.auCheck Terms and Conditions of Use

Last Modified: August 2021

This Website and its contents are owned and operated by the Australian Strategic Policy Institute Limited ABN 77 097 369 045 (ASPI, our, we or us).

These terms and conditions of use (Terms of Use) govern your access and use of the website www.aucheck.com.au (Website) and any materials provided on or in connection with the Website including the internet connection, website, email and content management system test features (collectively, the Services).

By accessing or using the Services, you agree to be bound by these Terms of Use, and to the collection and use of your information as set out in our Privacy Statement [link] and Privacy Policy [link]. If you do not agree to any of the Terms of Use, you are not authorised to use the Services.

Limited License

Subject to these Terms of Use, we grant you a non-exclusive, limited, non-transferable, revocable license to use the Services in the manner contemplated on the Website.

We may restrict, suspend or terminate your licence to access and use all or any part of the Services at any time, without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Permitted Use of the Services

You are permitted to use .auCheck results to: (a) start a conversation with IT service providers in Australia regarding their support in the adoption of modern internet security standards, and in particular with your own IT service provider(s); and (b) make sure you receive up-to-standard services from your IT service providers. (c) make

Prohibited Use of the Services

You agree that you will not use the Services in any way which is unlawful, breaches these Terms of Use, or which infringes the rights of any third parties. Services test results may identify vulnerabilities in internet connection, website, email and content management systems.

You agree and represent that you will use the tests and test results in a responsible manner in accordance with these Terms of Use. Specifically, you agree that you will not use auCheck: (a) for bulk testing without our prior consent. While we want .auCheck to help build a more safe and secure Australian internet, you are not permitted to use test results to ‘name and shame’ the websites and email accounts of individuals or organisations. (b) to look for vulnerabilities with the intent of exploiting them .auCheck is provided to improve basic internet security in Australia and instil trust and confidence in the network.

You further agree that you will not: (c) encourage conduct that is criminal, would give rise to civil liability or would otherwise violate any law through the use of the Services; (d) impersonate a person or entity or falsely state their affiliation with a person or entity; (e) engage in any activity that interferes with or disrupts the Services or attempt to gain unauthorised access to the Services (including the servers and networks that are connected to the Services); (f) distort, interfere with or disrupt the integrity or performance of the Services or third party data (where applicable) contained in the Services; (g) except where expressly permitted by a licence granted by ASPI, attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any programs used to deliver the Services; or (h) use any Intellectual Property in ASPI Material except as expressly permitted in these Terms of Use.

Use of ASPI Material

Intellectual Property: ASPI owns, or licenses from a third party, the Intellectual Property Rights subsisting in the Services and the ASPI Material. Your licence to use the Services and ASPI Material in no way transfers or assigns any ownership or interest in the Intellectual Property Rights to you.

All other use, copying or reproduction of the Services or any part of it is prohibited except to the extent permitted by law.

The name .auCheck and .auCheck and the associated logo and designs are owned by the Australian Strategic Policy Institute and auDA. Use of ASPI’s names and logos are not permitted without our prior written consent.

Intellectual Property Rights means all patents, copyright, moral rights, rights of publicity, trade marks, goodwill, trade secrets and other intellectual property rights as may now exist or hereafter come into existence, all applications, registrations, renewals and extensions thereof, under the laws of any jurisdiction.

ASPI Material means all content published on and comprising the Website and Services, and all material produced by ASPI.

Disclaimers

The Services have been developed to assist Australian individuals and small to medium businesses to request improved security services from their providers. ASPI Material has been formulated to reflect guidelines from the Australian Cyber Security Centre as well as other international best practices. .auCheck is provided to users free of charge. All information and data on this Website is provided for information only and on the basis that you are solely responsible for assessing the relevance, accuracy and completeness of its content.

ASPI makes no representations, either expressed or implied, as to the suitability of the Services or anything on this Website for any particular purpose, except as required by law.

The Website may contain other website addresses and links to other websites. This is published for information purposes only. ASPI does not endorse, approve of, or make any representations or warranties in relation to the information published on those other websites. ASPI is not responsible and will not be liable for any information published on those other websites.

Exclusion of warranties

To the extent permitted by law, all expressed and implied warranties and liabilities in relation to ASPI Material and the Services is excluded. ASPI accepts no liability arising out of the use, reproduction, distribution or reliance on the ASPI Material and Services.

Your use of the Services is voluntary and reliance upon any opinion, statement or other information made available through use of the Services is at your own risk. ASPI makes no warranties or representations that the Services will be complete, accurate or up to date, or that access to the Services will be uninterrupted or error-free, or that the Website is secure.

There is no warranty that the Website will be available at all times or at any particular time. Operation of the Website and/or Services may be suspended or terminated without ASPI being under any obligation to assign a reason or give notice.

Limitation of liability

To the maximum extent permitted by law, in no event shall ASPI, its affiliates, agents, directors, employees, suppliers or licensors be liable for, and no measure of damages will, under any circumstances, include: (a) any indirect, punitive, incidental, special, consequential or exemplary damages; or (b) damages for loss of profits, revenue, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Services.

Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Services.

Release and indemnity

You agree to release ASPI including its members, managers, officers, employees, sponsors and agents, from all liability and obligations whatsoever in connection with or arising from your use of the Website or the Services.

You agree to defend, indemnify and hold harmless ASPI including its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including legal fees and costs and expenses, arising out of or in any way connected with: • your access to or use of the Website or Services; • a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these Terms of Use; • infringement or misappropriation of any intellectual property or other rights of ASPI or third parties by you; or • any negligence or wilful misconduct by you.

Privacy

You agree and acknowledge that we may collect, segment, analyse and compile statistical, behavioural and performance-based data (which may be personal information), resulting from your use of the Services.

Personal information collected, used and disclosed by us in accordance with our Privacy Statement, and Privacy Policy and may be shared by us with our service providers in Australia.

ASPI may, in its sole discretion, use and disclose such data (in an aggregated and de-identified form) to its affiliates, sponsor and third party service providers, including to: (a) evaluate the effectiveness of the Services; (b) undertake direct marketing or serve display advertising to Website users in relation to the Services (which may be by ASPI, its sponsor or on behalf of its sponsor); and (c) optimise and improve the Services.

ASPI will not sell your personal information.

ASPI uses commercially reasonable safeguards to preserve the integrity and security of your personal information. If any personal information under our control is compromised, we will take reasonable steps to investigate and, if required by law, notify those individuals whose information may have been compromised.

Third Party Links

This Website may contain other website addresses and links to other websites. This is published for information purposes only. ASPI does not endorse, approve of, or make any representations or warranties in relation to the information published on those other websites. ASPI is not responsible and will not be liable for any information published on those other websites.

If you access a website link made available on the Website, you acknowledge that you will be subject to the terms and conditions specific to that website. Cookies

This Website only uses cookies that are strictly necessary for its performance as provided from our cloud hosting provider. Cloudflare is using ___cfduid__ which helps detect malicious visitors and minimise the blocking of legitimate users. It may be placed on your device to identify individual clients behind a shared IP address and apply security settings on a per-client basis. It is necessary for supporting Cloudflare's security features. More information can be found here.

General

Amendments We may change these Terms of Use for any reason, without notice. By continuing to use the Services, you accept the amended Terms of Use. A copy of the most current Terms of Use will be displayed on this Website.

Severability Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms of Use and it does not affect the validity or enforceability of that provision in any other jurisdiction.

Governing Law Your use of the Services and these Terms of Use are governed by the law of the Australian Capital Territory (ACT) and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in ACT.

Updates to the Services We may provide updates to the Services from time to time, but we are under no obligation to do so.

Contact Us If you have any questions about these Terms of Use, please contact us at [email].