Date Updated: November 9th, 2024
NOTICE: These Terms and Conditions of Use (the “Terms”) are legally binding. It is your responsibility to read these Terms prior to your purchase, use or access of any of our trainings and courses, including but not limited to Vulnerability Research & Fuzzing, Offensive Tool Development, Reverse Engineering, Ad Hoc Services, Self-Paced Trainings and Public Trainings, whether delivered in person or virtually, and whether delivered on our website https://signal-labs.com (“Website”) or on any third-party website(s) or platform(s) duly authorised by us (“Third-party Platforms”) (each individually a “Course” and collectively, the “Courses”).
When you purchase the Course from Signal Labs Pty Ltd (ACN: 679 156 686), (“Signal Labs”), you are given reasonable notice that these Terms exist. By proceeding with your purchase of any Course and/or access of any Course, you voluntarily agree and continue to agree to abide by these Terms.
You hereby irrevocably and unconditionally agree for yourself, your personal representatives, and if you are a company or entity, your employees, principals, contractors, and successors and assigns, as follows:
COURSE DETAILS. The Course details are set forth on the Website at the time of purchase or are otherwise communicated to you by Signal Labs at the time of purchase. Such details may include Course information, accessibility of the course, pricing, critical dates and times, and any materials to be provided as part of the Course (“Course Details”). Signal Labs reserves the right to modify, discontinue, temporarily or permanently, the Course or part thereof with or without notice to you.
ACCESS. Courses may be offered through the Website or Third-party Platforms. The expiration date of accessibility for the Course and portions thereof, including materials provided as part of the Course, will be set forth in the Course Details.
PUBLICITY WAIVER. You acknowledge that as part of the Course you have been informed that you may be asked to post in a private or public forum for the Course, set up an online account with personal information (including your full name, mailing and billing address, phone number, email address, company name (if applicable, and information for all members participating as part of the company) and profile photo), create a user name, provide a testimonial, and/or be recorded in included webinars for Signal Labs’ advertising, promotion, and any other commercial and business purposes Signal Labs may deem fit (“Content”). Additionally, Signal Labs may collect regular logging information such as log-in dates and times and their associated IP addresses, to be treated as Content for purposes of this section. You grant your irrevocable consent to Signal Labs the right to use, publish in whole or in part the Content, which may include the public display of your name and likeness, without compensation, in any other manner or media now known or hereinafter invented, throughout the world, without restriction as to alterations or modifications, for any purpose described above and as Signal Labs reasonably deems fit (“Usage”). You understand that Content will be the sole property of Signal Labs and you waive any and all rights of publicity, privacy, or other rights therein. You further waive any and all rights to bring an action at law or equity related to the Content against Signal Labs, its affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, and release them from any and all liability whatsoever related to the Content.
If you do not wish to consent to the Usage or wish to withdraw your consent, please contact us.
DISCLAIMERS.
General Disclaimer. To the fullest extent permitted by applicable laws, Signal Labs, its affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by participant or others in connection with the Course, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Assumption of Risk. You assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you by Signal Labs, any contributors, and any of the other Course participants. You take full responsibility for your business’s health, your personal health and well-being, your actions and decisions, and your personal and professional care during the Course. You agree that you must evaluate and bear all risks associated with the use of any content provided in the Courses, including any reliance on the accuracy, completeness, or usefulness of such content.
Educational and Entertainment Purposes Only. Signal Labs and its principals are not medical, legal, financial or other professionals, or if they are, during the entire term of any Course and related materials, they are not offering professional services unless expressly stated otherwise and you acknowledge that we are not acting in any professional capacity, including without limitation medical, legal, financial or otherwise during the entire term of any Course. The Courses are strictly for educational and entertainment purposes only. None of the Course or its related materials should be construed as professional advice, including without limitation, medical, legal, or financial advice.
No Guaranteed Outcomes. There is absolutely no guarantee of a result of listening to, adhering to, participating in or completing this Course. You understand that outcomes or results of the Course are subjective and may vary greatly subject to factors such as individual circumstances and individual effort invested in the Course process.
Community Contributions. The opinions expressed by community members as part of the Course are expressed strictly in their individual capacities, and not on the behalf of Signal Labs. The opinions you or others post on this platform do not necessarily reflect Signal Labs’ opinions. Signal Labs has the right to remove any discriminatory, hateful, or explicit content in our sole discretion.
WAIVER AND RELEASE OF LIABILITY. To the greatest extent permissible by applicable laws, you fully and forever release and discharge Signal Labs as well as any of its affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, licensees, volunteers, contributors, any of the Course community members, the venue, and all others involved in the Course (collectively “Released Third Parties”), as applicable, from any and all injuries (including death), losses, damages, claims, demands, lawsuits, costs and expenses, including legal fees and expenses, and any other liability of any kind, of or to me, your property, or any other person, directly or indirectly arising out of or in connection with your participation in or use of the Course, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause, and whether such claims are known or unknown, or suspected or unsuspected (all such claims, demands, losses, liabilities, damages and causes of action are referred to collectively herein as the “Released Claims”).
AGREEMENT NOT TO SUE; INDEMNITY. To the greatest extent permissible by applicable laws, you covenant and agree that (i) you will not institute or attempt to institute any legal action, arbitration, demand or proceeding against Signal Labs or Released Third Parties based upon any Released Claim, (ii) you will indemnify, defend and hold harmless Signal Labs and Released Third Parties from and against any losses, claims, liabilities, expenses or damages, including attorneys’ fees and costs, incurred in connection with the defence of any Released Claim or any other breach of your obligations under these Terms, (iii) you will indemnify, defend and hold harmless Signal Labs and Released Third Parties for any and all claims or demands, including reasonable attorney’s fees, that arise from or otherwise relate to use of the Course and related materials, and (iv) your violation of these Terms or the rights of another.
PAYMENT. All amounts due for the Course must be paid prior to gaining access to the Course. For any subscription purchases, all fees must be paid prior to the commencement of such subscription. Signal Labs shall not be held liable for any charges you incur as a result of any inaccurate or outdated payment details. In the event Signal Labs incurs any cost as due to inaccurate or outdated payment information provided by you, Signal Labs shall be entitled to seek reimbursement for any such costs.
NO TRANSFER. You acknowledge that you may not transfer the use of the Course to any third party unless prior written consent of Signal Labs has been duly obtained.
TERMINATION. You acknowledge that you are entitled to cease or terminate your participation in or use of the Course at any time.
REFUNDS. If you cease your participation in the Course because of change of mind, you will not be entitled to a refund for any portion of the Course.
CONSUMER GUARANTEES. Signal Labs’ services come with guarantee that cannot be excluded under the Australian Consumer Law (ACL). If you are of the view that the Course does not comply with any guarantees under ACL or fails to conform with ACL, you may reach out to us and we will investigate the issue and provide you with an outcome of investigation within 30 days. Subject to the outcome of our investigation and the ACL, you may be entitled to a full refund of the Course, a partial refund for any unused portion of the Course or a replacement of the Course.
NO EXCLUSIONS. Notwithstanding anything to the contrary herein stipulated, nothing in these Terms is intended to exclude, restrict or modify any rights that you have under the ACL or any other applicable laws that we cannot lawfully exclude, restrict or modify.
CONTENT STANDARDS. In order to foster a supportive and productive environment, during the Course the following content standards (the “Content Standards”) apply to any and all contributions and communication among the Course community members and Signal Labs’ team (“Community Contributions”). Community Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Community Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (iii) promote any illegal activity, or advocate, promote, or assist any unlawful act (iv) infringe or misappropriate the intellectual property rights privacy, or publicity rights of others, or (v) contains harmful content such as malware, viruses, time bombs, and other computer programming routines that could damage or interfere with a system, program, data, or personal information. If Signal Labs is made aware of and determines that Community Contributions have violated these Content Standards, Signal Labs will take commensurate action to restore a supportive and productive environment, including the removal of the community member who violated these Content Standards from the Course, without any refund.
COMPANY COURSE PARTICIPANTS. In the event you are purchasing the Course as part of a private training and/or on behalf of a team of participants or a company (“Company”)(which is subject to prior disclosure to and prior written approval by Signal Labs), the Company agrees to indemnify and hold harmless Signal Labs, its affiliates, officers, directors, employees, agents, and representatives, from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with any breach of these Terms or any claim arising from the participation of any Company member in the Course. The Company acknowledges that each member is responsible for their own participation in the Course, and the company shall ensure that each member complies with these Terms. The Company further agrees to promptly notify Signal Labs in writing of any claim, demand, or suit related to the Course, and to cooperate with Signal labs in its defence of such claim, demand, or suit. This indemnification provision shall survive the completion of the Course or termination of these Terms.
PRIVACY. Signal Labs may collect, use or disclose your personal information in our dealings with you and any such disclosure, collection and use of your personal information is subject to Signal Labs’ Privacy Policy and in compliance with Privacy Act 1988 (Cth).
INTELLECTUAL PROPERTY. You acknowledge that Signal Labs’ written and recorded materials, including but not limited to recordings, source code files, PDFs, powerpoints, documents, graphics, designs, logos, software code, texts, images, etc. are protected by applicable intellectual property laws, and you agree not to duplicate, copy, sell, resell, reproduce or distribute any such materials for any reason without Signal Labs’ prior written consent. You agree not to disclose, reproduce or distribute this Course’s written materials, techniques or methods to any third party without Signal Labs’ prior written consent (“Prohibited Activity”).
LIMITED LICENSE. Subject to and in accordance with these Terms and other guidelines or instructions Signal Labs includes in the Course, Signal Labs grants a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Course. More specifically, unless explicitly authorized in these Terms or by Signal Labs or the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, resell, share, trade or distribute in any manner or medium (including by email or other electronic means) any material from the Course. You may, however, from time to time, unless otherwise instructed or stated in any materials, download and/or print one copy of the individual pages of the Course for your individual use, provided that you keep intact all copyright and other proprietary notices.
Signal Labs reserves the right to terminate your access to the Course at any time in the event these Terms have been violated by you or if we reasonably believe that you have violated any of these Terms.
SURVIVAL. You acknowledge that these Terms shall survive the termination or completion of the Course.
FORCE MAJEURE. Signal Labs shall not be liable or responsible for, nor be deemed to have defaulted under or breached these Terms, for any failure, interruption, adaptation in format or scheduling, or delay in fulfilling or performing any term of these Terms, when and to the extent such failure, interruption, adaptation in format or scheduling, or delay is caused by or results from the following force majeure events (“Force Majeure Events“): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) pandemic; (f) action by any governmental authority; (g) national or regional emergency; (h) travel restrictions; (i) shortage of adequate power or transportation facilities; and (j) other events beyond the reasonable control of Signal Labs or contributors. In the event of occurrence of a Force Majeure Event, Signal Labs will give notice as soon as reasonably possible to all Course community members. Signal Labs will use diligent efforts to mitigate the failure, interruption, or delay in order to minimise the impact of such Force Majeure Event. Signal Labs will resume or reschedule the performance of its obligations as soon as reasonably practicable.
DISPUTE RESOLUTION. In the unlikely event of a dispute arising from or relating to the Course or these Terms, the dispute shall be settled by binding arbitration in Victoria, Australia , which will occur via telephone or video conference with an arbitrator that is mutually approved by the parties in writing. The costs of the arbitration will be shared equally by the parties; provided, that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses incurred therein, including its reasonable legal fees and costs.
LIMITATION OF LIABILITY. THE COURSE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIGNAL LABS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF THE COURSE. YOUR USE OF THE COURSE IS AT YOUR OWN RISK. TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, NEITHER SIGNAL LABS NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE COURSE AND THE INFORMATION AVAILABLE ON THE COURSE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE COURSE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SIGNAL LABS AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE COURSE AND THE INFORMATION AVAILABLE THEREIN.
AMENDMENTS. Signal Labs may amend these Terms from time to time. It is your responsibility to check this website periodically for changes to these Terms. If Signal Labs does amend these Terms, the date at the top of this website indicates when these Terms were last updated. Amendments to these Terms will take effect on the date on which we publish the amendments on this Website, and from then on will govern the relationship between you and Signal Labs in respect of your use of this Website. Your continued access of the Website shall constitute your agreement to the updated Terms. We may notify you in writing in the event of significant change to these Terms.
GOVERNING LAW AND JURISDICTION. These Terms shall be governed and construed in accordance with the laws of the State of Victoria, Australia You hereby submit to the exclusive jurisdiction of courts exercising jurisdiction in the State of Victoria, Australia.
SEVERABILITY. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be fully severable, and these Terms shall be construed and enforced as if such provision had never comprised a part of these Terms.
WAIVER. Any waiver shall only be effective if it is in writing and signed by the party granting the waiver. Any waiver by a party of a breach of these Terms shall not be construed as a waiver of any subsequent breach.
ENTIRE AGREEMENT. These Terms represent the entire agreement between the parties with respect to the subject matter hereof and shall be binding upon me and your heirs, next of kin, family members, estate, trustees, beneficiaries, executors, administrators and representatives.
ALL RIGHTS RESERVED. All rights not expressly granted in these Terms or express written here are reserved by Signal Labs.
CONTACT. If you have any questions about these Terms, please contact us at [email protected].
