You, the individual customer requesting the services agree that these terms and conditions are a binding legal agreement between yourself and InterCheck Australia. By submitting a request for InterCheck’s services you agree that you have read and understood these terms and conditions; and you will be bound by, and will abide by, these terms and conditions.
Part 1 Services
1.1 Request for Services
InterCheck Australia will not provide the Services to you unless you have provided to InterCheck Australia (through the website):
- necessary proof of your identity (as stipulated by InterCheck Australia on the website, and which may include identification documents and biometrics);
- a request for Services; and
- any further information InterCheck Australia may need to provide the requested services.
If InterCheck Australia requires further information from you to provide the requested services, InterCheck Australia will ask you for it. You are responsible for supplying that further information and failure to supply it may result in the request being cancelled in accordance with InterCheck Australia’s Refund Policy, as outlined in section 2.3. InterCheck Australia has the right to cancel orders in certain other circumstances described in section 2.3 of these terms and conditions.
InterCheck Australia may refuse to accept or execute any request.
By requesting the Services, you are appointing InterCheck Australia as your agent for the purposes of providing to, and obtaining from, any third party any information that is necessary in order to perform the Services.
1.2 Provision of Services
If InterCheck Australia does not refuse your request, InterCheck Australia will:
- perform the Services you requested (but if you have requested Services that require checks outside Australia, InterCheck Australia will provide those to the extent that it is reasonable and practicable to do so); and
- prepare an InterCheck Australia Report for you, which will set out the results of the Services requested.
Please note that InterCheck Australia performs the Services by making requests to individuals or organisations who supply information to InterCheck Australia. If those third-party suppliers do not release requested information promptly, your request will be delayed. InterCheck Australia is not responsible for that delay.
InterCheck Australia may change, suspend, limit, restrict or discontinue any aspect of the Services at any time without notice or liability including the availability of and access to any part of any feature on the website.
Part 2 Payment and Refunds
2.1 Customer must be in credit
The Customer must have paid InterCheck Australia the Prepaid Fees (in clear funds) in order for the Customer to use the Services. InterCheck Australia is under no obligation to provide the services if:
- the Customer has not paid the Prepaid Fees to InterCheck Australia; or
- the Customer’s credit (from the Prepaid Fees) has been exhausted.
2.2 Basis for charging
The Customer agrees that:
- the Prepaid Fees constitute a credit which will enable the Customer to use the Services until such time as that credit is exhausted;
- each time the Customer lodges a request for a service the Customer will be charged against the Prepaid Fees for sending those services at the applicable service cost; and
- each service will be charged against the Prepaid Fees as soon as it is entered into the InterCheck Australia Systems and regardless of whether or not the provided information has been checked for accuracy.
- the Prepaid Fees will expire 12 months after the initial date of payment. In the event that the applicant has not completed the application within the 12 month period from the purchase date, the Prepaid credits will expire and a new application will need to be purchased
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. In addition to the consumer guarantees enshrined in the Australian Consumer Law, if you place an order for a service, but then cancel it before the service is commenced, InterCheck Australia may choose to provide you with voucher or credit note equivalent in value to a full or part refund or a partial refund after deducting an administration fee.
This policy is subject to the terms and conditions of the Agreement entered into with InterCheck Australia to provide its services.
InterCheck Australia is not required to provide a refund for:
- any incorrect forms that are submitted;
- data entry errors that have been made by persons inputting their own details for the requested service;
- cancelled National Police History Checks already submitted to the Australian Criminal Intelligence Commission (ACIC);
- cancelled services where the result has already been issued;
- submissions for police checks that InterCheck Australia is not authorised to process;
- change of mind after partially or fully completing the application process;
- selection of the wrong check type and/or reason for check;
- failure to provide the minimum proof of identity requirements and/or informed consent;
- if 12 months has elapsed since the initial date of payment and/or applicant has not completed the application within the 12 month period from the purchase date.
Part 3 Australian National Police Check
If you request an Australian National Police Check, you:
- acknowledge that the position/entitlement for which you are being considered may be in a category for which exclusions from Spent Convictions legislation apply;
- confirm that you have fully answered all questions asked by InterCheck Australia and the personal information you have provided relates to you, contains your full name and all names previously used by you, and is accurate and correct;
- acknowledge that the provision of false or misleading information is a serious offence;
- acknowledge that InterCheck Australia is collecting information to provide to the Australian Criminal Intelligence Commission (ACIC) and Australian police agencies;
- acknowledge that InterCheck Australia cannot guarantee the turnaround time for the result of a National Police Check, as we are reliant on the police checking services to provide police history information;
- acknowledge InterCheck Australia cannot expedite the Police Check process with ACIC, unless the customer provides sufficient evidence of urgent military or medical purposes;
- acknowledge InterCheck Australia cannot release any criminal history information to you without first receiving the required informed consent and the necessary proof of identity (as stipulated on InterChecks website and on the minimum proof of identity requirements checklist);
- consent to:
- ACIC disclosing personal information about you to Australian police agencies;
- Australian police agencies disclosing 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;
- ACIC providing the information disclosed by Australian police agencies to InterCheck Australia; and
- if you have chosen to share your results with an organisation, InterCheck Australia disclosing your personal information to that organisation;
- acknowledge that any information provided by you relates specifically to the purpose identified in the Reason for Police Check; It is your sole responsibility to ensure the purpose for which the police check is being requested is correct;
- acknowledge that any information provided by Australian police agencies or ACIC, relates specifically to the purpose identified in the Reason for Police Check;
- acknowledge that personal information that you provide may be disclosed to InterCheck Australia (including contractors or related bodies corporate) located in Australia or overseas for administrative purposes; and
- acknowledge that it is usual practice for an applicant’s personal information to be disclosed to Australian police agencies for them to use for their respective law enforcement purposes, including the investigation of any outstanding criminal offences.
Part 4 VEVO Right to Work
If you request an Australian VEVO Right To Work Check, then you:
- consent to InterCheck checking your work entitlements on the Department of Immigration and Border Protection’s Visa Verification Online (VEVO) Service database and, where necessary, to continue to conduct subsequent checks of your work entitlements with VEVO for a period of twelve (12) months from the date of this Application;
- acknowledge that you are required to provide your personal information that relates to you, and contains your full name, date of birth, valid passport details and current Visa Grant number/details;
- acknowledge that if you are an Australian citizen, you must provide evidence of your Australian citizenship status;
- acknowledge that processing delays may occur if we are unable to verify your working rights due to incorrect or insufficient information being provided;
- understand that the purpose for a Right To Work Check is to confirm your right to work in Australia for employment and/or volunteering purposes, and acknowledge that the provision of false or misleading information on this form is a serious offence;
- acknowledge that InterCheck is collecting information to undertake a search of the Department of Immigration and Border Protection’s Visa Verification Online (VEVO) Service database;
- acknowledge that if you are not entitled to be in Australia, the Commonwealth may use this information for the purposes of locating you.
Part 5 General
5.1 Marketing offers and privacy
Unless you choose not to let InterCheck Australia do so, InterCheck Australia may use your details to tell you about special offers and new products and services. If at any time you don’t want to receive direct marketing messages you can unsubscribe. Alternatively, if you want to change your contact preference you can do this by emailing email@example.com
In order to provide the services to you, your personal information may be exchanged between companies within InterCheck Australia or InterCheck Australia may disclose your personal information to its contractors, some of whom may be overseas. In order to provide the services to you, it will be necessary to disclose your personal information to a third party capable of verifying your information who may also be overseas. It is a condition of ordering the services that you consent to these disclosures.
InterCheck Australia will take all reasonable steps to protect your personal information from misuse and loss and from unauthorised access, modification or disclosure. InterCheck Australia will protect the security of personal information and has strict security measures maintaining physical, computer and communications security and unauthorised access to its premises, its computer network and its communications. Other than you, people you nominate and third parties who will be asked to verify your information, only authorised staff and contractors of InterCheck Australia will be provided access to your personal information.
5.2 Access to other websites
5.3 Risk of loss
While all reasonable care is taken, InterCheck Australia does not warrant nor accept responsibility for the accuracy of the information provided to it by third parties; nor for any delay by any third-party in providing information requested by InterCheck Australia.
You will indemnify, release, discharge and hold harmless InterCheck Australia, its directors, employees, officers, contractors and overseas agents from and against any and all losses, liabilities, damage, costs and expenses suffered or incurred by InterCheck Australia arising out of:
- any incorrect, inaccurate, incomplete or defective information you provide to InterCheck Australia;
- any delays or failure to provide information (including in any InterCheck Australia Report) caused or contributed to by you;
- you carrying out or failing to carry out your obligations under these terms and conditions.
InterCheck Australia will not be liable or responsible for the use of any information accessed from a InterCheck Australia Report or through any use of a InterCheck Australia link by you or anybody else.
5.4 Your acknowledgements
You agree that you will not allow any competitor of InterCheck Australia to copy anything from the InterCheck Australia Report and you will not make a copy of the InterCheck Australia Report to give to any of InterCheck Australia’s competitors.
You agree to InterCheck Australia:
- holding your personal information including but not limited to details of your qualifications, professional and other memberships, employment, employment and personal references; litigation; bankruptcies; business interests; criminal history; investigations by financial regulatory bodies; work entitlement; workers compensation claims; traffic records; listings on national and international sanctions, money laundering, terrorist financing, internationally wanted criminal or politically exposed persons lists;
- checking and verifying that your information is correct;
- providing your InterCheck Australia Report containing your information to those people you give access to (unless such access is revoked by you, either by deactivating access via InterCheck Australia’s website or by writing to InterCheck Australia);
- letting InterCheck Australia’s contractors and overseas agencies access your information when required by InterCheck Australia for the purposes of providing, reviewing, auditing, analysing or improving the Services; and
- retaining and storing your InterCheck Australia Report containing your information (unless you revoke consent by writing to InterCheck Australia). Please note that in order to comply with legal requirements, certain records (such as Australian criminal history information) will be deleted after prescribed time periods imposed by the source of that information.
About these terms and conditions
These terms and conditions are governed by and construed under the law in the State of Victoria. You and InterCheck Australia each irrevocably and unconditionally submit to the non-exclusive jurisdiction of any court in Victoria.