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Terms

Last updated 1 January 2023.

Vertex Technologies Pty Ltd ACN 611 787 029 trading as Vertex Cyber Security (Vertex, us, our, we) owns and operates the website located at https://vertexcybersecurity.com.au (Website).  These terms of use (Terms) govern your use of the Website, any products and services available on the Website (Services) and all of the files located in or accessible on the Website.  These Terms form a binding contractual agreement between you, as the user of the Website and us. By accessing the Website, you acknowledge and agree that you have had sufficient chance to read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.

These Terms may be modified from time to time and you should regularly review them. Your continued use of the Website constitutes your agreement to any modified Terms.

If you are party to the Vertex Subscription Terms, relating to the subscription to our various products and services, then these Terms must be read in conjunction with the Vertex Subscription Terms.

1. Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

2. Linked Websites

This Website may contain links to other websites, frames or other references to other parties and their websites (Linked Sites), which are not operated by Vertex. Vertex:

  • has no control over the Linked Sites;
  • accepts no responsibility for them or for any loss or damage that may arise from your use of Linked Sites;
  • makes no warranty about the accuracy, timeliness or subject matter of the material located on those Linked Sites;
  • make no warranties or representations that material on Linked Sites do not infringe the intellectual property rights of any other person; and
  • does not necessarily approve of, endorse, or sponsor any content or material on such Linked Sites.

3. Privacy Policy

Our privacy policy, which sets out how we will use your information, is incorporated into these Terms by reference, and can be found at https://www.vertexcybersecurity.com.au/privacy-policy/. By using this Website, you consent to the collection of information as described in the privacy policy and warrant that all information provided by you is accurate.

4. Prohibitions

  • You must not misuse this Website or, in using this Website:
    • hack into any aspect of the Service; corrupt data; cause annoyance to other users;
    • infringe upon the rights of any other person’s proprietary rights;
    • send any unsolicited advertising or promotional material, commonly referred to as “spam”;
    • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Website;
    • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
    • use this Website to decipher passwords or security encryption codes, transmit or distribute any worms, viruses, logic bombs, Trojan horses, or other malicious or harmful material, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
    • use this Website to:
      • violate any applicable local, state, national or international law;
      • engage in criminal conduct; or
      • engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
    • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Website;
    • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Website;
    • reproduce, duplicate, copy or store any of the material appearing on this Website other than for your own personal and non-commercial use;
    • do anything that leads, or may lead, to a decrease in the value of Vertex’s intellectual property rights in this Website;
    • use or exploit any of the material appearing on this Website for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Website;
    • use this Website to transmit any information or material that is, or may reasonably be considered to be:
      • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
      • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
      • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
      • in breach of any person’s privacy rights;
      • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so; or
      • likely to bring Vertex or any of its personnel into disrepute.
    • attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
  • We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

5. Intellectual property, software and content

(a) Copyright

In these Terms the term “Proprietary Content” means:

  • this Website;
  • all of its content (including all of the text, graphics, images, designs, software, data, sound and video files and other information contained in this Website, and the selection and arrangement thereof); and
  • all software, systems and other information owned or used by Vertex in connection with this Website (whether hosted on the same server as this Website or otherwise).

All Proprietary Content is the property of Vertex or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with the prior written consent of Vertex or other copyright owner (as applicable).

You may download and print out content from this Website only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

(b) Trademarks

The look and feel of this Website (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Vertex. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Vertex.

(c) Copyright claims

If you believe that our Website contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Website to Linked Site that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing.

6. Disclaimer as to warranties

To the maximum extent permitted by law, Vertex and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this Website, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement.

This Website is provided strictly on an “as is” basis. To the maximum extent permitted by law, Vertex and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Website or any of its content, and in particular do not represent, warrant or guarantee that:

  • the use of this Website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  • this Website will meet your requirements or expectations;
  • anything on this Website, or on any Linked Site, is reliable, accurate, complete or up-to-date;
  • the quality of any information or other material purchased or obtained through this Website will meet any particular requirements or expectations;
  • errors or defects will be corrected; or
  • this Website or the servers that make it available are free of viruses or other harmful components.

7. Disclaimer of liability

(a) To the fullest extent permitted by law Vertex expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those Websites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

(b) Paragraph (a) above does not affect Vertex’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

8. Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other Website, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

9. Release and Indemnity

(a) You agree that your use of this Website is at your own discretion and risk. You agree to release Vertex and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Website by you or any other person. Vertex may plead this release as a bar and complete defence to any claims or proceedings.

(b) You agree to indemnify, defend and hold harmless Vertex, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms.

10. Invalidity

If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

11. General

(a) Concerns or complaints

If you have any concerns, complaints or comments regarding the content of the Website, please contact Vertex.

(b) Governing law and jurisdiction

These Terms will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

(c) No waiver

Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Vertex to act with respect to a breach by you or others does not waive Vertex’s right to act with respect to that breach or any subsequent or similar breaches.

(d) Severability

The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

12. Interpretation

In these Terms, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
  • these Terms may not be construed adversely against Vertex solely because Vertex prepared them;
  • the singular includes the plural and vice-versa;
  • a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
  • the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

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Cyber Security by Vertex, Sydney Australia

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  • 1300 229 237
  • Suite 13.04 189 Kent Street Sydney NSW 2000 Australia
  • 121 King St, Melbourne VIC 3000
  • Lot Fourteen, North Terrace, Adelaide SA 5000
  • Level 2/315 Brunswick St, Fortitude Valley QLD 4006, Adelaide SA 5000

(c) 2025 Vertex Technologies Pty Ltd.

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We acknowledge Aboriginal and Torres Strait Islander peoples as the traditional custodians of this land and pay our respects to their Ancestors and Elders, past, present and future. We acknowledge and respect the continuing culture of the Gadigal people of the Eora nation and their unique cultural and spiritual relationships to the land, waters and seas.

We acknowledge that sovereignty of this land was never ceded. Always was, always will be Aboriginal land.