Terms of Service

1. About these terms

These terms of service ("Terms") govern your access to and use of the RapidCert website (rapidcert.co.nz) and the RapidCert platform ("Platform"). RapidCert is operated by M&L RYAN LIMITED trading as RapidCert, NZBN 9429052857768 ("we", "us", "our"). By accessing or using our website or Platform, you agree to be bound by these Terms.

2. Platform description and roles

RapidCert is a contractor/supplier prequalification platform that enables organisations to manage evaluations, collect evidence, track insurance, process payments, and manage renewals. The Platform is designed for use by programme administrators, assessors, contractors, suppliers, and their authorised representatives.

Programme administrators control their own prequalification programmes, including the questions asked, evidence required, fees charged, refund decisions, assessment criteria, assessor access, and approval or rejection decisions. RapidCert provides the technology platform and related operational services.

3. Account registration

To use the Platform, you must register an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use.

4. Prequalification data

Information submitted through the Platform, including evaluation responses, evidence documents, insurance details, and related communications, is provided to the relevant programme administrator for the purpose of prequalification assessment and programme management. You are responsible for the accuracy, completeness, and lawfulness of information you submit.

You must only submit information that you are authorised to provide. If you submit information about another person, business, insurer, subcontractor, employee, or other third party, you are responsible for ensuring you have the necessary authority to do so and that any required privacy notices or consents have been provided.

5. AI-assisted features

The Platform may include AI-assisted features that support platform operation and prequalification workflows. These features may help summarise, classify, extract, or review information submitted through the Platform, but they are intended to assist users and programme administrators, not replace their own review, judgement, or decision-making responsibilities.

Where AI-assisted features are used, users and programme administrators remain responsible for checking that information, outputs, and decisions are accurate, complete, appropriate for the relevant programme, and compliant with applicable laws and programme requirements.

6. No professional advice

The Platform, including any reminders, registers, evidence checks, insurance tracking, reports, and AI-assisted outputs, is provided as an operational tool only. RapidCert does not provide legal, insurance, health and safety, procurement, financial, compliance, or professional advice. You should obtain your own advice where needed.

7. Acceptable use

You agree not to:

• Use the Platform for any unlawful purpose
• Submit false, misleading, fraudulent, infringing, confidential, or unauthorised information in evaluations or applications
• Attempt to gain unauthorised access to the Platform or other users' accounts
• Interfere with or disrupt the Platform's operation or security
• Use automated systems (bots, scrapers) to access the Platform without our written permission
• Reproduce, distribute, reverse engineer, or create derivative works based on the Platform without our authorisation

8. Payments

Where a prequalification programme requires payment, fees are collected at the time of submission through the Platform. Payment amounts, taxes, refund eligibility, and programme-specific payment requirements are set by the relevant programme administrator unless we expressly state otherwise. Payments are processed through our third-party payment provider.

RapidCert is not responsible for programme administrator refund decisions, assessment outcomes, or programme-specific fee settings. Where a refund is approved or required, refund processing may depend on the relevant programme rules, payment provider processes, and any non-refundable payment processing charges or statutory requirements. Nothing in these Terms limits any non-excludable rights you may have under applicable law.

9. Intellectual property

The RapidCert name, logo, website, and Platform, including all software, design, and content, are our property or the property of our licensors and are protected by New Zealand and international intellectual property laws. You may not copy, modify, reverse engineer, or distribute any part of our Platform without our written consent.

You retain ownership of content you submit to the Platform. By submitting content, you grant us a licence to store, process, transmit, display, analyse, and otherwise use it as necessary to operate the Platform, provide our services, support programme administrators, maintain security, and comply with our legal obligations.

10. Availability and support

We aim to keep the Platform available, but do not guarantee uninterrupted, error-free, or secure access. We may suspend or restrict access for maintenance, updates, security reasons, misuse, legal compliance, or reasons beyond our control. We will make reasonable efforts to provide notice of planned downtime where practicable.

11. Privacy and security

Our Privacy Policy explains how we collect, use, disclose, store, and protect personal information. You must not use the Platform in a way that breaches privacy, confidentiality, data protection, spam, or electronic messaging laws.

12. Limitation of liability

To the maximum extent permitted by New Zealand law, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986 where applicable:

• The Platform is provided "as is" and "as available" without warranties of any kind, express or implied.
• We are not liable for any indirect, incidental, special, consequential, exemplary, or loss-of-profit damages arising from your use of the Platform.
• Our total liability for any claim arising from these Terms or your use of the Platform is limited to the amount you paid us in the 12 months preceding the claim.
• We are not responsible for prequalification decisions, programme requirements, assessment outcomes, refund decisions, or other acts or omissions of programme administrators or other users.

If you use the Platform for business purposes, you agree that consumer guarantees and other statutory protections are excluded or limited to the extent the law permits. If you use the Platform as a consumer, nothing in these Terms limits your non-excludable consumer rights.

13. Indemnification

You agree to indemnify and hold harmless RapidCert, M&L RYAN LIMITED, and our officers, employees, contractors, and agents from any claims, damages, losses, liabilities, costs, or expenses arising from your use of the Platform, information you submit, your breach of these Terms, your breach of law, or your violation of any third-party rights.

14. Termination

We may suspend or terminate your access to the Platform at any time if you breach these Terms, create security or legal risk, misuse the Platform, or where continued access is no longer appropriate for the relevant programme, with reasonable notice where practicable. You may close your account at any time by contacting us. Termination does not affect any rights or obligations that arose before termination.

15. Changes to these terms

We may update these Terms from time to time. Changes will be posted on this page with an updated "last updated" date. Continued use of the Platform after changes are posted constitutes acceptance of the updated Terms. Material changes may also be notified through the Platform or by email where practicable.

16. Governing law

These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms or your use of the Platform will be subject to the exclusive jurisdiction of the courts of New Zealand.

17. Contact us

If you have questions about these Terms, contact us at hello@rapidcert.co.nz.