These terms and conditions apply to the services provided by National Crime Check Pty Ltd ACN 139 183 145 (National Crime Check) to you.
By requesting an Agency Check (including without limitation a Police Check or VEVO Check) or otherwise registering for, or using, the Services, you (Customer) agree that you:
a. have read and understood these terms and conditions; and
b. will be bound by, and will abide by, these terms and conditions.
If you do not wish to be bound by these terms and conditions, please do not request an Agency Check, or otherwise register for, or use the Services.
1. Defined Terms & Interpretation
1.1 Defined Terms
In these terms and conditions, unless the contrary intention appears:
Access Link has the meaning given in clause 2(c).
ACIC means Australian Criminal Intelligence Commission the principal provider of Police History Information.
Agency Check includes Police Checks, VEVO Checks, Bankruptcy Checks, International Checks and any other check, verification, document or data file containing Agency Information that National Crime Check provides to the Customer in conducting the Services.
Agency Information includes the information about an individual received by National Crime Check from a Government Agency or other authorised third party in conducting the Services, including without limitation Police History Information and Visa Entitlement Information.
Bankruptcy Check means the document or data file that National Crime Check provides to Customer(s) containing personal insolvency information received from the Australian Financial Security Authority about an individual.
Business Day means a day in the State of South Australia, Australia that is not a Saturday, a Sunday or a gazetted public holiday in that State.
Business Hours means the period between 9.00am and 5.00pm on a Business Day.
Claim means a claim, demand or proceeding arising out of a cause of action, including breach of contract, tort (including negligence) and any other common law, equitable or statutory cause of action.
Commencement Date means the date that National Crime Check notifies the Customer of National Crime Check's acceptance of the Customer Request submitted by the Customer through the Website or other manner accepted by National Crime Check (and whether such notification is by email, by onscreen confirmation of acceptance or otherwise).
Confidential Information of a Disclosing Party means:
i. information that is by its nature confidential;
ii. information that is designated by the Disclosing Party as confidential; and
iii. information the Receiving Party knows, or ought to know, is confidential;
Customer Data means data and information relating to the Customer and its operations, facilities, personnel, assets, products, sales and transactions.
Customer Request means the application form, request to provide Services, or similar application or request completed or submitted by the Customer to National Crime Check requesting an Agency Check.
Damages means all liabilities, losses, damages, costs and expenses (including all legal costs determined on a solicitor and own client basis) whether incurred or awarded against a party, disbursements, costs of investigation, litigation, settlement and judgment, and interest, fines and penalties, regardless of the Claim under which they arise.
DIBP means the Australian Government Department of Immigration and Border Protection.
Disclosing Party means a party who discloses or makes available Confidential Information to a Receiving Party.
External Factors has the meaning given in clause 2.3(b).
Fees means the fees to be paid by the Customer to National Crime Check at or about the time that the Customer submits a Customer Request for Services.
Force Majeure means:
Governmental Agency means any governmental, semi-governmental or judicial entity or authority, in Australia or overseas, and including without limitation ACIC and DIBP.
Harmful Code means any virus, worm, trojan horse, trapdoor, software switch, time bomb, slicing routine, corruptive code, logic bomb, disabling code, disabling routine or expiration dates as these words are generally understood within the technology industry and any equivalent or similar corruptive mechanism.
Intellectual Property Rights means the current and future registered and unregistered rights comprised in:
International Check means the document or data file that National Crime Check provides to Customer(s) containing Agency Information received by National Crime Check from a Government Agency or other authorised third party located in a jurisdiction outside of Australia.
Laws means all laws, rules and regulation in any jurisdiction, including (without limitation):
National Crime Check Pre-Existing IPR means any Intellectual Property Rights owned and created by National Crime Check prior to the Commencement Date (together with any improvements, modifications and enhancements made to those rights during the term of terms and conditions).
National Crime Check Systems means all hardware, software, materials and resources used by (or on behalf of) National Crime Check to provide the Services (and includes the Web Tools).
Police Check means the document or data file that National Crime Check provides to Customer containing the relevant Police History Information.
Police History Information means the police history information received from ACIC about an individual.
Personal Information means any information or opinion about a natural person (whether true or not), including 'personal information' as that term is defined in the Privacy Act, which either party collects or has access to, stores or discloses, or otherwise handles, in the course of performing, or receiving the benefit of, the Services.
Personnel means officers, employees, agents and contractors, including representatives.
Privacy Act means the Privacy Act 1988 (Cth).
Privacy Laws means:
to the extent they relate to the privacy, protection, use or disclosure of Personal Information or data.
Receiving Party means a party to these terms and conditions who obtains Confidential Information of the other party to these terms and conditions.
Services means the services provided by National Crime Check to Customers under these terms and conditions, including specifically the provision of Agency Checks.
VEVO Check means the document or data file that National Crime Check provides to Customer(s) containing the relevant Visa Entitlement Information.
Visa Entitlement Information means the visa status, work entitlement(s) and other information received from DIBP about an individual.
Website means the National Crime Check website located at www.nationalcrimecheck.com.au (or any successor website as notified to the Customer from time to time).
Web Tools means any software, interface or other tools made available to the Customer by National Crime Check to enable the Customer to receive the benefit of the Services.
In these terms and conditions, unless the contrary intention appears:
2.1 Performance of Services
National Crime Check will, from the date that Customer pays the Fees:
The Customer acknowledges and agrees that where the Services include the provision of an Agency Check (including specifically a Police Check):
including without limitation if the Access Link expires before the Customer has obtained the relevant Agency Check; and
2.2 Access to the Web Tools
The Customer must:
If the Customer becomes aware of or suspects that a breach of any of the obligations set out in this clause 2.2 has occurred, the Customer must promptly notify National Crime Check, in which case National Crime Check may take such action as it considers appropriate (which may include changing the Customer's passwords and other security information).
2.3 No Guarantee of continuity of Services
2.4 Agency Information
Agency Information is provided to National Crime Check by Government Agencies and authorised third parties (including ACIC and DIBP in Australia), and National Crime Check uses this information to provide Agency Checks to Customers (including without limitation Police Checks, VEVO Checks and International Checks). National Crime Check does not have direct access to any Agency Information, and National Crime Check relies on the information provided to it from the relevant Government Agency or authorised third party (as the case may be) to perform the Services and provide Agency Checks to Customers.
Customer acknowledges that:
2.5 Information provided by the Customer
Without limitation to any other consent(s) or approval(s) the Customer provides in relation to the Services, the Customer acknowledges and agrees that:
3. Customer's obligations
3.1 Licenses and Compliance
The Customer must:
3.2 Responsibility for Usage of Services
a) The Customer is solely responsible for all lodgements of Customer Requests under their unique username and password (whether on its own behalf or on behalf of a third party).
b) The Customer acknowledges and agrees that, notwithstanding paragraph (a), National Crime Check may, in their absolute discretion, monitor the Customer Requests being lodged by or on behalf of the Customer using the Services.
c) The Customer must bear all costs arising out of any complaints made in connection with the Customer Requests lodged (including complaints made by any Governmental Agency).
3.3 Volumes and forecasting
The Customer must:
4. Variation to Fees
National Crime Check may from time to time, in its absolute discretion, vary the Fees with respect to the Services by updating the Website. The Customer acknowledges that it is responsible for checking and confirming that it accepts the relevant Fees for Customer Requests at the time of submission of such Customer Requests.
5. Payment and charging
5.1 Basis for charging
The Customer agrees that:
The Customer must have paid National Crime Check the Fees (in clear funds) in order for the Customer to use the Services. National Crime Check is under no obligation to provide the Services if the Customer has not paid the Fees to National Crime Check.
5.2 National Crime Check rights to not proceed with a Customer Request
National Crime Check may in its sole discretion choose to withdraw and not proceed with completion of a Customer Request if:
If Customer fails to comply with any of these terms and conditions, any money which Customer paid to National Crime Check on account of any Customer Request may be forfeited to National Crime Check. National Crime Check may also take legal action against Customer to recover the balance of the Fees and any other amounts owing to it under these terms and conditions.
5.3 Incomplete Customer Requests
The Customer must complete all Customer Requests within three months after the Commencement Date. If for whatever reason the Customer fails to complete a Customer Request within this time (including, without limitation, where National Crime Check has requested further information from the Customer and the Customer has failed to respond), National Crime Check may in its absolute discretion cancel or archive the Customer Request and any money which that Customer has paid to National Crime Check on account of that Customer Request will be forfeited to National Crime Check and National Crime Check is released from all Claims and any obligations to provide the Services in connection with that Customer Request.
National Crime Check only offers refunds where National Crime Check determines in its discretion that extenuating circumstances apply to the Customer. Without limitation, Customers will not be eligible for a refund of any amounts paid with respect to the Services if the Customer has not:
National Crime Check is not responsible for, and the Customer acknowledges that the Customer is not entitled to any refund with respect to:
National Crime Check may charge a non-negotiable refund-processing fee of $7.50 (GST inclusive) with respect to any request for a refund. This refund-processing fee will be subtracted from any refund amount that is approved by National Crime Check and will be retained by National Crime Check.
To request a refund, please email email@example.com. Refund requests must include the Customer’s first name and surname, date of birth, the reference number with respect to the relevant Services (if possible), and a brief description of why the Customer requests a refund. National Crime Check will then assess the refund request and determine if the Customer is eligible for a refund.
To the full extent permitted by Law, National Crime Check reserves the right to reject any application for a refund in its absolute discretion.
6.1 Defined terms
In this clause 6, a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the meaning given to it in that Act.
6.2 GST inclusive amounts
For the purposes of these terms and conditions, where the expression GST inclusive is used in relation to an amount payable or other consideration to be provided for a supply under these terms and conditions, the amount or consideration will not be increased on account of any GST payable on that supply.
6.3 Consideration GST exclusive
Any consideration to be paid or provided for a supply made under or in connection with these terms and conditions, unless specifically described in these terms and conditions as GST inclusive, does not include an amount on account of GST.
6.4 Gross up of consideration
Despite any other provision in these terms and conditions, if a party (Supplier) makes a supply under or in connection with these terms and conditions on which GST is imposed (not being a supply the consideration for which is specifically described in these terms and conditions as GST inclusive):
6.5 Reimbursement (net down)
If a payment to a party under these terms and conditions is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.
7. Other Taxes
Except as otherwise specified in these terms and conditions, the Fees and any other fees and charges payable by the Customer under these terms and conditions are exclusive of all taxes, duties and charges imposed or levied in Australia or overseas in connection with these terms and conditions or the Services, which are the responsibility of the Customer. Without limiting the foregoing, the Customer is solely responsible for any taxes, duties or charges imposed subsequent to the Commencement Date in respect of these terms and conditions.
8. Intellectual Property Rights
8.1 National Crime Check Intellectual Property Rights
Customer acknowledges that, unless and to the extent stipulated to the contrary in these terms and conditions, National Crime Check remains the sole owner of and retain all Intellectual Property Rights with respect to the Services, including specifically all Intellectual Property Rights in and to:
8.2 Customer Intellectual Property Rights
National Crime Check acknowledges and agrees that, as between the parties, the Customer retains all Intellectual Property Rights in the Customer Data.
The Customer grants to National Crime Check a non-exclusive, non-transferable, royalty-free licence to use and reproduce the Customer Data solely for the purpose of enabling National Crime Check to discharge its obligations under these terms and conditions.
10. Data protection
National Crime Check will:
The Customer warrants to National Crime Check that:
12. Exclusion of warranties and limited liability
12.1 Exclusion of warranties
12.2 Exclusion of liability
Subject to clause 12.4(b), but despite any other provision of these terms and conditions, National Crime Check excludes all liability:
12.3 Liability cap
Subject to clauses 12.2 and 12.4(b), but despite any other provision of these terms and conditions, National Crime Check total aggregate liability for any and all Damages suffered or incurred by the Customer under or in any way connected with these terms and conditions or the provision of the Services is limited to an amount equal to the Fees paid by the Customer to National Crime Check under these terms and conditions.
12.4 Application of exclusions and limitations
The exclusions and limitations of liability in clauses 12.2 and 12.3:
The Customer indemnifies National Crime Check and its Personnel (those indemnified), and will hold those indemnified harmless, against all Damages suffered or incurred by any or all of those indemnified arising, directly or indirectly, out of or in connection with:
14. Termination and suspension
14.1 Termination by the Customer for convenience
The Customer may terminate these terms and conditions at any time for convenience by giving National Crime Check five business days’ notice in writing to that effect.
14.2 Termination by National Crime Check for cause
National Crime Check may terminate these terms and conditions immediately by notice to the Customer if:
14.3 Access to Website may be terminated
Access to the Website may be terminated at any time by us without notice. Any provisions of these terms and conditions that can survive termination will nevertheless survive any such termination.
14.4 Consequences of termination
On expiry or termination of these terms and conditions for any reason:
Despite anything else in these terms and conditions, the Customer acknowledges and agrees that National Crime Check may keep a reasonable number of copies of:
14.5 Accrued rights and remedies
Termination of these terms and conditions will not prejudice any right of action or remedy which may have accrued to either party prior to such termination.
14.6 Withdrawal or Suspension
Notwithstanding any other provision in these terms and conditions, National Crime Check reserves its right to withdraw or suspend any Services for any reason that National Crime Check deems appropriate. National Crime Check may, at its absolute discretion and without giving any reason, refuse to provide Services to a Customer or any person or persons.
15. Notices and other communications
15.1 Service of notices
Except as otherwise provided under these terms and conditions, a notice, demand, consent, approval or communication under these terms and conditions (Notice) must be:
15.2 Effective on receipt
A Notice given in accordance with this clause takes effect when taken to be received (or at a later time specified in it), and is taken to be received:
but if the delivery, receipt or transmission is not on a Business Day or is after 5.00pm on a Business Day, the Notice is taken to be received at 9.00am on the next Business Day.
16. Verification functionality
National Crime Check may embed, incorporate or use verification functionality or features with respect to Agency Checks, which may include providing access to an online verification of the Agency Information contained in the relevant Agency Check, or such other security or integrity measures as determined by National Crime Check.
Customer acknowledges and agrees that by forwarding or making available, or by permitting National Crime Check or another party to forward or make available, an Agency Check to a third party, the Customer consents and agrees that such third party may also access the relevant Agency Information of the relevant individual (being the subject of the Agency Check), and use such verification functionality or features with respect to the Agency Check.
Customer acknowledges and agrees that providing such third parties with access to the relevant Agency Information in accordance with such verification functionality or features is appropriate and reasonable, and required to maintain security and integrity of the relevant Agency Check.
National Crime Check reserves the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon uploading on the Website. The Customer’s continued use of the Website (or submission of any Customer Requests) following such uploading will represent an agreement by Customer to be bound by these terms and conditions as amended. The Customer agrees that it is responsible for checking the Website and reviewing the latest version of these terms and conditions to ensure that it is satisfied with the terms and conditions as applicable at any given time, before submitting Customer Requests which will be subject to the applicable terms and conditions at that time.
17.2 Approvals and consents
Except where these terms and conditions expressly states otherwise, a party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under these terms and conditions.
The Customer may only assign its rights under these terms and conditions with the prior written consent of National Crime Check.
17.4 Force Majeure
Neither party is liable for any failure to perform or delay in performing its obligations under these terms and conditions if that failure or delay is due to anything beyond that party's reasonable control. This clause does not apply to any obligation to pay money. The deadline for any obligation that is affected by the Force Majeure will be extended by a period equivalent to the period for which the Force Majeure has prevented that obligation being performed.
17.5 Further action
Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to these terms and conditions and any transaction contemplated by it.
Any indemnity or any obligation of confidence under these terms and conditions is independent and survives termination of these terms and conditions. Any other term by its nature intended to survive termination of these terms and conditions survives termination of these terms and conditions, including clauses 8, 9, 11, 12, 13, 14, 14.4 and this clause 17.6.
Each clause of these terms and conditions and each part of each clause must be read as a separate and severable provision. If any provision is found to be void or unenforceable, that provision may be severed and the remainder of these terms and conditions will continue in force.
A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
Except where these terms and conditions expressly states otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties.
17.10 Governing law and jurisdiction
These terms and conditions are governed by the laws of South Australia, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of South Australia, Australia.
The Website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.
National Crime Check is not responsible for the content or privacy practices associated with linked websites.
The links with linked websites should not be construed as an endorsement, approval or recommendation by National Crime Check of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.