1.1 In this Agreement references to “we”, “our”, “us” and “Secolve” means Secolve Pty Ltd A.C.N. 641 376 927 as trustee for Secolve 20 Unit Trust, and including its employees, contractors, agents and assigns.
1.2 These Terms and any policies or rules which may be posted by Secolve on its website from time to time (collectively the “Terms”) set out the terms and conditions on which Secolve offers you access to and use of our website, services, apps and tools (collectively the “Site”) from within any country in the world.
1.3 Please read these Terms carefully. When you access and/or use the Site you will be deemed to have read and understood, and to have agreed to be bound by, these Terms.
2.1 Secolve provides cyber security services and maintains the Site which includes information about Secolve and the services it provides. The Site may also include general resources about syber security including but not limited to White Papers, Case Studies, Data Sheets, Press Releases, Videos and Webinars.
2.2 In these Terms “Content” means all Content that Secolve makes available through the Site, including text, graphics, software, images, audio, information or other materials, and including any Content licensed from a third party.
3. Terms of Service
3.1 Secolve shall be entitled to immediately terminate these Terms and/or access to the Site at any time in its absolute discretion, without any notice to you.
3.2 Secolve reserves the right to amend these Terms at any time by posting a notice on the Site. If you continue to access the Site after publication of such notice, you will be deemed to have read and understood, and to have agreed to be bound by, the amended Terms.
4. User Conduct
4.1 You acknowledge and agree that you are solely responsible for compliance with all laws, rules, regulations and obligations which may apply to your use of the Site. You agree that you will not;
a) Violate or participate in any violation of any applicable law, rule, regulation or obligation;
b) Use any kind of software, device, script, robot, backdoor or any other means or process to access, scrape, crawl or spider any web pages or other services contained in the Site or the Content;
c) Use or expose, or allow to be used or exposed, any Content;
i) That is not publicly displayed by Secolve on the Site;
d) Use or access the Site or Content for any commercial or other purpose that is not expressly permitted by these Terms;
e) Infringe the rights of any person or entity, including but not limited to privacy rights, intellectual property rights and contractual rights;
f) Interfere with or damage the Site, including but not limited to through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
g) Use the Site to store, transmit, distribute, post or submit any information about any third party, including but not limited to personally identifiable information;
h) Use the Site or Content in connection with the distribution of unsolicited commercial email or advertisements unrelated to the services provided by Secolve;
i) Impersonate any person or entity, or misrepresent yourself or your affiliation with any person or entity;
j) Use automated scripts to collect information from or otherwise interact with the Site or Content;
k) Post, upload, publish, submit or transmit any content which;
i) Infringes, misappropriates a third party’s rights, including but not limited to privacy rights, intellectual property rights and contractual rights;
ii) Violates or encourages any conduct that would violate any applicable law or regulation, or which would give rise to some civil liability;
iii) Is fraudulent, false, misleading or deceptive;
iv) Is defamatory, obscene, pornographic, vulgar or offensive;
v) Promotes discrimination, bigotry, racism, hatred, harassment, violence or harm against any individual or group; or
vi) Promotes illegal or harmful activities or substances;
l) Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, database, directory or similar;
m) Use, display, mirror or frame the Site or Content or any part thereof, or Secolve’s name, trademark, logo or other proprietary information, without Secolve’s prior written consent;
n) Access, use or interfere with non-public areas of the Site or Secolve’s computer systems, including but not limited to scanning or testing the vulnerability of any part of the Site or Secolve’s computer systems;
o) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise interfere with any technological measure implemented by Secolve, its providers or any other third party to protect the Site or Content;
p) Use the Site or Content in any way to send altered, deceptive or false source-identifying information;
q) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content; or
r) Advocate, encourage or assist any third party in doing any of the foregoing.
4.2 Secolve reserves the right to investigate and prosecute any violations of this clause to the maximum extent permitted by law.
4.3 Secolve shall have the right, but is not obliged, to monitor your access to and use of the Site and Content to ensure compliance with these Terms.
5.1 You acknowledge and agree that the Site and Content, including all associated intellectual property rights, are the exclusive property of Secolve.
5.2 You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notice appearing in the Site or Content.
6.1 Subject to compliance with these Terms and all applicable laws and regulations, Secolve grants to you a limited, non-exclusive, non-transferable license to access and view the Site and Content, solely for your own personal purposes and in accordance with these Terms.
6.2 It is an essential term of this license that you will not use, copy, adapt, modify, distribute, sub-license, sell, transfer, publicly display or perform, transmit, broadcast or otherwise exploit the Site or Content, except as expressly permitted in these Terms.
7.1 You acknowledge and agree that if you choose to use the Site and/or Content, you do so at your sole risk.
7.2 All warranties and conditions which may by law be excluded are expressly excluded. Without limiting the foregoing, you acknowledge and agree that we make no representation or warranty about;
a) The Site or the Content; or
b) Whether the Site or the Content will meet your requirements or be available on a secure, interrupted and error-free basis.
8. Governing Law
These Terms shall be deemed to have been made in New South Wales, Australia and shall be interpreted in accordance with the laws thereof. The parties submit to the jurisdiction of the courts of New South Wales and Australia.
If any provision of these Terms is contrary to, prohibited by, or held invalid under any applicable law or regulation of any jurisdiction in which it is sought to be enforced, that provision shall be considered inapplicable and omitted but shall not invalidate the remaining provisions.
Any failure by Secolve to enforce any of the provisions of these Terms shall not be construed as a waiver of such provision or any other provision hereof unless expressly in writing and signed by an authorized representative of Secolve.
11. Third Party Beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
12.1 The Site may contain links to third party websites or resources.
12.2 You acknowledge and agree that Secolve is not responsible or liable for the availability or accuracy of the same, or for the content, products or services available from such websites or resources.
12.3 You acknowledge that links to third party websites or resources do not constitute or imply any endorsement by Secolve and you are solely responsible for choosing whether or not to engage with any third party.