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Terms and Conditions
Briggs Communications Pty Ltd has designed and developed its application which provides crisis management plans (referred to in these terms as the Crisis Intelligence Communications Software) software to provide users with a wide range of features and enhanced functionality in relation to crisis management and response. The Crisis Intelligence Communications Software endeavours to reduce the risk in business crisis scenarios.
Users can access the Crisis Intelligence Communications Software via the Crisis Intelligence Communications Website at URL: www.crisisintelligencecommunications.com or via the Briggs Communications Website.
Please read these terms and conditions of use (Terms) carefully before using the Crisis Intelligence Communications Software.
Acceptance of Terms
1. The Crisis Intelligence Communications Software is operated by Briggs Communications Pty Ltd (ACN 143 754 401) (we/us/our).
2. By accessing, viewing, subscribing to and using the Crisis Intelligence Communications Software, you agree to be bound by the Terms.
Changes to Terms
3. We reserve the right to change these Terms at any time without any prior notice and you will be taken to have accepted any change by continuing to use the Crisis Intelligence Communications Software.
Definitions
In these Terms:
a. Services means the business crisis management services that the Crisis Intelligence Communications Software provides to users;
b. Briggs Communications Website means the website located at the URL: http://www.briggscommunications.com.au;
c. Crisis Intelligence Communications Website means the website located at the URL: www.crisisintelligencecommunications.com;
d. Customer Account means the account created when you create a username and password and provide additional requested information to the Crisis Intelligence Communications Software in order to access the Crisis Intelligence Communications Software;
e. Intellectual Property Rights means any and all intellectual property rights including patents, copyright, trade marks, trade secret rights, inventions, know-how, rights in respect of object and source codes, algorithms, mask works, chip topography rights, utility models, and all improvements and amendments thereof, and all registrations, applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force anywhere in the world, including any rights in any of the foregoing; and
f. Spam means the irrelevant or unsolicited messages sent over the internet, typically to large numbers of users, for the purposes of phishing, spreading malware and advertising.
Use of the Crisis Intelligence Communications Software
4. You agree that when using the Crisis Intelligence Communications Softwareyou will not:
a. do anything which will or potentially might damage, disrupt access to, or interfere with the proper operation of the Crisis Intelligence Communications Software;
b. do anything which will or potentially might place an unreasonable load on the Crisis Intelligence Communications Softwareinfrastructure or servers;
c. use the Crisis Intelligence Communications Softwareto transmit or distribute any material which contains viruses, Trojans, malware or any other computer code designed to disrupt access, damage, or destroy to the Crisis Intelligence Communications Software;
d. upload, post, distribute or send any Spam or any similar large quantity communications;
e. do anything which breaches or infringes upon our intellectual property rights;
f. copy or use any software, proprietary processes or technology embodied in the Crisis Intelligence Communications Software.
5. Children under the age of 18 may not access the Crisis Intelligence Communications Software without parental or legal guardian consent.
6. By accessing the Crisis Intelligence Communications Software, you present that you are at least 18 years of age and agreeing to these Terms for yourself, or on behalf of your child or a child you are the legal guardian for.
7. Please be aware that you are in fully responsible for your child’s use of the Crisis Intelligence Communications Software.
8. Subject to the Terms you are hereby granted a non-exclusive, non-transferable licence to access and to execute the functionality of the software made available to users via the Crisis Intelligence Communications Software.
9. Subject to the Terms you are hereby authorised to access the Crisis Intelligence Communications Software for the purposes of:
a. Access and view the content of the Crisis Intelligence Communications Software;
b. Access, view and download crisis management templates;
c. Answer questions related to your crisis management preparedness and generate a basic initial diagnosis report;
d. Generate and download a basic crisis management plan; and
e. Log a live incident and follow the listed basic crisis management process and procedures.
Use of your Customer Account
10. Your Customer Account (including the details of the username and password) may not be assigned or transferred to any other person or entity without our written permission. Any unauthorised transfer or assignment will be void upon attempt.
11. You may not permit any other person to use your Customer Account or provide them with the details of your Customer Account.
12. You must promptly inform us if you are aware of any breach, theft or loss of the details of your Customer Account or any unauthorised use of your Customer Account.
Use of the templates, plans and documents generated by the Crisis Intelligence Communications Software
13. All plans, templates and all other documents, which you access, view or download from the Crisis Intelligence Communications Software, are at all times, owned by us.
14. While your Customer Account Subscription Fee is up to date, you have a non-exclusive licence to view and use the plans, templates and all other documents provided by the Crisis Intelligence Communications Software for the purpose of reducing the risk in business crisis scenarios.
15. Unauthorised use, reproduction, distribution or disclosure of these plans, documents and templates to third parties outside of the business that has registered the Customer Account could lead to the termination of your Customer Account and may be an infringement of our intellectual property rights.
16. Unauthorised use, reproduction, distribution or disclosure of these plans, documents and templates while your Customer Account Subscription Fee is not up to date may be an infringement of our intellectual property rights.
Intellectual property rights
17. All text, graphics, logos, icons, images, photographs and software that feature on the Crisis Intelligence Communications Software are protected under Australian and International copyright and trade mark laws.
18. If you upload any material or content on the Crisis Intelligence Communications Software, you grant us an irrevocable, royalty-free licence to use and reproduce that material or content.
19. You may not in any form or by any means adapt, reproduce, download, store, create derivative works, distribute, print, display, perform, publish or commercialise any materials obtained from any part of the Crisis Intelligence Communications Software.
20. You may not, without our written permission, onsell any information obtained from the Crisis Intelligence Communications Software or use any data mining robots, other extraction tools, metatags or mirror the Crisis Intelligence Communications Software.
21. Unauthorised use of our Intellectual Property, is strictly prohibited except as provided by under the Copyright Act 1968 (Cth) and the Trade Marks Act 1995 (Cth).
Subscription Cost and Taxes
22. The Crisis Intelligence Communications Software allows free access to the first module, allowing users, once they have registered a Customer Account, to generate a diagnosis report.
23. To access the additional modules and utilities of the Crisis Intelligence Communications Software, you are required to pay an upfront, non-refundable commencement fee (Commencement Fee), with further annual subscription fees required for continued access to the Crisis Intelligence Communications Software (Subscription Fee), plus all applicable taxes, including GST. The current Commencement Fee and Subscription Fee are available for view at https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=JTWJQYYRXKLXG
24. The payment gateway for the Crisis Intelligence Communications Software is PayPal, which accepts PayPal accounts, Visa, MasterCard, American Express and Discover card.
25. We reserve the right to change our mode of payment at any time.
26. To the extent permitted by law, we will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud or unauthorised access to a PayPal account.
27. We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions.
28. To access the Crisis Intelligence Communications Software, you will pay the Commencement Fee and all costs, taxes, excise and any other tax imposed by or under the authority of any foreign, Australian or local law with respect to the licence of the Crisis Intelligence Communications Software.
29. To maintain your access to the Crisis Intelligence Communications Software, you will pay the annual Subscription Fee and all costs, taxes, excise and any other tax imposed by or under the authority of any foreign, Australian or local law with respect to the licence of the Crisis Intelligence Communications Software.
30. If you provide recurring payment information for automatic debit of the Subscription Fee to us, these payments will be debited annually.
31. By providing us with your recurring payment information for automatic debit of the Subscription Fee, you authorise us to debit your credit card, bank card, checking or savings account on our records on a recurring basis until you cancel your subscription.
32. We reserve the right to terminate a Customer Accountant’s access to the Crisis Intelligence Communications Software, where the user has failed to pay the Subscription Fee one month beyond the annual renewal date.
Prices, GST and taxes
33. The Commencement Fee and the Subscription Fee are listed in Australian Dollars and it includes GST (where applicable).
34. By subscribing to access the Crisis Intelligence Communications Software, you agree to pay the stated Commencement Fee and the subsequent Subscription Fee in Australian Dollars. You agree to pay any additional charges or taxes incurred (including any custom duties) if applicable.
35. We may raise the Subscription Fee upon thirty days notice. This notice will be posted on the Crisis Intelligence Communications Website.
Disclaimer
36. The Crisis Intelligence Communications Software aims to provide an initial basic diagnosis of an organisation’s ability to manage a crisis, help the organisation generate its own basic crisis management plan and have a plan to guide them in an incident.
37. The Crisis Intelligence Communications Software is not a first response tool in an emergency situation and must not be used in situations where there is an immediate threat to life and/or property. The Crisis Intelligence Communications Software should be utilised once the immediate threat of a physical incident is under control.
38. The Crisis Intelligence Communications Software, including without limitation any content or part thereof, contains general information only, and we are not, by means of the information on the Crisis Intelligence Communications Software, rendering professional advice or services.
39. The Crisis Intelligence Communications Software makes no express or implied representations or warranties.
40. Without limiting the foregoing, we do not warrant that the Crisis Intelligence Communications Software will be secure, free of error, free from viruses, malware, Trojans or malicious code.
41. We do not warrant that the Crisis Intelligence Communications Softwarewill meet any particular standard of quality or performance.
42. We expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
43. Your use of the Crisis Intelligence Communications Softwareis at your own risk and your use of the Crisis Intelligence Communications Software means that you assume full responsibility and risk of all loss resulting from your usage, including without limitation, with respect to loss of service or data.
44. We will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort, negligence or otherwise, relating to or arising out of your use of the Crisis Intelligence Communications Software, even if we knew or should have known of the possibility of such damages.
45. Certain links on the Crisis Intelligence Communications Software may lead to websites, resources or tools owned, monitored and controlled by external third parties over whom we have no control.
46. Without limiting any of the foregoing, we make no express or implied representations or warranties regarding the websites, resources or tools owned and controlled by the external third parties and links to these websites, resources or tools should not be considered an endorsement by us of them, their website or their content.
47. Information on the Crisis Intelligence Communications Software is not intended to replace specific or tailored crisis management, financial or business advice from a professional legal, financial or business advisor and we do not accept any liability for any error or omission resulting in any injury, expense, loss or damage incurred by you or another party as a result of using the Crisis Intelligence Communications Software.
48. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Crisis Intelligence Communications Software, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on or accessed through the Crisis Intelligence Communications Software.
49. We do not accept any responsibility or liability for any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or through downloadable material and or software(s) and tools, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the Crisis Intelligence Communications Software.
50. We do not make any representations, warranties or guarantees whatsoever as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to your particular crisis, emergency situation.
51. While we make every reasonable effort to ensure that the Crisis Intelligence Communications Software is available at all times, we cannot guarantee 100% application uptime. The Crisis Intelligence Communications Software must be bought down at times for scheduled maintenance and upgrades. In the unlikely event that you will not be able to access the application during that period, please note that we would endeavour to restore access to the application in a timely manner, and further, are not responsible for any losses or damage that could arise as a result of your inability to access the Crisis Intelligence Communications Software. The Crisis Intelligence Communications Software may also be unavailable due to traffic conditions on the Internet or due to a hardware or software component failure or due to an event that is entirely out of our control. While we will endeavour to restore access to the application in a timely manner, we would not be responsible for any kind of losses that may arise due to any downtime.
52. The above disclaimers and limitations of liability are applicable to the fullest extent that is permitted by law, whether in contract, tort, statute or otherwise.
Indemnity
53. You agree to fully indemnify us against any loss (either direct or indirect), damage or expense whatsoever which we may suffer or incur in respect of any breach by you of the provisions of these Terms.
Termination of Customer Account
54. We reserve the right to refuse access to the Crisis Intelligence Communications Software to anyone should we believe that the Crisis Intelligence Communications Softwarehas been or is being used for any unlawful purpose, and to take any further action as permitted by law.
55. In particular, we may terminate a Customer Account immediately should a party breach one of these Terms.
56. We may randomly from time to time conduct audits of Customer Accounts and usage to ascertain whether a Customer Account is found to be accessed by any unauthorised users. If a Customer Account is found to be accessed by any unauthorised users, we reserve the right to immediately terminate the Customer Account.
57. Should your Customer Account become terminated, you will remain liable for all liabilities that may have arisen or arise from your Customer Account and/or the termination thereof.
58. You may terminate your Customer Account at any time by ceasing use of the Crisis Intelligence Communications Software and contacting us at office@briggscommunications.com.au; however you will not be entitled to any refund of fees paid.
Australian Consumer Law
59. If the goods or services (as defined in the Australian Consumer Law) we supply you are not of acceptable quality, you may have rights under:
a. Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law); and/or
b. other consumer laws applying in each Australian State or Territory.
60. If there is a minor problem with the Crisis Intelligence Communications Software that is a good (as defined in the Australian Consumer Law) we may offer you a replacement of the particular good instead of offering a refund.
61. If there is a major problem with the Crisis Intelligence Communications Software that is a good (as defined in the Australian Consumer Law), a refund may be available.
62. If there is a minor failure to comply with the consumer guarantees in relation to the Crisis Intelligence Communications Software that are services (as defined in the Australian Consumer Law) we limit our liability for failure to comply with the consumer guarantees to supplying the services again.
We invite you to notify us of any issues in relation to the provision of the Crisis Intelligence Communications Software as soon as possible by emailing us at james@briggscommunications.com.au.
Details you provide us with
63. It is your responsibility to ensure that the information you provide, including your name, contact numbers, email address, and company details are correct.
64. You acknowledge and agree that we will not be responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us including your name, contact phone numbers email addresses and company details.
Subscription and Email List
65. From time to time, we may email you advance notice of new content available on the Crisis Intelligence Communications Software and other news. The email addresses we collect are only used internally for the purposes as stated above.
66. We respect your privacy rights and will not sell or rent your email address to other companies. If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.
67. Please see our Privacy Policy for more information as to how we handle your personal information.
Social Media
68. We may from time to time operate and manage social media accounts on Facebook, Instagram and Pinterest or other social media channels in future.
69. Please note that we do not endorse the opinions expressed by the users on our social media pages. By submitting content, you agree that we may use and reproduce this content including your name, for testimonials or other purposes in any media and without any compensation to you. Any content you submit must be your original work.
70. You must not post any material that is defamatory, derogatory, racist, sexist, unlawful, obscene, infringing any third party’s intellectual property rights, breaching someone else’s confidentiality or privacy, misrepresenting your relationship with us or the Crisis Intelligence Communications Software, misleading, false or deceptive on our social media pages. We reserve the right to edit or remove content that violates these Terms and to block your access to our page.
Testimonials
71. From time to time we may publish testimonials on the Crisis Intelligence Communications Software but you acknowledge and agree that this does not constitute a guarantee or warranty relating to us or the Products, but instead represent the experience of individual consumers.
Links to third party Websites
72. The Crisis Intelligence Communications Software may contain links to other websites, applications and software that are operated by third parties.
73. Unless stated otherwise, the Crisis Intelligence Communications Software does not control, endorse, sponsor or approve such third party websites, applications or software, or their content, nor are we liable and responsible for any loss or damage that you may suffer as a result of your visits to any third party websites.
Interference with this Software
74. You agree not to make or attempt to modify, hack, remove, deface, add or otherwise interfere with the Crisis Intelligence Communications Software or to any material or content posted on the Crisis Intelligence Communications Software.
Privacy
75. For our privacy and policy statement, please refer to our Privacy Policy (see below).
Governing law
76. These Terms are governed by the laws of the State of Victoria, Australia.
Events which are out of our control
77. We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.
General provision
78. If we do not take action against you with respect to any breach by you of these Terms, this does not mean that we have waived our rights to take action with respect to subsequent or similar breaches.
79. You agree that if we suffer irreparable harm in the event that you breach these Terms, and monetary damages are inadequate to compensate for your breach, we will be entitled to injunctive relief to enforce these Terms.
Severability
80. If any part of these Terms is found to be void, unlawful or unenforceable for any reason, that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses.
81. We can in good faith change any provisions in these Terms to be enforceable and shall maintain the intent of the original provisions of these Terms. Continued use of the Crisis Intelligence Communications Software following the posting of the amended Terms constitutes acceptance of such Terms.
Last updated on 12 May 2016
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