V1.4 Last Updated: 07 Dec, 2022
Terms and Conditions
About the Website
Welcome to www.getmonita.io (the 'Website'). The Website provides users with a SaaS data observability platform. (the 'Services').
The Website is operated by RNA Digital PTY LTD (ABN 71 628 681 612) . Access to and use of the Website, or any of its associated Products or Services, is provided by RNA Digital. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
RNA Digital reserves the right to review and change any of the Terms by updating this page at its sole discretion. When RNA Digital updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by RNA Digital in the user interface.
Subscription to use the Services
In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ' Account').
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Your obligations as a Member
As a Member, you agree to comply with the following:
you will use the Services only for purposes that are permitted by:
you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify RNA Digital of any unauthorised use of your password or email address or any breach of security of which you have become aware;
access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of RNA Digital providing the Services;
you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of RNA Digital;
you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by RNA Digital for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website or its Services is prohibited.
Payment
Where the option is given to you, you may make payment of the Subscription Fee by way of:
All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .
Refund Policy
RNA Digital will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of RNA Digital makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund')
Copyright and Intellectual Property
The Website, the Services and all of the related products of RNA Digital are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by RNA Digital or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by RNA Digital, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
RNA Digital does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by RNA Digital.
RNA Digital retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
You may not, without the prior written permission of RNA Digital and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Privacy
RNA Digital takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to RNA Digital's Privacy Policy, which is available on the Website.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of RNA Digital make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of RNA Digital) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
Limitation of liability
RNA Digital's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that RNA Digital, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
The Terms will continue to apply until terminated by either you or by RNA Digital as set out below.
If you want to terminate the Terms, you may do so by:
RNA Digital may at any time, terminate the Terms with you if:
Subject to local applicable laws, RNA Digital reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts RNA Digital's name or reputation or violates the rights of those of another party.
Indemnity
You agree to indemnify RNA Digital, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
Dispute Resolution
Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.13.5. Termination of Mediation: If 3 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by RNA Digital is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Privacy Policy (GDPR)
We respect your privacy
RNA Digital Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).
"Personal information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
What personal information is collected
RNA Digital Pty Ltd will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.
You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
Additionally, we may also collect any other information you provide while interacting with us.
How we collect your personal information
RNA Digital Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
By providing us with personal information, you consent to the supply of that information subject to the terms of this PrivacyPolicy.
How we use your personal information
RNA Digital Pty Ltd may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
RNA Digital Pty Ltd will use personal information only for the purposes that you consent to. This may include to:
provide you with products and services during the usual course of our business activities;
administer our business activities;
manage, research and develop our products and services;
provide you with information about our products and services;
communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
investigate any complaints.
If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.
Disclosure of your personal information
RNA Digital Pty Ltd may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.
If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.
General Data Protection Regulation (GDPR) for the European Union (EU)
RNA Digital Pty Ltd will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
We process your personal information as aProcessor and/or to the extent that we are a Controller as defined in the GDPR.
We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
We do not collect or process any personal information from you that is considered "Sensitive Personal Information" under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.
You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.
Your rights under the GDPR
If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. RNA Digital Pty Ltd complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU
Except as otherwise provided in the GDPR, you have the following rights:
Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.
We may ask you to verify your identity before acting on any of your requests.
Hosting and International Data Transfers
Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to USA,United Kingdom.
We and our other group companies have offices and/or facilities in USA, United Kingdom. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from RNA Digital Pty Ltd's Data Protection Officer.
The hosting facilities for our website are situated in USA, United Kingdom. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European CommissionWebsite; the use of binding corporate rules, a copy of which you can obtain from RNA Digital Pty Ltd's Data Protection Officer.
Our Suppliers and Contractors are situated in USA, United Kingdom. Transfers to each of theseCountries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from RNA Digital Pty Ltd's Data Protection Officer.
You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
Security of your personal information
RNA Digital Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Access to your personal information
You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at legal@getmonita.io.
We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.
Complaints about privacy
If you have any complaints about our privacy practices, please feel free to send in details of your complaints to legal@getmonita.io. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
Changes to Privacy Policy
Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or noticeboard. Please check back from time to time to review our Privacy Policy.
Website
When you visit our website: When you come to our website (getmonita.io), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
Cookies: We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.
Third party sites: Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that RNA Digital Pty Ltd is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
This policy is in effect as of 12th July 2022
Sub Processors
Google LLC
Cloud infrastructure hosting
Customer Region
Web Analytics
USA
Google Auth SSO
MongoDB
Amazon Web Services
Email
Hubspot
Customer Relationship Management
Open AI
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