Ripple - Connecting eDNA with action

Date updated: 19 March 2025

Terms and Conditions relating to the eDNA Dashboards and Ripple

Introduction/ General
1. Epi-interactive Limited (EPI, us, our, we) has created an eDNA platform as a data science solution allowing eDNA data to be displayed and utilised in biosecurity, biodiversity and water quality management. The eDNA platform is displayed through a website currently using the name “Ripple”. The platform, underlying systems, website, app and dashboards, as they may be from time to time, including any successor or replacement of them, are collectively referred to in these Ripple Terms as Ripple.
2. You can access Ripple by visiting www.rippledna.com. Access to Ripple is restricted to authorised users of the Ripple website who are covered by a subscription for Ripple. You can find out information about each type of subscription on the website.
3. The Early Access subscription allows the relevant authorised user to access various functionality, information and services, including:
  - ◦ Access to live Ripple modules.
  - ◦ Basic and advanced search options, with a limited number of saved searches to each user’s account.
  - ◦ Downloads such as images, data and reports.
  • Basic support will be provided to user. Please contact us at support@rippledna.com.
4. The content and functionality of Ripple will change over time, including by adding, updating, substituting and/or removing parts of Ripple. We won’t make changes that will significantly reduce the benefit or increase the overall burden, when taken as a whole, unless we you advance notice and a chance to end your subscription before the changes take effect.
When these Ripple Terms apply
1. These are the terms and conditions (Ripple Terms) that apply when you or your personnel interact with Ripple or we send you a subscription confirmation in writing (Subscription Confirmation) that incorporates these Ripple Terms. The Subscription Confirmation will confirm whether you have a Basic Subscription or Pro Subscription (each a Subscription).
2. In these Ripple Terms, a person who interacts with Ripple or is the person named in the Subscription Confirmation is referred to as you or your.
3. These Ripple Terms and any Subscription Confirmation to you comprise our agreement with you in relation to Ripple (Agreement).
4. We encourage you to read our privacy policy, which is incorporated into these Ripple Terms and governs how we use and protect your personal information.
5. If you don’t agree to comply with these Ripple Terms, you must stop accessing any part of Ripple.
Buying a Subscription
1. Your Subscription will begin on the date described in your Subscription Confirmation.
2. If you have a valid Subscription, each Authorised User can view the relevant parts of the Ripple website but only if accessed by using the required log on process (such as using the required username, password and any authentication process). The name of each authorised user that is included in your Subscription is set out in the Subscription Confirmation (Authorised User).
3. Your Subscription is valid for the period set out in the Subscription Confirmation. After that period, your Subscription will end and you’ll need to buy a new Subscription and receive a new Subscription Confirmation if you want to continue using the Basic Dashboard or Pro Dashboard (as applicable).
4. You must pay the Subscription Fee set out in the Subscription Confirmation plus GST (if any) by the relevant payment date.
5. If you have not paid the fee for your Subscription (Subscription Fee) by the due payment date, you will no longer have a valid Subscription and we can suspend and/or end your access, and any Authorised User’s access, to Ripple.
6. Unless we agree otherwise, we don’t have to give any refund for a Subscription, even if you end your Subscription for other reasons.
One-week free trial
1. You can trial a Subscription for 7 days for free. If you do not want to continue your Subscription and you give us written notice within that 7-day trial period, we will not invoice you for that Subscription, your Subscription will end, and you and each Authorised User will not be entitled to access or use the restricted parts of the Ripple website.
Using your information
1. Unless we agree otherwise in writing (for example, in the Subscription Confirmation), each Dashboard may display information provided by a third party as well as information provided by you or on your behalf (either in the original or processed form of that information).
2. Unless we agree otherwise in writing (for example, in the Subscription Confirmation), you grant us a non-exclusive, irrevocable, perpetual, royalty-free, sub-licensable, transferrable, right to use, display, disclose, modify, combine, analyse, derive, adapt, store, delete and otherwise process your User Information for the purpose of Ripple (as it may be from time to time, including any successor or replacement of Ripple, as it may exist under any other name). User Information includes any eDNA-related data provided by you, either directly or indirectly e.g. on your behalf or through a third-party testing agency.
3. You warrant that, if we exercise our rights to the User Information in accordance with clause 5.2 and these Ripple Terms, we will not infringe a third party’s rights.
Additional or customised services
1. If you want to extend the capability or customise your use of Ripple, please contact us and we can discuss what is required and how we can help. Any work we carry out for you that is not part of our standard offering will be subject to our separate written agreement. The intellectual property in any capability or customisation we develop will be owned by us solely on creation or be assigned to us immediately afterwards, and we can use it freely.
Support
1. EPI will provide basic support services to you if you pay for a Subscription, as described above in paragraph 1.4 and 1.5, as applicable.
2. If you need additional support regarding your Subscription, please contact us.
3. If you have purchased additional or customised services, as described in paragraph 7.2, we may charge an additional amount for support.
4. In the event of planned maintenance, we will notify you of the period of unavailability. If there is a technical issue preventing your use of the Dashboard for a prolonged period, we will also notify you.
Your obligations
1. You agree to (and will ensure that each Authorised User will):
  - (a) access only the parts of Ripple that we permit from time to time;
  - (b) ensure passwords and login credentials are kept secure and confidential; and
  - use Ripple website in a way that complies with all applicable laws and regulations.
2. You agree not to:
  - (a) let your personnel access content on the restricted parts of the Ripple website unless that person is an Authorised User under your Subscription;
  - (b) damage or harm Ripple, or any underlying or connected network or system;
  - (c) adapt, alter, modify, revise, copy, distribute, create derivative works from, reverse engineer, decompile or commercially exploit all or any part of Ripple;
  - (d) resell, distribute, reproduce any part of Ripple in any way for any purpose (or allow anyone else to);
  - (e) interfere in any way, attempt to interfere or cause or permit interference with Ripple;
  - (f) use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access Ripple, or any part of it, for any purpose;
  - (g) introduce any viruses, content or code to Ripple, which is technologically harmful;
  - (h) do anything that could disable, overburden, or impair the proper working of Ripple, including a denial-of-service attack;
  - (i) use Ripple in any way that is unlawful, misleading, malicious or discriminatory;
  - (j) use Ripple in any way that would breach any person’s intellectual property or other rights; and/or
  - (k) solicit log-in information or access an account belonging to someone else.
Privacy
1. Protecting your privacy is important to us. Our privacy policy describes how we can use, collect and store your personal information. Please read our privacy policy carefully to understand how we collect and handle your personal information.
Ownership of User Information
1. Except as set out in these Ripple Terms or otherwise agreed with you, we do not have any right, interest or title in the User Information.
2. Any intellectual property or other rights in any analysis, data and/or content, which uses or is derived from the User Information, will be owned by us on creation or assigned to us immediately afterwards. You will have no ownership rights or title in Ripple or any branding, service names, trade names, collateral or materials associated with Ripple.
3. Any goodwill that is created in relation to Ripple as a result of the User Information and/or your use of Ripple will inure for our sole benefit.
Confidentiality
1. You agree keep our confidential information confidential and use it only for the purpose of accessing and using Ripple in accordance with our Agreement.
2. The obligation of confidentiality in paragraph 11.1 won’t apply to our information that is:
  - (a) in the public domain through no default of yours;
  - (b) received by you from a third party who is not required to keep that information confidential;
  - (c) developed by you independently of Ripple without reference to our confidential information; and/or
  - (d) required to be disclosed by law, in which case, as soon as you legally can, you will notify us of the requirement, the information you will disclose and the date you will disclose that information.
3. EPI has obligations to notify relevant government authorities in some circumstances, due to what EPI finds in the User Information (either in the User Information’s original or processed form). You agree that we can notify the relevant New Zealand and/or Australian authorities as required under law or if we consider (acting reasonably) disclosure is desirable. This paragraph takes priority over paragraph 11.1.
Intellectual Property
1. Except as set out in these Ripple Terms (including paragraph 10 above) or otherwise agreed with you in writing, you do not have any right, interest or title in any intellectual property or other rights in Ripple, including the Ripple website, any of the content (such as text, graphics, logos, data displays and icons) and/or any software code underlying and forming part of Ripple.
2. You can view, save, copy and print any part of the Ripple website (including content) that you have authorised access to for your personal use only. You must get written permission from us to otherwise use, copy, modify, or distribute any part of Ripple (including the content on our website) in any way.
3. If you provide us with feedback, ideas, comments or suggestions (Feedback):
  - (a) we can use that Feedback freely, without any limitation, acknowledgement or payment:
  - (b) all Intellectual Property Rights in your suggestions, and anything created as a result of your suggestions are owned solely by us on creation or will be assigned to us immediately afterwards.
Responsibility for security
1. You are responsible for maintaining the confidentiality of your login details and password. You must let us know immediately of any actual or suspected unauthorised use of your login details, password, use of your account or other breach of security.
2. We are entitled to rely on any act or omission that occurs through use of your login details and password, except where we have breached our security obligations under these Ripple Terms and are solely to blame for the unauthorised use.
Promotion and marketing
1. Unless otherwise expressed in writing, you agree that we can use and disclose your name and relationship with EPI for any advertising, marketing or other commercial activities which EPI may undertake in relation to Ripple and/or its business.
Website Analytics
1. We can use analytics tools (including cookies and Google Analytics) to collect data about the use of our website. Generally, this information is not personally identifiable data, but to the extent that it is considered personal information for the purposes of any applicable law or regulation, we will comply with our obligations under any such law or regulation and act in accordance with our privacy policy.
Liability
1. EPI will be liable to you under or in relation to these Ripple Terms only if we have breached these Ripple Terms.
2. You and we will not be liable for any loss, expense, cost, damage or claim (Loss) that is indirect or consequential, any Loss of profit, revenue, anticipated savings, business opportunity, goodwill, wasted expenditure, or the Loss of a third party.
3. If EPI is liable under these Ripple Terms, our maximum liability to you in relation to these Ripple Terms is limited to a maximum aggregate of $NZ 10,000 across all affected persons for any event or series of related events (Aggregate Customer Cap). If the Aggregate Customer Cap applies, we will allocate that amount among the relevant affected persons, as we (in our sole discretion) see fit. Regardless of whether the Aggregate Customer Cap applies, our maximum liability to each affected person for any event or series of related events will be $NZ 10,000. Regardless of how many events or series of related events EPI is liable for, the maximum amount EPI will be liable under these Ripple Terms across all affected persons for any event or series of related events in each calendar year is $NZ 10,000.
4. The above limitations do not apply to your obligation to pay any amount owing to us.
5. The monetary limitation set out in these Ripple Terms does not limit our liability to you if your Loss is caused by our fraud under these Ripple Terms.
6. The limitations of liability in this section apply regardless of whether the Loss arises under the law of contract, equity, tort (including negligence) or otherwise.
7. The content on Ripple is often dependent on the information provided by you and/or third parties. We do not give any representation, warranty or guarantee that any content on Ripple is accurate, complete, current, substantiated and/or not misleading, or that the Ripple website or any part of it will be fit for purpose, of merchantable quality, or interruption or error free.
8. You agree that we are not responsible for any decision, act or omission that you make in reliance on Ripple or any part of it.
9. Without limiting the above, we are not liable:
  - (a) to the extent you have contributed to the Loss, including through your fraud, misconduct, negligence and/or breach of these Ripple Terms;
  - (b) for your unauthorised use of Ripple;
  - (c) for any Loss caused by Ripple, including the website not being available, correct or fully functional at any given time;
  - (d) for any Loss or breach due to circumstances outside our reasonable control; and
  - (e) for any Loss or breach due to a cyber event where we have complied with these Ripple Terms.
Indemnity
1. You indemnify us for any direct or indirect loss, cost, damage or expense of any nature whatsoever suffered or incurred by EPI arising out of or in relation to any of your User Information, which infringes the Intellectual Property Rights or other rights of any third party. This indemnity will not apply to the extent the infringement arises as a direct result our breach of the Agreement.
Termination
1. Without limiting any other right or remedy available to EPI, we can, in our sole discretion, restrict, suspend and/or end your access to Ripple if:
  - (a) it is reasonably necessary (in our opinion) to do so for operational or commercial reasons;
  - (b) you don’t pay any amount owing to us for a period of more than 30 days after payment is due; or
  - (c) we believe on reasonable grounds you are breaching these Ripple Terms or there has been unauthorised access to your Subscription.
2. If we end your Subscription in accordance with clause 18.1(a) before the end of your Subscription Period for reasons within our control, we may give you a pro-rata refund to reflect the unused period of that Subscription.
Consumer Guarantees Act and Fair Trading Act
1. To the extent that you are in trade, and you are using the Ripple website in trade, you agree that the Consumer Guarantees Act 1993 does not apply. If you are using the Ripple website in trade, you agree that:
  - (a) in accepting these Ripple Terms you have not relied on any representations or other conduct by us; and
  - (b) you agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986.
2. This clause only applies to the extent we are legally permitted to contract out of the Consumer Guarantees Act 1993 and/or Fair Trading Act 1986, as applicable. In all other respects, your rights under those Acts remain unchanged.
General terms
1. You acknowledge these Ripple Terms, alongside our privacy policy and any Subscription confirmation from us constitute the entire agreement and supersede all prior oral or written agreements, understandings or arrangements relating to Ripple. All other implied terms, representations and warranties are excluded to the fullest extent legally permitted.
2. You agree not to assign or novate any rights or obligations under these Ripple Terms without our prior written consent. Any change of control of you (either directly or indirectly) is deemed to be an assignment.
3. No third party is entitled to the benefit of these Ripple Terms or to enforce these Ripple Terms.
4. EPI can vary these Ripple Terms by giving 90 days notice. That notice can be given by posting the updated Ripple Terms on the Ripple website. If the Ripple Terms are varied in a way that gives you a substantial increase in burden or decrease in benefit, you can terminate a Subscription by giving us written notice before the 90 day notice period ends. If you continue to use the Ripple website after the 90 day notice period, you will be deemed to accept the varied terms.
5. These Ripple Terms are governed by and construed in accordance with the laws of New Zealand and you agree to submit to the non-exclusive jurisdiction of the courts of New Zealand. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Interpretation
- Unless the context requires otherwise:
  - (a) a reference to the singular includes the plural,
  - (b) these Ripple Terms apply to each party’s successors and permitted assigns;
  - (c) any reference to an amount is stated before the addition of GST, which will be payable at the same time as the supply to which the GST relates;
  - (d) these Ripple Terms will continue to apply to any re-branding of Ripple (or subsequent brands); and
  - (e) headings are included for convenience and are not to be used to interpret these Ripple Terms.
Getting in touch
1. If you have any questions or concerns regarding these Ripple Terms and how they will apply to you, you can contact us at info@epi-interactive.com or +64 4 388 7884