Terms of Use

Agreement to these terms

These terms of use ("Terms") govern your access to and use of the website at www.apexlyn.com.au ("Website") operated by APEXLyn Pty Ltd (ABN 58 695 750 380) ("APEXLyn", "we", "us", "our").

By accessing or using this Website, you agree to be bound by these Terms. If you do not agree to all of these Terms, you must not use this Website.

These Terms apply to the public marketing website at www.apexlyn.com.au only. Your use of the APEXLyn Attest platform, the APEXLyn Trace platform, or any other APEXLyn service is governed by separate service agreements, terms of service, and acceptable use policies. These Terms do not govern the use of our platforms.

About APEXLyn

APEXLyn Pty Ltd is an Australian company registered in New South Wales.

ABN: 58 695 750 380

Location: Sydney, NSW, Australia

Email: legal@apexlyn.com.au

Phone: 1300 717 142

Website: www.apexlyn.com.au

APEXLyn provides cybersecurity compliance evidence and AI governance platforms for Australian organizations.

Your use of this website

You may use this Website for lawful purposes and in accordance with these Terms. You agree not to:

• use this Website in any way that breaches any applicable Australian federal, state, or territory law or regulation;
• use this Website in any way that is fraudulent, deceptive, or misleading;
• use this Website to transmit or procure the sending of any unsolicited or unauthorised advertising, promotional material, junk mail, spam, or any other form of solicitation;
• attempt to gain unauthorised access to any part of this Website, the server on which this Website is hosted, or any server, computer, database, or system connected to this Website;
• use any automated system, including without limitation robots, spiders, crawlers, scrapers, or any other automated means, to access this Website for any purpose without our express written consent;
• introduce any viruses, trojans, worms, logic bombs, ransomware, or other material that is malicious, harmful, or technologically destructive;
• interfere with, disrupt, or impose an unreasonable or disproportionate load on our Website infrastructure;
• attempt to decompile, reverse-engineer, or disassemble any software or technology used to provide this Website;
• collect, harvest, or scrape any personal information of other users or visitors to this Website; or
• use this Website in any way that could damage, disable, overburden, or impair our servers or networks.

We reserve the right to restrict or terminate your access to this Website at any time, without notice, if we believe you are using the Website in a manner that violates these Terms or any applicable law.

Intellectual property

All content on this Website — including but not limited to text, graphics, logos, icons, images, diagrams, audio, video, software, code, data compilations, page layout, underlying source code, and the selection and arrangement of content — is the property of APEXLyn Pty Ltd or its licensors and is protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The following are trademarks or trade names of APEXLyn Pty Ltd:

• APEXLyn
• APEXLyn Attest
• APEXLyn Trace
• "Where Security Becomes Evidence"

You may not use these trademarks or trade names without our prior written consent. Unauthorised use of our trademarks may constitute a violation of the Trade Marks Act 1995 (Cth) and other applicable laws.

Limited licence:

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the content on this Website for your own personal, non-commercial, informational purposes, subject to these Terms. This licence does not include the right to:

• reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download (other than page caching), store, or transmit any content from this Website, except as expressly permitted;
• use any illustrations, photographs, diagrams, video or audio sequences, or any graphics from this Website separately from the accompanying text;
• delete or alter any copyright, trademark, or other proprietary notices from any content;
• use content from this Website for any commercial purpose without our written consent; or
• access or use this Website for the purpose of building a competing product or service.

You may print or download individual pages from this Website for your own personal, non-commercial use, provided you do not modify the content and you retain all copyright, trademark, and other proprietary notices.

Any use of this Website or its content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws.

Accuracy of information

We make reasonable efforts to ensure that the information on this Website is accurate, current, and complete at the time of publication. However, we do not warrant, represent, or guarantee that the information on this Website is accurate, complete, reliable, current, or error-free.

Information on this Website may contain technical inaccuracies, typographical errors, or other errors. We reserve the right to correct any errors and to update or change information on this Website at any time without prior notice.

The information on this Website is provided for general informational purposes only. It is not intended to be relied upon as the sole basis for any decision.

References on this Website to specific compliance frameworks, security standards, technology products, or third-party services are for informational purposes and do not constitute endorsement, certification, or guarantee of any kind.

No professional advice

Nothing on this Website constitutes, or is intended to constitute, legal advice, financial advice, tax advice, security advice, compliance advice, audit advice, medical advice, or any other form of professional advice.

Information on this Website about compliance frameworks (including the Essential Eight, ISO 27001, APRA CPS 234, the Privacy Act, the ASD ISM, and other frameworks), security controls, AI governance, and related topics is provided for general informational purposes only.

APEXLyn Attest and APEXLyn Trace are evidence platforms that assist organizations with compliance evidence collection and AI governance. They do not replace the advice of qualified professional advisors, including lawyers, accountants, auditors, and certified security professionals. Assessment outputs produced by our platforms are evidence-based and should be reviewed by appropriately qualified professionals before being relied upon for formal compliance, audit, regulatory, insurance, or legal decisions.

You should obtain appropriate professional advice specific to your circumstances before making any decision based on information provided on this Website.

Links to third-party websites

This Website may contain links to websites, resources, or services operated by third parties. These links are provided for your convenience and information only. We do not control and are not responsible for the content, privacy practices, security, availability, or accuracy of any third-party website.

The inclusion of a link to a third-party website does not imply endorsement, sponsorship, or approval of that website, its operator, or any products or services it offers.

Your use of any third-party website is at your own risk and is subject to that website's own terms of use and privacy policy. We recommend that you review the terms and privacy policy of any third-party website before providing personal information or engaging with its services.

Limitation of liability

To the maximum extent permitted by applicable Australian law, APEXLyn Pty Ltd, its directors, officers, employees, agents, contractors, and affiliates exclude all liability for any loss, damage, cost, or expense — whether direct, indirect, incidental, special, consequential, punitive, or otherwise — arising from or in connection with:

• your access to or use of this Website, or your inability to access or use this Website;
• any reliance on information provided on this Website;
• any errors, inaccuracies, omissions, or outdated information on this Website;
• any unauthorised access to or use of our servers or any personal information stored therein;
• any interruption or cessation of transmission to or from this Website;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through this Website by any third party; or
• any third-party content, websites, or services linked to from this Website.

This limitation applies regardless of the cause of action, whether in contract, tort (including negligence), equity, under statute, or on any other basis.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement. See Section 10 below.

Indemnification

You agree to indemnify, defend, and hold harmless APEXLyn Pty Ltd, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable legal fees) arising from or in connection with:

• your use of this Website;
• your violation of these Terms;
• your violation of any applicable law or regulation;
• your violation of any rights of any third party; or
• any content or information you submit, post, or transmit through this Website.

This indemnification obligation survives the termination of these Terms and your cessation of use of this Website.

Australian Consumer Law

Our services and this Website come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

Nothing in these Terms is intended to exclude, restrict, or modify:

• any condition, warranty, guarantee, right, or remedy implied or imposed by the Australian Consumer Law or any other applicable Australian federal, state, or territory law that cannot be excluded, restricted, or modified by agreement; or
• any liability that cannot be excluded or limited under applicable law.

To the extent that we are entitled to limit our liability under the Australian Consumer Law, our liability is limited, at our option, to:

• in the case of services: the re-supply of the services or the payment of the cost of having the services re-supplied; or
• in the case of goods: the replacement or repair of the goods, the supply of equivalent goods, or the payment of the cost of replacing or repairing the goods or acquiring equivalent goods.

If any term of these Terms would otherwise be void, unenforceable, or in contravention of the Australian Consumer Law, that term is to be read down to the extent necessary to give it a valid and enforceable operation. If it cannot be read down, it is to be severed from these Terms without affecting the validity and enforceability of the remaining terms.

Privacy

Your use of this Website is also governed by our Privacy Policy, available at www.apexlyn.com.au/privacy. By using this Website, you acknowledge that you have had the opportunity to read and understand our Privacy Policy.

Information about how we use cookies and website analytics is available in our Cookie Policy at www.apexlyn.com.au/cookies.

Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.

You irrevocably agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and the courts of appeal therefrom, for the resolution of any dispute arising out of or in connection with these Terms or your use of this Website.

Nothing in this clause limits the right of APEXLyn to seek injunctive or other equitable relief in any court of competent jurisdiction.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

The invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the intent of the original provision. If modification is not possible, the provision will be severed from these Terms.

Entire agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and APEXLyn Pty Ltd with respect to your use of this Website. They supersede all prior or contemporaneous communications, proposals, and representations, whether oral or written, relating to this Website.

No waiver of any provision of these Terms will be effective unless in writing and signed by APEXLyn. No failure or delay by APEXLyn in exercising any right under these Terms will operate as a waiver of that right.

Changes to these terms

We may update these Terms from time to time. When we update these Terms, we will update the "Last updated" date at the top of this page.

If we make changes that are material, we will take reasonable steps to notify you, such as posting a notice on our Website.

Your continued use of this Website after any update constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using this Website.

We encourage you to review these Terms periodically.

Contact us

If you have any questions about these Terms, please contact us:

APEXLyn Pty Ltd

ABN: 58 695 750 380

Email: legal@apexlyn.com.au

Phone: 1300 717 142

Location: Sydney, NSW, Australia

Website: www.apexlyn.com.au