Terms and Conditions
Welcome to Certe Assurance, which is owned by Wyndarra Solutions Pty Ltd.
1. Introduction
Welcome to Certe Ltd. By using our risk management software (“Service”), you agree to these Terms and Conditions (“Terms”). Please read them carefully. If you do not agree to these Terms, you may not use our Service.
Certe Ltd: Certe Ltd, referred to as “we,” “us,” or “our.”
User: Refers to the individual or organization using the Service.
Service: Refers to our risk management software, including all associated features, updates, and services.
2. Use of the Service
Eligibility: The Service is available only to users who are at least 18 years of age. By using the Service, you represent that you meet this requirement.
License: We grant you a non-exclusive, non-transferable, and revocable license to access and use the Service for risk management purposes.
Account Responsibilities: You must provide accurate information when creating an account.You are responsible for maintaining the confidentiality of your login credentials.
Prohibited Uses: You agree not to misuse the Service, including using it to violate any laws, regulations, or rights of others.
3. User Data and Privacy
Data Collection: We collect personal and non-personal data to operate and improve ourService. For more information, please see our Privacy Policy.
Data Ownership: You retain all rights to your data. However, by using our Service, you grant-us permission to process and store your data as part of providing the Service.
Data Security: We take reasonable measures to protect your data, but we do not guarantee that your data will be completely secure from breaches or other security threats.
4. Subscription and Payment
Pricing: Our Service is provided on a subscription basis. Pricing details are available on our website or communicated to you during the registration process.
Billing: You will be billed in advance based on the subscription plan chosen, on a recurring monthly basis unless other terms have been negotiated with the platform owner.
Payment Methods: Payments are accepted via credit card, or other approved methods.Late Payments: If we do not receive your payment on time, we reserve the right to suspend or terminate your access to the Service.
Refunds: Refunds may be granted at our sole discretion in accordance with our refund policy.
5. Intellectual Property
Ownership: We retain all intellectual property rights related to the Service, including software, trademarks, and content.
Restrictions: You may not copy, modify, or create derivative works based on our software.You may not reverse-engineer or decompile the software.
User Content: You are responsible for any data or content you input into the Service. We do not claim ownership of your data, but we reserve the right to use it to improve the Service.
6. Service Availability and Uptime
Uptime Guarantee: We strive to provide 99.9% uptime for our Service. However, we cannot guarantee uninterrupted access due to maintenance or unforeseen circumstances.
Downtime: We will notify you in advance of any planned downtime. Unplanned interruptions may occur, and we will work to resolve them as quickly as possible.
7. Modifications to the Service or Terms
Service Changes: We may modify, suspend, or discontinue any part of the Service at anytime. We will provide notice of material changes that may affect your use of the Service.
Amendments to Terms: We may update these Terms from time to time. Continued use of the Service after such changes constitutes your acceptance of the new Terms.
8. Termination
Termination by User: You may terminate your account at any time by contacting us or through your account settings.
Termination by Us: We may terminate or suspend your access to the Service if you violate these Terms or engage in unlawful activities.
Effect of Termination: Upon termination, your access to the Service will cease immediately.We will retain your data for a limited time as described in our Data Retention Policy, after which it will be deleted.
9. Liability and Disclaimers
Disclaimer of Warranties: The Service is provided “as is” without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability: We will not be liable for any direct, indirect, incidental, or consequential damages arising out of your use of the Service. Our liability will be limited to the amount you paid for the Service in the 12 months preceding the claim.
Risk Management Tools: While we provide tools for risk analysis and management, the responsibility for risk decision-making remains with the user. We do not guarantee any specific outcomes from using our Service.
10. Governing Law and Jurisdiction
Governing Law: These Terms are governed by the laws of Victoria , Australia .Any disputes arising out of these Terms will be subject to the exclusive jurisdiction of the courts inVictoria Australia
Dispute Resolution: Any disputes will first be attempted to be resolved through good-faith negotiations. If that fails, disputes may be settled through mediation or arbitration, as agreed by both parties.
11. Miscellaneous
Force Majeure: We are not liable for delays or failures to provide the Service due to causes beyond our reasonable control, including natural disasters, war, or government actions.
Entire Agreement: These Terms represent the entire agreement between you and us regarding the use of the Service.
Sever-ability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
Assignment: You may not assign or transfer your rights under these Terms without our written consent.
12. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Certe Ltd
P O Box 1191
Sanctuary Cove 4212
Queensland Australia
poc@certe.net.au
+61 419533234