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TERMS OF USE

Effective from 1 July 2023 WELCOME TO RISK EDGE!

  1. These Terms of Use apply to your use of our websites located at www.riskedge.com.au and www.riskready.net.au, including all of the content, materials, products, features, functions, tools and other services provided on these websites (“Services”). By using our Services, you agree that these Terms of Use constitute a legally binding agreement between you (“you”, “your”, or “User”) and Risk Edge Pty Ltd (ABN 43 143 242 399 t/as “The Risk Edge Group”, “Risk Edge Training”, and “Risk Ready Training”) (“Risk Edge”, “we”, “us”, or “our”).
  2. Risk Edge reserves the right to, at any time:
    1. amend these Terms of Use without notice other than by updating this Terms of Use webpage;
    2. amend, update, modify or remove any part of our Services;
    3. stop or suspend the operation of any part of our Services; and/or
    4. terminate, suspend or restrict your access to our Services if we reasonably believe that there is a risk of violation of laws or regulations associated with you, your business, your use of our Services or your dealings with us under these Terms of Use, or that you are otherwise in breach of these Terms of Use.
  3. PURCHASES ON OUR WEBSITES
    1. Prices: All prices listed on our websites are in Australian Dollars and are GST-inclusive (unless otherwise expressly stated).
    2. Payments: Payments can be made to us only through the electronic payment methods enabled on our websites. Risk Edge does not accept payment by cash, cheque, money order or bank transfer. Service fees and charges, including those charged by third-party payment processors, may apply to certain payment methods.
    3. You must not pay, or attempt to pay, for purchases through any fraudulent or unlawful means.
    4. By providing your payment card or account details on our websites, you authorise Risk Edge to:
      1. transmit your User Data (as defined in Clause 5.1 below) to our third-party payment processors for the purpose of processing your payment; and
      2. deduct the purchase price from your payment cards or accounts.
    5. Risk Edge may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason, including, without limitation:
      1. where our payment processor’s fraud detection system has detected possible irregularities;
      2. because your financial institution or other payment provider has declined payment; or
      3. because your payment card has expired.

      Where this is the case, Risk Edge reserves the right to cancel your order or place your order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

    6. When you submit an order for purchase on our websites, Risk Edge may complete a pre-authorisation of the full value of the order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the order unavailable until either the merchant charges the account or the transaction is cancelled. If an order is cancelled (for example, because our payment processor’s fraud detection system has detected a possible irregularity), any pre-authorisation may still appear in your account as a pending transaction for a period of time, which will vary depending on your financial institution. After such time, the funds will become available again for you to use.
    7. Goods that you have ordered will not be dispatched to you until your payment for the goods has cleared. If your payment cannot be processed, your order will be rejected and Risk Edge will notify you by email.
    8. Order change or cancellation: Please contact Risk Edge immediately at contact@riskedge.com.au if you wish to change or cancel an order. Risk Edge can only change or cancel your order if the item has not been despatched.
    9. Damaged or faulty product: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. If you have received an item that is incorrect, damaged or faulty, please contact Risk Edge immediately at contact@riskedge.com.au to arrange for a replacement or a refund of the purchase price.
    10. Change of mind: Risk Edge may at its sole discretion accept or refuse a request for an exchange or refund for a change of mind. No postage or delivery fee will be refunded in the event of an exchange or refund for a change of mind.
  4. DIGITAL CONTENT
    1. “Digital Content” refers to any ebooks, webinars, online courses or any other content or materials in a digital or electronic format sold on our Services.
    2. Digital Content is the exclusive property of Risk Edge (and/or its licensors) and is protected by copyright and other intellectual property laws. When purchasing Digital Content, you are granted a non-exclusive, non-transferrable, revocable and limited licence to access the Digital Content, and you agree that, without limiting and notwithstanding any other provision under these Terms of Use:
      1. Digital Content is intended for personal, non-commercial use only.
      2. You will not copy, reproduce, share, modify, distribute, transmit, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit any part of any Digital Content.
      3. Risk Edge may restrict downloads of Digital Content to a limited number of devices, a limited number of times, and/or for a limited period.
      4. Risk Edge may withdraw or remove any Digital Content at any time and does not guarantee that any Digital Content will continue to be made available for access.
    3. You are entitled to a refund if the Digital Content purchased is defective or faulty, or if it has been withdrawn or removed by us before Risk Edge has fulfilled its obligations to you with respect to the supply of the said Digital Content pursuant to Clause 4.4 or 4.5, as applicable. You cannot cancel the purchase of any Digital Content and are not entitled to any refund once you have accessed, viewed or downloaded the Digital Content purchased. If you are unable to access the Digital Content purchased due to any equipment defect or failure or system limitation on your part, any refund will be at Risk Edge’s sole discretion.
    4. With respect to any downloadable Digital Content, Risk Edge’s obligations to you, the purchaser, with respect to the supply of the Digital Content are fulfilled when the Digital Content is downloaded. It is your responsibility not to lose, destroy or damage the Digital Content once downloaded. The previously downloaded Digital Content may remain available for re-download for a limited duration, however, Risk Edge does not guarantee the ongoing availability of such Digital Content for re-download.
    5. Digital Content that cannot be downloaded for offline use and can only be accessed online (such as the RiskReady™ online courses) is available for access for an unlimited number of times from the time of purchase until the earlier of:
      1. such time when you have obtained a digital certificate of attainment to the course purchased; and
      2. a period of six (6) months from the date of purchase has expired,

      at which time Risk Edge’s obligations to you, the purchaser, with respect to the supply of the said Digital Content are fulfilled.

  5. YOUR RESPONSIBILITIES
    1. “User Data” means any information (including, without limitation, name, address, phone number, email address, payment details, business or organisation name, title/position, login credentials created or used to access our Services (such as username and password)) or content (such as ratings, comments, and reviews) that you submit, transmit, post, enter or upload to the Services (or was submitted, posted, uploaded or entered by us on your behalf in the course of performing our Services to you).
    2. As between you and us, you assume all risks associated with the use of your User Data, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Data that personally identifies you or any third party.
    3. For any information that we may require you to provide in order to enable us to provide our Services to you, or for the purposes of legal, tax or other regulatory compliance, you are responsible for ensuring that the information you provide is true, accurate and complete, and that you have the legal authority to provide such information to us.
    4. You agree to notify Risk Edge immediately if you become aware of any actual or potential unauthorised access to your account on our Services or use of your login credentials to our Services.
    5. You agree not to:
      1. undermine the security or integrity of our Services, computing systems or networks;
      2. use our Services in any way that might impair the functionality of the Services or interfere with other people’s use of our Services;
      3. submit, post, enter, introduce or upload anything to our Services that contains any computer program, virus, file or code designed to interrupt, harm, destroy, disable or limit the functionality of our Services or any computer software or equipment, or which assists in or enables theft, alteration, denial of service, unauthorised access to, or disclosure, destruction or corruption of, information or data;
      4. create frames around any webpage that alters in any way the visual presentation or appearance of any part of our Services;
      5. modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer, extract or make derivative works of the content or source code of any other part of our Services;
      6. repackage, resell, or sublicense any part of our Services;
      7. commit fraud or other illegal acts through our Services or use our Services (including any output you generate from our Services) for any illegal purpose; or
      8. submit, post, enter or upload anything to our Services that contains:
        1. any form of spam, advertising or promotion for goods or services, or other form of unsolicited communication;
        2. anything that violates any laws or that may cause Risk Edge to be in violation of any laws or regulations (including, but not limited to, those governing consumer protection, misleading and deceptive conduct or false advertising);
        3. anything that infringes on the rights of others (such as intellectual property rights and privacy rights);
        4. anything that may be reasonably considered to be defamatory, hateful, unlawful, discriminatory, offensive, obscene, threatening, abusive or indecent; or
        5. anything that is deceptive, false or misleading.
    6. Without limiting the foregoing, by submitting or posting to our Services any User Data that includes a rating, review, comment or other content that can be or is intended to be accessed and viewed by the public, you further represent and warrant that:
      1. you are at least 18 years old;
      2. the User Data submitted does not infringe any third-party rights, is your original content or for which you have obtained all necessary third-party consents and licences;
      3. you have voluntarily waived all moral rights that you may have in the User Data submitted;
      4. the User Data submitted is not false or misleading or is a genuine statement of your bona fide opinion; and
      5. you have not received and will not receive any payment or other compensation for submitting or posting the said User Data, and do not have any direct or indirect financial interest in any product or service mentioned in the said User Data or any affiliation that could reasonably be expected to compromise the impartiality of the views or opinions expressed in the User Data submitted.
    7. With respect to any User Data you submit to our Services that includes a rating, review, comment or other content that can be or is intended to be accessed and viewed by the public:
      1. you consent to the publication of your name as the provider of the User Data submitted by you;
      2. you grant Risk Edge a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Data and/or incorporate such User Data into any form, medium or technology throughout the world without reference or notice to you and without compensation or obligation to you;
      3. you acknowledge that:
        1. the User Data you submit may be used (or not used) by Risk Edge at our sole discretion,
        2. Risk Edge may edit, modify, remove or refuse to post any User Data for any reason, including but not limited to circumstances where Risk Edge deems the User Data to be in violation of these Terms of Use, and
        3. Risk Edge does not guarantee that you will have any recourse through Risk Edge to edit or delete any User Data you have submitted; and
      4. by submitting your email address in connection with any rating, review, comment or other content to our Services, you agree that Risk Edge and its third-party service providers may use your email address to contact you about your User Data.
  6. SERVICE AVAILABILITY, INTERRUPTIONS AND DOWNTIME
    1. We endeavour to maintain the availability of our Services and minimise any downtime. However, sometimes we need to perform system maintenance or upgrade on our Services and a period of downtime is necessary. Risk Edge reserves the right to conduct planned or unplanned maintenance or upgrade to our Services without prior notice.
    2. Unforeseen breakdowns or system failures may occur on our Services which may result in interruptions to your use of our Services and/or in the loss of all or some of your User Data. Regardless of the cause of the downtime, system failure or data loss, we cannot be held liable for any interruptions or modifications to our Services or for any loss of your User Data.
  7. INTELLECTUAL PROPERTY
    1. Intellectual property” means all present and future rights conferred by law in relation to copyrighted works, patents, trademarks, business names, domain names, designs, inventions, knowhow, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, whether or not such right is registrable, registered or patentable.
    2. You agree that our Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unless otherwise stated and excluding content licensed to us by others, Risk Edge remains the owner of all intellectual property rights in and to our Services, including but not limited to rights in the content, design and layout of our Services.
    3. You may view the content on our Services using your web browser and electronically copy and print hard copies of parts of such content for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or as otherwise expressly permitted by Risk Edge, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of our Services is prohibited.
    4. Nothing contained in these Terms of Use or on our Services shall be construed as granting or conferring any licence or right, by implication, estoppel or otherwise, to use any trademark displayed on our Services. You must not remove any proprietary notice when downloading or using content from our Services. Risk Edge®, The Water Risk Doctor®, water@risk® and RiskReady™ are trademarks of Risk Edge Pty Ltd.
    5. Any hyperlink to any part of our Services must not:
      1. falsely imply sponsorship, endorsement or approval by Risk Edge (or any of its directors, officers, employees or agents) of, or affiliation with, the linking party or any of its products or services;
      2. be in any way deceptive or misleading; or
      3. use Risk Edge’s logo, artwork or other trademark without our express written permission.

      Without limiting the foregoing, Risk Edge reserves the right to request that you remove any hyperlink to any part of our Services.

  8. DATA SECURITY AND PRIVACY
    1. Risk Edge respects your privacy and has taken reasonable steps (including physical, electronic and managerial measures) to protect any User Data you provide to us against misuse, interference, loss and unauthorised access, modification and disclosure. However, no security measure is completely secure and we cannot guarantee the security of your User Data or any information that you transmit to us or receive from us. Where there has been unauthorised access to your User Data on our Services, we will notify you as promptly as is reasonably practicable. You must also take reasonable steps to protect your User Data on our Services and to keep your login details secure. You must notify us as promptly as you can if you have discovered or suspect that there has been any unauthorised access to your User Data or your account on our Services.
    2. Use of your User Data: When you enter, transmit, submit or upload your User Data into our Services or provide or communicate your User Data to us in connection with our Services, you grant us the right to:
      1. use, copy, transmit, store, process, analyse, and back up your User Data to enable you to use our Services
      2. use, copy, transmit, store, process, analyse, and back up your User Data to enable us to provide, improve and protect our Services or add new Services;
      3. communicate with you about your use of our Services;
      4. send (such as via email, SMS, telephone or post) to you educational materials and marketing information about products, services and opportunities that we think may be of interest to you based on your subscription, purchase or marketing preferences or browsing activities on our Services;
      5. disclose your User Data as required by law enforcement authorities (such as court orders, subpoenas or warrants) or to comply with legal or regulatory requirements;
      6. disclose your User Data to a bona fide potential purchaser of or investor in Risk Edge’s business for the purposes of facilitating such transaction, provided that such third-party purchaser or investor undertakes to keep any User Data received confidential; and
      7. disclose your User Data to our employees, agents, third-party service providers and partners to enable or support the functions or purposes set out in this Clause 8.2.
    3. Third-party service providers: We may use third-party service providers to host or support our Services, including, without limitation, cloud-based PaaS and data hosting services such as Amazon Web Services (AWS), payment processors such as Stripe/Link, and independent agencies engaged to assist in the production of content for our Services or provide customer support to our Users (including service providers located outside Australia). You acknowledge that any information inputted into our Services (including your User Data and any personal information) may be transferred to such third-party service providers. We cannot be held liable for any loss of any kind (including loss of your User Data) arising from an act or omission by any third-party service provider, which may include but is not limited to scheduled or unscheduled downtime to our Services, failure (or absence) of measures to secure the information against accidental or unlawful loss, access or disclosure, suspension of access to our Services, or erasure or modification of the uploaded information.
    4. Browsing data: When you come to our websites (www.riskedge.com.au and www.riskready.net.au) or access our Services through other channels, we may collect certain information such as browser type, operating system, and website visited immediately before coming to our websites. This information is used in an aggregated anonymised manner to analyse how Users use our Services, develop new Services, identify business trends, and for other legitimate purposes.
    5. Cookies: We may from time to time use cookies on our websites. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Some web browsers automatically accept cookies, but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our Services. Our Services may from time to time use cookies to analyses website traffic and help us provide a better user experience. In addition, cookies may be used to serve relevant ads to Users through third-party services such as Google Adwords. These ads may appear on our websites or other websites you visit.
    6. Third-party content: Third-party content may appear on our Services or may be accessible via hyperlinks from our Services. Risk Edge is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations, or any other form of content contained in any third-party content appearing on or linked from our Services. You agree that the information and opinions in any third-party content is not endorsed by and does not reflect the beliefs or opinions of Risk Edge or its directors, officers, employees or agents.
  9. DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY
    1. Not advice: Our Services (including all content and materials provided on our websites: www.riskedge.com.au and www.riskready.net.au) are not intended to – and do not – constitute legal, regulatory, business, financial, investment, tax, or other professional advice. The content on our Services is solely for general information purposes and is provided on a non-reliance basis only. You expressly agree that your use of our Services and materials linked from our Services is at your own risk. No liability is accepted by us or any of our directors, officers, employees, agents and third-party service providers for any loss or damage incurred as a result of any reliance on the information provided on our websites or as part of our Services.
    2. No warranties: Our Services are provided on an “as is, as available” basis. Risk Edge expressly disclaims all warranties, express or implied, including any implied warranties of non-infringement, merchantability, or fitness for any particular purpose. Neither Risk Edge nor any of its directors, officers, employees, agents, contractors or affiliates represent or warrant that the information made available through our Services will be correct, accurate, timely or otherwise reliable, or that our Services will be error-free, free of viruses or other harmful code or component, or that defects will be corrected, or that our Services will always be accessible and available on an uninterrupted and secure basis, or that they will meet your requirements or expectations. Risk Edge disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or in any way related to:
      1. any errors in or omissions from any part of our Services, including but not limited to technical inaccuracies and typographical errors;
      2. any third-party websites or content directly or indirectly accessed through links on our Services, including but not limited to any errors therein or omissions therefrom;
      3. the unavailability of or interruption to our Services or any part thereof;
      4. your use of our Services; or
      5. your use of any equipment, hardware or software in connection with using our Services.
    3. Limitations of liability: To the extent of liability that we cannot exclude or limit by law and notwithstanding any other provision herein, our liability to you in connection with our Services or these Terms of Use, in contract, tort (including negligence) or otherwise, is limited as follows:
      1. We have no liability for any direct, indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense (including lawyers’ fees) arising from or in connection with your use of our Services, including but not limited to any loss of business, loss of capital or investment, loss of revenue or profit, loss of goodwill, loss of customers, loss of anticipated savings, legal, regulatory, tax or accounting compliance issues, damage to reputation, or loss in connection with any other contract.
      2. For loss or corruption of your User Data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
      3. Our total aggregate liability to you for all damages, losses and causes of action and in any circumstances is limited to the amount paid by you, if any, for accessing our Services. The existence of more than one claim will not enlarge this overall limit.
    4. Indemnity: You agree to indemnify Risk Edge (and its directors, officers, employees, agents and contractors) against any and all claims, liabilities, demands, damages, losses, costs and expenses (including legal fees and expenses) directly or indirectly resulting from or in connection with your use of our Services or your breach of these Terms of Use.
    5. Third-party rights: Clauses 9.1 to 9.4 are for the benefit of Risk Edge and its directors, officers, employees, agents, licensors, suppliers, contractors, and third-party service providers to our Services. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
  10. OTHER PROVISIONS
    1. Severability: If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.
    2. Governing law: These Terms of Use are governed by the laws of the State of New South Wales, Australia.
    3. Competent jurisdiction: We endeavour to provide a great user experience to all Users of our Services and seek to resolve any User complaint or dispute with a User promptly and to the User’s satisfaction. However, if we are unable to resolve your complaint or a dispute we have with you after making attempts to do so, you and we each agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia and of any court that may hear appeals from any of those courts.