Terms and Conditions of Use

Terms and Conditions of Use

Welcome to Incite, an online R&D Project Management software system that enables eligible companies to effectively manage their R&D knowledge transactions. These Terms and Conditions of Use are intended to explain our obligations as a service provider and your obligations as a customer. Please read them and the associated documentation carefully.

These Terms are binding on any use of the System and apply to you from the time that you are provided with access to the System by Incite.

Incite reserves the right to change these terms at any time, effective upon the posting of modified terms and Incite will make every effort to communicate these changes to you by notification via the Website or the System. It is likely the terms of use will change over time and it is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website.

By registering to use the System you acknowledge that you have read and understood these terms and have the authority to act on behalf of any person for whom you are using the System. You are deemed to have agreed to these terms on behalf of any entity for whom you use the System.

 

rdmLIVE Software Licence

The rdmLIVE Software Licence forms part of these Terms and Conditions of Use and can be accessed here. By registering to use the System you acknowledge that you have read and understood the terms contained in the rdmLIVE Software Licence Agreement.

 

Fees

You agree to pay our fees on the basis set out in the Fees section of the Website.

 

Data Hosting

We use Rackspace Managed Cloud Servers, a third party provider of cloud-based data hosting, to host rdmLIVE. Our Rackspace servers are based in Australia and all data is backed up daily. We store the information in the cloud environment in an encrypted format. You acknowledge that any information inputted into rdmLIVE (including any personal information) will therefore be transferred to Rackspace.

You agree that in no event shall Incite or its beneficiaries be liable for any loss of any kind (including loss of your data) arising from an act or omission (including a negligent or dishonest act or omission) of Rackspace, which may include the following:

  1. rdmLIVE being subject to scheduled or unscheduled downtime;
  2. The failure (or absence) of measures to secure the information against accidental or unlawful loss, access or disclosure;
  3. Suspension of access to rdmLIVE; or
  4. Erasure or modification of the uploaded information.

As an “End User” of the Rackspace product, you agree not to do anything or omit to do anything that would give rise to liability of Incite (if it were our act or omission) under the Acceptable Use Policy and related documentation available from www.rackspace.com.au/legal as modified from time to time.

 

Trial policy

When you first sign up for access to the System you can evaluate the System for a period of 14 days with no obligation to continue to use the System after this period. If you wish to continue using the System you can arrange to do so at any time during the trial period by contacting Incite to arrange payment of the licence fee. If you choose not to continue using the System Incite will delete your organisation from the System at the end of the trial period.

 

Privacy Policy

This System involves the storage of data about a company or individual. Such data can include personal information which is information about an identifiable individual, and may include information such as the individual’s name, email address and telephone number.

Incite may collect such personal information directly from you when you:

  • register to use the System,
  • use the System,
  • contact us, and
  • visit our Website.

You can always choose not to provide us with your personal information but this may mean that we are unable to provide you with access to the System.

Through your use of the System, Incite may also collect information from you about someone else, such as when they are set up for access to the System. If you provide us with personal information about someone else, you must ensure that you are authorised to disclose that information to us and that, without Incite taking any further steps required by applicable data protection or privacy laws, we may collect, use and disclose such information for the purposes described in this Policy.

This means that you must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, our identity, and how to contact us.

Where requested to do so by Incite, you must also assist us with any requests by the individual to access or update the personal information you have collected from them and entered into the System.

Incite collects your personal information so that we can provide you with the System and any related services you may request. In doing so, we may use the personal information we have collected from you for purposes related to the System including to:

  • verify your identity,
  • administer the System,
  • notify you of new or changed services offered in relation to the System,
  • carry out marketing or training relating to the System,
  • assist with the resolution of technical support issues or other issues relating to the System,
  • comply with laws and regulations in applicable jurisdictions, and
  • communicate with you.

By using the System, you consent to your personal information being collected, held and used in this manner and for any other use you authorise. Incite will only use your personal information for the purposes described in this Policy or for other purposes only with your express permission.

By using the System, you agree that Incite can access, aggregate and use non-personally identifiable data collected from you. This data will in no way identify you or any other individual.

Incite may use this aggregated non-personally identifiable data to:

  • assist us to better understand how our customers are using the System,
  • provide our customers with further information regarding the uses and benefits of the System, and
  • otherwise to improve the System.

Incite is committed to protecting the security of your personal information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. Your personal information is stored on secure servers that have SSL Certificates and all data transferred between you and the System is encrypted. You can find out more about our security arrangements and data protection measures on our security page.

However, as the Internet is not in itself a secure environment we cannot give an absolute assurance that your information will be secure at all times. Transmission of personal information over the Internet is at your own risk and you should only enter, or instruct the entering of, personal information to the System within a secure environment.

We will advise you at the first reasonable opportunity upon discovering or being advised of a security breach where your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.

Incite will only disclose the personal information you have provided to us to other entities if it is necessary and appropriate to facilitate the purpose for which your personal information was collected pursuant to this Policy, including the provision of the System.

Incite will not otherwise disclose your personal information to a third party unless we have your express consent. However, you should be aware that Incite may be required to disclose your personal information without your consent in order to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify you of any such requirement.

The third parties who host our servers do not control, and are not permitted to access or use your personal information except for the limited purpose of storing the information.

We’ll only keep your personal information for as long as we require it for the purposes of providing you with access to the System. However, we may also be required to keep some of your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.

The System may allow you, the Subscriber, or another Invited User within the relevant subscription to the System to transfer data, including your personal information, electronically to and from third-party applications. Incite has no control over, and takes no responsibility for, the privacy practices or content of these applications. You are responsible for checking the privacy policy of any such applications so that you can be informed of how they will handle personal information.