Terms and Conditions
Last Updated: March 6, 2025
Introduction
Welcome to Psyber. These Terms and Conditions ("Terms") govern your access to and use of the Psyber website, products, and services (collectively, the "Services").
Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
Psyber (ABN: 82 670 078 752) ("Psyber", "we", "our", or "us") is a cybersecurity awareness training provider based in Sydney, Australia.
Definitions
In these Terms:
"Client" means the person or entity that engages us to provide the Services.
"Content" means all text, graphics, images, music, software, audio, video, information or other materials that we make available through our Services.
"Intellectual Property Rights" means all intellectual property rights, including copyright, patents, trademarks, design rights, trade secrets, circuit layout rights, and all other rights that exist or may exist that can be registered.
"Personal Information" has the same meaning as in the Privacy Act 1988 (Cth).
"User", "you", and "your" refers to the person or entity accessing or using the Services.
Acceptance of Terms
By accessing or using our Services, you represent and warrant that you:
Have read, understood, and agree to be bound by these Terms;
Are at least 18 years of age or have legal parental or guardian consent to access or use our Services; and
Have the legal capacity to enter into a binding agreement with us.
If you are accessing or using our Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Changes to Terms
We reserve the right to modify, amend or update these Terms at any time and for any reason at our sole discretion. We will notify you of any material changes by posting the new Terms on this website and updating the "Last Updated" date.
Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using our Services.
Account Registration
Account Creation
To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
Immediately notify us of any unauthorised use of your account or any other breach of security; and
Ensure that you exit from your account at the end of each session.
We will not be liable for any loss or damage arising from your failure to comply with this section.
Account Termination
We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
Services
Service Description
Psyber provides cybersecurity awareness training and related services as described on our website, including but not limited to:
Awareness Accelerator program
Boardroom Brilliance executive training
Custom security awareness projects
Online training platform
Service Changes
We reserve the right to change, suspend, or discontinue any aspect of our Services at any time, including hours of operation or availability of a feature, without notice and without liability.
Service Limitations
We will use reasonable efforts to make our Services available 24/7. However, there may be occasions when our Services will be interrupted for maintenance, upgrades, or emergency repairs, or due to failure of telecommunications links or equipment.
Fees and Payment
Pricing
The fees for our Services are as stated on our website or as agreed in writing. All fees are in Australian Dollars (AUD) and exclusive of GST unless otherwise stated.
Payment Terms
Payment terms are as stated on our invoice or as otherwise agreed in writing. Unless otherwise specified, payment is due within 14 days from the invoice date.
Late Payment
If you fail to make any payment due to us by the due date for payment, then, without limiting our remedies:
You shall pay interest on the overdue amount at the rate of 2% per month; and
We may suspend the provision of the Services until payment has been made in full.
Fee Changes
We reserve the right to modify our fees at any time. We will give you at least 30 days' notice of any fee changes before they become effective. Your continued use of our Services after the fee change becomes effective constitutes your agreement to pay the modified fees.
Intellectual Property
Our Intellectual Property
All Intellectual Property Rights in the Services and Content are owned by or licensed to us. Nothing in these Terms grants you a right or license to use any of our Intellectual Property Rights.
License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services and Content for your internal business purposes.
Restrictions
You must not:
Copy, modify, or create derivative works based on our Services or Content;
Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for our Services;
Remove, obscure, or alter any proprietary rights notices in our Services or Content;
Sell, rent, lease, or sublicense our Services or Content; or
Use our Services or Content for any unlawful purpose or in any way that infringes the rights of others.
User Materials
If you provide us with any materials or information in connection with our Services ("User Materials"), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Materials for the purpose of providing our Services.
You represent and warrant that you own or have the necessary rights to grant the above license, and that the User Materials do not infringe or misappropriate any third party's Intellectual Property Rights.
Confidentiality
Definition
"Confidential Information" means any information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") in connection with these Terms that is marked as confidential or would reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.
Obligations
The Receiving Party shall:
Keep the Confidential Information confidential;
Not disclose the Confidential Information to any person except with the prior written consent of the Disclosing Party or in accordance with these Terms; and
Use the Confidential Information only for the purpose of performing its obligations or exercising its rights under these Terms.
Exceptions
The obligations of confidentiality under this section do not apply to any information that:
Is or becomes publicly known other than through a breach of these Terms;
Was in the Receiving Party's lawful possession before the disclosure;
Is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure;
Is independently developed by the Receiving Party; or
Is required to be disclosed by law, by any court of competent jurisdiction, or by any regulatory or administrative body.
Data Protection and Privacy
Privacy Policy
Our Privacy Policy, available at [Privacy Policy URL], forms part of these Terms. By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
Data Processing
If we process Personal Information on your behalf in the course of providing our Services, we will:
Process such Personal Information only in accordance with your lawful instructions and these Terms;
Implement appropriate technical and organisational measures to protect such Personal Information;
Assist you in fulfilling your obligations under applicable data protection laws; and
Upon termination of the Services, delete or return all such Personal Information as requested by you.
Warranties and Disclaimers
Our Warranties
We warrant that:
We will provide the Services with reasonable care and skill;
We will comply with all applicable laws in the performance of the Services; and
We have all necessary rights and licenses to provide the Services.
Disclaimers
Except as expressly provided in these Terms, the Services are provided "as is" and "as available" without any warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:
Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
Any warranty that the Services will meet your requirements or be uninterrupted, timely, secure, or error-free;
Any warranty as to the accuracy, reliability, or completeness of any information provided through the Services; and
Any warranty regarding the results that may be obtained from the use of the Services.
Limitation of Liability
Exclusion of Liability
To the maximum extent permitted by law, we exclude all liability for any indirect, special, incidental, or consequential damages, including but not limited to:
Loss of profits, revenue, business opportunity, anticipated savings, goodwill, or reputation;
Loss of or damage to data; and
Any other indirect or consequential loss.
Limitation of Liability
To the maximum extent permitted by law, our total liability to you for all claims arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by you to us in the 12 months preceding the event giving rise to the claim.
Australian Consumer Law
If you are a consumer as defined in the Australian Consumer Law, our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits or excludes your rights under the Australian Consumer Law.
Indemnification
You agree to indemnify, defend, and hold harmless Psyber, its officers, directors, employees, agents, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
Your use of our Services;
Your breach of these Terms;
Your violation of any third-party right, including without limitation any Intellectual Property Right or privacy right; and
Any User Materials you provide.
Term and Termination
Term
These Terms will commence on the date you first access or use our Services and will continue until terminated in accordance with these Terms.
Termination by You
You may terminate these Terms at any time by:
Ceasing all use of our Services; and
Providing written notice to us.
Termination by Us
We may terminate these Terms at any time and for any reason by providing written notice to you. We may also terminate or suspend your access to our Services immediately without notice if:
You breach any provision of these Terms;
We are required to do so by law; or
We believe, in our sole discretion, that your use of our Services is unacceptable.
Effect of Termination
Upon termination of these Terms:
Your right to access and use our Services will immediately cease;
We may delete your account and all associated data; and
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us concerning the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver
No failure or delay by us in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
Assignment
You may not assign or transfer these Terms, or any rights or obligations under these Terms, without our prior written consent. We may assign or transfer these Terms, or any of our rights or obligations under these Terms, to any person or entity at any time without notice or consent.
Relationship of the Parties
Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us.
Force Majeure
We will not be liable for any delay or failure to perform our obligations under these Terms resulting from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.
Dispute Resolution
Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
Notices
All notices and other communications required or permitted under these Terms shall be in writing and shall be deemed to have been given:
When delivered by hand;
When sent by email; or
One business day after being sent by overnight courier.
Notices to us shall be sent to:
Psyber
Email: hello@psyber.com.au
Notices to you shall be sent to the email address you provide to us.
Contact Us
If you have any questions about these Terms, please contact us at:
Psyber
Email: hello@psyber.com.au
Phone: 02 7252 0888