These Terms set out the terms and conditions on which BlueQ will provide the User with access to and use of the WWCC Checker.

By clicking the 'I accept' button or otherwise submitting data to the WWCC, the User agrees that they have read, understood and will be bound by these Terms. Where the User enters into these Terms on behalf of an organisation, the User represents to BlueQ that it is authorised to submit Working with Children Check card (or equivalent), or other information, to BlueQ on behalf of an individual or their organisation and has the authority to bind their organisation to these Terms.

IMPORTANT DISCLAIMER, PLEASE READ:

Any information and results generated as a result of using the WWCC Checker are indicative only and do not constitute a recommendation by BlueQ or any other person regarding whether or not an individual holds a valid Working with Children Check Card (or equivalent) nor an individual’s suitability or fitness to engage in child related work.

The WWCC Checker (including any results or information generated using the WWCC Checker) are provided for general information purposes only and will not take into account the specific circumstances relevant to the validity of a Working with Children Check card (or equivalent) nor an individual’s suitability or fitness to engage in child related work. These results or information are also based on the information a user submits. As a result BlueQ cannot guarantee the accuracy of the results or information.

BlueQ does not provide legal advice or legal services. You should not use or rely on the results or information generated using the WWCC Checker or any templates, information or materials provided by BlueQ as a substitute for otherwise ensuring that an individual holds a valid Working with Children Check card (or equivalent) or whether an individual is suitable or fit to engage in child related work.

BlueQ cannot be held responsible for and does not provide any implied warranties or guarantees regarding the WWCC Checker or the accuracy, completeness or currency of any results or information generated using the WWCC Checker or any templates, information or materials provided by BlueQ in relation to the WWCC Checker.

BlueQ and the WWCC Checker are not affiliated or associated in any way or manner with any state government or government department.

1 Definitions and Interpretation

1.1 Definitions

In these Terms, unless the context otherwise requires:

  1. Assessment Results means the information and data generated as a result of the use of the WWCC Checker, such as an indication as to the validity of a Working with Children Check card (or equivalent).
  2. BlueQ means Clasity Pty Ltd ACN 168 117 259 (trading as BlueQ) of 1/143 Cecil Street South Melbourne VIC 3205.
  3. WWCC Checker means access to the online tool developed by BlueQ to assist Users to assess the validity or currency of an individual’s Working with Children Check card (or equivalent) located at https://blueq.com.au/wwcc-verification/ and the provision of any templates, materials and other information made available by BlueQ.
  4. Consequential Loss includes indirect loss, loss of revenue, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain, lost opportunities, including opportunities to enter into arrangements with third parties, loss of use, loss of or damage to data, cost of capital or costs of substitute goods, facilities or services.
  5. Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and whether direct loss or Consequential Loss.
  6. User means any person or organisation who registers for, or otherwise accesses Assessment Results through use of the WWCC Checker or otherwise uses or receives the WWCC Checker.
  7. Terms means these Terms and Conditions.
  8. the singular includes the plural and vice versa and if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
  9. the meaning of general words is not limited by specific examples introduced by 'includes', 'including', 'for example', 'such as' or similar expressions;
  10. a reference to a person includes an individual, a partnership, a corporation or other corporate body, a joint venture, a firm, a trustee, a trust, an association (whether incorporated or not), a government and a government authority; and
  11. no provision of these Terms will be construed to the disadvantage of a party merely because that party was responsible for the preparation of these Terms or the inclusion of a provision in these Terms.

2 Access to WWCC Checker

BlueQ may, at its discretion, provide the User with access to and use of the WWCC Checker. The User acknowledges that BlueQ retains the sole discretion regarding the features, functions and other benefits of the WWCC Checker and BlueQ may at any time vary, modify or suspend the features, functions and other benefits available to Users in respect of the WWCC Checker or any User's access to or use of the WWCC Checker.

3 User acknowledgements

The User acknowledges and agrees that:

  1. BlueQ only provides information that may assist the User to assess whether a Working with Children Check card (or equivalent) is valid and does not provide professional or legal advice regarding whether an individual is suitable to engage in child related work;
  2. Assessment Results are indicative only and do not constitute a recommendation by BlueQ or any other person regarding whether or not an individual holds a valid Working with Children Check card (or equivalent) nor whether that individual is suitable and fit to engage in child related work;
  3. the WWCC Checker does assess compliance with other Commonwealth, state or territory legislation intended or designed to promote the safety and wellbeing of children or which may otherwise apply to or regulate an individual or an organisation;
  4. templates, materials or information provided by BlueQ to the User are intended to be illustrative and for information purposes only, should not be relied on and are not a substitute for obtaining professional legal advice or assistance in relation to whether an individual holds a valid Working with Children Check Card (or equivalent) or whether an individual is suitable and fit to engage in child related work;
  5. Assessment Results are based on the information the User submits. As such, the Assessment Results are provided for general information purposes only and do not take into account all of the specific circumstances relevant to an individual or your organisation;
  6. the Assessment Results are not determinative of or evidence of whether an individual holds a valid Working with Children Check card (or equivalent);
  7. the User should conduct their own independent checks and investigations in making decisions regarding the validity of an individual’s Working with Children Check card (or equivalent) or whether an individual is suitable and fit to engage in child related work and should not rely on the Assessment Results in making such assessments;
  8. BlueQ does not guarantee the accuracy of Assessment Results;
  9. BlueQ does not provide legal advice or legal services; and
  10. to the maximum extent permitted by law, BlueQ makes no representations either expressly or impliedly concerning the WWCC Checker or any Assessment Results and BlueQ accepts no liability whatsoever in connection with the WWCC Checker or any Assessment Results.

4 User Obligations

The User:

  1. is solely responsible for maintaining all hardware, software and other technology necessary to be able to access and use the WWCC Checker;
  2. must not commercially exploit, lease, lend, sell, licence or otherwise dispose of all or any part of the WWCC Checker;
  3. must not make Assessment Results or any templates, information or other material supplied by BlueQ publically available; and
  4. must use the WWCC Checker and Assessment Results solely for its internal business purposes.

5 Confidentiality

In return for BlueQ allowing the User to access the WWCC Checker the User agrees that it will:

  1. treat all Assessment Results which is disclosed to the User as secret and confidential; and
  2. not make any use of the Assessment Results other than as expressly permitted under these Terms.

6 Security of Information

BlueQ will take reasonable steps to protect the security of information transmitted to and from the WWCC Checker. However, BlueQ does not provide any warranties regarding the security of the WWCC Checker or information and data transmitted to and from the WWCC Checker and all use of the WWCC Checker or transmissions of information and data to or from WWCC Checker are at the User's risk. BlueQ does not provide any commitments that Assessment Results or other data relating to the Users use of the WWCC Checker will be stored or available for any period of time. Assessment Results or other data relating to the Users use of the WWCC Checker may be deleted or retained at the discretion of BlueQ. BlueQ cannot guarantee that any file or program available for download and/or execution from or via the WWCC Checker is free from viruses, malicious code or other conditions which could damage or interfere with data, hardware or software with which it might be used.

7 Communication

By registering to receive Assessment Results, you acknowledge and consent to BlueQ communicating with you (including electronically) to provide information, advertising, promotional or other marketing material. If you do not wish to receive such information or communications, you can unsubscribe by contacting BlueQ or by clicking the unsubscribe link included in all of our electronic marketing material.

8 Intellectual Property Rights

The User acknowledges that BlueQ owns all of the intellectual property rights (including copyright) and related rights in the WWCC Checker, the Assessment Results and any templates, materials or related information supplied to the User by BlueQ. Nothing in these Terms grants the User any ownership of any intellectual property in the WWCC Checker, the Assessment Results or any templates, materials or related information supplied to the User by BlueQ. Where BlueQ supplies Assessment Results or any templates, materials or related information to the User, BlueQ grants the User a personal, non-exclusive and revocable licence to use the same solely for the internal business purposes of the User.

9 Suspension and Termination of the WWCC Checker

The User agrees that BlueQ may at any time and without any obligation to give notice to the User permanently disable the User's access to the WWCC Checker or permanently cease providing the WWCC Checker. The User agrees that it cannot make any claim against BlueQ for any loss or damage suffered by the User as a result any action taken by BlueQ pursuant to this clause 9.

10 No Express Warranties

To the fullest extent permitted by law, BlueQ does not provide any warranties or guarantees regarding the WWCC Checker or any of the information stored on or accessible from the WWCC Checker, including Assessment Results. Without limiting the above or any other provision of these Terms, BlueQ does not provide any representations or warranties that:

  1. the use or operation of the WWCC Checker will be uninterrupted or error-free;
  2. the WWCC Checker (or any of its functions) are suitable for any particular purpose or have any performance, functionality or security features;
  3. Assessment Results and BlueQ Products will be accurate, reliable or fit for any particular purpose; or
  4. the WWCC Checker or any of the information stored on or accessible from the WWCC Checker will be compatible with any other computer software, computer hardware or other technology.

11 Liability

11.1 Limitation of liability

  1. To the fullest extent permitted by law, BlueQ excludes all liability for any Loss, however caused, suffered by the User in connection with these Terms or its access to or use of the WWCC Checker. To the extent BlueQ is liable to the User in connection with these Terms or the WWCC Checker, the maximum aggregate liability of BlueQ's for all liability suffered or incurred by the User in connection with these Terms will be limited to $1,000.
  2. Nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of any applicable provisions of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (or any equivalent State or Territory legislation) (Australian Consumer Law) or the User's rights to make a claim in respect of any consumer guarantees or other provision of the Australian Consumer Law.
  3. If the User is a "Consumer" for the purposes of section 3 of the Australian Consumer Law and the goods and services which BlueQ provides are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then BlueQ's liability to the User in relation to any claim relating to the User's access and use of the WWCC Checker or otherwise arising under or in connection with these Terms is limited, at BlueQ's election and discretion to:
    1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
    2. in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
  4. To the extent permitted by law, all claims arising under or in connection with these Terms must be commenced within six months of the relevant events giving rise to the claim first occurring and all claims not commended within such period are absolutely and forever barred.
  5. The limitations of BlueQ's liability in this clause 11.1 and the exclusions in clause 11.2 apply whether the claim is in contract, tort (including without limitation, negligence) equity or otherwise and even if BlueQ has been notified of the possibility of such Loss or damage and the User agrees that BlueQ's liability, if any, to the User at law will be reduced by the extent, if any, to which the User contributed to the Loss.

11.2 Consequential Loss

Without limiting clause 11.1 and subject to clause 11.1(b), BlueQ is not liable in any circumstances for any Consequential Loss (however caused) suffered or incurred by the User in connection with these Terms or the use of the WWCC Checker. This clause applies even if BlueQ knew or ought to have known that the relevant Consequential Loss would be suffered or incurred by the User.

12 Privacy

Any personal information collected by BlueQ in connection with these Terms or the use of the WWCC Checker by the User, will be collected, maintained and used in accordance with BlueQ’s privacy policy located at https://www.blueq.com.au/docs/legal/privacy-policy.pdf.

13 Variation

BlueQ may, at its sole discretion, vary or modify these Terms without notice. Any subsequent use of the WWCC Checker by the User will constitute an acceptance of those modifications and an intention on the part of the User to be bound by the modified Terms.

14 General

  1. Nothing in these Terms constitutes the parties as partners or joint venturers or constitutes any party as the agent of another party or gives rise to any other form of fiduciary relationship between the parties.
  2. These Terms will be construed and interpreted in accordance with the laws of the state of Victoria, Australia and each party submits to the non-exclusive jurisdiction of courts of that jurisdiction.
  3. The User may not assign or otherwise deal with any of its rights or obligations under these Terms without the prior written consent of BlueQ. BlueQ may assign, novate or otherwise deal with its rights under these Terms at any time effective immediately upon BlueQ notifying the User of the assignment or novation.
  4. These Terms constitutes the entire agreement between the parties with respect to its subject matter and supersedes all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties or their respective officers, employees or agents.
  5. If any provision of these Terms is invalid or not enforceable in accordance with its terms in any jurisdiction, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
  6. No failure to exercise or delay in exercising any right given by or under this agreement to a party constitutes a waiver and the party may still exercise that right in the future.
  7. The User agrees and acknowledges that BlueQ may subcontract the performance of any of its obligations or the exercise of any of its rights under this agreement to any person without the consent of the User and on such terms and conditions as BlueQ deems fit from time to time.