Last Updated 9 July 2024
These Terms and Conditions govern access to and use for the Site and the Services provided by CertCrowd.
Please read the Terms and Conditions carefully. Clients and other users which use the Site of the Services agree to be bound by the following Terms and Conditions. Use of the Site or any of the Services indicates an acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you must not use the Site or any of the Services.
CertCrowd may amend these Terms and Conditions from time to time. The scope or content of the Services may also be changed by CertCrowd from time to time. The amended terms and conditions will be published on the CertCrowd website certcrowd.com. and be effective from the date of publication. CertCrowd will make every effort to communicate changes to you via email or notification on the Site. Use of the Site or the Services after such amendment indicates an acceptance of the amended Terms and Conditions.
You can review the current version of the Terms and Conditions at certcrowd.com. Breach of any of the Terms and Conditions may result, among other things, in the termination of your account.
Account Holder
The individual who registers to use the Service on behalf of a Client.
Client
The entity or organisation, represented by the Account Holder, that acquires the Services from us.
CertCrowd, We, Us
CertCrowd Pty Ltd (ABN:68 634 250 758) and its associated entities.
Invited User
Any person or entity, other than the Client and Account Holder, that uses the Service from time to time, at the invitation of Account Holder.
Services
The various sites made available through the Site and otherwise provided or made available by Us.
Site
The internet sites available at including certcrowd.com, app.certcrowd.com, and any other site operated by CertCrowd.
You, Your
Refers to all users of the Site and Services, including Clients, Invited and the Account Holder, unless expressly specified otherwise and agreed in writing by CertCrowd.
In return for payment of the subscription fees where applicable by the Client, we agree to provide the Services to the Client on these Terms.
Account holders must nominate an email address and password (together referred to as your "login") to use the Site. Your login is used by you to access the Site and the Services. CertCrowd is entitled to assume that all access and use of the Site and the Services using your login in access and use by you.
A login may only be used by one individual - a single login shared by multiple individuals is not permitted.
During the signup process the Account Holder must provide their full name and a valid email address. As part
of our security process we verify that you have access to the nominated email address.
You are responsible for maintaining the security of your account and password. CertCrowd is not responsible
for any loss or damage arising from your failure to comply with this security obligation.
Clients and Account Holders are responsible for any access provided to Invited Users and their use of the Services.
Payments will be charged using any credit card or other payment mechanisms we have on record for the Client (or the Account Holder on behalf of the Client.)
The Service is billed in advance and those fees are non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
Failure to pay by the due date will result in CertCrowd access suspended immediately.
Suspended accounts will continue to accrue subscription fees which will be payable in advance as well as a re-
connection fee of $395 to re-activate CertCrowd subscription.
Suspended accounts will be terminated after 60 days and Client data may be permanently deleted.
Payments will cover the use of the contracted Services for an annual subscription period as agreed.
All fees are exclusive of Australian GST (if required) and exclusive of all other taxes, levies, or duties imposed by
taxing authorities. The Client is responsible for payment of all such taxes, levies, or duties.
The services and prices are described in detail at certcrowd.com.
For any upgrade or downgrade in plan level, the Client will be charged the new rate commencing from the start of your next billing cycle.
If you, as the Client, wish to terminate your account, the Account Holder must notify us in writing by emailing cancel@certcrowd.com.
Upon cancellation, your date will be retained for a period of time to allow reversal of the cancellation, after which it will be irrevocably deleted from the Service. CertCrowd reserved the right to maintain non-identifiable, anonymised, data for statistical and security purposes and logging data in accordance with our Privacy Policy found at certcrowd.com
There is no refund or credit of fees for cancellation.
Failure to pay our fees for any reason may result in the suspension or termination of a Client's account (including all associated user accounts) and, after a period, the deletion of those accounts and associated data.
CertCrowd, in its sole discretion, may decline to provide Services to anyone for any reason, and may suspend or terminate accounts and refuse access to or use of the Services for any reason at any time. Termination of the Services will result in the deactivation or deletion of use accounts or access to use accounts and data.
CertCrowd may modify or discontinue the Services (or any part of them) with or without prior notice.
Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change by us upon 30 days' prior notice. Such notice may be provided by us at any time by posting the changes to the site, by email, or provided through the Service itself.
CertCrowd is not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
This Agreement does not transfer from CertCrowd to you any CertCrowd or third-party intellectual property rights, and all right, title and interest in and to such rights will remain (as between the parties) solely with CertCrowd.
We claim no intellectual property rights over the data you provide to the Service. As between the parties, all data upload by you remain yours. However, if you elect to provide access to your data to other users, you agree to allow us to enable those users to view and or edit this shared content. You are responsible for controlling shared access to your data and can revoke or change an invited user's access.
You must maintain copies of all your Data input into the Service. CertCrowd adheres to appropriate professional practice and procedures to reduce the risk of data loss, including a daily system data back-up, but does not make any guarantees that there will be no loss of Data. CertCrowd expressly excludes liability for any loss of data no matter how caused.
CertCrowd at any time or from time to time may use your data to derive non-personally identifying, and non-company identifying, information in aggregate form. (e.g. for industry benchmarking or statistical analysis). You hereby consent to such use of your day by CertCrowd.
The Services and the Site are protected by copyright, trademark, trade secret and other intellectual property rights. All such rights are reserved. The Services and the Site are copyright © CertCrowd Pty Ltd. You may not reproduce, publish, copy, or reuse any portion of the application code, or visual design elements or concepts included in the Services or the Site without express prior written consent from CertCrowd.
You must not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any software used to deliver the Services.
The Service allows Account Holders to import data in relation to the Client (for example, documents, forms, pictures). This date may be entered, analysed and managed within the Service.
Importantly, you are accountable to ensure access is provided to Account Holders and Invited Users as appropriate to avoid data being inappropriately shared or misused.
CertCrowd Clients must consider the data privacy arrangements you have in place with your clients, employees, team members or related entities before adding them as an Invited User or importing their data into CertCrowd.
You agree to allow CertCrowd to collect, use and disclose personal information in accordance with the CertCrowd Privacy Policy located at certcrowd.com
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
Technical support is only provided to all Account Holders and is available via email or online. Support is
only available in English.
You understand that CertCrowd uses third party vendors and hosting partners to provide the necessary
hardware, software, networking, storage, and related technology required to run the Service. CertCrowd is
not responsible for the continuity of the services provided by those vendors.
You must not attempt to undermine the security or integrity of CertCrowd's computing systems or
networks or, where the Services are hosted by a third party, that third party's computing systems and networks. You must not use, or misuse, the Services in any way which may impair the functionality of the Service or Site.
You understand that the technical provision of the Service, including your data, may involve (a) transmissions over various third-party networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In using the Site of the Services, you must not submit content that is misleading or deceptive, unlawful, defamatory, infringes other's rights, or is likely to cause offence to a reasonable adult. We may amend or remover user-contributed content or terminate your account at our discretion and without prior notice if such content is submitted. If any use by you of the Site or the Services is in our reasonable opinion an unacceptably high-volume use (including, for example, where that use adversely affects other's normal use) then we may take action to limit or prohibit your use, for a period of time or permanently.
CertCrowd does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) any errors in the Service will be corrected.
You expressly understand and agree that CertCrowd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in contract, negligence or otherwise, including but not limited to: damages for loss of profits, goodwill, use, data, information, interference with privacy, business interruption, or other intangible losses relating directly or indirectly to these Terms, the Site of the Services. These exclusions apply even if we knew or should have known that you might suffer loss.
If any term is implied by law in these terms and cannot be excluded, then we limit our liability to you under that term to the maximum extent permitted by law.
If you are not satisfied with the Services, your sole and exclusive remedy is to terminate the use of the Services in accordance with the cancellation process described in these Terms and Conditions.
If you suffer loss or damage as a result of CertCrowd's negligence or failure to comply with these Terms, and the exclusion in clause 9.1 above does not exclude CertCrowd's liability, then any claim by you against CertCrowd arising from CertCrowd's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by you in the previous 12 months.
The failure of CertCrowd to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CertCrowd and governs your use of the Service, superseding any prior agreements between you and CertCrowd (including but not limited to, any prior versions of the Terms of Service).
The laws of Queensland, Australia will apply to these Terms.
Any notice given under the Terms by either party to the other must be in writing and will be deemed to have been given on transmission. Notices to CertCrowd must be sent to info@certcrowd.com or to any other email address notified by email to you by CertCrowd. You will be sent to the email address which you provided when setting up your access to the Service.
