Terms and Conditions

Last Updated: 5 June 2019

1. Ecosolve Australia Pty Ltd (ACN 145 464 204) (“Ecosolve”, “us”, “our” or “we”) is the operator of the business described on the websites at https://www.riskassess.com.au and https://www.student.riskassess.com.au (the “Website”). The services provided via the Website comprise the RiskAssess, Student RiskAssess, Primary RiskAssess and SuperUser RiskAssess services (all forms of such services being together the “RiskAssess Service”), as such services are modified from time to time.

2. These terms and conditions (“Terms”) contain important information about the RiskAssess Service, including about legal limitations and exclusions that apply to the use of the RiskAssess Service, and apply to:

(a) the educational establishment which subscribes to the RiskAssess Service (the “School”) and to each user authorised by such School; and

(b) the educational groups and education departments which subscribe to the RiskAssess Service (the “Education Group(s)”) and to each user authorised by such Education Group(s).

In these Terms, references to the “Principal User” mean the applicable School or Education Group which employs You.

3. Each staff member within the applicable Principal User who uses the RiskAssess Service (each a “User”) must accept and comply with these Terms in relation to the use of the RiskAssess Service. The applicable Principal User and each User (separately or together, “You” or “Your”) each agree that these Terms exclusively govern the use of the RiskAssess Service by each User. Use of the RiskAssess Service by You constitutes acceptance of these Terms by the applicable Principal User and You in relation to the use of the RiskAssess Service.

4. The RiskAssess Service comprises several services and You may subscribe to one or more of such services according to Your requirements. When You subscribe to a RiskAssess Service, You acknowledge and agree that You are doing so on behalf of the applicable Principal User which employs You and warrant that You have the requisite authority to bind the applicable Principal User to these Terms. Your ongoing use of the RiskAssess Service constitutes Your acknowledgement and agreement that You are doing so on behalf of the applicable Principal User which employs You and You continue to have the requisite authority to bind the applicable Principal User to these Terms. References in these Terms to the Risk Assess Service shall refer to the applicable service(s) as subscribed for by You.

5. If You have subscribed to Student RiskAssess, the School will provide access to Student RiskAssess to its students in accordance with the arrangements described on the Website (or as notified by us) from time to time. You acknowledge and agree that the use of Student RiskAssess by students is governed by these Terms. References in these Terms to a User include students of the applicable School using Student RiskAssess. You are responsible for obtaining, and You confirm that You have obtained, any parental consent that may be required for the use of Student RiskAssess by students, and for the acceptance of these Terms on behalf of such students.

6. The RiskAssess Service provides:

(a) teachers, laboratory technicians and other staff in Schools, and students in respect of Student RiskAssess, a means to carry out:

(i) risk assessments of experiments and related activities that are to be conducted in accordance with the applicable School curriculum and for educational purposes under the applicable School curriculum;

(ii) labelling, scheduling and other activities related to the operation of a school science laboratory; and

(iii) training and learning, via learning resources, and providing answers to questions and access to eBooks via the Website; and

(b) Education Groups and their staff the ability to monitor risk assessments across applicable Schools.

Each User undertakes that the RiskAssess Service will only be used in the manner, and for the purposes, described in paragraph 6 above.

7. A subscription to the RiskAssess Service grants access to the RiskAssess Service:

(a) in respect of RiskAssess, Student RiskAssess and Primary RiskAssess (i.e. excluding SuperUser RiskAssess): to all relevant Users who work within the School operating from one school campus at a single physical address (and, for example, a school with two campuses, each at a different physical address, will require two subscriptions to the RiskAssess Service); or

(b) in respect of the SuperUser RiskAssess service: to all relevant Users who are employed by the applicable Education Group.

8. The term of a subscription is one calendar year, commencing on the date the payment is deemed to be received by us or, if earlier, the date upon which access to the RiskAssess Service is provided by us. A subscription permits Users to perform an unlimited number of risk assessments during the subscription period, subject as may be provided in these Terms.

9. Users must keep their log-in credentials to the RiskAssess Service secure and must not share them with any other person who is not a User covered by the subscription for the applicable school campus or Education Group office. We are not responsible for any loss or damage suffered by You, the applicable Principal User or a User as a result of the unauthorised use of log-in credentials to the RiskAssess Service, including the unauthorised use of any School Data (as defined in paragraph 14 below).

10. We have used our reasonable endeavours to ensure that risk assessments conducted in accordance with the RiskAssess Service will conform with the International Organization for Standardization ISO Standard on Risk Management 31000:2018 (“ISO”) and with the Globally Harmonized System of Classification and Labelling of Chemicals (“GHS”) (to the extent explicitly adopted in Your country), but we have not assessed whether ISO and GHS are applicable in every country in which the RiskAssess Service may be used (and we take no responsibility to the extent that ISO and/or GHS have not been adopted in Your country and/or to the extent there is any inconsistency between the Risk Assess Service and applicable standards in Your country). However, the RiskAssess Service may not cover all experiments or activities conducted by a User and there are other factors which may determine the safety and risks associated with conducting experiments or activities (including those identified in paragraph 22 below). Also, You acknowledge that we are not providing any form of legal advice to You, and the Principal User should consider obtaining specific legal advice regarding Your obligations, including under relevant work health and safety laws. You also acknowledge and agree that use of the RiskAssess Service does not necessarily satisfy all of Your or the applicable Principal User’s legal obligations in relation to the conducting and monitoring of relevant experiments or activities.

11. Guidance and recommendations that we provide via the RiskAssess Service are provided to You in good faith and based on our current knowledge. You should consider using other sources to verify any information and recommendations obtained pursuant to the RiskAssess Service.

12. You acknowledge and accept that we own all intellectual property rights (including copyright) in and to the content of the Website and in any and all materials available via the RiskAssess Service (together, the “Content”), and that You acquire no rights or interests in or to the RiskAssess Service or the Content other than as expressly granted to You in these Terms. We hereby grant You a limited, non-transferable and non-exclusive licence to use the Content within the scope of Your subscription to the RiskAssess Service, in a manner permitted herein and for the subscription period only.

13. In accordance with paragraph 12 above, You undertake not to copy, modify, publish, communicate to the public, sell, license, transfer, dispose of, distribute, adapt or otherwise use (including the creation of derivative works) the Content other than in the normal course of using the RiskAssess Service in accordance with these Terms.

14. You retain the intellectual property rights (including copyright) in the materials, data and information that You upload to the RiskAssess Service (together the “School Data”). You hereby grant Ecosolve (for the benefit of Ecosolve itself and any of its affiliates) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, distribute, transmit and modify the School Data and adaptations thereof, in connection with the development, operation, maintenance, enhancement and promotion of the RiskAssess Service, and to provide You with technical assistance in respect of the RiskAssess Service. We may publicly display and communicate to the public aggregated data or data that has been de-identified and makes no reference to the applicable School or User. You must maintain back-up copies of all School Data and we are not responsible for any loss, corruption or destruction of the School Data, nor are we responsible for the reinstatement or recovery of School Data or for delivering any School Data back to You.

15. You grant Ecosolve permission, for the purposes of administering, managing and promoting the RiskAssess Service, to disclose to third parties such as partners and suppliers, the fact that the applicable Principal User (by whom you are employed or affiliated) is a user of the Risk Assess Service. For example, we may disclose to a publisher, who is a partner or otherwise affiliated with us, a list of Schools and Education Groups that subscribe to the Risk Assess Service so that the publisher can provide content to the Users via the RiskAssess Service. This list may include the name of Your School or Education Group.

16. You are solely responsible for School Data, for uploading School Data to the RiskAssess Service, and the consequences of posting or publishing School Data. You represent and warrant that, with regard to School Data:

(a) You (or the applicable Principal User) own or have the necessary licenses, rights, consents and permissions to use all School Data and to authorize the use of all copyright, trademarks, trade names, service marks, logos and intellectual property and other proprietary rights comprised in any and all School Data; and,

(b) You (or the applicable Principal User) have the written consent, release or permission of each and every identifiable individual person in the School Data to use any of their personal information in the School Data.

17. Except to the extent provided by law, in using the RiskAssess Service, You agree that we are not responsible or in any way liable for the continuity of or interruptions to the RiskAssess Service, the currency, accuracy or completeness of information provided via the RiskAssess Service, or for any errors, faults, omissions or inaccuracies in the information, guidance, recommendations or advice that it provides, whether arising from contract, negligence or otherwise, or for the consequences (direct or indirect) arising therefrom.

18. The RiskAssess Service is offered "as is" and "as available". You acknowledge and accept that the RiskAssess Service may be suspended without notice or liability to You due to a variety of reasons, including a system or network failure, maintenance or repair or any other reason within or beyond our control.

19. You acknowledge and agree that each User uses the RiskAssess Service completely at the User’s own risk. We accept no liability for any interference to the computer system, software or data of a User or Principal User occurring in connection with or relating to its use. You should ensure that You have appropriate anti-virus software protection at all times whilst using the RiskAssess Service and You are encouraged to take appropriate and adequate precautions to protect the computer system, software or data of the applicable Principal User.

20. Despite paragraph 19 above, we take reasonable steps to protect personal information and School Data from misuse, loss, unauthorised access, unauthorised modification and unauthorised disclosure. In the event that we become aware of any misuse, loss, unauthorised access, unauthorised modification and unauthorised disclosure of any personal information or School Data (an “Incident”), we will notify the applicable Principal User of the Incident as soon as reasonably practicable after becoming aware of the Incident, including by providing the following to the applicable Principal User:

(a) the date, time and location of the Incident;

(b) a description of the type or types of information or School Data involved in the Incident;

(c) any remedial action that we have taken in respect of the Incident; and

(d) any other information within our control that may be reasonably required or requested by the applicable Principal User to assist that School to understand the Incident.

We will provide reasonable cooperation and assistance to the applicable Principal User in relation to the Incident, but without being required to take any legal action in respect of the Incident. The applicable Principal User agrees that it will assume all obligations in relation to notifying Users, where relevant, of the Incident.

21. In relation to the Website and RiskAssess Service, You must not, directly or indirectly:

(a) use the RiskAssess Service for any purpose other than in accordance with these Terms;

(b) reverse-engineer, decompile, translate or disassemble the RiskAssess Service;

(c) bypass, or attempt to bypass, any security features of the RiskAssess Service, or introduce, upload or transmit any virus, malware, spyware, or any other computer software having the effect of disrupting or enabling unauthorised access to the RiskAssess Service;

(d) copy, reproduce, distribute, publish, communicate to the public or otherwise use the RiskAssess Service in any manner or for any purpose not expressly authorised by these Terms;

(e) provide any third party with access to the RiskAssess Service other than as expressly permitted under these Terms; or

(f) modify any documentation or manuals provided or made available in relation to the RiskAssess Service.

22. You further acknowledge the RiskAssess Service provides You with a means of conducting risk assessments and that Ecosolve does not (nor does the RiskAssess Service) conduct risk assessments for You or on Your behalf. You acknowledge and accept that, in using the RiskAssess Service, you must assess and take into account all matters that are relevant and/or which should be considered in order to conduct a risk assessment, including, for example:

(a) the facilities available for the experiment or activity;

(b) the behaviour of the class of students;

(c) the skill level of the students in the class;

(d) the skill level of the school staff;

(e) students or staff with allergies, or other medical conditions;

(f) students with special needs;

(g) environmental conditions where the experiment or activity is conducted; or

(h) any other factors that are relevant to the experiment or activity.

23. You further acknowledge that risk assessments conducted by You using the RiskAssess Service do not purport to present an assessment of all risks that may be involved or arise in respect of an experiment or activity.

24. To the maximum extent permitted by law:

(a) we will not be liable to You or for any other person impacted by an experiment or other activity for any loss or damage, however it arises, whether in contract, tort (including negligence) or otherwise arising under or in connection with Your use of the RiskAssess Service; and

(b) we will not be liable to You for any indirect or consequential loss or damage suffered by You, including but not limited to loss of business opportunities, goodwill, revenue, profits, anticipated savings, data and reputation.

To the extent that the above exclusions of liability or any other exclusion and/or limitation of liability contained in these Terms are unenforceable, invalid or ineffective for any reason, such exclusions will be severed from these Terms and, to the extent permitted by law, our maximum aggregate liability to You (including the applicable Principal User) or any User for any and all losses, damages and other amounts suffered under any cause of action (whether referred to in the above exclusion of liability or otherwise) in connection with the RiskAssess Service is limited to AUD$50 (fifty Australian dollars).

25. Nothing in these Terms exclude, restrict or modify any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified, which may include Australian Consumer Law (Cth). If any condition, warranty or statutory guarantee is implied into these Terms by operation of law and cannot be excluded but we are able to limit our liability for a breach of such condition, warranty or statutory guarantee, then our liability for breach of that condition, warranty or statutory guarantee is limited, to the extent permitted by law, at our discretion, to the supply of the relevant services again or the payment of the cost of having the services supplied again or in any other way as permitted by law.

26. To the maximum extent permitted by law, You hereby indemnify us and undertake to keep us indemnified in full from and against any and all loss or damage (including legal costs on a solicitor and own client basis) suffered by us arising out of, in connection with or relating to Your use of the RiskAssess Service in breach of these Terms, including without limitation in respect of any loss or damage claimed against us (or any entity or person related to us) by any third party. The kinds of loss and damage that You must indemnify us from and against include losses suffered or incurred in defending or settling any dispute, legal action or other claim or demand (such as the payment of any fees, charges, taxes, levies, penalties or legal expenses) and extends to any claims and legal actions relating to Your use of the RiskAssess Service.

27. We do not guarantee to store information that is created when You conduct risk assessments using the RiskAssess Service and You must save a copy of Your risk assessments, and any other School Data, by downloading them to Your system.

28. The Website may contain links to other internet sites. We have no control over the content of any links to sites or any changes to the content of those sites. It is Your responsibility to make Your own enquiries as to the accuracy, currency, reliability and correctness of information contained in any such linked sites.

29. Any link to any external internet site does not constitute an endorsement or a recommendation by us of the material on those sites or of any third-party product or service offered by or from such sites. By using the Website, you expressly discharge RiskAssess from any and all liability arising from Your use of any third-party website.

30. We will not share personal information of any User with other individuals or companies except in circumstances where You have actively consented for us to do so. We may use deidentified information from Your use of the RiskAssess Service and aggregate this information in order to provide You with a better experience of the RiskAssess Service, to improve the quality and value of the RiskAssess Service and/or to analyse and understand how the RiskAssess Service is used. We may also publish and present de-identified information on the Website as well as at industry conferences and in seminars (but without making a reference to the applicable User or Principal User).

31. If You have a complaint or a dispute in relation to the RiskAssess Service (including these Terms) (a “Dispute”), You agree to notify us in writing of the circumstances relating to the Dispute (by contacting us at ). You must allow us a reasonable opportunity to address a Dispute and respond to You in that regard prior to undertaking any further actions in relation to the Dispute.

32. We may from time to time update these Terms, and any such updates will apply to any use of the RiskAssess Service by You after the update is notified to You. We may notify You by posting a notification of the update on the Website and/or by emailing a link to the updated Terms to a contact at the applicable Principal User. It is the applicable Principal User’s responsibility to ensure that all Users at the applicable School or Education Group are aware of the updated Terms.

33. Your use of the Website and RiskAssess Service is governed by the laws of New South Wales Australia and You submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.