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TERMS AND CONDITIONS

WEBSITE TERMS AND CONDITIONS OF USE
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1. About the Website
Welcome to www.cyberti.com.au (the “Website”). The Website provides Cyber Security and Threat Intelligence services (the “Services”).
The Website is operated by CYBER T.I. SERVICES PTY LTD (ABN 83 680 647 269). By accessing or using the Website, you agree to comply with and be bound by these Terms and Conditions (the “Terms”). If you do not agree, you must cease use of the Website immediately.
CYBER T.I. SERVICES PTY LTD reserves the right to update the Terms at its discretion. Changes take effect immediately upon publication. Users are encouraged to review the Terms periodically.
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2. Definitions
In these Terms:
•    Website refers to www.cyberti.com.au.
•    Services refers to the cyber security and threat intelligence services provided by CYBER T.I. SERVICES PTY LTD.
•    Member refers to a user who registers an account on the Website.
•    Account refers to the account created by a user to access the Services.
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3. Acceptance of the Terms
By using the Website, you accept the Terms in full. Explicit consent may also be required by ticking a checkbox or clicking an “Agree” button during registration or checkout processes.
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4. Registration
To access the Services, you must register for an Account and provide accurate, complete, and current information, including:
•    Email address
•    Preferred username
•    Mailing address
•    Telephone number
•    Password
You warrant that this information is accurate and up-to-date. Failure to comply may result in suspension or termination of your Account.

You cannot register if:
•    You are under the legal age to form a binding contract; or
•    Your use of the Services is prohibited under Australian law or the laws of your jurisdiction.
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5. Your Obligations as a Member
As a Member, you agree to:
•    Use the Website and Services lawfully and in accordance with these Terms and applicable regulations.
•    Maintain the confidentiality of your password and notify CYBER T.I. SERVICES PTY LTD of any unauthorized use or breach of security.
•    Refrain from using the Website for commercial purposes unless explicitly approved.
•    Avoid unauthorized framing, linking, or any other misuse of the Website.
•    Comply with all copyright and intellectual property laws.
Automated use of the Website or its Services is strictly prohibited.
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6. Payments
Payments for Services (the “Service Fee”) can be made via:
•    Electronic Funds Transfer (EFT)
•    Credit Card
•    PayPal
•    Cheque
CYBER T.I. SERVICES PTY LTD reserves the right to modify Service Fees at any time. Users will be notified of changes before their next billing cycle.
Unsuccessful payments may incur additional fees, including banking charges, for which you will be liable.
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7. Refund Policy
Refunds for the Service Fee will only be issued if CYBER T.I. SERVICES PTY LTD is unable to provide the Services or deems a refund reasonable under the circumstances. Refunds are at the sole discretion of management.
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8. Copyright and Intellectual Property
The Website and all related materials are protected by Australian and international copyright laws. Unless expressly permitted, you may not:
•    Republish or distribute Website content.
•    Modify, adapt, or exploit intellectual property owned by CYBER T.I. SERVICES PTY LTD.
You are granted a limited, non-exclusive license to use the Website for personal purposes.
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9. Privacy
Your personal information is handled in accordance with CYBER T.I. SERVICES PTY LTD’s Privacy Policy, which forms part of these Terms.
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10. Disclaimers
To the extent permitted by law:
•  All guarantees and warranties not expressly stated in these Terms are excluded.
•  CYBER T.I. SERVICES PTY LTD is not liable for indirect, special, or consequential damages arising from your use of the Website or Services.
The Services are provided "as is" without warranty or condition. Users assume all risks associated with use.
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11. Limitation of Liability
CYBER T.I. SERVICES PTY LTD’s liability is limited to the resupply of the Services. CYBER T.I. SERVICES PTY LTD, its affiliates, and agents shall not be liable for loss of profits, goodwill, or other damages.
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12. Termination
The Terms remain effective until terminated by either party. You may terminate by:
•    Not renewing your subscription;
•    Providing written notice of your intent to terminate; and
•    Closing your Account.
CYBER T.I. SERVICES PTY LTD may terminate or suspend your access if:
•    You breach these Terms;
•    Continued provision of the Services becomes impractical; or
•    Required by law.
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13. Indemnity
You agree to indemnify CYBER T.I. SERVICES PTY LTD against all claims, losses, and liabilities arising from your use of the Website, including legal costs on a full indemnity basis.
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14. Dispute Resolution
Compulsory Process:
•    Disputes must be resolved via mediation before initiating court proceedings.
•    The mediation will occur in New South Wales, Australia, with costs shared equally.
Termination of Mediation:
If the dispute is not resolved within 12 months, either party may terminate mediation.
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15. Governing Law and Jurisdiction
These Terms are governed by the laws of New South Wales (NSW), Australia. Any disputes will be resolved in the courts of New South Wales.
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16. Independent Legal Advice
You acknowledge that you have had the opportunity to seek independent legal advice regarding these Terms.
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17. Severance
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.
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18. Cybersecurity Incident Management
1.    Responsibility for Cybersecurity Measures:
While CYBER T.I. SERVICES PTY LTD uses reasonable efforts to deliver robust cybersecurity solutions, no system is completely immune to threats. You acknowledge that:

  • The Services are designed to mitigate risks but cannot guarantee complete security.

  • Users remain responsible for maintaining their internal security systems and protocols, including backups and access controls.
     

2.    Notification of Incidents:

  • If a cybersecurity incident occurs during the provision of Services, CYBER T.I. SERVICES PTY LTD will:

  • Notify you promptly of the incident.

  • Provide reasonable assistance in identifying and mitigating the issue, as per the agreed scope of Services.

  • You agree to cooperate fully and provide all necessary information to enable effective resolution.
     

3.    Exclusion of Liability for Third-Party Breaches:
CYBER T.I. SERVICES PTY LTD is not responsible for data breaches, hacks, or security failures arising from third-party systems, tools, or software outside its direct control.
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19. Data Handling and Protection
1.    Data Ownership:

  • All data provided by you remains your property.

  • CYBER T.I. SERVICES PTY LTD acts as a data processor under Australian privacy laws and handles your data in accordance with its Privacy Policy.
     

2.    Confidentiality:
CYBER T.I. SERVICES PTY LTD will:

  • Keep all client data confidential.

  • Not disclose client data to third parties except as required by law or with your prior written consent.
     

3.  Data Storage and Security:

  • CYBER T.I. SERVICES PTY LTD implements appropriate technical and organizational measures to protect data from unauthorized access, alteration, or loss.

  • You acknowledge that no electronic storage method is 100% secure and agree to adopt complementary security measures on your end.


4.    Data Breach Notification:
In the event of a data breach involving your information, CYBER T.I. SERVICES PTY LTD will:

  • Notify you within 72 hours of becoming aware of the breach.

  • Provide details about the breach, including the nature of the data affected, potential impacts, and recommended remedial actions.

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20. Limitation of Cybersecurity Guarantees
CYBER T.I. SERVICES PTY LTD will not be liable for:
•    Losses arising from misuse of your credentials or unauthorized access caused by user negligence.
•    Any indirect, special, or consequential damages related to cybersecurity threats, including but not limited to loss of profits, data corruption, or reputational harm.
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21. Optional Service Enhancements
1.    Incident Response and Forensic Analysis:
If you require additional support beyond the standard Services in the event of an incident, CYBER T.I. SERVICES PTY LTD can provide forensic analysis and extended incident response under a separate agreement.

2.    Customized Risk Assessments:
Tailored risk assessments, penetration testing, or vulnerability scans can be requested for an additional fee.
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22. Future Service Expansion
In the event CYBER T.I. SERVICES PTY LTD expands its Services to include individual or small business solutions:
•    Additional terms may apply to ensure compliance with relevant laws, regulations, and client-specific needs.
•    Clients will be notified in advance of any changes to these Terms or the scope of Services.

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