Terms | Certsy

Terms and Conditions

Overview

SEEK Pass is a verification platform that enables Users to verify and share important information with Organisations. Please read these terms and conditions ("Terms") carefully before accessing or using the information and services available through the SEEK Pass Pty Ltd (formerly Certsy Pty Ltd) ("SEEK Pass") website ("Site") . By accessing or using the Site, you agree to be bound by the Terms. SEEK Pass may modify the Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on the Site. SEEK Pass also has a comprehensive privacy policy for users of the Site which should be read alongside these Terms.

Definitions

Where used in these Terms, the following terms have the following meanings:

any reference to "SEEK Pass", "we", "us"and "our" includes a reference to SEEK Pass Pty Ltd (formerly Certsy Pty Ltd) and each of its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)).
"Organisations" refers to or entities that use the Site to access verified information;
"Users" refers to individuals with a registered account who use the Site to purchase credentials, verify their credentials and share their verified information with Organisation; and
"Visitors" refers to individuals or organisations accessing the Site and includes Organisations and Users.

Copyright and trademarks

Copyright in the material and trademarks on this Site are owned by SEEK Pass or its related bodies corporate unless otherwise indicated and Visitors agree not to infringe any intellectual property rights owned by us.

Information for personal, non-commercial use only

Visitors agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose (including unsolicited commercial correspondence). You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. You must not use this Site for any purpose that is unlawful or prohibited by these terms of use.You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation purposes of establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication), except with prior written consent from SEEK Pass.

Information does not represent professional advice

You acknowledge and agree that information published by SEEK Pass is intended to provide general information in summary form on verification processes and other issues. SEEK Pass does not warrant the accuracy or completeness of such information. In no event will SEEK Pass be liable to you or anyone else for any decision made or taken by you or anyone else in reliance upon any information contained on or omitted from the Site.

Use of the Site

In using this Site or any features made available on this Site you warrant and agree that you:

have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
will only use the site for bona fide purposes;
will not upload or otherwise deliver to the Site any viruses, trojan horses or other malicious software;
will only provide correct, accurate and up to date information;
will not seek to impersonate any other person or otherwise seek to gain access to an account which is not yours;
will not upload, download, transact, store or make available data any content which is harmful, offensive, defamatory, threatening or harassing;
will not infringe any third party’s intellectual property; and
will not breach any laws.

If you are an Organisation, you agree you will at all times deal with any information provided by SEEK Pass or accessed via the Site in a manner which abides by all applicable laws of Australia (including privacy and copyright laws).

Payment Terms

The fees payable for using SEEK Pass services are displayed on Site and include GST, unless otherwise indicated. SEEK Pass uses a secure online payment system to process payments. Payment must be received by SEEK Pass before SEEK Pass will provide the services requested. SEEK Pass reserves the right to change any fees for use of its services at any time by changing the fees displayed on Site. SEEK Pass will only provide refunds where required under the Australian Consumer Law. Refunds will not be provided for change of mind, dissatisfaction with results, failure to properly complete a form (including incorrect data entry) or provide satisfactory identification or where the services are taking longer than expected.

No guarantees of verification

SEEK Pass does not guarantee it can verify specific credentials or specific Users. SEEK Pass does not represent or warrant that use of its services will assist or enable the User to obtain successful employment or achieve any other objective the User may have. SEEK Pass is not responsible for the results of any checks or other verification services provided on the Site as SEEK Pass is relying on third party authorities to obtain that information. Organisations should not rely solely on the results of any verification services shared with it, and Organisations should conduct their own due diligence to ensure that the User is suitable for their purposes. Organisations are responsible for ensuring that the results of the verification services utilised are current.

No guarantees or endorsements of sites or services we link to or that link to us

SEEK Pass provides links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of SEEK Pass and SEEK Pass is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. SEEK Pass is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SEEK Pass of the linked site. SEEK Pass is not responsible for the copyright compliance of any linked site. SEEK Pass will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

No guarantees as to the service

The Site and the services available on the Site are provided on an ‘as is’ basis. SEEK Pass provides no warranty to you that the services generally available through its Site will be uninterrupted or errorfree or that defects in the service will be corrected. You also understand that SEEK Pass cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

No guarantees as to security of your information

While SEEK Pass takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on SEEK Pass systems or on the Site. SEEK Pass disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

Liability and indemnity

To the maximum extent permitted by law, SEEK Pass excludes all express and implied conditions, warranties and liabilities. To the extent that any express or implied condition, warranty or liability cannot be excluded, then, to the maximum extent permitted by law, the liability of SEEK Pass to you will be to resupply the services or refund you for the cost of those services. You agree to indemnify SEEK Pass from and against all losses, liabilities, damages and costs suffered as a result of your use of the Site.

Changes to the Site

SEEK Pass reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from SEEK Pass or the Site.

Our right to use information you send us

SEEK Pass welcomes ideas and feedback from you about all aspects of the Site. You agree that SEEK Pass may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email to SEEK Pass.

Your responsibility for your password and login

To become a User or Organisation, you must establish a login and password. You are entirely responsible if you do not maintain the confidentiality of your password and other login credentials. You may change your password at any time by using the Forgot Password link or logging in to your account and using Reset Password. Furthermore, you are entirely responsible for any and all activities that occur in your account. For added security, we recommend that you enable multi factor authentication (MFA) when logging into your account on our Site. You agree to immediately notify SEEK Pass of any unauthorized use of your login name or any other breach of security known to you.

Terminating your account

You may terminate your account at any time by contacting us (see the Contact Us section for details). If you terminate your account we will, as soon as we are legally or contractually able to do so, delete all information we hold about you.

Access to the Site

We may terminate your access to this Site or your specific at any time without notice if we feel you have or are likely to breach these Terms.

General provisions

SEEK Pass may vary these Terms at any time. If SEEK Pass varies these Terms, it will provide notice by publishing the varied Terms on the Site. You accept that by doing this, SEEK Pass has provided you with sufficient notice of the variation to its Terms.If any part of these Terms is held invalid that part shall be severed from these Terms the remainder of these Terms will continue to be valid and enforceable. The laws governing these Terms will be the laws in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its courts.