Terms & Conditions

Introduction

These terms and conditions govern your use of the ResponSight website; by using this website, you accept these terms and conditions in full.   If you do not agree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website may use cookies.  By using this website and agreeing to these terms and conditions, you consent to ResponSight’s use of cookies in accordance with the terms of ResponSight’s privacy and cookies policy.

If you are an enterprise customer or user of our software solutions and looking for our software terms and conditions, please click here

License to use website

Unless otherwise stated, ResponSight and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, malware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ResponSight’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.  This includes, but is not limited to, using the ResponSight contact form or other contact interface to send unsolicited commercial communications directly to ResponSight or third parties.

You must not use this website for any purposes related to marketing without ResponSight’s express written consent.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

ResponSight will only use submitted material to reply or respond to contact or enquiries initiated by you.  Where the submitted material is not required for subsequent communication (ie replying or communicating with you), it will be archived record keeping purposes and deleted after a period no longer than 2 years.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or ResponSight or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

ResponSight reserves the right to edit or remove any material submitted to this website, or stored on ResponSight’s servers, or hosted or published upon this website.

Notwithstanding ResponSight’s rights under these terms and conditions in relation to user content, ResponSight does not undertake to monitor the submission of such content to this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  ResponSight makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, ResponSight does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

ResponSight will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if ResponSight has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ResponSight’s liability in respect of any:

  • death or personal injury caused by ResponSight’s negligence;
  • fraud or fraudulent misrepresentation on the part of ResponSight; or
  • matter which it would be illegal or unlawful for ResponSight to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that ResponSight has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against ResponSight’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ResponSight’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ResponSight.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify ResponSight and undertake to keep ResponSight indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ResponSight to a third party in settlement of a claim or dispute on the advice of ResponSight’s legal advisers) incurred or suffered by ResponSight arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to ResponSight’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ResponSight may take such action as ResponSight deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

ResponSight may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

ResponSight may transfer, sub-contract or otherwise deal with ResponSight’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the ResponSight privacy policy, constitute the entire agreement between you and ResponSight in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Victoria Australia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Victoria Australia.

COPYRIGHT NOTICE

Copyright © 2015-now ResponSight Pty Ltd

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by ResponSight.

Copyright license

ResponSight grants to you a worldwide non-exclusive royalty-free revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory; and
  • print pages from this website for your own personal and non-commercial use.

ResponSight does not grant you any other rights in relation to this website or the material on this website.   In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without ResponSight prior written permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited, except where performed by established Internet search engine indexing engines and identifiable by their source IP addresses.

Permissions

You may request permission to use the copyright materials on this website by writing to legal@responsight.com

Enforcement of copyright

ResponSight takes the protection of its copyright very seriously.

If ResponSight discovers that you have used its copyright materials in contravention of the license above, ResponSight may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

If you become aware of any use of ResponSight copyright materials that contravenes or may contravene the license above, please report this by email to legal@responsight.com.

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to legal@responsight.com.

COOKIES POLICY

About cookies

This website may use cookies.  By using this website and agreeing to this policy, you consent to ResponSight’s use of cookies in accordance with the terms of this policy.

Cookies are files sent by web servers to web browsers, and stored by the web browsers.

The information is then sent back to the server each time the browser requests a page from the server.  This enables a web server to identify and track web browsers.

There are two main kinds of cookies: session cookies and persistent cookies.  Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

Cookies on our website

ResponSight does not use cookies directly, but relies on third party web hosting and Internet application services who may use cookies.  Service providers (and their Privacy Policies) used by ResponSight include (but are not limited to):

  • Google – http://www.squarespace.com/privacy/
  • Microsoft Azure – http://azure.microsoft.com/en-us/support/trust-center/privacy/
  • AWS – https://aws.amazon.com/privacy/

Google cookies

ResponSight uses Google Analytics to analyse the use of this website.  Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers.  The information generated relating to our website is used to create reports about the use of the website. Google will store and use this information.  Google’s privacy policy is available at: http://www.google.com/policies/privacy/.

Refusing cookies

Most browsers allow you to refuse to accept cookies.  Options for blocking or refusing cookies can usually be found in the privacy settings of your preferred browser, or by searching the help provided with your browser.

Blocking cookies will have a negative impact upon the usability of some websites.

ANTI-SPAM POLICY

What is spam?

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.

ResponSight has a zero-tolerance spam policy. ResponSight will only use the email address you have provided to us in order to respond to a direct enquiry.  Your email address details will not be used for any other purpose unless you have specifically opted IN for that purpose (ie ResponSight’s default stance is that you do NOT want to be contacted unless you tell us otherwise).

Automated spam filtering

ResponSight’s messaging systems automatically scan all incoming email and other messages, and filter-out messages that appear to be spam.

Problems with spam filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by ResponSight’s systems.

If you believe this has happened to a message you have sent, please advise the message recipient by another means.

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

Receipt of unwanted messages from ResponSight

In the unlikely event that you receive any message from ResponSight or sent using ResponSight’s systems that may be considered to be spam, please contact ResponSight using the details below and the matter will be investigated.

Changes to this anti-spam policy

ResponSight may amend this anti-spam policy at any time by publishing a new version on this website.

Contact us

Should you have any questions about this policy or the content contained within, you can contact ResponSight by email to legal@responsight.com.

Version – August 2015 v15082101
Credit – Portions of this document were created using Contractology templates available at http://www.freenetlaw.com.