NQA IT System Terms and Conditions

You and your means the user of the National Quality Agenda (NQA) IT System.

Our, us, we and ACECQA means the Australian Children’s Education and Care Quality Authority.

1. The NQA IT System (the System) is managed by ACECQA.  Your registration for the System is deemed to be your acceptance of these terms of use. Please read them carefully.

2. You agree to use the System only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the System by any third party.

3. You acknowledge that the provision of false or misleading information to the Regulatory Authority or ACECQA is an offence under the Education and Care Services National Law and if you don’t meet this obligation, You may be subject to penalties.

4. You agree to:

• keep your System login and password secure and confidential at all times;
• that you are fully responsible for all conduct carried out under this password and login;
• not permit any other person to use your System login password; and
• change your password regularly and if/when prompted.

5. We strive to protect information you provide on the System. We will use all reasonable endeavours to ensure that the System, along with Your information, are not compromised. However, we cannot guarantee that no harmful code will enter the System. You should be aware of the risks associated with using websites.

6. If you experience a problem or loss that occurs while using the System, We do not take responsibility for causing the problem.  You agree that to the extent permitted by law, ACECQA is not liable for that loss or expense. We will, however, do our best to help you if we can.

7. You agree to indemnify ACECQA against any loss, expense or liability reasonably incurred by us in relation to your use of the System, where that loss, expense or liability results from your wilful misconduct or negligence.

8. Where connection to a system or website outside our control compromises the objectives of the System, We may sever links to that website or system.

9. You should have appropriate and up-to-date firewall and anti-virus software to protect your computer system.

10.  We  do not provide any promises in relation to:

• meeting your costs of accessing the System.
• uninterrupted or error-free access to, and use of, the System.
• the System or any files available for downloading being error free or free from viruses, faults or defects.
• the content of the System being accurate, complete, or suitable for a particular purpose.

11.  You must not do anything that alters the System or interferes with or affects its working. This includes removing anything from it, adding anything to it (other than permitted contributions) and distributing any part of it to anyone else.

12.  The material on the System is not a substitute for independent professional advice and you should obtain any appropriate professional advice relevant to your particular circumstances. You must exercise your own judgment and carefully evaluate the material on the System.

13.  Material accessed via an external link from the System is not owned or controlled by ACECQA and is subject to the terms of use of the external website.

14.  For information about how your privacy and personal information are protected, please refer to the privacy statement on the ACECQA website.

15.  For information about copyright, please refer to the copyright statement on the ACECQA website.

16.  If any of these terms of use are held to be invalid, unenforceable or illegal for any reason, the remaining terms of use will continue in full force.

17.  Please note that these terms and conditions of use may change from time to time. This policy was last updated in March 2024.

18. These terms are governed by the laws in force in the state of New South Wales where our office is located.  You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.