Terms of Service | Whitesec AU

These Terms of Service govern your use of the Whitesec AU website and the engagement of our professional cybersecurity services. These terms are governed by the laws of Western Australia, Australia, and are issued in compliance with the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Please read them carefully before using our website or engaging our services.

1. Agreement to These Terms

By accessing or using the Whitesec AU website (whitesec.com.au) or engaging us to provide cybersecurity services, you agree to be bound by these Terms of Service. If you do not agree, you must not use our website or services.

These terms apply to all visitors, clients, and other users of our website. For professional service engagements, these terms are supplemented by a separate Statement of Work or Service Agreement, which governs the specific scope, deliverables, and commercial terms of that engagement.

2. About Whitesec AU

Whitesec AU is an Australian cybersecurity firm providing professional services to organisations seeking to improve their security posture, achieve regulatory compliance, and respond to cyber threats. We operate under Australian law and are committed to professional, ethical, and lawful conduct in all engagements.

3. Website Use

You may use our website for lawful purposes only. You must not:

Use the website in any way that violates applicable Australian or international laws or regulations.
Transmit unsolicited commercial communications (spam) in contravention of the Spam Act 2003 (Cth).
Attempt to gain unauthorised access to any part of the website, its server, or any systems connected to it.
Introduce viruses, malware, or other harmful code to the website.
Scrape, crawl, or systematically extract data from the website without our prior written consent.
Reproduce, duplicate, or exploit any part of the website for commercial purposes without our express written authorisation.

We reserve the right to restrict or terminate access to our website for any user who breaches these terms.

4. Intellectual Property

All content on this website — including text, graphics, logos, reports, methodology frameworks, and software — is owned by or licensed to Whitesec AU and is protected under the Copyright Act 1968 (Cth) and applicable intellectual property laws.

You may view and print website content for personal, non-commercial use only. Nothing on this website grants you a licence to use our trade marks, logos, or branding without our prior written consent.

For professional engagements, intellectual property ownership in deliverables (reports, assessments, playbooks) will be addressed in the applicable Service Agreement. Unless otherwise agreed in writing, Whitesec AU retains ownership of all proprietary methodologies, tools, and frameworks used in the delivery of services, while clients receive a licence to use the specific deliverables for their internal purposes.

5. Professional Services

All professional cybersecurity services provided by Whitesec AU (including assessments, penetration testing, compliance advisory, SOC services, and training) are subject to a separate written Service Agreement or Statement of Work executed between Whitesec AU and the client. The following principles apply to all engagements:

Authorisation: All security testing and assessments are conducted only with the explicit written authorisation of the asset owner. Whitesec AU does not conduct unauthorised testing under any circumstances.
Scope: All services are performed within the scope agreed in the applicable Service Agreement. Any activities outside the agreed scope require a written variation.
Professional standards: Whitesec AU personnel adhere to applicable professional codes of conduct and industry standards, including those published by the Australian Cyber Security Centre (ACSC).
Reporting: Findings and deliverables are prepared with professional care and accuracy. However, no security assessment can guarantee the identification of all vulnerabilities in a given environment.

6. Confidentiality

Whitesec AU treats all client information, including information about security vulnerabilities, system configurations, and business operations, as strictly confidential. We will not disclose client confidential information to third parties except:

Where required by law, court order, or lawful direction from a regulatory or law enforcement authority.
To subcontractors engaged to assist in delivering agreed services, subject to equivalent confidentiality obligations.
With the client's prior written consent.

Specific confidentiality obligations for client engagements are detailed in the applicable Service Agreement or Non-Disclosure Agreement (NDA).

7. Disclaimer

The information published on this website is provided in good faith for general informational purposes only and does not constitute professional legal, compliance, or cybersecurity advice. You should seek independent professional advice tailored to your specific circumstances before making decisions based on information on this website.

To the fullest extent permitted by law, Whitesec AU makes no warranties, express or implied, regarding the accuracy, completeness, or fitness for a particular purpose of any information on this website.

8. Limitation of Liability

To the extent permitted by Australian law, Whitesec AU's liability for any loss or damage arising from your use of this website or our services is limited as follows:

For website use: Whitesec AU excludes all liability for indirect, incidental, or consequential loss arising from use of or reliance on website content.
For professional services: liability is limited to the amount paid for the specific service giving rise to the claim, unless otherwise agreed in the applicable Service Agreement.

Nothing in these terms excludes, restricts, or modifies any right or guarantee that cannot lawfully be excluded under the Australian Consumer Law, including the consumer guarantees applicable to services.

9. Consumer Guarantees Under Australian Consumer Law

If you are a consumer within the meaning of the Australian Consumer Law, our services come with guarantees that cannot be excluded. These include guarantees that services will be provided with due care and skill, that they will be fit for any specified purpose, and that they will be provided within a reasonable time.

Where a service fails to meet a consumer guarantee, you may be entitled to a remedy. The nature of the remedy (repair, replacement, refund, or compensation for consequential loss) will depend on the nature and severity of the failure. Please contact us directly if you have a concern about a service we have provided.

10. Third-Party Links

Our website may contain links to third-party websites for your convenience. These links do not constitute an endorsement of, or affiliation with, those websites. Whitesec AU has no control over third-party content and is not responsible for the privacy practices, accuracy, or availability of linked websites.

When you leave our website, we encourage you to read the privacy policy and terms of the site you visit.

11. Indemnification

You agree to indemnify, defend, and hold harmless Whitesec AU and its personnel from and against any claims, liabilities, damages, or expenses (including reasonable legal fees) arising from your breach of these terms, your misuse of our website, or any unlawful activity you conduct in connection with the use of our services.

12. Governing Law and Jurisdiction

These terms are governed by and construed in accordance with the laws of Western Australia, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts competent to hear appeals from those courts.

For clients located in other Australian states or territories, we acknowledge that Australian Consumer Law applies uniformly across all jurisdictions.

13. Dispute Resolution

If a dispute arises in connection with these terms or our services, we ask that you contact us directly in the first instance to seek a resolution. We are committed to resolving disputes promptly and fairly.

If a dispute cannot be resolved informally within 30 days of written notice, either party may refer the matter to mediation before a mutually agreed mediator or through the Australian Disputes Centre, before commencing court proceedings. Nothing in this clause prevents either party from seeking urgent injunctive or other interim relief from a court.

14. Changes to These Terms

We may update these Terms of Service from time to time. The updated terms will be published on this page with a revised "Last updated" date. Your continued use of our website after any change constitutes your acceptance of the updated terms.

For material changes affecting professional service engagements in progress, we will notify affected clients directly.

15. Contact Us

For questions, concerns, or formal notices relating to these Terms of Service, please contact us at:

Whitesec AU Email: support@whitesec.au

For privacy-specific matters, please refer to our Privacy Policy.