Terms of Use

1 About these terms

These Terms of Use (“Terms”) are a legal agreement between you and iTecz Solutions Pty Ltd (ACN 621 473 256), trading as iTecz Solutions (“iTecz”, “we”, “us” or “our”). They govern your access to and use of our corporate website at itecz.au and our product websites and subdomains, including cfm.itecz.au, kkms.itecz.au, kkdm.itecz.au, vapt.itecz.au, scr.itecz.au and oss.itecz.au (together, the “Sites”).

2 Acceptance & eligibility

By accessing or using the Sites, you confirm that you have read, understood and agree to these Terms and our Privacy Policy. If you are using the Sites on behalf of an organisation, you represent that you are authorised to bind that organisation. If you do not agree to these Terms, you must not use the Sites.

The Sites are intended for users aged 18 and over and located in jurisdictions where our products and services are lawfully available.

3 Products & separate agreements

Our Sites describe products and services including CFM, KKMS, KKDM, Penetration Testing, Secure Code Review and Open Source Security. Information on the Sites is provided for general information and does not constitute an offer or a binding commitment to provide any product or service.

4 Acceptable use

When using the Sites, you agree that you will not:

• use the Sites in breach of any law, or for any unlawful, fraudulent or harmful purpose;
• attempt to gain unauthorised access to, interfere with, or disrupt the Sites, our systems or networks;
• introduce malware, conduct denial-of-service attacks, or attempt to probe, scan or test the vulnerability of our systems without our prior written authorisation;
• copy, scrape, harvest or republish content from the Sites except as expressly permitted;
• infringe our or any third party's intellectual property or other rights; or
• impersonate any person or misrepresent your affiliation with any person or organisation.

5 Security services

Our security services — including Penetration Testing, Secure Code Review and Open Source Security — are performed only under a signed engagement that defines the scope, targets and authorisation. Nothing on the Sites constitutes authorisation to test, attack or assess any system. We conduct security work lawfully, with the explicit written permission of the system owner, and in accordance with the agreed rules of engagement.

6 Intellectual property

All content on the Sites — including text, graphics, logos, the iTecz name and marks, software, designs and their selection and arrangement — is owned by or licensed to us and is protected by Australian and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Sites for their intended purpose. You must not reproduce, distribute, modify or create derivative works from our content without our prior written consent, except as permitted by law.

7 Third-party links

The Sites may contain links to third-party websites or resources. We provide these for convenience only and do not endorse or accept responsibility for their content, products or practices. Your use of any third-party site is at your own risk and subject to that site's own terms.

8 Disclaimers

The Sites and their content are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, and subject to the section on the Australian Consumer Law below, we make no warranties or representations that the Sites will be uninterrupted, error-free, secure, or free from viruses, or that the content is accurate, complete or current. You are responsible for your use of the Sites and any decisions you make based on their content.

9 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded.

Where our goods or services come with guarantees that cannot be excluded under the Australian Consumer Law, and where we are entitled to do so, our liability for breach of such a guarantee is limited (at our option) to: in the case of services, resupplying the services or paying the cost of having them resupplied; and in the case of goods, replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so.

10 Limitation of liability

Subject to the section on the Australian Consumer Law above, and to the maximum extent permitted by law:

• we exclude all liability for any indirect, incidental, special or consequential loss, or loss of profits, revenue, data, goodwill or business opportunity, arising from or in connection with your use of the Sites; and
• our total aggregate liability arising out of or in connection with the Sites is limited to AUD $100, or, where a service is provided under a separate agreement, to the amount specified in that agreement.

You agree that you use the Sites at your own risk.

11 Indemnity

To the maximum extent permitted by law, you agree to indemnify us against any loss, damage, cost or expense we suffer or incur arising from your breach of these Terms, your misuse of the Sites, or your violation of any law or the rights of a third party.

12 Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Sites, you consent to the collection, use and disclosure of your personal information in accordance with that policy.

13 Suspension & termination

We may suspend, restrict or terminate your access to the Sites at any time, without notice, if we reasonably believe you have breached these Terms or to protect our Sites, users or business. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnity and governing law — will continue to apply.

14 Changes to these terms

We may update these Terms from time to time. The current version will always be available on this page, with the “Last updated” date shown at the top. Changes take effect when published, and your continued use of the Sites after that constitutes acceptance of the updated Terms.

15 Governing law

These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia, and the courts competent to hear appeals from them.

16 General

• Entire agreement — these Terms, together with our Privacy Policy and any applicable separate agreement, form the entire agreement between you and us regarding the Sites.
• Severability — if any provision is found to be invalid or unenforceable, it will be read down or severed, and the remaining provisions will continue in full force.
• Waiver — our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment — you may not assign your rights under these Terms without our consent; we may assign ours in connection with a sale or restructure of our business.

17 Contact us

If you have any questions about these Terms, please contact us: