RED FLAGG™ Terms and Conditions
1. Introduction
1.1 Agreement to Terms: By accessing, browsing, or using RED FLAGG™'s services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you are prohibited from using RED FLAGG™'s services.
1.2 Modification of Terms: RED FLAGG™ reserves the right to modify these Terms at any time. Notice of significant changes will be provided to users at least 15 days in advance via our website or other appropriate means. Continued use of our services following modifications constitutes acceptance of the revised Terms.
2. Terms of Reference
2.1 RED FLAGG™: Refers to RED FLAGG™ Pty Ltd, including any online tools, customer support, advisory services, and cybersecurity risk assessment tools provided under the RED FLAGG™ brand.
2.2 User: Any individual or entity accessing or using RED FLAGG™ services.
2.3 Services: All online tools, customer support, advisory services, and other risk assessment tools provided by RED FLAGG™.
2.4 Advice: Recommendations or assessments provided by RED FLAGG™ based on user-submitted content, intended to assist with cybersecurity awareness and assess potential threats.
3. Compliance with Australian Laws and Regulations
3.1 Privacy Compliance: RED FLAGG™ complies with the Privacy Act 1988 and Australian Privacy Principles (APPs). Personal information collected by RED FLAGG™ will only be used and disclosed as required to provide services, ensure security, and comply with legal obligations. Our Privacy Policy provides full details on data handling, user rights, and data security measures.
3.2 Notifiable Data Breaches (NDB) Compliance: RED FLAGG™ complies with the NDB Scheme, under which users will be promptly notified of any data breaches likely to result in serious harm. The Office of the Australian Information Commissioner (OAIC) will also be notified in compliance with legal requirements. RED FLAGG™ has internal procedures for prompt detection, assessment, and response to potential data breaches.
3.3 Service Transparency under Australian Consumer Law (ACL): In line with ACL, RED FLAGG™ provides clear and accurate information about its services, avoids misleading representations, and ensures services are fit for their intended purpose. RED FLAGG™’s descriptions of its services are transparent and intended to ensure users are fully informed.
3.4 Ongoing Legislative Updates: RED FLAGG™ will continually monitor developments in Australian cybersecurity laws, including the proposed Cyber Security Bill 2024 and other national cyber strategies. RED FLAGG™ will adjust its policies and procedures as necessary to maintain compliance with evolving regulations.
4. Consent and Scope of Advice
4.1 Consent Requirement: By using RED FLAGG™'s services, you provide consent for RED FLAGG™ to analyze information you submit and to provide cybersecurity advice or recommendations. RED FLAGG™ does not provide legal or financial advice, and all advice is intended solely for informational purposes.
4.2 User Decision-Making: All advice provided by RED FLAGG™ is a recommendation only and does not constitute an instruction or directive. Users are solely responsible for their decisions regarding their digital security and any subsequent actions they take based on our advice.
4.3 No Liability for Advice Provided: Users acknowledge that RED FLAGG™ assumes no responsibility or liability for outcomes resulting from any advice provided. RED FLAGG™ disclaims all liability, to the fullest extent permissible by law, for any direct or indirect loss, harm, or damage arising from the use or misuse of its advice.
4.4 Advice Limitations: RED FLAGG™'s assessments are based on the information submitted by users. Given the evolving nature of cybersecurity, RED FLAGG™ cannot guarantee complete accuracy, timeliness, or applicability of its advice. Users are encouraged to independently verify advice and to consult other resources as necessary.
5. Privacy and Data Use
5.1 Privacy Commitment: RED FLAGG™ is committed to protecting user privacy and complies with the Privacy Act 1988 and the Australian Privacy Principles. Our Privacy Policy outlines data collection, use, and protection practices. By using our services, you agree to the terms set forth in our Privacy Policy.
5.2 No Marketing Use of Data: RED FLAGG™ will not use any user data collected through its services for marketing purposes, either within RED FLAGG™ or through third parties. All user data will be used solely for the purposes of providing requested cybersecurity assessments and maintaining the security of RED FLAGG™'s platform.
5.3 Data Security: RED FLAGG™ employs industry-standard measures to protect user data. However, no security measure is foolproof. By using our services, you acknowledge and accept the inherent risks associated with transmitting information over the internet and agree that RED FLAGG™ cannot guarantee absolute security of your data.
5.4 Data Retention and Deletion: User data is retained only as long as necessary for providing our services and as required by law. Users may request data deletion at any time, subject to legal and regulatory obligations. To request data deletion, please contact our support team at legal@redflagg.com.au.
6. Nature of Service
6.1 Advisory-Only Service: RED FLAGG™ provides advisory services to help users assess potential risks in their digital communications. We do not directly intervene or interact with third parties on a user's behalf, nor do we enforce any security measures or independently verify external sources.
6.2 Service Limitations: RED FLAGG™ does not guarantee the completeness, accuracy, or timeliness of information or advice provided. RED FLAGG™ is not liable for any direct, indirect, or consequential damages arising from reliance on information that may be incomplete, outdated, or inaccurate.
6.3 No Emergency Services: RED FLAGG™ is not an emergency or real-time incident response service. If you suspect you are under immediate threat, please contact appropriate authorities or emergency services.
7. User Responsibilities
7.1 Accuracy of Information Provided: Users agree to provide complete, accurate, and current information when requesting services or submitting suspicious content. Incomplete or inaccurate information may limit the effectiveness of RED FLAGG™'s services.
7.2 Prohibited Uses: Users must not misuse RED FLAGG™'s services for illegal activities, to harm others, to distribute malicious software, or to engage in any activity that could disrupt or compromise RED FLAGG™'s systems.
7.3 Compliance with Applicable Laws: Users agree to comply with all applicable laws, including privacy, cybersecurity, and consumer protection regulations, when using RED FLAGG™'s services.
7.4 Respect for Third-Party Rights: Users agree not to infringe upon the intellectual property rights, privacy, or any other legal rights of third parties when using RED FLAGG™ services.
8. Intellectual Property
8.1 Ownership: All content, trademarks, logos, and data provided by RED FLAGG™ are the property of RED FLAGG™ Pty Ltd or its licensors. Unauthorized use, reproduction, or distribution of RED FLAGG™'s intellectual property is strictly prohibited.
8.2 User License: RED FLAGG™ grants users a limited, non-exclusive, non-transferable license to access and use our services for personal, non-commercial purposes. Users agree not to reverse-engineer, decompile, or otherwise misuse RED FLAGG™'s technology.
9. Limitation of Liability
9.1 Exclusion of Warranties: RED FLAGG™ provides its services "as is" without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
9.2 Limitation of Liability: To the fullest extent permitted by Australian law, RED FLAGG™ disclaims liability for any indirect, incidental, or consequential damages, including but not limited to loss of data, profits, revenue, or business interruption, arising from the use or inability to use our services. RED FLAGG™'s liability for any claim, if applicable, shall not exceed the fees paid by the user.
9.3 Australian Consumer Law Compliance: Nothing in these Terms excludes, restricts, or modifies any warranty, right, or remedy implied by Australian Consumer Law or other applicable legislation that cannot be legally excluded. This clause applies only to the extent permissible by law.
10. Indemnification
10.1 Users agree to indemnify, defend, and hold harmless RED FLAGG™ and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:
(a) User's use or misuse of our services;
(b) User's violation of these Terms or any applicable laws; or
(c) User-provided content that infringes or violates the rights of others.
11. Governing Law and Jurisdiction
11.1 These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria.
12. Unfair Contract Terms
12.1 Compliance with Unfair Contract Terms Legislation: In accordance with Australian Consumer Law, RED FLAGG™ ensures that all terms are fair, transparent, and compliant. Any term deemed unfair under the law will be considered void.
13. Cybersecurity Standards
13.1 Adherence to Cybersecurity Legislation: RED FLAGG™ complies with the Security of Critical Infrastructure Act 2018 and proposed Cyber Security Bill 2024, implementing mandatory security measures to protect user data and maintain service integrity.
13.2 Ransomware Reporting: As part of the Cyber Security Bill 2024, RED FLAGG™ is committed to mandatory reporting of ransomware payments and will follow legal protocols in the event of a ransomware incident.
14 No Lock-In Contracts and Cancellation Policy
14.1 Red Flagg™ operates on a flexible, no lock-in basis. Subscriptions may be cancelled at any time without incurring cancellation fees or penalties.
14.2 Upon cancellation, services will remain active until the end of the current billing cycle. No partial refunds are provided for unused time unless otherwise required by law.
14.3 Users may cancel via the customer portal or by contacting our support team at hello@redflagg.com.au. Confirmation will be provided once cancellation is processed.
14. Contact Information
For any questions or concerns regarding these Terms, please contact us via:
Email: legal@redflagg.com.au