cli:~$ Legal · Terms of Service
Terms of Service
The terms governing your use of Cyber Leadership Institute services, programs and the Cyber Leadership Hub.
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- Purchases
- Availability, Errors and Inaccuracies
- Subscriptions
- Fee Changes
- Refunds
- User Content
- Accounts
- Copyright Policy
- Copyright Infringement Notice
- Intellectual Property
- Jobs Platform
- Links to Other Websites
- Termination
- Indemnification
- Limitation of Liability
- Disclaimer
- Exclusions
- Governing Law
- Changes to These Terms
- Contact Us
Last updated: June 3, 2021
Please read these Terms of Service ("Terms") carefully before using the Cyber Leadership Institute website, related subdomains, mobile applications and associated services (the "Service"), operated by Cyber Resilience Pty Ltd trading as the Cyber Leadership Institute ("Cyber Resilience Pty Ltd", "we", "us" or "our").
Your access to and use of the Service depends on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18 years old and legally able to enter into binding contracts. If you are under 18, you warrant that you have obtained consent from a parent or guardian and that they agree to be bound by these Terms on your behalf.
By accessing or using the Service, you agree to these Terms. If you do not agree with any part of the Terms, you must not access or use the Service.
Purchases
If you purchase a product or service through the Service, we may ask you to provide information required to complete the purchase, including payment card details, billing address and shipping information where applicable.
You represent and warrant that you have the legal right to use the payment method provided and that all information you give us is true, accurate and complete.
By submitting purchase information, you authorise us to provide relevant information to third parties where needed to complete the transaction.
We may refuse or cancel an order for reasons including product or service availability, errors in pricing or descriptions, errors in your order, or other valid reasons. We may also refuse or cancel an order where we suspect fraud or an unauthorised or illegal transaction.
The Service is not designed to provide qualitative advice about the fitness for purpose or merchantability of products or services. You should exercise appropriate caution and conduct your own due diligence before completing transactions through the Service.
Availability, Errors and Inaccuracies
We regularly update the products and services offered through the Service. Information may occasionally be inaccurate, incomplete, mispriced, out of date or unavailable, and there may be delays in updating information on the Service or in our advertising elsewhere.
We do not guarantee the accuracy or completeness of information including pricing, product images, specifications, availability and service descriptions. We may update information and correct errors, inaccuracies or omissions at any time without prior notice.
Content is provided without warranties or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement.
Subscriptions
Some parts of the Service are billed on a subscription basis. Subscription fees are billed in advance on a recurring monthly or annual billing cycle, depending on the plan selected.
At the end of each billing cycle, your subscription will automatically renew on the same conditions unless you cancel it or Cyber Resilience Pty Ltd cancels it. You can cancel renewal through your online account or by contacting our customer support team.
A valid payment method is required for subscription payments. You must provide accurate and complete billing and payment information. By providing that information, you authorise Cyber Resilience Pty Ltd to charge subscription fees incurred through your account to the payment method provided.
If automatic billing fails, we may issue an electronic invoice requiring manual payment of the amount due by the deadline stated on the invoice.
Fee Changes
Cyber Resilience Pty Ltd may change subscription fees at its discretion. Any change will take effect at the end of your current billing cycle.
We will provide reasonable notice of a subscription fee change so you have an opportunity to cancel before the new fee takes effect. Continuing to use the Service after the change takes effect constitutes agreement to pay the updated fee.
Refunds
Refund requests for subscriptions may be considered by Cyber Resilience Pty Ltd on a case-by-case basis and granted at our discretion.
User Content
The Service may allow you to post, link, store, share or otherwise make available information, text, graphics, videos or other material ("User Content"). You are responsible for User Content you post, including its legality, reliability and appropriateness.
By posting User Content, you grant us a licence to use, modify, publicly perform, publicly display, reproduce and distribute that User Content on and through the Service. You retain your rights in your User Content and remain responsible for protecting those rights. You agree that this licence allows us to make your User Content available to other Service users, who may use it subject to these Terms.
You represent and warrant that you own your User Content or have the rights needed to use it and grant the licence described in these Terms, and that posting it does not violate another person's privacy, publicity, copyright, contractual or other rights.
You also warrant that your User Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; will not be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, discriminatory, blasphemous, in breach of confidence or privacy, or liable to incite racial hatred; will not contain unsolicited, undisclosed or unauthorised advertising; will not contain viruses or other code designed to interrupt, destroy or limit computer systems or telecommunications equipment; and will not bring us or the Service into disrepute.
You agree to keep records reasonably necessary to show that your User Content complies with these requirements and to provide those records if we reasonably request them.
We are not required to regularly monitor the accuracy or reliability of User Content. We may modify or remove User Content at any time. You acknowledge that User Content you provide through the Service may be publicly available and that you accept the risks associated with public disclosure.
Accounts
When you create an account, you must provide accurate, complete and current information. Failure to do so is a breach of these Terms and may result in termination of your account.
You are responsible for protecting your password and for activity that occurs through your account or password, whether the password is used with our Service or a third-party service. Do not disclose your password to another person. You must notify us immediately if you become aware of a security breach or unauthorised use of your account.
You may not use a username that belongs to another person or entity, is not lawfully available to you, infringes another person's name or trademark rights without authorisation, or is offensive, vulgar or obscene.
Copyright Policy
We respect the intellectual property rights of others and respond to claims that content posted through the Service infringes copyright or other intellectual property rights.
If you are a copyright owner, or authorised to act for one, and believe copyrighted work has been copied through the Service in a way that infringes copyright, submit a written notice marked "Copyright Infringement" to contact@cyberleadershipinstitute.com and include a detailed description of the alleged infringement.
You may be responsible for damages, including costs and legal fees, if you materially misrepresent that content infringes your copyright.
Copyright Infringement Notice
To lodge a copyright complaint, provide:
- Your name and address
- Details of the alleged copyright infringement
- A URL linking to the alleged infringement, where applicable
Please allow up to 30 days for us to investigate your complaint. We will contact you after the investigation to address the matter.
Intellectual Property
The Service, its original content, downloadable Resource Library and Cyber Leadership Hub content, supporting training resources, features and functionality - excluding User Content - remain the property of Cyber Resilience Pty Ltd, our third-party partners, content providers and licensors. They are protected by copyright, trademark and other applicable laws in Australia and other countries. Our trademarks and trade dress may not be used without our prior written consent. Nothing in these Terms transfers our intellectual property rights to you.
You may use the Service, Resources and User Content only as authorised by us. We grant you a limited, non-exclusive, revocable and non-transferable right to use the Service and to access, display, use, play and download Resources subject to these Terms.
Where attribution is required, you must fairly attribute and cite Cyber Resilience Pty Ltd, the Cyber Leadership Institute and relevant third-party partners or content providers as the copyright owners of original Resource content, in accordance with the copyright notice attached to the relevant Resource.
You must not use our intellectual property in connection with an unaffiliated product or service or in a way that brings us into disrepute. You must not modify physical or digital copies of Resources you print or download, or use illustrations, photographs, video, audio or graphics separately from accompanying text unless authorised.
Opinions, advice, statements, services, offers and other information made available by third-party partners, content providers or users are those of their respective authors or distributors and not of Cyber Resilience Pty Ltd.
Jobs Platform
The Service may include a Jobs Platform that allows eligible users to post roles or apply for jobs. If you post a job, you are responsible for the accuracy of the information in the listing.
We do not accept responsibility for the accuracy of job postings and do not guarantee that every listing represents a current vacancy or will remain available. A role may be filled or become unavailable before the listing is removed from the Jobs Platform.
Links to Other Websites
The Service may contain links to third-party websites or services that we do not own or control. We do not control and are not responsible for their content, privacy policies or practices, or for loss or damage arising from your use of or reliance on third-party content, goods or services.
Links are provided for convenience and do not imply our endorsement of the linked website or service. You access third-party websites at your own risk. We encourage you to review the terms and privacy policies of any third-party website or service you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, including where you breach these Terms.
When your account is terminated, your right to use the Service ends immediately. If you want to terminate your account, you may discontinue using the Service.
Provisions that by their nature should continue after termination will survive termination, including ownership provisions, warranty disclaimers, indemnities and limitations of liability.
We are not liable to you or any third party for claims or damages arising from termination, suspension or related actions we take. Where applicable law requires notice, we may provide notice through the Service or using contact details we hold for you.
Indemnification
As a condition of accessing and using the Service, you agree to indemnify us and our successors and assigns for damages, costs, expenses and other liabilities, including legal fees and expenses, arising from or related to your access to or use of the Service, your breach of these Terms, applicable law or the rights of another person or party.
This indemnity survives the end of your registration and applies to claims arising before or after your registration ends.
Limitation of Liability
To the extent permitted by law, we are not liable for damages suffered as a result of using the Service or copying, distributing or downloading Resources, Content or User Content from the Service.
We are not liable for indirect, punitive, special, incidental or consequential loss or damage, including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage, whether arising in contract, tort or otherwise, even if we were advised that such loss or damage was possible.
To the extent permitted by law, we are not liable for third-party claims arising in tort, contract or under the Competition and Consumer Act 2010 (Cth), including claims relating to statements or content provided by third-party partners, content providers or Service users. You are responsible for ensuring the accuracy of data you enter into the Service.
You are responsible for maintaining appropriate security protection and backups for data and equipment used with the Service. You must not assign or otherwise transfer your account to another person.
Without limiting the above, our total aggregate liability to you will not exceed the total amount you have paid to us.
Disclaimer
You use the Service at your own risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Cyber Resilience Pty Ltd, its subsidiaries, affiliates and licensors do not warrant that the Service will be uninterrupted, secure or available at a particular time or location; that errors or defects will be corrected; that the Service will be free from viruses or harmful components; or that use of the Service will produce results that meet your requirements.
This disclaimer applies to loss or damage arising from failures of performance, errors, omissions, interruptions, deletion, defects, delays, viruses, communication failures, theft, destruction, unauthorised access, alteration or use of records connected with the operation of the Service, whether arising in contract, tort, negligence or otherwise.
We do not make representations or warranties about the completeness, accuracy, reliability, suitability or availability of Content, User Content or Resources for any purpose. Any reliance on that information is at your own risk. We do not guarantee the effectiveness or profitability of the Service or uninterrupted and error-free operation, and we are not liable for the consequences of interruptions or errors.
Exclusions
Some jurisdictions do not allow certain warranty exclusions or limits on liability for consequential or incidental damages. Where those laws apply, some of the limitations above may not apply to you.
Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict-of-law principles.
If we do not enforce a right or provision of these Terms, that does not waive the right or provision. If a court finds any provision invalid or unenforceable, the remaining provisions remain in effect. These Terms constitute the entire agreement between you and us regarding the Service and replace any prior agreements relating to the Service.
Changes to These Terms
We may modify or replace these Terms at our discretion. If a change is material, we will try to provide at least 30 days' notice before the updated Terms take effect.
You are responsible for reviewing these Terms periodically. If you do not agree with an updated version, you must stop using the Service. Continuing to use the Service after updated Terms take effect constitutes acceptance of those Terms.
Contact Us
If you have questions about these Terms, please contact us by email at contact@cyberleadershipinstitute.com.