Last updated: 18 August 2023

This website is owned and operated by Cybera Global AG and its associated companies, businesses or subsidiaries (Cybera, we, us, our).  References to our website shall also include the online cyber-crime reporting tool provided by Cybera.

These terms of use (Terms of Use) apply to visitors and anyone interacting with our websites (You). Your access and use of our website is governed by these Terms of Use. By accessing, browsing and using our websites (or continuing to do so), you acknowledge that you have read, understood and accepted these Terms of Use.

These Terms of Use should be read together with Cybera’s Privacy Policy, available here:
https://cybera.io/privacy-policy/.

If you have any queries or comments in relation to these Terms of Use, you can contact Cybera by using our online tool, available here: https://cybera.io/contact-us/.

1. General Disclaimer

This website is made available on an as-is basis, and on the basis of general information current at the time of publication. While we believe the contents of this website to be accurate, you acknowledge that changes in circumstances after publication may affect the completeness or accuracy of such content. Except as otherwise expressly stated, we make no representations or warranties of any kind with respect to this website or its contents.

It is your responsibility to assess and verify the accuracy, completeness, currency and reliability of the information on this website, and to seek professional advice where necessary. To the maximum extent permitted by law, we disclaim any representations or warranties as to the security, completeness, accuracy, merchantability or fitness for purpose of the content of this website or the services available through this website.

2. Intellectual Property

Unless otherwise indicated, all copyright and other intellectual property rights in the website design, text, images, graphics, data, information, logos, and other materials on this website, including the selection and arrangement thereof, and all software relating to this website, belong to or are licensed by Cybera. All trade marks, service marks, trade names and branding on this website belong to Cybera or its licensors. You are not granted any licence or right to use this intellectual property except in the normal course of accessing this website and using the services made available on this website for your personal non-commercial purposes.

No material from this website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without our prior written permission.

3. Using the Cybera Website

While we endeavour to ensure that the website is available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

We assume no responsibility for any technical malfunction, error, interruption, delay, communication failure, virus, theft or destruction or unauthorised access to the website, or any injury or damage to any person’s computer related to the use of the website, or the uploading of material or downloading of any software/material (where permitted) from the website.

You may access and use the website for lawful and authorised purposes only. You may not use the website:

(a)

in any way that breaches any laws, regulations or orders of a court or government authority;

(b)

in any way that infringes the rights of any other person;

(c)

in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(d)

to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and

(e)

to knowingly transmit any data, send or upload any material that contains viruses or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

4. Links

Information on this website may include links to the websites of others outside our network. These links are provided for your convenience only. The inclusion of any link to other websites does not imply endorsement by Cybera of those third party companies, individuals, products, services, information, or opinions.

We do not warrant that information on this or any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor do we authorise any such infringement by providing these links. We recommend you read the legal and privacy notices of any other websites that you visit.

We disclaim liability for any loss or damage whatsoever arising from your use of links to third party websites.

5. Cookies

While you are visiting our website we may use cookies to facilitate a more personalised web browsing experience. A cookie is a small file stored on the hard drive of your device and sent via a web server so that some information about your browsing activity can be collected. Please note that cookies do not cause any damage to your device. You may disable cookies in your web browser’s settings, however please be aware that by disabling all the cookies on the Site, certain functionalities may not be available.

For more information about how Cybera handles personal information, please refer to the Cybera Privacy Policy available here: https://cybera.io/privacy-policy/.

6. Your Account with Cybera

If you register an account through the use of the services on our websites, you are responsible for ensuring that the details which you are required to provide upon registering are accurate and up to date. If your details change, or if you wish to cancel your account, you may notify us by contacting us at: https://cybera.io/contact-us/. 

You are solely responsible for the basic security and confidentiality of your account, and for keeping your log-in details (including password, username, and any email or other account which you may register as a means of verification) secure and safe. 

We reserve the right to refuse service and/or terminate any accounts registered with us without prior notice should these Terms of Use be violated or if we decide, in our sole discretion, that it would be in Cybera’s best interests to do so.

7. Materials provided by You

By using our website and services, and by providing to us information and materials in the course of using the services (particularly those aspects of our services which allow you to report alleged cyber-related crimes) you authorise Cybera to use your information and materials for any purpose consistent with its business and activities, which may include:

• using the details you have provided as part of our services, including the CYBERA WATCHLIST™ services (provided that we will never identify you or utilise your personal information for this purpose);

• aggregating your information to provide data or statistics relevant to our services;

• using your information or materials to assess our services and improve them; and

• providing information or materials to government agencies, law enforcement agencies, financial institutions or any other third party we are partnered with.

Cybera will always handle personal information in accordance with the Cybera Privacy Policy, available here: https://cybera.io/privacy-policy/.

8. Limitation of Liability

Your use or reliance on the information on this website is at your own risk. 

Save to the extent that any liability cannot be excluded or limited under applicable law, Cybera will not, to the maximum extent permitted by law, be liable for any loss, damage, claims, expenses, or injury arising out of or related to the use, or inability to use, the information on this website or provided through this website by email. Under no circumstances shall Cybera be liable to you for any loss that does not flow naturally and directly from the relevant breach, negligence or other act or omission.

Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded.

9. Indemnity

You agree to indemnify Cybera for all damages, losses, penalties, fines, expenses and costs (including legal costs) which are caused by your breach of these Terms of Use , any information that you provide to Cybera via this website or any damage that you may cause to this website. This indemnity includes, without limitation, loss or liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of any applicable consumer law.

10. General Terms  

These Terms are governed by the laws of Switzerland, and the parties submit to the nonexclusive jurisdiction of the courts of Zurich, Switzerland and any courts that may hear appeals from those courts about any proceedings in connection with these Terms.

We reserve the right to make any changes and corrections to these Terms at any time. When we amendment these Terms, we will post a new version on our websites.

If any provision of these Terms is held void, unenforceable or illegal, that provision will be severed, and the remaining provisions will have full force and effect.

For Australian Users:

Last updated: 19 June 2023

This website is owned and operated by Cybera Global AG and its associated companies, businesses or subsidiaries (Cybera, we, us, our).  References to our website shall also include the online cyber-crime reporting tool provided by Cybera.

These terms of use (Terms of Use) apply to visitors and anyone interacting with our websites (You). Your access and use of our website is governed by these Terms of Use. By accessing, browsing and using our websites (or continuing to do so), you acknowledge that you have read, understood and accepted these Terms of Use.

These Terms of Use should be read together with Cybera’s Privacy Policy, available here: https://cybera.io/privacy-policy/.

If you have any queries or comments in relation to these Terms of Use, you can contact Cybera by using our online tool, available here: https://cybera.io/contact-us/. 

1. General Disclaimer

This website is made available on an as-is basis, and on the basis of general information current at the time of publication. While we believe the contents of this website to be accurate, you acknowledge that changes in circumstances after publication may affect the completeness or accuracy of such content. Except as otherwise expressly stated, we make no representations or warranties of any kind with respect to this website or its contents.

It is your responsibility to assess and verify the accuracy, completeness, currency and reliability of the information on this website, and to seek professional advice where necessary. To the maximum extent permitted by law, we disclaim any representations or warranties as to the security, completeness, accuracy, merchantability or fitness for purpose of the content of this website or the services available through this website.

2. Intellectual Property

Unless otherwise indicated, all copyright and other intellectual property rights in the website design, text, images, graphics, data, information, logos, and other materials on this website, including the selection and arrangement thereof, and all software relating to this website, belong to or are licensed by Cybera. All trade marks, service marks, trade names and branding on this website belong to Cybera or its licensors. You are not granted any licence or right to use this intellectual property except in the normal course of accessing this website and using the services made available on this website for your personal non-commercial purposes.

No material from this website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without our prior written permission.

3. Using the Cybera Website

While we endeavour to ensure that the website is available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

We assume no responsibility for any technical malfunction, error, interruption, delay, communication failure, virus, theft or destruction or unauthorised access to the website, or any injury or damage to any person’s computer related to the use of the website, or the uploading of material or downloading of any software/material (where permitted) from the website.

You may access and use the website for lawful and authorised purposes only. You may not use the website:

(a)

in any way that breaches any laws, regulations or orders of a court or government authority;

(b)

in any way that infringes the rights of any other person;

(c)

in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(d)

to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and

(e)

to knowingly transmit any data, send or upload any material that contains viruses or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

4. Links

Information on this website may include links to the websites of others outside our network. These links are provided for your convenience only. The inclusion of any link to other websites does not imply endorsement by Cybera of those third party companies, individuals, products, services, information, or opinions. 

We do not warrant that information on this or any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor do we authorise any such infringement by providing these links. We recommend you read the legal and privacy notices of any other websites that you visit.

We disclaim liability for any loss or damage whatsoever arising from your use of links to third party websites.

5. Cookies

While you are visiting our website we may use cookies to facilitate a more personalised web browsing experience. A cookie is a small file stored on the hard drive of your device and sent via a web server so that some information about your browsing activity can be collected. Please note that cookies do not cause any damage to your device. You may disable cookies in your web browser’s settings, however please be aware that by disabling all the cookies on the Site, certain functionalities may not be available.

For more information about how Cybera handles personal information, please refer to the Cybera Privacy Policy available here: https://cybera.io/privacy-policy/.

6. Your Account with Cybera

If you register an account through the use of the services on our websites, you are responsible for ensuring that the details which you are required to provide upon registering are accurate and up to date. If your details change, or if you wish to cancel your account, you may notify us by contacting us at: https://cybera.io/contact-us/. 

You are solely responsible for the basic security and confidentiality of your account, and for keeping your log-in details (including password, username, and any email or other account which you may register as a means of verification) secure and safe. 

We reserve the right to refuse service and/or terminate any accounts registered with us without prior notice should these Terms of Use be violated or if we decide, in our sole discretion, that it would be in Cybera’s best interests to do so.

7. Materials provided by You

By using our website and services, and by providing to us information and materials in the course of using the services (particularly those aspects of our services which allow you to report alleged cyber-related crimes) you authorise Cybera to use your information and materials for any purpose consistent with its business and activities, which may include:

• using the details you have provided as part of our services, including the CYBERA WATCHLIST™ services (provided that we will never identify you or utilise your personal information for this purpose);

• aggregating your information to provide data or statistics relevant to our services;

• using your information or materials to assess our services and improve them; and

• providing information or materials to government agencies, law enforcement agencies, financial institutions or any other third party we are partnered with.

Cybera will always handle personal information in accordance with the Cybera Privacy Policy, available here: https://cybera.io/privacy-policy/.

8. Limitation of Liability

Your use or reliance on the information on this website is at your own risk.

Save to the extent that any liability cannot be excluded or limited under applicable law (including liability for breaching any rights you may have under the Australian Consumer Law (contained at Schedule 2 of the Competition and Consumer Act 2010 (Cth)), Cybera will not, to the maximum extent permitted by law, be liable for any loss, damage, claims, expenses, or injury arising out of or related to the use, or inability to use, the information on this website or provided through this website by email.  Under no circumstances shall Cybera be liable to you for any loss that does not flow naturally and directly from the relevant breach, negligence or other act or omission.

Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded, including any rights you might have or remedies available to you under the Australian Consumer Law (contained at Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

9. Indemnity

You agree to indemnify Cybera for all damages, losses, penalties, fines, expenses and costs (including legal costs) which are caused by your breach of these Terms of Use , any information that you provide to Cybera via this website or any damage that you may cause to this website. This indemnity includes, without limitation, loss or liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Consumer Law (contained at Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

10. General Terms  

These Terms are governed by the laws in force in Victoria, Australia, and the parties submit to the nonexclusive jurisdiction of the courts of Victoria and the Federal Court of Australia and any courts that may hear appeals from those courts about any proceedings in connection with these Terms.

We reserve the right to make any changes and corrections to these Terms at any time. When we amendment these Terms, we will post a new version on our websites.

If any provision of these Terms is held void, unenforceable or illegal, that provision will be severed, and the remaining provisions will have full force and effect.