BreachAlarm Terms & Conditions

This website and domain name are owned and operated by Avalanche Online Pty Ltd (ABN: 96126267089). In these terms and conditions, "we" "us" and "our" refers to Avalanche Online.

By using this website and in consideration of us providing you with access to this website, you agree to the following terms and conditions, which, together with the Privacy Policy govern your access to and use of this website, including provision of our service/s.

Free Services

  1. This website provides a free service that allows you to check if your email addresses have been compromised, as follows:
    1. you enter the email address you wish to check;
    2. your email address is automatically checked against our database of compromised email addresses; and
    3. the website will be displayed and consist of:
      1. whether your email address appears in our database;
      2. how many times it appears in our database; and
      3. the date it was most recently compromised
  2. Your email address will be stored by us and by our email marketing software provider, MailChimp. They do not use or share your data, as stated by their privacy policy.
  3. Your Conduct

  4. By accessing our website you warrant:
    1. you are over 18 years of age; and
    2. any email address you enter is your own or that of a party who has authorised you to enter the email address.
  5. You must not:
    1. use the website in breach of any applicable laws or regulations;
    2. use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
    3. interfere with, disrupt, or create an undue burden on the website;
    4. upload, post, transmit or otherwise make available any material that:
      1. is not your original work, or which may infringe the intellectual property or other rights of another person;
      2. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
      3. includes an image or personal information of another person unless you have their consent;
      4. you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
      5. contains large amounts of untargeted, unwanted or repetitive content; or
      6. contains financial, legal, medical or other professional advice.
    5. If you believe that a user has breached any of the above conditions, please contact us.

  6. We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without notice.
  7. By uploading, transmitting, posting or otherwise making available any material via the website, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968.
  8. We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
  9. You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively "Affiliates") in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.
  10. Intellectual Property

  11. BREACHALARMâ„¢ and the BREACHALARM Logos are our trade marks (Trade Marks). All functional content and other material on this website, including the text, information, graphics, images, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to us. You must not copy, reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with our prior written consent, or as permitted by law. We reserve all our rights.
  12. Trade marks used on this website to describe third parties and their products or services are trade marks of those third parties.
  13. Linking and Third Party Content

  14. You must not frame, reformat, replicate or mirror any part of the website, or use any data mining robots or other extraction tools in relation to the website, without our prior written authorisation.
  15. You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents, including any intellectual property notices. At our request, you must immediately remove any link to our website.
  16. The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
  17. Disclaimer

  18. By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
  19. We do not claim:
    1. the results from an email address search in accordance with clause 1 can be relied upon as a comprehensive search of that address. We update the database when we are notified a new password database has been made public but make no claim that it is a definitive list of compromised email addresses;
    2. details regarding hackers and sources of details of compromised email addresses are accurate or up to date. This information is as provided by hackers or other third parties and has not been independently verified.
  20. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  21. Our Privacy Policy is incorporated by reference into these terms and conditions. By using the website, you agree to the Privacy Policy.
  22. Jurisdiction

  23. These terms and conditions are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms and conditions or your use of the website.
  24. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
  25. Contact

  26. If you have any queries regarding these terms and conditions, please contact us.