Legal

Terms of Service

Boss Builder CPD Pty Ltd (ABN 11 693 815 084) trading as CertoCC
Last updated: 29 May 2026


1. Agreement

These Terms of Service ("Terms") govern your access to and use of the CertoCC platform operated by Boss Builder CPD Pty Ltd (ABN 11 693 815 084), trading as CertoCC ("we", "us", "our"). By creating an account or using the Platform, you agree to these Terms. If you are accepting on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

2. The Platform

CertoCC is a B2B SaaS workflow management platform designed to assist Australian construction professionals in tracking Construction Certificates (CC), Occupation Certificates (OC) and related certification documentation ("Platform"). The Platform is a tool only. It does not constitute professional advice and does not replace the professional judgement, legal obligations or statutory duties of any licensed certifier, builder or other construction professional.

3. Eligibility

You must be at least 18 years of age to use the Platform. By creating an account you represent that you meet this requirement. You may not register using false information or create an account on behalf of another person without their authorisation.

4. Your Account and Organisations

You are responsible for:

  • Providing accurate and complete registration information
  • Maintaining the confidentiality of your login credentials
  • All activity that occurs under your account, including activity by any person you invite or authorise
  • Notifying us immediately at support@certocc.com.au if you suspect unauthorised access to your account

You may belong to multiple organisations within the Platform. Each organisation is a separate tenant with its own data, members and permissions. You acknowledge that we are not responsible for third-party access to your account resulting from your failure to maintain credential security.

5. You Own Your Work

You retain full ownership of all content, documents, data and files you upload to the Platform ("Your Content"). By uploading Your Content, you grant us a limited, non-exclusive licence to store, process and display it solely as necessary to provide the Platform services to you. We will not use Your Content for any other purpose without your consent.

You are responsible for ensuring:

  • You have the right to upload Your Content and that it does not infringe any third party's intellectual property or other rights
  • Your Content complies with all applicable laws and regulations
  • You maintain independent backup copies of Your Content at all times

6. Subscription and Payment

Subscription plans and current pricing are published at certocc.com.au/pricing and may be updated from time to time. By subscribing, you agree to pay the fees applicable to your selected plan at the time of subscription.

The user who creates a project is responsible for payment. Invited counterparties (builders or certifiers added to a project) access that project at no additional charge.

All payments are processed securely by Stripe. By making a payment, you also agree to Stripe's terms of service. We do not store your credit card or financial account details. Prices are in Australian dollars (AUD) and inclusive of GST where applicable.

Multi Project subscriptions auto-renew monthly. You may cancel at any time via your account settings. Cancellation takes effect at the end of the current billing period.

7. Refunds and Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) ("ACL"). Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL.

For major failures with the service, you are entitled to cancel your subscription and receive a refund for the unused portion. For failures that do not amount to a major failure, you are entitled to have the failure rectified within a reasonable time.

Outside of your non-excludable ACL rights:

  • Per Project (one-off payment): Non-refundable once the project is created and accessible, except where required by the ACL.
  • Multi Project (monthly subscription): No refund for the current billing month on cancellation. If you cancel before a 7-day trial converts to a paid subscription, you will not be charged.
  • Service changes or discontinuation: If we materially change or discontinue the Platform, we will provide at least 30 days notice and a pro-rata refund for any prepaid period.
  • Enterprise: Refund terms as agreed in your enterprise agreement.

To request a refund, contact support@certocc.com.au.

8. Acceptable Use

You must not use the Platform to:

  • Violate any applicable law or regulation
  • Upload false, misleading or fraudulent documentation or information
  • Impersonate a registered certifier, builder or any other person or entity
  • Upload or transmit malicious code, viruses or any harmful software
  • Attempt to gain unauthorised access to any part of the Platform or its infrastructure
  • Scrape, harvest or extract data using automated tools without our written permission
  • Monitor the Platform for competitive intelligence purposes
  • Interfere with or disrupt the Platform or other users' use of it
  • Harass, threaten or harm other users
  • Share your login credentials with unauthorised parties
  • Use the Platform for any purpose other than legitimate construction certification workflow management
  • Use the Platform in any way that violates the Spam Act 2003 (Cth) or sends unsolicited commercial electronic messages

We reserve the right to suspend or terminate your account immediately and without notice if we reasonably believe you have violated this section, and to report violations to relevant regulatory authorities.

9. Platform Availability and Data

No guarantee of availability: We aim to provide a reliable service but do not represent or warrant that the Platform will be available at all times, error-free, or free from interruptions. We may perform scheduled or emergency maintenance that temporarily affects access. We will endeavour to provide advance notice of planned downtime.

No guarantee of data preservation: Online services may suffer disruptions, outages, or data loss events beyond our control. You acknowledge that you may not be able to retrieve Your Content during or after a service disruption. You are solely responsible for maintaining independent backup copies of all documents and data you upload to the Platform. We strongly recommend you do not rely on the Platform as your only copy of any document.

Third party services: The Platform relies on third-party infrastructure providers including Supabase, Stripe and Lovable. We are not liable for any failure, outage or data loss caused by these third-party services.

Usage data: We may collect aggregated, de-identified usage data about how you interact with the Platform (such as feature usage, session length and error rates) to improve our services. This data cannot identify you individually.

10. Intellectual Property

All intellectual property in the Platform (excluding Your Content) is owned by or licensed to Boss Builder CPD Pty Ltd. This includes all software, design, trademarks, logos and content. You may not copy, modify, distribute, reverse-engineer, decompile or create derivative works from any part of the Platform without our prior written consent.

11. Professional Obligations

Users who are licensed certifiers or builders remain solely responsible for compliance with all applicable legislation and professional standards, including the Environmental Planning and Assessment Act 1979 (NSW), the Design and Building Practitioners Act 2020 (NSW), the Building and Development Certifiers Act 2018 (NSW), and any other applicable federal, state or local laws. The Platform does not provide legal, certification or professional advice. Any reliance on information in the Platform for professional certification decisions is at your own risk.

12. Feedback

If you provide us with suggestions, ideas or other feedback about the Platform ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free, irrevocable licence to use, reproduce, modify and incorporate that Feedback into the Platform or other products without any obligation to you.

13. Confidentiality

Each party agrees to keep the other's confidential information secure and not to disclose it to third parties except as necessary to provide or use the Platform, or as required by law. This obligation survives termination of these Terms.

14. Privacy

Your use of the Platform is subject to our Privacy Policy at certocc.com.au/privacy, which is incorporated into these Terms by reference.

15. Disclaimer of Warranties

To the maximum extent permitted by Australian law and subject to your non-excludable ACL rights, the Platform is provided "as is" and "as available" without warranty of any kind. We expressly disclaim all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability and non-infringement. We do not warrant that:

  • The Platform will meet your specific requirements
  • The Platform will be uninterrupted, timely, secure or error-free
  • Any results obtained from using the Platform will be accurate or reliable
  • Any errors in the Platform will be corrected
  • Your Content will not be lost or damaged

16. Limitation of Liability

To the maximum extent permitted by Australian law and subject to your non-excludable ACL rights and Section 7 (Refunds):

Our total aggregate liability to you for all claims arising from or related to these Terms or your use of the Platform is limited to the total amount you paid us in the 12 months preceding the event giving rise to the claim, or AUD $500, whichever is greater.

We are not liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, loss of revenue, loss of data, loss of business opportunity, or loss of goodwill, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits our liability for:

  • Fraud or fraudulent misrepresentation
  • Death or personal injury caused by our negligence
  • Any liability that cannot be excluded under the ACL or other applicable Australian law

17. Indemnification

You agree to indemnify, defend and hold harmless Boss Builder CPD Pty Ltd and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or relating to:

  • Your use of the Platform
  • Your Content
  • Your violation of these Terms
  • Your violation of any applicable law or third party rights

18. Force Majeure

Neither party will be liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including acts of God, natural disasters, pandemic, fire, flood, war, terrorism, civil unrest, government action, internet or infrastructure outages, power failures, or failure of third-party service providers. The affected party will notify the other as soon as practicable and use reasonable efforts to minimise the impact.

19. Changes to Terms

We may update these Terms from time to time. We will provide at least 14 days notice of material changes by email or via the Platform. If you do not agree to the changes, you may terminate your account before the effective date and receive a pro-rata refund for any prepaid period affected by the change. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms. Changes required to comply with applicable law take effect immediately.

20. Suspension and Termination

By you: You may terminate your account at any time via your account settings or by contacting support@certocc.com.au.

By us: We may suspend or terminate your account immediately and without notice if: you breach these Terms; you fail to pay any amount owing; we reasonably believe your use poses a security risk; or you become subject to insolvency proceedings. We may also terminate with 30 days notice for any other reason.

On termination: Your access to the Platform will cease. We will retain Your Content for 30 days following termination to allow you to export it, after which it will be deleted unless we are legally required to retain it longer. You remain responsible for all charges accrued prior to termination.

21. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Boss Builder CPD Pty Ltd with respect to the Platform and supersede all prior agreements, representations and understandings. No failure by us to enforce any provision of these Terms constitutes a waiver of our right to enforce it subsequently. No failure or delay by us in exercising any right or remedy under these Terms constitutes a waiver of that right or remedy. A waiver is only effective if given in writing.

23. Dispute Resolution

If a dispute arises between you and us in connection with these Terms or the Platform, either party must give the other written notice describing the dispute. The parties agree to attempt to resolve the dispute in good faith through negotiation for at least 30 days following that notice before commencing any court proceedings. Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court where necessary to protect their rights.

24. Assignment

You may not assign, transfer or sublicense your account or any rights or obligations under these Terms to any other person or entity without our prior written consent. We may assign or transfer these Terms, or any of our rights or obligations under them, to a successor entity in connection with a merger, acquisition, restructure or sale of all or substantially all of our assets, without your consent. We will notify you of any such assignment. If you do not agree to the assignment, you may terminate your account within 30 days of receiving notice and receive a pro-rata refund for any prepaid period.

25. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales. Nothing in these Terms limits any rights you may have under the ACL or other non-excludable applicable law.

26. Contact

Boss Builder CPD Pty Ltd (ABN 11 693 815 084) trading as CertoCC
Email: support@certocc.com.au
Website: certocc.com.au