These terms and conditions are a binding legal agreement between yourself and Australian National Character Check. By submitting a request for a National Police History Check (NPHC), you acknowledge and agree that you have read and understoodthese terms and conditions and are legally bound by them.
Definitions of Terms
‘Australian National Character Check’ - Refers to Australian National Character Checks Pty Ltd - ACN: 621712598 - Trading as: Australian National Character Check
‘Service’ - Any services that are provided by Australian National Character Check, including VEVO, Bankruptcy and NPHC.
Service Request’ - Any services that are provided by Australian National Character Check, including VEVO, Bankruptcy and NPHC.
‘Customer’ - A client who has requested and paid for a Service.
‘Fees’ - The Fees associated with use of the Service provided by Australian National Character Check.
‘Website’ - The website that is used to provide the Services, hosted by Australian National Character Check.
‘Applicant’ - A Customer who is/has completed the application required for their requested service.
‘NPHC’ - Refers to a Nationally Coordinated Criminal History Check.
1. Informed Consent Form
Australian National Character Check cannot release any National Police History Check information without receiving the applicant’s signed (electronically or physically) Application and Informed Consent Form and the minimum required forms of identification documents. The applicant agrees to their identification document information being checked with the Issuer or Official Record Holder, and third party ID verification vendors.
2. Australian National Character Check Obligations
Australian National Character Check will, from the date the Customer pays the Fees:
3. User Obligations
The user/applicant must:
It is agreed that the applicant will review all information they have provided in their application before submitting, to ensure the information they have provided is accurate and correct, this includes the submission of ID documents by the Applicant.
Any incorrect information supplied by the applicant will result in an invalid National Police History Check. The applicant understands that if their Police Check application has not been correctly lodged after 3 months, upon lodgment, updating of details may be required.
If for whatever reason the applicant fails to complete a Service Request within this time (including, without limitation, where a request for further information by Australian National Character Check from the applicant and the applicant has failed to respond), Australian National Character Check may in its absolute discretion cancel or archive the Service Request including any monies which that applicant has paid will be forfeited. Australian National Character Check will then be released from all claims and obligations to provide the services in connection with that Service Request.
The applicant is responsible to bear costs that may arise out of a complaint made in connection with the requests that have been lodged by the applicant. This includes complaints that may have been made by an Australian Police Agency or any other Australian Government Agency.
4. National Police History Check (NPHC)
The applicant understands that Australian National Character Check cannot expedite the National Police History Check process.
Additionally, the Customer acknowledges that:
5. Visa Entitlement Verification Online (VEVO)
The applicant understands that Australian National Character Check cannot expedite the Visa Entitlement Verification Online process.
Additionally, the Customer acknowledges that:
6. Bankruptcy Check
The applicant understands that Australian National Character Check cannot expedite the Bankruptcy Check process.
Additionally, the Customer acknowledges that:
7. Fees and Payment Processing
The customer acknowledges and agrees that each time the Service is used, they will be charged the Fees as stipulated in Australian National Character Check website.
Australian National Character Check is the sole party in charge of determining and varying the Fees associated with the Service. Australian National Character Check is under no obligation to provide the Service to the Customer if the Fee has not been paid.
The customer agrees that Australian National Character Check may vary the Fees at any time, without notice. It is the customers responsibility to ensure they are aware of any variations via the Australian National Character Check website.
As per Australian Taxation Office laws, the fee outlined is GST (Goods and Services Tax) inclusive. The fee includes the 10% tax.
Australian National Character Check is NOT required to provide a refund for:
Refunds will only be issued if Australian National Character Check determines, at their discretion, that extenuating circumstances apply to a Customer.
Australian National Character Check will charge a refund administration fee of $20.00 (including GST) to process refunds. This fee will be subtracted from the total amount that is approved by Australian National Character Check to be transferred into the applicants nominated bank account.
10. Right of Australian National Character check to not proceed with or refuse a Service Request
In its absolute discretion, Australian National Character Check may choose to withdraw and not proceed with the completion of a Service Request where:
Australian National Character Check is committed to protecting an applicant’s privacy and complies with the Australian Privacy Principles as set out in the Privacy Act 1988. The Customer and Australian National Character Check are bound by the following for use of the Service:
12. Continuity of Services
Irregardless of other sections in these Terms and Conditions, Australian National Character Check does not warrant or guarantee that the Services will be uninterrupted, continuous or error/defect free.
The Customer acknowledges that the continuity of the Services is dependent on a number of environmental and external factors outside normal control of Australian National Character Check. The Customer also acknowledges that Australian National Character Check will have no liability whatsoever in relation to failure or interruption of the performance and function of the Service. Australian National Character Check will use reasonable means to restore the Service to a functioning state at their earliest convenience.
The Customer agrees that Australian National Character Check Website and Services will from time to time undergo service unavailability due to routine maintenance.
The Customer acknowledges and agrees that Australian National Character Check may need to suspend the Service if required to do so by the Law, or any Australian Government Agencies, or if the Customer breaches any of the outlined Terms and Conditions.
13. Dispute of a Police Check Result
In the event where an applicant thinks there may be an error on a Police Check Result, they may contact Australian National Character Check to clarify any details. If there is still any concern, the applicant may refer to the result dispute process below to clear any concern:
An applicant cannot dispute police history information provided by Australian National Character Check through the ACIC or a Police Agency directly. All disputes must be raised directly through Australian National Character Check.
14. Copyright & Intellectual Property
Any part of this website may not be copied or imitated in whole or part. This includes logos, graphics, sound or images that are contained within the website.
Any user of the service acknowledges that Australian National Character Check remains the sole owner of, and retains all Intellectual Property Rights with respect to the service, including all documentation, know-how, methodologies, equipment, systems, processes and other materials supplied or made available to the applicant under or in connection with these terms and conditions.
The Customer acknowledges and agrees that Australian National Character Check has the right to amend these Terms and Conditions at any time. Amendments will become effective as soon as they are available to the general public on the Australian National Character Check website.
It is the Customer's responsibility that they check and review the Terms and Conditions to ensure they are up to date and satisfied.
16. Access to the Internet and Online Tools
The applicant of a service provided by Australian National Character Check must:
17. Force Majeure
They also agree that in the circumstances outlined, proper function of the Service and website may not be possible.
18. No Waiver
Failure or omission by Australian National Character Check at any time to enforce or require strict or timely compliance with any provision of this agreement will not affect or impair that provision, or the right of Australian National Character Check to avail itself of the remedies it may have in respect of any breach of a provision, in any way.
19. General Law Enforcement Purposes
The applicant understands that their Personal Information may be used for general law enforcement purposes, including those purposes set out in the Australian Crime Commission Act 2002 (Cth).
20. Name Check
If the Applicant has applied for a Police Check; the applicant consents to a Police check being undertaken on all names under which the Applicant was, is or has been known, as provided by the Applicant to Australian National Character Check.
21. Acknowledgement of Risk Declaration
By submitting a Police Check, VEVO Check, or Bankruptcy Check, the applicant accepts the inherent risk that is associated with transferring data online. While reasonable steps are taken to ensure data is securely protected by way of network security controls, Australian National Character Check cannot guarantee the mitigation of every intrusion attempt.
Australian National Character Check shall use its best endeavours to operate its service. The applicant hereby releases Australian National Character Check, and its agents, servants, contractors and employees from time to time, to the full extent permitted by law, from all claims and demands of every kind resulting from any loss or damage to the applicant, or any persons related to the applicant, arising in and from the operation of Australian National Character Check service, the failure to operate the same, or any other matter or thing arising out of these terms and conditions.
23. Cap of Total Liability
Total aggregate liability for any damages suffered or incurred by the applicant under or in any way connected with these terms and conditions or the provision of Australian National Character Check service is limited to an amount equal to the Fee paid by the Applicant to Australian National Character Check.
Any provision of these terms and conditions which become illegal, void or unenforceable will be ineffective to the extent only of such illegality, voidness or unenforceability and will not invalidate the remaining provisions. Every clause of these terms and conditions (including parts of clauses) must be read as a separate and severable provision
This agreement is governed by, takes effect under and will be construed in accordance with, the laws of the Australian Capital Territory, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Australian Capital Territory and courts entitled to hear appeals therefrom.
If these Terms and Conditions are terminated for any reason such termination will not affect any accrued rights or liabilities of Australian National Character Check nor will it affect the coming into force or the continuance in force of any provision of this agreement which is expressly or by implication intended to come into force or continue on or after the termination.