Terms of Service

1About these terms

These terms are an agreement between BlueArc Technologies Pty Ltd (ABN 61 690 034 121), referred to as BlueArc, we or us, and the organisation that creates an account or subscribes to BlueArc Cert, referred to as you.

The person who accepts these terms confirms they have authority to bind the organisation. Each person who signs in to your organisation must also follow these terms.

These terms cover the BlueArc Cert application at bluearccert.com. Use of this website, bluearccert.com.au, is covered by our Website terms of use. How we handle personal information is set out in our Privacy policy.

2The service

BlueArc Cert is an online service that helps an organisation prepare for and maintain compliance against recognised standards. It keeps your documents, evidence, registers, tasks and audits in one place, shows your readiness, and gives an auditor read only access to what they need.

We keep improving BlueArc Cert and may add, change or retire features. If we plan a change that materially reduces what a paying organisation can do, we will tell your organisation's owners before it takes effect.

3Preparation guidance, not certification

The requirements catalogue, templates, guidance, readiness scores and suggested actions in BlueArc Cert are general preparation guidance. They are not legal advice, they are not an audit opinion, and they do not guarantee that your organisation will be certified or will pass any audit.

Certification decisions are made by your accredited certification body. You remain responsible for your own policies, controls, evidence and decisions, and for checking that the standards and versions you work to are the ones that apply to you. Standards are owned by their publishers. Where you need the full text of a standard, obtain it from its publisher.

4Accounts, roles and security

Your organisation's owners and admins invite people and choose their role: Owner, Admin, Contributor, Reviewer or Auditor. You are responsible for who you invite, the role you give them, and removing access when it is no longer needed.

Everyone signs in with a password and a code from an authenticator app. Each person must keep their own sign in details private and must not share an account. Tell us promptly at support@bluearccert.com if you suspect someone has gained access who should not have it.

An auditor you invite sees only the audit they were invited to, read only, and only until their access ends.

5Free trial

Every new organisation starts with a free trial of 14 days. No card is needed. During the trial everything works except Export everything, which unlocks when you subscribe.

If the trial ends without a subscription, the organisation becomes read only. You can still sign in, read and download, nothing is deleted, and you can subscribe at any time to carry on where you left off.

6Price and payment

There is one plan: AUD 1,999 a year for each organisation, GST included. There are no per user fees.

Only an owner or admin can subscribe. Payment is made through Stripe Checkout, which also collects your billing address, calculates GST and records your ABN if you provide one. Card details are entered with Stripe and never reach BlueArc.

If a renewal payment fails, Stripe retries it and your organisation keeps working while it does. If the subscription is then cancelled for non payment, the organisation becomes read only until you subscribe again. Nothing is deleted.

7Renewal and price changes

Your subscription renews automatically every year unless it is cancelled before the renewal date.

If the price is going to change, we will email your organisation's owners at least 30 days before the renewal at which the new price applies. You can cancel before that renewal if you do not wish to continue.

8Cancelling and refunds

An owner or admin can cancel at any time from Manage billing in Settings, which opens the Stripe billing portal. There is no exit fee. Cancelling stops the next renewal; access continues until the end of the year already paid, and then the organisation becomes read only.

We do not give refunds for part of a subscription year that has already started, unless the Australian Consumer Law requires one or we have materially reduced the service as described in section 2. Nothing in these terms limits your rights under the Australian Consumer Law.

9Your data

Your organisation owns what it puts into BlueArc Cert. You give us permission to store, process and display it only so we can provide, secure and support the service for you.

We do not sell your data, we do not use it for advertising, and we do not use it to train any artificial intelligence model. BlueArc staff look at your organisation's data only when you ask for help or when the law requires it.

Your organisation's data is stored in Sydney, Australia. Every change is recorded in an audit trail, and evidence files are fingerprinted and kept as versions rather than overwritten, so you can show an auditor an honest history.

Owners and admins can export everything from Settings, Your data, at any time outside the free trial, including after a subscription ends. You are responsible for the accuracy of what you put in and for keeping any records the law requires you to keep.

10When a subscription ends

When a trial or subscription ends, the organisation becomes read only. Nothing is deleted, owners and admins can still export everything, and you can subscribe again at any time.

An owner can ask for the organisation to be deleted. Deletion requires a full export taken within the previous 14 days, then waits 14 days so it can be cancelled if it was a mistake. It is refused while a legal hold or retention period applies to the records. Once deletion runs, the organisation's records and stored files are removed, and backups are replaced within seven days. Deletion cannot be undone.

11Acceptable use

You must use BlueArc Cert lawfully and in line with these terms. You must not:

• try to access another organisation's data, or probe, scan, attack or disrupt the service;
• upload anything harmful, such as malware or executable files, or content you do not have the right to use;
• use the service to store or share material that is unlawful, harassing, discriminatory or knowingly false;
• resell the service, or let anyone outside your organisation use it other than auditors and people you invite for your own compliance work;
• copy, reverse engineer or build a competing product from the service, its catalogue or its templates; or
• use the service or its content to train, evaluate or feed an artificial intelligence or data system.

Files are checked when they are uploaded, and files that fail the checks are refused.

12Intellectual property

BlueArc owns BlueArc Cert, including its software, design, requirements catalogue, templates and guidance. While your organisation has access, we give you a non exclusive, non transferable right to use it for your own organisation's compliance work.

Documents you create in BlueArc Cert, including from our templates, are yours to use within your organisation, including after your subscription ends. You keep all rights in your own content. If you send us feedback or suggestions, we may use them to improve the service without any obligation to you.

13Other services you connect

Payments are handled by Stripe under Stripe's own terms. If you connect Microsoft OneDrive, SharePoint or Google Drive to bring in evidence, that connection is made under your own account and your agreement with that provider. We are not responsible for services we do not control.

14Availability and support

We take reasonable care to keep BlueArc Cert available, secure and backed up, and we give notice of planned maintenance where practicable. Like any online service it may occasionally be unavailable, and we do not promise uninterrupted or error free operation.

Support is available by email at support@bluearccert.com.

15Confidentiality

Each of us will keep the other's confidential information confidential and use it only for the purposes of this agreement, unless the other agrees or the law requires disclosure.

16Consumer law and liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded.

Subject to that, and to the extent the law allows:

• neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue or opportunity;
• each party's total liability under or in connection with these terms is limited to the fees paid or payable by you in the 12 months before the claim arose; and
• where the service is not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee is limited, at our option, to supplying the service again or paying the cost of having it supplied again.

The limit on total liability does not apply to your obligation to pay fees, a breach of confidentiality, or infringement of the other party's intellectual property.

17Suspension and termination

We may suspend access where reasonably necessary to protect the service, other customers or the law, for example during an attack or a serious breach of these terms. We will tell you promptly and restore access once the issue is resolved.

Either of us may end this agreement by written notice if the other materially breaches it and does not fix the breach within 30 days of being asked, or if the other becomes insolvent. You may also cancel at any time as set out in section 8.

18Disputes

If a dispute arises, we will each try in good faith to resolve it by talking first. If it is not resolved within 30 days, either of us may refer it to mediation before starting court proceedings. Either of us may still seek urgent relief from a court.

19Governing law

These terms are governed by the law of New South Wales, Australia, and each of us submits to the non exclusive jurisdiction of its courts.

20Changes to these terms

We may update these terms. The date at the top shows the current version. We will email your organisation's owners at least 30 days before a change that materially affects you takes effect. If you do not agree with the change, you can cancel before it applies.

21Contact