Terms of Use

These Terms of Use govern your access to this website at nextpointit.com.au and to GhostPush at ghostpush.com, both operated by NextPoint IT Pty Ltd (ABN 44 692 718 988). Those two are referred to together as the Services.

Using the Services means you accept these terms. If you do not accept them, do not use the Services.

This website describes what we do: IT consulting, ISO 27001 and ISO 42001 work, cloud infrastructure on AWS and Azure, and cybersecurity. GhostPush is a tool we built and run, which sends a secret over a link that destroys itself once it has been read.

A specific engagement may be covered by its own agreement, statement of work or service level agreement. Where one of those conflicts with these terms, that document prevails to the extent of the inconsistency.

This website needs no account. GhostPush has them, and if you register for one you agree to:

• Give accurate, current and complete information.
• Keep your credentials confidential.
• Tell us straight away if someone uses your account without authorisation.
• Take responsibility for everything done under your account.

We may suspend or close an account that breaches these terms, or one that has been dormant for an extended period.

Use the Services lawfully. You must not:

• Breach any Australian or international law or regulation.
• Try to gain unauthorised access to any part of the Services, to another person's account, or to any system connected to them.
• Introduce viruses, malware or any other harmful code.
• Interfere with or disrupt the integrity or performance of the Services.
• Send unsolicited commercial messages through the Services.
• Scrape, harvest or collect information from our website by automated means without our written consent.
• Impersonate anyone, or misrepresent your association with them.

Everything on this website belongs to NextPoint IT or to our licensors, and is protected by Australian and international intellectual property law. That covers the text, graphics, logos, icons, images, software and design.

You may not reproduce, distribute, modify, build derivative works from, publicly display or otherwise exploit any of it without our prior written consent.

Work we build for you is different. Where we develop custom software, a website or any other deliverable under a service agreement, who owns it and how it is licensed is settled by that agreement, not by this clause.

GhostPush encrypts what you send in your own browser and puts the key in the part of the link after the #, which browsers do not transmit to a server. We hold the encrypted blob, a remaining view count and an expiry, and nothing else. We cannot read what you sent.

That design has a consequence you accept by using it. If the link is lost, or the last view is spent, or the expiry passes, the secret is gone and we cannot recover it for you. Do not use GhostPush as storage or as a backup of anything you cannot afford to lose.

You must not use it to send anything unlawful, and you must not share your account with anyone who should not have it. Because we cannot read what passes through, enforcement necessarily rests on you.

GhostPush is provided free of charge. We may change it, limit it or withdraw it, and clause 9 caps what we are liable for if we do.

Our website links to sites and services we neither own nor control. We are not responsible for their content, their privacy practices or anything else about them, and you visit them at your own risk.

To the maximum extent the law allows, including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Services are provided as they are and as available. We do not warrant that they will be uninterrupted, free of error, or free of viruses and other harmful components, and we make no representation about the accuracy, reliability or completeness of the content on our website.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law, where that guarantee, right or remedy cannot be excluded, restricted or modified by agreement.

To the maximum extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profit, revenue, data or business opportunity, arising from your use of the Services.

Where our liability cannot be excluded, our total liability for all claims connected with these terms or the Services is capped at whichever is greater of the amount you paid us in the 12 months before the claim, or AUD $100.

You indemnify NextPoint IT and its directors, officers, employees and agents against any claim, liability, damage, loss or expense, including reasonable legal costs, arising from your use of the Services, your breach of these terms, or your infringement of anyone else's rights.

We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice. Your right to use them ends immediately on termination.

Clauses that by their nature should outlast termination do so, including those covering intellectual property, disclaimers, limitation of liability and indemnity.

These terms are governed by the laws of the State of Victoria, Australia. You submit irrevocably to the exclusive jurisdiction of the courts of Victoria and the courts that hear appeals from them, for any proceeding connected with these terms.

We may change these terms. A change takes effect when we publish it here with a new effective date, shown at the top of this page. Continuing to use the Services after that means you accept the revised terms.

If a court finds any provision of these terms invalid or unenforceable, that provision applies to the greatest extent it can, and the rest of the terms continue in full force.

These terms, our Privacy Policy and any applicable service agreement are the entire agreement between you and NextPoint IT about your use of the Services.

Questions about these terms go to NextPoint IT Pty Ltd at sales@nextpointit.com.au.