By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. This is a legally binding agreement. If you do not agree to these terms, please do not use our services. This agreement includes important provisions such as dispute resolution by arbitration and class action waiver.
By accessing and using CybearTrace’s website and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by the above, please do not use this service.
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and CybearTrace Consulting Pty Ltd (ACN 694 732 664) (“we,” “us,” or “our”), concerning your access to and use of our website and services. By accessing or using the site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
CybearTrace provides scam Investigation, prevention and detection, also including but not limited to:
We work with law enforcement, financial institutions, and legal professionals to provide comprehensive support, but we cannot guarantee their cooperation or specific actions.
You agree to indemnify, defend, and hold harmless CybearTrace Consulting Pty Ltd, its directors, officers, employees, contractors, affiliates, and agents from and against any and all claims, demands, liabilities, losses, damages, judgments, penalties, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) Your breach of these Terms or any applicable law or regulation;
(b) Any false, misleading, inaccurate, or unlawful information or materials submitted by you;
(c) Your misuse, misinterpretation, or unauthorized use of any reports, intelligence, findings, or services provided by CybearTrace Consulting Pty Ltd;
(d) Any actions taken by you based on investigative outputs or analytical findings provided;
(e) Any third-party claims resulting from your conduct, representations, or decisions.
This indemnity does not apply to the extent that a claim arises directly from the gross negligence or willful misconduct of CybearTrace Consulting Pty Ltd.
This indemnification obligation survives termination of services.
All content, materials, reports, research outputs, documentation, analytical findings, software, tools, methodologies, and other materials made available through this site or provided as part of the services are the exclusive property of CybearTrace Consulting Pty Ltd (ACN 694 732 664) or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws.
Except as expressly permitted in writing, you may not copy, reproduce, modify, distribute, publish, transmit, sell, sublicense, reverse engineer, or otherwise exploit any such materials for commercial or public purposes without the prior written consent of CybearTrace Consulting Pty Ltd.
Nothing in these Terms transfers ownership of any intellectual property rights to you.
To the maximum extent permitted by law, CybearTrace Consulting Pty Ltd (ACN 694 732 664) shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or reputational harm, arising out of or in connection with the use of our website or services, even if advised of the possibility of such damages.
To the extent permitted by law, the total aggregate liability of CybearTrace Consulting Pty Ltd arising out of or in connection with the services shall not exceed the total fees actually paid by you to CybearTrace Consulting Pty Ltd for the specific services giving rise to the claim.
Nothing in these Terms excludes, restricts, or modifies any rights or remedies which cannot be excluded under applicable law, including the Australian Consumer Law.
CybearTrace Consulting Pty Ltd (ACN 694 732 664) reserves the right, at any time and without prior notice, to modify, update, suspend, or discontinue any aspect of the website or services, including content, features, structure, functionality, or availability.
To the maximum extent permitted by law, CybearTrace Consulting Pty Ltd shall not be liable for any loss, inconvenience, or damage arising from any such modification, suspension, or discontinuation.
To the extent permitted by law, the total aggregate liability of CybearTrace Consulting Pty Ltd arising out of or in connection with the services shall not exceed the total fees actually paid by you to CybearTrace Consulting Pty Ltd for the specific services giving rise to the claim.
Nothing in these Terms excludes, restricts, or modifies any rights or remedies which cannot be excluded under applicable law, including the Australian Consumer Law.
CybearTrace Consulting Pty Ltd (ACN 694 732 664) grants you a limited, non-exclusive, non-transferable, revocable license to access and use the website and to view or download its content solely for your personal, lawful, and non-commercial use.
This license does not grant you any rights to modify, reproduce, distribute, publish, publicly display, create derivative works from, reverse engineer, or otherwise exploit any website content without the prior written consent of CybearTrace Consulting Pty Ltd.
Any unauthorized use of the website or its materials may result in immediate termination of this license and may expose you to legal action.
If you voluntarily submit feedback, suggestions, ideas, or general comments regarding the website or services, such submissions shall be deemed non-confidential and non-proprietary unless otherwise agreed in writing. By submitting such feedback, you grant CybearTrace Consulting Pty Ltd (ACN 694 732 664) a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, and incorporate such feedback for the purpose of improving its services and operations.
This clause does not apply to case-specific materials, evidence, personal information, or confidential documentation submitted in connection with investigative services, which shall be handled in accordance with applicable confidentiality obligations and privacy laws.
You agree not to submit any unlawful, defamatory, misleading, obscene, or otherwise inappropriate content. CybearTrace Consulting Pty Ltd reserves the right to remove or refuse any user content at its discretion.
The website may contain links to third-party websites, platforms, or resources. These links are provided for convenience only and do not constitute endorsement, approval, or recommendation by CybearTrace Consulting Pty Ltd (ACN 694 732 664).
CybearTrace Consulting Pty Ltd has no control over and assumes no responsibility for the content, policies, products, services, or practices of any third-party websites. Your access to and use of such third-party sites is at your own risk, and you should review their applicable terms and privacy policies.
All orders, proposals, engagement letters, and Statements of Work (“SOW”) accepted by CybearTrace Consulting Pty Ltd (ACN 694 732 664) are subject to these Terms and Conditions.
Services shall commence only upon written confirmation, execution of a mutually agreed SOW, or other formal acceptance by CybearTrace Consulting Pty Ltd.
The specific scope, deliverables, fees, timelines, and any additional terms applicable to a particular engagement shall be set out in the relevant SOW, engagement letter, or written confirmation. In the event of any inconsistency between these Terms and a SOW, the terms of the SOW shall prevail to the extent of the inconsistency.
All fees and payments are governed by the applicable agreement, proposal, or Statement of Work with CybearTrace Consulting Pty Ltd (ACN 694 732 664).
Unless otherwise specified in writing, all invoices are due and payable in full within thirty (30) days from the invoice date.
Fees are non-refundable except as expressly agreed in writing or as required by applicable law.
You are responsible for all applicable taxes, duties, and governmental charges arising from the services, excluding taxes imposed on the income of CybearTrace Consulting Pty Ltd. If you are required by law to withhold or deduct any taxes from payments, you agree to gross up the payment so that CybearTrace Consulting Pty Ltd receives the full amount it would have received without such withholding.
CybearTrace Consulting Pty Ltd (ACN 694 732 664) processes personal information in accordance with applicable data protection and privacy laws, including the Australian Privacy Act 1988 (Cth) and, where applicable, the General Data Protection Regulation (GDPR) and other relevant international data protection laws.
We implement appropriate technical and organizational measures designed to protect personal information against unauthorized access, disclosure, alteration, or destruction.
Where you provide personal data to CybearTrace Consulting Pty Ltd in connection with the services, you represent and warrant that you have obtained all necessary consents, authorizations, and legal permissions required to collect and share such data.
All sales are final. Due to the nature of fraud recovery services, which involve immediate allocation of resources, initiation of investigations, and engagement with third-party entities upon commencement of a case, Cybear Trace maintains a strict no-cancellation and no-refund policy. By engaging our services and submitting payment, you acknowledge and agree that no cancellation, withdrawal, or refund request will be honored once the tracing process has begun. If you have questions about the scope of services before proceeding, we encourage you to discuss them with our team during your initial consultation.
These Terms shall remain in effect from the commencement of services and shall continue for the duration specified in the applicable agreement or Statement of Work.
Unless otherwise specified in writing, any recurring or support services shall automatically renew for successive one (1) year terms unless either party provides written notice of non-renewal at least sixty (60) days prior to the end of the then-current term.
Either party may terminate ongoing Support Services upon thirty (30) days’ written notice. Termination does not relieve you of the obligation to pay any fees accrued or payable up to the effective date of termination.
CybearTrace Consulting Pty Ltd (ACN 694 732 664) may suspend or terminate services immediately if you materially breach these Terms.
CybearTrace Consulting Pty Ltd (ACN 694 732 664) shall not be liable for any failure or delay in performing its obligations to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, changes in law or regulation, war, terrorism, labor disputes, cyberattacks, power outages, telecommunications or internet failures, or failures of third-party service providers.
Performance shall be suspended for the duration of the force majeure event. CybearTrace Consulting Pty Ltd will use reasonable efforts to mitigate the impact of such event and resume performance as soon as practicable.
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles.
Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
Nothing in these Terms shall be construed to create any partnership, joint venture, agency, fiduciary, employment, or other similar relationship between you and CybearTrace Consulting Pty Ltd (ACN 694 732 664).
Each party acts as an independent contractor and has no authority to bind or represent the other party unless expressly agreed in writing.
These Terms are drafted in the English language. In the event of any inconsistency between the English version and any translated version, the English version shall prevail.
All notices under these Terms must be in writing and delivered to CybearTrace Consulting Pty Ltd (ACN 694 732 664) or to you at the most recent contact details provided by the receiving party.
Notices may be delivered by personal delivery, recognized courier service, or email.
A notice shall be deemed received:
(a) if delivered personally, on the date of delivery;
(b) if sent by courier, on the date confirmed by the courier as delivered;
(c) if sent by email, on the date the email is sent, unless the sender receives an automated notification that delivery has failed.
These Terms and Conditions shall be interpreted as a whole. No provision shall be construed in isolation so as to alter the overall intent and structure of the agreement.
By accessing the website or engaging the services of CybearTrace Consulting Pty Ltd (ACN 694 732 664), you acknowledge that you have had the opportunity to review these Terms in full and agree to be bound by them in their entirety, regardless of whether you have read them in whole or in part.
New Zealand
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Australia
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Singapore
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Malaysia
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Hong Kong
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Hong Kong Police Force – Anti-Deception Coordination Centre (ADCC)
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South Korea
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Japan
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