Terms & Conditions
Please read through these terms & conditions ("the Terms") carefully.
By accessing any Risk Central Pty Ltd (Risk Central) web sites ("the Sites") or by otherwise accessing any Content, software, products or services available through the Sites ("the Content"), you are deemed to have entered into an agreement with Risk Central Pty Ltd and to have agreed to be bound by the Terms set out below. The Sites are owned and operated by Risk Central Pty Ltd.
1. Intellectual Property Protection
The term "Intellectual Property Rights" means, copyrights, database rights, trade marks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.
All Intellectual Property Rights in the content and design of the Sites and any material emailed to you or otherwise supplied to you in conjunction with our online products are the property of Risk Central Pty Ltd. You may not use or reproduce any Risk Central Intellectual Property, including any trademarks, registered or unregistered, for any reason without written permission from Risk Central.
The software, which operates the Sites, is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
2. Use of Media Content
You may retrieve and display Risk Central Content on a computer screen or mobile telephone. If you do download material from the Sites all copyright and other notices must be kept intact.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content of the Sites. In particular, you may not do any of the following without prior written permission. No parts of any Risk Central publication or Sites may be reproduced, stored in or introduced into any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the copyright owners. You may not reverse engineer, modify, decompile, disassemble or translate the Content (whether for the purpose of error correction or otherwise). Written materials provided in printed or electronic form may not be modified, adapted, translated, or used to create derivative works without the prior written consent of Risk Central Pty Ltd.
Any use of Risk Central content not specifically permitted above and on the Sites is expressly prohibited.
3. Licence Fee, Payment, Transactions and Refund Policy
Access to certain Risk Central content may be subject to a fee or subscription. All payments (including applicable taxes) must be made in advance in a currency specified by Risk Central. You are responsible for the payment of all charges associated with the use of the Sites using your Username, Password or ID.
Risk Central does not charge a fee to view or complete any training material. Fees are charged to verify, certify training or manage the training of groups.
There may be opportunities to use the Sites to purchase products or services from third party suppliers. In that event, your contract for such products will be with the third party provider and not with Risk Central.
No refunds unless the service is faulty or does not do what we said it would. No refunds for uncompleted training tickets but we will exchange or transfer uncompleted training tickets at the request of our clients. Any product/service specific offers, conditions or terms are stated at the point of purchase for that product/service.
4. Terms and Termination
Risk Central may, at its discretion, terminate or suspend individual or group access to all or part of the Sites (including any right to access and use Risk Central Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Risk Central provided in these Terms or by law.
5. Changes to the Sites
Risk Central reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Risk Central content available on the Sites at any time and to restrict the use and accessibility of the Sites.
6. Registration, Passwords and Responsibilities
Some parts of the Sites require registration. You are solely responsible for the confidentiality and use of and access to the Risk Central content and Sites using your username, password or ID. You agree to immediately notify Risk Central if you become aware of any loss or theft of any username, password or ID or any unauthorised use of a username, password, ID, or any other login details. Risk Central reserves the right to monitor and record activity on the Sites, including access to Risk Central content.
7. Privacy Policy
Risk Central is committed to keeping secure, the personal information customers provide to us. We take all reasonable precautions to protect the personal information we hold about you from misuse and loss and from unauthorised access, modification or disclosure.
We will not reveal customer information to any external organization unless we have previously informed the customer in disclosures or agreements, have been authorized by the customer, or are required by law.
- Risk Central will use information provided for the purposes outlined below.
- Risk Central will forward on relevant training reports to nominated third parties only if the customer has advised and given us permission to do so.
- Risk Central will make relevant training reports public on this website only if the client has advised us to do so.
- For statistical purposes, Risk Central will summarise your training information to prepare reports on web site use. This information on its own does not identify any individual clients but it does provide us with statistics that we can use to analyse and improve our web sites.
- Risk Central may use client information to advise our products, services and other opportunities.
8. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Sites, Risk Central makes no warranty, express or implied concerning the content of the Sites, which is provided "as is". Risk Central expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of satisfactory quality. In no event will Risk Central, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the content, even if Risk Central has been advised of the possibility that such damages may arise. Risk Central does not guarantee the accuracy or timeliness of the content appearing on the Sites, or that the Sites or related systems are free from viruses or other contaminating or destructive properties. In the event that Risk Central incurs any liability whatsoever, the aggregate liability shall not exceed the amount that you originally paid for the service. Except in respect of fraudulent misrepresentation, this Agreement together with any order and payment method instructions set forth the entire agreement and understanding of the parties relating to the subject matter herein. Any prior written or verbal agreements are superseded by this Agreement.
9. Force Majeure
Risk Central, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Risk Central content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
10. Links To Third Party Web Sites
The Sites may contain links and pointers to Internet Sites maintained by third parties. Risk Central does not operate or control in any respect any information, products or services on such third party Sites. Links are provided solely for your convenience, and do not constitute any endorsement by Risk Central and/or its suppliers. You assume sole responsibility for use of third party links and pointers.
11. Miscellaneous
Changes to these Terms
Risk Central may, at its discretion, change these Terms (including those relating to your use of the Sites and/or the Risk Central Content).
Rights of reply
If at any time you, or your organisation, have a complaint or comment to make about the content featured within the Sites they should contact Risk Central.
Advertising and Third Party Content
Parts of the Sites may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. Risk Central is not responsible for any third party Content or error, omission or inaccuracy in any advertising material.
Invalid Provision
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, Risk Central shall amend the invalid provision in such reasonable manner as achieves the intention of the parties without illegality, or at Risk Central's discretion such provision may be severed from this agreement and the remaining provisions shall nevertheless remain in full force and effect. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Australia.
12. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, Australian and Queensland law. The parties irrevocably agree that the courts of Australia and Queensland shall have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Australian and Queensland courts.
