“Rapid Escalation of Cyber Preparedness for Home-Based Workers”
For the purposes of these Terms and Conditions, the terms “Icon Cyber”, “we”, “our” and “us” used below refer to Icon Cyber Pty Ltd who is the training developer and provider.
A. In signing onto the COVID-19 Cybersecurity Training online course (“training’) offered by Icon Cyber, you agree as follows:
- That the person authorising the training within your organisation and agreeing to these Terms and Conditions has the proper authority to do so.
- That all fees paid in respect of the training are non-refundable once the training has commenced.
- That full payment must be received before your training program will be activated.
- You will be allowed one program administrator who will be given limited rights to
- enrol new course participants
- remove existing course participants
- manage notifications to course participants
- track the progress of course participants
- Your nominated program administrator shall not disclose, under any circumstances, the login details which would permit third parties to access the course participants or the course design, delivery or materials, without our authorisation.
- It will be your responsibility to ensure, using the progress tools included in the program or by direct inquiry, that all relevant members of your organisation have completed the training.
- You will not copy, download or distribute in any form whatsoever, the course training materials, nor permit them to be copied, downloaded or distributed to third parties without our express prior written consent.
- The course program will only be available to your employed staff and not to separate legal entities with their own contractors or employees.
- If for any reason, you choose to discontinue the training, you agree to delete all passwords or revoke access permissions granted to your program administrator.
- You must notify us immediately if your program administrator leaves your employment or is unable to continue in that capacity so that access permissions can be revoked.
- Icon Cyber, as the provider of the training program, reserves the right to terminate the training program at its discretion, if it comes to our attention that the program materials have been used for an improper purpose, including, but not limited to a breach of our intellectual property rights, or the use or inappropriate or abusive language in the completion of course modules, or in conduct which is in breach of any applicable law of Australia.
- You agree to hold harmless Icon Cyber, its agents, employees, contractors and directors in respect of any failure of the training materials to prevent all foreseeable risks associated with a failure of advice given through our training, to prevent or mitigate an actual or potential cyber threat. For the avoidance of doubt, this includes a cyber attack, ransomware attack, malware infiltration, phishing attack, data breach, theft of intellectual property, denial of service attack or any other attack, intrusion or compromise whatsoever, upon your organisation attributable to a human, technology or process risk. This clause applies irrespective of the cause or source of the attack.
- The training is provided in good faith, exercising our due skill and care, but is necessarily general in nature and does not purport to cover every eventuality, or every actual or potential failure of a system, process or decision made by any person within your organisation.
B. For its part, Icon Cyber agrees:
- To maintain the availability of the training to participants for a period of 180 days from the date of purchase of the program. At its option, Icon Cyber may choose to extend this 180 day period or add additional modules should the nature or extent of the current COVID-19 threat, necessitating, at the direction of the Australian Government, that home based work continue beyond 180 days from the date the training program commences.
- Not to use, sell or otherwise distribute the personal information of enrolled participants without their express, prior consent.
- Subject to Clauses A. 11 and 12 above, to use its best endeavours to ensure that the training provided is fit for the purpose intended and agrees at its discretion to provide additional training where there is any demonstrable failure to meet the reasonable expectations of the customer.
- To publicise any changes to the training program, including any technology failures on the part of our suppliers which may have a bearing on your enrolled participants’ capacity to complete the training.
- Where, according to the preceding clause, there is an interruption to the availability of the training for a reason directly attributable to Icon Cyber during the training period, Icon Cyber will make good the defect by extending the training period to compensate for any outage resulting in a loss of availability of the materials.
Any variations to these Terms and Conditions shall be by mutual agreement evidenced in writing.
D. Resolution of Disputes
- Any grievances arising from the performance of our respective obligations shall first be raised with the offending party and a reasonable agreement sought.
- If a reasonable resolution is unable to be reached, the parties agree to mediation, the costs of which shall be equally borne by both.
- Notwithstanding the previous clause, Icon Cyber may, at its sole discretion, agree to refund all or part of the payments, in lieu of mediation.
The parties agree to submit to the jurisdiction of the laws of New South Wales.