CyberSafe International General Terms and Conditions
CyberSafe International Pty Ltd ATF TOP Investment Trust (CyberSafe) and Customer
Welcome to CyberSafe! We’re excited that you’d like to use CyberSafe however before you do, we do need you to read and accept these terms. These are your legal rights and obligations, so please read the entire document. Unfortunately if you are unable to agree to our terms, then you will not be able to make use of our services. If you still have questions after you’ve read our terms, please go to CyberSafe to get in touch.
Last updated on 28 August 2020.
Words in bold will have the same corresponding meaning every time that it is used in these terms.
1. You and CyberSafe: When we say you or your, we mean both you and any entity or organisation that you are authorised to represent. When we say CyberSafe, we, our or us, we are referring to CyberSafe International Pty Ltd ATF TOP Investment Trust.
2. Services: Our services consist of all the services we provide now or in the future, including our cyber security training platform and IT related products.
3. Creating a subscription: When you create a subscription to use our services and accept these terms, you become a subscriber. If you’re the subscriber, you’re the one responsible for paying for your subscription.
4. People invited to use CyberSafe: An invited user is a person other than the subscriber who has been invited to use our services through a subscription, such as an employee of an organisation. All invited users must also accept these terms to use our services.
5. User roles and access: As a subscriber inviting others into a subscription, please take the time to understand the permissions you are granting to invited users.
6. The right to use our services: Whether you’re a subscriber or an invited user, we grant you the right to use our services (based on your subscription type, your user role and the level of access you’ve been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or – if you’re an invited user – until your access is revoked.
7. Subscriber responsibility: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it. For example:
- You control access to a subscription and decide who is invited to use our services that you have subscribed to as well as what kind of access the invited user has. You can change or stop that access at any time
- You are responsible for resolving any disputes with any invited users over access to your subscription
- You are responsible for all your invited users’ activity
8. Rules: Regardless of your role, when you use CyberSafe you agree not to:
- Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
- Resell, lease or provide our services in any way not expressly permitted through our services.
- Repackage, resell, or sublicense any leads or data accessed through our services.
- Commit fraud or other illegal acts through our services.
- Act in a manner that is abusive or disrespectful to a CyberSafe employee, partner, or other CyberSafe customer. We will not tolerate any abuse or bullying of our CyberSafe employees under any circumstances.
- Undermine the security or integrity of our systems or networks.
- Use our services in any way that might interfere with other people’s use or impair functionality.
- Access any system without permission.
- Introduce or upload anything to our services that includes viruses or other malicious code.
- Share anything that may be offensive, violates any law, or infringes on the rights of others.
9. Your responsibilities: You are responsible for providing true, accurate and complete information, including keeping your email address and other information up to date, and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You are also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards but you will ensure that passwords are very strong and comply with best practice.
10. Intellectual Property: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
Unless you’re in a free demo, you’ll need to pay for a subscription based on the pricing of your selected plan. Plans cannot be downgraded during the subscription period but can be upgraded. Where you choose to upgrade, a refund on the unused full months (part months not refunded) of the existing plan may be applied against the price of the upgraded plan.
11. Demo subscriptions: When you first sign up, you can opt for a free demonstration, based on the terms specified at the time. If you choose to continue using our services after the demo, you’ll be billed when you add your billing details into our services. You can choose not to continue using our services following a demo.
12. CyberSafe pricing plans: Your use of our services generally requires you to pay an annual subscription fee based on your subscription type (the subscription fee). The pricing plan consists of the subscription and subscription fees we offered you. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know. Depending on your region, subscription fees may be inclusive or exclusive of transactional taxes such as VAT or GST. Reference to the number of people per pricing tier (e.g. 1 – 10; 11-100; 101-500) represents the total number of unique employee email addresses that may access the account during the subscription period, not just the number of unique employee email addresses registered in the account at any one time. Where an employee leaves during the subscription period and is replaced by a new employee that represents two (2) unique employee email addresses during that subscription period.
13. Taxes for your use of our services: You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied. Your responsibility includes withholding tax if it applies. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes.
14. Additional services: You may choose to take advantage of additional services that CyberSafe offers – such as Information and Communication Technology Policies. These may incur an additional fee that we’ll let you know about when you sign up for those services.
15. Timely payments: To continue accessing our services, you must make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure accurate payment information is held on your account. If we do not receive timely payments we may suspend access to your subscription until the payment is made.
Data use and privacy
17. Confidentiality: You may not, at any time, disclose these terms and conditions or disclose any trade secrets, know-how, customer lists, pricing, policies, operating methods and processes, research projects or other information normally considered to be trade secrets or confidential information of the other party, to any third party without obtaining our prior written consent.
18. Security safeguards: While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user. Whatever the cause of any unauthorised access, your only recourse is to discontinue using our services.
19. Account security features: We may introduce security features to make your account more secure. We may require you to adopt some of these features. Where we make the use of security features optional, you're responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
20. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.
Maintenance, downtime and data loss
21. Availability: From time to time we may need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we will endeavour to notify you in advance but we cannot guarantee it.
22. Access: From time to time you may not be able to access our services and your data. This may happen for any number of reasons, at any time.
23. Data loss: Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services.
24. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
25. Problems and support: If you have a problem you can contact our support team by contacting us at email@example.com.
26. Modifications: From time to time we release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we will endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).
27. Feedback: We appreciate feedback and may use it without restriction.
28. Use of our services: You agree to use our services only for lawful business purposes and in line with the guidance we provide.
29. Limitations: Some of our services may be subject to limits such as a cap on the number of users per subscription tier.
30. No-charge services: Occasionally we may offer a service at no charge – for example a beta service, or a time-limited demo account. Because of the nature of these services, you use them at your own risk.
31. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month's written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination. If you do not provide one month’s written notice in advance you will be liable for the subsequent subscription period.
32. Termination by CyberSafe: CyberSafe may choose to terminate your subscription at any time by providing you with one month's written notice in advance. CyberSafe may also terminate or suspend your subscription or access to all or any data immediately if:
- you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
- you breach any of these terms and the breach cannot be remedied,
- you fail to pay subscription fees, or
- you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
33. No refunds: No refund is due to you if you terminate your subscription or CyberSafe terminates it in accordance with these terms.
34. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.
Liability and indemnity
35. Indemnity: To the extent permitted by law, you indemnify us against any claim, action, damage, loss, liability which we incur or are liable for in connection with the service including but not limited to any claim for breach of intellectual property rights, any loss arising from any part of these terms and conditions being void, voidable or unenforceable for any reason, anything done by us in exercise or purported exercise of our rights under these terms and conditions; and any breach by you of your obligations under these terms and conditions.
36. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the consumer law terms in section 42, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
37. Limitation of liability: To the extent permitted by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
- For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
- Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
38. Dispute resolution: If we are unable to resolve a dispute we have with you after attempting to do so informally, you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
39. No professional advice: CyberSafe is not a professional services firm of any sort, and isn’t in the business of giving professional advice. We may provide you with information we think might be useful in reducing your risk of a cyber attack, but this should not be seen as a substitute for professional advice and you agree that we are not liable for your use of the information in that way.
40. Force majeure: We shall not be liable by reason of any failure or delay in performance of any of our obligations due under these terms if such failure arises out of causes beyond our reasonable control.
41. Notices: Any notice you send to CyberSafe must be sent to firstname.lastname@example.org. Any notices we send to you will be sent to the email address you have provided us through your subscription.
42. Consumer laws: In situations where non-excludable warranties, guarantees or other rights are provided by law they still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise).
43. Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.
44. Excluded terms: The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
45. Blocking your access, disabling your subscription, or refusing to process a payment: We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk - like a potential breach of a law or regulation - associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice and at our sole discretion.
46. Relationship: Nothing in these terms is to be construed as constituting an agency, partnership, employment or joint venture relationship either between you and us, or between you and any other subscriber or invited user. You agree to remain solely responsible for resolving disputes between you and any other subscriber, howsoever they may arise.
47. Assignment or novation: CyberSafe may assign these terms - or any of our rights or obligations in these terms - to another entity as it deems appropriate.
49. Severability: If any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable or illegal, the remaining provisions shall continue to apply. You and we hereby agree to use best endeavours to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
50. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
51. Governing Law: The Parties agree that this Agreement shall be construed in accordance with the laws in force in Western Australian and the Parties irrevocably and unconditionally submit to the laws of Western Australia.