Terms and Conditions

August 2024

Introduction

1. These terms and conditions (Terms) apply when you use nuffieldgroup.com, www.riskfacta.com, riskfacta.typeform.com and www.riskfacta.com.au (our websites).
2. You agree to be bound by these Terms, which form a binding agreement between you and SFARP Group Pty Ltd (ABN 31 668 337 871) and our subsidiaries (Riskfacta, Nuffield, our, we or us).
3. If you do not agree to these Terms, you must refrain from using the Website.
4. We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

Access and use of the website

You must use the Website in accordance with these Terms and all applicable laws. Additionally, you must ensure that your employees, sub-contractors, and any other agents who use or access the Website also comply with these Terms and applicable laws.

Your obligations

You must not:

1. You may not copy, mirror, reproduce, translate, adapt, modify, sell, decipher, or decompile any part of the Website without our express consent.
2. Use the Website for any purpose other than browsing.
3. Use, or attempt to use, the Website in any illegal or fraudulent manner or to facilitate illegal or fraudulent activities.
4. Use, or attempt to use, the Website in a way that interferes with, disrupts, or creates an undue burden on the Website or its hosting servers and network.
5. Use the Website with any automated scripting tool or software.
6. Act in a manner that may harm or negatively impact our reputation, including linking to the Website from any other website.
7. Attempt to breach the security of the Website or otherwise interfere with the normal functions of the Website, including by:
   1. Gaining unauthorised access to Website accounts or data.
   2. Scanning, probing, or evaluating the Website for security vulnerabilities.
   3. Overloading, flooding, mailbombing, crashing or submitting a virus to the Website.
   4. Instigate or participate in a denial-of-service attack against the Website.

Information on the website

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

1. The Website will be free from errors or defects.
2. The Website will always be accessible.
3. Messages sent through the Website will be delivered promptly or delivered at all.
4. Information you receive or supply through the Website will be secure or confidential.
5. Any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices, and other Website Content.

While we strive to keep the information on the Website as up-to-date and accurate as possible, you acknowledge and agree that, to the maximum extent permitted by law, we do not guarantee:

1. The Website will be free from errors or defects.
2. The Website will always be accessible.
3. Messages sent through the Website will be delivered promptly or delivered at all.
4. Information you receive or supply through the Website will be secure or confidential.
5. Any information provided through the Website is accurate or true.

We reserve the right to update the Website at any time without notice, including changing product descriptions, prices, and other Website content.

Intellectual property

We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads, and software) (Website Content) and reserve all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify, or publish the Website or any Website Content without prior written consent from us or as permitted by law.

Links to other websites

1. The Website may contain links to other websites for which we are not responsible. We have no control over the content of these linked websites and are not liable for it.
2. The inclusion of any linked website on the Website does not imply our approval or endorsement of that website.

Security

We are not responsible for any loss or damage to computer systems, mobile phones, or other electronic devices arising from the use of the Website. You should take your own precautions to ensure that your method of accessing the Website does not expose you to viruses, malicious code, or other forms of interference.

Reporting misuse

If you notice any misuse of the Website by someone, discover any errors in the material on the Website, or experience any difficulty accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Privacy

You agree to be bound by our Privacy Policy, which can be found on our Website.

Liability

We make no warranties or representations about this Website or any of its content. We will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this Website.

General

Governing law and jurisdiction

The laws of Victoria, Australia, govern this agreement. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia, and their appellate courts for any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the grounds that it has been brought in an inconvenient forum.

Waiver

No party to this agreement may rely on the words or conduct of another party as a waiver of any right unless the waiver is in writing and signed by the party granting it.

Severance

Any term of this agreement that is wholly or partially void or unenforceable will be severed to the extent of its voidness or unenforceability. The validity and enforceability of the remaining provisions of this agreement will not be limited or otherwise affected.

Joint and several liability

An obligation or liability assumed by or a right conferred on two or more persons binds or benefits them jointly and severally.

Assignment

A party cannot assign, novate, or otherwise transfer any of its rights or obligations under this agreement without the other party’s prior written consent.

Entire agreement

This agreement embodies the entire agreement between the parties. It supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

Interpretation

1. (singular and plural) words in the singular include the plural (and vice versa);
2. (gender) words indicating a gender includes the corresponding words of any other gender;
3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium, or joint venture (whether incorporated or unincorporated), a partnership, a trust, and any other entity;
5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment, or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment, or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments, and annexures to it;
7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
9. (includes) the word “includes” and similar words in any form is not a word of limitation;
10. (adverse interpretation) no provision of this agreement will be interpreted adversely by a party because that party was responsible for the preparation of this agreement or that provision.
11. (currency) a reference to $, or “dollar,” is to Australian currency unless otherwise agreed in writing.

Contact details

Riskfacta Pty Ltd

11 Wilson Street

South Yarra

VIC 3191 Australia