Terms of Use

1. Acceptance

By accessing or using the website at www.actcyber.com.au and any related subdomains ("Website"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use the Website.

2. About ACT Cyber

The Website is owned and operated by ACT Cyber Pty Ltd (ABN 86 688 456 957), an Australian-incorporated proprietary limited company with its registered office in Canberra, Australian Capital Territory.

3. Information purposes only

Content on the Website is provided for general information purposes only. It describes ACT Cyber’s capabilities, services and approach, but does not constitute:

• professional advice (legal, technical, commercial, security or otherwise);
• an offer to contract; or
• a representation about the suitability of any service for a particular requirement.

Engagement of ACT Cyber’s services is subject to a separate written agreement that defines scope, deliverables, obligations, warranties and protections specific to that engagement. References on the Website to frameworks, certifications and methodologies reflect ACT Cyber’s understanding at the date of publication and are subject to change.

4. Intellectual property

All content on the Website — including text, graphics, logos, layouts, framework references, methodology descriptions, reference architectures, and any content described as the "ACT Cyber Method" — is owned by ACT Cyber Pty Ltd or its licensors and is protected by Australian and international copyright laws.

You may view, download and print content for personal, internal business or professional review purposes only. You may not, without ACT Cyber’s prior written consent:

• reproduce, republish or redistribute Website content for commercial purposes;
• modify, adapt, translate or create derivative works from Website content;
• use ACT Cyber’s name, logos or trade marks other than as expressly permitted;
• frame, mirror or proxy the Website within another website or service; or
• use any automated means (including scraping, harvesting or machine-learning training) to access, copy or extract Website content.

Third-party trade marks and brand names referenced on the Website (including Microsoft, Fortinet, and others) remain the property of their respective owners and are used for identification and reference only.

5. Acceptable use

When accessing or using the Website you must not:

• attempt to gain unauthorised access to the Website or to any systems, networks or accounts connected to it;
• probe, scan, penetration-test or otherwise assess the Website’s security without prior written authorisation from ACT Cyber;
• submit or transmit material that is unlawful, harmful, threatening, defamatory, infringing, harassing or otherwise objectionable;
• upload or transmit software viruses, worms, malware, exploits, or any code designed to interrupt, destroy or limit the functionality of computer software, hardware or telecommunications equipment;
• use the Website to impersonate any person or entity; or
• use the Website in any manner that violates any applicable Australian or international law.

Authorised security research, including responsible disclosure of vulnerabilities, is welcomed. Please contact security@actcyber.com.au to coordinate authorised testing or to disclose findings.

6. Third-party links

The Website may contain links to third-party websites for convenience and reference. ACT Cyber does not endorse, control or accept responsibility for the content, accuracy, security or availability of linked third-party websites. Your use of any linked website is at your own risk and is subject to the terms of that website.

7. Disclaimers

To the maximum extent permitted by law:

1. The Website and its content are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, currency, completeness, or non-infringement.
2. ACT Cyber does not warrant that the Website will be uninterrupted, secure or error-free, or that defects will be corrected within any particular timeframe.
3. Statements about frameworks, methodologies, certifications, regulatory positions and capabilities reflect ACT Cyber’s understanding at the date of publication and may become out of date.

Nothing in these Terms excludes, restricts or modifies any right or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law where such right or remedy cannot lawfully be excluded.

8. Limitation of liability

To the maximum extent permitted by law, ACT Cyber and its directors, employees, contractors, associates and agents exclude all liability for loss or damage (including direct, indirect, incidental, special, consequential or economic loss; loss of profits, revenue, data, goodwill or business opportunity) arising from or in connection with:

• your access to, use of, or inability to use, the Website;
• reliance on any Website content;
• any errors, omissions, interruptions, defects, viruses or unauthorised access to the Website; or
• the conduct of any third party in connection with the Website.

Where liability cannot be excluded under applicable law, ACT Cyber’s liability is limited, at ACT Cyber’s option, to re-supplying the information or service or paying the cost of having the information or service re-supplied.

9. Indemnity

You agree to indemnify and hold harmless ACT Cyber, its directors, employees, contractors and agents from and against any claims, losses, damages, liabilities, costs and expenses (including reasonable legal costs on a solicitor-and-own-client basis) arising from your breach of these Terms or your misuse of the Website.

10. Privacy

ACT Cyber’s collection, use and disclosure of personal information through the Website is governed by our Privacy Policy. Our use of cookies and similar technologies is described in our Cookie Notice.

11. Governing law and jurisdiction

These Terms are governed by the laws of the Australian Capital Territory and the Commonwealth of Australia. You submit to the exclusive jurisdiction of the courts of the Australian Capital Territory and the Federal Court of Australia in respect of any dispute arising out of or in connection with these Terms or the Website.

12. AI use

ACT Cyber’s use of AI-assisted tools in its services and operations is governed by our AI Use Statement. The AI Use Statement forms part of these Terms by reference and sets out the principles, safeguards and engagement controls applied to AI use.

13. User-submitted content and feedback

Any feedback, suggestions, ideas, comments or other material you submit to ACT Cyber through the Website, contact form, email or otherwise ("Submitted Content") becomes the property of ACT Cyber upon submission. You assign to ACT Cyber all intellectual property rights in Submitted Content, and waive any moral rights to the extent permitted by law, free of any obligation by ACT Cyber to attribute, compensate or notify you. ACT Cyber may use Submitted Content for any purpose without restriction, including for service improvement and marketing.

You must not submit any content that is confidential to a third party, classified, subject to security clearance, or otherwise subject to legal restrictions on disclosure.

14. Force majeure

Neither party is liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) where such delay or failure is caused by an event or circumstance beyond that party’s reasonable control, including (without limitation) acts of God, natural disasters, fire, flood, pandemic or epidemic, governmental action or restriction, war, terrorism, civil unrest, cyber incident affecting third-party infrastructure, or failure of critical telecommunications or cloud services. The affected party will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

15. Notices

Notices to ACT Cyber under these Terms may be served by email to info@actcyber.com.au or by physical delivery to ACT Cyber’s registered office. Notices from ACT Cyber to you (where contact details have been provided) may be served by email to the address you have provided, or by prominent posting on the Website. Notices take effect on delivery or on the day after sending by email, whichever is earlier.

16. Assignment

You may not assign, transfer or sub-license any rights or obligations under these Terms without ACT Cyber’s prior written consent. ACT Cyber may assign or novate these Terms, or any rights or obligations under them, in connection with a sale, merger, restructure, change of control or other corporate transaction, without your consent.

17. Changes

ACT Cyber may update these Terms from time to time. The current version is available on the Website with the "last updated" date shown at the top of this document. Your continued use of the Website following any update constitutes acceptance of the updated Terms.

18. Severance

If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision is to be read down to the extent necessary to be valid and enforceable, or, if it cannot be read down, severed. The remaining provisions continue in full force and effect.

19. Contact

For matters relating to these Terms: