
parties, is strictly prohibited. You agree to immediately notify the Operator of any unauthorised
use of your registered information or login credentials and of any other breach of security of
which you have become aware.
4.4 Access to and use of the Application is limited, non-transferable and allows for the sole use of
the Application by you for the purposes of the Operator providing the services available through
the Application from time to time.
4.5 You must not use the Application or Purchase Services for any illegal or unauthorised use
which includes collecting email addresses of Registered Users by electronic or other means for
the purpose of sending unsolicited email or unauthorised framing of or linking to the Application.
4.6 you agree that commercial advertisements, affiliate links, and other forms of solicitation may be
removed from the Application without notice and may result in termination of your access to the
Application. Appropriate legal action may be taken by the Operator for any illegal or
unauthorised use of the Application.
4.7 You acknowledge and agree that any automated use of the Application or Purchase Services is
5 Purchase Services
5.1 In using the Purchase Services through the Application, you will agree to the payment of the
purchase price listed on the Application for the Purchase Service (the ‘Purchase Price’).
5.2 Payment of the Purchase Price may be made through a third-party provider (‘Payment
Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised
yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy
Policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.3 Following payment of the Purchase Price being confirmed by the Operator, you will be issued
with a receipt to confirm that the payment has been received and the Operator may record your
purchase details for future use.
6 Warning of Risk
6.1 To the extent that it is necessary, this clause is a warning under the Wrongs Act 1958 (Vic), the
Civil Liability Act 2002 (NSW), the Civil Liability Act 2003 (Qld) and equivalent legislation in
6.2 You acknowledge there are Obvious Risks and Inherent Risks connected with riding a
motorcycle at speed and other recreational activities.
6.3 An ‘Obvious Risk’ is a risk to a person who suffers harm which, in the circumstances, would
have been obvious to a reasonable person in the position of that person, and may include:
(a) matters of common knowledge;
(b) things that may have a low probability of occurring; and
(c) things that are not prominent, conspicuous or physically observable.
6.4 An ‘Inherent Risk’ is a risk that cannot be avoided by the exercise of reasonable care and skill.
6.5 Riding a motorcycle at speed may result in:
(a) physical harm or personal injury including broken bones, soft tissue injuries, joint injuries,
organ damage, permanent injury, permanent disability or death; and
(b) psychological harm or injury.
6.6 Injury may occur through:
(a) you causing or being involved in an accident;
(b) you observing someone else causing or being involved in an accident;
(c) you attempting to do things beyond your training or capability (including through the use
of information from the Application);
(d) other people attempting to do things beyond their training or capability (including through
the use of information from the Application);
(e) damage to equipment or facilities;
(f) any failure to maintain equipment or facilities (including your motorcycle, which could
happen if you place data in the Application about the servicing of your motorcycle but the
data is wrong, corrupted, lost or not accessed by you on a regular basis);
(g) the incorrect use of equipment or facilities;
(h) a failure by you or others follow instructions or directions;
(i) your negligent acts and omissions;
(j) the negligent acts and omissions of other persons;
(k) any loss or damage arising through a failure to avoid other people or hazards;
(l) any failure to use appropriate protective equipment;
(m) any failure to observe or obey all signs, warnings and other rules; or
(n) the use of drugs or alcohol.
7 This list of potential injuries is not exhaustive and there are other unknown or anticipated risks
that may result in injury, illness or death.
8 Operator’s Liability, Limitations and Exclusions
8.1 If you ride a motorcycle at speed or you participate in any motorcycle racing activities, you do
that voluntarily and at your own risk and responsibility, even if you are in some way using
information from the Application or anything acquired through the Purchase Services.
8.2 To the fullest extent permitted by law, the Operator excludes and you release and waive any
right to make any actual or contingent claim against the Operator, for all or any loss that arises
(a) any Obvious Risks that are directly or indirectly connected with the Application or
Purchase Services or your use of them;
(b) any Inherent Risks that are directly or indirectly connected with the Application or
Purchase Services or your use of them;
(c) any negligence by the Operator in connection with the Application or Purchase Services
or your use of them;
(d) the negligence of any other person in connection with the Application or Purchase
Services or your use of them;
(e) any failure to follow the instructions or directions of the Operator in connection with the
Application or Purchase Services or your use of them (Including instructions, directions
and warnings within the Application itself); and
(f) any damage, fault or defect connected with the Application or Purchase Services.
8.3 If the Operator is making a supply of goods or services to a consumer under Australian
(a) nothing contained in these Terms excludes or modifies any condition, warranty or other
obligation where it is unlawful to do so; and
(b) to the fullest extent permitted by law, the Operator’s sole liability for breach of any such
condition, warranty or obligation is limited to:
(i) the replacement of the relevant goods or the supply of equivalent goods, or
payment of the cost of replacing or acquiring equivalent goods;
(ii) the repair of the relevant goods or payment of the cost of having the goods
(iii) the supply of the relevant services again;
(iv) the payment of the cost of having the relevant services supplied again.
8.4 If the Operator is not making a supply of goods or services to a consumer under Australian
Consumer Law then to the fullest extent permitted by law, the Operator’s liability in connection
(a) the supply; or
(b) any failure to supply,
9 any goods and services is limited to the amount (or the aggregate of the amounts) payable by
you to the Operator for those goods and services.
9.1 You acknowledge that the Operator does not make any terms, guarantees, warranties,
representations or conditions whatsoever regarding the Application or Purchase Services other
than provided for in these Terms.
9.2 Nothing in these Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any liability
under them) which by law may not be limited or excluded.
9.3 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly
stated in these Terms are excluded; and
(b) the Operator will not be liable for any special, indirect or consequential loss or damage
(unless such loss or damage is reasonably foreseeable resulting from our failure to meet
an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill
arising out of or in connection with the Application, the Purchase Services or these
Terms (including as a result of not being able to use the Purchase Services or the late
supply of the Purchase Services), whether at common law, under contract, tort (including
negligence), in equity, under statute or otherwise.
9.4 Use of the Application, the Purchase Services, and any of the products of the Operator is at
your own risk. Everything on the Application, the Purchase Services, and the products of the
Operator, are provided to you on an “as is” and “as available” basis, without warranty or
condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors,
third party content providers or licensors of Operator make any express or implied
representation or warranty about its Content or any products or Purchase Services (including
the products or Purchase Services of the Operator) referred to on the Application. This includes
(but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct
defects, delay in operation or transmission, computer virus or other harmful component,
loss of data, communication line failure, unlawful third-party conduct, or theft, destruction,
alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Application, the Purchase
Services, or any of its Content or related products (including third party material and
advertisements on the Application);
(c) costs incurred as a result of you using the Application, the Purchase Services or any
(d) the Content or operation in respect to links which are provided for a Registered User’s
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on
the Application; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication
of any materials relating to or constituting such conduct.
9.5 The Operator is not responsible or liable in any manner for any site content (including the
Content and third-party content) posted on the Application or in connection with the Purchase
Services, whether posted or caused by users of the Application, by the Operator, by third
parties or by the supplier any of the Purchase Services.
10 Copyright and Intellectual Property
10.1 The Application, the Purchase Services and all of the related products of the Operator are
subject to copyright. The material on the Application is protected by copyright under the laws of
Australia and through international treaties.
10.2 Unless otherwise indicated, all rights (including copyright) in the site, content and compilation of
the Application (including text, graphics, logos, button icons, video images, audio clips and
software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by the
Operator or its contributors.
10.3 The Operator retains all rights, title and interest in and to the Application and all related content.
Nothing you do on or in relation to the Application will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent,
registered design or copyright of the Operator; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or
industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an
adaptation or modification of such a system or process).
10.4 You may not, without the prior written permission of the Operator and the permission of any
other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post,
distribute, show or play in public, adapt or change in any way the Content or third-party contact
for any purpose. This prohibition does not extend to materials on the Application which are
freely available for re-use or are in the public domain.
11.1 The Operator takes your privacy seriously and any information provided through your use of the
available at http://ridalyze.com.
12.1 If you are in the business of providing similar services for the purpose of providing them to
users for a commercial gain, whether business users or domestic users, then you are a
competitor of the Operator. Competitors are not permitted to use or access any information or
content on our Application. If you breach this provision, the Operator will hold you fully
responsible for any loss that we may sustain and hold you accountable for all profits that you
might make from such a breach.
13 Termination of Contract
13.1 The Terms will continue to apply until terminated by either you or by Operator as set out below.
13.2 If you want to terminate the contract between you and the Operator, you may do so by:
(a) uninstalling the Application from any device on which you have installed it; or
(b) giving us notice in writing.
13.3 The Operator may at any time, terminate the contract between you and the Operator if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) the Operator is required to do so by law;
(c) the Operator is transitioning to no longer providing the Application to Registered Users in
the country in which you are resident or from which you use the service; or
(d) the continued provision of the Application is, in the opinion of the Operator, no longer
13.4 Subject to local applicable laws, the Operator reserves the right to discontinue or cancel your
membership to the Application at any time and may suspend or deny, in its sole discretion, your
access to all or any portion of the Application or the Purchase Services without notice if you
breach any provision of the Terms or any applicable law or if your conduct detrimentally affects
the Operator’s or the Application’s name or reputation or violates the rights of another party.
13.5 When the contract between you and the Operator comes to an end, all of the legal rights,
obligations and liabilities that you and the Operator have benefited from, been subject to (or
which have accrued over time whilst the contract has been in force) or which are expressed to
continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause
shall continue to apply to such rights, obligations and liabilities indefinitely.
14.1 You agree to indemnify the Operator, its affiliates, employees, agents, contributors, third party
content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of or in
connection with any Content you post through the Application;
(b) any direct or indirect consequences of you accessing, using or transacting on the
Application or attempts to do so and any breach by you or your agents of these Terms;
(c) any breach of the Terms by you.
15 Dispute Resolution
15.1 If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or
court proceedings in relation to the dispute, unless the following clauses have been complied
with (except where urgent interlocutory relief is sought).
(a) A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must
give written notice to the other party detailing the nature of the dispute, the desired
outcome and the action required to settle the Dispute.
(b) On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’)
must within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually agree.
(c) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not
been resolved, the Parties must either agree upon selection of a mediator or request that
an appropriate mediator be appointed by the President of the Resolution Institute or his
or her nominee.
(d) If 60 days have elapsed after the start of a mediation of the Dispute and the Dispute has
not been resolved, either Party may ask the mediator to terminate the mediation and the
mediator must do so.
15.2 The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost
of the venue of the mediation and without limiting the foregoing undertake to pay any amounts
requested by the mediator as a pre-condition to the mediation commencing. The Parties must
each pay their own costs associated with the mediation. The mediation must be conducted in
accordance with the mediation rules of Resolution Institute.
15.3 All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible, must
be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
16 Governing Law
16.1 The Terms and the contract between you and the Operator are governed by the laws of New
South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature
arising out of or in any way relating to the Terms and the rights created hereby shall be
governed, interpreted and construed by, under and pursuant to the laws of New South Wales,
Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The
validity of this governing law clause is not contested. The Terms shall be binding to the benefit
of the parties hereto and their successors and assigns.
16.2 In the event of any dispute arising out of or in relation to the Application, these Terms or the
contract between you and the Operator, you agree that the courts and tribunals of New South
Wales, Australia will have jurisdiction.
17.1 If any part of these Terms is found to be void or unenforceable by a court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.