Terms & Conditions
Last Updated: 20 August 2024
Welcome to Cyber Compliance. We provide a range of services, including:
Consulting services to assist businesses and financial institutions in complying with critical EU frameworks, such as DORA and NIS 2, and global standards like ISO 27001 and ISO 42001;
The sale of compliance policy and procedure template packs (each a “Pack”) for various regulatory and industry standards;
Online training sessions, consultations, and other related services through www.cybercompliance.io (the “Website”), (altogether, the “Services”).
Cyber Compliance (“we,” “our,” or “us”) owns and operates the Services.
These Terms & Conditions (“Terms”) govern the use of the Services by any person who accesses and uses it for any reason (“you,” or “your”).
These Terms form a legally binding agreement between you and us. Please carefully read all the Terms before placing your order because they affect your rights and obligations under the law. The Terms contain important information about the ordering, processing, fulfilment, and delivery of the Packs, including limitations of liability.
1. Agreement
1.1. By using the Services, you confirm that you understand and agree with the Terms and our Privacy Policy. If you do not agree, you may not use the Services.
2. Your Account
2.1. You need an account to access certain content, purchase Packs, participate in training sessions, and access member-only areas of the Services (an “Account”). You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Services’ payment and registration pages. This information is essential for the proper delivery of our Services, including consulting engagements, the sale of Packs, and online training sessions. If you are purchasing and/or creating an Account for an entity, you represent and warrant that you are authorized to represent and create an account for such entity.
2.2. You are responsible for securing your Account username and password. Any activities that occur under your Account, including but not limited to purchases of Packs and participation in training sessions, are your responsibility. You will not allow any other person to use your Account. You are responsible for any use of your Account, whether or not you have allowed such use.
2.3. We do not monitor Accounts for unauthorised access or use. If you have reason to believe that your Account details have been obtained by another without consent, or that there is any unauthorised use of your Account, you will contact us immediately to suspend your Account.
2.4. The Services may also include a tool that allows you to sign in or register using information from your accounts in third-party services, such as Facebook, Google, Yahoo, or LinkedIn. These third-party services are not related to the Services, and your use of such third-party services is subject to the terms and policies of those services.
3. The Template Packs
3.1. Each Pack available through the Services is published with a title, inclusions, description, and fee. The details of each Pack are clearly outlined on the Website before purchase.
3.2. You agree to pay the fee for the Pack(s) that you purchase, as listed on the Website at the time of your purchase. All fees are payable in the currency indicated on the Website.
3.3. We continuously update our Packs to ensure they remain current with regulatory and industry standards. While we strive to maintain accurate and complete information, we cannot guarantee that the Packs will always be free of errors or omissions. We make every attempt to ensure that our online catalogue is as accurate and complete as possible. Unfortunately, it is not possible to ensure that any site is completely free of human or technological errors. The fees of Packs available on our Services may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Services and in our advertising on other sites.
3.4. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information.
3.5. If an amount that you paid for a fee is lower or different than the correct fee for a Pack, we will contact you prior to processing the order to confirm the correct amount. Should you not want to continue with your order, your order will be cancelled.
4. Subscriptions
4.1. Certain aspects of our Services, including access to premium consulting, training sessions, or additional resources, may be available via subscription (“Subscription”).
4.2. Free Trials. If you have subscribed to a free trial and upgraded to a paid subscription, you will be billed for the Subscription fees of the paid subscription at the start of its subscription period.
4.3. Upgrades. If you upgrade from one paid Subscription to another, you will be billed for the higher Subscription fees at the start of the new Subscription period.
4.4. Downgrades. If you have downgraded to a lower subscription, you will be billed for the Subscription fees of the lower subscription at the start of its subscription period. If you choose to downgrade, you may lose access to some Services.
4.5. Subscription Fees. Your Subscription will remain active during the Subscription period unless you cancel it in accordance with these Terms. To avoid being charged for the next period, you must cancel your Subscription before the renewal date. Subscription fees are subject to change at the end of each Subscription period. We will inform you of such changes before the new Subscription fees take effect. Your continued use of the Subscription means that you agree to such changes.
4.6. Subscription Period. The Subscription will remain active during the Subscription period. If you have subscribed, your Subscription will continue in effect after your initial subscription Period, unless and until you cancel your Subscription. You must cancel your Subscription before it renews in order to avoid any additional charges. There will be no refunds or credits for partial use, non-use, or downgrade of the Subscription during the Subscription period. No exceptions will be made.
5. Goods and Services Tax
5.1. All fees for our Services, including consulting and Packs, are quoted in Australian dollars unless otherwise stated on the Website.
5.2. Unless stated otherwise, the fees stated on the Services exclude GST as defined in the A New Tax System (Goods and Services Tax) Act 1999. Thus, you agree to pay, at the same time and in the same manner as the fee is otherwise payable, the amount of any GST payable in respect of the fee.
6. Orders and Payments
6.1. For compliance policy and procedure template packs (“Packs”), you may place an order by following the instructions on the Website.
6.2. Consulting services are subject to a customized quote provided after an evaluation of your organization’s specific needs.
6.3. If you are under the age of eighteen (18) years or not legally capable of entering into contracts under your national law, you cannot place orders. By placing an order, you acknowledge that you are over the age of eighteen (18) years or legally capable of entering into contracts under your national law.
6.4. By placing an order for a Pack, you make an offer to enter into an agreement to purchase the Pack(s) subject to your order. Payment for Pack orders will be processed immediately upon confirmation of your order.
6.5. For consulting services, payment terms will be detailed in the quote provided and agreed upon before services commence.
6.6. Delivery and Ownership. Orders will be deemed to have been received by us at the time we send an order confirmation to your nominated email address and the Pack(s) will be made available for your immediate download (“Purchase”).
6.7. Non-delivery. In case of non-delivery of any Pack(s) due to issues with your internet connection or mail server, please contact us at support@cybercompliance.io with your preferred alternative method of delivery.
6.8. Download and Unzipping Errors. If you encounter an error during the download or unzipping of a Pack, please contact us at support@cybercompliance.io so we can provide you with a link for a one-time download. Consulting services do not involve downloadable content and will be provided in accordance with the terms agreed upon in your customized quote.
6.9. After-Sales Support. We will provide the customer and technical support covered by the Packs that you purchased at the time of your purchase. For more information, please see our support page. As we may continue to update and make changes to the Pack(s) from time to time after your Purchase, we do not guarantee the continued accuracy of the Pack(s) provided to you at the time of your Purchase.
7. Cancellations
7.1. We reserve the right to decline or cancel your order for Packs at any time before the Pack(s) is made available for download. For consulting services, we reserve the right to cancel the engagement before it begins, subject to any terms outlined in the consulting agreement.
7.2. In the event of a cancelled order, fees paid in relation to that order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
8. No Refunds and Returns
8.1. Packs are digital goods and are irretrievable after delivery. Therefore, we do not offer refunds once the order has been placed and the Pack has been delivered, under any circumstances. You may preview our templates before purchase to ensure it is exactly what you are looking for. Due to their digital nature, we do not offer any refunds once the order has been placed and your purchased Pack(s) has been delivered under any circumstances. By purchasing Pack(s), you understand and agree to the terms outlined herein.
8.2. For consulting services, refunds are governed by the terms of the consulting agreement, which will be agreed upon before the commencement of services.
8.3. However, in cases where you are unable to save or open the Pack(s), you may be entitled to a refund. If you have a refund claim based on a saving or opening error, you agree to contact us within 30 (thirty) days from your date of Purchase. All decisions on refunds and our policies are subject to our discretion. As such, we may require screenshots or other evidence that would prove if you are entitled to the refund.
8.4. We do not provide refunds for failure or partial use of the Packs due to technical failures, power outages or unreliable internet connections beyond our control.
8.5. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law.
9. Payment Methods
9.1. The Services use third-party payment service providers, such as Stripe and PayPal (each a “Payment Supplier”), to securely process payments for Packs.
9.2. Payments for consulting services will be handled in accordance with the payment terms agreed upon in your customized quote.
9.3. You warrant and represent that you have the right and authority to use the credit card or payment method you have provided.
9.4. You are solely responsible for any and all fees charged to your credit card or payment method by the issuer, bank, or financial institution including, but not limited to, subscription, overdraft, insufficient funds, and over the credit limit fees.
9.5. You agree to notify us or the Payment Supplier about any billing problems or discrepancies within 60 days after they first appear on your Account statement. If you do not do so within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
9.6. We will not be responsible for payments that are declined, delayed, or not accepted due to disruptions, internet connections, or triggers of fraud prevention protocols.
10. License
10.1. Limited License. Provided that you have paid the applicable fee for a Pack, and subject to your strict compliance with the Terms, we grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use, copy, edit, and modify the Pack for your personal use or for the exclusive use of the entity you represent (“License”). The License applies to the Pack that you have paid for and downloaded at the time of your purchase. Consulting services do not confer any right to reproduce, distribute, or use the materials provided beyond the scope of the engagement.
10.2. Restrictions. You may not translate, rent, lease, loan, sub-license, market, sell, distribute, or transfer any part of the Pack. Notwithstanding anything else contained in these Terms, you may not use the Pack to enable, support, or otherwise facilitate or help you or a third-party to develop any product, platform, or service competitive with our Services.
10.3. Ownership. We are the sole and exclusive owner of the Packs. The Packs, including the content and templates therein, contain valuable trade secrets that belong to us. The License does not transfer or grant any ownership of the Pack to you or any person. We reserve all rights not expressly granted to you in these Terms.
11. Intellectual Property
11.1. All content featured or displayed on the Website, including but not limited to texts, documents, templates, graphics, photographs, images, moving images, sound, and illustrations ('Content'), are owned by us or our licensors. This includes all materials provided through our Services, including consulting deliverables and Packs. All elements of the Website, including without limitation the general design and our Content, are protected by trade name, copyright, moral rights, trademark and other laws relating to intellectual property rights.
11.2. We own all intellectual property rights, including, without limitation, any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, whether or not registered, which subsist in the Content (“Intellectual Property”).
11.3. Unless expressly authorised under these Terms or otherwise, you may not reproduce, adapt, modify, display, perform, distribute, sell, publish, or broadcast any Content or any part of any Content.
11.4. Except as provided in these Terms, your use of or access to the Content or Services does not transfer or grant you any right, title, or interest to or in the Intellectual Property.
11.5. You agree and acknowledge that: you will not infringe any of our Intellectual Property rights, nor will you permit or allow such infringement of those rights; and you will notify us immediately if you become aware of any breach of our Intellectual Property rights, or any unauthorised use of the Content.
12. Communications
12.1. Our Services are primarily conducted online, and we will communicate with you through video conference, telephone, and email. These communications typically include matters related to template pack orders, associated training, and support inquiries. Consulting services are also primarily conducted online unless otherwise arranged during the project scoping and planning phases.
12.2. You may send us notices through our contact details provided on the Website's Contact Us page or via the email addresses specified for consulting services and template pack inquiries.
12.3. We may send you notices to the contact information provided in your Account or as part of your consulting engagement.
12.4. Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.
13. Security
13.1. The Services are stored and operated from secure servers. We implement appropriate security measures to protect your information, whether related to consulting services or template pack purchases, from unauthorized access, disclosure, or alteration. While we take reasonable precautions to protect the Services, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through our Website, through online ordering, or in databases stored on our servers.
13.2. Emails to and from the Services, including those related to consulting services, may undergo filtering and virus scanning by third-party contractors to ensure the security of our communications. While we take reasonable precautions, we do not guarantee that such filtering and scanning will be fully effective in removing viruses or other potentially harmful code from our communications.
14. Allowable Use
14.1. You are responsible for all costs associated with using the Services, including internet access, device, equipment, telecommunications, data, and roaming charges.
14.2. You agree to use the Services for lawful purposes only. You must ensure that your access to, or use of the Services is not illegal or prohibited by laws that apply to you.
14.3. You must take your own precautions to ensure that your process for accessing the Services does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We take no responsibility for any such damage which may arise in connection with your use of the Services.
15. Prohibited Use
15.1. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of the Website or any part thereof.
15.2. You may not (or attempt to) use the Services for any of the following:
15.2.1. violation of all or any legal rights of any person or company or other entity in any jurisdiction;
15.2.2. committing crimes;
15.2.3. in breach of any laws, including laws for the protection of copyright, trade secrets, patents, or other intellectual property; against installation or distribution of "pirated" software or otherwise; and the Privacy Act 1988 (Cth), or any other applicable data protection laws;
15.2.4. violation of domestic export control laws;
15.2.5. sending unsolicited email messages through or to users of the Services in breach of spam laws that apply to your messages, including the Spam Act 2003 (Cth).
16. AI Chatbot Support
16.1. The Services may use a generative Artificial Intelligence (AI)-powered technology to facilitate customer chat conversations (“ChatBot”).
16.2. Disclaimer. The Chatbot has been created to provide some general guidance, assistance, and information; but is not intended to be comprehensive, nor to constitute professional or legal advice. While effort has been made to ensure that the information provided is current and free from errors, we make no representations, warranties or guarantees in relation to the suitability, continuity, reliability, accuracy, security, and currency of the information. We will not be liable if the Chatbot (or any information made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or is unavailable for any reason. Please contact us if you require specific advice for your particular concern.
16.3. Prohibited Use. You agree not to use the ChatBot to develop machine learning models or related technology. You agree not to use the ChatBot for providing commercial services to third-parties. You agree not to use the ChatBot to attempt to discover underlying components of the Services (e.g., models, algorithms, systems) (except to the extent such restrictions are contrary to applicable law).
16.4. Privacy. You agree not to input into the ChatBot any personal or sensitive information, including names, addresses, email addresses, confidential company data, etc. You will be fully responsible for any and all information that you submitted to the ChatBot.
17. Third-Party Links
17.1. The Services may contain links to third-party platforms and sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the third-party links. The publication of third-party links on the Services does not mean that we endorse, approve, recommend, promote or in any other way support the information, statements or facts, attitudes, opinions, or conclusions contained therein.
17.2. Third-Party Booking Services (Calendly). Our website uses Calendly to manage meeting bookings. When you schedule a meeting through Calendly, you agree to Calendly’s Terms & Conditions. For details on how Calendly governs the use of their services, please refer to their Terms & Conditions https://calendly.com/terms.
18. Availability
18.1. The availability of the Services is subject to limitations, such as bandwidth, database size, throughput, and other technical and non-technical restrictions. The availability of the Services may also be affected by any planned or unplanned maintenance by our hosting providers or us. We are not responsible for any interruption on the Services caused by the improper functions of these networks and infrastructure.
19. Limitation of Liability
19.1. Whilst we have taken reasonable steps to ensure the accuracy, currency, availability, correctness, and completeness of the information contained in the Packs and the Services, both Packs and consulting services are provided on an 'as available' basis. We do not give or make any warranty or representation of any kind, whether express or implied.
19.2. To the extent permitted by law, we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data, or for any indirect or consequential loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract, or otherwise, in connection with the use of our Services.
20. Australian Consumer Law
20.1. A “Non-Excludable Guarantee” is a liability that is prohibited from being excluded under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth) as amended). Except in respect of any Non-Excludable Guarantees, we do not guarantee that the use or access of the Services will be uninterrupted or error-free.
20.2. Except in respect of any Non-Excludable Guarantees, all conditions, warranties, and guarantees implied in the Terms are excluded, to the extent possible by law. Our liability for failure to comply with such a warranty or guarantee is limited, at our sole discretion, one or more of the following:
20.2.1. With respect to the Packs, replacement or repair of the goods or the supply of equivalent goods, payment of the cost of replacing the goods or equivalent goods or payment of the cost of repair of the goods;
20.2.2. With respect to the Services, resupplying the Services or payment of the cost of having those Services resupplied.
20.3. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
21. Disclaimers
21.1. The information provided through the Services, including consulting deliverables and template packs, does not constitute professional advice. You should seek appropriate financial, legal, or other advice before relying on any information provided through our Services.
21.2. You agree that we shall not be liable or otherwise responsible for any damage or loss caused by your act, omission, or failure in respect of your use of the Packs, consulting services, or any other aspect of the Services. By your use of the Packs or the Services, you assume the risk of the limitations inherent in the Services and agree that no warranty or guarantee is given by us concerning any particular result.
22. Indemnification
22.1. “Third-Party Claims” are claims and/or complaints made by any third-party, caused directly or indirectly by your use of or inability to use the Services.
22.2. You agree and acknowledge that you are solely responsible for, and you indemnify us, for any loss and damage we may incur in connection with Third-Party Claims.
22.3. To the extent possible by law, we are not liable for any indirect, special, or consequential loss or damage arising from Third-Party Claims, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
22.4. Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), we will not have any liability to you for any loss or damage howsoever incurred in relation or with respect to Third-Party Claims.
22.5. You agree to indemnify us, our officers, directors, employees, agents, licensors, suppliers and any third-party service providers against all claims, costs, damage, and loss arising from Third-Party Claims.
23. Force Majeure
23.1. We shall not be liable for any delay in performing any of our obligations under the Terms if such delay is caused by circumstances beyond our reasonable control (or our affiliates), and we shall be entitled to a reasonable extension of time for the performance of such obligations.
24. Privacy Policy
24.1. Our Privacy Policy which governs the processing of your Personal Data as defined in the Privacy Act 1988 (Cth).
25. Feedback
25.1. You may send, upload, or post suggestions, comments, or requests (each a "Feedback") to us. Effectively and upon providing any Feedback, it becomes our sole and exclusive property, and you assign to us all Intellectual Property Rights, including Moral Rights, in the Feedback, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.
26. Revisions, Changes and Updates
26.1. We may change and update the Terms from time to time. If we do, we will post the latest change date on this page. We will also notify you of the amendments in writing or via email. By using the Services after the change date, you confirm that you understand and agree to the amended Terms.
26.2. Furthermore, we reserve the right to modify the content, materials, functionalities, and other Content available through the Services, unilaterally, at any time and without prior notice. By using the Services after modifications or additions to the Content have been made, you fully acknowledge, understand, and accept the content thereof.
26.3. For the avoidance of doubt, any such changes will operate prospectively from the time that the revisions are published on the Services and will not impact any Purchase Contract entered into prior to the date of the publication of the revisions.
27. Termination
27.1. We may terminate your free use of the Services at any time.
27.2. We may suspend or terminate your use of the Services, including consulting services and access to Packs, and/or cease providing you with all or part of the Services if you breach any material term or condition of these Terms.
27.3. You may terminate your use of the Services, including discontinuing any consulting engagement, at any time by providing us with written notice. However, termination does not relieve you of any obligations or liabilities incurred prior to termination, including payment for Services rendered. Please note that once a Pack has been purchased and downloaded, it cannot be canceled or refunded.
27.4. Any termination will not affect any accrued rights of any party. Any termination will not relieve any previously incurred obligation.
28. Interpretation
28.1. Headings do not affect the interpretation of the Terms.
28.2. The general rule of contract construction, which provides that the provisions of a contract should be construed against the party preparing it, is expressly waived by both parties.
28.3. A reference to a statute or regulation includes amendments thereto.
28.4. A reference to a clause, subclause, or paragraph is a reference to a clause, subclause, or paragraph of the Terms.
28.5. A reference to time is to time in Queensland, Australia.
28.6. A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
28.7. The words "includes," "including," and similar expressions are not words of limitation.
29. Dispute Resolution
29.1. Any dispute or difference arising in connection with these Terms or your use of the Services will be submitted to arbitration in accordance with and subject to the Institute of Arbitrators and Mediators Australia Expedited Commercial Arbitration Rules. The arbitration shall be conducted in English, and the venue shall be as mutually agreed upon or, failing such agreement, as determined by the arbitrator.
30. General
30.1. Entire Agreement. The Terms and our terms and policies that are expressly referenced here constitute the entire agreement between you and us and, to the extent possible by law, supersede all prior understandings, representations, arrangements, and agreements between you and us regarding its subject matter.
30.2. No Waiver. A failure or delay by us to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
30.3. Assignment. You may not assign, transfer, license, or novate your rights or obligations under these Terms without our prior written consent. We may assign, transfer, license, or novate our rights or obligations under these Terms at any time without notice to you, subject to applicable laws.
30.4. Severability. If any part of the Terms is held invalid by a court of competent jurisdiction, the remainder shall remain valid and enforceable.
30.5. Relationship. We are independent contracting entities. These Terms, along with any applicable terms and policies, do not create any partnership, joint venture, fiduciary, employer-employee, or any other type of relationship between you and us.
30.6. Governing Law, Jurisdiction and Venue. These Terms will be interpreted in accordance with the laws of Queensland, Australia. You and we irrevocably submit to the non-exclusive jurisdiction of the courts in Queensland, Australia, for any disputes or claims arising out of or in connection with these Terms or the Services.
31. Contact Us
31.1. If you have any questions about these Terms or the Services, please visit our Contact Us page on the Website or reach out to us via email at support@cybercompliance.io