1. Using our Website
You may only use our website in accordance with these Terms.
When creating your Workerchecks.com account, you must ensure you provide us with accurate and complete information.
If you are creating an account on behalf of someone else, a company, organisation, agency or other party, you represent and warrant that you have obtained authorisation from that party to grant all permissions and licenses under these Terms. You further represent and warrant that you bind such party to these Terms and that you agree on that party’s behalf to these Terms.
In accordance with our Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to use our website.
**Continuing monitoring and alerting service for compliance checks of care and support workers occurs on the following basis:
i. Check Products
A. For National Police Checks – the last check completed will be displayed for up to twelve months (where after 12 months it is deemed “non-current” and will be deleted from the Workerchecks.com System and unavailable for display.
B. Where workers subscribe to plans that enable renewal of National Police checks at a frequency shorter than 12 months (renewal by re-screening every 3 or 6 months) – the most recent check results will be displayed.
C. Where workers have indicated that they work with children (under the age of 18) and have provided the details of their Working With Children registration details (Working with the Vulnerable in some jurisdictions) – Workerchecks.com will screen and record the results weekly utilising the relevant jurisdiction’s service. The result of this weekly check is updated on the relevant care or support workers’ record in the blockchain.
D. All checks and records are accessible on the Workerchecks.com web application by the care or support worker who owns this information if they have a registered worker account.
E. Checks and records are accessible by others (for example employers, orgnisations are individuals acting as an organisation) who have registered under the Business Plan AND ONLY where the worker grants access within the Workerchecks.com web application to enable the registered third party to view.
F. Workerchecks.com queries, aggregates, displays and provides an alerting service using sources provided by the relevant government departments in each state or territory. Workerchecks.com provides the following:
i. Information Collection and Display:
a. Weekly check against the relevant system.
b. Weekly update against the relevant record from the blockchain and accessible in the Workerchecks.com smartphone application.
c. Continuous updating of management console for business users of any flag / alert events in addition to (i) upcoming and past expiry dates for worker checks and (ii)worker “revoke sharing” instances (which would prevent business becoming aware of any alert events).
Workerchecks.com will provide the following additional alerts to the subscriber if there is any check result that is not deemed clear:
a. Text message alerting the Business subscriber as to a non-clear check result and the particular worker flagged.
b. Telephone call within six (6) hours of the “non-clear” check result being received by Workerchecks.com
c. Alert email to the email account registered with the Business Plan subscriber within six (6) hours of the non-clear check result being received by Workerchecks.com
d. Alert / flag update in the Workerchecks.com system in the Business or Guardian Plan dashboard. Alerts / flags will also display in the Business Users management console.
NB: Although Workerchecks.com provides an alerting service, it does not provide any follow up or law enforcement service.
Under these Terms, we allow you to provide us with content, including personal information and other materials through our website. Whatever you provide us with will be considered “Your Content”.
You will retain all of the rights in, and are solely responsible and liable for your Content.
You grant to us and our users a non-exclusive, royalty-free, transferable, sub-licensable worldwide perpetual license to use, publish, display, distribute, reproduce, translate, adapt, modify and store Your Content through our website in any way at all without any duty to account to you.
You agree that you will not provide us with content through our website or through our website servers that restricts or inhibits any other user from using or enjoying our website.
We reserve the right to remove Your Content at any time and for any reason.
You agree that we may retain copies of Your Content after you have removed same or your account has been deactivated.
3. Intellectual Property Rights
All Intellectual Property Rights on this website are either licensed to or are the property of Workerchecks.com and these Terms do not convey to you any right, title or interest in them.
You acknowledge that all Intellectual Property Rights on this website are owned by Workerchecks.com and created by Workerchecks.com in the course of supplying its services via this website vest in Workerchecks.com.
We respect the security of our users and work hard to protect the security of your account.
However, we cannot promise that unauthorised third parties will not try to attack our security systems.
Please inform us immediately if you believe there has been any suspected or actual unauthorised access to your account.
5. Links to outside our Website
Our website may contain links to other websites.
Accordingly, we may not be responsible for such websites, including any information, content, material, or goods or services contained by them especially if they do not belong to us.
If you gain access to any such websites, you agree that you are doing so at your own risk and that we will have no liability arising from your use or access to such websites.
We may terminate or suspend the licence we grant to you under these Terms at any time.
These Terms survive termination of our licence.
We assume no responsibility or liability for Your Content and any content that other users provide or otherwise make available through our website. You acknowledge and agree that your access to and use of our website may subject you to content which is not always a hundred percent accurate, complete, correct, useful, true or suitable for you and your purposes, however Workerchecks.com will always use its reasonable endeavours to ensure the same.
To the maximum extent permitted by law, we disclaim any and all warranties and conditions of any kind, including the matching of any description, fitness for any purpose, absence of any defect, merchantability, and non-infringement of intellectual property, and any warranties arising in the course of any commercial activity.
8. Limitations of Liability
To the maximum extent permitted by law, you agree that by using our website we shall not be liable for any damages, or any loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use our website, any conduct or content of any third party provided through our website.
You agree to indemnify and hold us harmless, as well as our directors, officers, employees, contractors and agents from any actions, claims, costs and expenses, damages, demands, disputes, losses and proceedings brought by third parties directly or indirectly related to your access and use of our website, Your Content and any content that other users provide or otherwise make available through our website, and your violation of any of our Terms.
10. Dispute Resolution
If you claim that a dispute has arisen under or in connection with these Terms (“Dispute”), then you must give notice of the Dispute (“Dispute Notice”) to Workerchecks.com.
You agree that the Dispute must not be the subject of litigation until this clause 10 has been complied with (except where you or Workerchecks.com seeks urgent injunctive relief from a court in which case that party does not need to comply with this clause 10 before seeking such relief).
You must then try and resolve the Dispute with Workerchecks.com by mutual negotiation.
You agree that if you are unable to resolve the Dispute with Workerchecks.com within twenty-eight (28) days (or such other period agreed between the parties) after the date of the Dispute Notice, then you may seek legal recourse.
11. Governing Law
These Terms shall be governed by the laws of the State of Victoria in Australia. By continuing to access or use our website, you agree to submit to the jurisdiction of the courts of that state.
Our website is controlled and operated from Australia, and we make no representation that it is suitable or available for use in other territories other than Australia.
12. General Terms
We may revise these Terms from time to time and the latest version will always be the one available on our website. By continuing to access or use our website, you agree to be bound by the Terms regardless of any changes to our Terms. If you do not agree to any such new Terms, you must discontinue using our website immediately.
Without restriction, we may assign or transfer any rights and licenses granted hereunder, however you may not do so under our Terms.
Any failure by Workerchecks.com to assert any right or provision under these Terms shall not constitute a waiver of such right or provisio