ABE Risk Solutions – Terms and Conditions
1. Definitions
In these Terms and Conditions:
- “ABE Risk Solutions”, “we”, “us”, or “our” means ABE Risk Solutions.
- “Customer”, “you”, or “your” means the entity or individual using the Services.
- “Services” means the governance, risk, compliance, software, advisory, training, and related services provided by ABE Risk Solutions.
- “Solution” means any application, platform, system, or deliverable provided as part of the Services.
- “Customer Data” means all data submitted, stored, or processed by or on behalf of the Customer through the Services.
- “Confidential Information” has the meaning set out in clause 8.
2. Acceptance of Terms
By accessing or using the Services, you agree to be bound by these Terms and Conditions. If you do not agree, you must not use the Services.
These Terms may be supplemented by an order form, statement of work, or other written agreement agreed between the parties.
3. Use of Services
3.1 You may use the Services only in accordance with these Terms and applicable laws.
3.2 You are responsible for:
- Maintaining the confidentiality of your access credentials
- All activities conducted under your account
- Ensuring Customer Data is accurate, lawful, and appropriate for processing
3.3 You must not:
- Reverse engineer, decompile, or attempt to derive source code from the Solution
- Use the Services for unlawful, harmful, or abusive purposes
- Interfere with or disrupt the integrity or performance of the Services
4. Customer Data and Data Protection
4.1 Ownership
Customer Data remains the property of the Customer. ABE Risk Solutions does not claim ownership of Customer Data.
4.2 Use of Customer Data
ABE Risk Solutions may process Customer Data solely to:
- Provide and support the Services
- Meet contractual and legal obligations
- Improve service functionality (in anonymised or aggregated form where applicable)
4.3 Data Security
ABE Risk Solutions will implement reasonable administrative, technical, and organisational safeguards to protect Customer Data against unauthorised access, loss, or disclosure.
4.4 Customer Responsibilities
You are responsible for:
- Obtaining all necessary rights and consents for Customer Data
- Ensuring compliance with privacy and data protection laws
5. Intellectual Property
5.1 ABE Risk Solutions IP
All intellectual property rights in the Services and Solution remain the property of ABE Risk Solutions or its licensors.
5.2 Licence to Use
Subject to payment of applicable fees, ABE Risk Solutions grants the Customer a limited, non-exclusive, non-transferable right to use the Solution for internal business purposes during the term of the agreement.
5.3 Restrictions
No rights are granted except as expressly stated in these Terms.
6. Fees and Payment
6.1 Fees are payable as set out in the applicable order form or agreement.
6.2 Unless otherwise stated:
- Fees are exclusive of taxes
- Invoices are payable within the stated payment period
6.3 ABE Risk Solutions may suspend Services for non-payment after providing reasonable notice.
7. Service Availability and Support
7.1 ABE Risk Solutions will use commercially reasonable efforts to make the Services available but does not guarantee uninterrupted or error-free operation.
7.2 Planned maintenance may result in temporary service interruptions.
7.3 Support services, if provided, will be delivered in accordance with the applicable agreement.
8. Confidentiality
8.1 Each party must protect the other party’s Confidential Information and use it only for purposes related to the Services.
8.2 Confidential Information does not include information that:
- Is publicly available through no fault of the receiving party
- Was lawfully known prior to disclosure
- Is required to be disclosed by law or regulation
9. Compliance with Laws
Each party must comply with all applicable laws and regulations, including privacy, data protection, and workplace health and safety obligations, in connection with the Services.
10. Warranties and Disclaimers
10.1 The Services are provided on an “as is” and “as available” basis.
10.2 To the maximum extent permitted by law, ABE Risk Solutions disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.3 The Solution is intended to support governance, risk, and compliance activities and does not replace professional judgment or legal advice.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, ABE Risk Solutions’ total aggregate liability arising out of or in connection with the Services will be limited to the fees paid by the Customer in the 12 months preceding the event giving rise to the claim.
11.2 ABE Risk Solutions will not be liable for:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, data, or business opportunity
12. Term and Termination
12.1 These Terms commence upon first use of the Services and continue until terminated.
12.2 Either party may terminate for material breach if the breach is not remedied within a reasonable period after notice.
12.3 Upon termination:
- The Customer’s right to use the Services ceases
- Outstanding fees remain payable
13. Changes to Terms
ABE Risk Solutions may update these Terms from time to time. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
14. Governing Law
These Terms are governed by the laws of Australia, and the parties submit to the exclusive jurisdiction of the Australian courts.
15. Contact Information
For questions regarding these Terms, contact:
ABE Risk Solutions
Admin: admin@aberisksolutions.com.au