Terms of Use

Terms of Use

In this document:

Agreement” means the agreement between You and Riskcom under which Riskcom has agreed to make the Service available to You;

Riskcom” means Riskcom Services Pty Ltd ACN 161 565 233.

Service” means the risk management service known as “Riskcompro”, as it exists from time to time, presently accessible via the riskcompro.com. and riskcomrpo.com.au domains;

Terms” means these terms and conditions; and

You” means the user of the Service, and “Your” has a corresponding meaning.

1. Application and Amendment of Terms

1.1 Riskcom provides the Service subject to these Terms. By accepting these Terms or by accessing or using the Service, You acknowledge that you are bound by these Terms. If You are accepting these Terms or accessing or using the Service on behalf of a company or other legal entity, You represent that You have the authority to bind that entity to these Terms, in which case the terms "You" or "Your" will refer to that entity. If You do not have such authority, or if You do not agree to these Terms, You must not accept these Terms and must not use the Service.

1.2 Riskcom may change these Terms from time to time without prior notice to You. You can review the most current version of these Terms at any time at http://riskcompro.com/terms-of-use. The revised Terms will become effective upon posting and You using the Service after that date. If any change to these Terms is not acceptable to You, Your only remedy is to stop accessing and using the Service.

2. Access and Use of the Service

2.1 Subject to these Terms, You may access and use Service only for Your own internal business purposes. You have no right to and must not:

(a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms;

(b) use the Service to process data on behalf of any third party; or

(c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service.

2.2 Subject only to the limited right to access and use the Service expressly granted to You under these Terms, all rights, title and interest in and to the Service and its components remain with and belong exclusively to Riskcom.

2.3 You must not modify, adapt or hack the Service to falsely imply any association with Riskcom, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

2.4 You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service.

2.5 You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under Your login or account.

2.6 You agree and acknowledge that Your login may only be used by one (1) person. For clarity a single login shared by multiple people is not permitted. You may create separate logins for as many people as Your Agreement allows.

2.7 Riskcom reserves the right to access any or all Your accounts in order to respond to Your requests for technical support.                    

2.8 You acknowledge that Riskcom uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to operate and maintain the Service.

2.9 You acknowledge that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve:

(a) transmissions over various networks;

(b) changes to conform and adapt to technical requirements of connecting networks or devices; and

(c) transmission to Riskcom's third party vendors and hosting partners.

2.10 Riskcom will use reasonable efforts to publish on the site or notify you of any planned downtime of the Service.

2.11 The failure of Riskcom to exercise or enforce any right or provision of these Terms will not be a waiver of that right. You acknowledge that these Terms are a contract between you and Riskcom, even though they are electronic and not physically signed by you and Riskcom, and they (together with the Agreement) govern Your use of the Service and take the place of any prior agreements between You and Riskcom.

2.12 Riskcom reserves the right to reject applications to use the Service at its own discretion.

3. Protection of Riskcom’s marks

“Riskcompro” and Riskcom’s various logos used or displayed on the Service are trademarks of Riskcom and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Riskcom products and services. You must not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.

4. Records

(a) Riskcom does not represent or warrant that it will keep any information you store on the Service for any period of time.

(b) To the extent you are required to keep and maintain records for any period of time, you should keep them separately and not rely on their continued availability on the Service.

(c) Riskcom will not retain your information after the Agreement or your licence to use the Service ends or is terminated. You should ensure you export any information you wish to retain from the Service prior to this time. 

5. Confidentiality

(a) Riskcom will maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data.

(b) Your information is regarded as confidential and will not be divulged to any third party, other than as required to provide the Service and as required by law.

(c) Riskcom will not sell, share, or rent Your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Riskcom will only be in connection with the provision of the Service.

(d) Riskcom will not disclose Your data except if compelled by law or if permitted by you.

6. Advertising

Riskcom reserves the right to introduce in-site advertising to the Service.

7. Payment

(a) You must pay Riskcom’s fees in full within fourteen (14) days of them becoming due.

(b) Riskcom reserves the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through the Courts. If Riskcom does so, You will be liable for and indemnify Risckcom against any and all additional administrative and/or court costs.

(c) Riskcom reserves the right to suspend Your access to Riskcompro while any amounts owing to Riskcom remain unpaid.

8. Cancellation and termination

(a) You must provide us with at least 24 hours’ notice to terminate an Agreement. Notification for instance, in person, via email, mobile phone 'text message' and/or fax, or any other means will be accepted subject to our confirming receipt in writing. Riskcom reserve the right to charge a $100 cancellation fee to cover any subsequent administrative expenses.

(b) Riskcom complies with the Australian Consumer Law. Both You and Riskcom have the right to terminate any Agreement for any reason, including ending services that are already underway. No refunds shall be offered, where a service is deemed to have begun, and is for all intents and purposes, underway.

9. Use of Your name and information by Riskcom

You agree to allow Riskcom to use Your company name, logo and non-sensitive, non-personal user information for case study and marketing purposes. Any testimonials may be edited and used for marketing, training and quality purposes.

10. Force Majeure

Neither party is liable to the other for any failure to perform any obligation (other than a payment obligation) under these Terms which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with these Terms.

11. Restrictions on use

Unless permitted by law or as otherwise expressly permitted in these Terms, You must not, and must not authorise any third person to:

(a) reproduce, copy, download, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend or otherwise use the Service, or any part in any form or by any means;

(b) modify or make any alterations, additions or amendments to any part of the Service;

(c) make the Service available to any person other than an authorised user;

(d) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Service or reproduce all or any portion any of the components;

(e) remove, alter, circumvent or tamper with any trademarks, copyright notices, copyright protection devices, disclaimers or other legal notices;

(f) combine the whole or any part of the Service with any other software, data or material; or

(g) store or use any part of the data within the Service (other than Your own data) in an archival database or other searchable database.

12. Content shared by You

You may submit a template to be shared in Riskcompro with other users or Riskcom. If You do:

(a) You grant Riskcom and other users a non-exclusive, royalty free, perpetual licence to use and publish that template;

(b) You indemnify Riskcom and other users against any and all legal fees, damages and other expenses that may be incurred by Riskcom and other users as a result of any third party claiming that use of the template infringes the intellectual property rights of that third party;

(c) You are only sharing the blank template, template questions and category headings and not Your entered content. Your information within a template remains confidential; and

(d) some anonymised information and user statistics may be collected by Riskcompro. An example of these statistics would the number of times a template is used or location data. By understanding how users are utilising the Service Riskcom can work on improving the elements that users find most helpful.

13. Use of forms and templates

(a) The forms and templates provided via the Service are not certified by any authority. It is Your responsibility to use the correct and legal forms and/or templates for Your particular industry.

(b) When using templates on the Service, You understand that You are using generic templates that are not specific to Your requirements and should be not be relied upon in any way as a legally compliant template.

(c) It is Your responsibility to modify any templates to suit Your specific requirements. Professional advice from a qualified person should be sought to make any template meet Your specific requirement.

14. Disclaimer and Limitation on Liability

(a) The Competition and Consumer Act 2010 (Cth), similar laws (and any laws or regulations that repeal or amend that legislation) may confer rights and remedies on you in relation to the provision by Riskcom of goods or services ordered by you which cannot be excluded, restricted or modified (non-excludable rights). Riskcom does not exclude any non-excludable rights but Riskcom does exclude all other conditions and warranties in relation to the Service that are implied by custom, law or statute.

(b) Except as provided for by the non-excludable rights:

i. all goods and services provided to you are provided without warranties of any kind, either express or implied;

ii. Riskcom does not warrant those goods and services will be complete or free from all errors;

iii. Riskcom does not warrant that information provided as part of the goods or services will be up-to-date;

iv. Riskcom does not warrant that the telecommunications carrier used by You will not fail to provide service at any time whether or not the Service is being accessed by You at any such time;

v. You acknowledge that You are using a generic risk management tool and the Service is not a substitute for professional advice;

vi. You acknowledge that You are solely responsible for the use of the Service and that the functionality provided by the Service is only part of establishing a safe system of work. Comprehensive gap analysis and risk assessments are required along with specific safe work method statements and safety training.

vii. all representations are expressly excluded and You have not relied on any representation from Riskcom in respect of the Service.

(c) Under no circumstances (including but not limited to any act or omission on our part) will Riskcom be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use, or any inability to use, the Service.

(d) To the fullest extent permitted by law, Riskcom’s liability for breach of any implied warranty or condition which cannot be excluded is limited at Riskcom’s option to supply of the Service again or paying for the resupply of the Service.

15. Termination by Riskcom

Riskcom may at any time (without prejudice to its other rights or remedies) immediately terminate Your licence to use the Service in the event that You fail to comply with these Terms.