Who May Use The Services

•  Eligibility and Use of Services

To use the Services, you must be at least 18 years old. If you are under 18, you must have the guidance, assistance, and consent of your parents or guardians, who will be responsible for your actions regarding the Services. If you are legally incapacitated or unable to agree to this contract, you are prohibited from using the Services. The Services must only be used for legitimate and moral purposes.

You are not allowed to use the Services on behalf of someone else unless you have their express permission.

•  Technical Requirements

The Services require an appropriate internet connection, a compatible device, and the correct software settings and updates for optimal performance. The quality of the Services may be affected by these factors, as well as your computer settings and internet resources. The Company is not responsible for any subpar or imperfect execution of the Services due to these variables or any inadequate, incorrect, or improper configurations or settings.

•  Company Discretion

The Company has the exclusive right to decide who can use its Services. It reserves the right to accept, retain, or ban any user, and to determine where and on which devices its Services are available. The Company does not guarantee that its Services will be available 24/7, as there may be downtime due to upgrades, maintenance, viruses, or other incidents beyond the Company's control.

•  Geographical Limitations

While the Services are primarily designed for use in Australia, the Company may offer or execute the Services for users outside Australia at its sole discretion.

Services Description

Our website provides a platform for organisations to assess their cyber security posture. We specialise in performing assessments and gap analyses against the “Australian Centre for Cyber Security Essential 8” (ACSC E8), a cyber security framework in Australia designed to enhance cyber security.

Our services are designed to replace the need for a consultant, allowing IT Managers or any authorised personnel within a company to complete a comprehensive questionnaire. This questionnaire, is designed to gather information about the organisation’s current cyber security measures.

Based on the responses to the questionnaire, a report is generated and sent to the user. This report provides an analysis of the organisation’s current maturity level against each strategy of the ACSC E8. It also provides actionable recommendations on how to uplift their maturity level.

We cater to two types of customers:
Individual Organisations: These customers can complete the questionnaire for a fixed price and receive a report. They have the option to repeat the process at a later date for an additional fee.

IT Integrators/Consultants: These customers can pay an annual subscription fee and complete as many questionnaires as they wish for their clients throughout the subscription period, subject to the Fair Use Policy Described below.

Our goal is to empower organisations to take control of their cyber security, providing them with the tools and insights they need to help protect themselves. Our services are designed to be user-friendly, efficient, and cost-effective, making cyber security more accessible and manageable for all.

The description, service fees, and/or subscription packages for each of the foregoing services may be further described in the pricing page and other pages of the Site of the Company, which are also considered incorporated into this agreement.

In case of conflict between this agreement and the specific product page, the former shall prevail to the extent of the inconsistency.

Fair Use Policy

To ensure fair usage and prevent abuse, we reserve the right to impose a reasonable limit on the number of questionnaires or assessments which a subscriber may undertake, in our sole discretion. As part of our commitment to maintaining a fair and equitable system, we set a maximum of 10 assessments per month for each subscribed IT Integrator/Consultant. This limit ensures that all users have equal access to our platform and resources. If we observe excessive usage beyond the specified limit, we may take the following actions:

Warning: We will notify the user about their excessive usage and encourage them to adhere to the fair use policy.

Subscription Adjustment: If the behaviour persists, we may adjust the subscription by limiting the number of assessments allowed.

Cancellation: We reserve the right to cancel the subscription for any violation of the Fair Use Policy.

Service Prices and Packages

Each service is elaborated in detail on our pricing page, where you can also find information about specific fees and subscription packages.

Service Fees and Terms

By availing of any of the Company’s services or subscription packages, you agree to fulfil your obligation to pay the associated fees prior to the delivery of these services. The services will commence on the agreed-upon start date. If you have subscribed to a package, it will automatically renew monthly for monthly packages, annually for annual packages, and so forth, unless a written termination is submitted 15 days before the end of the current subscription period.

You agree to ensure that all fees are received by the Company in full before the start or renewal date of any services. You are responsible for covering any additional charges, such as payment facility fees, taxes, interest, or other local or international charges. If there has been an error in the amount billed or charged to you, the Company reserves the right to levy additional charges to collect any taxes, payment facility charges, or other fees necessary to ensure receipt of the full subscription fee without deductions.

Modification of Pricing and Billing Terms

The Company retains the right to introduce new services, adjust fees, and modify subscription costs. In the event of such changes, you agree to bear all necessary charges, including those related to payment facilities, taxes, and any other fees resulting from the price adjustments.

Any changes to subscription prices will take effect immediately upon thirty days written notice and at the start of the next billing cycle after such notice. If you disagree with an increase in subscription prices, you may terminate your contract by written notice before such an increase takes effect.

Guarantees and Disclaimer

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

•   to cancel your service contract with us; and

•   to a refund for the unused portion, or to compensation for its reduced value

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Apart from the aforementioned mandatory guarantees for users of the Services within Australia and where the Australian Consumer Law is Applicable, the Company's Services are only provided to you on an absolute “AS IS, WHERE IS” basis, without any express or implied warranties, and in furtherance thereof, the Company imparts (to the greatest extent that is permissible where the Australian Consumer Law is Appliable) the following disclaimers and conditions considering its Services:

• While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of any aspect of the Services, any content on the website, or the information, products, services, or related graphics contained or generated from the Services. Any reliance you place on such information or any aspect of the Services is therefore strictly at your own risk.
• In no event will we be liable for any loss or damage including without limitation, direct, indirect or consequential loss or damage, or any loss or damage whatsoever relating to the Services or any associated report.
• For the Services, we do not validate the answers provided in the questionnaire. The report generated is based solely on the information provided by the user. We are not responsible for any inaccuracies in the report due to incorrect or misleading information provided in the questionnaire.
• Recommendations made in the report are intended to improve security but do not guarantee complete protection against cyber-related issues. We are not liable for any issues that arise despite following our recommendations.
• We take data security seriously – however, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your data, we cannot guarantee its absolute security. In the event of a data breach, we will take all reasonable steps to mitigate the impact and notify affected users.
• By using our website and services, you agree to this disclaimer, and that you solely and assume all risks associated with the use of our Services. If you do not agree with any part of this disclaimer, you should not use our website or services. This disclaimer is subject to change without notice. It is the responsibility of the user to check for updates to the disclaimer.
• The Company does not accommodate requests for refunds due to “change of mind”.
• In no case shall the Company, its Services, or any of its owners, shareholders, managers, directors, agents, or employees be liable to you for any of the products, listings, content, or information which can be found on its Services, and the Company disclaims any liability which may arise from any defects, damages, errors, or omissions in connection with its Services.

Services: Guidance Only and always subject to your Independent Verification

The information provided through our cyber security assessment services is intended for guidance purposes only. It is based on the data and responses provided by the customer during the assessment process. We emphasize the following points:

Non-Validation: The recommendations, assessments, and security measures suggested are derived from the information you provide. We do not independently validate or verify the accuracy, completeness, or effectiveness of this data.

Customer Responsibility: It is the responsibility of the customer to ensure the accuracy and relevance of the information shared. We recommend that you review and validate the data before implementing any recommendations.

Expert Review: Prior to or after the installation or configuration of any security measures, we strongly advise seeking the expertise of qualified professionals. An independent review by cyber security experts ensures that the recommendations align with your specific context and needs.

Risk Acknowledgment: By using our services, you acknowledge that the information provided is subject to inherent risks. Any reliance on our guidance is at your own discretion and risk.

No Liability: We shall not be liable for any consequences arising from the use, implementation, or misinterpretation of the recommendations. Customers are encouraged to seek professional advice to assess the suitability of the proposed security measures.

Payment and Collection of Information

By using the Services, you acknowledge that you may be required to make payments to the Services, or third-party payment facilities associated with the Services. You consent to the Services collecting any necessary personal information, credit card details, or other relevant data to facilitate potential or actual payments to the Services, its owner, or any third-party payment gateways or facilities associated with the Services.

You also agree to authorise the Services to charge and collect payments from you, using the specific payment method you provided or based on the payment information you provided. By providing your payment method or indicating your intent to purchase on the Services of the Company, you grant the Services, the Company, or its third-party Payment Facilities the authority to charge, debit, or collect amounts from your credit card, debit card, payment processors, bank accounts, or any other payment method as applicable.

You agree that, apart from mandatory guarantees under the Australian Consumer Law (applicable only to users of the Services within Australia), any payments charged by the Services, the Company, or third-party payment facilities are non-refundable. However, at their sole discretion, the Services, the Company, or third-party payment facilities may choose to refund payments you made.

By availing of or subscribing to our cyber security assessment services, you acknowledge and agree to the collection of information related to your company’s cyber security. This information is essential for conducting thorough assessments and identifying vulnerabilities. We take privacy seriously, and your data will be handled in accordance with applicable laws and regulations as well as our privacy policy. The questionnaire you complete may ask for sensitive information, such as details of security protocols, network configurations, vulnerability reports, and more. By using the Services, you agree that you solely assume the risk associated with your sharing of sensitive information. By continuing to use our services, you signify your understanding of the importance of this data collection process and your consent to provide the necessary information. The company shall not be held liable (to the greatest extent as may be permitted by applicable law) for any consequences arising from the use of the collected information during the assessment process.

User Information

Before you can use the Services or make any purchases on the website, the Company may ask you to register as a user or provide your personal information. It is your sole responsibility to ensure that the information you provide is both relevant and accurate, and you agree to keep it up to date.

The Company may require various details from you, including but not limited to, payment information, a username, password, mobile phone number, address, and email. The Company reserves the right to request any additional information necessary for its services. You agree to take full responsibility for the security of your account at all times.

In the event of any unauthorised access or breach of your account, email, or information, you must notify the Company immediately. The Company will not be held liable for any unauthorised use of your account or any inaccuracies in the information provided. If such unauthorised use results in any damage or liability to the Company, you agree to fully indemnify the Company for any claims, litigation expenses, and liabilities that may arise in connection with such unauthorised use.

User Behaviour

The Company's Services are to be used solely for legitimate purposes. Any use of the Services for immoral or illegal purposes is strictly prohibited.

In addition to adhering to this agreement, you expressly agree to abstain from the following prohibited activities:

1. Participating in pyramid schemes, contests, phishing, or spamming activities on the Services.

2. Posting or disseminating content that is typically viewed as obscene, offensive, illegal, defamatory, or infringing on the intellectual property rights of third parties or the Company.

3. Utilising scripts or software on the Services.

4. Introducing viruses, harmful files, or documents, or engaging in hacking activities that could damage the Services.

5. Mistreating, bullying, or offending any other member or user of the site.

6. Harassing or stalking other members.

7. Using the site as a tool for lead generation and for building business or contact lists without the Company's permission.

8. Engaging in fraudulent or deceitful activities on the Services.

9. Engaging in any other acts that are unlawful, immoral, or in violation of these terms and conditions.

By using the Services, you fully agree to these terms and conditions.

User Indemnity

As a user of the Services, you are expected to uphold the Company’s reputation in all your actions, transactions, and interactions. It is imperative that you adhere to these terms and conditions, as well as any applicable laws.

In the event that your actions expose the Company to potential, actual, or threatened liability, or cause the Company to incur damages, you agree to fully indemnify the Company. This includes covering any litigation costs or expenses incurred in enforcing the Company’s claims that may arise directly or indirectly from your actions.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO CASE SHALL THE SERVICES OR THE COMPANY, ITS OWNERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, SHAREHOLDERS OR AGENTS BE LIABLE TO YOU FOR ANY ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING ANY PRODUCTS PURCHASED THEREON, OR ANY OTHER TRANSACTION CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THE COMPANY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

SHOULD ANY LIABLITY BE IMPUTED ON THE COMPANY OR ITS ASSOCIATED PERSONS, WHICH ESCAPES THE PROTECTION OF THE PREVIOUS PARAGRAPH AND WHICH IS IMPUTED THROUGH THE DISPUTE RESOLUTION MECHANISM UNDER THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE PURCHASE YOU MADE RELATING TO THE DISPUTE.

FOR USERS WITHIN AUSTRALIA, AND WHERE THE AUSTRALIAN CONSUMER LAW IS DEEMED APPLICABLE, THE APPLICATION OF THE LIMITATION OF LIABILITY UNDER THIS SECTION SHALL BE TO THE MAXIMUM EXTENT PERMISSIBLE BY THE AUSTRALIAN CONSUMER LAW.

Termination Clause

The Company reserves the right to terminate this agreement at any time if the user breaches any of the terms and conditions. Upon such termination, the user must cease all use of the website and services, and the Company may, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to the user and deny the user’s access to and use of this website in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. The user furthermore agrees that the Company shall not be liable to the user or any third-party for any termination of the user’s access to the website and services.

Amendment Clause

The Company reserves the right to amend these terms and conditions at any time. Any amendments will be effective immediately upon notification on this website. Your continued use of the website and services following such notification will represent an agreement by you to be bound by the terms and conditions as amended. It is your responsibility to be aware of any changes made to these terms and conditions and to review this agreement periodically to ensure you are aware of any changes. We are not obligated to provide you with notice of any changes. Your use of our website and services following any amendments indicates that you accept the amendments.

Third Party Links

The Company holds the right to incorporate links into the Services, which could potentially include advertisement or affiliate links that may generate commission for the Company. These links may lead to third-party sites over which the Company has no control in terms of content or terms. Consequently, the Company cannot be held liable for any harm, damage, or risk you may encounter as a result of accessing these links. Additionally, in the context of cyber security assessment reports, if we include links to external resources for improving cyber security (such as guides on implementing specific controls), the same disclaimer applies. Users should independently verify and assess the suitability of any recommendations provided through such links.

Intellectual Property

By using the Services, you agree to respect the Company’s intellectual property rights, including but not limited to trademarks, copyrights, patents, and all content and services available on the site. You commit not to infringe upon these rights and not to use them without the Company’s explicit permission.

Severability

Should any portion of these Terms and Conditions or our Privacy Policy be deemed illegal or unenforceable by a court or administrative body of competent jurisdiction, this will not impact the validity of the remaining provisions, which will continue in full effect. If allowed by law, the unenforceable provision will be automatically modified as necessary to rectify the illegality or unenforceability.

Jurisdiction

Any dispute concerning the interpretation or enforcement of this agreement shall be done in accordance with the laws of Australia. Furthermore, any judicial actions concerning any disputes arising from this agreement shall be commenced in the courts of Australia, to the exclusion of all other courts.

Last updated on: 10th December 2023