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Terms and Conditions of Use

Last updated: 15th May 2024

FifthDomain avatar
Written by FifthDomain
Updated over a week ago

Our current Terms and Conditions are presented below. If you would like a copy of a previous version, please contact

Terms and Conditions

Effective Date: 15 May 2024 | To be reviewed: Quarterly

1.1 About Us

For the purposes of these Terms and Conditions of Use (“Terms”) the words “FifthDomain”, “we”, “our” and “us” refer to Fifth Domain Pty Ltd (ABN 92 606 251 585).

We manage and operate the website located at the domain name

1.2 Services

We have developed and manage an online training and learning Software as a Service

(SAAS) platform (“Software”) through which we offer a range of products, services and features through our Platform as detailed below:

  1. Cyber Competitions – Cyber security competitions see participants capture hidden data “flags” from other competitors or from the organisers. Our services include event management, dedicated support, and superior tech and reporting giving you tailored insights and reporting into their skills and approach.

  2. Skills Assessments – We conduct skills assessments across your candidate pool, giving you a ranked report of candidates’ suitability for your role, as well as individual insights reports into strengths and approaches to solving challenges.

  3. Trainings – we provide experiential training through our learning platform which includes skills assessments, great courseware and learner reporting.

  4. Assessments – Assessor offers hundreds of realistic cybersecurity challenges and tasks to put your cyber candidates and staff through their paces.

  5. Learning Labs – Our unique learning and training environments are available on-premises and remotely, meaning you choose what you want to teach and how. We have pre-made content for new students, through to advanced operators.

  6. Cyber National Assessment Program for Skills & Employment (CYNAPSE) – CYNAPSE is the development and creation of a national assessment platform to standardise the minimum capability criteria for security operations centre (SOC) employees.

  7. Content development, cyber event management, cyber event marketing and multimedia, cyber security HR consulting.

  8. Resources – this includes but is not limited to resources provided by us such as the Service Desk, Newsroom, Blogs and Podcasts.

The Website and the Software shall sometimes, hereinafter be collectively referred to as the “Platform”.

1.3 User Agreement:

  1. These Terms, together with the Privacy Policy (“Agreement”) govern your usage of the

    Platform and other associated services and should be read carefully by the Users of the Platform (“users”, “you”, “your”) prior to accessing or using the Services made

    available through the Platform. No other terms are implied by trade, custom, practice or course of dealing.

  2. By accessing the Platform, registering for, or using our Services, you acknowledge that

    you have read, understood, and agreed to these Terms. If you do not agree to these

    Terms, you should discontinue the use of the Platform and any Services provided by us immediately.

2. Definitions

2.1 In this Agreement, the following terms shall have the meanings ascribed to them below:

  • “Account” has the meaning ascribed to it in clause 4.1.

  • “Account Administrator” shall mean a user who is authorised by the Customer to act as the administrator for an Account and who shall have the authority to provide access to the Platform to Designated Users as determined by the Customer. Access to the Account Administrator shall be provided by Fifth Domain upon the completion of the requisite fees and payments.

  • “Customer” means an organisation or person who has entered into a Customer Agreement with FifthDomain under which FifthDomain has agreed to provide Services as set out in the relevant Customer Agreement. This includes enterprise customers and government customers.

  • “Customer Agreement” means the agreement entered into between the Customer and FifthDomain which sets out the terms and conditions under which FifthDomain will provide Services to the Customer.

  • “Designated User” means a User who is intended to have access to FifthDomain Content, Platform and Services as determined by the Customer. It also includes any of FifthDomain’s employees, agents and contractors to the extent that any such employees, agents or contractors are performing work pursuant to the Customer Agreement, or who are otherwise exercising powers conferred onto them by this Agreement.

  • “Platform” has the meaning ascribed to it in clause 1.2.

  • “Services” mean any services provided by FifthDomain to the User under this Agreement, including the Platform as detailed in clause 1.2.

  • “Terms” has the meaning ascribed to it in clause 1.1.

  • “User” shall include the user of the Platform including any end user who accepts the terms in this Agreement, whether in their individual capacity or as an employer, agent or authorised representative and includes any person who is granted access to the Platform and Services by FifthDomain or a Customer. This includes general users of the Platform, Customers and Designated Users.

  • “Website” has the meaning ascribed to it in clause 1.1.

3. Access and Use of the Services

  • 3.1 User Eligibility: You are not allowed to use the Platform and Services if you are under the age of 12. If you are between the ages of 13 to 15 (inclusive), you are not allowed to use the Platform and Service unless your parent or legal guardian consents to you using the Platform and Services. Both you and your parent or legal guardian are required to read this Agreement before you use the Platform and Service.

  • 3.2 Representation for Company Access: If you are accessing and using the Services on behalf of a company (such as your employer), government body/agency, educational or training institution, community club, recruiting agency or other legal entity, you represent and warrant that you possess the authority to legally bind that company or other legal entity to these Terms. In such instances, “you” and “your” will refer to that specific company or other legal entity. The terms “you”, “your”, “yourself” shall also include your employees, agents, representatives and any other individual who retain access to the Services through your Account. It is your responsibility to ensure the persons who has access to your Account are aware and comply with these Terms.

4. Registration and Account Opening

  • 4.1 To access the Services, you must create an account using a username and a password (“Account”). It’s important that you provide us with accurate, comprehensive and up-to-date information on the Account (“Information”) (including registration information) and promptly update this information as needed.

  • 4.2 Individual User Registration: You may be required include disclosing your personal information (i.e., any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains) to us.

  • 4.3 Entity User Registration: In order to create an Account, you must provide us with (including but not limited to) an email address, password, company name, ABN, company / entity address, contact name and contact number (as applicable). In such a registration, an Account may be assigned to you by an Account Administrator, such as your employer or other organisation. If you are using or logging into an Account assigned to you by an Account Administrator, additional terms may apply to your use of the Account. Moreover, your Account Administrator may be able to access or disable your account without our involvement.

5. Account Security

  • 5.1 While we strive to keep the Platform secure and free from bugs or viruses, we recommend that you use your own virus protection and software to enhance your security.

  • 5.2 To ensure functionality and continuity of use, FifthDomain shall:

    1. Provide the Account Administrator/User with necessary authorisations and technical support to effectively utilise the Platform and the accompanying Services;

    2. Maintain any backup strategies and redundancy to minimise downtime and data unavailability in ensuring the Platform is consistently available and functional in its optimal capacity, except for scheduled maintenance;

    3. Rectify and resolve any pre-existing coding errors and/or any unforeseen technical issues that may occur within the initial thirty (30) days post-registration, without any additional costs;

    4. Regularly update the Platform with necessary upgrades and enhancements, aiming to improve its functionality and usability for the User; and

    5. Take all necessary measures to ensure that its officers, employees, and contractors, who are authorised to access the Platform, comply with the terms and conditions of this Agreement at all times.

  • 5.3 FifthDomain shall not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the User acknowledges that the Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

  • 5.4 We do not warrant that the Platform will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Platform.

  • 5.5 FifthDomain shall provide any maintenance or support and assistance to a User in downloading and using the Platform on request, subject to additional charges.

  • 5.6 You must not (or attempt to):

    1. Interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our Platform or the servers or networks that host our Platform;

    2. Use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;

    3. Interfere (or attempt to interfere) with security-related or other features of our Platform; or

    4. Use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.

  • 5.7 We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have created an Account with us, you are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your account login information secure. Any unauthorised use of your Account must be notified to us immediately.

  • 5.8 You must not use another User’s Account without our and/or the other user’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).

  • 5.9 We reserve the right to investigate and take appropriate action against any user who violates this Agreement or engages in any illegal or improper use of the Platform, which may include suspending or terminating the User’s access and Account.

6. Account Suspension and Termination

6.1 Your Right to Terminate Your Account

You can terminate your Account at any time by emailing Terminating your Account will remove your access to our Services and Platform. If you terminate your Account, FifthDomain will deal with any personal information that it may store about you in accordance with the process outlined in our Privacy Policy.

6.2 Termination or Suspension by FifthDomain

  1. FifthDomain may immediately terminate or suspend your Account if we:

    1. Reasonably suspect that you have breached this Agreement or any other applicable law, rule or regulation;

    2. Are required to terminate or suspend your account to adhere to a legal obligation, court order or any other direction of a law enforcement agency; or

    3. Are required to terminate or suspend your account to adhere to a legal obligation, court order or any other direction of a law enforcement agency; or

    4. Reasonably believe that a failure to terminate or suspend your Account could expose FifthDomain, our affiliates, Users, or any other third party to any form of legal liability or to a risk of harm.

  2. If we terminate your account in accordance with Clause 6.2, any unpaid fees owed to FifthDomain will become immediately due and payable from the time of termination. If you have paid any fees in advance, these fees will be pro-rata based on the unused portion of the Services at the time of termination, and FifthDomain will refund this pro-rata amount to you.

6.3 Termination or Suspension due to Commercial Viability

FifthDomain may terminate or suspend your Account with one (1) week’s notice if we have reasonable basis to believe that it would not be commercially viable to continue offering you access to or use of the Platform and Services.

6.4 Notification of any Termination or Suspension

If we terminate or suspend your Account, we may provide you with notice that outlines why we decided to terminate or suspend your Account in accordance with this Agreement. However, we may not provide you with notice if we reasonably believe that providing you with notice would:

  1. Be contrary to FifthDomain’s or our Affiliate’s legal obligations, or would otherwise breach any applicable law or order made by a court or other legal enforcement agency;

  2. Expose FifthDomain, our Affiliates, any user, or any third party to a risk of harm.

6.5 Appealing a Termination or Suspension

You can appeal any decision made by FifthDomain to terminate or suspend your Account by sending an email to

7. Payment Terms

  • 7.1 In consideration of the provision of the Services by FifthDomain, the User agrees to make payments including all applicable GST or any equivalent tax as provided for in the invoice. The fees may comprise of a sign-up fee and a subscription fee depending on the User type and number.

  • 7.2 Upon receipt of a tax invoice for the payments by FifthDomain, the User shall settle the same within fourteen (14) days of receipt by way of electronic fund transfer to a bank account nominated in writing by FifthDomain from time to time.

  • 7.3 FifthDomain may offer you additional features or services as part of a paid subscription account, subject to additional terms and conditions as specified by FifthDomain.

  • 7.4 In the event the User fails to make payments in a timely manner as stipulated in this Agreement, the User shall be liable to pay a late payment penalty of 5% per week on the outstanding amount, accruing from the due date of payment until the outstanding balance is settled in full.

8. Content and Content Rights

  • 8.1 For purposes of these Terms “FifthDomain Content” means all products, data, text, images, software, works, materials, outputs, reports, insights and other information generated, stored or made available through the Platform by FifthDomain, its licensors or other content providers, including without limitation any data, information or materials generated, derived or created by FifthDomain as a result of processing, analysing, compiling, organising, reporting or otherwise dealing with User Content or other data inputs. This also includes documents (such as lab instructions and challenge resources), videos (whether offered in-platform or externally), audio or sound recordings, graphics or visual materials, labs, virtual machines, challenges, competitions, ranges, and brand materials (including trademarks, logos or other protected materials).

    User Content” means any data, text, images, works, materials or other information uploaded, provided or submitted by a User to be processed, analysed, compiled, organised, reported on or otherwise used as an input by the Platform, but excludes any FifthDomain Content. User Content remains the sole and exclusive property of the User(s) that contributed such User Content.

  • 8.2 Whilst your FifthDomain Account may allow you to create, upload and share User Content, you agree that you will not create, upload or otherwise share any User Content through the Platform that would constitute a breach of this Agreement and would be contrary to any applicable law, regulation or other rule.

  • 8.3 FifthDomain Content Ownership
    FifthDomain does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict your rights to use and exploit your User Content. Subject to the foregoing, FifthDomain and its authorised licensors exclusively own all rights, title and interest in the Platform, Services and FifthDomain Content, including all associated intellectual property rights (“IPR”). You acknowledge that the Platform and FifthDomain Content are protected by copyright, trademark, and other applicable laws of Australia and other foreign countries. You commit to refrain from removing, altering or obscuring any copyright, trademark, service mark, IPR or other proprietary rights embedded in or accompanying the Platform or FifthDomain Content.

  • 8.4 Removal of User Content:

    1. You can, at any time, request FifthDomain to remove your User Content from the Platform. Unless otherwise provided for in this Agreement, FifthDomain has no obligation to comply with your request.

    2. Following your request, where applicable, we will notify the Account Administrator about your request and will remove your User Content if the Account Administrator gives their consent for such User Content to be removed. If the Account Administrator does not consent to your User Content being removed, then FifthDomain and other Users reserve the right to continue to use such User Content in accordance with the licence that you granted under this Agreement, provided that such use is in compliance with applicable laws and regulations.

    3. To avoid doubt, nothing in this section restricts FifthDomain’s power to remove User Content under this Agreement. In specific instances, certain elements of your User Content such as posts, comments made by you, or images that you have provided which are integrated into the Services may not be entirely removed and copies of your User Content may continue to exist within the Platform. We bear no responsibility or liability for the removal or deletion of (or the failure to remove or delete) any of your User Content

    4. There are certain times when you must request to have your User Content removed. This includes when you no longer have the necessary rights to share your User Content through the Service, or you are otherwise required by this Agreement or any applicable law to have the User Content removed. You can make a request by emailing

  • 8.5 The User shall not post, upload, publish, submit or transmit any User Content that:

    1. Infringes, misappropriates or violates a third party’s IPR including, but not limited to, registered and unregistered patents, copyrights, trademarks, trade secrets, moral rights, rights of publicity, or privacy rights; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

    2. Is fraudulent, false, misleading or deceptive;

    3. Is defamatory, sexually explicit, obscene, pornographic, vulgar or offensive;

    4. Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

    5. Is violent or threatening or promotes violence or threatening actions to any person or entity; or

    6. Promotes illegal or harmful activities or substances.

9. Consequences of User Content Breach

  • 9.1 Your Obligations following a Breach:

    1. You agree to immediately request for any User Content that you have created, uploaded or otherwise shared through the Platform to be removed from the Platform if you suspect that it breaches this Agreement or any applicable laws, rules, or regulations, by notifying FifthDomain in writing and providing a detailed explanation of the suspected breach.

    2. Even if you make a request to have your User Content removed from the Service, FifthDomain maintains the right to exercise any powers conferred onto it by this Agreement to take action in response to a reasonably suspected breach.

    3. If you believe that another User or a third party might be violating this Policy or anything contained in our Terms and Conditions, you agree to notify us via an email at

  • 9.2 Our Powers to Respond to Breaches:

    1. FifthDomain may remove or modify your User Content from the Platform if we reasonably suspect that the User Content breaches this Agreement or any applicable law or if we believe it is otherwise inappropriate. We can also remove or modify your User Content if we reasonably suspect that your User Content may expose FifthDomain, our Affiliates, other Users or other third parties to harm, including but not limited to financial loss, reputational damage, or legal liability;

    2. We might take actions to remove or modify User Content in response to a complaint made by a User or third party, but we may also take such actions at our own initiative. We might also take action in anticipation of a suspected breach, based on reasonable evidence or indicators of potential non-compliance with this Agreement.

    3. In the event that we remove or modify your User Content, we may provide you with notice about the actions we took and why we took those actions. However, we might not provide you with notice in certain circumstances, including where we believe that providing notice would:

      1. Be contrary to FifthDomain’s or our Affiliates’ legal obligations, or would otherwise breach any applicable law or order made by a court or other law enforcement agency;

      2. Expose FifthDomain or our Affiliates to legal liability;

      3. Risk interfering with or otherwise undermining the proper operation of the Platform, or any other products offered by FifthDomain or our Affiliates; or

      4. Expose FifthDomain, our Affiliates, any user, or any third party to a risk of harm.

  • 9.3 Although we are not obligated to monitor access to or use of the Services or FifthDomain Content or to review or edit any FifthDomain Content, we retain the right to do so for the purpose of operating the Services, ensuring compliance with these Terms and adhering to applicable law or other legal requirements. We reserve the right, though not obligated, to remove or disable access to any FifthDomain Content, at any given time and without prior notice. This includes, but is not limited to, situations where we, at our sole discretion, deem any FifthDomain Content objectionable or in violation of these Terms. We retain the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

10. Licenses Granted for User Content

  • 10.1 Licences Granted by You

    1. By making any User Content available through the Platform you hereby grant to FifthDomain and other Users a non-exclusive, transferable, sublicensable, worldwide, royalty-free licence to use, copy, modify, create derivative works, distribute, publicly display and perform your User Content in connection with operating, providing and enhancing the Platform, Services and FifthDomain Content for both your benefit and other users.

    2. You also grant FifthDomain a non-exclusive, transferable, sublicensable, worldwide, royalty-free licence to use, copy, modify, create derivative works, distribute, publicly display and perform your User Content for the purpose of:

      1. Enabling FifthDomain, Users or any third party to meet their obligations under this Agreement or any other Customer Agreement; and

      2. Complying with any applicable legal obligation.

    3. The licence you grant pursuant to clause 10.1. 2 above will endure until one of the following events occurs (whichever is earlier):

      1. The end date specified on the Customer Agreement between FifthDomain and the Customer. In this situation, the licence you grant to FifthDomain will expire after a reasonable period of time, not being more than [30] days from the end date of the Customer Agreement so as to enable FifthDomain to remove your User Content from the Platform; or

      2. You have requested for your User Content to be removed, in accordance with the procedure outlined in clause 8.4 above, and the Customer has consented to that User Content being removed. In this situation, the licence you grant to FifthDomain will expire after a reasonable period of time, not being more than [30] days from the day that the Customer notifies FifthDomain that they consent to having such User Content removed, with this reasonable period giving FifthDomain sufficient time to remove your User Content from the Service.

  • 10.2 Your Responsibility for Licences and User Content

    • You bear sole responsibility for all your User Content. You represent and warrant that you own all your User Content or you hold all the requisite rights to grant us the licence rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by FifthDomain through the Services will infringe, misappropriate or violate IPR, rights of publicity or privacy of a third party, or result in a violation or breach of any applicable law or regulation.

  • 10. 3 Licences Granted by FifthDomain

    1. Subject to your compliance with these Terms and payment of all applicable fees, FifthDomain grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to download, view, copy and display the FifthDomain Content exclusively in connection with your permitted use of the Platform and strictly for your personal, non-commercial and internal business purposes.

    2. Subject to your compliance with these Terms and payment of all applicable fees, FifthDomain grants you a limited non-exclusive, non-transferable, non-sublicensable licence to utilise the Platform on a computer that you own or control and to run the Platform strictly for your own personal non-commercial purposes.

    3. The licences granted to you by FifthDomain is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement and shall be valid until the termination of your Account.

11. Modifications and Updates to the Platform

  • 11.1 FifthDomain reserves the right to modify, suspend or discontinue, temporarily or permanently, the Platform or any service to which it connects, with reasonable notice to you, such notice not being less than [30] days.

  • 11.2 FifthDomain may from time to time provide enhancements or improvements (“Updates”) to the features or functionality of the Platform, which may modify or delete certain features and/or functionalities of the Platform. You agree that FifthDomain has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Platform to you.

  • 11.3 You further agree that all Updates or any other modifications will be (i) deemed to constitute an integral part of the Platform, and (ii) subject to the terms and conditions of the Agreement.

  • 11.4 User Restrictions: Unless expressly permitted under these Terms, you are restricted from: (i) copying, modifying or creating derivative works (ii) distributing, transferring, sublicensing, leasing, lending or renting the Platform to any third party; (iii) reverse engineering, decompiling or disassembling the Platform; or (iv) making the functionality of the Platform available to multiple users through any means. FifthDomain retains all rights in and to the Platform that are not expressly granted to you under these Terms.

12. Intellectual Property

  • 12.1 All the material displayed on or available on our Platform and Services, including trademarks, service marks, logos, trade names, content, data, information, tables, reports, articles, tools, text, designs, graphics, layouts, names, email communications, and all the underlying source code and software, is owned or used under licence granted to us by our licensors, and is protected by copyright, trademark and other intellectual property laws of Australia and other foreign countries. You agree not to infringe any intellectual property rights owned by FifthDomain.

  • 12.2 All of our rights in this regard are reserved. You hereby agree to not to remove, alter or obscure any intellectual property or proprietary rights notices displayed or made available on our Platform or any of our Services.

13. General Prohibitions and FifthDomain's Enforcement Rights

  • 13.1 You agree not to engage in any of the following activities:

    1. Sell, lease, sublicence, assign or otherwise transfer your rights granted under this Agreement to access or use the Platform;

    2. Copy, modify, publish, sell, export, distribute, transfer or perform, or prepare derivative works of, reverse engineer, decompile or otherwise attempt to extract the source code or source data from the Platform used to provide the Services and FifthDomain Content except, and only to the extent, as permitted or required by law;

    3. Disclose, display or grant access to any part of the Service to any person or entity who has not been authorised to use the Service by FifthDomain, including, without limitation, any consultant or customer;

    4. Use or make the Platform and/or Services available on a service bureau or time-sharing basis;

    5. Use the Platform (or anything made accessible through the Platform) to create any service offering, computer software program, training materials or user documentation that is similar in function, appearance, or structure to the extent that an ordinary observer might confuse the two to the Platform or Services (or anything made accessible through the Platform);

    6. Use or facilitate use of the Platform and Service in any way that is harassing, harmful, obscene, threatening, libellous, or otherwise tortious, or for illegal, abusive or unethical activities (including violations of law or privacy, hacking or computer viruses). Exceptions may apply for use of the Platform for educational purposes or purposes that are otherwise in the public interest, as set out in clause 13.2.

    7. Use the Platform in any application or situation where failure of the Platform could lead to death or serious bodily injury of any person, or to severe physical or environmental damage;

    8. Forge headers, alter metadata, or otherwise manipulate identifiers in electronic or non-electronic communications in order to disguise your identity (or the identity of anyone else), or the origin of any message or other communication that you or any other user of the Platform sends to Fifth Domain in connection with the Service;

    9. Use the Platform to process or store classified data without the prior written permission of FifthDomain. If you introduce classified data into the Platform without FifthDomain’s prior written permission, you agree that you will be responsible for all sanitisation costs incurred by FifthDomain;

    10. Access, tamper with, or use non-public areas of the Platform or FifthDomain’s computer systems;

    11. Attempt to intentionally or unintentionally probe, scan or test the vulnerability of any FifthDomain system or network or breach any security or authentication measures;

    12. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by FifthDomain to protect the Services or FifthDomain Content;

    13. Attempt to access or search the Services or FifthDomain Content or download FifthDomain Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including, but not limited to, current and future technologies such as spiders, robots, crawlers, data mining tools) other than the Platform and/or search engines provided by FifthDomain or other generally available third-party web browsers;

    14. Use the Services or FifthDomain Content, or any portion thereof, for any commercial purpose, for the benefit of any third party or in any manner not permitted by these Terms;

    15. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by intentionally or unintentionally sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

    16. Collect or store any personal information from the Services from other users of the Services without their express permission;

    17. Impersonate or misrepresent your affiliation with any person or entity;

    18. Violate any applicable law or regulation; or

    19. Encourage or enable any other individual to do any of the aforementioned activities.

  • 13.2 Users may be allowed to engage in the following activities with a view to achieve an educational purpose or in the interest of the public:

    1. To upload programs into virtual machines that are designed to intentionally deceive others as part of an exercise, like naming a malicious program “System Security Bot”, or to upload content that threatens to harm another User as part of a Range exercise, with the threat of harm limited to the scope of the Range exercise, but only when these activities are conducted in a controlled environment and under FifthDomain's supervision;

    2. To upload materials that explain offensive cyber techniques as a means of providing context on how Users can protect themselves against such techniques;

    3. To share materials depicting war as part of a module that explains the role of cybersecurity in modern warfare. We might also allow Users to encourage other Users to engage in “simulated violence” against others as part of an exercise where any harmful consequences will be limited to the exercise.

  • 13.3 Notwithstanding the exceptions specified in clause 13.2 above, even though we might make exceptions for some content, FifthDomain still reserves the right to remove or modify any content that goes against this Agreement.

14. Privacy

  • 14.1 We comply with the Australian Privacy Principles and only collect personal information that you provide to us. Please refer to our Privacy Policy for information on how we collect, use and disclose your personal information. You acknowledge and agree to the condition that your use of the Services is subject to our Privacy Policy.

15. Termination and Survival

Upon termination of this Agreement as provided for in clause 6, you shall cease all use of the Platform and delete all copies of the Platform from your device or computer. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without any limitation, ownership provisions, warranties, disclaimers, limitations of liability, and dispute resolution provisions.

16. Warranties and Disclaimers

  • 16.1 The Platform, Services and FifthDomain Content are provided on an “as is” and “as available” basis, without warranty of any kind. Unless otherwise expressly stated in these Terms we explicitly disclaim any representations, warranties, or undertakings in relation to the Platform and Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. We do not guarantee that the Platform and Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

  • 16.2 We provide no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Platform; (ii) that the Platform will be uninterrupted or error-free; (iii) regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Platform, any Services, Products or FifthDomain Content; or (iv) that the Platform and any activity relating to the Platform are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

17. Indemnity

  • 17.1 You hereby agree to fully indemnify and hold harmless FifthDomain and our directors, officers, employees and agents from and against any claim brought by a third party resulting from the use of the Platform and Services in respect of all losses, costs, actions, proceedings, claims, damages, expenses, including legal costs and expenses or liabilities whatsoever, suffered or incurred directly or indirectly by FifthDomain in consequence of such use of the Platform or use or purchase of Services or your breach or non-observance of these Terms and the Agreement.

  • 17.2 You shall defend and pay all costs, damages, awards fees, including legal fees and judgments awarded against FifthDomain arising from or out of the above claims, and shall provide us with notice of such claims, and reasonable assistance necessary to defend such claims at your sole expense.

18. Our Liability

  • 18.1 To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Platform including, but not limited to, loss or damage you might suffer as a result of:

    1. Personal injury or property damage of any nature resulting from your access to or use of the Platform;

    2. Any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

    3. Loss of data or other information due to a data or privacy breach;

    4. Any interruption or cessation of transmission to or from the Platform due to the fault of the User;

    5. Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Platform by any third party; and/or

  • 18.2 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Platform or any linked website or featured in any banner or other advertising.

  • 18.3 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

  • 18.4 Except as required by law, in no event shall we be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Platform or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we have no responsibility for the legality of your actions.

  • 18.5 Notwithstanding anything to the contrary in this Agreement or elsewhere, FifthDomain’s total liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the greater of:

    1. The total amount of all fees paid to FifthDomain under this Agreement during the 12 months period immediately preceding the event giving rise to the liability; or

    2. $200 AUD.

19. Dispute Resolution

  • 19.1 In the event of any dispute arising between the parties in connection with this Agreement (“Dispute”), the parties agree to submit the Dispute to mediation. A party claiming that a Dispute has arisen must notify the other party in writing giving details of the Dispute (“Notification”) setting out a full description of the matters in Dispute. On receipt of Notification the parties must negotiate in good faith to resolve the Dispute within [30] days of initiating mediation. The number of mediators shall be one and the seat of mediation shall be Australian Capital Territory, Australia.

  • 19.2 The mediation will be conducted in accordance with the mediation guidelines produced by the Law Council of Australia and the Australian Disputes Centre.

  • 19.3 Upon failure to resolve the Dispute through mediation within [30] days (or longer period agreed between the parties) either party may commence court proceedings in accordance with clause 23.6.

  • 19.4 Nothing in this clause prevents a party from seeking urgent interlocutory or injunctive relief before courts of competent jurisdiction in the Australian Capital Territory.

20. Events Outside Our Control

  • 20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).

  • 20.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Agreement:

    1. We will contact you as soon as reasonably possible to notify you; and

    2. Our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

21. Communications between Us

When we refer to “in writing” in these Terms, this includes email and any notice given under or in connection with the Agreement must be in writing.

22. Complaints Policy and Enforcement Action

  • 22.1 FifthDomain is committed to providing safe, welcoming and respectful learning environments. You can submit a complaint if you believe that someone might have violated these Terms, including any intellectual property rights, by emailing

  • 22.2 When submitting a complaint, you are required to provide your contact details, a description of the violation, any evidence concerning the occurrence of the violation, particular details of where on the Platform the content is located, violator's details (if known), and desired resolution. Additionally, if the complaint is regarding an intellectual property right violation, provide us with details on the owner of the intellectual property right and evidence of the same.

  • 22.3 By submitting a complaint, you agree that:

    1. You believe in good faith that what you are complaining about is a violation of these Terms, and if it’s an intellectual property rights violation, that the use of the content you are complaining about is not authorised by the copyright owner, their agents or the law, and

    2. The information you provide is accurate and complete.

  • 22.4 Intentional abuse of this complaint tool (such as making a request for the purpose of harassing another person) may result in your removal from the Platform.

  • 22.5 A takedown notice as per Copyright Regulations in Australia can be sent to FifthDomain’s designated agent using the contact information below:
    Director of Customer Delivery

    Fifth Domain Pty Ltd

    Ground Floor

    216 Northbourne Avenue

    Braddon, ACT Australia 2600

  • 22.6 Our designated agent can also be contacted by emailing

  • 22.7 FifthDomain reserves the right to take appropriate actions against violations, which may include content modification, user warnings, account suspension or deletion, legal action, or other measures as allowed by law and these Terms. Users are informed of actions taken and can appeal decisions by emailing, providing evidence and reasons for the appeal. Content removal for intellectual property rights infringement will be communicated, and users can contest removals. Strikes may be recorded for infringements, leading to account termination after three strikes within 90 days, subject to appeal and evidence contestation.

23. General

  • 23.1 Assignment and transfer.

    1. We may assign or transfer our rights and obligations under the Agreement to another entity but we will always notify you by posting on this Website if this happens.

    2. You must not assign or transfer your rights or your obligations under the Agreement to any third party.

  • 23.2 Variations and Modifications: We reserve the right to amend, modify, add to or delete any of these Terms from time to time, and such modifications shall be effective immediately upon posting of the modified terms on the Platform. Use of the Services or Platform after changes to these Terms will constitute your acceptance of such revised terms.

  • 23.3 Waiver: If we do not insist that you perform any of your obligations under the Agreement, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

  • 23.4 Severance: Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

  • 23.5 Third party rights: The Agreement is between you and us. No other person has any rights to enforce any of its terms.

  • 23.6 Governing law and jurisdiction: This Agreement is governed and construed in accordance with the laws of Australian Capital Territory, Australia and you hereby submit to the exclusive jurisdictions of the courts of Australian Capital Territory, Australia.

  • 23.7 Contact Information. If you have any questions about these Terms or the Services, please contact FifthDomain:

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