Cyber Experts offer customised packages of features and settings within the Family Zone. These packages are tailored for the specific needs of customer groups. These services are called “Cyber Expert Services” and are governed by this agreement.
Cyber Experts may offer other services outside of the Family Zone and may incorporate the Family Zone Services into broader services aimed at making families safe. Services outside of the Family Zone are not Cyber Expert Services and are not governed by this agreement.
Cyber Experts are independent of the Family Zone. Cyber Expert Services are the responsibility of Cyber Experts and are provided subject to this agreement between you and them.
THESE “Cyber Expert TERMS” ARE AN AGREEMENT BETWEEN YOU AND YOUR Cyber Expert REGARDING YOUR USE OF, RIGHTS TO AND OBLIGATIONS WITH RESPECT TO THEIR Cyber Expert SERVICES.
THESE TERMS APPLY TO ANY UPDATES, SUPPLEMENTS OR MODIFICATIONS TO THEIR Cyber Expert SERVICES, UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE TERMS APPLY. READ THESE TERMS CAREFULLY BEFORE USING THE FAMILY ZONE PRODUCTS AND SERVICES. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND YOUR CHOSEN Cyber Expert.
BY SELECTING OR CHANGING A Cyber Expert WITHIN THE FAMILY ZONE SERVICES YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE BEEN PRESENTED WITH, YOU UNDERSTAND AND ARE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS DO NOT USE A Cyber Expert WITHIN THE FAMILY ZONE.
YOU MAY OBTAIN NON FAMILY ZONE RELATED SERVICES FROM YOUR Cyber Expert. SUCH SERVICES ARE NOT GOVERNED BY THESE TERMS.
Unless defined herein, as the context requires, all terms have the same meaning as setout in the Family Zone’s Customer Terms.
The Family Zone permits you to choose a Cyber Expert (or not) when you create a new Family Zone account.
You may change your Cyber Expert at anytime. Doing so will not automatically change Family Zone Control settings already chosen for your End-Users.
To reflect your new Cyber Experts settings in your End-User Family Zone Control settings you must select a new profile for each End-User. Once changed your new Family Zone Control settings will apply.
If you made modifications to the recommended settings by your former Cyber Expert then be advised that these are NOT transferred to your new settings. You must review these and modify them to suit your needs.
Choosing a new Cyber Expert may require a new Plan to be entered into. You will not automatically get a credit for any unexpired portion of a subscription paid for your previous Cyber Expert. Please contact your previous Cyber Expert to query this.
You may cease to use a Cyber Expert at anytime. You do so by choosing the Do-It-Yourself option within the Family Zone portal.
Doing so has the same effect as changing to a new Cyber Expert. You will need to manually change your End-User’s profiles and check all settings.
Your Cyber Experts may at anytime with at least 30 days notice terminate their services to you. In this event, you must select a new Cyber Expert within that time period. If you do not select a Cyber Expert then:
Family Zone we will attempt to contact and work with you to manage the transition.
In the course of providing their services to you your Cyber Expert will need to access personally identifiable information (PII) collected by The Family Zone or them (such as usage, settings and contacts) and will need from time to time to provide you with electronic communications such as email or SMS updates.
Your Cyber Expert requires you to subscribe to a Plan. Your Plan may be month-to-month or may have a minimum term such as 12 months. It will be billed, collected, must be paid and may be cancelled under the same terms of your applicable Family Zone Plan.
Applicable fees and charges for your Cyber Expert Services are subject to change. If they are changed, reasonable notice will be provided to you and if you are inside a minimum contract term you will be provided with a reasonable time period to cancel your services without penalty. Typically this will be at least 14 days.
Clerical or computation errors and misprints in any document that we or a Reseller provide to you in connection with Cyber Expert Services including any Plan terms, catalogues, price lists, delivery dockets, invoices, statements or credit notes, may be corrected by the reissue of the document or otherwise by giving you notice of the error or misprint with reference to the original document.
You are not entitled to a reduction or variation in a price by reason of any such error or misprint.
Cyber Expert plan fees and charges may be subject to revenue sharing arrangements and the payment of commissions to partners, agents, employees, contractors and others.
Cyber Expert Services are provided on the same terms as the Family Zone Services. These terms are described in Section 3 of the Family Zone Customer Terms which deals with:
A Cyber Expert’s specific role is to introduce customers to the Family Zone and to offer customers a customised version of the Family Zone Controls. Cyber Experts may provide any of these services (‘Cyber Expert Services’) to you:
Cyber Experts may offer other services relating to parental control and cyber safety. These may include the following which for the purpose of clarity are specifically not considered Cyber Expert Services:
You acknowledge that cyber threats, exposures and the various technical, operational, legal and other challenges surrounding these matters are complex and dynamic. Parental control technologies are subject to many limitations and can only ever be a part of a parent’s approach to keeping their family cyber safe. Furthermore family and individual circumstances are all very different and Cyber Experts and Family Zone will never be aware of the issues pertaining to you and your family.
Cyber Expert SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Cyber Expert SERVICES INCLUDING ANY FEATURES AND FUNCTIONALITIES ASSOCIATED ARE PROVIDED WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
Cyber ExpertS DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE Cyber Expert SERVICES WILL BE FREE FROM ERROR, OUTAGE, FAULT, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR ANY SECURITY INTRUSION, AND ANY LIABILITY RELATING THERETO IS DISCLAIMED.
YOU ARE PROVIDED WITH NO GUARANTEE, REPRESENTATION OR WARRANTY THAT THE Cyber Expert SERVICES WILL BE TAILORED FOR YOUR PERSONAL CIRCUMSTANCES.
ANY INFORMATION SUBMITTED TO Cyber ExpertS IS AT YOUR SOLE RISK, AND ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY IS HEREBY DISCLAIMED.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL YOUR Cyber Expert(S), THEIR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR PARTNERS, AFFILIATES OR CONTRACTORS INCLUDING THE FAMILY ZONE BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
Nothing in this agreement shall affect any non-waivable statutory rights that apply to you. If any provision or provisions of these customer terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this section may not apply to you and these terms must be read subject to statutory provisions applicable to you. If these statutory provisions apply, to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to: in the case of goods, at our option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at our option: the supplying of the services again; or the payment of the cost of having the services supplied again.
You agree to defend, indemnify and hold harmless your Cyber Expert, its shareholders, affiliates and/or partners, and its and their officers, directors, partners, agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to:
(i) your unauthorized or unlawful use of the Cyber Expert Services.
(ii) your breach of these terms.
(iii) the infringement by you, your End-Users or any third party using your Plan, of any intellectual property or other right of any third party.
Your Cyber Expert(s) reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
All copyright and other intellectual property rights subsisting in your Cyber Expert’s trading name Content and their Cyber Expert Services are, without limitation, now owned by you and are protected by the laws of Australia and other countries.
Subject to these terms, you are authorised to view our your Cyber Expert’s Content using your web browser or, where expressly invited to do so, to share certain content on social media. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of our Family Zone Content, except as permitted by statute or with our prior written consent.
Your Cyber Expert may hold patents and trademarks. Unauthorised or misleading use of these will cause your Cyber Expert damage and all rights are reserved.
Your Cyber Expert is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may provide to them ("Feedback"), including responses to questionnaires without further compensation, acknowledgement or payment to you for any purpose whatsoever.
Where you provide Feedback to your Cyber Expert you grant them a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your Feedback for the reasonable purposes of our business, and the right to sub-license those rights to others.
You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content and you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
You also warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the Feedback is not defamatory and does not breach any law.
Your Feedback may be monitored, but their is no obligation for this to be done. Your Feedback may be altered or removed at any time, including to ensure the operational integrity of your Cyber Expert’s Services.
Various legislation across the world protects materials such as films, music, books and computer programs. You can break these laws if you download, copy, share or distribute such material, unless you’re allowed to do so by a piece of legislation or by permission of the copyright owner. Please don’t use the Cyber Expert’s Services to do any of these things, because if you do, we might have to cancel your Family Zone Services and the copyright owner could take legal action against you.
These terms may be changed from time to time. Such revisions shall be effective immediately; provided however, for existing customers, such revision shall, unless otherwise stated, be effective 30 days after posting.
If these terms are revised and such revision are in the opinion of the Family Zone detrimental to you then you will be permitted to cancel your Cyber Expert Services without penalty within 30 days.
These terms shall be governed by and construed in accordance with the laws of Western Australia. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
The arbitration provisions contained within section 10.3 of the Family Zone Customer Terms apply with that clause being read to substitute your Cyber Expert for the Family Zone.
If your Cyber Expert does not act in relation to a breach of these terms by you then this may not be construed to waive any rights your Cyber Expert has to act in relation to that breach or any later breach by you.
If you do not act in relation to a breach of these terms by your Cyber Expert then you do not waive any rights to act in relation to that breach or any later breach.
You are liable to your Cyber Expert for breach of these terms or negligence under the principles applied by a competent legal body.
You are not liable for any loss to the extent that it is caused by your Cyber Expert .
Your Cyber Expert shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Any notices to you will be posted by e-mail.
These terms together constitute the entire agreement between you and your Cyber Expert in relation to the Cyber Expert Services and supersedes any prior agreements, whether in writing or otherwise.
In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
You accept that use of the Cyber Expert Services acknowledges that you accept entering into agreements and transacting electronically.
You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
With respect to highly publicized hacks the circumstances of each are different. However hacks and leaks are often the result of “inside jobs” or end user failures (such as weak passwords) and less often due to inadequately secured access to databases or systems.
Having said that, we take matters of security and privacy extremely seriously. Our approach to managing these risks include: