WEBSITE TERMS AND CONDITIONS OF USE

CYOODA SECURITY PTY LTD (ACN 162 768 934) (ABN 91162768934)

 

Introduction

These terms and conditions apply when you use this website (our website) which is owned and operated by Cyooda Security Pty Ltd.

By using this website, you accept all of the terms and conditions below. Should you disagree with these terms and conditions or part

of these terms and conditions, you must not use this website. All rights are reserved.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Cyooda Security Pty

Ltd’s use of cookies in accordance with the terms of Cyooda Security Pty Ltd’s privacy policy.

License to use website

Unless otherwise stated, Cyooda Security Pty Ltd and its licensors own the intellectual property rights in the website and material on

the website. Subject to the license below, all these intellectual property rights are reserved.

In accordance with these conditions, you may view, download and print pages from the website only for your personal use, subject to

the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• Reproduce any material from this website, for any purpose;

• Rent, sell or sub-license material from the website;

• Display any material from the website in public;

• Duplicate, copy or profit from any material on this website for a commercial purpose;

• Adapt or alter any material on the website; or

• Circulate material from this website, except for content expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within Cyooda Security Pty Ltd.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impair the accessibility of the website;

or in any way which is illegitimate, deceptive or damaging, or in connection with any illegitimate, deceptive or harmful purpose or

activity.

You must not use this website to duplicate, transmit, host, send, publish, use or distribute any material which consists of (or is linked

to) any computer virus, spyware, keystroke logger or any other malicious computer software.

You must not perform any systematised or automatic data collection activities of any kind, on or in relation to this website without

the express written consent of Cyooda Security Pty Ltd.

You must not use this website to broadcast or send unsolicited communications of any kind.

You must not use this website for any marketing purposed without Cyooda Security Pty Ltd’s express written consent.

Restricted access

Cyooda Security Pty Ltd reserves the right to restrict access to areas of this website, or indeed this entire website, at Cyooda Security

Pty Ltd’s discretion.

If Cyooda Security Pty Ltd provides you with a user ID and password to enable you to access restricted areas of this website or other

content or services, you must ensure that the user ID and password are kept confidential.

Cyooda Security Pty Ltd reserves the right to disable your user ID and password at its sole discretion without notice or explanation.

User content

In these terms and conditions, “user content” refers to material inclusive, but not limited to images, text, audio material, video

material and audio-visual material that you surrender to this website for any purpose.

You grant to Cyooda Security Pty Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish,

translate and distribute your user content in any existing or future media. You also grant to Cyooda Security Pty Ltd the right to sublicense

these rights, and the right to bring an action for infringement of these rights.

Your user content must not be unlawful or illegal and must not infringe any third party’s legal rights, and must not be capable of

giving rise to legal action, whether it be against you, Cyooda Security Pty Ltd or a third party.

You must not submit any user content to the website that is or has ever been the subject matter of any threatened or actual legal

proceedings or other grievance.

Cyooda Security Pty Ltd reserves the right to edit or remove any material submitted to this website, or stored on Cyooda Security Pty

Ltd servers, published on this website.

Notwithstanding Cyooda Security Pty Ltd’s rights under these terms and conditions in relation to user content, Cyooda Security Pty

Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Cyooda Security Pty Ltd makes no

representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Cyooda Security Pty Ltd does not warrant that:

• this website will be continiously available, or available at all; or

• the information on this website is exhaustive, accurate or non-misleading.

Nothing on this website constitutes, or is meant to represent advice of any kind. [If you require advice in relation to any matter you

should consult the appropriate professional.

Limitations of liability

Cyooda Security Pty Ltd will not be liable to you (in contract, tort or otherwise) in relation to the contents of, or use of this website:

• for any direct loss, to the extent that the website is provided free-of-charge;

• for any indirect, particular or consequential loss; or

• for any losses incurred in a business capacity such as loss of revenue, income, profits or anticipated savings, loss of

contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Cyooda Security Pty Ltd has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit;

and nothing in this website disclaimer will exclude or restrict Cyooda Security Pty Ltd’s liability in respect of any:

• fatality or personal injury caused by Cyooda Security Pty Ltd’s negligence;

• fraud or fraudulent misrepresentation on the part of Cyooda Security Pty Ltd; or

• matter that would be illegal or unlawful for Cyooda Security Pty Ltd to exclude or limit, or to attempt or purport to exclude

or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Cyooda Security Pty Ltd has an interest in limiting the personal liability of its officers

and employees. You agree that you will not bring any claim against Cyooda Security Pty Ltd’s officers or employees in respect of

any losses you suffer in association with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website

disclaimer will protect Cyooda Security Pty Ltd’s officers, employees, subsidiaries, agents, successors, assigns and sub-contractors as

well as Cyooda Security Pty Ltd.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not impinge on the

enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Cyooda Security Pty Ltd and undertake to keep Cyooda Security Pty Ltd indemnified against any losses, costs,

damages, liabilities and expenses (including without limitation legal expenses and any amounts paid Cyooda Security Pty Ltd to a

third party in settlement of a claim or dispute on the advice of Cyooda Security Pty Ltd’s legal advisers) incurred or suffered by

Cyooda Security Pty Ltd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim

that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Cyooda Security Pty Ltd’s other rights under these terms and conditions, should you breach these terms and

conditions in any way, Cyooda Security Pty Ltd may take such action as Cyooda Security Pty Ltd deems appropriate to deal with the

breach, such as suspending your access to the website, prohibiting you from accessing the website, blocking computers from using

your IP address from accessing the website, contacting your internet service provider to request that they block your access to the

website and/or bringing court proceedings against you.

Variation

Cyooda Security Pty Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the

use of this website from the date of the publication of the revised terms and conditions on this website.

Assignment

Cyooda Security Pty Ltd may transfer, sub-contract or otherwise deal with Cyooda Security Pty Ltd’s rights and/or obligations under

these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or

unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or

enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Cyooda Security Pty Ltd in relation to your use of this

website, these terms and conditions annul all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by the laws in force in New South Wales, and any disputes relating to these terms and

conditions will be subject to the exclusive jurisdiction of the courts of New South Wales.

Registrations and authorisations

Cyooda Security Pty Ltd is an Australian registered company ACN: 162768934

Cyooda Security Pty Ltd details

The full name is Cyooda Security Pty Ltd

Cyooda Security Pty Ltd is registered in Australia under registration number ABN: 91162768934