Acceptance of Terms
RedRisks (“RedRisks”) provides consultancy services, online media, eProducts and website services to you subject to the following Terms and Conditions.
If you do not agree to the T&C, then you should not use the RedRisks website and associated products.
1.1 Access to and use by you of the any digital downloads is subject to these T&C.
1.2 The ordering of the any digital downloads constitutes your acceptance of these Terms and Conditions that take effect at the time of your order.
1.3 Please read these Terms and Conditions carefully. By purchasing a digital download(s) you are accepting that you agree with these Terms and Conditions.
1.4 RedRisks reserves the right to change these Terms and Conditions at any time. You are responsible for checking the RedRisks website (www.redrisks.com) to obtain notice of any such changes. Continued use by you of the digital downloads following any such changes constitutes your acceptance of these Terms and Conditions as amended by the posted changes.
1.5 If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
1.6 These Terms and Conditions shall be governed by and construed in accordance with English Law and the English courts shall have exclusive jurisdiction for hearing any dispute arising under these Terms and Conditions.
1.7 The failure of RedRisks to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
1.8 The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
1.9 For the purposes of these Terms and Conditions, a user is defined as the person in charge of the product downloaded and/or the person placing the order.
2 Access to Digital Downloads
2.1 Whilst RedRisks endeavours to ensure that the Digital Downloads are available 24 hours a day, RedRisks will not be liable if for any reason they are unavailable at any time or for any period. RedRisks does not guarantee the functions contained in the downloads will be uninterrupted or error-free, that this will be free of viruses or other harmful components, or that this cannot be tampered with by third parties.
2.2 Access to this the digital downloads may be suspended temporarily, without notice. RedRisks shall not be liable to the user or any third party for the suspension of the licence.
3 Information and Links on the Digital Downloads
3.1 Whilst RedRisks endeavours to ensure that the information on our digital downloads is correct, no warranty, express or implied, is given as to its accuracy and RedRisks does not accept any liability for error or omission.
3.2 Downloads may from time to time contain links to third party websites which are controlled and operated by parties other than RedRisks. RedRisks is not responsible for the contents of any linked sites. Access by you to a linked portal is at your own risk. Third parties are responsible for ensuring that materials submitted for inclusion on this portal comply with national and foreign law. We cannot guarantee the accuracy or compliance of this material and expressly disclaim any responsibility for error, omission or inaccuracy in the material.
3.3 The inclusion of any link to a third party site or of advertising of third party goods or services on our downloads does not imply any endorsement by RedRisks of the linked websites or of any advertised goods or services.
3.4 We welcome the reporting of any errors found in our Digital Downloads or information relating to products and services. Please get in touch using the Contact form provided on the website.
4 Limitation and Exclusion of RedRisks Liability
4.1 RedRisks shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use our Digital Downloads, or any material contained in it, or from any action or decision taken as a result of using our downloads or any such material.
4.2 Nothing in these Terms and Conditions shall limit RedRisks liability for death or personal injury caused by its negligence. These Terms and Conditions do not affect or prejudice your statutory rights.
4.3 RedRisks entire liability to you in contract, tort (including negligence) or otherwise will be limited to the cost of the Product downloaded.
4.4 Save as expressly set out in these Terms and Conditions all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, are excluded to the fullest extent permitted by law.
4.5 Users of any RedRisks product purchased from RedRisks are solely responsible for their own safety, both physical and digital.
5 Use by you of our Digital Downloads
5.1 You must use our Digital Downloads in a lawful manner consistent with all applicable laws and regulations.
5.2 You must not use our Digital Downloads or any connected service to:
5.2.1 To send, receive, upload, download, store, use, distribute or publish any material that is offensive, defamatory, obscene, or which breaches any other person’s intellectual property rights;
5.2.2 To send unsolicited emails or messages or to collect or store personal data about other users of the digital downloads without their consent or for any other purpose in breach of the Data Protection Act 1998;
5.2.3 To carry out any activities to obtain lists of users;
5.2.4 to use or transmit through our Digital Downloads any material that contains viruses or use any software designed to interrupt the functionality of any computer software or hardware or this portal;
5.3 You agree to indemnify RedRisks and hold RedRisks harmless against any claims, and reasonable costs or expenses resulting from your use of our digital downloads or related services in breach of clause 5.
5.4 Use by you of our Digital Downloads is subject to our fair use policy which is determined by the sole discretion of RedRisks. Should RedRisks consider your Digital Download use to be in breach of what RedRisks considers to be fair use, RedRisks reserves the right to terminate applicable Digital Download licences immediately and without notice.
5.5 Use by you of Digital Downloads in breach of this clause 5 entitles RedRisks to terminate immediately your access, licence and use of RedRisks Digital Downloads.
6 Proprietary Rights
6.1 You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in our Digital Downloads, including but not limited to text, software (including applets), music, sound, photographs, graphics, video, page layout, are protected by copyrights, trade marks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only on the bases expressly set out below and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of such content or information is prohibited without the prior express written authorisation of RedRisks.
6.2 You acknowledge that the copyright, design right and all other intellectual property rights in any product purchased from RedRisks and any other documents or items prepared or produced in relation to the RedRisks belong to us absolutely. The names, images and logos identifying RedRisks are propriety marks of RedRisks:
6.3.1 Use of documents and related graphics contained within the downloads, the downloads themselves are for non-commercial use only;
6.3.2 Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use only;
6.3.3 No part of the content contained within our Digital Downloads may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without RedRisks prior written permission.
6.4 The copying, reproducing, transmitting, distributing, or creating of derivative works of the content or information contained in this portal or from resources downloaded or created from our Digital Downloads are prohibited without the prior express written authorisation of RedRisks.
6.5 Any rights not expressly granted in these Terms and Conditions are reserved to RedRisks.
7 Terms of Sale
7.1 Refunds and cancellations
7.1.1 All purchases of Digital Downloads are final. You cannot cancel your purchase of a Digital Download(s) once delivery has started, including via download or by us making it available to you attached to an email or via the cloud. By placing an order to purchase a Digital Download, you acknowledge and agree to this. We do not refund nor accept returns of Digital Downloads, except as required by law or unless indicated otherwise on the Digital download page. Once you purchase a Digital Download we make it available to you immediately or within 2 working days, you are responsible for downloading (if applicable) and confirming your ability to access downloads, including retrieving the licence key for the downloads if applicable, and bear all risk of loss after downloading the Digital Download or retrieving the licence key, including any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access a digital download, please contact RedRisks for assistance.
7.1.2 Where we are unable to fulfil the licence (if applicable) for the download you have ordered, we will issue you with a refund within 7 days of your order, by crediting the card with which you paid for your order.
7.2.1 By purchasing a licence, by whatever means, you are acknowledging that you have received authorisation for this expenditure from the relevant person at your institution.
7.3 Legal interpretation
7.3.1 The materials provided by RedRisks cannot be relied upon for legal interpretation. Neither RedRisks nor its employees, trainers or consultants can accept responsibility for the actions of a licenced or sub users, or responsibility for any loss incurred as a result of relying on the digital downloads.
9 Currency and Export Restrictions
9.1 All orders processed will be conducted using the currency stated for the Product to be downloaded, typically USD or GBP.
10 Your Licence
10.1 By purchasing a Digital Download, use are buying a Digital Product / License from RedRisks allowing you to access and use the Digital Download for the duration stated (if applicable). On purchasing a download you authorise us to charge your credit card immediately. If applicable, at the end of your 12 month licence period, your license will automatically renew, unless you inform us with 30 day’s notice that you would like to cancel your licence.
10.2 On termination of the licence (if applicable) for any reason, RedRisks reserve the right to withdraw all rights granted under the licence and the you shall discontinue the use of all material relating to the digital download across the whole organisation.
11.1 Only direct purchasers of the digital product may use and access the digital downloads.
By accessing and using our digital downloads , you agree that:
(i) you will not do anything which would assist anyone to gain access to the digital downloads; and
(iii) you will seek to modify the downloads; nor will you seek to pass off the content as your own.
You agree to notify us immediately if you become aware of any unauthorised use of the digital downloads within your business or organisation.
If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your license (if applicable) immediately and without prior notice.
We may terminate your license, at our sole discretion, by emailing you at the address you provided during your initial order, stating that the agreement has terminated.
By using our digital download, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use the downloads.
Last Updated: 4th August 2022