These Terms and Conditions of Use ("Terms") govern your access to and use of the 5D.PRO platform, hosted environments, assessments, competitions, learning labs, content and related services made available by FIFTH DOMAIN Pty Ltd (ABN 92 606 251 585) ("FIFTH DOMAIN", "we", "us" or "our").
By accessing or using the Platform, creating an Account, participating in any competition, assessment, training activity or lab, or otherwise using any part of the Services, You agree to these Terms.
If You do not agree to these Terms, You must not access or use the Platform or Services.
1. About Us
1.1 For the purposes of these Terms, “FIFTH DOMAIN”, “we”, “our” and “us” refer to FIFTH DOMAIN Pty Ltd (ABN 92 606 251 585).
1.2 We manage and operate the website located at https://www.fifthdomain.pro/ and the 5D.PRO software platform.
1.3 Through 5D.PRO, we provide and support a range of products, services and features, which may include:
cyber competitions and events;
skills assessments;
experiential training and courseware;
candidate and workforce assessments;
learning labs, ranges and virtual environments;
reports, analytics and insights;
content development, event management and related support services; and
resources such as service desk materials, blogs, podcasts, newsroom content and other supporting materials.
1.4 In these Terms, the website, software platform and related services are together referred to as the Platform or Services, as applicable.
2. User Agreement
2.1 These Terms, together with the Privacy Policy and any other policies or rules expressly referred to on the Platform, govern Your use of the Platform and Services and should be read carefully by the Users of the Platform ("Users, "You" or "Your").
2.2 These Terms apply whether You access the Platform:
as an individual User;
through an Account created for You by your employer, school, training provider, recruiter or another organisation; or
as an Account Administrator managing access for other Users.
2.3 If Your access is provided through an organisation, that organisation may control or manage parts of Your Account, including granting, changing or removing Your access.
2.4 By using the Platform, You confirm that you have read and understood these Terms and agree to be bound by them.
3. Definitions
In these Terms:
Account means an account created by You, for You, or assigned to You, to access or use some or all of the Platform.
Account Administrator means a User who is authorised by an employer, school, training provider, recruiter or other organisation to act as the administrator for an Account and to manage access to the Platform for other Users on behalf of that organisation.
Customer means an organisation or person that has engaged FIFTH DOMAIN to provide access to, or use of, the Platform or Services, including an employer, government body, educational institution, training provider, recruiter, community organisation or other entity.
Customer Agreement means any separate agreement, order, proposal, subscription arrangement or other written arrangement between FIFTH DOMAIN and a Customer relating to access to or use of the Platform or Services.
FIFTH DOMAIN Content means the Platform and all content, materials and outputs made available by or on behalf of FIFTH DOMAIN through the Platform, including software, text, graphics, images, audio, video, virtual machines, labs, simulations, challenge materials, reports, analytics, insights, branding, designs and supporting materials.
IPR means intellectual property rights, including copyright, trade mark rights, patent rights, design rights, trade secrets, moral rights and other proprietary rights, whether registered or unregistered.
Platform means the 5D.PRO website, software platform, hosted environments, assessments, competitions, learning labs, content and related services made available by FIFTH DOMAIN.
Privacy Policy means our privacy policy, as updated from time to time.
Services means the products, services, features, activities, content and functionality made available through the Platform.
Terms means these Terms and Conditions of Use.
User means any person who accesses or uses the Platform, whether in their own capacity or through a Customer, and includes an individual user and an Account Administrator.
User Content means any files, submissions, answers, comments, responses, text, images, data or other materials that you create, upload, submit, post, transmit or otherwise make available through the Platform, excluding FIFTH DOMAIN Content.
4. Eligibility and Access
4.1 You must not use the Platform if You are not legally able to enter into a binding agreement.
4.2 If You are under 18 years of age, You may only use the Platform where your parent, legal guardian, school, training provider, employer or other authorised organisation has approved Your access and any required permissions, notices or consents have been obtained.
4.3 If You are using the Platform on behalf of a company, government body, educational institution, training provider, recruiting agency, community organisation or other entity, You represent that you have authority to act on behalf of that entity in relation to Your use of the Platform.
4.4 You are responsible for making sure that Your use of the Platform complies with any laws or regulations that apply to You.
5. Registration and Accounts
5.1 To access some Services, You may need to create an account or have an account created for you.
5.2 You must provide accurate, complete and up-to-date information when registering for or using Your Account and promptly update Your details if they change.
5.3 You are responsible for keeping your Account credentials secure and confidential.
5.4 You must notify us immediately at support@fifthdomain.pro if:
You suspect any unauthorised use of Your Account;
Your password or login credentials are no longer secure; or
You become aware of any security incident relating to your Account.
5.5 You must not use another User’s Account without permission.
5.6 If Your Account is assigned or managed by an employer, school, training provider or another organisation, that organisation or its Account Administrator may be able to access, manage, suspend, reset or remove your Account.
6. Account Security and Platform Use
6.1 While We take reasonable steps to maintain the security and functionality of the Platform, You should use appropriate security protections on Your own devices and systems.
6.2 We may carry out maintenance, upgrades, bug fixes, updates, security changes and improvements to the Platform from time to time.
6.3 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.
6.4 We 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.
6.5 Where support, maintenance or service levels are expressly set out in an applicable Customer Agreement or statement of work, those commitments will apply to the relevant Services.
6.6 You must not, and must not attempt to:
interfere with or disrupt the Platform or the servers and networks connected to it;
bypass, disable or interfere with security-related features of the Platform;
use bots, scrapers, data mining tools or similar automated means to access or extract content from the Platform unless expressly authorised by us;
copy, reproduce, distribute or use content from the Platform except as permitted by these Terms or by law; or
access non-public areas of the Platform or related systems without authorisation.
6.7 If You 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 where possible.
6.8 We may investigate suspected misuse of the Platform and may take action We consider reasonably necessary, including referring unlawful, fraudulent or abusive activity to relevant authorities.
7. Suspension, Restriction and Termination of Access
7.1 You may stop using the Platform at any time.
7.2 If You want your Account to be closed, you may request closure by emailing support@fifthdomain.pro.
7.3 We may suspend, restrict or terminate Your Account if we reasonably believe that:
You have seriously or repeatedly breached these Terms;
Your use of the Platform creates a legal, safety or security risk;
We are required to do so by law, court order or regulatory direction; or
it is necessary to protect the Platform, Our affiliates, Our Users, Our personnel or any other third party.
7.4 If We suspend or terminate Your Account under clause 7.3, We will provide notice where reasonably practicable. We may withhold notice where We reasonably believe that giving notice would be unlawful or would expose the Platform, Our Users, Our personnel or any third party to a risk of harm.
7.5 If We terminate Your Account under clause 7.3, any unpaid fees already due and payable for Services You have purchased directly from Us will remain payable. If You have paid fees in advance for Services purchased directly from Us and We terminate Your Account for reasons other than Your breach of these Terms, We will refund a pro rata amount for the unused portion of those prepaid Services.
7.6 We may discontinue or withdraw a Service, or Your access to a Service, on reasonable notice where it is no longer reasonably practicable for us to continue to offer that Service for legal, security, operational or commercial reasons.
7.7 You may appeal a decision made by FIFTH DOMAIN to suspend or terminate Your Account by emailing support@fifthdomain.pro.
7.8 We will handle personal information associated with a closed, suspended or terminated Account in accordance with our Privacy Policy and any applicable legal retention obligations.
8. Payment Terms
8.1 Some Services may be made available for a fee, whether charged to You directly or to the organisation providing Your access.
8.2 If You purchase a paid Service directly from Us, You agree to pay the applicable fees, charges, taxes and other amounts specified at the time of purchase or invoicing.
8.3 Unless otherwise stated, invoices are payable within 14 days of issue.
8.4 We may suspend access to paid Services for non-payment where payment remains overdue after notice has been given.
8.5 Additional terms may apply to certain paid Services, subscriptions, competitions or programs, and those terms will apply in addition to these Terms.
9. FIFTH DOMAIN Content and Intellectual Property
9.1 FIFTH DOMAIN Content is owned by Us or our licensors and is protected by copyright, trade mark and other IPR.
9.2 Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, non-transferable, revocable right to access and use the Platform and FIFTH DOMAIN Content for Your personal learning, training, assessment or authorised internal business purposes.
9.3 You must not remove, alter or obscure any copyright, trade mark or other proprietary notices appearing on the Platform or in any FIFTH DOMAIN Content.
9.4 Except as expressly permitted by Us in writing or by law, You must not reproduce, publish, adapt, distribute, sell, sublicense, commercially exploit or otherwise use FIFTH DOMAIN Content outside Your permitted use of the Platform.
10. User Content
10.1 You retain ownership of Your User Content.
10.2 By making User Content available through the Platform, You grant FIFTH DOMAIN a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, adapt, analyse, display and use that User Content to the extent reasonably necessary to:
provide, operate and improve the Platform;
administer competitions, labs, assessments, training and reporting;
generate results, reports, analytics and insights;
maintain security and investigate misuse; and
comply with legal obligations.
10.3 If Your access is provided through an organisation, that organisation and its authorised Account Administrators may also be able to access and use certain User Content, submissions, participation data, progress information and results as part of the Services provided to them.
10.4 You must only post, upload, publish, submit or transmit User Content that:
You have the right to upload or share;
does not infringe another person’s rights;
does not infringe, misappropriate or violate a third party’s IPR or privacy rights, and does not violate or encourage conduct that would violate any applicable law or give rise to civil liability;
is not unlawful, misleading, deceptive or fraudulent;
is not defamatory, sexually explicit, obscene, pornographic, vulgar or offensive, except where content is clearly part of an authorised and controlled training exercise;
does not promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is not violent or threatening and does not promote violence or threatening actions to any person or entity;
does not promote illegal or harmful activities or substances; and
does not contain malicious or harmful code except where expressly permitted within a supervised Platform exercise.
10.5 You must not create, upload or otherwise share any User Content through the Platform that would breach these Terms or any applicable law, regulation or rule.
10.6 You may request that FIFTH DOMAIN remove Your User Content from the Platform by emailing support@fifthdomain.pro. Unless otherwise required by law or expressly stated in these Terms, FIFTH DOMAIN is not obliged to comply with every removal request.
10.7 Where Your access is provided through an organisation, We may notify the relevant Account Administrator about Your removal request and, where appropriate, act in accordance with the applicable organisational arrangements governing Your access to the Platform.
10.8 Certain User Content, including posts, comments, submissions, results or content integrated into the Services, may not be capable of being fully removed, and copies may continue to exist in backups, logs or other parts of the Platform for legal, security or operational reasons.
10.9 Nothing in this clause limits FIFTH DOMAIN’s right to remove, modify, block or restrict access to User Content where We reasonably believe it breaches these Terms, creates a security risk, is unlawful, or may expose us or others to harm.
11. Consequences of User Content Breach
11.1 If You become aware that any User Content You have uploaded or shared may breach these Terms or any law, You should notify us promptly at support@fifthdomain.pro.
11.2 If You believe that another User or a third party may be violating these Terms, You may notify us via email at support@fifthdomain.pro.
11.3 Even if You make a request that User Content be removed from the Platform, We retain the right to exercise any powers available to Us under these Terms in response to an actual or reasonably suspected breach.
11.4 We may investigate complaints or concerns relating to User Content and may take action We consider reasonably necessary, including removing content, restricting access, issuing warnings, suspending Accounts or reporting conduct to relevant authorities.
11.5 We are not obliged to monitor all use of the Platform or all User Content, but We reserve the right to do so where reasonably necessary to operate the Platform, maintain security, enforce these Terms or comply with law.
11.6 We retain the right to investigate violations of these Terms or conduct that affects the Services.
11.7 We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
12. Acceptable Use and Platform Restrictions
12.1 You must not use the Platform:
for any unlawful, abusive, harmful, deceptive or fraudulent purpose;
to harass, threaten, discriminate against or harm another person;
to upload or distribute malware, viruses or harmful code except where expressly permitted within an authorised training environment;
to attempt unauthorised access to systems, data, environments or accounts;
to impersonate another person or misrepresent your affiliation;
to breach privacy, confidentiality or IPR;
to process or store classified information without Our prior written approval; or
in a way that could damage, disable, overburden or impair the Platform.
12.2 You also agree not to:
sell, lease, sublicence, assign or otherwise transfer Your rights granted under these Terms or Customer Agreement to access or use the Platform;
copy, modify, publish, sell, export, distribute, transfer, perform, reverse engineer, decompile or otherwise attempt to extract the source code or source data from the Platform except to the extent permitted or required by law;
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 FIFTH DOMAIN, or the relevant customer;
use or make the Platform or Services available on a service bureau or time-sharing basis;
use the Platform or anything made accessible through the Platform to create any service offering, software, training materials or user documentation that is confusingly similar to the Platform or Services;
use the Platform in any application or situation where failure of the Platform could lead to death or serious bodily injury, or to severe physical or environmental damage;
forge headers, alter metadata or otherwise manipulate identifiers to disguise Your identity or the origin of any communication sent through the Platform;
introduce classified data into the Platform without Our prior written permission, and if You do, You agree to be responsible for reasonable sanitisation costs incurred by FIFTH DOMAIN;
access, tamper with, or use non-public areas of the Platform or FIFTH DOMAIN’s computer systems;
probe, scan or test the vulnerability of any FIFTH DOMAIN system or network or breach any security or authentication measures without authorisation;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by FIFTH DOMAIN to protect the Services or FIFTH DOMAIN Content;
attempt to access, search or download content from the Services through any engine, software, tool, agent, device or mechanism other than the Platform, Our authorised tools, or generally available third-party web browsers;
use the Services or FIFTH DOMAIN Content for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms;
interfere with the access of any user, host or network, including by sending a virus, overloading, flooding, spamming or mail-bombing the Services;
collect or store personal information from other Users of the Services without their express permission;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the aforementioned activities.
12.3 Because the Platform may include cyber training, simulated attacks, offensive security labs, war-gaming or similar activities, some content or conduct that would otherwise be restricted may be permitted within a controlled exercise environment authorised by FIFTH DOMAIN.
12.4 Users may be permitted, within an authorised and supervised exercise environment, to:
upload programs into virtual machines that are designed to intentionally deceive others as part of an exercise;
upload content that threatens harm within the limited scope of a Range exercise;
upload materials that explain offensive cyber techniques for defensive or educational purposes; or
share materials depicting warfare or simulated violence where relevant to authorised training or assessment activities.
12.5 Any permission under clauses 12.3 and 12.4 is limited strictly to the relevant exercise and does not authorise unlawful or harmful conduct outside that authorised environment.
12.6 Notwithstanding any exception in this clause 12, FIFTH DOMAIN reserves the right to remove or modify any content that breaches these Terms or that We reasonably consider inappropriate, unsafe or unlawful.
13. Privacy
13.1 We collect, use, store and disclose personal information in accordance with Our Privacy Policy and applicable law.
13.2 By using the Platform, You acknowledge that We may collect and use information, including personal information, as reasonably necessary to provide the Platform, administer activities, maintain security, communicate with You, generate reports and comply with legal obligations.
13.3 If Your access is provided through an employer, school, training provider, recruiter or another organisation, that organisation may receive information about Your Account activity, participation, progress, results, submissions and use of the Platform where that forms part of the Services being provided.
13.4 We may use third-party service providers, including hosting, infrastructure, communications and support providers, to help deliver the Platform. Those providers may be located in or outside Australia.
13.5 If We become aware of a data breach affecting personal information, We will respond in accordance with our legal obligations and our Privacy Policy.
14. Complaints, Disputes and Enforcement Action
14.1 If You believe that content on the Platform breaches these Terms, infringes Your rights or creates a safety or security concern, You may contact us at support@fifthdomain.pro.
14.2 When making a complaint, You should provide enough information to help us understand and assess the issue, including Your contact details, a description of the concern and where relevant content is located.
14.3 We may investigate complaints and take action we consider appropriate, including removing content, restricting access, issuing warnings, suspending Accounts or taking legal action where appropriate.
14.4 We may keep records of complaints, warnings and enforcement steps where reasonably necessary for security, compliance and operational purposes.
14.5 If a dispute arises in connection with these Terms, the parties should first try to resolve it in good faith by contacting each other and attempting to discuss the issue.
14.6 If the dispute is not resolved, either party may refer the dispute to mediation in the Australian Capital Territory, Australia, before commencing court proceedings, unless urgent interlocutory or injunctive relief is required.
15. Availability, Modifications and Updates
15.1 We may modify, update, suspend or discontinue any part of the Platform from time to time for security, legal, maintenance, operational or product reasons.
15.2 We aim to provide reasonable notice of material changes where practicable, but some changes may need to be made immediately.
15.3 We may also update these Terms from time to time. If We make material changes, We will provide reasonable notice by posting an updated version on the Platform, by email, or by another reasonable method.
15.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an event beyond our reasonable control.
15.5 If an event beyond our reasonable control affects the performance of our obligations:
We will contact You as soon as reasonably possible where practicable; and
Our obligations will be suspended and the time for performance extended for the duration of that event.
16. Warranties and Disclaimers
16.1 The Platform and Services are provided on an “as is” and “as available” basis.
16.2 To the maximum extent permitted by law, We do not make any representation or warranty that the Platform will always be available, uninterrupted, secure, error-free, accurate, complete or suitable for Your purposes.
16.3 Nothing in these Terms excludes any rights or guarantees that cannot lawfully be excluded, including under the Australian Consumer Law.
17. Liability
17.1 To the maximum extent permitted by law, We are not liable for any indirect, incidental, special or consequential loss arising from Your access to, use of, or inability to use the Platform.
17.2 We are not responsible for loss arising from:
Your failure to keep your Account details secure;
interruptions, delays or failures caused by internet, network or third-party systems outside our reasonable control;
actions taken by an employer, school, training provider or Account Administrator in relation to your access; or
third-party websites, content or services linked to or from the Platform.
17.3 Nothing in these Terms excludes or limits liability where it cannot lawfully be excluded or limited.
18. Indemnity
18.1 You indemnify FIFTH DOMAIN and our directors, officers, employees and agents against losses, damages, liabilities, costs and expenses, including reasonable legal costs, arising from a third-party claim to the extent that the claim results from:
Your unlawful use of the Platform or Services;
Your breach of these Terms; or
Your infringement of a third party’s rights.
18.2 You are not required to indemnify FIFTH DOMAIN to the extent that the relevant claim arises from our own breach of these Terms, negligence or wilful misconduct.
19. Termination and Survival
19.1 Upon termination of Your Account or these Terms, You must cease all use of the Platform and, where applicable, delete copies of the Platform or FIFTH DOMAIN Content from Your device or computer, except to the extent retention is permitted by these Terms or required by law.
19.2 Upon any termination, discontinuation or cancellation of Services or Your Account, any provisions of these Terms which by their nature should survive will continue in effect, including provisions relating to intellectual property, User Content licences, disclaimers, liability, indemnity, dispute resolution and general provisions.
20. General
20.1 If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect.
20.2 If We delay or do not exercise any right under these Terms, that does not mean We waive that right.
20.3 These Terms are governed by the laws of the Australian Capital Territory, Australia.
20.4 If you have questions about these Terms or the Platform, please contact:
Chief Customer Experience Officer
FIFTH DOMAIN Pty Ltd
UNSW Launch on Northbourne
Ground Floor
216 Northbourne Avenue
Braddon ACT 2612 Australia
Email: support@fifthdomain.pro