C Cert
Welcome to C Cert! We provide a platform that allows Workers to store their certificates, licences and qualifications and share them with Employers (Services), as set out in more detail on our website (Site). The Services are available through our mobile application (App) and the Site.
In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your company) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean C Cert Pty Ltd (ACN 694 065 177).
These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
Contact email: braeden@ccertcompliant.com
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1.1These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).
1.2Subject to your compliance with these Terms, we will provide you with access to the Services.
1.3We will not be responsible for any other services unless expressly set out in these Terms or on our Site.
1.4Where you engage third parties to operate alongside the Services (for example, any third-party software systems you wish to integrate with the Services), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.
1.5We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services. If you have paid upfront for recurring access to any of the Services and you would like to cancel them, please contact us in writing within 30 days of receiving notice to cancel that recurring access and we will issue you a pro-rata refund for such Services.
2.1You must sign up for an Account in order to access and use the Services. When signing up, you must select whether you are a Worker or an Employer.
2.2Worker Accounts are for individual use only. Employer Accounts are for use by the Employer’s personnel only, and each Employer Account must use its own login and subscription. Employers are responsible for ensuring that their personnel comply with these Terms.
2.3While you have an Account with us, you agree to:
(a)keep your information up-to-date (and ensure it remains true, accurate and complete);
(b)keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
(c)notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
2.4Workers control which Employers can view their Worker Data. A Worker may revoke an Employer's access at any time through their Account. An Employer may remove a Worker from its Account at any time.
2.5If an Employer removes a Worker or its Account ends, the Worker keeps their Account and Worker Data.
2.6Workers may share their Worker Data with an Employer by secure code. Workers may also export their certificates as a PDF to share outside the Services. Workers are responsible for the sharing and use of any code or PDF they generate.
2.7Workers must ensure that the certificates, licences and other documents they upload are genuine, accurate, current and belong to them. Employers must verify any Worker Data before relying on it. We do not verify, and are not responsible for, the authenticity, validity or currency of any Worker Data. The Services use AI to scan uploaded certificates and populate fields. You must check that populated information is accurate before relying on or sharing it.
2.8Workers may delete their Account at any time through the Services.
3.1You may choose to purchase Services from us, as set out on our Site (Paid Services). Paid Services are available to Employers only and are a recurring subscription. You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).
3.2New Employers receive a 14-day free trial of the Paid Services. At the end of the free trial, Employers will be unable to add or view Workers, unless you purchase a subscription.
3.3Details of our Paid Services, including features, limitations, fees, billing cycles and the number of Workers you may view under your subscription are set out on our Site. You cannot view more Workers than the limit for your subscription. You will be billed on a regular basis, as set out on our Site, at the beginning of each billing cycle.
3.4You may upgrade or downgrade any recurring Services at any time through your Account. Changes to your recurring Services will take effect as follows:
(a)Upgrades: Immediately, with any additional fees charged pro rata for the remainder of the current billing cycle.
(b)Downgrades: At the beginning of the next billing cycle. If your downgraded subscription allows fewer Workers to be viewed than you currently have, you must remove Workers so that you do not exceed the new limit. We may restrict access to Workers in excess of that limit.
3.5Cancellation: All Services continue for a monthly or annual term (that you selected when purchasing the Service) (Service Term).
(a)Monthly: Monthly Service Terms renew automatically each month, provided you have paid all fees owing. You may cancel through your Account by providing us one month’s notice. Your cancellation will take effect at the end of the notice period, and you must pay all fees due until then.
(b)Annual: You may cancel an annual Service Term at any time, but cancellation takes effect at the end of the 12-month term (no refund for the unused period, subject to your Consumer Law Rights), and you will continue to have access to the Services for the full term.
3.6Our payments methods will be set out at the time you purchase the Services. Payments are processed by our third-party payment processor, Stripe. You may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).
3.7You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
3.8If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may suspend your access to the Services.
3.9You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
4.1During the Term, we grant you a right to use our Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.
4.2When you purchase our Paid Services we grant you a right to access the relevant Services only for the duration that you continue to pay for the Service, subject to these Terms.
4.3You must not:
(a)access or use the Services in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
(b)interfere with or interrupt the supply of the Services, or any other person’s access to or use of the Services;
(c)introduce any viruses or other malicious software code into the Services;
(d)use any unauthorised or modified version of the Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;
(e)attempt to access any data or log into any server or account that you are not expressly authorised to access;
(f)use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
(g)circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party;
(h)access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted; or
(i)use the Services to obtain, store or share certificates, licences or documents that are false, misleading, forged or altered.
5.1While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
5.2The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
5.3We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.
6.1We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
6.2We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
Your Data
6.3We do not own any of Your Data, but when you enter or upload any of Your Data into the Services, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
(a)supply the Services to you, and otherwise perform our obligations under these Terms;
(b)diagnose problems with the Services;
(c)improve, develop and protect the Services;
(d)send you information we think may be of interest to you based on your marketing preferences;
(e)perform analytics for the purpose of remedying bugs or issues with the Services; or
(f)perform our obligations under these Terms (as reasonably required).
6.4You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.
6.5You are responsible for (meaning we are not liable for):
(a)the integrity of Your Data on your systems, networks or any device controlled by you; and
(b)backing up Your Data.
6.6When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
6.7If you do not provide Your Data to us, it may impact your ability to receive the Services.
6.8You warrant that you have the right to upload Your Data and that doing so will not infringe any person's rights.
6.9This clause 6 will survive the termination or expiry of these Terms.
7.1We collect, hold and disclose and use any Personal Information (including sensitive information such as health information) you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.
7.2You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
7.3Employers must handle Worker Data only for lawful workforce compliance purposes and in accordance with applicable privacy laws.
7.4We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). Some service providers are located overseas.
7.5This clause 7 will survive the termination or expiry of these Terms
8.1In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
8.2Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
8.3If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
8.4This clause 8 will survive the termination or expiry of these Terms.
9.1To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
(a)your computing environment (for example, your hardware, software, information technology and telecommunications services and systems);
(b)any loss arising from the deletion of Your Data following termination or expiry of these Terms in accordance with clause 11.6;
(c)any use of the Services by a person or entity other than you; or
(d)the accuracy, authenticity, validity or currency of any Worker Data, or any decision made in reliance on it.
9.2Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
(a)neither we or you are liable for any Consequential Loss;
(b)a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
(c)(where the Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
(d)our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us during the 12 months immediately preceding the event giving rise to the Liability, or if you have not paid for the Service, to AU$1,000.
9.3This clause 9 will survive the termination or expiry of these Terms.
10.1To the extent that you are using or accessing the Services on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Services and any content available on the Services.
10.2Apple has no obligation to furnish you with any maintenance and support services with respect to the Services.
10.3If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
10.4Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
10.5Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
10.6You agree to comply with any applicable third-party terms when using our mobile application.
10.7Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
10.8You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
11.1We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.
11.2We may terminate these Terms (meaning you will lose access to the Services, and any recurring Services will be cancelled) if:
(a)you fail to pay your fees when they are due;
(b)you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(c)you breach these Terms and that breach cannot be remedied;
(d)we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice and if you have paid upfront for ongoing access to any of the Services we will issue you a pro-rata refund for such Services; or
(e)you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
11.3You may terminate these Terms if:
(a)we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
(b)we breach these Terms and that breach cannot be remedied, and if you have paid fees for recurring Services upfront, you will be issued a pro-rata refund of any unused part of those fees based on the portion of the then-current Services period remaining.
11.4Subject to clause 3.5, you may terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 12.7), and if you have purchased any recurring services, termination will take effect at the end of your current Services period. Workers’ termination takes effect immediately.
11.5Prior to termination or expiry of these Terms, you should export Your Data through your Account. We encourage you to do this before the termination date, as we cannot guarantee access to Your Data after that date.
11.6Following termination or expiry of these Terms, we may delete Your Data (including copies) in our possession or control. If you request a copy of Your Data following termination, we may, to the extent we still hold Your Data, assist you with that request at our discretion. We reserve the right to charge a reasonable fee to cover our costs of doing so, which we will notify you of prior to fulfilling your request.
11.7We will retain Your Data where required to do so by law or regulatory requirements, and will otherwise handle any retained data in accordance with our privacy policy, and these Terms.
11.8Termination of these Terms will not affect any other rights or liabilities that we or you may have.
11.9This clause 11 will survive the termination or expiry of these Terms.
12.1Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
12.2Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
(a)where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
(b)where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Brisbane, Queensland, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
12.3Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
12.4Governing law: These Terms are governed by the laws of Queensland, and any matter relating to these Terms is to be determined exclusively by the courts in Queensland and any courts entitled to hear appeals from those courts.
12.5Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
12.6Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
12.7Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
12.8Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice and do not confirm that any Worker is qualified or compliant for any role.
13.1In these Terms:
Account means an account accessible to the individual or entity who signed up to the Services.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.
Employer means a person or entity that signs up to the Services as an employer.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Services means the services we provide to you, as detailed at the beginning of these Terms.
Worker means an individual who signs up to the Services as a worker.
Worker Data means the certificates, licences, qualifications, and other information a Worker uploads or shares through the Services.
Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving the Services or stored by or generated by your use of the Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Services. Your Data does not include any data or information that is generated as a result of your usage of the Services that is a back-end or internal output or an output otherwise generally not available to users of the Services.
C Cert Pty Ltd (ABN 55 694 065 177) · Level 1, 470 Paul Terrace, Fortitude Valley QLD 4006, Australia · Privacy Policy · Terms and Conditions · braeden@ccertcompliant.com