Terms of Service

1. About the Website

  1. Welcome to www.incidentanalytics.com.au (Website). The Website and those of Authorised Resellers allows you to access and use the Incident Analytics' website, e-learning and SaaS products (Services).
  1. The Website is operated by Incident Analytics Pty Ltd, ACN/ABN 650 981 365 . Access to and use of the Website, or any of its associated products or Services, is provided by Incident Analytics Pty Ltd. Please read these terms and conditions (Terms of Service) carefully. By using, browsing and/or reading the Website, 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 usage of the Website, or any of Services, immediately.
  1. Incident Analytics Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Incident Analytics Pty Ltd updates the Terms, any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. Where the option is available in a user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

3. About the Service

(a)       Incident Analytics' website, e-learning and SaaS products are a suite of services including website and its resources, e-learning and its online resources and SaaS-based applications.

(b)       Direct access or indirect access via authorised reseller accounts are currently offered.You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.

(c)       Some accounts may be governed by aseparate Software Licensing Agreementwith Incident Analytics Pty Ltd, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

4. Acceptable use of the Service

(a)       Incident Analytics' e-learning and SaaS products, its related features,and website must only be used lawfully. Incident Analytics Pty Ltd reserves the right to suspend, cancel,or otherwise deny access to users and accounts who use the service:

(i)          To engage in any act that woulddisrupt the access, availability, and security of Incident Analytics' e-learning and SaaS products and other IncidentAnalytics Pty Ltd services,including but not limited to:

(A)       Tampering with, reverse-engineering, or hacking our servers.

(B)        Modifying, disabling, or compromising the performance IncidentAnalytics' e- learning andSaaS products or other Incident Analytics Pty Ltd services.

(C)        Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systemsthat consume extraordinary resources.

(D)        Compromising the integrity of oursystem, including probing, scanning and testing the vulnerability of our system unless expresslypermitted by Incident Analytics Pty Ltd.

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(b)       For any illegal purpose,or to violate any laws,including and without limitation to data, privacy, and export control laws.

(c)       To stalk, harass or threatenusers and any member of the public.

(d)       To misrepresent or defraudany user or member of the public through phishing, spoofing, manipulating headers or otheridentifiers, impersonating anyone else, or falsely implying any sponsorship orassociation with Incident AnalyticsPty Ltd or any third party

(e)       To access or search any part of theService, or any other Service owned by Incident Analytics Pty Ltd other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.

(f)        Topost, upload, share,or otherwise circulate content in violation of Incident Analytics' e- learning and SaaS products’s content policy

(g)       You are solely responsible for: (i) the content, materialsand data that you create,upload to and process on the SaaS Services; and (ii) the content, materials and data that you create throughyour use of the SaaS Services (together Client Content).

5. Security and Data Privacy

 Incident Analytics PtyLtd takes your privacy seriously and information provided through your use ofthe Website and/or Services are subject to Incident Analytics Pty Ltd’s Privacy Policy, which is available on theWebsite. The Privacy Policy also addresses Incident Analytics Pty Ltd’s processes,policies, and obligations in respect of Incident Analytics' e-learning and SaaS productssecurity breaches.

You acknowledge and agree that Incident Analytics Pty Ltd may use anonymized and aggregated data derived from your use of the Services for research, analytics, and service improvement purposes. Such research activities will be conducted in accordancewith applicable privacy laws and our PrivacyPolicy, with all data being de-identified prior to analysis. You maintain the right to opt-out of research data collection by contacting us through the methods specified in our Privacy Policy.

6. Data Use

 Incident Analytics Pty Ltdcollects, stores, and processes your data on Incident Analytics' e- learning and SaaS products. The data is used toprovide Services to you, as well as to facilitate Incident Analytics Pty Ltd’s business operations.The Privacy Policy outlined how your data is collected, stored, and processed by Incident Analytics Pty Ltd. The Privacy Policyalso addresses Incident Analytics Pty Ltd's processes, policies,and obligations in respect of data encryption and removal requests.

7. Subscription to use the Service

(a)       Inorder to accessthe Services, you must firstpurchase a subscription through the Website (Subscription) and pay the applicable fee for the selectedSubscription (Subscription Fee).After purchasing a Subscription, you will be considered a member (‘Member’).

(b)       Inpurchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase issuitable for your use.

(c)       Before, during or afteryou have purchased the Subscription, you will then be requiredto register for an account through the Website before you can access theServices (Account).

(d)       As part of the registrationprocess, or as part of your continued use of the Services, you may be requiredto provide personal information about yourself (such as identification orcontact details), including but not limitedto contact detailsincluding name , email address and payment details.

(e)       You warrant that any information you give to Incident Analytics Pty Ltd in the course ofcompleting the registration process will always be accurate, correct and up todate.

(f)        Once you have completed theregistration process, you will be a registered user of the Website and agree to be bound by the Terms ("User"). As a Member you will be granted immediate access to the Servicesfrom the time you have completed the registration process until thesubscription period expires (Subscription Period).

(g)       You may not use the Services and may not accept the Terms if:

(i)          you are not of legal age to form a binding contractwith Incident Analytics Pty Ltd; or

(ii)         you are a personbarred from receiving the Services underthe laws of Australia or other countries including the countryin which you are resident or from which you use the Services

8. Payments

(a)       Subject to the terms of anyapplicable Software License Agreement,the Subscription Fee may be paid by all payment methodsavailable on the Website, and may changefrom time to time.

(b)       Payments made in the course of youruse of Incident Analytics'e-learning and SaaS products may be made using third-party applications andservices not owned, operated, or otherwise controlled by Incident Analytics Pty Ltd. You acknowledge andagree that Incident Analytics Pty Ltdwill not be liable for any losses or damage arising from the operations ofthird-party payment applications and services. You further acknowledge andwarrant that you have read,understood and agreeto be bound by the terms and conditionsof the applicable third-party payment applications and services you choose touse as a payment method for Incident Analytics' e-learning and SaaS productsservices.

(c)       You acknowledge and agree thatwhere a request for the payment of the Subscription Fee is returned or denied,for whatever reason, by your financial institution or is unpaid by you for any other reason,then you are liable for any costs,including banking fees and charges, associated with the SubscriptionFee.

(d)       You agree and acknowledge that Incident Analytics Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.

9. Refund Policy

(a)       Incident Analytics Pty Ltd offers refunds in accordance with the Australian Consumer Law and on the terms set out in these termsand conditions. Any benefits set out in these terms and conditions may apply inaddition to consumer's rights under the AustralianConsumer Law.

(b)       Incident Analytics Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue toprovide the Services or if the manager of Incident Analytics Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

10. General Disclaimer

(a)       Nothing in the Terms limits or excludes any guarantees, warranties, representations orconditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which bylaw may not be limited or excluded.

(b)       Subject to this clause, and to the extent permittedby law:

(i)          all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms areexcluded; and

(ii)         Incident Analytics Pty Ltd will not be liablefor any special,indirect or consequential loss or damage (unless suchloss or damage is reasonably foreseeable resulting from our failure to meet anapplicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arisingout of or in connection with the Services or these Terms (including as aresult of not being able to use the Services or the late supply of the Services), whetherat common law, under contract,tort (including negligence),in equity, pursuant to statute or otherwise.

(c)       Use of the Websiteand the Servicesis at your own risk.Everything on the Website and theServices is provided to you "as is" and "as available"without warranty or condition of any kind. None of the affiliates, directors,officers, employees, agents, contributors and licensors of Incident Analytics Pty Ltd make any express orimplied representation or warranty about the Services or any products orServices (including the products or Servicesof Incident Analytics Pty Ltd)referred to on the Website. This includes (but is not restricted to) loss ordamage you might suffer as a result of any of the following:

(i)          failure of performance, error,omission, interruption, deletion, defect, failure to correct defects, delay inoperation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawfulthird party conduct,or theft, destruction, alteration or unauthorised access to records;

(ii)         the accuracy, suitability or currency of any information on the Website,the Services, or any of its Services related products (including third party material and advertisements onthe Website);

(iii)        costs incurred as a result of you using the Website, the Services or any of theproducts of Incident Analytics Pty Ltd; and

(iv)        the Services or operation in respect to links whichare provided for yourconvenience.

11. Limitation of Liability

(a)       Incident Analytics Pty Ltd'stotal liability arisingout of or in connection with the Servicesor these Terms, however arising, including under contract, tort(including negligence), in equity, under statute or otherwise, will not exceedthe resupply of the Services to you.

(b)       You expressly understand and agree that Incident Analytics Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct,indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any otherintangible loss.

12. Termination of Contract

(a)       The Terms will continueto apply until terminated by either you or by Incident Analytics Pty Ltd as set out below.

(b)       If you want to terminatethe Terms, you may do so by:

(i)          not renewing the Subscription prior to the end ofthe Subscription Period;

(ii)         providing Incident Analytics Pty Ltd with 7 days’notice of your intention to terminate;and

(iii)        closing your accounts for all of the serviceswhich you use, where IncidentAnalytics Pty Ltd has made this option available to you.

(c)       Any notices pursuant to Clause 13.2 above shouldbe sent, in writing, to Incident Analytics Pty Ltd via the 'Contact Us'link on our homepage.

(d)       Incident Analytics Pty Ltd may at any time, terminatethe Terms with you if:

(i)          you do not renew the Subscription at the end of theSubscription Period;

(ii)         you have breachedany provision of the Terms or intend to breach any provision;

(iii)        Incident AnalyticsPty Ltd is required to do so by law;

(iv)        the provision of the Services to you by Incident AnalyticsPty Ltd is, in the opinion of Incident Analytics Pty Ltd, no longercommercially viable.

(e)       Subject to local applicable laws, Incident Analytics Pty Ltd reservesthe right to discontinueor cancel your Subscription or Accountat any time and may suspend or deny, in its sole discretion, your access to allor any portion of the Website or the Services without notice if you breach anyprovision of the Terms or any applicable law or if your conduct impactsIncident Analytics Pty Ltd's name or reputation or violates the rights of those of another party.

13. Indemnity

 You agree to indemnify IncidentAnalytics Pty Ltd, its affiliates, employees, agents, contributors, third party contentproviders 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, sufferedor arising out of or in connection with your content;

(b)       any direct or indirectconsequences of you accessing, usingor transacting on the Website or attempts to do so; and/or

(c)       any breach of theTerms.

14. Dispute Resolution

Compulsory:

If a disputearises out of or relatesto the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute,unless the followingclauses have been compliedwith (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other partydetailing the nature of the dispute, the desired outcome and the actionrequired to settle the Dispute.

Resolution:

On receipt of that notice(Notice) by that otherparty, the partiesto the Terms (Parties) must:

(a)         Within 28 days of the Noticeendeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b)         If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties musteither agree upon selection of a mediator or request that an appropriatemediator be appointed by the managemnt of Incident Analytics;

(c)         The Parties are equally liable forthe fees and reasonable expenses of a mediator and the cost of the venue of themediation and without limiting the foregoing undertake to pay any amountsrequested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d)         The mediation will beheld in Victoria, Australia.

Confidential:

All communications concerning negotiations made by the Partiesarising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "withoutprejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

If 2 months have elapsed afterthe start of a mediation of the Disputeand the Disputehas not been resolved, either Party may ask the mediator to terminatethe mediation and the mediator must do so.

15. Venue and Jurisdiction

The Services offered by Incident AnalyticsPty Ltd is intended to be viewed by residents of Australia. In the eventof any dispute arising out of or in relationto the Website, you agreethat the exclusive venue for resolving any dispute shall be in thecourts of Victoria.

16. Governing Law

 The Terms are governed by the laws of Victoria.Any dispute, controversy, proceeding or claim ofwhatever nature arising out of or in any way relating to the Terms and therights created hereby shall be governed, interpreted and construed by, underand pursuant to the laws of Victoria, Australia without reference to conflictof law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shallbe binding to the benefitof the parties hereto and their successors and assigns.

17. Severance

 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.

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