LEGAL TERMS AND CONDITIONS – SECURA SHIELD PTY LTD.

OVERVIEW

These Terms and Conditions govern the use of this Website, which is defined below. By using this Website, You will be taken to agree to them. If You do not agree to these Terms and Conditions, You should immediately exit this Website.

This Website is designed to provide introductory information regarding Secura Shield Pty Ltd (“Secura Shield Pty Ltd”, “We” or “Us”) and should not be relied upon for any purpose.

In these Terms and Conditions, “Website” means the whole or any part of the web pages located at https://www.securashield.com.au/ and include the layout of this Website, individual elements of the Website design, underlying code elements of this Website; or text, sounds, graphics, animated elements or any other content of this Website.

Secura Shield Pty Ltd may change these Terms and Conditions at any time and from time to time without notice. Any amendment will be effective immediately. Your use of this Website after any amendment constitutes an agreement by You to comply with and be bound by the amended Terms and Conditions. Accordingly, You should read these Terms and Conditions from time to time for changes. You should also refer to Secura Shield Pty Ltd Web Privacy Policy.

GENERAL DISCLAIMER

To the extent permitted by law Secura Shield Pty Ltd excludes any and all liability to You or anyone else for any loss or damage, however, caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or websites of other entities which are hyperlinked from this Website.

This general disclaimer is not restricted by any of the following specific warnings and disclaimers.

SPECIFIC WARNINGS AND DISCLAIMERS

The Website is designed to provide general industry information only. We update it from time to time. You should not rely on it for any purpose, as information on it may be out of date, inaccurate or may not be suitable for your particular purpose.

Secura Shield Pty Ltd may change and update the information at any time and from time to time without notice to users. Secura Shield Pty Ltd makes no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website or that the Website will be uninterrupted or error-free. Secura Shield Pty Ltd is not liable to You or anyone else if errors occur in the information on this Website or if that information is not up-to-date.

 Secura Shield Pty Ltd is not liable to You or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or websites of other entities which are hyperlinked from this Website. You must take your own precautions to ensure that whatever You select from your use from this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

To the extent permitted by applicable law, all representations, warranties and other terms are excluded. You must ensure that You access to this Website is not illegal or prohibited by laws which apply to You or in your location.

CHANGES TO THIS AGREEMENT

Secura Shield reserves the right to revise, change, update, amend or modify these Terms and Conditions or any other information contained in this website at any time. Secura Shield may also make improvements or changes in the products, services, or other content displayed in this website at any time without notice.  

Such modification, updates and/or amendments will be effective immediately and incorporated into this Agreement. Your continued use of the Website following the posting of any revised Terms and Conditions means that You accept and agree to the amendments.

ACCESSING THE WEBSITE

This Website is intended for use by individuals 13 years or older, if You are Younger than 13 years, please do not use this Website. If You allow Your minor child or a child for whom You are a legal guardian (a “Minor”) to access this Website, You will be solely responsible for:

  • the online conduct of such Minor,
  • monitoring such minor’s access to and use of this Website, and
  • the consequences of any use of the Website by such Minor.

We do not intend to solicit information or to market any products and services to children through this Website.

From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users. Therefore, We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  

You are responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms and that they comply with them. 

RIGHT OF CONTENTS

All documents and other information provided on this Site, including trademarks, logos, graphics, information, text, video, audio, displays, and images (the “Materials”) are provided to You by Secura Shield and are protected by copyright, trade dress, and other laws.

You are permitted to use the Website for Your personal or legitimate business purposes. Except where explicitly authorized by Secura Shield You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the information contained on Our Website, or the Website itself without express written permission of Secura Shield.

You are not permitted to the following actions while using Our Websites:

  • Modify the paper or digital copies of any materials and information available from this Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark and other proprietary notices appearing on such materials.

You acknowledge and agree that You have no right to modify, edit, alter or enhance any of the information and the Materials in any manner. This limited license terminates automatically, without notice to You, if You breach any of these Terms and Conditions.  

Your use of any information on this website is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this website meet Your specific requirements. 

THIRD-PARTY LINKED WEBSITES

Secura Shield site provides links to third-party websites, which are not under the control of Secura Shield. Please note that when You click on these links You are directed to another website. Secura Shield makes no representations regarding the third-party websites and accessing the websites are at Your own risk.

Linked third party websites are not under Our control and, as such, We cannot assume the responsibility for the reliability of any data, opinions, advice, or statements made on third-party websites. Secura Shield provides these links merely as a convenience. Secura Shield makes no recommendations or endorsements about any third-party products or services and the references are for informational purposes only.

TRADEMARKS

All trade names, trademarks, service marks and other product and service names and logos (the “Marks”) displayed on the Website are proprietary to their respective owners and are protected by applicable trademark and copyright laws. These Marks may be registered or unregistered marks of Secura Shield Pty Ltd or others. SecuraShield Anti-Virus Pro, SecuraShield Internet Security, SecuraShield Total Security, SecuraShield AV Pro Cloud Premium, SecuraShield Total Security Cloud Premium, SecuraShield Endpoint Security, Privacy & Security Toolbar, SecuraShield logo are trademarks or registered trademarks of Secura Shield Pty Ltd. or its affiliates.

This website and its content (including but not limited to graphics, information, text, video, audio, displays, and images, and software) are the property of Secura Shield Pty Ltd 2019. All rights reserved.

All other company images, trade names, name brands, and products are service marks, trademarks, and copyrights of their respective holders.

Nothing contained on the Website should be construed as granting any license or right of use of any other person or entity’s trademark which is displayed on this Website without their express permission.

You may not modify, reproduce, distribute or republish materials contained on this Site (either directly or by linking) without Our prior written permission. You may not alter or remove any trademark, copyright or other notice from copies of the content. Nor may You transmit it or store it in any other website or another form of the electronic retrieval system. 

If You use any of Secura Shield Pty Ltd’ trademarks to refer to Distributor’s activities, products or services, You must include a statement attributing that trademark to Secura Shield Pty Ltd. You must not use any of Secura Shield Pty Ltd’ trademarks:

  • In or as the whole or part of your own trademarks;
  • In connection with activities, products or services which are not Secura Shield Pty Ltd’;
  • In a manner which may be confusing, misleading or deceptive; and
  • In a manner that disparages us or our information, products or services (including this Website).
PRODUCT AVAILABILITY

This website may contain references or cross-references to Secura Shield products, services, or programs that are not announced or available in Your country or region. These references do not imply that Secura Shield intends to announce or make available such products, services, or programs in Your country or region. Consult with Your local Secura Shield business contact for information regarding the products, services, and programs that may be available to You.

PRODUCT DELIVERY

 Secura Shield’s product delivery obligations will be conducted by

  • Secura Shield’s order confirmation,
  • these Terms and Conditions and
  • the respective Terms unless expressly agreed to otherwise between the parties in writing.

The actual delivered Product may differ from the documentation associated with such product if such differences are commercially reasonable and do not adversely affect the performance of the respective Product.

We reserve the right to deliver the new Product if such new or upgraded Product performs better than the Product You ordered.

If You request that a particular Product is shipped to you, the risk for damage and loss with respect to such Product will pass to You upon our release of such Product for shipment.

For those Products that required to be downloaded, the risk for damage and loss will pass to You as soon as You receive access to the respective Product, such as a software key.

COOKIES

“Cookies” are a standard method for storing small pieces of data on a web client (i.e. the web browser on your computer). Any Web server (including this one) may:

  • Store one or more cookies in your browser; or
  • Request your browser to transmit the data to the Web server.

This Website may store cookies on your Web client in order to better serve You upon your subsequent visits to this Website.

By using cookies, Websites can track information about visitors’ usage of the site, provide customized content, or even the use of password protection. Note that some browsers can be configured to allow cookies to be accessed by servers other than the originating server. Please note that most Web browsers can also be configured to notify the user when a cookie is received, allowing You to either accept or reject it. 

DISCLAIMER OF WARRANTY

The website and software are provided to You “as is” without warranty of any kind. Secure Shield makes no express or implied representations or warranties, oral or written relating to the site or software. You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet, the website, or on any website linked to it will be free of viruses or other destructive code.  

Neither Secura Shield nor any person associated with Secura Shield makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, We make no warranty that Our products will protect against all possible threats, be error-free or free from interruptions or other failures, that Our products or Website will meet Your specific requirements or that Our products are fit for use in special risk areas.  

Your use of the website, its content and any products, services or downloads obtained through the website is at your own risk.  

LIMITATION OF LIABILITY

Under no circumstances and under no legal theory, tort (including negligence), contract, or otherwise, shall Secura Shield Pty Ltd., including Our affiliates (“Secura Shield”, ‘We”, “Us”, “Our), licensors, service providers, employees, agents, officers and/or directors will be liable for any direct, indirect, special, incidental, consequential damages, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss or corruption of data, and/or loss of data.

To the extent permitted by law, We shall not be liable for any damages, even if We have been advised of the possibility of such damages and for direct damages under these terms exceed the price You paid for the product. 

The foregoing does not affect any liability which cannot be excluded or limited under applicable law. 

 

INDEMNIFICATION

To the extent permitted by law, You agree to defend, indemnify and hold harmless Secura Shield, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your use of Our Website in violation of these Terms and Conditions, including, without limitation, any use of the Web site's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.  

In the event Secura Shield receives notice of the foregoing, Secura Shield will notify You in writing and will permit You to have sole control of the defence of any such claim or action and all negotiations for its settlement and compromise, provided You give adequate assurances to Secura Shield that You will diligently pursue and are capable of resolving the claim. You agree that You will not enter into any settlement and/or compromise admitting any fault or liability on behalf of Secura Shield without Secura Shield prior written consent. 

ABOUT THESE TERMS

You agree and consent to receive electronic communications from Secura Shield about your account and all related activities. Electronic communications mean that Promotions, notices, disclosures, orders, or updates, etc., will be sent to the e-mail address You provide or by posting them to the Site (including the User Sites). 

To the maximum extent permitted by applicable law, any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to the User Site Terms. Nothing in these User Site Terms affects any statutory rights of consumers that cannot be waived or limited by contract. 

COPYRIGHT INFRINGEMENT

All notices of copyright infringement claims should go to the copyright agent designated in Our Copyright Policy.

APPLICABLE LAWS

This Notice is governed by the laws in force in New South Wales, Australia and You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions or this Website.

Secura Shield Pty. Ltd. ABN 85 629 548 876 and ACN 629 548 876