Terms and Conditions

 

Website Terms & Conditions

These Terms and Conditions of Use (“Terms”) govern your use of our website located at http://infosecmarketplace.com.au (“Site”) and form a binding contractual agreement between you, the user of the Site and us, Infosec Asia Pacific Pty Ltd ACN 603 472 975 (“InfoSec”).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on [email protected].

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site. This Site is intended for use by users aged 18 and over. We may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Site. Your subsequent or continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Site.
These Terms were last updated in August 2016.

Definitions

In these terms and conditions:
“Material” means text, illustrations, photos, audio, video, any combination of these or other material.
“Services” means any information security services provided to you by a Supplier as a result of Your use of this Site.
“Site” means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).
“Supplier” means an independent third party supplier of information security services.
“Terms” means these terms and conditions, together with the Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Site.
“Us”, “we” or “our” means Infosec and/or its related bodies corporate.
“You”, “your” means any user of the Site. “Your” has a corresponding meaning.

Services offered on this Site

  1. This Site and our call centre(s) provides a service where you may:
    a) Obtain impartial information on suppliers of information security services selected by us from time to time and listed on this Site (a “Supplier”), including the services that those Suppliers offer; and
    b) Facilitate a transaction (if any) between you and the Suppliers for the provision of those services (“Services”).
  2. This Site does not purport to give you any specific advice in relation to information security services or recommend or endorse any Supplier. The content on this Site is provided for general information only.
  3. InfoSec is not able to bind any Supplier or ensure that any Supplier sells information security services to you. Accordingly, nothing on this Site amounts to an offer by us or any Supplier to sell information security services to you or enter into any contract with you.

Your responsibilities and the permitted use of this Site

  1. You should take care to answer all the questions on this Site honestly and to the best of your knowledge, as this will help Suppliers make sure the Services are best suited to your needs.
  2. If you are obtaining Services via the Supplier’s website, you must also read the relevant Supplier’s own policy, agreement, and terms and conditions. They are the terms and conditions that you agree to by taking the Services from the relevant Supplier and are separate from our own. It is your responsibility to ensure that the Services match your requirements and that you agree to the terms and conditions of any Service before you apply for it. We seek to ensure that we accurately pass on the information you have provided for the purpose of providing a comparison, however we stress that it is your responsibility to check that your details are correct on the underlying Supplier’s website.
  3. We cannot accept liability for errors made by the underlying Supplier or their intermediary or appointed representative, or answer complaints on their behalf. In such an event, we recommend you follow the guidelines provided in the Supplier’s documentation regarding complaints.
  4. You agree that:
    a) We are solely providing information regarding Suppliers and their Services, and you are not contracting directly with us for the provision of such Services; and
    b) You are responsible for transmitting all payments due to any Supplier on the terms agreed with the relevant Supplier for its Services or otherwise, and we shall have no responsibility for the transmission of payments to any Supplier.
    8. You agree not to:
    a) Transmit any material designed to interrupt, damage, destroy or limit the functionality of our Site;
    b) Use any automated software to view our Site without consent and to only access our Site manually;
    c) Use our Site other than for your own personal use;
    d) Attempt to copy our data our reverse engineer our processes;
    e) Use our Site in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us or any Supplier);
    f) Use our Site in breach of any policy or other notice on our Site;
    g) Remove or alter any copyright notices that appear on our Site;
    h) Publish any material that may encourage a breach of any relevant laws or regulations;
    i) Interfere with any other user’s enjoyment of our Site;
    j) Transmit materials protected by copyright without the permission of the owner; or
    k) Conduct yourself in an offensive or abusive manner whilst using our Site.

Our relationship with the Suppliers

  1. The Services are provided by the Suppliers; third parties who operate independently of us. We do not have any control over the Suppliers.
  2. It is your responsibility to satisfy yourself that you wish to obtain the Services before doing so. Before making a decision to purchase the Services, you should consult the relevant document provided by the Supplier in relation to the Services.
  3. We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with the Services you obtain after using this Site or for any acts, omissions, errors or defaults of any third party in connection with the Services.

Materials that You provide

  1. By submitting content on this Site or otherwise providing content to us (“Content”), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable licence to use, reproduce, display, sell, modify and edit the Content. You waive any moral rights you may have in the Content.
  2. You warrant and represent that you have all rights necessary to grant us these rights. We will permit you to post Content on this Website in accordance with our procedures and provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us.

Intellectual Property

  1. All information, data and copyright material contained in this Site and any trade marks (whether registered or unregistered), trade names, brands, logos and devices included in that material belongs to us.
  2. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
  3. Nothing displayed on the Site should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Site without the express written consent of the relevant owner.
  4. The material on this website is protected by copyright under the Australian Copyright Act 1968 (the Act) and, through international treaties, in other countries. Content displayed on or via the Site is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions.
  5. You agree not to copy, distribute or modify content from the Site without Our express written consent. You may not disassemble, decompile, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Site (other than your own content).

Liability

  1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
  2. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
    a) The supply of the services again; or
    b) The payment of the cost of having the services supplied again.
  3. We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
  4. Accordingly, to the extent legally permitted, we disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from your use of the Site, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
  5. In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Site.
  6. We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Site, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Indemnity

  1. You agree to fully indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of your accessing, using or transacting on this site or your attempts to do so, and/or any breach by you or your agents of these Terms.

Personal information

  1. By using the Site, you agree to the collection, transfer, storage and use of your personal information by the Site and Infosec on servers as described in our Privacy Policy. You also agree to receive marketing communications from us, our sponsors or affiliates, unless you tell us otherwise.

Access to the Site

  1. While we use reasonable endeavours to ensure that the Site is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
  2. Except as expressly provided otherwise in the Terms, we reserve the right to change or discontinue any website, feature or service (or part thereof) on the Site at any time.

Third party websites, advertising and activities

  1. We may feature or display links and pointers to websites operated by third parties on the Site. Such websites do not form part of the Site and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Site entirely at your own risk.
  2. The Site may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
  3. If you contact a third party using functionality provided on the Site, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

Cookies

  1. The Site website utilises cookies. If you do not have cookies enabled in your web browser some functions of the site may not work as intended.

Links

  1. You are welcome to create links from your website to the Site. However, you must not use InfoSec trade marks or logos for this purpose unless you have our permission.
  2. Our website and emails may contain links to websites not owned or operated by Infosec. We do not accept liability for the availability or content of these sites, or do we make any representations about the accuracy of any information continained on other websites.

General Terms

Severability

  1. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

No waiver

  1. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement at our sole discretion.

Applicable law

  1. These Terms shall be construed in accordance with and governed by the laws of the Australian Capital Territory, Australia. You consent to the exclusive jurisdiction of the courts in the Australian Capital Territory, Australia to determine any matter or dispute which arises under the Terms.

Complaints and Resolution of disputes

  1. We aim to provide an excellent standard of service, however if you feel we may have not achieved this please let us know. We take all complaints seriously, and use our best efforts to resolve these as quickly as possible.
  2. Should a dispute arise between you and InfoSec, we strongly encourage you to contact us directly to seek a resolution by contacting us on [email protected] Any reasonable requests will be considered and we will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Whole agreement

  1. These Terms and the other policies posted on the Site constitute the entire agreement between InfoSec and you, superseding any prior agreements.
    Assignment
  2. You may not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.