Terms & Conditions
Agreement
1.1 Acceptance of Agreement
a. This Agreement is signed between Jypra Group (ACN: 648 420 099 and ABN: 68 648 420 099) and the Customers.
b. This Agreement overrides and replaces any prior agreements between Jypra Group and the parties.
c. By using Jypra Group, you agree to accept the terms and conditions of this Agreement and any other regulations that apply to your Account type.
d. These terms apply to your use of the Website and the Service.
e. You have no right to receive information or continue using the Website or the Service if you do not agree to all these terms.
f. These conditions apply to all uses of the Website and take effect when you first use the Website.
g. You are responsible for verifying that you have read, comprehended, and agreed to the most updated policies listed on the Website.
h. By using the Services, you confirm that you have reviewed and acknowledged this document and that you have the ability to respond on behalf of any person for whom you are using the Service. You agree to this Agreement on behalf of any entity for which you use the Service.
i. We may update this Agreement at any time by publishing the new terms of service on the Website providing 30 days’ notice unless otherwise indicated in this Agreement.
j. The Customer accepts this Agreement by performing one or more of the following:
- Signing the contract terms; or
- Signing the offer, Timeline, or quotation provided by Jypra Group to which these terms & conditions were associated or attached; or
- Accepting a Proposal issued by Jypra Group, whether electronically through Jypra Group’s quotation platform or in document.
- Making a purchase or request for the Products, Subscriptions, or Services stated in a quotation.
- Defined Terms and Their Explanation
2.1 Definition
Unless expressly stated differently in the terms and conditions of the Agreement, the preceding terms have the following purposes:
a. A membership account to utilise the Service is referred to as an account.
b. The document and any other policies published on the Website are referred to as the Agreement.
c. Data refers to any item we deliver through the Software, including documents, information, or data.
d. Any functionality option available in the paid Account dashboard is referred to as a feature.
e. All current and projected rights imparted by statute, common law, or equity (as well as all moral rights) in or relating to business names, devices, personal data, intellectual property laws, models, domains, methodologies, innovations, expertise, patent rights, and trademarks are known as Intellectual Property Right
f. Any assurance, term, or warranty (such as those implied by the Competition and Consumer Act 2010 (Cth)) that cannot be excluded by law is referred to as a non-excludable condition.
g. The term “Privacy Law” refers to the Privacy Act 1988 (Cth) and any regulation filed under the Privacy Act or the Australian Privacy Principles
h. Privacy Policy refers to Jypra Group’s Privacy Policy, which is published on the Website or revised periodically by Jypra Group.
i. All documentation, images, Content, text, applications, and resources submitted by you to the Website or in conjunction with the Service are referred to as Posted Content.
j. Service refers to any cyber security service offered by Jypra Group to you, including but not limited to your cyber security risk assessment report.
k. The payment duration and mechanism for a paid Account are referred to as the Subscription Period.
l. The term refers to the length of time you have an active Account.
m. You refer to a person or entity who uses the Services.
n. The website and/or platforms on the jypragroup.com.au domain are referred to as the website.
o. ‘Quote’ refers to a quotation for Products, Subscriptions, or Services sent to the Customer by email or other procedures.
- Informational Reason
3.1 Disclaimer
a. All documentation on the Website is provided solely for informative reasons and should be used or depended upon at your own responsibility. Furthermore, we offer no warranties or guarantees about the information’s correctness.
b. Unless we clearly say differently in writing, the information we offer in a report or evaluation does not consider your or any third party’s entire specific circumstances and is based on standardised methods.It is your duty to determine if the Service is appropriate for your specific needs. We urge that if you are unclear or have doubts, you seek expert assistance before taking disciplinary steps that may impact your financial or legal situation.
3.2 Content
- Our Service enables you to upload, link, store, distribute, and make information, text, images, videos, or other resources (“Content”) accessible. You are solely responsible for the Content you upload to the Service, including its integrity, dependability, and suitability.
- You authorise us the right and permission to use, edit, display the work, publicly announce, reproduce, and distribute such Content on and via the Service by uploading it to the Service. You own all copyrights to all Information you submit, publish, or display on or via the Service, and you are committed to protecting such copyrights.
- You acknowledge and agree to the following:
- The Contents are all yours (you own everything), or you have the permission to use it and give us the rights and licence stated out in these Terms, and publishing your contents on or via the Services does not breach any individual’s rights, reputation, copyrights, Agreement, or other rights.
- The Content will not enable you or us to violate any legislation, law, standard, code, or other legal responsibility, and the Content will not enable you or us to violate any legislation, law, standard, code, or other legal responsibility.
- The Content will not or should not be regarded as vulgar, unsuitable, slanderous, insulting, immoral, seditious, objectionable, pornographic, harassing, violent, likely to promote racial hate, discrimination, religion, breach of confidentiality, or invasion of privacy.
- There shall be no informal, hidden, or unpermitted marketing in the Contents.
- The Contents do not include any forms of malware or other computer software, files, or programmes that are intended to disrupt, damage, or limit the performance of any software applications, hardware, or communication devices; and
- Jypra Group and our services are not harmed due to the Content.
d. You undertake to preserve any documents required to prove that your Contents do not breach any of the terms of this paragraph and to make such documents available upon our reasonable question.
e. We are not required to constantly monitor the correctness or integrity of your Contents included in the Services. We have the right, at any moment, to change or eliminate any Content.
- User Account
4.1 Using Our Services
- Submit your Personal Details
- Create a new account with us.
4.2 Account Categories
a. Should you need an account, you understand that we have a wider range of account categories available, and it is your obligation to research and analyse your specific circumstance to choose which account category is best for you.
4.3 Term Time Duration
- A User’s account Term begins once you create an account to use the Service and expires when:
- You decide to close your account and
- In the event of paid User Accounts, the account will be terminated only after the Subscription Period expires
4.4 Information provided by the User
You commit to offering us any relevant data we legitimately seek to set up your user account and operate the Service. You assure the following:
When you register a user account with us, you must always submit us with truthful, accurate, and up-to-date information. Failure to do so violates the Terms, and your user account on our Service will be terminated immediately
b. You will notify us if you update any information in the user account.
4.5 Closure of your Account
a. In our sole discretion, we have the right to turn down any new User account.
b. If we deny any paid account after payment has been completed, we will immediately refund the amount.
4.6 Security Commitments
a. You are solely responsible for the security of the account password you use to access services, as well as any functions or acts carried out under your account, regardless of your login with our Services or a third-party provider.
b. You commit not to reveal your user credentials to anybody else. You agree to accept complete responsibility for any activity involving your account or password. You must contact us promptly if you become aware of any security breach or unauthorised use of your account.
5. Account Payment
If your User account is a subscriptions Account, you agree to abide by this section following:
5.1 Choosing a Subscription Term
a. You must pick your Subscription Period payment at the time of registration to create a paid account.
b. We have the right to change any part of the Subscription Period, such as the addition or removal of a mode of payment, with one months notice.
5.2 Payment Subscription Period
a. If you remove your Paid Subscriptions using your User account before the end of the current subscription term, only if it was acquired as a pre-paid subscription, your subscription to the Services will automatically renew at the conclusion of the billing cycle.
b. Unless you want an instant termination at the time of your request, the cancellation will take full effect the day after the final day of the existing Subscription Time Period.
5.3 Defer
5.4 Price Changes
a. We own the right to change the prices for our services anytime
b. If you own a paid user account, we will provide you with thirty days’ notice of the New Price. The New Price will only apply to durations for that you’ve not yet paid. The price will not be changed indefinitely.
c. If you do not own a paid User account, we have the right to change the pricing displayed on the website at any time and without notification to you.
d. Unless you discontinue your paid User account well before the expiration of the existing Subscription Period, the New Price will be applicable as of your next billing date and presumed approved by you.
- Service
6.1 Features
a. You accept to use only the Features in the way in which they were provided.
b. You understand that a particular feature may not be accessible for your Account type, and we are not responsible for any loss you receive as a result of the lack of accessibility of a Feature, either implicitly or explicitly.
c. Using a Feature is your responsibility, and you accept that we are not accountable for any consequence of using any features, either implicitly or explicitly.
d. We retain the right to update, revise, amend, add, or delete a Feature at any time without prior notification.
6.2 Content Uploaded
In relation to Submitted Content, you declare that you will not post any of the following:
a. in violation of any third party’s intellectual property rights;
b. in violation of any provision of the Privacy Act 1988 (Cth);
c. impacted by a malware attack or harmful code;
d. associated with “spam” or the “spamming” activity;
e. which is untrue, libellous, manipulative, or in any other manner deceptive;
f. which is expert financial, legal, social, or other advice;
g. which was likely to abuse, degrade, or embarrass anyone because of their race, religion, ethnicity, gender, age, sexual orientation; or
h. in violation of any other provision of this Agreement
i. You acknowledge that any statements or views expressed will be truthful, accurate, and genuine at the time of contact.
6.3 Accountable for Submitted Content
We offer no assurances on the integrity of any Submitted Content and assume no responsibility for general mistakes or inaccuracies.
6.4 Unavailable Services
You understand and accept that the Services will be accessible only over the Internet (or other access to our third-party servers) and will not be accessible “domestically” from your own servers.
6.5 Sevices Managed by Third Parties
You understand and accept that the Services are hosted on third-party servers that are operated and managed by a third party.
As a result, you understand that certain functions are outside our influence, such as:
6.6 Services in Development
You understand and accept that we may offer all or portions of the Service in a beta/development form and that in such an event, you should use the Services with that degree of assurance in mind
6.7 Jypra Group has the right to change services at any time
At our absolute discretion, we retain the right to update, manage, adjust, backup, edit, add to or remove things from, redesign, enhance, and otherwise modify the Services.
6.8 Unintended lack of access
Accessibility to all or a portion of the Services may be interrupted or restricted from time to time, without notice. During such an outage, we shall reasonably restore access to the Services as quickly as possible.
6.9 Intended lack of access
We retain the right to temporarily disable some or all of the Services as needed for improvements, maintenance, and modifications. We will take the best attempt to provide you with early warning of any inaccessible time; nevertheless, you acknowledge that this may not always be practicable, and we will not be responsible for any loss or cause you may incur during such interruption.
6.10 Issues
You understand and accept that technical or administrative mistakes in the information concerning the Services may occur, including but not limited to inaccuracies in product description and price.
6.10 Issues
You understand and accept that technical or administrative mistakes in the information concerning the Services may occur, including but not limited to inaccuracies in product description and price.
We retain the right, at our sole discretion, to do any of the below without notice
b. Rectify any technical or grammatical mistakes on the Website
c. Make changes to the website or service
6.11 Security Responsibilities
We immediately take reasonable precautions to protect the Service from security breaches per widely accepted quality Cyber Security standards.
6.12 Third-Party Relationship
The Website may include hyperlinks and other connections to third-party websites. We have no control over these third-party websites and are therefore not responsible for their content or any hyperlinks contained in them. We provide the hyperlinks solely for your benefit and do not explicitly or implicitly imply our affiliation, sponsorship, or authorization of a third-party company or the products and services provided at a third-party website. You access a third-party website fully at your own responsibility.
6.13 Service Support
We shall only offer you support for the services via email, at our absolute discretion.
- Service in accordance with the law
7.1 Legal use
You commit to:
- violate the Intellectual Property Rights of a third party
- violate any Privacy Law
- violate any other relevant legislation or regulation
7.2 Unlawful behaviour
a. use the Website to publish or transfer any information that conflicts with other customers or disrespects, harasses, abuses, threats, upsets, or restricts any person from using the Website or the Internet
b. interfere with, obstruct, or change the Website in any manner
c. wilfully send viruses or other disabling characteristics to or through the Website
d. purposefully undermine or bypass any Website protection or disabling feature
e. Any software programmes, code, or scripts installed or stored on or through the Website
f. use the Services in any method that might reasonably be anticipated to compromise with or disrupt our infrastructure, the network of any other provider, or the experience of another subscriber
g. Commit any of the mentioned activities, or enable or help another person in attempting any of the aforementioned acts.
7.3 Jypra Group Suspend Rights
We retain the right to do the following:
b. If, in our reasonable judgement, you have breached any of the commitments or representations set out in this Agreement.
- Privacy Policy
8.1 Privacy Policy
- Data handling
9.1 Allowed use of information
- for any intended purposes, and therefore are not restricted to advancement, testing, illustration, or researching.
- for any other reason, it seems proper, including promoting the data for third-party usage, as long as the information is de-identified.
9.2 Allowed use of information
We reserve the right to outsource the retention of any Information to a third party (or several third parties) without notifying or obtaining your approval.
9.3 Backup
- Intellectual Property
10.1 Intellectual Property Rights
a. Jypra Group Pty Ltd and its partners on the Service and its original content (excluding user-provided material), technologies, and functionality, which are and will persist the sole property of Jypra Group Pty Ltd and its partners. The Service is covered by copyrights, intellectual property laws, and other laws in Australia and other countries. Without the prior written approval of Jypra Group Pty Ltd, our copyrights and trade design will never be utilised in conjunction with any service or product.
b. Without our prior written approval, customers must not duplicate, modify, use, or engage in our trade marks (whether registered or unregistered).
c. Any viewpoints, recommendations, comments, services, offerings, or other details or content expressed or made accessible by other users are solely those of the various owners or providers, and not of Jypra Group.
- Warranties
We provide no assurances or warranties
- Limitation of Liability
b. We will not be liable for any implied, harsh disciplinary, special, entirely unrelated, or impactful losses (such as loss of profits, income, net profit, utilise, confidentiality, information, positive reputation, or other financial benefits), regardless of how it emerges, whether for breach of contract or in a wrongful act, even if we have been earlier made aware of such losses.
c. You are solely responsible for sufficient security control and backup of data and/or devices used in conjunction with your use of the Service and will not bring a statement against you for lost items, re-run cost, incorrect instructions, work interruptions, or lost earnings of using the Service. You are not permitted to transfer or otherwise sell your account to anybody else.
d. Without limiting the above, our total liability to you shall in no instance exceed the payments you provided.
- Termination
When you terminate your Account:
a. This Agreement will expire (that is, it will be terminated)
b. Your access to the Services will be terminated.
c. We may, but are not required to, preserve any Data from your Account for up to thirty days after you terminate your Account, and it is your obligation to collect your Data before terminating the Agreement.
d. For the avoidance of dispute, the responsibilities under section 8, Privacy, shall continue to apply while we retain any information in relation to your user account.
- Disclaimer
Your use of the Service is entirely at your own risk. The Service is offered “AS IS” and “AS AVAILABLE.”The Service is provided “as is,” with no explicit or implied warranty at all, including but not restricted to implied merchantability, suitability for a specific purpose, non-infringement, or condition of performances.
Jypra Group Pty Ltd, its partners, associates, and rights holders make no guarantee that a) the Service will operate continuously, securely, or at any specific time and location; b) any failures or faults will be rectified; c) the Service is free of viruses and other malicious components; or d) the outcomes of using the Service will meet your needs
This disclaimer of liability applies to any losses or harm caused by any malfunction of effectiveness, mistake, failure to act, obstruction, removal, deficiency, postponement in operation or communication, virus attacks, better experiences failure, exploitation, or loss, or unauthorised access to or use of documentation in link with the use or function of the Service, whether for breach of the contract, wrongful act behaviour, carelessness, or any other cause of activity.
We make no express or implied portrayals or guarantees about the correctness, precision, durability, appropriateness, or accessibility of the content enclosed in the Service for any purpose. Any reliance on such information is thus entirely at your own risk. We make no express or implied warranties, representations, or guarantees about the effectiveness or profitability of the Service, or that it will operate without
interruptions or errors. We are not responsible for the consequences of any service interruptions or errors.
- Exemptions
The restrictions above may not apply to you because some countries do not enable the cancellation of certain guarantees or the elimination or limitations of responsibility for consequential or incidental losses.
- Governing Law
These Terms will be governed and implemented in accordance with Queensland law, without respect to its conflict of law rules.
Our inability to execute any of these Terms’ rights or provisions will not be construed as a waiver of such rights. If a court rules that any term of these Terms is unlawful or unenforceable, the other provisions will continue in effect. These Terms represent our whole Agreement with respect to our Service, and they override and replace any earlier agreements we may have had with respect to the Service.
- Changes
We retain the right to change or update these Terms at any time at our sole discretion.
If the change is significant, we will endeavour to provide you with at least 15 days’ notice before the new terms take effect.
It is solely your duty to review these Terms for any modifications on a regular basis.
It is solely your obligation to discontinue using the Service if you do not agree with any of the modifications to these Terms. Ongoing use of the Services will be interpreted as acceptance of these terms.
- Contact Us
Don’t hesitate to get in touch with us if you have any issues regarding these Terms at info@jypragroup.com.au