Your use of this website and any service provided by ‘Cynch Security’ (Cynch Security) from time to time (together, the Service) is governed by these Terms of Use and the Privacy Policy.
By using the Service, you accept and agree to be bound by these Terms of Use.

 

Use of Service

When you use the Service, you must:

(a)    comply with all instructions, procedures and information requests that form part of the Service;
(b)    not use the Service for any unlawful purpose; and
(c)    within 14 days after receipt of a tax invoice from Cynch Security, pay the corresponding Service fee by electronic transfer to an account nominated by Cynch Security.

No Representations

You agree that you use the Service entirely at your own risk.  Cynch Security provides the Service ‘as is’ and makes no representations:

(a)    that the Service is free of faults, of merchantable quality or suitable for any particular purpose;
(b)    that any content accessible through the Service is accurate, complete or current at a given time; or
(c)    about the availability, continuity or security of the Service.

You agree that:

(a)    in providing information as part of the Service, Cynch Security is not providing legal or other professional advice or services; and
(b)    the Service should not be used as a substitute for consulting professional legal or other competent advisers.

The above paragraphs do not limit or exclude your rights under the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)

Legal Disclaimer

Accordingly, the information on this site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional legal or other competent advisers.

Data

You acknowledge that:

(a)    for you to use the Service, Cynch Security will collect Customer Data and share that Customer Data with certain third parties contracted by it to assist in the provision of the Service;
(b)    without this Customer Data, you will not be able to use the Service; and
(c)    Cynch Security will comply with its Privacy Policy in respect of all Customer Data it collects as a result of your use of the Service.  This explains how a person can access and correct their Personal Information, or make a complaint.

You warrant, and will ensure throughout the term of your use of the Service, that:

(a)    all Customer Data you provide is accurate and complete, both as at the time it is provided and subsequently; and
(b)    you are authorised, and have obtained all required third party consents, to provide that Customer Data.

Cynch Security will not be liable for the Service not providing any given functionality or information, or any failure by Cynch Security to provide a given Service, to the extent that you:

(a)    breach the warranty above;
(b)    fail to comply with any instructions, procedures or information requests that form part of the Service; or
(c)    fail to ensure that Customer Data provided is accurate and complete.

You license and authorise Cynch Security to use or modify any Customer Data for the purposes of providing the Service.

Intellectual Property

All Intellectual Property Rights subsisting in the Service are, and remain, the property of Cynch Security and its third party licensors.  Except for the rights granted to you under these Terms of Use, you obtain no interest in the Service.

Liability

To the maximum extent permitted by law, Cynch Security excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising in connection with the content, use or performance of the Service, except to the extent that the loss or damage is directly caused by Cynch Security's fraud or wilful misconduct.

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Terms of Use which may not lawfully be excluded, then provided it is fair and reasonable to do so, Cynch Security's liability for breach of such a warranty or guarantee will be limited, at its option, to any one or more of the following:

(a)    in the case of goods, replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the cost of having the goods repaired; or
(b)    in the case of services, resupplying the services or payment of the cost of resupplying the services.

 

Termination

Your rights to use the Service will terminate automatically, without notice from Cynch Security, if you breach any of these Terms of Use.  Cynch Security may, by email to the address you nominate as part of your registration to use the Service, terminate your right to use the Service at any time.

On termination, irrespective of the circumstances of the termination, you must cease all use of the Service.

Third Party Content

This website may contain links to other websites operated, controlled or produced by third parties.  Unless otherwise indicated, Cynch Security does not control, endorse or sponsor any such third party websites or their content, nor does Cynch Security provide any warranty or take any responsibility for any aspect of those websites or their content.

Definitions

In these Terms of Use:

(a)    Customer Data means information and data (including Personal Information), with respect to you or third parties, that you provide to us for the purpose of obtaining the Service from Cynch Security;

(b)    Intellectual Property Rights means all intellectual property rights, including patents, copyright, rights in circuit layouts, registered and unregistered designs, moral rights, registered and unregistered trade marks, service marks, trade names and any right to have confidential information kept confidential (together with any application or right to apply for registration of any of the rights referred to in this paragraph); and

(c)    Personal Information means:

(i)    information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not; and

(ii)    information or a document that relates to the affairs or personal particulars of another person (such as a company or a business),

which is received by Cynch Security from any source in performing its rights or obligations under these Terms of Use.