The Product

RiskSense101 is an online risk assessment, risk profiling and incident reporting product pioneered by Reliance Risk. It is suitable for any organisation seeking to improve the way that they manage and monitor risks. Helps users:

  • Assess and control business and event related risk

  • Record and analyse incidents

  • Collaborate with multiple stakeholders

  • Easily generate reports

  • Mobile responsive

 Assess and control business and event related risk

Easy to navigate step-by-step process from team set-up to final Risk Assessment.

 Record and Analyse Incidents

Based on years of industry data, our templates make Risk Assessments faster.

 Benchmark industry risks and incident statistics within an organisation and against other relevant industry users.

Different plans to suit all needs, from basic to platinum plans.

Create teams and invite other users to contribute to a Risk Assessment.


The Problem

RiskSense101 was developed to help shift the perspective from risk management as an operational compliance issue, to an integrated part of business decision making. 

Our research found very few ‘user friendly’ technologies available to reduce the resource intensive and time-consuming nature of risk assessment.

Without opportunities to systematically share industry data, build knowledge from risk-related research and foster continuous improvement in risk management, risk assessment tends to be overly subjective and ultimately less effective.

The Benefits 

RiskSense101 was developed to reduce costs, subjective bias and improve the quality of risk assessment.

Reducing guesswork and the need for expert assistance, RiskSense101 provides users with an user-friendly information management system based on the internationally recognised risk management standard ISO:31000.

Additionally, through the anonymous and encrypted sharing of risks with other users through the online platform and database, RiskSense101 continually sets new industry benchmarks, increasing sophistication and quality across the industry.  

Specifications

RiskSense101 is available by subscription and an annual or monthly license provides the following features:

  • Unlimited use of the software with unlimited users over the period of the licence.

  • Full software set up to customise current people, locations, users and user privileges.

  • Free product upgrades.

  • Uploading current risk assessments used by your organisation.

  • User training for a client administrator and users.

  • Product maintenance and support.

  • Mobile capability for reporting new risks and monitoring the status of risk controls.



RiskSense101 Licence & Services Agreement

1 Interpretation

1.1 Definitions

In this document:

Authorised User means a person who is authorised by the Customer to access and use the Program.

Agreement means this document and the schedules.

Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Sydney, Australia.

Commencement Date means the date of this agreement, set out above.

Contract Material means any item or thing created, written or specifically developed by RS in the course

of performing the Services.

Deliverables means all of the outcomes and items to be provided by RS as detailed in each Service

Schedule.

Documentation means manuals, user guides, training materials and other printed or electronic

materials required to operate and maintain the Deliverables.

Fees means the fees payable by Customer for a licence of the Program and provision of the Services as

set out in this Agreement.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights means all present and future rights, titles and interests wherever subsisting

throughout the world and whether registered or not in and to:

(a) copyright, author’s rights, neighbouring rights, rights for the protection of the contents of

databases, the protection of circuit layouts and rights of topography, designs;

(b) inventions, patents, utility models;

(c) trademarks, domain names, business names, trading styles and get up; and

(d) any right contemplated by a treaty, convention or instrument administered by or under the

auspices of the World Intellectual Property Organisation,

and includes the right to apply for the registration, grant or other insurance of such rights, title or

interests.

Moral Rights means the moral rights granted under the Copyright Act 1968 (Cth), including the right of

attribution of authorship, right not to have authorship falsely attributed and right of integrity of

authorship, and any similar rights existing under foreign laws.

Permitted Purpose means the use of the Program to:

(a) conduct risk assessments;

(b) report and analyse incidents;

(c) assess crowd safety profiles;

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(d) benchmark risks and incidents from year to year;

(e) benchmark incident data across the industry;

(f) generate reports on different elements of risk assessment and incidents reported; and

(g) any other purposes agreed to in writing by RiskSense Pty Ltd

Personal Information has the same meaning as defined in the Privacy Act 2014 (Cth).

Pre-Existing Material means any item or thing used in relation to this Agreement which existed prior to

the commencement of, or is developed outside the scope of, this Agreement (including, without

limitation, hardware, software tools and object libraries).

Program means the risk management program entitled “RiskSense” comprising a web-based software

solution to assess risk and record incidents, as described in the RiskSense Functionality Statement.

RiskSense Functionality Statement means the document entitled RiskSense Functionality Statement

which described the functionality of the Program, a copy of which has been provided to the Customer.

Service Schedule means each of the Service Schedules attached to and forming part of this agreement.

Service Schedule Commencement Date is the date specified as such in each applicable Service

Schedule.

Service Schedule Expiry Date is the date specified as such in each applicable Service Schedule.

Services means the services to be performed by RS in order to provide the Deliverables to Customer as

set out in the applicable Service Schedule.

Term has the meaning specified in clause 2.1.

Territory means Australia and New Zealand.

2 Term

2.1 Term of Agreement

This Agreement commences on the Commencement Date and continues until the later of:

Ongoing after the Commencement Date; or

(a) the expiration or termination of all Service Schedules,

unless the parties agree that this Agreement will be extended for a further period, in which case this

Agreement will automatically renew.

2.2 Duration of Service Schedules

Each Service Schedule commences on the Service Schedule Commencement Date and continues until

the expiration or earlier termination of this Agreement;

3 Scope of Agreement

3.1 Services and Deliverables

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This Agreement establishes the terms and conditions under which RS will perform the Services and

provide the Deliverables to the Customer.

3.2 Exclusivity

The parties acknowledge that nothing in this Agreement prevents RS from supplying the Services and/or

the Deliverables to another person.

4 RS Obligations

4.1 Licence

RS grants to the Customer a non-exclusive and non-transferable licence to access and use the Program

during the Term in the Territory for the Permitted Purpose strictly in accordance with the terms of this

Agreement.

4.2 Number of Authorised Users

The Customer:

(a) has acquired a licence for the number of Authorised Users set out in Item 1 of the Service

Schedule;

(b) must not allow more than the permitted number of Authorised Users to access or use the

Program; and

(c) must ensure that each Authorised User:

(i) maintains the confidentiality of their password; and

(ii) does not transfer to or permit another person to use their nominated password to access

the Program.

4.3 Services and Deliverables

RS will perform the Services and provide the Deliverables:

(a) in accordance with guidelines or policies identified in the applicable Service Schedule; and,

(b) in a safe, punctual, professional and diligent manner.

4.4 Training & Documentation

RS will provide the training and/or documentation specified in the applicable Service Schedule.

5 Customer obligations

5.1 Customer obligations in a Service Schedule

Customer must perform all obligations imposed on Customer under this Agreement and each Service

Schedule.

5.2 Systems

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Unless otherwise expressly stated in writing, Customer permits RS to use, and ensure that RS has

legitimate access to use, any of Customers systems to the extent required for RS to perform its

obligations under this Agreement.

5.3 Customer supplied items

(a) Where the parties agree that Customer will supply any items to assist RS in providing the Services

and the Deliverables, Customer must provide all such items at the location specified by RS or as

otherwise specified in each Service Schedule.

(b) If RS does not complete a Service or Deliverable in accordance with this Agreement or a Service

Schedule as a result of Customer’s failure to provide the items to be supplied by Customer within

the timeframe specified by RiskSense, then the timeframe for completion of the relevant Service

or Deliverable will be extended by the period Customer delayed in providing such items.

6 Inclusion of third party material

RS may include in a Deliverable any:

(a) content, software or other material in which a third party holds rights, if it has procured from

each relevant third party a licence which enables it to license the Deliverables to Customer in

accordance with the terms of this Agreement; and

(b) link to a third party’s software or web site.

7 Fees and payment

7.1 Customer to pay

Customer must pay the Fees detailed in each Service Schedule in accordance with this Agreement and

the applicable Service Schedule. Such payments must be made by Customer to RS within 30 days of RS

providing the Customer with an itemised invoice.

7.2 Reimbursement of expenses

In addition to the Fees, the Customer must reimburse RS for any expenses or disbursements incurred by

RS as approved in advance by the Customer.

8 GST

8.1 Definitions

In this clause 8 expressions which are not defined but which have a defined meaning in the GST Act have

the same meaning given to them in that Act.

8.2 GST payable by recipient of supply

If GST is imposed on any supply made under or in accordance with this Agreement, the recipient of the

taxable supply must pay to the supplier an additional amount equal to the GST payable on or for the

taxable supply subject to the recipient receiving a valid tax invoice in respect of the supply at or before

the time of payment. Payment of the additional amount will be made at the same time as payment for

the taxable supply is required to be made in accordance with this Agreement.

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9 Personal Information

9.1 Compliance with privacy obligations

Each party will ensure that they comply with their obligations under the Privacy Act 2014 (Cth) and any

other applicable legislation relating to the collection, handling, storage and disclosure of Personal

Information.

10 Intellectual Property Rights

10.1 Ownership of Program and Deliverables

The parties acknowledge and agree that RS owns all Intellectual Property Rights in the Program, in any

and all Deliverables under this Agreement and in any related data or databases that have been or are

created in connection with the Software, with the exception of data that is directly entered into the

system by the Customer. Such Intellectual Property remains the property of the Customer however the

Customer grants RS a perpetual irrevocable non-exclusive licence to use, reproduce and modify the data

for the purpose of data analytics.

10.2 Intellectual Property Rights retained by each party

All Intellectual Property Rights in the Pre-Existing Materials of RS are owned by RS or will vest in RS

when created. To avoid doubt, all rights in any software tools, object libraries or methodologies created

or enhanced by RS during the performance of this Agreement will be retained by RS.

10.3 RS licensed to use Customer intellectual property

Unless the Customer has advised otherwise in writing, the Customer grants to RS a non-exclusive,

irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, sublicense,

display, maintain, communicate to the public, adapt, modify or develop Customer’s Pre-Existing

Materials or any other data or materials supplied by the Customer to RS during the Term, to the extent

that they are incorporated in or provided to RS in connection with the Program.

10.4 Information Rights and Publicity

RiskSense may collect, store, use, and disclose, subject to the terms of its privacy policy, information

derived from your use of the RiskSense service. RiskSense will not share your personal information with

any third parties unless RiskSense;

(a) has Your consent for any personal information or any Third Party’s consent for the Third Party’s

personal information;

(b) concludes that it is required by law or has a good faith belief that access, preservation or

disclosure of personal information is reasonably necessary to protect the rights, property or

safety of RiskSense, its users or the public; and

(c) provides personal information in certain limited circumstances to third parties to carry out tasks

on RiskSense’s behalf (e.g. billing or data storage) with strict restrictions that prevent personal

information from being used or shared except as directed by RiskSense.

When this is done, it is subject to agreements that oblige those parties to process personal information

only on RiskSense’s instructions and in compliance with this Agreement and appropriate confidentiality

and security measures.

10.5 Moral Rights Consent to be provided

To the extent that Customer or its agents, employees, officers or contractors has Moral Rights in any

Pre-Existing Materials or any other data or materials supplied by the Customer to RS, Customer will,

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where reasonably possible, obtain a Moral Rights Consent from that person, and provide it on request

by and in a form acceptable to RiskSense.

11 Liability

The liability of RS under this Agreement and any Service Schedule under it is limited to a maximum set

out under its Information and Communication Technology insurance policy (of $2 million for any one

claim and $4 million in the aggregate for losses resulting from actions, errors or omissions; and $5

million for losses resulting from injury or property damage).

12 Termination

12.1 RS may terminate Agreement

Without prejudice to any other rights that RS may have, RS may terminate this Agreement immediately

by notice in writing if Customer:

(a) breaches any term of this Agreement and:

(A) the breach is not capable of remedy; or

(B) the breach is capable of remedy but is not remedied within 10 days of written

notice from RiskSense; or

(b) Customer becomes subject to any form of insolvency administration.

13 Other Issues

13.1 Sub-contracting

RS may engage contractors to work on its premises as part of its project team to code, design, support,

host and conduct other functions.

13.2 Entire agreement

This Agreement constitutes the entire agreement between the parties relating to its subject matter.

13.3 Assignment

The benefit of this Agreement may not be assigned by Customer without RiskSense’s prior written

consent.

13.4 Variations

The provisions of this Agreement may only be varied by agreement in writing executed by the parties.

13.5 Execution of documents

Customer must sign all documents and do all things necessary or desirable to give effect to this

Agreement and must procure Customer’s officers, employees, contractors and agents to do likewise.

13.6 Governing law

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This Agreement will be governed by and construed according to the law of the State of New South

Wales and the parties irrevocably submit to the jurisdiction of the courts and tribunals of that State.

13.7 Inconsistencies

The body of this Agreement will prevail over the Service Schedules to the extent of any inconsistency.

September, 2018

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