Terms of Service
Effective date: 1 April 2025 · Last updated: 26 April 2026
1. About CertVault
CertVault is operated by CertVault (Australian sole trader) ("we", "us", or "our"). CertVault is an online platform that allows workers ("Workers") to upload, store, and share professional certificates, licences, and compliance documents with employers and labour-hire agencies ("Employers").
These Terms of Service ("Terms") govern your access to and use of the CertVault website, web application, and related services (collectively, the "Platform"). These Terms are governed by the laws of New South Wales, Australia.
Where you use the Platform as an Employer to access or process Worker personal data, our Data Processing Agreement applies in addition to these Terms and forms part of the contractual framework between you and CertVault.
2. Eligibility
To use the Platform you must:
- Be at least 18 years of age.
- Have the legal capacity to enter into a binding contract.
- Not be prohibited from using the Platform under applicable law.
By creating an account you represent and warrant that you meet these requirements.
3. Account Registration and Security
You must provide accurate, current, and complete information when registering and keep it up to date. You are responsible for:
- Maintaining the confidentiality of your login credentials.
- All activity that occurs under your account.
- Promptly notifying us at legal@certvaultapp.com if you suspect unauthorised access.
4. Worker Obligations
If you use the Platform as a Worker, you agree that:
- All documents, certificates, and information you upload are genuine, accurate, and not expired at the time of upload.
- You hold the right to share any document you upload and doing so does not infringe any third-party rights.
- You will promptly remove or update documents that expire, are revoked, or are otherwise no longer valid.
- You will not upload documents on behalf of another person without their explicit written consent.
- CertVault does not independently verify the authenticity of uploaded documents. You are responsible for the accuracy and validity of your documents, subject to consumer guarantees under the Australian Consumer Law that cannot be excluded.
Uploading fraudulent, forged, or misrepresented documents may constitute a criminal offence and will result in immediate account termination and referral to relevant authorities.
5. Employer Obligations
If you use the Platform as an Employer, you agree that:
- You will access Worker profiles and documents only for evaluating Workers for genuine employment or engagement opportunities.
- You will not download, copy, store, or distribute Worker documents beyond what is reasonably necessary for those evaluation purposes.
- You will handle all Worker personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
- You will not use Worker information for any discriminatory, unlawful, or harassing purpose.
- You are responsible for independently verifying the authenticity of any documents you rely upon when making employment decisions.
6. Acceptable Use
You must not use the Platform to:
- Upload, post, or transmit unlawful, fraudulent, defamatory, obscene, or otherwise objectionable content.
- Impersonate any person or entity.
- Scrape, harvest, or systematically collect data from the Platform without our prior written consent.
- Interfere with or disrupt the Platform or its infrastructure, including introducing malicious code.
- Attempt to gain unauthorised access to any part of the Platform or any other user's account.
- Violate any applicable Australian or international law.
7. Intellectual Property
All intellectual property rights in the Platform — including software, design, trademarks, and content created by us — remain owned by CertVault (Australian sole trader) or our licensors.
You retain ownership of all documents and content you upload ("Your Content"). By uploading Your Content, you grant us a limited, non-exclusive, royalty-free licence to store, display, and transmit Your Content solely as necessary to provide the Platform to you and other authorised users.
8. Document Storage and Availability
We will take reasonable steps to maintain the availability and integrity of uploaded documents. However:
- We do not guarantee continuous, uninterrupted access to the Platform.
- We recommend you maintain your own copies of any documents you upload.
- We reserve the right to remove documents that violate these Terms or applicable law.
Documents that are flagged as potentially harmful by our security scanning system may be removed immediately without notice to protect platform integrity.
9. No Verification Warranty
CertVault is a document storage and sharing platform. We do not:
- Verify the authenticity, accuracy, or currency of any certificate, licence, or document uploaded by a Worker.
- Guarantee that a Worker holds the qualifications, licences, or experience represented on their profile.
- Provide professional verification, accreditation, or compliance services.
Our security scanning checks documents for malware and threats only — it does not verify document authenticity. Employers must conduct their own due diligence when making employment decisions.
10. Limitation of Liability
To the fullest extent permitted by law (including the Australian Consumer Law):
10.1 General Cap
For any claim arising out of or in connection with the Platform, our total aggregate liability to you is limited to:
- For Workers (free accounts): the greater of AUD $5,000 or the amount you paid us in the 12 months preceding the relevant claim.
- For Employers (paid accounts): the greater of AUD $25,000 or 12 months of subscription fees you paid us preceding the relevant claim.
10.2 Data-Breach Carve-Out
Notwithstanding Section 10.1, our total aggregate liability for losses arising from a personal data breach affecting sensitive personal information (including special category data under GDPR Article 9, such as medical or immunisation records) is capped at AUD $50,000 per affected user, irrespective of subscription status. This carve-out reflects the heightened nature of sensitive-data risk and is intended to be commercially proportionate, not nominal.
10.3 Excluded Loss Categories
We are not liable for any indirect, incidental, special, consequential, or punitive loss, including loss of revenue, data, goodwill, or business opportunity. We are not liable for any content uploaded by users, or any reliance placed on such content, except to the extent CertVault has acted negligently in failing to address a credible report of harmful or unlawful content.
10.4 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or right under the Australian Consumer Law that cannot lawfully be excluded. Where a consumer guarantee applies and our liability cannot be excluded, our liability is limited to the maximum extent permitted by Section 64A of the Australian Consumer Law (typically: re-supply of the service or refund of fees paid).
11. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and receive a refund for the unused portion. You are also entitled to compensation for any other reasonably foreseeable loss or damage.
12. Termination
You may close your account at any time by contacting us at legal@certvaultapp.com. We may suspend or terminate your account immediately, without notice, if:
- You materially breach these Terms.
- We are required to do so by law or court order.
- We reasonably believe your account poses a security or legal risk.
13. Changes to These Terms
We may update these Terms from time to time. We will notify registered users of material changes by email at least 30 days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. For material adverse changes that affect your rights or obligations, you may close your account before the effective date by following the process in Section 12; closing your account avoids the changes applying to you.
14. Governing Law and Disputes
These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising under these Terms.
15. Force Majeure
Neither party will be liable for any failure or delay in performance under these Terms (other than the obligation to pay amounts already due) to the extent caused by events beyond its reasonable control, including: acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, fire, flood, network or telecommunications outages, or extended unavailability of upstream infrastructure providers (including the hosting, database, authentication, or storage services on which the Platform depends). The affected party will notify the other as soon as reasonably practicable, take reasonable steps to mitigate the effect, and resume performance as soon as practicable after the cause is removed.
16. Contact Us
If you have any questions about these Terms, please contact:
CertVault (Australian sole trader)
ABN: 51 371 573 935
2 Tandang Sora Street
Labason, Zamboanga Del Norte
Philippines 7117
Email: legal@certvaultapp.com