- In this document:
- “Team Member” means a user of the Platform as authorised by the Customer.
- “Administrative Team Members” means enrolled team members on the Platform that have access to the administrative functionality of the Platform
- “Customer” means an entity which has entered into a subscription agreement with The Cyber Collective for use of the Platform for an agreed number of team members
- “Content” means all information, personally identifiable information, data, documents and creative expressions, and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Platform by The Cyber Collective;
- “the Platform” refers to The Cyber Awareness Platform provisioned by The Cyber Collective which delivers “Services” as described below.
- the words “we”, “our”, “us” and “The Cyber Collective” refers toThe Cyber Collective (ACN 655 732 620), the operator of the Platform and all of its related entities; and
- the words “you” and “your” mean both you, any entity or firm you’re authorised to represent.
- By using or accessing the Platform, you agree to all the terms and conditions of the Agreement, and if you do not agree to all the terms and conditions of the Agreement you should not and are not permitted to use the Platform.
- The Cyber Collective reserves the right in its sole discretion, to modify the Agreement at any time with notice, and by posting a revised Agreement. Together with notice, we will specify the effective date of the modifications.
- Modifications to these Terms will take effect when posted, and will automatically apply as of that date unless you elect to cease use of the Platform.
- The Platform is an online software platform that provides learning management and awareness analysis and content, Web Breach checking functionality, Policies and Procedures management library, an Human Risk Management function and an automated Phishing campaign function. There is also a comprehensive reporting module.
- the services described provided by The Cyber Collective on a subscription basis for which the customer has a subscription, including access to and use of the Platform
- You agree, warrant and acknowledge that:
- we are not a provider of Professional Services to you;
- we are not responsible for monitoring the results of your Team Members; and
- we are not responsible for actions on your behalf as a result of any report from the platform unless specifically engaged independently of the subscription to the Platform..
- Facilitation of an agreement with The Cyber Collective for Team Member enrolment on the Platform, will be subject to subscription service fees, payable as described in the package quotation.
You authorise us to deduct fees payable under this Agreement for amounts agreed.
- Fees are not refundable or partially refundable, except as required by law.
- All payments received by The Cyber Collective are processed through third party secure transaction service providers.
- We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you.
- We may also disclose your personal information to recipients that are located outside of your country.
6. Set up
- In order to use the Platform you may be required to provide or authorise us to access personal details, including payment details.
- All information provided to us must:
- be accurate and correct to the best of your knowledge; and
- not infringe on the rights of any third parties, including but not limited to, content that infringes on privacy rights or intellectual property rights, such as copyright and trademark rights.
- You are responsible for keeping your system access passwords, tokens and other authorisations secure and are responsible for all use and activity carried using them.
7. Limitations of Use
- You and your use of the Platform must comply at all times with the Agreement and any applicable laws.
- You may not do any of the following while accessing or using the Platform:
- access, tamper with, or use non-public areas of the Platform, or the computer or delivery systems of The Cyber Collective and/or its service providers;
- probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Platform by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by The Cyber Collective (and only pursuant to those terms and conditions);
- scrape the Platform, and particularly scrape Content (as defined above) from the Platform, without the express prior written consent of The Cyber Collective;
- use the Platform to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Platform, or by scripted use of the Platform in such a manner as to interfere with or create an undue burden on the Platform; or
- take any action that may undermine the quality of information contained on the Platform, the feedback systems or the ratings systems used on the Platform.
8. Intellectual Property
- For Content uploaded by you, or given to us, for use on the Platform, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license for its use.
- You represent and warrant that:
- you have obtained all necessary rights, releases and permissions to submit all Content to the Platform and to grant the rights granted to us in these Terms; and
- all Content and its submission and use as you authorize in these Terms will not violate
- any Laws,
- any third-party intellectual property, privacy, publicity or other rights, or
- any of your or third-party policies or terms governing the Content.
- The Cyber Collective assumes no responsibility or liability for any content uploaded by the Customer to the Platform, and you are solely responsible for the Content and the consequences of submitting and using it with the Platform.
- The Platform contains material which is owned by or licensed to The Cyber Collective. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
- Reproduction of any Content that appears on the Platform is prohibited, except where explicitly authorised by this Agreement or that which is provided by the Customer for their use.
- All trademarks reproduced in the Platform which are not the property of, or licensed to, the operator are acknowledged on the Platform. The Cyber Collective and/or third parties retain ownership of all intellectual property rights in all Content except that which is provided by the Customer for their use.
- Unless otherwise indicated, all materials on the Platform are protected by copyright, trademarks and/or other intellectual property rights. Except for the bona fide purpose of considering an invitation to treat from The Cyber Collective or as otherwise permitted by law, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by The Cyber Collective other than that Content which is provided by the Customer for their use.
- Any other use of materials on the Platform without the prior express written permission of The Cyber Collective is strictly prohibited other than that Content which is provided by the Customer for their use.
9. Disclaimer and Indemnities
- The Cyber Collective makes best efforts to provide useful general information about cyber security via the platform, but takes no responsibility for, provides no guarantee, and will not be liable for any cyber security issues, attacks or incidents of any kind.
- The information contained on the Platform is for general information purposes only. The information is provided by The Cyber Collective and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information, products, services, or related graphics contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- The Cyber Collective shall not be liable for any indirect or consequential damages and, in particular, shall accept no liability whatsoever for loss of income deriving from the use of the Platform.
- You will defend, indemnify, and hold us harmless (and our affiliates, officers, directors, agents and employees) from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from any claim arising
- from or related to any breach by you of the Agreement;
- the Platform may contain links to other websites and software applications. The Cyber Collective is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites and software applications. Any link to another website, and reference to third-party information, products or services linked to the Platform, is not, and should not be construed as, an express or implied endorsement by The Cyber Collective or comments relating to such other websites and software applications and software applications should be addressed to the operator or operators of those websites and software applications.
- The Platform may contain content, imagery, text and other media generated by users of the Platform. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information, products, services, or related graphics contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- Every effort is made to ensure the efficient operation of the Platform and that the information contained within the Platform is accurate at all times. However, The Cyber Collective takes no responsibility, and will not be liable for the Platform becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond our control.
- The Cyber Collective may, in its absolute discretion and with immediate effect, terminate this Agreement and remove you from the Platform.
- The Cyber Collective may terminate this Agreement and access to the Platform in the event of the subscription obligations not being met.
- The Cyber Collective may, in its absolute discretion, refuse service to any person or entity.
- The Cyber Collective may, without notice to you issue you a warning, restrict your activities on the Platform, temporarily suspend, indefinitely suspend or terminate your login and refuse to provide services to you if:
- you have, or The Cyber Collective believes that you have, breached this Agreement;
- The Cyber Collective are unable to verify or authenticate any information you have provides via the Platform;
- The Cyber Collective believes that your actions may cause loss or damage to or otherwise unlawfully harm to you, The Cyber Collective related bodies or affiliates and its directors, employees or agents; or
- if The Cyber Collective reasonably believes that any of your information is incorrect, misleading, inappropriate or of an offensive nature.
- We may refuse to process a payment if we believe there is a risk associated with it or if it breaches any law, statute, ordinance or regulation, or may cause loss to us or our users.
11. Other Matters
- If the whole or any part of any clause of this Agreement is illegal or unenforceable, it will be severed from this Agreement and will not affect the continued operation of the remaining provisions of this Agreement.
- This Agreement:
- accurately reflects the agreement between the parties as to its subject matter;
- records the entire agreement between the parties with respect to the subject matter of the Agreement;
- supersedes all prior representations and agreements in connection with that subject matter; and
- may only be altered in writing signed by both parties.
- Neither party shall pursue any claims arising under this Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration hereunder with any other proceeding.
- You may not assign any right under this Agreement without our prior written consent. We can assign any right under this Agreement at our sole discretion.
- The failure of The Cyber Collective at any time to insist in performance of any obligation of you under this Agreement is not a waiver of its right:
- to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
- at any other time to insist on performance of that or any other obligation of the other party under this Agreement.
- The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms. The Uniform Computer Information Transactions Act (UCITA) will not apply to these Terms regardless of when or where adopted.
- This Agreement does not create a relationship of employment, agency or partnership between the parties.
- This Agreement is governed by the laws and the Parties submit to the non-exclusive jurisdiction, of the courts of Queensland, Australia.