Welcome to our website. This website is owned and operated by Shore Up Security Pty Ltd (ABN 80 609 698 562), its successors and its assignees (“we”, “our” or “us”). It is available at: passwordcoach.com (Site) and may be available through other addresses or channels.
1. Information: The information, including statements, opinions and documents, contained in this Site and otherwise provided by us (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
2. Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.
3. Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site.
4. Licence to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.
5. Prohibited conduct: You must not:
(a) use the Site for any activities, or post or transmit any material from the Site:
- unless you hold all necessary rights, licences and consents to do so;
- that infringes the intellectual property or other rights of any person;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that defames, harasses, threatens, menaces, offends or restricts any person;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
- that would bring us, or the Site, into disrepute;
(b) interfere with or inhibit any user from using the Site;
(c) use the Site to send unsolicited email messages;
(d) attempt to or tamper with, hinder or modify the Site, or the content on the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, malware, ransomware, viruses, or piracy or programming routines that may damage or interfere with the Site; or
(e) facilitate or assist a third party to do any of the above acts.
6. Copyright and intellectual property rights: Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.
You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.
You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:
(a) altering or modifying any of the code or the material on the Site;
(b) causing any of the material on the Site to be framed or embedded in another website;
(c) creating derivative works from the content of the Site; or
(d) using the Site for commercial purposes.
7. Republishing: You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:
(a) you must make no alterations to the material;
(b) you must attribute the material to our Site, including linking back to our Site where possible;
(c) you must not use the material for commercial gain; and
(d) you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.
9. Your content: If you choose to add any content on the Site, you:
(a) warrant to us that you have all necessary rights to post the content;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
(c) consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
10. Third party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
11. Third party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
12. Reservation of rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
13. Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot and do not warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
14. Limitation of liability: To the extent permitted by law, you assume all risk and we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site or any other information that we may provide to you or arrange to be provided to you in any format whatsoever or any damage or loss occasioned to your computer, device or operating system as a result of your use of and access to the Site and the information, content, products, services and materials contained therein.
To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
15. Disclaimer: The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality, and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time. You agree to assume all risk in downloading and using any site materials, and with respect to any actions that you undertake based on any site materials. You must take precautions (e.g., virus scans, etc.) to ensure that any content you download is free of viruses, worms or other potentially destructive elements.
While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
(a) the usefulness, quality, suitability, truth, completeness, accuracy, reliability, suitability, reliability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
(b) Third Party Information; or
(c) Third Party Sites.
You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.
16. Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
(a) your use of or access to the Site or your use of or application of Information provided by us;
(b) any breach by you of these Terms; or
(c) any wilful, unlawful or negligent act or omission by you.
This clause 16 will survive the termination of these Terms and your ceasing to use Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
17. Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.
18. Exclusion of competitors: You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.
19. Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
20. Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
21. Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
22. Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
23. Jurisdiction: Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
For questions and notices, please contact us at:
Shore Up Security Pty Ltd (ABN 80 609 698 562)
PO BOX R1703 Royal Exchange NSW 1225 AUSTRALIA
Last update: 25 October 2016
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.
TERMS AND CONDITIONS
1.1 These Terms and Conditions (Terms) are between Shore Up Security Pty Ltd (ABN 80 609 698 562), its successors and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity described in the Terms (referred to as “you” or “your”), each a Party and collectively the Parties. These Terms apply to all sales made by us to you. These Terms are also available on our Website, store.passwordcoach.com (Site).
1.2 You accept the Terms by either making part or full payment for the goods listed on the Site.
1.3 You agree that these Terms form the agreement under which we will supply goods to you. Please read these Terms carefully. Please contact us if you have any questions using the contact details at the end of these Terms. Purchasing goods from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order or use the goods if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you must not use or purchase our goods.
2.1 We offer e-books for sale and free of charge through the Site (Goods).
2.2 You can request Goods in the manner set out on the Site (Goods Request).
2.3 The fee for the Goods (if any) is the fee indicated on the Site or as advised by us (Goods Fee).
2.4 The Goods Fee (if any) is payable by way of Stripe at the time of the Goods Request or as advised by us.
2.5 When you purchase or download Goods from us your name and email address will automatically be added to our marketing database (Database). By purchasing or downloading Goods from us you expressly agree to us adding you to the Database and sending you our e-newsletter and security update information from time to time. You may unsubscribe from the Database at any time by selecting the unsubscribe link contained in all our marketing communications.
2.6 You may be able to purchase a hard copy of the paid-for Goods on Amazon. If you elect to purchase the Goods through Amazon, you fall outside the ambit of these Terms and will be subject to Amazon’s terms, policies and procedures.
2.7 We will deliver the Goods to you by way of a link contained in an email that we will send to you (Email). The Email link will allow you to download the Goods onto your operating system or device. We agree to send the Email promptly and with due care and skill. The delivery of the Goods does not grant you any commercial or promotional use rights in the Goods.
2.8 We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.
2.9 Once a Goods Request has been submitted you cannot request variations and/or additions to the Goods to be provided under the Goods Request. Any variations and/or additions will constitute a new Goods Request and will not waive liability under the original Goods Request.
2.10 Once purchased, you are authorised to use the Goods for personal, non-commercial use only and must not copy, translate, make available, distribute, vary or otherwise modify the Goods in any shape or form either socially or commercially.
2.11 Any feature of the Goods that allows you to export or copy the Goods is a capability that that has been included to ensure that you can make full use and enjoyment of the Goods and it does not constitute a grant or waiver of any rights to the Intellectual Property that subsists in the Goods.
2.12 You warrant and acknowledge that you will not assist, attempt to assist or encourage any other person to circumvent or modify any security features inherent in the Goods.
2.13 We reserve the right, in our absolute discretion, to change the system requirements necessary to access and make use of the Goods. Such changes may require you to obtain additional software and upgrade your operating system or device for a fee. You acknowledge that it is your responsibility to ensure that you have a compatible operating system or device through which you can access and make use of the Goods and you agree to hold us harmless and indemnify us in respect of the same.
3. PRICE, INVOICING AND PAYMENT
3.1 You agree to pay us the Goods Fee (if any) for the Goods that you have requested, as set out on the Site or as advised by us. All amounts are stated in US dollars. All amounts include Australian GST (where applicable).
3.2 Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for Goods provided to you after the date of the change. All other changes will apply from the date of the change.
4. YOUR ACKNOWLEDGEMENTS AND WARRANTIES
4.1 You acknowledge that you are solely responsible for determining the suitability of any of the Goods and information contained therein, and your reliance on any information that is provided to you through our Site and/or in the Goods is at your own risk.
4.2 You acknowledge that the Goods provided do not guarantee a particular outcome or change to your password security arrangements.
4.3 You acknowledge that we do not accept responsibility for any disruptions, disturbances, faults or malfunctions of the Site and other sites we may use to provide the Goods from time to time, including but not limited to errors in function, virus and other malicious software, video time delays or the stability of the Site, which may affect your access to and use of the Goods, and you cannot make a claim in respect of any such disruptions, disturbances or malfunctions.
4.4 You acknowledge that we do not accept responsibility for any disruptions, disturbances, faults, breaches or malfunctions to your security systems, accounts and networks as a result of you implementing security techniques, tips and or procedures set out in the Goods.
4.5 You warrant that throughout the term of these Terms that:
(a) there are no legal restrictions preventing you from agreeing to these Terms;
(b) you will cooperate with us and provide us with information that is reasonably necessary to enable us to supply the Goods to you, and comply with these requests in a timely manner;
(c) the information you provide to us is true, correct and complete;
(d) you will not infringe any third party rights in working with us and receiving the Goods; and
(e) you will inform us if you have reasonable concerns relating to our provision of Goods under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns.
5. OUR INTELLECTUAL PROPERTY
5.1 The Goods and e-newsletters that we provide to you contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.
5.2 You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.
5.3 Your use of our Materials does not grant you a licence, or act as a right to use any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
5.4 You must not breach our Intellectual Property rights by, including but not limited to:
(a) altering or modifying any of the Materials;
(b) creating derivative works from the Materials; or
(c) using our Materials for commercial purposes such as on-sale to third parties.
5.5 The obligations under this clause will survive termination of these Terms.
6. FEEDBACK AND DISPUTE RESOLUTION
6.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Goods, please contact us.
6.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
6.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, in law or in equity.
7. TERM AND TERMINATION
7.1 These Terms terminate automatically upon the completion of a sale or download, as the case may be.
7.2 Either Party may terminate these Terms, if there has been a material breach of these Terms, subject to the following dispute resolution procedure.
7.3 We may terminate these Terms immediately, at our sole discretion, if:
(a) we consider that a request for the Goods is inappropriate, improper or unlawful;
(b) you fail to provide us with clear or timely instructions to enable us to provide the Goods;
(c) you post inappropriate comments in the comments section on our Site;
(d) you fail to pay the Goods Fee;
(e) for any other reason outside our control which has the effect of compromising our ability to deliver the Goods to you within a reasonable timeframe;
7.4 Except as otherwise provided in these Terms, on termination of these Terms you agree that any Goods Fee or payments made are not refundable to you.
7.5 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
8. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
8.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Goods by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.
1.1 Goods: If you are an Australian consumer as defined in the ACL, the following applies to you: You are entitled to a refund or replacement for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality.
8.2 Delay: Where the provision of Goods depends on your information or response, we have no liability for a failure to perform the Goods where it is affected by your delay in response, or supply of incomplete or incorrect information.
8.3 Refund: If you are not completely satisfied with our paid-for Goods, you may request a full refund of the Goods Fee within thirty (30) days of submitting the Goods Request. We will refund the Goods Fee to you by electronic funds transfer (EFT), within fourteen (14) days, into an account nominated by you.
8.4 Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all Goods, e-newsletters, material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability, performance, suitability, and fitness for a particular purpose.
8.5 Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Goods and these Terms, except those set out in these Terms, including but not limited to:
(a) implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
(b) the Goods being unavailable; and
(c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your inability to access or use the Goods, and the late supply of Goods, even if we were expressly advised of the likelihood of such loss or damage.
8.6 Limitation: To the extent permitted by law, our total liability arising out of or in connection with the Goods, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, shall not exceed:
(a) the total Goods Fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, if any; or
(b) zero, if no Goods Fees have been paid by you to us.
8.7 This clause will survive termination of these Terms.
9.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(b) any breach of these Terms; and
(c) any misuse of the Goods by you.
9.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Goods including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
9.3 The obligations under this clause will survive termination of these Terms.
10.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
10.2 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
10.3 Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
10.4 Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
10.5 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
10.6 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 Business Days' notice in writing.
10.7 Notices: Any notice required or permitted to be given by either Party to the other under these Terms will be in writing addressed to you at the email address you provide us. Our address is set out at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
10.8 Jurisdiction & Applicable Law: These terms are governed by the laws of New South Wales, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales, Australia.
10.9 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
11.1 Business Day means a day which is not a Saturday, Sunday or bank or public holiday in New South Wales, Australia.
11.2 Claim includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.
11.3 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
11.4 Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs (whether or not registered or registrable), any corresponding property rights under the laws of any jurisdiction, discovery, circuit layouts, trade names, trade secrets, secret process, know-how, concept, idea, information, process, data or formula, business names, company names or internet domain names.
Shore Up Security Pty Ltd (ABN 80 609 698 562)
Last update: 25 October 2016
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.