TERMS OF SERVICE
TERMS OF SERVICE
Effective Date: [DD Month YYYY] | Last Updated: [DD Month YYYY]
1. Agreement to Terms
These Terms of Service (“Terms”) form a legally binding agreement between you (“you”, “your”, or “the User”) and [Company Name] ABN [XX XXX XXX XXX] (“we”, “us”, or “our”), governing your access to and use of the website located at [www.example.com] and any services, content, features, or resources made available through it (collectively, the “Website”).
By accessing or using the Website, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Cookie Policy, which are incorporated by reference. If you do not agree, you must not access or use the Website.
If you are accessing the Website on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms, and references to “you” include that organisation.
2. About Us
We are a provider of governance, risk, and compliance (GRC) consulting and managed security services. The Website provides general information about our services, thought leadership, downloadable resources, and a means of contacting us. Engagement of our consulting services is governed by a separate written agreement.
3. Eligibility
You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Website. By using the Website, you represent and warrant that you meet these requirements.
4. Permitted Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your personal or internal business purposes.
You agree that you will not:
- Use the Website for any unlawful, fraudulent, or unauthorised purpose.
- Copy, reproduce, modify, adapt, translate, publish, distribute, or create derivative works from the Website or its content, except as expressly permitted by these Terms or applicable law.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software made available through the Website.
- Use any automated system, including robots, scrapers, or spiders, to access the Website or extract content, except for the operation of public search engines.
- Interfere with, disrupt, or attempt to gain unauthorised access to the Website, our networks, or any connected systems.
- Introduce viruses, worms, trojans, ransomware, or other malicious code, or conduct denial-of-service attacks or vulnerability testing without our prior written consent.
- Use the Website to transmit unsolicited commercial communications or to harvest personal information.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Use the Website in a manner that infringes the intellectual property, privacy, or other rights of any third party.
5. Accounts and Registration
Certain areas of the Website may require you to register for an account or to provide contact details to access resources. You agree to provide accurate, current, and complete information and to keep that information up to date.
You are responsible for maintaining the confidentiality of any credentials issued to you and for all activities that occur under your account. You must notify us immediately at [security@example.com] if you suspect any unauthorised access or use of your account.
6. Intellectual Property
The Website and all content, features, and functionality made available through it, including text, graphics, logos, icons, images, audio and video clips, software, methodologies, frameworks, white papers, templates, and the selection and arrangement thereof (“Content”), are owned by us, our licensors, or other providers, and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Except for the limited licence in Section 4, no rights are granted to you under these Terms in respect of the Content. All rights not expressly granted are reserved.
You may download or print individual pages of the Website for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact.
7. User-Submitted Content
If you submit any feedback, comments, ideas, suggestions, or other materials to us through the Website (“User Content”), you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable licence to use, reproduce, modify, distribute, and exploit such User Content for any lawful purpose, without compensation to you. You represent and warrant that you have all rights necessary to grant this licence and that the User Content does not infringe the rights of any third party or violate any law.
8. Third-Party Links and Services
The Website may contain links to third-party websites, resources, or services that are not owned or controlled by us. We provide these links for convenience only and do not endorse, guarantee, or assume responsibility for any third-party content, products, or services. Your use of any third-party website or service is at your own risk and subject to the terms and policies of that third party.
9. Information and Disclaimer
The information made available through the Website is provided for general informational purposes only. While we take reasonable care to ensure the accuracy and currency of the information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Website or the information, products, services, or related graphics contained on it.
Information on the Website does not constitute legal, regulatory, financial, taxation, or other professional advice. You should obtain professional advice tailored to your circumstances before acting on any information provided through the Website.
10. Disclaimer of Warranties
To the maximum extent permitted by law, the Website is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that defects will be corrected or that the results obtained from using the Website will be accurate or reliable.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other applicable law that cannot lawfully be excluded, restricted, or modified.
11. Limitation of Liability
To the maximum extent permitted by law, in no event will we, our directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, business opportunities, or anticipated savings, arising out of or in connection with your access to or use of the Website, whether based on contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages.
To the extent that liability cannot be excluded, our total aggregate liability arising out of or in connection with these Terms or the Website is limited, at our option, to the resupply of the relevant services or the cost of resupply, or to AUD $100, whichever is the lesser.
12. Indemnity
You agree to indemnify, defend, and hold harmless [Company Name], its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your misuse of the Website; (c) your violation of any law or the rights of any third party; or (d) any User Content you submit.
13. Suspension and Termination
We may suspend or terminate your access to the Website at any time, with or without notice, for any reason, including if we reasonably believe that you have breached these Terms. Upon termination, your right to use the Website will cease immediately.
Sections that by their nature should survive termination, including those relating to intellectual property, disclaimers, limitation of liability, indemnity, and governing law, will survive termination.
14. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on the Website with a revised “Last Updated” date. Where the changes are material, we will take reasonable steps to notify you. Your continued use of the Website after the effective date of any updated Terms constitutes acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Website.
15. Force Majeure
We will not be liable for any failure or delay in the performance of our obligations under these Terms to the extent caused by events beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, labour disputes, internet or telecommunications failures, or cyber attacks.
16. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of [Queensland, Australia], without regard to its conflict of law principles. You and we submit to the exclusive jurisdiction of the courts of [Queensland, Australia] and the courts entitled to hear appeals from those courts.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding your use of the Website and supersede all prior agreements and understandings.
17.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
17.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
17.4 Assignment
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms at any time without notice to you.
17.5 Notices
Any notices to us under these Terms must be sent to [legal@example.com]. We may provide notices to you by posting on the Website or by email to the address you have provided.
18. Contact Us
If you have any questions about these Terms, please contact:
[Company Name]
Email: [legal@example.com]
Postal Address: [Street Address, Suburb, State, Postcode, Country]
