- Risk Talk by Sunset Coast Holdings is an online automated Risk Assessment Process Tool and Management software service designed for use by all involved in the OHS functions of small, medium and large enterprises.
- These Terms are binding on any use of the RiskTalk Tool and apply to You from the time that RiskTalk provides You with access to the online process tool.
- By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
- We have currently offered certain Services to you at no charge, including free accounts, trial use, and access to pre-release and beta products (No-Charge Services). Your use of No-Charge Services is subject to any additional terms that we specify and is only permitted for the period designated by us. We may terminate your right to use No-Charge Services at any time and for any reason in our sole discretion, without liability to you. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to No-Charge Services, including any support and maintenance, warranty, and indemnity obligations.
- Subject to these Terms, RiskTalk grants you a non-exclusive, non-transferable revocable licence to use the Service on a compatible computer, mobile telephone or handheld device (Device) owned or controlled by you.
- Unless permitted by law or as otherwise expressly permitted in these Terms, you must not (nor may you authorise any third person to): (i) rent, lease, distribute, license, sublicense, sell, transfer, assign, distribute or otherwise provide access to the Service to a third party; (iii) reproduce, modify, adapt, create derivative works of, the Service; (iv) reverse engineer, disassemble, decompile, transfer, exchange or translate the Service or otherwise seek to obtain or derive the source code or API; (iv) remove or tamper with any disclaimers or other legal notices; (v) combine the whole or any part of the Service with any other software, data or material; (vi) store or use any part of the data you do not own in an archival database or other searchable database. You must promptly notify us in writing of any breach of these conditions of use.
Subscription master user rights:
the Subscriber determines who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has;
the Subscriber is responsible for all Invited Users’ use of the Service;
the Subscriber controls each Invited User’s level of access to the relevant organisation and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
if there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
Once your trial period is over. An invoice for the Subscription Fee will be issued each month starting on subscription to Your RiskTalk account. All invoices will include the Subscription Fee for the period of use. RiskTalk will continue invoicing You monthly until this Agreement is terminated. All invoices will be sent to You, or to a Billing Contact on subscription. Payment will be taken automatically on your specified credit card. Should payment not be taken for any reason, your account may be suspended until payment is made in full. You are responsible for ensuring your correct credit card details are provided to RiskTalk via our update your payment details section.
You may specify one or more administrators who will have password protected rights to access administrative account(s) for the purposes of administering the Services (Admin Account(s)) and to administer all End Users permitted to use the Service and who have established an End User Account. You are responsible for: (a) maintaining the confidentiality of the password and Admin Account(s); (b) designating those individuals who are authorized to access the Admin Account(s); and (c) ensuring that all activities that occur in connection with the Admin Account(s) comply with these Terms. You agree that our responsibilities do not extend to the internal management or administration of the Services for you and that we are merely a software provider.
Your administrators may have the ability to access, monitor, use, or disclose data available to End Users within the End User Accounts. You will obtain and maintain all required consents from End Users to allow: (i) your access, monitoring, use and disclosure of this data and RiskTalk providing you with the ability to do so and (ii) RiskTalk to provide the Services.
You are responsible for responding to a request from a third party for records relating to an End User’s use of the Services (Third Party Requests). Third Party Requests can be a lawful search warrant, court order, subpoena, other valid legal order, or written consent from the End User permitting the disclosure. We will, to the extent allowed by law and by the terms of the Third Party Request: (a) promptly notify you of the receipt of a Third Party Request; (b) comply with your reasonable requests regarding its efforts to oppose a Third Party Request; and (c) provide you with the information or tools required for you to respond to the Third Party Request. You will first seek to obtain the information required to respond to the Third Party Request on its own, and will contact us only if you cannot reasonably obtain such information.
You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify RiskTalk of any unauthorised use of Your passwords or any other breach of security
As a condition of these Terms, when accessing and using the Services, You must:
not attempt to undermine the security or integrity of RiskTalk’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks; not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website; not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted; Not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
Use of the Service may be subject to limitations, including but not limited to number of users. Should you require additional users these may be purchased thorough your account.
You indemnify RiskTalk against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to RiskTalk, including (but not limited to) any costs relating to the recovery of any Subscription fees that are due but have not been paid by You.
Confidentiality and Privacy
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
Each party’s obligations under this clause will survive termination of these Terms.
is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
is independently developed without access to the Confidential Information.
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of RiskTalk.
Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the RiskTalk Subscription fee when due. You grant RiskTalk a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
Third-party applications and your Data:
If You require third-party applications for use in conjunction with the Services, this will need to be discussed with RiskTalk development team for access to the service.
Warranties and Acknowledgements
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
You acknowledge that:
You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
RiskTalk does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. RiskTalk is not in any way responsible for any such interference or prevention of Your access or use of the Services.
RiskTalk is not Your Safety Consultant and use of the Services does not constitute the receipt of safety advice. If You have any safety questions, please contact a Safety Consultant.
It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
You remain solely responsible for complying with all applicable Occupational Health and Safety laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
RiskTalk gives no warranty about the Services. Without limiting the foregoing, RiskTalk does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
Limitation of Liability
To the maximum extent permitted by law, RiskTalk excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
If You suffer loss or damage as a result of RiskTalk’s negligence or failure to comply with these Terms, any claim by You against RiskTalk arising from RiskTalk’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Subscription fees paid by You in the previous 12 months.
In the case of technical problems,You must make all reasonable efforts to investigate and diagnose problems before contacting RiskTalk. If You still need technical help, please check the support provided online and help tools on the Website or failing that email us at xxxx
Whilst RiskTalk intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason RiskTalk has to interrupt the Services for longer periods than RiskTalk would normally expect, RiskTalk will use reasonable endeavours to publish in advance details of such activity on the Website.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
You may not assign or transfer any rights to any other person without RiskTalk’s prior written consent.
Governing law and jurisdiction:
If the information or Data You are accessing using the Services and the Website is solely that of a person who is registered country of subscription You accept these terms then under the law governing this Agreement and You submit to the exclusive jurisdiction of the state courts.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Secure data centres:
RiskTalk’s servers are located within enterprise-grade hosting facilities that employ robust physical security controls to prevent physical access to the servers they house. These controls include 24/7/365 monitoring and surveillance, on-site security staff and regular ongoing security audits.
Built to perform at scale:
RiskTalk has been designed to grow with your business. Our high performance servers, networks and infrastructure ensure we can deliver quality service to you and our hundreds of thousands of other users.
Information we collect
We collect information to provide better services to all of our users – from figuring out basic stuff like which language you speak, to more complex things like what content of ours matters most to you.
We collect information in the following ways:
Information you give us. We collect information about you and your company as you register for an account with us, create or modify your profile, use, access, or interact with our services or our websites (including but not limited to when you upload, download, collaborate on or share content) Such content includes any personal information or other sensitive information that you choose to include. For example, many of our services require you to sign up for an account with us. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card. We may present your name, email address or image to other users in your organisation, or otherwise associated with your account in order to assist in sharing or recommendations.
Information we get from your use of our services. We may collect information about the services that you use and how you use them, like when you visit a website that uses our services or you view and interact with our content. This information includes:
Device information – We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your account.
Log information – When you use our services or view content provided by us, we may automatically collect and store certain information in server logs. This may include:
details of how you used our service, such as your search queries;
telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls;
Internet Protocol address;
device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL; and
cookies that may uniquely identify your browser or your account.
Unique application numbers – Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.
Local storage – We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
How we use information we collect:
We may use the information we collect, including your personal information and transaction information, from our services for the following purposes:
for internal and service-related purposes, such as to provide, maintain, protect, improve, and personalize our services, to develop new ones and to protect the rights, property, or safety of RiskTalk and our users;
to communicate with you in order to provide you with information we think may be useful or relevant to you;
to promote our services and related services;
to analyze information in order to offer anonymized data products to third parties;
to facilitate the sharing of anonymized information with third parties, including transaction data. An example of anonymized information would be the number of times a template is used or location data;
to monitor and analyze trends, usage, and activities in connection with our services and for marketing or advertising purposes or to offer you tailored content;
to investigate and prevent fraudulent transactions, unauthorized access to or use of our services, and other illegal or unusual activities;
when you contact us,to keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements;
from cookies and other technologies, to improve your user experience and the overall quality of our services;
Transparency and choice:
People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used and control who you share information with.
You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled. For example, you may not be able to login to RIskTalk or utilise other services.
Information you share
Many of our services let you share information with others. Remember that when you share information publicly, it may be indexable by search engines. Our services provide you with different options on sharing and removing your content.
Accessing and updating your personal information
Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
Should you wish to opt-out of our data collection and have your personal identifiable information removed, then email us at firstname.lastname@example.org
Information we share
We do not share personal information with companies, organizations and individuals outside of the Sunset Coast Holdings group of companies unless one of the following circumstances apply:
With your consent
We will share personal information with companies, organizations or individuals outside of Sunset Coast Holdings when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.
With account administrators
If your account is managed for you by an organisation administrator then your organisation’s administrator and resellers who provide user support to your organization will have access to your information (including your email and other data). Your account administrator may be able to:view statistics regarding your account;
change your account password;
suspend or terminate your account access;
access or retain information stored as part of your account;
receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request;
restrict your ability to delete or edit information.
For external processing
you may not be able to seek redress against the overseas recipient either under your country’s privacy laws or within the recipient’s country in relation to its handling of your personal information; and
the overseas recipient may be subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.
For incident response and maintenance
For legal reasons
We will share personal information with companies, organizations or individuals outside of Sunset Coast Holdings if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:meet any applicable law, regulation, legal process or enforceable governmental request;
enforce applicable Terms of Service, including investigation of potential violations;
detect, prevent, or otherwise address fraud, security or technical issues;
protect against harm to the rights, property or safety of RiskTalk, our users or the public as required or permitted by law.
We may share aggregated, non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services. This could also include government bodies, industry groups, insurers and educational/training facilities.
We work hard to protect RiskTalk and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
We encrypt many of our services using Secure Sockets Layer (SSL) or Transport Layer Security (TLS).
We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
We restrict access to personal information to our employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.