Terms and Conditions
These terms and conditions (the "Agreement") outline the rules and regulations for the use of Genosec's Website, including without limitation www.genosec.com and any subdomains (collectively "Website"). These terms and conditions also govern the purchase and use of Genosec's Offerings by the Customer listed on the Order or Statement of Work that incorporates this Agreement. Please read these Terms and Condition (collectively with Genosc’s Privacy Policy located at (https://www.genosec.com/legal-docs/privacy-policy/, and, the “Terms and Conditions”) fully and carefully before using www.genosec.com (the “Site”) and the services, features, content or applications offered by Genosec. (“Genosec”, “we”, “us” or “our”) (together with the Site, the “Services”).
Definitions
The following capitalized terms are used in the Terms and have the meanings defined below.
- 1.1 Genosec: means Genosec Limited, a Jordanian corprate with its principal place of business at Al Al Madinah Al Munawara St. Amman, Hashemite Kingdom of Jordan, Genosec, a company incorporated under the laws of Jordan.
- 1.2 Genosec Website: means www.genosec.com, and other websites owned by Genosec on which these terms and conditions appear, and subdomains of those sites and content provided through them
- 1.3 Deliverables: means any written reports that are created specifically for Customer as a result of the Professional Services provided hereunder.
- 1.4 Documentation: means any user manuals generally provided in writing by Genosec to end users of the solutions in electronic format, as amended from time to time by Genosec.
- 1.5 Materials: means all Genosec proprietary materials, Deliverables, offering related to Solutions or Services, Documentation, any hardware and/or software used by Genosec in performing services or providing solutions, Genosec's processes and methods, materials distributed by Genosec during Training such as internal labs, and any Genosec templates and/or forms, including report, presentation templates and forms.
- 1.6 Intellectual Property Rights: means copyrights (including, without limitation, reproduce, modify, distribute, publicly display and publicly perform the copyrighted work), trademark rights (including, without limitation, trade names, trademarks, and service marks), trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights and similar rights existing anywhere in the world at any time.
- 1.7 Offerings: means, collectively, Solutions, Training, Professional Services and Support Services offered by Genosec.
- 1.8 Order: means a written purchase order or similar ordering document or purchasing procedures, signed or submitted to Genosec or its authorized reseller by Customer and approved by Genosec, under which Customer agrees to purchase Offerings.
- 1.9 Payment Method: means a valid credit or debit card(s) or other means of payment that Genosec accept.
- 1.10 Professional Services: means, collectively, those Information Technologies services and security consulting services provided by Genosec under a Statement of Work and/or set forth on an Order, which may consist of services such as deployment, configuration or installation services; proactive security consulting such as penetration testing, vulnerability assessments or Advanced Red Team Exercising; or incident response or other services provided by Genosec.
- 1.11 Service or Services: means any Professional Services, Support Services and Training services provided by Genosec.
- 1.12 Solution or Solutions: means a service provided by Genosec for a fixed term, under which Genosec provides access to certain features, functionality, and/or information, as described in the applicable Schedule for each Solution attached to this Agreement.
- 1.13 Support Services: means the Solution support and maintenance services provided by Genosec with respect to each Solution, as described in the applicable Schedule for each Solution.
- 1.14 Third Party Materials: means software or other components that are licensed to Genosec by third parties for use in Genosec’s Offerings.
- 1.15 Training: means training in the use of Solutions, or on security-related topics in general, provided by Genosec.
- 1.16 Training Materials: means video recordings, lab contents, pdf books, data, documents, graphics, tools, dashboards, software, code, scripts, other materials and associated media provided by Genosec.
- 1.17 Customer: Customer means a person or entity buying Product.
- 1.18 Student: means an individual registered with us to use a paid Product.
- 1.19 We, Our, Us: means Genosec Limited. or one of its Affiliates
- 1.120 You, Your: means Customer, Product user and/or Site visitor depending on the context.
Accepting the Terms
The Terms create a legally binding agreement between you and us and apply every time you buy or use Products, Materials or Site. If you click online to indicate your acceptance of the Terms, make payment based on an Order that references the Terms, or continue to use Products or Site, you have agreed to the Terms.
We do not accept any other terms or conditions that you attempt to impose on us including those associated with any purchase order you issue. Such other terms and conditions will not apply to your Order.
You must ensure that any of your Affiliates or Customers Users that access Products you have bought from us comply with the Terms.
Website Access
We reserve the right to terminate or modify the Website including any of its content, in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
The Website in its entirety is owned by Genosec and is protected by international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the Website only for legitimate business purposes related to your role as a current or prospective customer, partner, supplier or distributor of Genosec. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Website content without Genosec’s express prior written consent or except as expressly provided in these terms and conditions. No rights are granted to you with respect to any content, including User Content other than the limited, personal, non‑exclusive license to reproduce content as necessary to display the content on a machine that you use to interact with the Website.
To access portions of the Website or certain resources, you may be asked to provide certain registration details or other information. If you choose, or you are provided with, a user name, password or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible to us for all activities identified with your account. You agree to immediately notify Genosec of any unauthorized use of your user name or password or any other breach of security. Genosec has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these terms and conditions.
Orders and Statements of Work
1. Order: Customer may purchase Offerings by submitting an Order. If accepted by Genosec, the "Order Effective Date" will be the date of the Order. All Orders will be governed by this Agreement. For clarity, Genosec will not be obligated toprovide any Services or Training or any Solution until Customer has issued a valid Order for those Offerings. Orders for Offerings will be invoiced by the relevant Genosec entity as described above, regardless of the entity that issued the quote or the entity to whom an Order is addressed.
2. Statements of Work: Each Statement of Work will incorporate and be governed by this Agreement. The "Statement of Work Effective Date" will be the date both Customer and Genosec have agreed to the Statement of Work, either by executing the Statement of Work or by issuing and accepting an Order for the Professional Services described on the Statement of Work. For clarity, Genosec will not be obligated to perform any Professional Services until a Statement of Work describing those Professional Services has been agreed by both parties or an Order listing those Professional Services has been accepted by Genosec.
Fees and Payment
1. Fees and Expenses: Customer agrees to purchase the Offerings for the prices set forth in each Order and/or Statement of Work, as applicable ("Fees"). If Customer purchases through a Genosec partner (such as an authorized reseller or distributor, collectively, "Genosec Partners"), all fees and other procurement and delivery terms shall be agreed between Customer and the applicable Genosec Partner. Customer shall reimburse Genosec for all expenses incurred so long as such expenses are directly attributable to the Services or Solutions performed for or provided to Customer. Genosec will provide appropriate vouching documentation for all expenses.
2. Payment: if Customer purchases directly from Genosec, Customer will make full payment in the currency specified in Genosec’s invoice, without set-off and in immediately available funds, within fiften (15) days of the date of each invoice. All Fees are non-cancelable and non-refundable. All Fees described on an Order or in a Statement of Work will be fully invoiced in advance, unless otherwise agreed by Genosec. Any partial fulfillment or activation by Genosec may be invoiced or delivered individually. If any payment is more than fifteen (15) days late, Genosec may, without limiting any remedies available to Genosec, terminate the applicable Order or Statement of Work or suspend performance until payment is made current, and all payments then due will accelerate and become immediately due and payable. Customer will pay interest on all delinquent amounts at the lesser of 1.5% per month or the maximum rate permitted by applicable law.
3. Taxes: All Fees are exclusive of all present and future sales, use, excise, value added, goods and services, withholding and other taxes, and all customs duties and tariffs now or hereafter claimed or imposed by any governmental authority upon the Offerings which shall be invoiced to and paid by the Customer.
If Customer is required by law to make any deduction or withholding on any payments due to Genosec, Customer will notify Genosec and will pay Genosec any additional amounts necessary to ensure that the net amount Genosec receives, after any deduction or withholding, equals the amount Genosec would have received if no deduction or withholding had been required. Additionally, Customer will provide to Genosec evidence, to the reasonable satisfaction of Genosec, showing that the withheld or deducted amounts have been paid to the relevant governmental authority.
For purposes of calculating sales and similar taxes, Genosec will use the address set forth on the Order or Statement of Work, as applicable, as the jurisdiction to which Offerings and shipments are delivered unless Customer has otherwise notified Genosec in writing as of the Order Effective Date or Statement of Work Effective Date, as applicable. Customer will provide tax exemption certificates or direct-pay letters to Genosec on or before the Order Effective Date or Statement of Work Effective Date, as applicable.
4. Increases: Genosec reserves the right to increase Fees at any time, although increases in Fees for Solutions or Support Services will not go into effect until the next Renewal Subscription Term or Renewal Support Term, as applicable.
Services and Solutions Warranties
Genosec warrants to Customer that Services will be performed and Solutions will be provided in a professional manner in accordance with industry standards for like services and solutions, respectively.
If Customer believes the warranty stated in this Section has been breached, Customer must notify Genosec of the breach no later than thirty days following the date of the breach, and Genosec will promptly correct the affected Solution or re-perform the Services, at Genosec’s expense. The warranties stated in this Section shall not apply if the Offering has:
- been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by Genosec.
- been repaired or altered by persons other than Genosec.
- not been installed, operated, repaired and maintained in accordance with the Documentation.
- been used with any third party software or hardware which has not been previously approved in writing by Genosec.
Genosec warrants to Customer the solution will be provided in a professional manner in accordance with industry standards. If Customer believes the warranty stated in this Section has been breached, Customer must notify Genosec of the breach no later than thirty days following the date the warranty was allegedly breached, and Genosec will promptly correct the non-conformity, at Genosec’s expense.
Except for the express warranties set forth herein, all solutions, Genosec materials, deliverables and services are provided on an "as is" basis without any warranty whatsoever. Genosec and its suppliers expressly disclaim, to the maximum extent permissible under applicable law, all warranties, express, implied and statutory, including without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy, non-infringement, or arising from course of performance, dealing, usage or trade. Genosec also makes no warranty regarding non-interruption of use or freedom from bugs, and makes no warranty that solutions, Genosec materials, deliverables, services or subscriptions will be error-free.
Limitation of Liability
Except to the extent that a disclaimer of liability is prohibited under applicable law, in no event will Genosec, and its affiliates, employees, agents, officers and directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your submission of user content, or your use, or inability to use, the website or materials made available through the website, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, and even if Genosec has been advised of the possibility of such damages. Further, you will indemnify, defend and hold harmless Genosec and its affiliates, and their respective directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees) arising from or related to any user content you submit.
The limitations and exclusions contained herein will apply only to the maximum extent permissible under applicable law, and nothing herein purports to limit either party’s liability in a manner that would be unenforceable or void as against public policy in the applicable jurisdiction.
We have no liability to you if you are a Site visitor or user of our free Services / Products only.
Training Courses
In addition to the General Terms Applicable to all Offerings, which govern this section, the following terms govern the Genosec Training programs.
1. Program Requirements:
Individuals may purchase individual Training courses as part of the Genosec Training and programs. Individuals must abide by Genosec Training program guidelines and policies at all times, including the terms and conditions set forth in this Agreement.
2. Registering with us:
When you register with us to use any of Genosec Training you:
- Must be 18 years old or over
- Are subject to our standard Product user registration requirements
- Must provide accurate and complete information and then keep it up to date.
3. Using Products:
You must make sure you have the knowledge, expertise, equipment and facilities needed to use Products (as posted on Site from time to time), Products are suitable for your purpose.
You must start using a Product within any specific time period we specify and we are under no obligation to extend that period.
In relation to Products, Materials and Site, you must not:
- remove or hide proprietary notices
- remove or hide Personal Data we use to identify you as Product user
- perform any attack, scan, test, probe or penetration other than as specifically permitted by us in our courses
To ensure you comply with the Terms, we will routinely monitor your activity while you are using our Products
4. Keeping Products Secure
Access to Products and Materials is subject to password and other security credentials we provide. We can change such passwords and other security credentials on notice. They must not be shared. You must:
- (a) Put in place appropriate security measures to prevent unauthorized access to or disclosure of Products or Materials. Those measures must be consistent with standards reasonably expected of an information security professional.
- (b) Promptly cure and inform us about any unauthorized access or disclosure of Products or Materials when you become aware.
5. Paying for Products:
You must pay the Price on the billing date and at the billing frequency mentioned in your Order.
We will charge you the Price on (a) each renewal of your subscription period or (b) at the billing frequency stated in your Order (if different) when you buy Products on a subscription basis.
You must tell us of any dispute over the Price within 15 days of the date of our invoice or your last billing date. Overdue amounts will incur interest at a rate of 1.5% per month or the maximum rate permitted by law (whichever is less) except for amounts disputed in good faith.
The Price excludes applicable taxes. If you must deduct withholding tax from the Price, you must pay us an amount that ensures our net receipt is the same as it would have been were the payment not subject to such withholding.
6. Making Changes
We constantly improve our Products to deliver a better experience or better value to our Customers. We reserve the right to change a Product at any time (including changing specifications, delivery media or platform or removing third party owned content).
Accuracy of Information
It is your responsibility to ensure that all information that you provide through the Website is accurate, complete and up-to-date, including information required to open a user account, payment information (credit card), contact information and all transaction information. You will be solely responsible for any and all loss, damage, cost or expense that you or any other person may incur as a result of the provision of false, incorrect, misleading or incomplete information by you.
Personal Information
The personal information you provide to Us in the course of ordering via Our online checkout process will be used and processed in accordance with Our Privacy Policy. By agreeing to these Terms and Conditions, you are agreeing to the collection of personal information through the Website in accordance with these Terms and Conditions and Genosec Privacy Policy available at https://www.genosec.com/legal-docs/privacy-policy/. Genosec collects uses and discloses personal information about its customers in accordance with the terms of its Privacy Policy, which Genosec may amend or change without notice to you at any time at its discretion. By accepting these Terms and Conditions, and each time you use the Website, you consent to the collection, use and disclosure of your personal information on the terms set out in Samsung’s Privacy Policy.
Confidential Information
1. Confidential Information
Confidential Information, means the non-public information that is exchanged between the parties, provided that such information is:
- identified as confidential at the time of disclosure by the disclosing party (“Discloser”).
- disclosed under circumstances that would indicate to a reasonable person that the information should be treated as confidential by the party receiving such information (“Recipient”).
The terms of any commercial transaction between the parties (including pricing related to the Offerings) shall be considered Confidential Information.
Sharing or publishing training Materials provided by Genosec is also a breach of our Policy.
2. Maintenance of Confidentiality
Each party agrees that it shall:
- take reasonable measures to protect the Confidential Information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as the Recipient uses to protect its own confidential information of a like nature.
- limit disclosure to those persons within Recipient’s organization with a need to know and who have previously agreed in writing, prior to receipt of Confidential Information either as a condition of their employment or in order to obtain the Confidential Information, to obligations similar to the provisions hereof.
- not copy, reverse engineer, disassemble, create any works from, or decompile any prototypes, software or other tangible objects which embody the other party's Confidential Information and/or which are provided to the party hereunder.
- Confidential Information shall not be used or reproduced in any form except as required to accomplish the purposes and intent of an Order or Statement of Work. Any reproduction of Confidential Information shall be the property of Discloser and shall contain all notices of confidentiality contained on the original Confidential Information.
3. Return of Confidential Information
Within thirty (30) days after the date when all Orders and SOWs have expired or been terminated, or after any request for return of Confidential Information, each party will return to the other party or destroy all of such other party’s Confidential Information, in accordance with its own standard procedures and policies, and, upon request, provide such other party with an officer’s certificate attesting to such return and/or destruction, as appropriate. Notwithstanding the foregoing, each party may retain additional copies of, or computer records or files containing, the Confidential Information of the other party that have been created by that party’s electronic archiving and back-up procedures, to the extent created and retained in a manner consistent with the Receiving Party's standard procedures.
You and your Affiliates must promptly return, delete or destroy at our discretion our Confidential Information if your right to use Product terminates or when asked by us at any time. You can keep copies to the extent required by law and those copies will remain our Confidential Information.
Disclaimer of Warranties
As between you and Genosec, your use of the website is at your own risk. The website is provided to you by Genosec on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Genosec nor any person associated with Genosec makes any warranty or representation with respect to the completeness, security, reliability, quality, suitability, accuracy or availability of the website. Without limiting the foregoing, neither Genosec nor anyone associated with Genosec represents or warrants that the website, including the website content or any products, services or materials obtained through the website, will be accurate, reliable, error free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Genosec cannot and does not promise or warrant that any aspect of the Website is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. Genosec will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any material posted on it, or on any website linked to it.
Miscellaneous Terms
1. Assignment: These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
2. Force Majeure: Neither party will be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.
3. Notices: Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected].
4. Dispute Resolution: The Terms and disputes or claims about the Terms will be governed by the law of the Hashemite Kingdom of Jordan. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts in Amman
5. Entire Agreement: The Terms contain the entire understanding between you and us about Site, Product, Materials and Services supersede all prior agreements or understandings, verbal or written. Each of us agrees that it has not relied on, and neither of us has any liability for, any representations not expressed in the Terms.
6. No Waiver: Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
7. Changes: We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes apply prospectively only. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
