1. Acceptance of Ts&Cs

InterCheck Global Pty Ltd ABN 51 151 778 237 trading as InterCheck Australia (InterCheck or we, us, our) provides services to assist individuals to obtain background checks about themselves for the purposes of employment, volunteering or other positions of trust (our Services).

As a user of our Services, you agree that the following terms and conditions (Ts&Cs) will govern our provision of the Services to you. These Ts&Cs form part of, and are deemed to be incorporated into, our application and consent form for requesting background checks. By completing and submitting an application and consent form and/or using our Services, you agree to be bound by these Ts&Cs.

We reserve the right to amend these Ts&Cs from time to time by posting the updated Ts&Cs on our website. The amendments will be effective for all new Services requested after the date of publication.

2. How our Services work

Our Services allow you to submit a request for a background check about yourself (a Check).

The types of Checks that you can request are described on our website (www.intercheck.com.au) and may change from time to time. We may vary, limit, restrict, temporarily suspend or discontinue the types of Checks available on our website (or any other aspect of the Services) at any time without notice or liability to you.

Where we accept your request for a Check, we conduct the Check through third party information providers who are authorised to access the information necessary to run your Check. These information providers may vary depending on the type of Check that you request. They may include, for example, government bodies such as the Australian Criminal Intelligence Commission and the Department of Immigration and Border Protection.

By requesting a Check, you are appointing us as your agent for the purposes of providing to, and obtaining from, any third party any information that is necessary in order to conduct the Check you have requested and provide you with the Services.

Once we receive the results of your Check from the relevant third party information provider(s):

  1. we will prepare a report for you that sets out the results of your Check in certificate form (your InterCheck Certificate);
  2. we will provide you with access to your Check results through our secure web portal (which can be accessed using the links from our website, www.intercheck.com.au); and
  3. you may, at your sole option and discretion, elect to share your InterCheck Certificate with a third party (see clause 4.2 for further details).

If a third party (for example, the prospective employer that you have applied to) is paying for your Check, please see clause 4.4.

3. Requirements for using our Services

3.1 Requesting a Check

You can submit a request for a Check using the online application and consent form on our website, or by using our hardcopy application and consent form if you have been provided with a hardcopy.

To request a Check you must:

  1. fully complete and sign our application and consent form (either online or in hard copy), and submit it to us;
  2. provide us with proof of your identity as explained in the application and consent form (and otherwise as stated on our website), which we will use to verify your identity; and
  3. arrange payment for your Check request (see clause 5).

Please note that your request for a Check is an invitation to treat, and we may accept or reject any Check request at our sole discretion. If we accept your Check request, we will proceed with undertaking the Check. If we reject your request we will notify you and refund the amount you have paid for the Check. Please see our Refund Policy ( https://www.intercheck.com.au/refund-policy/ ) for details of when we provide refunds.

Once you have submitted your Check request you must also provide us with any additional information that we reasonably request in order to successfully process the Check you have requested. If you fail to provide us with any of this additional information, this may result in us cancelling your Check request in accordance with our Refund Policy (see clause 5.3 for further details).

When you apply for certain types of Checks there may be additional requirements and terms and conditions.

If you are applying for an National Coordinated Criminal History Check, clause 3.4 below applies to you.

If you are applying for an Australian Right to Work Check, clause 3.5 below applies to you.

3.2 Applicants who are minors (under 18)

If you are less than 18 years of age, your Check request must be completed by your parent or legal guardian.

3.3 Checks in countries other than Australia

If you have requested Checks in other countries outside Australia, we will make reasonable and practicable efforts to obtain those Checks. However, we provide no guarantee that we will be able to obtain Checks outside of Australia.

3.4 National Coordinated Criminal History Checks

A nationally coordinated criminal history check (NCCHC) is a background check, conducted with your informed consent, to determine your suitability for employment, a position of trust or as required by legislation.

The NCCHC results will contain your personal information, and any relevant police history information about you, according to the purpose of your nationally coordinated criminal history check. Your NCCHC will be conducted by the Australian Criminal Intelligence Commission (ACIC) working with other Australian police agencies.

We cannot release any police history information to you without first receiving the required informed consent and the necessary proof of identity (as stipulated on our website and on the minimum proof of identity requirements checklist).

By submitting a request for an NCCHC, you:

  1. acknowledge that you have read and understood these Ts&Cs;
  2. consent to us:
    1. collecting the personal information in your application and consent form (and in any supplied identity documents and any other information you share with us) in order to conduct a NCCHC on you for the purpose stated in your application and consent form;
    2. providing your personal information to the ACIC and other Australian police agencies (our third party information providers) so that they can conduct the NCCHC; and
    3. receiving the results of your NCCHC back from ACIC;
  3. acknowledge that you have read and understood clause 7 and our Privacy Policy, which explains how (and with whom) we may share your personal information (including the results of your NCCHC);
  4. warrant that:
    1. you have fully and accurately completed the application and consent form; and
    2. the personal information provided relates to the applicant and contains the full name and all names previously used by the applicant;
  5. acknowledge that withholding and/or providing misleading or false information on this form and in any supplied identity documents is a Commonwealth offence and may lead to prosecution under the Criminal Code Act 1995 (Cth);
  6. consent to a NCCHC being undertaken on all names under which you are or have been known, as provided by you on the application and consent form you submit to us;
  7. acknowledge and agree that:
    1. the NCCHC will be conducted for the purpose stated in the application and consent form you submit to us (which is determined by you), and that the Check results provided by ACIC and the Australian police agencies will be specific to that purpose; and
    2. it is your sole responsibility to check your application and consent form carefully to ensure that it correctly states the purpose for which the NCCHC will be conducted;
  8. understand that you have rights to dispute the results of your NCCHC (see clause 4.3), and must contact InterCheck in the first instance in relation to any such dispute;
  9. acknowledge and understand that as part of conducting the NCCHC:
    1. Australian police agencies will disclose to ACIC, from their records, details of convictions and outstanding charges, including findings of guilt or the acceptance of a plea of guilty by a court; and
    2. the NCCHC will be conducted in accordance with any applicable exclusions under Spent Convictions legislation, and it is your responsibility to consider whether any such exclusions apply to the position / entitlement for which you are applying; and
  10. acknowledge and understand that the ACIC and Australian police agencies may use the information and identity documents you provide:
    1. to provide us with police history information relating to you (including your NCCHC results);
    2. to update records held about you; and
    3. for general law enforcement purposes by ACIC and the other Australian police agencies, including the purposes set out in the Australian Crime Commission Act 2002 (Cth).

If you are a parent or legal guardian completing the Check request for an applicant who is less than 18 years of age, you provide these acknowledgements and consents in relation to the applicant. Other references to “you” will also be deemed to refer to the applicant, as necessary from the context.

Please note that we are not generally able to expedite the NCCHC process with ACIC. If you provide sufficient evidence of urgent military or medical purposes, we will use reasonable efforts to expedite the process with ACIC.

The NCCHC results may contain Disclosable Court Outcomes, which includes information about the applicant’s:

  • charges;
  • court convictions;
  • findings of guilt with no conviction;
  • court appearances;
  • good behaviour bonds or other court orders;
  • pending matters awaiting court hearing; or
  • traffic offence history.

If this occurs, you will be notified through the NCCHC results and we will provide you with a reasonable opportunity to respond to (or validate the information) in the NCCHC results. If you identify errors or omissions in the NCCHC results, we offer a process for you to dispute the results (see clause 4.3 for further details).

3.5 Australian Right to Work Checks

An Australian Right to Work Check is a background check, conducted with the applicant’s informed consent, to verify that you have a right to work in Australia by either confirming the applicant is an Australian Citizen or conducting a visa check on non-Australian citizens via the “Visa Entitlement Verification Online” service, which confirms the applicant’s visa status directly with the Department of Home Affairs.

By submitting a request for an Australian Right to Work Check, you:

  1. consent to us:
    1. conducting a search using the Department of Immigration and Border Protection’s (DIBP) Visa Verification Online (VEVO) Service database to confirm your entitlements to work in Australia; and
    2. if necessary, conducting subsequent reviews of your work entitlements using VEVO for a period of twelve (12) months from the date of your application and consent;
  2. understand that the purpose for the Right To Work Check is to confirm your entitlement to work in Australia for employment and/or volunteering purposes, and that the information we may obtain through a Right to Work Check may include: your visa grant date and expiry date (if applicable), your visa class / subclass and your work entitlements (including the duration and any conditions);
  3. acknowledge that it is a serious offence to provide false or misleading information in your application and consent form for a Right to Work Check, as we will be providing this information to DIBP on your behalf;
  4. acknowledge that your application and consent must:
    1. provide information that relates to you;
    2. set out your full name, date of birth, valid passport details and current Visa Grant number/details; and
    3. if you state that you are an Australian citizen, provide evidence of your Australian citizenship status;
  5. acknowledge that we are not responsible for any processing delays that occur if we are unable to verify your entitlements to work because you have provided incorrect or insufficient information; and
  6. acknowledge and understand that if you are not entitled to be in Australia, the Commonwealth Government may use the information you have provided for your Right to Work Check for the purposes of locating you.

If you a parent or legal guardian completing the Check request for an applicant who is less than 18 years of age, you provide these acknowledgements and consents in relation to the applicant.

3.6 Delivery timeframes

While we work closely with our third party information providers to ensure that Checks are conducted as promptly as reasonably possible, we cannot guarantee:

  1. the delivery of Checks within a particular timeframe (or at all); or
  2. the accuracy of the information supplied by our third party information providers.

To the maximum extent permitted by law, we are not responsible if the relevant third party information providers refuses or fails to provide us with your Check results, if there is a delay in their provision of your Check results or if the information supplied by our third party information providers is incomplete, inaccurate or out of date.

4. Your Check results

4.1 Receiving your Check results

Once we receive the results of your Check from the relevant third party information provider(s), we will provide you with access to your Check results via our web portal. Your access and use of our web portal is subject to the terms in clause 6.

Please note that, in accordance with the requirements of our third party information providers, we are required to delete Check results after certain prescribed time periods. For example, we are only able to hold NCCHC results for 12 months after we receive the results.

4.2 Sharing your Check results

Once you receive access to your Check results and your InterCheck Certificate you may use your Check results and the InterCheck Certificate for the permitted purpose that was specified in the application and consent form that you submitted for that Check.

If you elect, at your sole option and discretion, to share the InterCheck Certificate with a third party (for example, to the prospective employer that you have applied to for a position), you may utilise the functionality within our website to share your InterCheck Certificate with that third party. If that third party has paid for your Check, please see clause 4.4 below.

You are responsible for how you choose to use and share your Check results and your InterCheck Certificate, and we do not accept any responsibility or liability for any decision you make to share (or not share) your Check results or InterCheck Certificate with any third party. We advise you to take appropriate steps to secure any copies of your Check results or your InterCheck Certificate that you make, and we are not responsible for any accidental access that you provide to a third party or for any unauthorised access that occurs due to your acts or omissions.

You agree that you will not provide your InterCheck Certificate to any competitor of InterCheck, except in circumstances where you are providing the InterCheck Certificate to allow that business to conduct necessary background checks on you as part of a good faith application for employment or a volunteer position (as applicable) with that business.

4.3 Disputing your Check results

You have a right to dispute the result of your NCCHC results if you claim that:

  1. the police history information released does not belong to you;
  2. part of the police history information does not belong to the you;
  3. the police history information belongs to you , but the details are inaccurate; or
  4. the police history information belongs to you, but should not have been released.

Any complaints or disputes about your NCCHC results must be sent to us in the first instance. If we are unable to resolve the complaint or dispute we may escalate the matter to the ACIC.

Information about how to exercise your right to dispute your Check results is available on our website here: https://www.intercheck.com.au/dispute-results/

4.4 Where a third party has paid for your Check

In some circumstances, a third party (such as an organisation that you are applying for a role with) may agree to pay for your Check. If this occurs, you will not need to pay for the Check. It is your responsibility to share the result with that third party in accordance with clause 4.2. If the third party fails to pay for the Check, you will become liable to pay for the Check.

5. Fees and payment

5.1 Fees

The prices for the different types of Checks we offer are as set out on our website.

All prices are in Australian Dollars (AUD) and are inclusive of GST.

The information, including pricing, displayed on our website may include inadvertent and occasional errors due to typographical mistakes, miscommunications and/or technical glitches. We reserve the right to cancel Check requests, and refund your payment, due to such errors or if the Checks requested are no longer available. We will notify you as soon as possible, if we cancel your Check request.

5.2 Payment terms

We require up-front payment for all Services, and will not action a Check request until we receive confirmation that payment has been received.

You can pay by credit card or other payment method approved by InterCheck, as set out on our website.

Your payment will be subject to the terms and conditions of payment specified by the payment provider you choose. This may include an additional fee, which is usually calculated as a percentage of your total transaction cost. You will be advised of any such fees that we charge, in relation to the use of your payment platform, at the time we take payment.

We allow you to make prepayments, which will be credited to your account and can be used to purchase Services. If you are using prepaid credit to purchase a Service, the Service fees will be charged against your prepaid credit as soon as your Check request is submitted to our systems. If you do not have sufficient prepaid credit to pay the relevant Service fee, we may decline to accept your Check request until you have paid the shortfall.

Once you make the up-front payment for your Check, you have up to 12 months (from the initial date of payment) to complete and submit your application and consent form (including by providing us with the necessary information and documents for us to conduct the Check).

If your application and consent form remains uncompleted (including if you fail to provide us with the necessary information and documents) after 12 months, we are required to delete the details of your application from our records. If this happens, we will convert the amount that you have paid into a credit that you may use to start a new Check request – however, we will not refund this amount to you. To avoid this, we recommend that you complete and submit your application and consent form promptly after making payment. We may (but are under no obligation to) provide you with e-mail reminders to complete your application and consent form before the 12 month period expires.

In some circumstances, a third party (such as an organisation that you are applying for a role with) may agree to pay for your Check. In such cases we will take payment from that third party instead of from you. If a third party is paying for your Check, please note that we are under no obligation to process your Check request until we receive payment from that third party.

5.3 Refunds

We advise you to choose our service carefully as we do not normally issue refunds if you change your mind or make a wrong decision. Please also be aware that prepaid credits expire (and are not refundable) 12 months after the initial date of payment.

All requests for refunds will be dealt with in accordance with our refunds policy available at https://www.intercheck.com.au/refund-policy/ By using our Services and submitting a Check request you acknowledge and agree that you have read and understood our refunds policy.

5.4 Referral fees

If a third party has referred you to us, you acknowledge and agree that we may pay that third party a commission, fee or other benefit in consideration for such referral.

6. Our web portal

6.1 Your user account

  1. In order to use the Services and receive your Check results, you will be required to create a user account for our web portal. Registering an account requires you to provide certain personal information (including but not limited to your name, postal address, email address, mobile phone number and payment details).
  2. You must ensure that:
    1. you do not register multiple user accounts, as an individual is only permitted to have a single user account; and
    2. you do not allow multiple people to use the same user account.
  3. You are responsible for protecting the confidentiality of your account password.
  4. You acknowledge and agree that you will be responsible for any activities engaged in using your account, whether or not access is authorised by you.
  5. We may require that you change your password if we suspect the security of your account has been breached.
  6. You must promptly update your account details and password if any of your contact details (including email address or mobile phone number) change or if you believe there has been unauthorised access. You will be liable for any unauthorised access or use of your account which results from your failure or delay to notify us of changes to your contact details.

6.2 Investigating prohibited uses of our web portal

  1. We may, at any time and at our discretion, investigate any reported or suspected breach of these Ts&Cs (or other unauthorised or unlawful use of our web portal) by you or any other user.
  2. Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the website, the quality of the Services and our reputation. These actions may include (but are not limited to) reporting any unlawful conduct to the appropriate authorities and otherwise taking appropriate legal action.

6.3 Third party links

  1. Our web portal may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).
  2. Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
  3. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

7.Privacy and security

7.1 Privacy statement

  1. Use of the Services is subject to our Privacy Policy, currently available at https://www.intercheck.com.au/privacy-policy/.
  2. When you submit a Check request and use our Services, we collect your personal information for the purposes of:
    1. assessing your Check request and determining whether to accept it;
    2. verifying your identity;
    3. processing payment;
    4. working with the relevant third party information providers to conduct the requested Check and provide you with the Check results; and
    5. meeting our obligations to the relevant third party information providers,

    as well as the other purposes that are described in our Privacy Policy and any application and consent form for the relevant Check, and to contact you regarding any of the foregoing.

  3. The types of information that you will need to provide us depends on the type of Check you have requested, and the Services you elect to use and receive. In general terms, you will be asked to provide information such as:
    1. your name, gender, address and contacts details;
    2. your place of birth and citizenship;
    3. the purpose for which you are seeking the Check (e.g. the type of position you are applying form, the name of the employer and the location of that position); and
    4. your identity documentation necessary to verify your identity (e.g. your birth certificate, drivers licence, passport), including photo identification.

    The specific information and documents that you are required to provide will be explained in the application and consent form for your Check request. Further details can also be found in our Privacy Policy.

  4. The information that we ask you to provide is necessary for us to process your Check request. In many cases, the information and documents we ask you to provide are required by our third party information providers as a condition of processing your Check request. If you refuse to provide some or all of the information we request, we may not be able to process your Check request.
  5. We provide the information and documents you give us to the relevant third party information provider who conducts your Check. To confirm your identity, we may also disclose identification documents and personal information you provide to the Australian Government Document Verification Service to verify that the information you provide matches that held by the identification document issuing agency. Depending on the nature of the Check that you request, your Check results may include information about you such as your history with law enforcement and the courts (including criminal offences) and your citizenship, visa status and entitlement to work in Australia. When we receive the results of your Check back from this information provider, these results will be accessible to:
    1. you;
    2. any third party that you elect at your discretion to share it with via the functionality available within our website (e.g. the prospective employer that you are applying to); and
    3. any third party that we are required or authorised by law to share your Check results with. In most cases, such third parties will be noted in the Check request application and consent form that you submit.

    When you disclose personal information to a third party by giving them a copy of your Check result (either in electronic or hard copy) you also consent to us also disclosing your personal information to that third party through a verification functionality or feature. Please see our Privacy Policy for further details.

  6. Your personal information will also be accessible to our authorised staff and contractors who are involved in securely handling your information for the purposes of conducting the Check for you and providing you with our Services.
  7. Whether we are likely to transfer or store any of your personal information outside of Australia will depend on the type of Check you are requesting. Please see our Privacy Policy for further details.
  8. We retain and hold copies of your application and Check results (including your InterCheck Certificate) in accordance with our document retention policies and procedures. We are required to delete certain records (such as NCCHC results) within certain prescribed timeframes in order to meet our legal obligations and obligations to the information providers.
  9. Our Privacy Policy contains information about:
    1. how you can seek access to the personal information we hold about you and seek the correction of such information; and
    2. how you can complain about a privacy breach and how we will deal with such complaints.
  10. Our website and web portal use cookies. Further information can be found in our Privacy Policy.

7.2 Marketing and keeping in touch

Unless you have previously instructed us otherwise, you consent to your personal information being used to contact you with special offers, news and information about our products, services and promotional offers, including contacting you via electronic messaging. You can opt out of receiving direct marketing communications by contacting us (see clause 10 for contact details).

7.3 Online security

  1. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We take reasonable steps to protect such information and keep your personal information confidential and secure against loss and unauthorised access, use, modification and disclosure (see our Privacy Policy for further details). However, we do not warrant (and cannot guarantee) the security of any information that you transmit to us over the internet. Accordingly, any information transmitted to us via our web portal (including information and documents uploaded via our online application and consent form) is transmitted at the risk of the sender.
  2. Users must take their own precautions to ensure that the process which they employ for accessing our web portal and/or the Services does not expose them to the risk of viruses, malicious computer code or other forms of interference which may damage their devices or computing systems.
  3. You must take all reasonable steps to protect the security of your device, your data and computing systems, including by ensuring you don’t have any viruses or other mechanisms capable of recording your passwords or access codes.
  4. If you suspect that there has been unauthorised access to your account or there is any other security breach or issue relating to our web portal, our Services or your account, you must notify us immediately (see clause 10 for contact details) and change your account password.

7.4 Consent to the collection and use of your information

By agreeing to these T&Cs or otherwise using our Services, you:

  1. acknowledge that you have read and understood this clause 7 and our Privacy Policy;
  2. confirm that you are authorised to provide the personal information, document and information to InterCheck so it can undertake the Check and perform the Services, and that such information and documentation is correct, accurate and up to date;
  3. consent to your information being checked with the document issuer or official record holder via third party systems for the purpose of confirming your identity; and
  4. consent to us collecting, using, disclosing and handling your information as set out in our Privacy Policy, these Ts&Cs and in accordance with any other consents you may have given in the relevant application and consent form for a particular Check(s).

8. Warranties and liability

8.1 Australian Consumer Law

  1. In these Ts&Cs:
    1. “Australian Consumer Law” means schedule 2 of the Competition and Consumer Act 2010 and any equivalent state or territory legislation;
    2. “Consumer” has the meaning given in the Australian Consumer Law; and
    3. “Consumer Guarantee” means a right or guarantee under Part 3-2 (Division 1) of the Australian Consumer Law that cannot lawfully be excluded.
  2. The Australian Consumer Law provides Consumers with a number of Consumer Guarantees that cannot be excluded or limited. The limitations of liability set out in these Ts&Cs are therefore subject to, and will not apply to the extent that they limit or exclude any Consumer Guarantees that may apply to you if you are a Consumer. However where the Australian Consumer Law permits us to limit the remedies for a breach of such Consumer Guarantees we do so in accordance with clause 8.2.

8.2 Exclusion of implied warranties

  1. All implied terms, conditions, guarantees and warranties which otherwise might apply to or arise out of these Ts&Cs are excluded other than:
    1. those set out in these Ts&Cs; and
    2. any term, condition, guarantee or warranty which cannot lawfully be excluded or modified by agreement under applicable laws including the Consumer Guarantees under the Australian Consumer Law (Non-excludable Terms).
  2. Our liability to you in connection with these Ts&Cs and the supply of any goods or the Services (including in respect of any breach of or failure to comply with any Non-excludable Terms, where it is permissible under applicable law to limit liability for such Non-excludable Term) is limited to (at our option):
    1. in the case of goods (to any items we supply to you are considered goods under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or
    2. in the case of services, including the Services – supplying the services again or paying the cost of having the services supplied again.

8.3 Disclaimer and exclusion and limitations on liability

To the maximum extent permitted by law and without limiting your rights and our obligations under the Australian Consumer Law (which are subject to clauses 8.1 and 8.2), you acknowledge and agree that:

  1. the Services (including any information supplied therein) are provided on an “as is” and “as available” basis;
  2. we will not be liable to you (or, if you are a parent or legal guardian submitting a Check request on behalf of a minor, the applicant) in connection with these Ts&Cs for:
    1. any indirect or consequential loss or damage; or
    2. loss of profits, loss of revenue, loss of opportunity, loss of data or loss of reputation,

    that you suffer or incur, whether arising under contract, tort (including due to our or any other person’s negligence), under statute or otherwise;

  3. we do not accept liability for any claims, damages or loss (however arising, including due to our or any other person’s negligence) you may incur arising directly or indirectly from:
    1. any incomplete, inaccurate or incorrect information that you provide to us;
    2. any delay or failure in performing the Services that is caused or contributed to by you (including any failure by you to provide required information);
    3. any delay or failure by our third party information providers to provide us with your Check results;
    4. any incompleteness, inaccuracy or unavailability of information that is supplied to us by our third party information providers in connection with your Check (but this does not limit your ability to dispute your Check results in accordance with clause 4.3 of these Ts&Cs);
    5. your (or, if you are a parent or legal guardian requesting a Check on behalf of a minor, the applicant’s) use of the InterCheck Certificate or other Check results once we have provided them to you;
    6. any suspension or discontinuance of any Service, or any part thereof; or
    7. any use of the Services by our other customers, including any use of the Services by other users in manner which contravenes these Ts&Cs; and
  4. our total aggregate liability to you for any loss, damage, liability or expense you suffer or incur in connection with these Ts&Cs and which is not excluded under sub-clauses (a) to (c) inclusive, whether arising under contract, tort (including negligence), under statute or otherwise, is limited to an amount which is equal to the fees you have paid to us for the relevant Check giving rise to the liability.

8.4 Indemnity for third party claims

You will indemnify us against all liabilities, costs, losses and expenses which we may suffer or incur in connection with any third party claims or allegations against us that are caused by:

  1. your breach of these Ts&Cs; or
  2. any third party’s reliance on the InterCheck Certificate or other Check results that we provide to you.

Your liability under this indemnity will be reduced to the extent it is caused by our breach of these Ts&Cs or our negligent acts or omissions.

9. General

9.1 Waiver

A party’s rights or remedies under these Ts&Cs are not waived by it unless such waiver is in writing and signed by the party granting the waiver. No delay or omission of a party in exercising any rights or remedies shall operate as a waiver of such rights or remedies.

9.2 Severance

If a provision in these Ts&Cs is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from these Ts&Cs for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of these Ts&Cs.

9.3 Governing law and jurisdiction

These Ts&Cs are governed by and is to be construed under the laws in force in Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these Ts&Cs.

9.4 Further assurances

You agree that you will, at your own expense, do all things and execute all further documents necessary to give full effect to these Ts&Cs and the transactions contemplated by it.

9.5 No reliance

You acknowledge and agree that you have not relied on any statement by us which has not been expressly included in these Ts&Cs.

9.6 Entire agreement

These Ts&Cs constitutes our entire agreement with you regarding your use of the Services and supersedes all prior discussions, negotiations, understandings and agreements in respect of its subject matter.

9.7 Exercise of rights

  1. Unless expressly required by the terms of these Ts&Cs, we are not required to act reasonably in giving or withholding any consent or approval or exercising any other right, power, authority, discretion or remedy, under or in connection with these Ts&Cs.
  2. We may (without any requirement to act reasonably) impose conditions on the grant of any consent or approval, or any waiver of any right, power, authority, discretion or remedy, under or in connection with these Ts&Cs. You must comply with any such conditions when relying on the consent, approval or waiver.

9.8 Interpretation

In these Ts&Cs unless a contrary intention is expressed:

  1. a reference to a ‘person’ includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality);
  2. other parts of speech and grammatical forms of a word or phrase defined in these Ts&Cs have a corresponding meaning;
  3. a reference to a party to any document includes that party’s successors and permitted assigns;
  4. a provision of these Ts&Cs may not be construed adversely to a party solely on the ground that the party (or that party’s representative) was responsible for the preparation of these Ts&Cs or the preparation or proposal of that provision;
  5. the words ‘include’, ‘including’, ‘for example’, ‘such as’ or any form of those words or similar expressions in these Ts&Cs do not limit what else is included and must be construed as if they are followed by the words ‘without limitation’, unless there is express wording to the contrary;
  6. if a period of time is specified and dates from a day or the day of an act, event or circumstance, that period is to be determined exclusive of that day;
  7. if an act or event must occur or be performed on or by a specified day and occurs or is performed after 5.00 pm on that day, it is taken to have occurred or been done on the next day; and
  8. if anything under these Ts&Cs is required to be done by or on a day that is not a business day, that thing must be done by or on the next business day. For the purposes of this paragraph, “business day” means a day that is not a Saturday, Sunday or public holiday in Victoria Australia.

10. Contact

10.1 General contact details

In the event that you need to contact us regarding these Ts&Cs or your use of our Services, please use the following details:

Address: 356 Collins Street, Melbourne, 3000, Victoria

Email: help@intercheck.com.au

Support phone number: (03) 8820 4069

Website:https://www.intercheck.com.au/contact/

10.2 Privacy Officer contact details

Customers can send their privacy queries or complaints to:

The Privacy Officer

InterCheck Australia Pty Ltd
PO Box 213, Flinders Lane Vic 8009

Our Privacy Officer can also be contacted on:

Email: help@intercheck.com.au

Support phone number: (03) 8820 4069

10.3 Complaints Officer contact details

If you wish to make a complaint (including if you wish to dispute the results of your NCCHC), please contact us at email help@intercheck.com.au or via our website Contact Form (https://www.intercheck.com.au/contact/ ).