Terms and Conditions
Last Updated: 31 Oct 2022
Maximus Consulting (
“Maximus”
,
“us”
,
“our”
or
“we”
) is the operator of the business described on the websites at
https://riskclipper-en.i-mxms.com/
.
These terms and conditions (
“Terms”
) contain important information about the Risk Management Service, Riskclipper.
Subscribers who uses the Riskclipper (each a
“User”
) must accept and comply with these Terms in relation to the use of the Riskclipper Service. The applicable Principal User and each User (separately or together,
“You”
or
“Your”
) each agree that these Terms exclusively govern the use of the Riskclipper Service by each User. Use of the Riskclipper Service by You constitutes acceptance of these Terms by the applicable Principal User and You in relation to the use of the Riskclipper Service.
The Riskclipper Service comprises several services and You may subscribe to one or more of such services according to Your requirements. When You subscribe to a Riskclipper Service, You acknowledge and agree that You are doing so on behalf of the applicable Principal User which employs You and warrant that You have the requisite authority to bind the applicable Principal User to these Terms. Your ongoing use of the Riskclipper Service constitutes Your acknowledgement and agreement that You are doing so on behalf of the applicable Principal User which employs You and You continue to have the requisite authority to bind the applicable Principal User to these Terms. References in these Terms to the Risk Assess Service shall refer to the applicable service(s) as subscribed for by You.
If You have subscribed to Riskclipper, we will provide access in accordance with the arrangements based on the contractual agreement. You acknowledge and agree that the use of Riskclipper is governed by these Terms. You are responsible for obtaining, and You confirm that You have obtained the necessary consent to use the Riskclipper, and for the acceptance of these Terms.
The term of a subscription is one calendar year, commencing on the date of the agreement or, the date upon which access to the Riskclipper Service is provided by us. A subscription permits Users to perform risk assessments during the subscription period, subject as may be provided in these Terms.
Users must keep their log-in credentials to the Riskclipper Service secure and must not share them with any other person. We are not responsible for any loss or damage suffered by You, the applicable Principal User or a User as a result of the unauthorised use of log-in credentials to the Riskclipper Service (as defined in paragraph 12 below).
Guidance and recommendations that we provide via the Riskclipper Service are provided to You in good faith and based on our current knowledge. You should consider using other sources to verify any information and recommendations obtained pursuant to the Riskclipper Service.
You acknowledge and accept that we own all intellectual property rights (including copyright) in and to the content of the Website and in any and all materials available via the Riskclipper Service (together, the
“Content”
), and that You acquire no rights or interests in or to the Riskclipper Service or the Content other than as expressly granted to You in these Terms. We hereby grant You a limited, non-transferable and non-exclusive licence to use the Content within the scope of Your subscription to the Riskclipper Service, in a manner permitted herein and for the subscription period only.
In accordance with paragraph 9 above, You undertake not to copy, modify, publish, communicate to the public, sell, license, transfer, dispose of, distribute, adapt or otherwise use (including the creation of derivative works) the Content other than in the normal course of using the Riskclipper Service in accordance with these Terms.
You retain the intellectual property rights (including copyright) in the materials, data and information that You upload to the Riskclipper Service. You hereby grant Maximus (for the benefit of Maximus itself and any of its affiliates) to use, reproduce, distribute, transmit and modify the Your Data and adaptations thereof, in connection with the development, operation, maintenance, enhancement and promotion of the Riskclipper Service, and to provide You with technical assistance in respect of the Riskclipper Service. We may publicly display and communicate to the public aggregated data or data that has been de-identified and makes no reference to the applicable User.
You grant Maximus permission, for the purposes of administering, managing and promoting the Riskclipper Service, to disclose to third parties such as partners and suppliers, the fact that the applicable Principal User (by whom you are employed or affiliated) is a user of the Risk Assess Service.
Except to the extent provided by law, in using the Riskclipper Service, You agree that we are not responsible or in any way liable for the continuity of or interruptions to the Riskclipper Service, the currency, accuracy or completeness of information provided via the Riskclipper Service, or for any errors, faults, omissions or inaccuracies in the information, guidance, recommendations or advice that it provides, whether arising from contract, negligence or otherwise, or for the consequences (direct or indirect) arising therefrom.
The Riskclipper Service is offered "as is" and "as available". You acknowledge and accept that the Riskclipper Service may be suspended without notice or liability to You due to a variety of reasons, including a system or network failure, maintenance or repair or any other reason within or beyond our control.
You acknowledge and agree that each User uses the Riskclipper Service completely at the User’s own risk. We accept no liability for any interference to the computer system, software or data of a User or Principal User occurring in connection with or relating to its use. You You acknowledge to enable the necessary web protection at all times whilst using the Riskclipper Service and You are encouraged to take appropriate and adequate precautions to protect the data of the applicable Principal User.
Despite paragraph 15 above, we take reasonable steps to protect personal information and School Data from misuse, loss, unauthorised access, unauthorised modification and unauthorised disclosure. In the event that we become aware of any misuse, loss, unauthorised access, unauthorised modification and unauthorised disclosure of any personal information or Your Data (an
“Incident”
), we will notify Maximus as soon as reasonably practicable after becoming aware of the Incident, including by providing the :
the date, time and location of the Incident;
a description of the type or types of information or involved in the Incident;
any remedial action that we have taken in respect of the Incident; and
any other information within our control that may be reasonably required or requested by the applicable Principal User to assist that School to understand the Incident.
We will provide reasonable cooperation and assistance to the applicable Principal User in relation to the Incident, but without being required to take any legal action in respect of the Incident. The applicable Principal User agrees that it will assume all obligations in relation to notifying Users, where relevant, of the Incident.
In relation to the Website and Riskclipper Service, You must not, directly or indirectly:
use the Riskclipper Service for any purpose other than in accordance with these Terms;
reverse-engineer, decompile, translate or disassemble the Riskclipper Service;
bypass, or attempt to bypass, any security features of the Riskclipper Service, or introduce, upload or transmit any virus, malware, spyware, or any other computer software having the effect of disrupting or enabling unauthorised access to the Riskclipper Service;
copy, reproduce, distribute, publish, communicate to the public or otherwise use the Riskclipper Service in any manner or for any purpose not expressly authorised by these Terms;
provide any third party with access to the Riskclipper Service other than as expressly permitted under these Terms; or
modify any documentation or manuals provided or made available in relation to the Riskclipper Service.
You further acknowledge the Riskclipper Service provides You with a means of conducting risk assessments and that Maximus does not (nor does the Riskclipper Service) conduct risk assessments for You or on Your behalf. You acknowledge and accept that, in using the Riskclipper Service, you must be trained by Maximus appointed trainers.
You further acknowledge that risk assessments conducted by You using the Riskclipper Service do not purport to present an assessment of all risks for the prescribed purpose.
To the maximum extent permitted by law:
we will not be liable to You or for any other person impacted by an experiment or other activity for any loss or damage, however it arises, whether in contract, tort (including negligence) or otherwise arising under or in connection with Your use of the Riskclipper Service; and
we will not be liable to You for any indirect or consequential loss or damage suffered by You, including but not limited to loss of business opportunities, goodwill, revenue, profits, anticipated savings, data and reputation.
Nothing in these Terms exclude, restrict or modify any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified. If any condition, warranty or statutory guarantee is implied into these Terms by operation of law and cannot be excluded but we are able to limit our liability for a breach of such condition, warranty or statutory guarantee, then our liability for breach of that condition, warranty or statutory guarantee is limited, to the extent permitted by law, at our discretion, to the supply of the relevant services again or the payment of the cost of having the services supplied again or in any other way as permitted by law.
To the maximum extent permitted by law, You hereby indemnify us and undertake to keep us indemnified in full from and against any and all loss or damage (including legal costs on a solicitor and own client basis) suffered by us arising out of, in connection with or relating to Your use of the Riskclipper Service in breach of these Terms, including without limitation in respect of any loss or damage claimed against us (or any entity or person related to us) by any third party. The kinds of loss and damage that You must indemnify us from and against include losses suffered or incurred in defending or settling any dispute, legal action or other claim or demand (such as the payment of any fees, charges, taxes, levies, penalties or legal expenses) and extends to any claims and legal actions relating to Your use of the Riskclipper Service.
We do not guarantee to store information that is created when You conduct risk assessments using the Riskclipper Service and You must save a copy of Your risk assessments, by downloading them to Your system.
The Website may contain links to other internet sites. We have no control over the content of any links to sites or any changes to the content of those sites. It is Your responsibility to make Your own enquiries as to the accuracy, currency, reliability and correctness of information contained in any such linked sites.
Any link to any external internet site does not constitute an endorsement or a recommendation by us of the material on those sites or of any third-party product or service offered by or from such sites. By using the Website, you expressly discharge Riskclipper from any and all liability arising from Your use of any third-party website.
We will not share personal information of any User with other individuals or companies except in circumstances where You have actively consented for us to do so. We may use deidentified information from Your use of the Riskclipper Service and aggregate this information in order to provide You with a better experience of the Riskclipper Service, to improve the quality and value of the Riskclipper Service and/or to analyse and understand how the Riskclipper Service is used. We may also publish and present de-identified information on the Website as well as at industry conferences and in seminars (but without making a reference to the applicable User or Principal User).
If You have a complaint or a dispute in relation to the Riskclipper Service (including these Terms) (a
“Dispute”
), You agree to notify us in writing of the circumstances relating to the Dispute (by contacting us at info@i-mxms.com). You must allow us a reasonable opportunity to address a Dispute and respond to You in that regard prior to undertaking any further actions in relation to the Dispute.
We may from time to time update these Terms, and any such updates will apply to any use of the Riskclipper Service by You after the update is notified to You.
Your use of the Website and Riskclipper Service is governed by the laws of Republic of Singapore.