Terms and Conditions

These Terms do not govern our main client portal. If you become a Vintaris client and are given access to the main client portal, that environment is governed by separate terms and a separate privacy policy which you will be asked to agree to at that time. The Self-Service Portal is limited to account creation, the paid self-service questionnaire, and payment; it does not collect logins or credentials to your systems and does not accept evidence or document uploads.

By accessing or using any of the Services, including by completing any questionnaire (whether free or paid), creating a Self-Service Portal account, or purchasing a product or service, you agree to be bound by these Terms. If you do not agree, you must not use the Services. If you are using the Services on behalf of a business or other organisation, you represent that you have authority to bind that organisation, and "you" includes that organisation.

1. About these Terms

1.1 These Terms apply to the website and the Self-Service Portal, including the free self-assessment questionnaire, the paid self-service assessment, and any reports generated by them. They do not apply to the main client portal or to expert-led client engagements, which are governed by separate terms.

1.2 Some Services may be subject to additional or specific terms provided to you at the time (for example, an engagement letter, statement of work, or order form). Where additional terms apply and conflict with these Terms, the additional terms prevail to the extent of the inconsistency for that Service.

1.3 We may update these Terms from time to time. The current version will be published at our website. Changes take effect when published, except that for paid Services you have already purchased, the Terms in force at the time of your purchase continue to apply to that purchase. Your continued use of the Services after changes are published constitutes acceptance of the updated Terms.

2. The questionnaires and self-assessments: important disclaimer

This clause is important. Please read it carefully.

2.1 Self-reported and self-assessed.Our questionnaires and self-assessments (including any free preview questionnaire and any paid self-service questionnaire, and any score, rating, "exposure" indicator, snapshot, flag, or automated report generated from them) are based entirely on information that you input. We do not verify, audit, test, inspect, or independently confirm any of your answers or your actual security posture as part of a questionnaire or self-service assessment or follow up consultation.

2.2 Not a professional audit or advice. Any output of a questionnaire or self-service assessment is a general, automated, self-reported indication only. It is not a security audit, penetration test, professional assessment, certification, or professional, legal, financial, or insurance advice, and must not be relied upon as any of those things. It does not guarantee, and should not be taken to represent, that your systems are secure, compliant, insurable, or free from vulnerability.

2.3 No reliance. You must not rely on any questionnaire or self-service output as the basis for any decision without obtaining appropriate independent professional advice. Results depend on the accuracy and completeness of the information you provide; inaccurate, incomplete, or misunderstood inputs will produce unreliable outputs.

2.4 No responsibility for self-assessed results. To the maximum extent permitted by law, we accept no responsibility or liability for any questionnaire or self-service assessment result, for any action taken or not taken in reliance on it, or for any outcome (including any security incident, breach, loss, claim denial, or non-compliance) arising in connection with it.

2.5 Expert-led and client-portal services differ. Where you separately become a client or engage us for an expert-led or verified assessment, the scope, deliverables, and terms of that engagement (and the main client portal) are set out in separate documentation you agree to at that time. This clause 2 concerns the self-assessed free and paid self-service questionnaires offered through the website and Self-Service Portal only.

3. Eligibility and accounts

3.1 You must be at least 18 years old and capable of forming a binding contract to use the Services.

3.2 Some Services require you to create an account and provide accurate contact and business information. You are responsible for keeping your account credentials secure and for all activity under your account. You must notify us promptly of any unauthorised use.

3.3 You agree that the information you provide is accurate, current, and complete, and you will keep it up to date. We are not responsible for consequences arising from inaccurate or outdated information you provide.

4. Fees, payment, and refunds

4.1 Fees for paid Services (including the paid self-service assessment and any expert-led services) are as displayed or quoted at the time of purchase or in the applicable order documentation. Unless stated otherwise, fees are in Australian dollars and are inclusive or exclusive of GST as indicated at the point of sale.

4.2 Payment is due at the time of purchase or as otherwise agreed in writing. We may use third-party payment processors; your use of those services may be subject to their terms.

4.3 Digital and automated products. Because the paid self-service assessment provides immediate access to digital content and an automated report, then to the extent permitted by law, fees for it are non-refundable once you have commenced or accessed the product, except where required by the Australian Consumer Law.

4.4 Refunds or remedies required by the Australian Consumer Law are not excluded by this clause.

5. Your data and privacy

5.1 Data storage. We host our core infrastructure and store the information you provide to us primarily in Australia. Some trusted third-party providers we use (such as our payment processor and certain email or analytics tools) may process information overseas; where they do, we handle that in accordance with the Australian Privacy Principles and our Privacy Policy.

5.2 Our collection, use, storage, and disclosure of personal information through the website and Self-Service Portal is governed by our Privacy Policy, which forms part of these Terms and is consistent with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. The main client portal is covered by a separate privacy policy provided at client onboarding.

5.3 By using the Services and providing information, you consent to our handling of your information as described in our Privacy Policy, including our contacting you about your results and related security matters, from which you may unsubscribe at any time.

5.4 You are responsible for ensuring you have the right to provide any information you input, including where it relates to your business, staff, or third parties.

6. Acceptable use

6.1 You must not: use the Services unlawfully or for any unlawful purpose; interfere with or compromise the security or integrity of the Services; attempt to gain unauthorised access to any system or data; reverse engineer, scrape, or extract the underlying logic, scoring methodology, or content of the questionnaires or Services except to the extent permitted by law; or resell, sublicense, or commercially exploit the Services without our written consent.

6.2 We may suspend or terminate your access for any breach of these Terms, or where we reasonably consider it necessary to protect the Services or other users.

7. Intellectual property

7.1 All intellectual property rights in the Services, including the questionnaires, their structure, questions, scoring methodology, reports, templates, text, graphics, branding, and software, are owned by or licensed to Vintaris. Nothing in these Terms transfers any of those rights to you.

7.2 We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services and any report we provide to you for your own internal business purposes only. You must not reproduce, distribute, publish, or create derivative works from our materials except as expressly permitted or required by law.

7.3 Information and answers you input remain yours. You grant us a licence to use that input to provide the Services to you, to generate outputs, and otherwise as described in our Privacy Policy (including de-identified and aggregated use to improve our Services).

8. Third-party services and content

8.1 The Services may link to or rely on third-party services, tools, or content. We are not responsible for third-party services or content, and your use of them may be subject to separate terms. Any reference to a third-party product, framework, standard, or insurer is for general information only and is not an endorsement or a representation about your specific circumstances.

9. Disclaimers and limitation of liability

9.1 Consumer guarantees. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified (a "Non-excludable Right").

9.2 Services provided "as is".Subject to any Non-excludable Right, and to the maximum extent permitted by law, the Services (and in particular the questionnaires, self-assessments, scores, and automated reports) are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including as to accuracy, completeness, fitness for a particular purpose, security, or that outcomes or results will be achieved.

9.3 Limitation. To the maximum extent permitted by law, and subject to clause 9.1:

• (a) we exclude all liability for any indirect, incidental, special, or consequential loss, and for any loss of profit, revenue, data, goodwill, or business opportunity, arising out of or in connection with the Services; and
• (b) our total aggregate liability to you arising out of or in connection with the Services or these Terms, however arising (including in contract, tort (including negligence), statute, or otherwise), is limited: (i) for a paid Service, to AUD $100; and (ii) for a free Service (including any free questionnaire), to AUD $1.

9.4 Where a Non-excludable Right applies, and to the extent we are able to limit our liability for a failure to comply with it, our liability is limited (at our option) to re-supplying the relevant Service or paying the cost of having it re-supplied.

9.5 You acknowledge that the allocation of risk in this clause is reasonable given the nature of the Services (in particular, the self-reported and self-assessed nature of the questionnaires) and the fees charged.

10. Indemnity

10.1 To the maximum extent permitted by law, you indemnify us against any loss, liability, or cost we suffer arising from your breach of these Terms, your misuse of the Services, your provision of inaccurate or unauthorised information, or your infringement of any third-party right.

11. Suspension, termination, and changes to the Services

11.1 We may modify, suspend, or discontinue any part of the Services at any time. We will use reasonable efforts to give notice of material changes affecting paid Services.

11.2 You may stop using the Services at any time. Provisions that by their nature should survive termination (including clauses 2, 7, 9, 10, and 12) survive.

12. General

12.1 Governing law. These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia.

12.2 Entire agreement. These Terms, together with any applicable additional terms and our Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede any prior understanding.

12.3 Severability. If any provision is found to be invalid or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in force.

12.4 Waiver. A failure or delay by us to exercise a right does not waive that right.

12.5 Assignment. You may not assign these Terms without our consent. We may assign or novate them in connection with a sale or restructure of our business.

12.6 Notices. We may give notices to you via the email or account details you provide. You may contact us at connect@vintaris.com.

12.7 No advice relationship. Except under a specific written engagement for expert-led services, nothing in your use of the Services creates a professional advisory, fiduciary, or consulting relationship between you and us.