Cynch | Terms of Service | Plain Language

October 2018

Note: You're reading the plain English version of our terms. They’re not legally binding but should make it easy for you to understand what we do and don’t offer so you can get back to your day faster.

Reading the legal stuff is hard, and boring, but important. We strongly encourage you to scroll down a bit and also read the version we apply legally.

Who are we?

We’re Cynch, or Cynch Sec Pty Ltd, for legal purposes. We’re a proudly Australian company, based in Melbourne (Docklands to be exact).

Our ACN is 629 269 085.

What can we do for you?

Cynch is membership for business owners and managers. Our service is designed to help you learn about, and manage cybersecurity threats and risks. By “cybersecurity threats and risks” we mean the things that bad guys and girls trying to steal your business data, your money, your assets everyday (usually over the internet) are trying to do to your business.

The Cynch membership teaches you the things you should know about security and provides you with access to tools, services and other good stuff to help you protect your business.

We’ll help you avoid and respond to what could be one of the worst days of your life as a business leader.

How you can access the membership?

We’ve tried to make that easy! The best place to start is our website! https://cynch.com.au

What does the membership cost?

We list the cost of the membership on the sign-up page, and you can choose between paying once a month, or once a year (hint: paying yearly saves you money!).

We’ve designed the membership to cost as little as possible so we can help more businesses, faster.

Our prices may change over time, and if they do we will let you know beforehand so you can decide if you want to pay the new amount.

Sorry, but our fees are non-refundable, unless Australian Law says they are.

What’s the catch?

There are some terms and conditions, you’re reading them right now. The main thing is that when you sign up, you’re agreeing to our T&Cs.

We might change them at times, but don’t worry, we’ll let you know if we do and you can decide whether to keep using our services or not.

What’s the important stuff to know?

Accessing the membership

When you agree to our Terms of Service and Privacy Policy, we’ll need your real name and business email address. This is so we can invoice you correctly and keep the Tax Office on side.

We might also ask you for other details if and when we really need them. If these details change we’d love it if you could let us know.

You’ll also need to set a password to access your membership. Don’t worry we’ll tell you how to handle that properly, but it’s important you keep the password to yourself so we know it’s you we’re helping and not some bad guy or girl. If someone else finds out your password and uses it to get access to your account, let us know and we’ll help sort it out.

We do our best to make our service usable from anywhere but you will need an Internet connection to access it. If you access the membership on your phone, you might need to pay your phone provider for the things you download. We’re not responsible for the costs associated with this, or anything else to do with your own device.

The features of our service will change

The membership will change over time, this is how it's going to get even better. Expect to see this in the future.

If you have any queries, questions, concerns or just want to tell us how much you love your membership, you can email us at hello@cynch.com.au

How we manage data

We’ll store your data as set out in our privacy policy. When you’re finished here you should really check it out!

We use the data we collect about your interactions with the membership and your business to make the service even better. We will store your data both here in Australia, and in the United States.

How the membership works

You’ll remain a member as long as you pay to be one and agree to these terms. If you stop paying you’ll lose access.

If you pay-per-month, then your membership renews each month. If you sign up for a year, then your membership will renew in a year. Simple huh?

For this to work we need you to authorise us to deduct funds from your card at the frequency you choose (either monthly or annually). If you want to cancel we’ll be really sad, but all you need to do is let us know before your next deduction so we can sort this out before you’re charged.

Sometimes, we might try to entice potential new customers with freebies. You might have even received some when you signed up! We’re a growing business and love all our members, but unfortunately these freebies won’t change the price you pay for your existing membership.

Sometimes things happen that are not in our control. We plan for these events, and will help you do the same, but they might temporarily stop you from accessing our services. If this happens we’ll do everything we can to get things back to normal as soon as possible, but we won’t give refunds.

What we’re not responsible for

At Cynch, we’re working on providing you, the business owner or manager, with information and tools that can help you protect your business. We work hard to make sure the information, advice and tools we provide are helpful, but we can’t be responsible for you or your business. At all times it’s your decision to take our advice and use our services.

Also, we’re not lawyers, so don’t take our advice as legal advice!

What you can’t do

We’ve worked hard on them so please don’t steal our ideas or content and sell them to someone else.

Parts of our service are only useful if you tell us the truth so please don’t give us false information.

Also, don’t give us data belonging to someone else without their permission.

Basically, don’t be the baddie.

Liability info

Unless the law says we are liable, turn out to be frauds, or do something bad to you intentionally, Cynch is not liable to you.

Wherever possible, any liability we do owe is limited to the cost of resupplying the service you’ve paid for.

Third Parties

Sometimes we give you links to services owned and managed by people who don’t work for Cynch. If we do, we’re not responsible for what they do, and we direct you to their terms and conditions.

Who’s Law?

Victoria’s laws.

All legal dealings with Cynch will happen under the law of the State of Victoria, Australia.

Cynch | Terms of Service

October 2018

These Terms of Service (“Terms”) relate to Cynch Sec Pty Ltd (“Cynch”, “Cynch Security”, “we,”, “us”, “our”) and our cybersecurity membership for business owners and managers, along with our related websites (including cynch.com.au), applications, mobile applications, tools, templates and other services (including any new features and applications introduced) provided by us (collectively, the “Service”). These Terms are a legally binding contract between you and Cynch regarding your use of the Service. If you are accessing or using the Service on behalf of your company, you represent that you are authorised to accept this Agreement on behalf of your company, and all references to "you" or "member" reference your company.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

By clicking “I accept,” or by downloading, installing, or otherwise accessing or using the service, you agree that you have read and understood, and, as a condition to your use of the service, you agree to be bound by, the following terms and conditions, including Cynch’s privacy policy and any additional policies, terms, conditions, notices and disclaimers Cynch may provide from time to time (together, these "Terms"). If you are not eligible, or do not agree to the terms, then you do not have our permission to use the service. Your use of the service, and Cynch’s provision of the service to you, constitutes an agreement by Cynch and by you to be bound by these terms.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

Please read the Cynch Privacy Policy (cynch.com.au/privacy) carefully for information relating to our collection, use, storage, disclosure of your personal information. The Cynch Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

PARTIES AND RECITALS

  • Cynch Sec Pty Ltd ACN 629 269 085 trading as Cynch is a digital cybersecurity membership for business owners and managers. We have created Cynch, an affordable online service, to provide education, advice, tools, processes, information and support to manage cybersecurity threats and risks.

  • Cynch comprises the membership service described at https://cynch.com.au (Cynch Website) which is made available by us to you on any website we give you access to use (Service).

  • The Service available on the Cynch website constitutes an invitation from Cynch to you to offer to contract. On acceptance by Cynch of an offer made by you in response to the invitation, Cynch will grant access to the Service to you as a member.

CYNCH SERVICE

ACCESS TO THE SERVICE

  • You may use the Service only if you can form a binding contract with Cynch, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. You may be required to register with us in order to access and use certain features of the Service. When you register with us, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at hello@cynch.com.au.

  • We may change, suspend or discontinue the Services at any time, with or without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allocated to your data on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  • The Service may include certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

MEMBERSHIP, RENEWAL & CANCELLATION POLICY

  • The Service will be billed on a monthly or annual basis, depending on which of the two payment options you have selected. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in AUD and are non-refundable.

  • If you activate the Service, you authorize Cynch to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your membership, all accrued sums on or before the payment due date for the accrued sums.

  • Your membership will renew and your account will be charged automatically on the anniversary of the date you activated your account, on the frequency you have selected (monthly or annually). The membership will continue unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of the next periodic fee to your account. We will bill the periodic fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Service by contacting us at: hello@cynch.com.au.

  • Your membership with Cynch provides you with access to the Services via an online portal. Your membership will commence immediately on:

    • receipt by us of your completed member details including payment details; and

    • your acceptance of this Agreement.

  • You will receive confirmation of your membership via your nominated email address, confirming acceptance of your offer to contract.

  • You acknowledge and agree that given the nature of the Service that we provide, we may modify the content, inclusions, type and availability of any digital product at any time. In the event that your membership package changes materially (to be determined by us acting reasonably), you will be given notification prior to such material change(s) and notifying you of your rights to terminate your membership within 7 days of receiving such notice. If you do not notify us that you would like to terminate your membership within the required time frame, your membership for the Services will continue as materially changed.

  • Cynch reserves the right to determine pricing for the Service. Cynch will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Cynch may change the fees for any feature of the Service, including additional fees or charges, if Cynch gives you advance notice of changes before they apply. We also reserve the right under special circumstances to enable free access to our membership content for a limited period of time. During this time you will not be eligible for a refund.

  • If any part of our Service is temporarily unavailable, you will not automatically be entitled to receive a refund. We reserve the right to issue refunds or credits at our sole discretion (unless required to do so under Australian Law). If we issue a refund or credit, we are under no obligation to issue the same or similar refund or credit in the future.

  • For the avoidance of doubt if you are unable to access our Services due to problems not in our control, then you are not eligible for a refund or credit of any nature.

NO REPRESENTATIONS

  • You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Service; what content you access via the Service; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release us from all liability for you having acquired or not acquired content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate, and Cynch is not responsible for this.

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

    • that the Service is free of faults, of merchantable quality or suitable for any particular purpose;

    • that any content accessible through the Service is accurate, complete or current at a given time; or

    • about the availability, continuity or security of the Service.

  • You agree that:

    • You retain control of your business, systems and technology at all times, and no responsibility is transferred to Cynch at any time;

    • in providing information as part of the Service, Cynch is not providing legal or other professional advice or services; and

    • 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:

    • for you to use the Service, Cynch will collect your Data and share that Data with certain third parties contracted by it to assist in the provision of the Service;

    • without this Data, you will not be able to use the Service; and

    • Cynch will comply with its Privacy Policy in respect of all 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:

    • all Data you provide is accurate and complete, both as at the time it is provided and subsequently; and

    • you are authorised, and have obtained all required third party consents, to provide that Data.

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

    • breach the warranty above;

    • fail to comply with any instructions, procedures or information requests that form part of the Service; or

    • fail to ensure that Data provided is accurate and complete.

  • You license and authorise Cynch to use or modify any 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 and its third party licensors.  Except for the rights granted to you under these Terms of Service, you obtain no interest in the Service.

LIABILITY

  • To the maximum extent permitted by law, Cynch 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’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 Service which may not lawfully be excluded, then provided it is fair and reasonable to do so, Cynch’s liability for breach of such a warranty or guarantee will be limited, at its option, to any one or more of the following:

    • 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

    • 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, if you breach any of these Terms of Service. Cynch 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

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

Governing Law

  • This Agreement is governed by and interpreted in accordance with the laws of the State of Victoria, Australia.

DEFINITIONS

  • In these Terms of Service:

    • 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;

    • Intellectual Property Rights means all intellectual property rights, including patents, copyright, rights in circuit layouts, registered and unregistered designs, moral rights, registered and unregistered trademarks, 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

    • Personal Information means:

      • 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

      • 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 from any source in performing its rights or obligations under these Terms of Service.