Risk Shield® Cloud Security Policy, Terms and Conditions

Last updated 18 October 2011

These Security Policy, Terms and Conditions (SP, T&C) apply to the Risk Shield® Cloud Service (RSCS) also known as Risk Shield® Software as a Service (Risk Shield® SaaS). Risk Shield® is a registered trademark of PicNet Pty Ltd - Australian Company Number 096 382 982. PicNet Pty Ltd owns all the rights to Risk Shield®, including but not limited to Copyrights, Design, Development, Support, Marketing and Distribution. In these T&C, Risk Shield® refers to the software, the service and the owner company (PicNet Pty Ltd)

Description of Service

The RSCS is an Online, fully hosted, SSL encrypted, Enterprise Risk Management (ERM) Software as described in the Risk Shield® web site www.RiskShield.net, appropriate for small, medium and large organisations.

Unless explicitly stated otherwise, any new features that augments or enhances the current RSCS, including the release of new functionality, shall be subject to these SP, T&C. You understand and agree that the RSCS is provided "AS-IS" and that Risk Shield® assumes no responsibility for the fit or usability of the RSCS.

Only one version of the RSCS is deployed and the same version is always available to all its users. Any upgrade of functionality, features, fixes, improvements, affect to all users of the RSCS at once.

Your data is guaranteed to be transferred across when a new version of the RSOD is upgraded. However, some data is generated by the application itself, after you enter your own information, such as history (traceability of changes also known as audit trial), risk trends, risk numbers and incident numbers. Risk Shield® will make all the efforts to also upgrade this information at all times during an upgrade, however, there may be instances when this is not technically possible.

You are responsible for obtaining access to the RSCS and that access may involve third party fees (such as Internet Service Provider - ISP). You are responsible for those fees, including those fees associated with the ISP display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the RSCS.

Be aware that Risk Shield® does not have areas of its web site or the RSCS that contain adult or mature content. Risk Shield® is not responsible for the information stored by each user of the RSCS.

The RSCS includes:

  • All modules of the system
  • Email support via support@riskshield.net
  • Training videos, documentation and help

Under separate charges and where possible, Risk Shield® may provide:

  • On site training for Australian customers
  • Consulting services
  • Telephone support during Australian business hours

You understand and agree that the RSCS may, occasionally, include advertisements and that these advertisements may be necessary for Risk Shield®to provide the RSCS. You also understand and agree that the RSCS may include certain communications from Risk Shield, such as announcements, administrative messages and the Risk Shield® Newsletter, and that these communications are considered part of the RSCS subscription and membership.

Security and your IP

In the course of your use of the RSCS, you may entrust Risk Shield® with your information.
Risk Shield® recognises the importance of such information to you. Additionally, Risk Shield® recognises that you own the IP of your information, unless it is publicly available otherwise.
Risk Shield® has put in place controls to ensure that your information will only be able to be accessed by individuals whom you have explicitly authorised to do so.
In addition, Risk Shield® has implemented safeguards in the form of security technology, management practices, and physical security to protect you from the loss, misuse, or unauthorized alteration of the information you have entrusted to RSCS. You can enhance the effectiveness of these safeguards by creating passwords that cannot be easily accessed, guessed, or reproduced by unauthorized persons.

Data Backups

RSCS data is hosted behind a secure firewall system. Your data is stored in redundant systems and backup daily. RSCS are in use by corporations that trust their data to Risk Shield® and its RSCS.

Secure connections keep your data and passwords completely confidential. Risk Shield® regularly upgrades its software and equipment to provide you with the highest levels of security, availability, performance, and disaster-recovery.

Effective security is a full-time job, and Risk Shield® security team works around the clock to protect you from the loss, misuse, or unauthorized alteration of your data. We employ state-of-the art technology, management practices, and physical security to keep your data safe. You can enhance the effectiveness of our safeguards by creating passwords that can't be accessed, guessed, or reproduced by unauthorised people.

24 hours a day, every day of the year, RSCS and its ISP use:

  • SSL (Secure Sockets Layer) for data and password confidentiality
  • Secure firewalls with anti-spoofing technology
  • Intrusion detection software and hardware
  • Physically-guarded access
  • Video camera surveillance and security breach alarms

Privacy

We believe your private information should stay that way. Therefore, we've adopted strict guidelines and practices to ensure that your confidential personal and/or business information remains secure. For more information, see our in-depth Privacy Policy in the footer of our web site.
Please note that part of the responsibility for privacy lies with you. Make sure that only your authorised employees access RSCS and that you change your password on a regular basis.
You must ensure that your passwords are kept secure and confidential and not revealed to any other person. Furthermore, you may not permit any other person to use your account. You may change your password at any time by following the instructions provided on the RSCS.
You agree to notify Risk Shield, via email on support@riskshield.netimmediately of any unauthorized use of your account or any other breach of security.

Maintenance

Very occasionally and from time to time, the RSCS will need preventive maintenance and may need to be shut down for very short periods of time.

Special Admonitions for International Use

Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission and storage of technical data of the country in which you reside.

Content submitted or made available for inclusion on the RSCS

Risk Shield® does not claim ownership of Content you submit or make available for inclusion on the RSCS. The Content belongs to you at all times.

Modifications to service, SP, T&C and Pricing

Risk Shield® reserves the right to modify the RSCS with or without notice. Risk Shield® may change the SP, T&C and/or Pricing Structure at any time and will notify you by posting the new SP, T&C and/or Pricing Structure on the Risk Shield® web site.
Risk Shield® shall not be liable to you or any third party should Risk Shield® exercise its right to modify the RSCS.

Your registration obligations

In consideration of your use of the RSCS, you agree to provide true, accurate, current and complete information about yourself and your company as prompted by the RSCS' registration form (such information being the "Registration Data"); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Risk Shield® has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Risk Shield® has the right to suspend or terminate your account and refuse any and all current or future use of the RSCS (or any portion thereof).

Payment

Risk Shield® will receive the Charges by way of direct debit from your credit card. You authorise the debit of your credit card of amounts equal to the Charges payable under the Prices as indicated by the RSCS. If RSCS is unable to debit your card for the Charges payable, Risk Shield® may at Risk Shield's option, immediately suspend your account and access to the services. All payments made to Risk Shield® for the purchase and use of the RSCS are non-refundable, subject to applicable laws. If the customer terminates the use of the service, no refund will be issued for any remaining account balance.
RSCS prices may change without notice.
Risk Shield® and or the RSCS do NOT keep or store your credit card number information.

Subscriber Conduct

As a condition of your use of the RSCS, you agree that you will not use the services for any purpose that is unlawful or prohibited by these terms.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password.
Risk Shield® has no obligation to monitor the RSCS or any user's use or retain the content of any user session other than for its business purpose. However, Risk Shield® reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Termination

It is your responsibility to terminate your account via the RSCS Account Management screen. Termination will be effective at the end of the current month.
You agree that Risk Shield, at its sole discretion, may terminate your password, account (or any part thereof) or the use of the RSCS, and remove and discard any content within the Service if Risk Shield® believes that you have violated or acted inconsistently with the letter or spirit of these SP, T&C and related policies.
You agree that any termination of your access to the RSCS under any provision of these SP, T&C may be effected without prior notice, and acknowledge and agree that Risk Shield® may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the RSCS. Further, you agree that Risk Shield® shall not be liable to you or any third-party for any termination of your access to the RSCS or for any discontinuance in providing the service.
Trial (Free) accounts will be terminated after a 2 month period of inactivity.

Limitations of Liability

  • To the extent permitted by law, Risk Shield® shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Risk Shield® has been advised of the possibility of such damages), resulting from:
  • the use or the inability to use the service;
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the RSCS;
  • unauthorised access to or alteration of your transmissions or data;
  • statements or conduct of any third party on the RSCS; or
  • any other matter relating to the RSCS.

Exclusions of Warranties

To the extent permitted by law, all warranties, conditions and representations about the RSCS, the availability of the RSCS for access and use, the products and services advertised, offered to be supplied or supplied via the RSCS and the information provided on the RSCS are excluded. In particular, to that extent, Risk Shield® excludes any warranty that the RSCS will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these T&C and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these T&C. However, Risk Shield®'s liability for breach of such term will be limited, at its option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of services again; or (ii) the payment of the cost of having the services supplied again.

Indemnification

You will hold Risk Shield®, its subsidiaries, affiliates, officers and employees harmless from all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of or in any way connected to the use of the RSCS by you or someone using your username (e-mail) and password.

Intellectual Property

Risk Shield® rights are wholly owned by PicNet Pty Ltd (Australian Company Number 096 382 982)

Risk Shield®, PhD®, DocFlex®, Pixeon® are registered trademarks of PicNet Pty Ltd

Microsoft®, Visio®, Excel®, Internet Explorer® are all trademarks of Microsoft Inc.

Risk Shield®, Risk Shield® Cloud Service (RSCS) are copyright and valuable property of PicNet Pty Ltd (Australian Company Number 096 382 982)

You acknowledge and agree that the RSCS contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

You agree to keep all copyright and other proprietary notices intact. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to you through the RSCS or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Risk Shield® or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Applicable Law

These SP, T&C are governed by the laws in force in the State of New South Wales (NSW), Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of NSW, Australia . In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.

No resale of service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of RSCS, use of RSCS, or access to RSCS.