In these terms and conditions, “we” “us” “our” and “ThreatReady” refers to ThreatReady International Pty Ltd ABN 31 659 879 937.  Your access to and use of all information on our website, including purchase of our services is provided subject to the
following terms and conditions.  (“Terms and Conditions”)

We reserve the right to amend these Terms and Conditions at any time and your use of the ThreatReady services following any notified amendments will represent your agreement to be bound by these terms and conditions as amended.  

We will give notice to you by email of the amendments to these Terms and Conditions and the notice will include the effective date of the amendments.

ThreatReady Customers

1.    In order to access the services provided on this website or provided by ThreatReady, you must be a current customer and your subscription must be paid in full.  You must complete registration by providing certain information as set out on our membership/registration page.  Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage, and use of the details you provide on registration.

2.      You agree to ensure that your registration details are true and accurate at all times, and you undertake to update your registration/customer details from time to time when they change.

3.         On registration you agree to pay for our services in the amount and at the times stipulated on our website. 

4.      By using our services, registering for subscription or connecting to our services, you acknowledge that you have read these Terms and Conditions and that you agree to be bound by the Terms and Conditions.

ThreatReady Services

5.    Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase a ThreatReady subscription through our website, you acknowledge that you and all users of the services are over 18 years of age.

6.         All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current.  Our price list can be accessed from our home page, and we reserve the right to amend our prices at any time.  We will notify you of price changes by email. You may cancel a monthly subscription if you do not wish to agree to the proposed price change.

Web Site Access and utilising Reports

7.       When you visit our website and utilise our reports, we give you a limited licence to access and use our information for personal use. The licensor is non-exclusive. The rights given to you are a licence only and we do not sell, transfer or assign any property in our software, products or services to you. We remained the owner of all, software, products and services, subject to the limited non-exclusive licence granted to our customers.

8.      You are permitted to download a copy of the information on this website and information contained within our reports to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.

9.        Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute, or display any of the information on this website or contained within our reports without our prior written permission.

10.    The licence to access and use the information on our website or contained within our reports does not include the right to use any data mining robots or other extraction tools. You must not metatag or mirror our website without our prior written permission.

11.   Your access to our services may require usernames, passwords and similar devices (“Credentials”) to be provided by you when you register for our services. You are solely responsible for maintaining the confidentiality of the Credentials and you are fully responsible for all use of the Credentials, whether by you, your employees or agents or any other third parties. You must notify us immediately if you become aware of any unauthorised use of your Credentials or any other security breach relating to your account. You release us from all claims incurred by you or your employees or agents directly or indirectly caused by any unauthorised disclosure of the Credentials.

12.    We retain sole control over the operation, provision, maintenance and management of our products and services.

13.   You are solely responsible for the functioning of your own hardware, network and IT environment and we are not liable for any claims relating to failure of your hardware, interruption to your Internet connection or network outages or delays that impact on your ability to access and use our services.

Hyperlinks

14.   This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website or the information and/or products which they provide.

15.    Linking our website is not permitted.  You must not insert any link or hyperlink to our website in any website or other material of yours without our prior written consent.

Intellectual Property Rights

16.   The copyright to all content on this website, our services or contained within our reports including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

17.  All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website, our services or contained within our reports is either owned by us or we have a licence to use them. Your access to our website, our services or information contained within our reports does not allow you to use those marks in any commercial way without our prior written permission.

18.    Any comment, feedback, idea or suggestion (“Comments”) which you provide to us through this website or contained within our reports becomes our property.  If in future we use your Comments in promoting our website or contained within our reports or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

19.     If you provide us with Comments, you acknowledge that you are solely responsible for the content of such material including its legality, originality and copyright.

Confidentiality

20.   In clauses 21 and 22 , “Confidential Information” means non-public information that is exchanged between you and us that is identified as confidential at the time of disclosure or is disclosed in circumstances that would reasonably indicate that the information should be kept confidential. It does not include information that was obtained by a recipient without restriction on use or disclosure, information generally in the public domain or information received on a nonconfidential basis from a third party without being in breach of this agreement.

21.     During the term and following the expiry or termination of this agreement, both parties agree:

a.    not to access or use Confidential Information other than as necessary to perform their obligations or exercise the rights in relation to this agreement;

b.    to safeguard Confidential Information from unauthorised use or disclosure;

c.    to notify the other party in writing of any unauthorised use or disclosure of Confidential Information.

22.    You may disclose Confidential Information of ours to your employees and agents is reasonably required for the conduct of your own business, but you remain responsible for their compliance with clause 21.

Disclaimers

23.     Whilst we take reasonable care in providing our services, reports or software agents, subject to clauses 29-32,
we do not provide any warranty either express or implied including without
limitation warranties of merchantability or fitness for a particular purpose.

24. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. 

25.    We also take all due care in ensuring that our website, reports and software agents are free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website, reports or software agents or any linked website.

26.     From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in that material.

27.    Our reports are issued on the basis of the following disclaimer:

Disclaimer: our Services, including our website, software agents, and software generated reports, are not a total solution for cyber threats or digital security solution and, to the extent permitted by law, Threat Ready and its associated entities shall not be liable for any direct, indirect, incidental, consequential, or other damage arising from the use of its Services. Reports provided by Threat Ready, whether through its website, software, applications, or otherwise, are generated by information collected from your device and are for information purposes only. The Services provided by Threat Ready cannot directly protect you, your information, or your device. The user, or the user’s agents, bear all responsibility for taking appropriate action against any vulnerabilities advised by our Services as well as for implementing best practice procedures such as the generation of regular backups of data and the maintaining of additional antivirus and anti-malware software. Threat Ready makes no claim, warranty, or other representation that the information provided
in its reports is complete, or that it is or will remain complete, or that there are no vulnerabilities that remain unlisted or otherwise undetected in the reports. Without limiting this clause, unless you acquire our services as a consumer under the Australian Consumer Law, if or where a court of competent jurisdiction finds that Threat Ready and or its associated entities is liable for any damage to you, the aggregate liability shall not exceed the annual fee payable by you for the relevant device for our services over the course of 12 months from time to time. 

28.    Our website, services, software and reports do not constitute in any way a total cyber threat solution. We make no claim or warranty that the information is complete, and no other cyber vulnerabilities exist. Reports provided by Threat Ready, are generated by information collected from your device and are for information purposes only. You acknowledge and agree that you are responsible for acting on the reports and ensuring best practices are put in place for the safety of your devices, data, and peripherals. Without limitation, it is your responsibility to ensure that: 

(a)        backups of your devices are regular and complete; and

(b)        your passwords are stored and kept secure; and

(c)        you take appropriate action to promptly rectify any vulnerabilities advised by our Reports.

29.  ThreatReady makes no claim, warranty, or other representation that the information provided in its reports is complete, or that it is or will remain complete, or that there are or will be no vulnerabilities that remain unlisted or otherwise undetected in the reports.

Statutory Guarantees and Warranties to Consumers

30.  Schedule 2 of the Competition and Consumer Act 2010 (“Australian Consumer Law”) defines a consumer.  Under the Australian Consumer Law we are a supplier of either goods or services or both to you, and if you are a consumer the Australian Consumer Law gives you the benefit of statutory guarantees.  If you acquire our services as a consumer, clause 31 – 33 of these Terms and Conditions shall apply and clauses 34 and 35 shall not apply.  A person is not a ‘consumer’, however, if they acquire goods for the purpose of resupply or to use up or transform the goods in the process of production or manufacture, or in the course of repairing or treating other goods or fixtures
on land.

31.    If you are acquiring our services as a consumer, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with the service, you are entitled:

a.   to cancel your service contract with us; and

b.  to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

32.   If this agreement is for the supply of goods, our liability for a failure
by us to comply with the statutory guarantees is limited to:

a.       the replacement of the goods by the supply of equivalent goods;

b.      the repair of the goods;

c.       the payment of the cost of replacing the goods are acquiring equivalent goods;

d.      the payment of the costs of having the goods repaired.

33.    If this agreement is for the supply of services, our liability for a failure by us to comply with the statutory guarantees is limited to:

a.       Supplying the services again; or

b.      Payment of the cost of having the
services supplied again.

Limitation of Liability

34.    If you are not a consumer within the meaning of the Australian Consumer Law, then clauses 34 – 35 apply instead of clauses 31 -33.  If you are not a consumer: –

a.  To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

b.    We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

d.   We do not participate in any way in the transactions between our users.

35.  However, without limiting clause 34, if or where a court of competent jurisdiction finds that ThreatReady and or its associated entities is or are liable for any damage to you, your associates or associated entities, our aggregate liability shall not exceed the annual fee paid or payable by you for the relevant device for our services over the course of 12 months from time to time.

Indemnity

36.  You indemnify and release Threat Ready and its associated entities from all claims arising out of, incidental to, or consequential from the use of our Services for damage or loss to you or your associates or associated entities.

Term

37.  The services are provided on a monthly subscription basis. This agreement shall continue on automatic monthly renewal basis until you give notice to cancel your subscription. If notice of cancellation is given prior to the monthly renewal date for your services, the term shall expire at the end of the current month during which notice is given.

Termination

38.     We may terminate this agreement and deactivate your access to the services immediately:

a.    If you breach any term of this agreement;

b.    if you fail to pay fees when due; or

c.    any aspect of these Terms and Conditions is restricted by law or third-party terms of service.

Effect of termination

39.     If this agreement is terminated or expires, we can immediately remove your access to our website and the services and all licenses and rights granted to you shall immediately terminate and you must immediately stop using our website and the services and permanently delete our software from all devices and systems that you directly or indirectly control. Any Confidential Information of ours that is installed on your devices or in your possession or control must be either deleted or returned to us. Upon termination, all fees that you owe to us as at termination shall become immediately enjoyable and payable on the effective date of termination.

Survival

40.    Upon the expiry or termination of this agreement for any reason, clauses 16-19, 21, 22 and 36 shall survive and continue to bind the parties.

Force Majeure

41.    Neither party is liable to the other for any delay or failure to perform any obligation under this agreement if the delay or failure is caused by events which are beyond the reasonable control of the relevant party including, without limitation, strikes, blockades, war, an act of terrorism, riots, natural disasters, epidemics, pandemics, interruption to electricity or telecommunication for data services or refusal of approval or licence by a government agency. This clause does not apply to failures to pay fees.

Jurisdiction

42.   These Terms and Conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.

43.   If any provision in these Terms and Conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

44.   We undertake to take all due care with any information which you may provide to us when accessing our website or reports. However, we do not warrant and cannot ensure the security of any information which you may provide to us.
Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

45.     As part of your use of the services, we may collect information and data in relation to location of your devices, potential security risks and other details. You grant to us a perpetual and irrevocable licence to copy, modify and use your data to allow us to provide our services to you and other customers, to improve our products and services and to develop statistics which we may use for research, publicity, marketing and other commercial purposes. If we use customer data for commercial purposes, we will all that it is only published in a form that is non-customer identifiable.

46.    Our policy in relation to our obligations under privacy legislation is set out in our separate Privacy Policy which may be accessed from the home page on our website. We agree to comply with our privacy policy. There may be occasions where we collect and use your data as described in clause 44 which are outside the scope of our privacy policy. If this occurs, the provisions of the Terms and Conditions shall apply to the extent they are inconsistent with the privacy policy.

Entire agreement

47.   Subject to the terms agreed by you when you create your registration for the services and any other signed contract between the parties, this document contains everything the parties have agreed to in relation to the subject matter it deals with. No party can rely on an earlier written document, or anything said or done by or on behalf of another party as giving rise to any requirement, undertaking, representation, warranty, or other obligation on behalf of either party.