Protect Your PC – Client Disclaimer & Liability Waiver
Effective Date: 07/12/2025
This Disclaimer & Liability Waiver (“Disclaimer”) is issued by Protect Your PC (“we”, “us”, “our”) to you, the client (“you”, “your”). By engaging our Services, accessing our products, or relying on information or advice provided by us, you acknowledge and agree to the terms set out in this Disclaimer.
This Disclaimer applies to all Services, products, software, advice, and client-facing agreements provided by Protect Your PC, including but not limited to:
Website Terms of Use and Online Resource Access
Privacy Policy
Terms of Service
Client Services & Remote Access Agreement
Any other current or future client-facing documents
Service cannot commence until you have read and electronically consented to this Disclaimer and all referenced documents via our Digital Client Consent Form. Your submission constitutes a legally binding record of consent.
1. Nature and Limitations of Services
1.1 All Services are provided remotely or on-site using secure tools. Their effectiveness depends on your device, system configuration, internet connection, and your cooperation.
1.2 Services are provided on a best-effort basis. Complete remediation of issues cannot be guaranteed.
1.3 Malware, viruses, ransomware, spyware, or other security threats may be resistant to removal, may recur, or may result in system instability.
1.4 No Service, software, or configuration can guarantee 100% protection from cyber threats.
1.5 Protect Your PC is not responsible for pre-existing system faults, outdated software/hardware, network outages, or operating system bugs.
2. Client Responsibilities and Assumption of Risk
By engaging our Services, you acknowledge and accept that:
2.1 You are responsible for backing up all data prior to Service.
2.2 You are responsible for ongoing software licensing, updates, renewals, and maintenance.
2.3 You accept that data loss, corruption, or alteration may occur during or after Service.
2.4 You accept that system instability, hardware failure, or performance issues unrelated to our work may occur.
2.5 Misuse, negligence, or failure to follow post-service guidance may result in additional issues.
2.6 Ongoing cybersecurity, device maintenance, and functionality remain your responsibility.
2.7 By providing remote access, you authorize us to access, troubleshoot, configure, or install software on your device(s). You may monitor or terminate access at any time.
3. Third-Party Software
3.1 We may recommend, install, or configure third-party software, including antivirus/security solutions such as ESET.
3.2 You acknowledge that:
We are not the developer, vendor, or licensor of third-party software.
We cannot guarantee long-term performance, compatibility, or effectiveness.
All licensing, renewals, updates, and compliance obligations remain your responsibility.
Any technical faults, disputes, or warranty claims must be addressed directly with the software provider.
4. Limitation of Liability
To the maximum extent permitted by law:
4.1 Protect Your PC, its directors, employees, contractors, and affiliates shall not be liable for:
Loss, corruption, or alteration of data, files, or software
Device malfunction, system downtime, or reduced performance
Loss of income, business opportunity, productivity, or reputation
Indirect, incidental, consequential, punitive, or special damages
Issues arising from third-party software, pre-existing system problems, network failure, or client error
4.2 Our total liability, if any, is strictly limited to the amount paid for the specific Service provided.
4.3 Nothing in this Disclaimer excludes your statutory rights under the Australian Consumer Law (ACL).
5. No Warranties
All Services, advice, and software are provided “as is” without warranties of any kind, express or implied, including:
Fitness for a particular purpose
Accuracy or reliability of results
Effectiveness of antivirus, security software, or configurations
Future system security or protection from malware
6. Indemnification
You agree to indemnify, defend, and hold harmless Protect Your PC, its owners, employees, contractors, and affiliates from any claims, losses, damages, liabilities, or expenses (including reasonable legal costs) arising from:
6.1 Misuse, negligence, or modification of your device, software, or systems
6.2 Breach of this Disclaimer or any applicable laws
6.3 Unauthorized use, copying, or distribution of third-party software
6.4 Failure to follow advice, instructions, or cybersecurity guidance provided by Protect Your PC
7. Australian Consumer Law
Nothing in this Disclaimer excludes, restricts, or modifies your statutory rights under the ACL. Where permitted, our liability is limited to:
Re-supplying the Service, or
Refund of the service fee
All other warranties or guarantees not required by law are expressly disclaimed.
8. Governing Law and Jurisdiction
This Disclaimer is governed by the laws of the Australian State or Territory in which you reside or conduct business.
All disputes arising under or in connection with this Disclaimer shall be resolved exclusively in the courts of that jurisdiction.
9. Document Hierarchy, Severability, and Entire Agreement
9.1 This Disclaimer operates together with all other client-facing documents (Terms of Service, Privacy Policy, Client Services & Remote Access Agreement, etc.).
9.2 Hierarchy: Where inconsistencies exist between documents, the provision giving greatest legal protection to Protect Your PC, to the extent permitted by law, shall apply.
9.3 Severability: If any provision is found unenforceable, it will be severed without affecting the enforceability of remaining provisions.
9.4 This Disclaimer represents the entire agreement regarding liability, risk, and responsibility between Protect Your PC and you and supersedes all prior agreements, written or oral.
10. Contact Information
For questions regarding this Disclaimer or related documents, contact:
Protect Your PC
Website: www.protectyourpc.com.au