Terms and Conditions
Last revised: 22 December 2021
Business User: a representative of an organisation who completes a registration process via Quescreen.com. A Business User can request a User to complete a Quescreen by logging into the Quescreen portal or by downloading the Quescreen App.
User: an individual completing a Quescreen via Quescreen.com or the Quescreen App.
You: where a legal obligation to WHA Screening Pty Ltd or right applies to each or either of the Business User and User.
By downloading or installing the Quescreen App and/or accessing the Quescreen.com website (Quescreen Website), You acknowledge that You have read, understood and agree to abide and comply with these Terms and Conditions. WHA Screening Pty Ltd trading as Quescreen (Quescreen, We, Us, Our) may revise the Terms and Conditions at any time. Continued use of the Quescreen App and/or Quescreen Website following any changes to the Terms and Conditions will constitute Your acceptance of any changes. If You do not agree to these Terms and Conditions, You agree not to, and will not use either of the Quescreen App and Quescreen Website.
If a User is under 18 years of age, then the User must obtain parent or guardian consent before completing a Quescreen provided by the Quescreen App or accessible from the Quescreen Website.
Quescreen is a human health risk screening tool for the workplace environment. Quescreen quickly assesses a person’s suitability on physical and/or human health risk grounds for employment against a Defined Job Role before determining if further information and/or screening is required to complete the assessment.
Defined Job Role
Defined Job Roles are aligned to the Australian and New Zealand Standard Classification of Occupations (ANZSCO) code current at the time a particular Quescreen is completed.
A Business User can search for the appropriate job role in Quescreen, tailor the duties and responsibilities for that job role, tailor the risk profile* as appropriate, and allocate the Quescreen to a User to complete.
* a risk profile contains common actions performed in a particular job role (including repetitive actions, strength actions), information about the work environment (including environmental conditions and hazard exposure), other requirements including immunisation, physical requirements and personal protective equipment, and optional question groups including truck safe and mental health).
It is not mandatory to tailor any of the Defined Job Roles or risk profile templates. A User may satisfy the requirements for more than one Defined Job Role under ANZSCO, and may undertake more than one Quescreen. A fee applies to each Quescreen undertaken.
If a Business User or User choose to use a workplace email address for a Quescreen then the Business User and/or User are solely responsible for ensuring compliance with the rules, policies or protocols that apply to the use of the Business User and/or User’s workplace email address.
You may use the Quescreen App and/or Quescreen Website for lawful purposes in accordance with these Terms and Conditions. In no event may the Quescreen App or Quescreen Website be used in a manner that:
- is unlawful, fraudulent or deceptive;
- uses technology or other means to access the Quescreen App or Quescreen Website that is not authorised by Quescreen;
- use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Quescreen App or Quescreen Website;
- attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or, telecommunications equipment;
- attempts to gain unauthorised access to Quescreen’s computer network or Business User accounts;
- encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
- attempts to damage, disable, overburden, or impair Quescreen servers or networks;
- will reproduce, duplicate, copy, reverse-engineer, sell, resell or exploit any portion of the Quescreen App or Quescreen Website without the prior express written permission of Quescreen;
- fails to comply with any of these Terms and Conditions.
We reserve the right, in Our sole discretion, to terminate access by any Business User, User or other person to the Quescreen App or the Quescreen Website, or assert legal action with respect to the Quescreen App or Quescreen Website use or content, that We reasonably believe is or might be in breach of these Terms and Conditions.
Personal, Health and Medical Related Information
You agree to the collection and sharing of information including personal information as described in Quescreen’s Privacy Statement, which is available via the Quescreen App or Quescreen.com.
Fees and Charges
We will charge a Business User, and a Business User agrees to pay Our fee for each Quescreen purchased by it for a User. Results are only provided to the Business User who purchased a Quescreen to assess a User’s suitability on physical and/or health grounds for employment against a defined Job Role. The User retaining the ability to access their personal profile, including their last name/surname, first name, preferred name, middle name (if applicable), date of birth, gender, drivers licence status and category, height, weight, current medications (if applicable), COVID-19 vaccination status and other broad lifestyle and medical history information) and responses to the questions provided in the Quescreen.
Pricing is available via Quescreen.com.
Purchasing Bulk Quescreen’s
A Business User is able to purchase 20 or more Quescreen credits at any one time and attract a discount on the fee per Quescreen. Pricing is available via Quescreen.com. Quescreen credits can be applied to any defined Job Role and are valid for 12 months.
Business Users agree to pay any fees and charges incurred by them for a Quescreen using the online payment methods available via Quescreen.com.
Credit Card: If We are unable to successfully process a credit card payment for a Quescreen request that is otherwise accepted by Us, then We will immediately notify the Business User who provided the credit card details of the dishonour and will not process the Quescreen request unless and until payment is made.
Invoice: Quescreen will issue a Business User with a valid Tax Invoice (plus applicable GST) where the Business User purchases a Quescreen for a User. Tax Invoices will be immediately issued via email.
Credit Check: A Business User can elect to apply for a credit check, available in the Business User Account. The credit check will require the Business User to provide details of their name, ABN/ACN, address, contact person, contact email address and telephone number, along with the name and contact details of at least one Director. If a credit check is approved by Us, Quescreen may offer the Business User an account to purchase Quescreens by invoice on payment terms as an alternative to payment by credit card.
Business User Account
A Business User representative can register a Business User Account. A Business User Account is an account identifier created for a Business User to log into Quescreen.
The account identifier is an email address and password nominated by the Business User representative. A Business User can nominate key personnel within the business to access the Business User Account, to purchase a Quescreen Assessment of a User. A Business User can nominate authorised representatives who are permitted to use that Business Account. The Business User is responsible for all Quescreen’s purchased by its nominated authorised representatives for completion by a User or by its nominated authorised representatives.
A User Account is an identity created for a User to log into Quescreen. The account identifier is an email address and password nominated by the User. A User can complete a Quescreen after that Quescreen is requested and paid for by a Business User.
Termination of Accounts (Business and Individual)
We reserve the right to terminate a Business User or User Account if We, acting reasonably, determine that a Business User and/or User have acted in breach of these Terms and Conditions or have used the Quescreen App or Quescreen website in a fraudulent or improper manner.
Should a Business User apply for and be granted credit on account, the Business User agrees to pay for all charges within 14 days from the date of the valid Tax Invoice. Quescreen reserves the right to deny service and/or seek legal action to recover unpaid amounts exceeding Our payment terms which may include part of or all legal and administrative costs associated with recovering the debt.
Late Payment Penalties
A Business User granted credit on account who does not comply with Our payment terms may accrue late interest at 2% of the outstanding balance on the account per month. We may suspend further Quescreen purchases on account to a Business User until such amount is paid in full.
All refunds of any unused pre-purchase credits are subject to approval, please allow 72 hours after requesting a refund for the request to be processed. All reasonable requests for a refund will be made after it has been confirmed no fees or charges remain outstanding. All refunds will be processed using the credit card that made the original payment, a refund confirmation will be sent to the email used to make the original Quescreen purchase.
Accuracy of Billing and Account Information
We reserve the right to refuse any Quescreen request a Business User places with us. We may, in our sole discretion, limit or cancel quantities purchased by a Business User. These restrictions may include orders requested by or under the same Business User account, the same credit card, and/or orders that use the same billing address. In the event that We make a change to or cancel a request, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the request was made.
We reserve the right to limit or prohibit Quescreen requests that, appear to be placed by dealers, resellers or distributors of pre-employment checks.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account details and other information, including your email address if there are any changes to them, by logging into your Quescreen account accessible via Quescreen.com, so that we can contact you as needed.
Quescreen Website and App
Use of the Quescreen Website and Quescreen App is subject to the terms and conditions of use published on the Quescreen Website and with the Quescreen App, as varied from time to time.
If a Business User or User is issued a username and password for the Quescreen Website and/or Quescreen App, We are entitled to rely on any actions taken using that username and password and are not liable for any loss or damage resulting from their incorrect or unauthorised use.
You agree to indemnify Us and keep Us indemnified against all and any demands, claims, actions and proceedings made by any third person in connection with or arising out of Your use of the Quescreen App or Quescreen Website including any other person using Your username and password.
Limitation of Liability
You expressly acknowledge, understand and agree We are not and will not be liable to You or to any third party for:
- any indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by You, however caused; including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; and
- any loss or damage which may be incurred by You as a result of:
- any changes which We may make to the Quescreen App or Quescreen Website, or for any permanent or temporary cessation in the provision of the Quescreen product (or any features within Quescreen App or Quescreen Website);
- your failure to provide Us with accurate account information (for Quescreen Business Users); and
- Your failure to keep your Quescreen log-in details secure and confidential.
Copyright and Intellectual Property
Unless otherwise indicated, the content and any other Intellectual Property arising out of or of Your use of the Quescreen App or Quescreen Website, are the exclusive property of WHA Screening Pty Ltd trading as Quescreen.
Quescreen grants to each of the Business User and User permission to use the Quescreen App and Quescreen Website in accordance with and subject to these Terms and Conditions. Quescreen does not grant You any other rights whatsoever in relation to the Quescreen App, Quescreen Website or the related Intellectual Property. All other rights are expressly reserved by WHA Screening Pty Ltd trading as Quescreen.
We retain all rights, title and interest in and to the Quescreen App and Quescreen Website and all related Intellectual Property. Nothing either or both of the Business User or User do on or in relation to the Quescreen App or Quescreen Website will transfer any Intellectual Property Rights to either the Business User or User.
Disclaimer of Warranties
Each of the Business User and User expressly understand and agree that Your use of the Quescreen App and Quescreen Website is at Your sole risk and that the Quescreen App and Quescreen Website is provided "AS IS" and "AS AVAILABLE."
In particular, We do not represent or warrant to You that:
- Your use of the Quescreen App or Quescreen website will meet any or all of Your requirements;
- Your use of the Quescreen App or Quescreen website will be uninterrupted, timely, secure or free from error;
- any information obtained by You as a result of Your use of the Quescreen App or Quescreen Website will be accurate, reliable or without error; and
- that defects in the operation or functionality of any software provided to You as part of the Quescreen App or Quescreen Website will be corrected.
Results downloaded or otherwise obtained through the use of the Quescreen App or Quescreen Website is at Your own discretion and risk, and You are solely responsible for any damage to Your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by You from Quescreen or through or from the Quescreen App or Quescreen Website creates or includes any warranty which is not expressly stated in these Terms and Conditions.
We reserve the right to change or modify these Terms and Conditions or any other policies related to use of the Quescreen App or Quescreen Website at any time at Our sole discretion by posting revisions on the Quescreen App or Quescreen.com. Continued use of the Quescreen App or Quescreen Website following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
If any of the Terms and Conditions are deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and do not affect the validity and enforceability of any remaining provisions.
The Quescreen App and Quescreen Website are intended to be accessed by Australian and New Zealand users only, with the laws of Tasmania applying.
Nothing in these Terms and Conditions is to be interpreted as excluding, restricting or modifying the application of any legislation applicable to the use of the Quescreen App or Quescreen Website which cannot be so excluded, restricted or modified.
We take any concern or complaint arising out of or in relation to the Quescreen App or Quescreen Website seriously and will seek to resolve them with You including by mediation if required.