Terms & Conditions

Last updated on 01 March 2023.

Welcome to your journey to better cyber security with Cybermate. We are pleased to be able to provide our service to you. Before you start using Cybermate we need you to accept these terms of use, so please read them so you know what we expect from each other; otherwise you can’t use our service. We have written them in plain-English without jargon to make it easier for you to read.

Right to use our services

1. The meaning of words used in these terms:

Cybermate, us, we or our means Cybermate Australia Pty Limited ABN 19 649 664 013 of 27 Bent Street, Paddington NSW 2021 and where relevant the Cybermate platform that provides our services.
You or your means you and any entity you are authorised to represent.
Subscriber means an entity (of whatever type) that has subscribed to use our services and accepted these terms.
User is a person other than the subscriber who has been invited to use our services through a subscription of a subscriber.

1. Subscribers and users: If you are the subscriber, you are the one responsible for paying for your subscription and are bound by these terms. If you are a user, you must also accept these terms to use our service and will also be bound by them.
2. The right to use our services: For both the subscriber and user, we grant you the right to use our services provided the subscriber continues to pay for the subscription, until the subscription is terminated, or if you are a user, until your access is revoked. Your use of our services is based on your subscription type, your user role and the level of access you have been granted.
3. Subscriber role: As a subscriber, you are responsible for managing your subscription and who can access it.
4. Your responsibilities: You promise to keep your information (including a current email address) accurate and up to date. You are also responsible for protecting your username and password from getting stolen or misused. Whilst our service has minimum password standards, it is up to you to ensure that you use strong passwords.
5. Cybermate intellectual property: We own all rights in our service including copyrighted works, trademarks, designs, inventions, and other intellectual property including the look and feel of our services. 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.
6. Changes to our terms: We may incorporate new or different terms of use which you will be bound by effective immediately upon posting and those terms will apply to you if you continue to use of our services. We recommend you check these terms of use regularly to ensure you are aware of our current terms.

Pricing and payment

1. Trial subscriptions: You may be offered a free trial, based on the terms specified at the time. If you choose to continue using our services after the trial, you will be billed to the billing details you have provided us. You can choose not to continue using our services following a trial by terminating the service in which case you will have no payment obligations.
2. Cybermate pricing plans: Your use of our services generally requires you to pay a subscription fee. The pricing plan consists of the subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms. If we don’t receive payment on time, we may suspend access to your subscription until the payment is made. We may update or amend the pricing plan from time to time and the terms of the pricing plan form part of these terms. If we make changes to the pricing after you become a subscriber, we will notify you.
3. GST: You are responsible for paying all external fees and taxes associated with your use of our services. If GST is payable on the subscription for the use of our services, you will pay to Cybermate an amount equal to the GST payable on the subscription fee at the time and in the manner that the subscription fee is paid to Cybermate.

Use of our services must be lawful

1. Downtime: Maintenance of our services may on occasion require a period of downtime and we will seek to minimise such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but this is not guaranteed.
2. No compensation: Whatever the cause of any downtime or access issues your only recourse is to discontinue using our services
3. Changes and modifications: We may release modifications and enhancements to our services, and in some cases re-configure features.

Privacy and data use

1. Use of data: You grant us a licence to use, copy, transmit, store, analyse and back up all data you submit to us through our services, including personal data of yourself and others, so that you can use our services; allow us to develop and protect our services; create new services; communicate with you about your subscription; and send you information we consider may be of interest to you.
2. Use of your own personal data: We respect your privacy and take data protection seriously. Our privacy notice sets out in detail how we process personal data that you enter into Cybermate, such as your name and email address. Our privacy notice can be accessed here. If you do not agree with how we collect or disclose information under these terms, or under our privacy notice, you should not use our service.
3. Use of unidentified statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services. Once anonymised, we may use it for our own purposes, such as to benchmark different subscribers and users (without identification), publication of risks and trends in cybersecurity, develop new services or product offerings or improve our services.
4. Data breach notifications: If we consider or suspect that an unauthorised access to personal data in respect to your subscription has occurred, we will notify you. It is your responsibility to determine whether you need to notify a relevant authority.
5. Confidentiality: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. We both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. If required to do so, we may both share each other’s confidential information with legal or regulatory authorities.

Security

1. Security safeguards: We have taken all reasonable steps to secure and protect your data but no electronic storage method 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.
2. Security features: We may introduce security features to make your account more secure, such as two-step authentication and may require you to adopt some of these features. Where we make the use of security features optional, we are not liable for any consequences of not using those features.
3. Notify us of any security breach: If you become aware of, or suspect any unauthorised use of your password or any breach of security to your account or email address linked to your account, you must let us know immediately.

Term, Cancellation and Termination

1. Subscription period: Your subscription continues for the period covered by the subscription fee you have paid. 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.
2. Cancellation: You or Cybermate may elect to terminate your subscription at the end of your current subscription period by providing notice of not less than thirty (30) days prior to the end of your current subscription period.
3. Termination by Cybermate: We may terminate or suspend your subscription or access to all or any data immediately if:

You breach any of these terms, other than clause 16, and do not remedy the breach within 14 days after receiving notice of the breach,
You breach clause 16,
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.

4. 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 but we can have your data removed completely if you contact us to request it.
5. No refunds: No refund is due to you if you terminate your subscription or we terminate it in accordance with these items.

Liability and indemnity

1. You indemnify us: You indemnify us against all losses, costs (including all legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us caused by your use of our services in breach of these terms of use or any third-party product. You do not have to indemnify us to the extent that the losses, costs, expenses, demands or liability were our own fault.
2. Disclaimer of warranties: Under the Australian Consumer Law, consumers have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services (known as ‘Consumer Guarantees’). Subject to any rights you have under the Consumer Guarantees, we provide our services as-is, and we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. We specifically do not warrant that the use of our services will guard against all cybersecurity risk to your business arising from your employees. Our liability for breach of a Consumer Guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the services and goods we supply are acquired for personal use or it would not be fair and reasonable for the limitation of liability to apply in the circumstances).
3. No liability for Dark Web search: Due to the inherent restriction on content on the dark web being readily searchable and therefore the unreliability of those searches, the results of such searches may not be complete or accurate and may contain omissions. No warranty or guarantee is given that the results of the dark web searches are accurate and fully represent any potential security breach for you that is disclosed on the dark web.
4. Cybermate does not provide professional advice: Use of our services is not, nor should it be taken as, a substitute for professional advice and we are not liable for your use of our services or any information we provide you in respect to cybersecurity compliance nor should our services be taken as a complete solution for training and testing your staff to ensure appropriate cyber compliance.
5. Limitation of liability: Other than liability for breach of a Consumer Guarantee or any other liability that we can’t exclude or limit 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 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.
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.

Disputes

1. Dispute resolution: If we have not resolved any dispute with you, you and we agree to resolve such dispute through binding arbitration in accordance with, and subject to, the Resolution Institute Arbitration Rules, with the arbitrator nominated by the Chair of Resolution Institute unless you and we agree upon the arbitrator. 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 proceedings.

Third-party products

1. Third-party products: If we introduce you to third-party providers or products, as part of the use of our services, any such third party providing a third-party product is independent of us including in respect to payment, terms and responsibility to you. We don’t endorse or assume any responsibility for third-party products. Some third-party providers may, however, pay us a fee that is related to the referral to them. We strongly advise you to read the terms and conditions and privacy policies of any third-party providers that you engage with.

Third-party products

1. Events outside our control: We are not liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
2. Notices: Any notices we send to you will be sent to the email address you’ve provided us through your subscription. Any notice you send to Cybermate must be sent to [email protected].
3. Relationship: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You are solely responsible for resolving disputes between you and any other subscriber or invited user.
4. No waiver: Failure by us to act in relation to a breach of these terms of use does not amount to a waiver of any right to act in relation to that breach or any later breach.
5. Assignments: Cybermate may assign these terms and our rights to another Cybermate entity or to a third party as part of any commercial transaction between Cybermate and the third party at our sole discretion as we deem appropriate.
6. Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, that term is unenforceable but all other terms will remain enforceable.
7. Entire Agreement: These terms and conditions set out the full agreement between the parties.
8. Further actions: You will do all things necessary to meet your obligations under these terms and take any necessary action to do so.
9. Governing law and venue: These terms and conditions are governed by the laws of New South Wales, Australia and in the case of any proceedings the courts of New South Wales will have jurisdiction, subject to clause 35.

Contact Us

For any questions and notices, please contact us at:

Congratulations you’ve made it to the end of our terms and conditions! Enjoy your journey to better cybersecurity.

Terms & Conditions