Terms & conditions
Last modified: July 2020
Backy Check is the brand AMICI Tech is using to promote its background check service.
These terms and conditions apply to the services provided by AMICI TECH PTY LTD ACN 630 920 400 (AMICI Tech) to you.
By requesting an Agency Check (including without limitation a Police Check, Bankruptcy Check or VEVO Check) or otherwise registering for, or using, the Services, you (Customer) agree that you:
- have read and understood these terms and conditions; and
- 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:
Accredited Body means AMICI Tech
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 AMICI Tech provides to the Customer in conducting the Services.
Agency Information includes the information about an individual received by AMICI Tech from a Government Agency or other authorised third party in conducting the Services, including without limitation Police History Information and Visa Entitlement Information.
AMICI Tech Pre-Existing IPR means any Intellectual Property Rights owned and created by AMICI Tech prior to the Commencement Date (together with any improvements, modifications and enhancements made to those rights during the term of terms and conditions).
AMICI Tech Systems means all hardware, software, materials and resources used by (or on behalf of) AMICI Tech to provide the Services (and includes the Web Tools).
Applicant means a person in relation to whom the Accredited Body Customer seeks a nationally coordinated criminal history check.
Bankruptcy Check means the document or data file that AMICI Tech 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 AMICI Tech notifies the Customer of AMICI Tech's acceptance of the Customer Request submitted by the Customer through the Website or other manner accepted by AMICI Tech (and whether such notification is by email, by onscreen confirmation of acceptance or otherwise).
Commencement of Identity Document means the documents identified as 'Commencement of Identity Documents' in clause 1(b) of Annexure A (Identity Proofing Documents and Processes).
Confidential Information means all confidential, non-public or proprietary information, regardless of how that information is stored or delivered, exchanged between the parties and relating to our business, Technology or other affairs and includes any pricing arrangements or discounts discussed or agreed by the parties or information which is otherwise obtained by you and which is by its nature confidential or that you know (or ought to know) is confidential, but does not include information that is:
- in or enters the public domain through no fault of you or any of your Personnel;
- received by you from a third party who had a legal right to provide it; or
- was developed by you independently of us or any of our Personnel;
Customer means the individual or legal entities paying the service and lodging the application;
Customer Data Customer Data means data and information relating to the Customer and its operations, facilities, personnel, assets, products, sales and transactions.
Customer Request or Application means the application form, request to provide Services, or similar application or request completed or submitted by the Customer to AMICI Tech 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.
Fees means the fees to be paid by the Customer to AMICI Tech at or about the time that the Customer submits a Customer Request for Services.
Force Majeure means:
- act of God, lightning, storm, flood, fire, earthquake, explosion cyclone, tidal wave, landslide or adverse weather conditions;
- act of public enemy, war (declared or undeclared), act of terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion or epidemic;
- the effect of any applicable laws, orders, rules or regulations of any government or other competent authority;
- embargo, power or water shortage or lack of transportation;
- any External Factors; or
- any other event beyond the reasonable control of a party.
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:
- any patents, patentable invention, discoveries, copyright, rights in circuit layouts, designs, registered designs, trade and service marks, trade names and any right to have confidential information kept confidential;
- computer program material (including computer software computer object code, computer source code, user manuals, tables, charts, flow charts, programming manuals, algorithms, formulas, diagrams, plans, drawing techniques, data, data structures, logical ideas, concepts and processes);
- any application or right to apply for registration of any of the rights referred to in paragraph (a); and
- all rights of a similar nature to any of the rights in paragraphs (a) and (b) which may subsist anywhere in the world (including Australia).
International Check means the document or data file that AMICI Tech provides to Customer(s) containing Agency Information received by AMICI Tech 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):
- the common law and equity;
- any statute, regulation, by-law, ordinance or subordinate legislation (including the Privacy Laws);
- any licence, permit, authorisation, accreditation, code of practice, code of conduct, order, direction or other requirement which is enforceable against the Customer or AMICI Tech (as the case may be) or which is issued under an instrument referred to in paragraph (b), and includes any amendment, change, update or replacement to any of them that may be implemented or take effect during the term of this terms and conditions; and
- with respect to any International Check, anything specified in sub-paragraphs (a), (b) or (c) of this definition applicable in the relevant overseas jurisdiction.
Police Check means the document or data file that AMICI Tech 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.
- in relation to the Legal Entity Customer, the Legal Entity Customer’s each employee, each Subcontractor and any officer, contractor, partner, volunteer, agent, director, board member of the Legal Entity Customer or a Subcontractor;
- in relation to the Accredited Body, the Accredited Body’s authorised officer, each Subcontractor and any officer, employee, contractor, partner, volunteer, agent, director, board member of the Accredited Body or a Subcontractor; and
- in relation to the Commonwealth, officers, employees, volunteers, agents or contractors of the ACIC or any entity that is contracted by the ACIC other than the persons and entities referred to in paragraph (a) of this definition.
Police Information means any of the following information:
- information collected for the purposes of providing the Service;
- information collected for the purposes of a nationally coordinated criminal history check; and
- information released as part of a nationally coordinated criminal history check including information contained in a nationally coordinated criminal history check.
Primary Use in Community Document means a document named as such in Annexure A (Identity Proofing Documents and Processes).
Privacy Act means the Privacy Act 1988 (Cth).
Privacy Laws means:
- the Privacy Act, the Health Records Act 2001 (Vic), the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth);
- all codes, guidelines, service standards and procedures issued by a Governmental Authority; and
- all other laws, rules and regulation in any relevant jurisdiction (including Australia),
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.
Secondary Use in the Community Document means a document named as such in Annexure A (Identity Proofing Documents Processes).
Service means the provision of information relating to the result of a nationally coordinated criminal history check in relation to an Applicant.
VEVO Check means the document or data file that AMICI Tech 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.
Vulnerable Group means:
- a child; or
- an adult who is:
- disadvantaged or in need of special care, support, or protection because of age, disability, or risk of abuse or neglect; or
- accessing a service provided to disadvantaged people.
Website means the AMICI Tech websites located at backycheck.com or amicitech.com (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 AMICI Tech to enable the Customer to receive the benefit of the Services.
In these terms and conditions, unless the contrary intention appears:
- headings are for ease of reference only and do not affect the meaning of these terms and conditions;
- the singular includes the plural and vice versa and words importing a gender include other genders;
- other grammatical forms of defined words or expressions have corresponding meanings;
- a reference to a clause, paragraph, schedule or attachment is a reference to a clause or paragraph of or schedule or attachment to these terms and conditions and a reference to these terms and conditions includes any schedules and attachments;
- a reference to a document or agreement, including these terms and conditions, includes a reference to that document or agreement as novated, altered or replaced from time to time;
- a reference to a party includes its executors, administrators, successors and permitted assigns;
- the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
- any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;
- words and expressions importing natural persons include partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies; and
- a reference to any statute or other legislation is to a statute or other legislation as amended or replaced from time to time.
2.1 Performance of Services
AMICI Tech will, from the date that Customer pays the Fees:
- provide the Services; and
- permit the Customer to access and use the Web Tools for the purposes of receiving the benefit of the Services.
2.2 Access to the Web Tools
The Customer must:
- at its cost, provide appropriate access devices, software, operating conditions, cabling, telephone lines, modems and internet connections required for it to access the Web Tools and otherwise receive the benefit of the Services;
- ensure that no unauthorised use is made of the Web Tools;
- comply with all of AMICI Tech operating and security requirements and procedures relating to:
- access to the Web Tools; and
- the use of the Services, (including in respect of passwords and other security information) as displayed on the Website or otherwise notified to the Customer from time to time.
- other than as expressly permitted under these terms and conditions, not obtain (nor attempt to obtain) any access to, or interfere with:
- any programs or data of AMICI Tech or any other client of AMICI Tech; or
- any part of the AMICI Tech Systems, hardware, software or networks.
- not introduce any Harmful Code into the AMICI Tech Systems.
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 AMICI Tech, in which case AMICI Tech 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
- Despite anything else in these terms and conditions, AMICI Tech does not undertake, warrant or guarantee that the Services (including access to the Web Tools or other AMICI Tech Systems) will be uninterrupted, continuous or error or defect free.
- The Customer acknowledges and agrees that its use of the Services is dependent on, and affected by, a number of environmental and other factors outside of the reasonable control of AMICI Tech (‘External Factors’). AMICI Tech (and its directors, employees and agents) will have no liability whatsoever relating to any failure of, or interruption in the performance of, the Services resulting from any External Factors. In the event of failure of the Services, AMICI Tech will use reasonable commercial endeavours to restore the Services to an operational state with the minimum practicable delay.
- The Customer acknowledges that, from time to time AMICI Tech will conduct routine and other maintenance on the Website and the AMICI Tech Systems.
- The Customer acknowledges and agrees that AMICI Tech may suspend the Services (including the Customer's access to the Web Tools) if:
- AMICI Tech is required to do so by Law or any Governmental Agency; or
- the Customer breaches any provision of these terms and conditions.
2.4 Agency information
Agency Information is provided to AMICI Tech by Government Agencies and authorised third parties (including ACIC and DIBP in Australia), and AMICI Tech uses this information to provide Agency Checks to Customers (including without limitation Police Checks, VEVO Checks and International Checks). AMICI Tech does not have direct access to any Agency Information, and AMICI Tech 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:
- AMICI Tech does not have access to Agency Information (including without limitation Police History Information or Visa Entitlement Information);
- AMICI Tech is not responsible for Agency Information (including without limitation Police History Information or Visa Entitlement Information) provided to Customer on any Agency Check;
- AMICI Tech cannot change, modify or adapt any Agency Information on any Agency Check (including without limitation any Police Check, VEVO Check or International Check); and
- that accuracy and quality of Agency Information is dependent on the relevant Government Agency or authorised third party (as the case may be), and AMICI Tech is not responsible for any inaccurate information provided to Customers.
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:
- the Customer consents to AMICI Tech using and disclosing the Customer’s Personal Information:
- to conduct any Agency Check that is the subject of the Customer’s Customer Request;
- as required by AMICI Tech to provide the Services and perform its obligations under these terms and conditions; and
- to comply with AMICI Tech’s obligations under any agreement AMICI Tech has with the ACIC with respect to the provision of Police Checks,
- that the Customer is solely responsible and liable for ensuring that all information provided to AMICI Tech by the Customer (including any Personal Information) is accurate, complete and up to date, is not misleading, does not infringe any other person’s rights and is not in provided in breach of any applicable Law.
- AMICI Tech is not responsible for any consequences if AMICI Tech has relied on information provided by the Customer, and such information is inaccurate or incomplete.
3. Customer's obligations
3.1 Licenses and Compliance
The Customer must:
- comply with all applicable Laws and industry codes and practices;
- comply with AMICI Tech directions, policies and procedures relating to the use of the AMICI Tech Systems and the Service including, but not limited to:
- any applicable Law (including the Privacy Laws) or industry code or practice; or
- any other rules or guidelines posted on the Website or otherwise notified to the Customer by AMICI Tech from time to time;
- not act in any way that may have a detrimental effect on the goodwill or good standing of AMICI Tech;
- not act in a way that may expose AMICI Tech to the risk of any legal or administrative action including prosecution under any Laws; or
- not act in a way that will interfere with or disrupt AMICI Tech's business.
3.2 Responsibility for Usage of Services
- The Customer is solely responsible for all lodgements of Customer Requests under their unique username and password.
- Customers cannot share login access to employers, friends, family under any circumstances, they must notify AMICI Tech if anything extraordinary, by email at firstname.lastname@example.org.
- The Customer acknowledges and agrees that, notwithstanding paragraph (1), AMICI Tech may, in their absolute discretion, monitor the Customer Requests being lodged by or on behalf of the Customer using the Services.
- 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 Portal Access to the service
AMICI Tech is serious about privacy and IT security. For that reason the Customer access to the portal is temporary.
Portal enabled for the individual only for 14 days after purchase was done, 14 days after results are ready to be downloaded. After this time if the individual hasn't kicked the process or the results were not downloaded, a new login needs to be generated using the same account for security reasons.
4. Variation to Fees
AMICI Tech 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:
- each time the Customer lodges a Customer Request the Customer will be charged the Fees (which may be varied by AMICI Tech from time to time in accordance with clause 4);
- when a Customer Request is received from a Customer the Fees will be charged to the Customer as soon as a Customer Request is entered into the AMICI Tech Systems and regardless of whether or not the Customer Request has been checked for accuracy or completeness; and
- the Fees will be set by us and as varied under clause 4.
The Customer must have paid AMICI Tech the Fees (in clear funds) in order for the Customer to use the Services. AMICI Tech is under no obligation to provide the Services if the Customer has not paid the Fees to AMICI Tech.
5.2 AMICI Tech rights to not proceed with a Customer Request
AMICI Tech may in its sole discretion choose to withdraw and not proceed with completion of a Customer Request if:
- Customer’s credit card payment is not processed in the first run whether or not due to card entry errors (including an incorrect or expired card expiry date) made by Customer;
- there are insufficient funds or the credit limit is insufficient to cover the Fees amount;
- Customer does not pay the amount into a bank account nominated by AMICI Tech within two business days; or
- AMICI Tech is unable to contact Customer for any reason.
If Customer fails to comply with any of these terms and conditions, any money which Customer paid to AMICI Tech on account of any Customer Request may be forfeited to AMICI Tech. AMICI Tech 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 AMICI Tech has requested further information from the Customer and the Customer has failed to respond), AMICI Tech may in its absolute discretion cancel or archive the Customer Request and any money which that Customer has paid to AMICI Tech on account of that Customer Request will be forfeited to AMICI Tech and AMICI Tech is released from all Claims and any obligations to provide the Services in connection with that Customer Request.
AMICI Tech only offers refunds where AMICI Tech 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:
- confirmed that the relevant Agency Check will be acceptable for the purpose(s) that the Customer intends to use it;
- provided true and correct information with respect to any relevant Customer Request;
- properly and accurately completed any online application with respect to the relevant Agency Check;
- properly provided all consents (including by signing and dating any pre-populated informed consent form) required by AMICI Tech with respect to the relevant Services; or
- properly provided all identification information required by AMICI Tech with respect to the relevant Services.
AMICI Tech is not responsible for, and the Customer acknowledges that the Customer is not entitled to any refund with respect to:
- data entry errors that have been made by the Customer, the failure by the Customer to provide required details and other information (including identification information), or the provision by the Customer of false or incorrect information with respect to the relevant Customer Request;
- Customers that have changed their mind after partially or fully completing a Customer Request;
- selection by the Customer of the wrong Agency Check type and/or reason for the Agency Check when completing the relevant Customer Request; or
- failure by the Customer to properly complete a Customer Request, including by failing to sign, date and return any informed consent form required with respect to the Services the subject of that Customer Request.
AMICI Tech may charge a non-negotiable refund-processing fee of $10.00 (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 AMICI Tech and will be retained by AMICI Tech.
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. AMICI Tech will then assess the refund request and determine if the Customer is eligible for a refund.
To the full extent permitted by Law, AMICI Tech 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):
- the consideration payable or to be provided for that supply under these terms and conditions but for the application of this clause (GST exclusive consideration) is increased by, and the recipient of the supply (Recipient) must also pay to the Supplier, an amount equal to the GST payable by the Supplier on that supply; and
- the amount by which the GST exclusive consideration is increased must be paid to the Supplier by the Recipient without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided.
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 AMICI Tech Intellectual Property Rights
Customer acknowledges that, unless and to the extent stipulated to the contrary in these terms and conditions, AMICI Tech 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:
- the Website and the AMICI Tech Systems;
- all AMICI Tech Pre-Existing IPR; and
- all documentation, know-how, methodologies, equipment, systems, processes and other materials supplied or made available to the Customer under or in connection with these terms and conditions, and nothing in these terms and conditions transfers or assigns to the Customer any of those rights.
8.2 Customer Intellectual Property Rights
AMICI Tech acknowledges and agrees that, as between the parties, the Customer retains all Intellectual Property Rights in the Customer Data.
The Customer grants to AMICI Tech a non-exclusive, non-transferable, royalty-free licence to use and reproduce the Customer Data solely for the purpose of enabling AMICI Tech to discharge its obligations under these terms and conditions.
- agrees to be bound by the Privacy Laws applicable to it with respect to any act done or practice engaged in by the party for the purposes of these terms and conditions (including, in relation to the Customer, in respect of the collection, use, disclosure and storage of the Personal Information);
- must (and must ensure that its Personnel) comply with:
- the Privacy Laws and all guidelines issued by applicable privacy offices (and any similar regulatory bodies); and
- the privacy procedures or policies set out at https://backycheck.com/privacy-policy.html, as varied by AMICI Tech from time to time;
- must notify the other party immediately:
- of any complaint from any person alleging a breach of the Privacy Laws;
- if it becomes aware of a breach, or a suspected or possible breach, by it of any of its obligations under this clause 9; or
- if it becomes aware that any disclosure of Personal Information may be required by Law;
- cooperate with the other party in:
- resolving any complaint alleging a breach of the Privacy Laws or any privacy statement regarding any Personal Information; and
- providing access to any record of Personal Information following a request from an individual; and
- take appropriate technical and organisational measures to prevent (to the extent reasonably practicable):
- unauthorised or unlawful use or disclosure of; and
- accidental loss or destruction of, or damage to, Personal Information.
10. Data protection
AMICI Tech will:
- only use Customer Data held by AMICI Tech (or to which AMICI Tech has access) for the purpose of fulfilling its obligations under these terms and conditions as required by any applicable Law and, where applicable, under any agreement AMICI Tech has with a Government Agency in relation to the provision of the Services (including specifically any agreement AMICI Tech has with ACIC with respect to the National Police Checking Service established by ACIC); and
- establish and maintain reasonable safeguards against the destruction, loss or alteration of Customer Data in the possession, custody or control of AMICI Tech; and
- use its reasonable endeavours to protect the Customer Data from destruction, loss, alteration or security breaches while the Customer Data is stored in the AMICI Tech Systems.
The Customer warrants to AMICI Tech that:
- it has the requisite power and authority to enter into these terms and conditions and to carry out the obligations contemplated by these terms and conditions;
- the transmission of the Customer Requests (or related data or information) will not infringe the Intellectual Property Rights or other rights of any person;
- it holds (and will at all times continue to hold) all rights permits, licences, authorisations and accreditations required for it to perform its obligations under these terms and conditions; and
- the performance of its obligations under these terms and conditions will:
- comply with all such rights, permits, licences, authorisations and accreditations; and
- not contravene any applicable Laws.
12. Online National Police History Checks
12.1 Processing time frames
Police agencies aim to process 95% of police checks within ten business days, noting that:
- 70% of all checks are completed within one business day
- 25% are completed within ten business days as they've been referred to one or more police agencies because an individual’s name is similar to a person of interest.
- 5% may take 15 business days or more (depending on the complexity of the check).
Processing a police check can take longer if the applicant shares similar details with other individuals recorded in police systems, particularly if they have a common name.
Please Note: Once submitted to the National Police Checking Service, AMICI Tech has NO control over how long they take to process your police check.
Australian Federal Police Checks
Processing time for an AFP National Police Check issued by the Australian Federal Police is approximately 15 - 20 business days.
Please be aware that the Australian Federal Police may need to seek information from other police jurisdictions, resulting in a longer processing time.
Please allow sufficient time for your National Police Check to be processed and return by post before making enquiries regarding your application.
Please Note: Once submitted to the National Police Checking Service, AMICI Tech has NO control over how long they take to process your police check.
12.2 Keep user/applicant/customer informed
AMICI Tech's policy and practice is to keep the user informed as much as possible if there are any unusual delays. Should an Australian National Police Check be delayed it may take several days to receive the result, and occasionally much longer.
12.3 Completion notification
AMICI Tech will let know the user once the police check is completed and notify the user.
For any inquiry about the police check you agree to contact directly AMICI Tech at firstname.lastname@example.org. You are not entitled to contact directly ACIC, and ACIC cannot answer questions relating to users police check as ACIC cannot adequately identify applicants and cannot jeopardise the protections of users information.
ACIC cannot discuss the progress of your application. All questions should be directed to AMICI Tech, by writing to email@example.com.
You can dispute a police check by writing to firstname.lastname@example.org or calling the +61403929196. It is user's responsibility to initiate this process.
Reasons for a dispute may include:
- the incorrect identification of the applicant;
- information held in police records has not been correctly matched to the applicant; or
- incomplete information was provided at the time of application.
Disputes can be raised when an applicant claims that:
- the police information released does not belong to them;
- part of the police information does not belong to the them;
- the police information belongs to the them, but the details are inaccurate; or
- the police information belongs to them, but should not have been released.
The graphic below shows the ACIC dispute process.
If you want to raise a dispute please email us at email@example.com with your first name, surname and reference number.
One of our customer service team will action your email and ask you to complete a dispute form.
We will then action the dispute through Australian Criminal Intelligence Commission (ACIC) on your behalf.
Please be advised, you cannot dispute police history information provided by AMICI Tech Pty Ltd through ACIC directly or a state based police service. All disputes must be raised through AMICI Tech.
AMICI Tech cannot release any Nationally Coordinated Criminal History Check information without receiving the Applicant's Application completed in accordance with the clause 12.8 and Informed Consent in accordance with the requirements set out in these Terms and Conditions.
12.8 Application requirements
A nationally coordinated criminal history check Application (Application or Customer request) must include the following information:
- the Applicant’s surname and given name(s), and all names under which the Applicant was, is or has been known;
- the Applicant’s date and place of birth;
- the Applicant’s gender;
- the Applicant’s residential address(es) for the past five (5) years;
- if available, the Applicant’s driver licence details;
- if available, the Applicant’s firearms licence details;
- the position title, occupation or entitlement being sought by the Applicant;
- the proposed place of work and whether the applicant will have contact with Vulnerable Groups;
- a statement or endorsement confirming that the Accredited Body is satisfied as to the correctness of the Applicant’s identity and has verified the Applicant’s identity documents.
12.9 The Applicant’s Application (Or Customer request) must:
- be completed by the Applicant and include the Applicant’s signature (in physical or electronic format) and date of signature; or
- if the Applicant is under 18 years of age — be completed by a parent or legal guardian of the Applicant and include the signature (in physical or electronic format) of the parent or legal guardian and date of signature.
12.10 Confirmation of Applicant’s identity
When reviewing an Applicant’s Application (or Customer request) and Informed Consent, the Accredited Body must satisfy itself as to:
- the Applicant’s identity; and
- the linkage between the Applicant and the claimed identity.
12.11 Requirements to confirm Applicant’s identity
In satisfying itself, the Accredited Body must sight four documents consisting of:
- at least one of the documents listed as a ‘Commencement of Identity Document’;
- at least one of the documents listed as a ‘Primary Use in Community Document’ that is also a photo identity document; and
- at least two of the documents listed as a ‘Secondary Use in the Community Document’.
An identity document must only be used once – and applicants must supply all four required documents from the three mandatory categories.
The Accredited Body may sight the documents:
- locally, by sighting an original of the documents presented by the Applicant in person; or
- remotely, by sighting a copy of each document that has been submitted by the Applicant via post or electronic submission.
The combination of the Applicant’s identity documents must include:
- the Applicant’s full name
- date of birth and
- a photograph of the Applicant.
If the Applicant does not have an identity document containing a photograph from one of the documents listed as a ‘Commencement of Identity Document’ or from one of the documents listed as a ‘Primary Use in Community Document’, the Applicant must submit a passport style photograph that has been certified by a person listed in Schedule 2 of the Statutory Declarations Regulations 1993 (Cth) that the photograph is a photograph of the Applicant.
Applicants are only required to provide identity documents for their primary name. They are not required to provide identity documents for previously known names.
12.12 Special provisions for Applicants unable to meet the clause 12.11 identity requirements
There are special provisions that apply to the following categories of Applicants who may be unable to meet the identity requirements in clause 12.11:
- whose birth was not registered
- who are homeless
- who are undocumented, or recent arrivals to Australia
- who live in remote areas
- who are transgender or intersex
- who are affected by natural disasters
- with limited access to identity documents for reasons associated with how they were raised, their ability to participate in society, or due to their age
- who are foreign nationals and reside outside of Australia.
The Accredited Body must meet the minimum requirements for these categories as advised by the ACIC.
12.13 Collection of Applicant’s Informed Consent
AMICI Tech will not submit to the ACIC any request for a nationally coordinated criminal history check unless it has collected the Applicant’s Informed Consent for the nationally coordinated criminal history check.
For the purpose of this Contract, an Informed Consent is a consent form (in physical or electronic format) that:
- is completed by the Applicant and includes the Applicant’s signature (in physical or electronic format) and date of signature; and
- if the Applicant is under 18 years of age — is completed, dated and signed by a parent or legal guardian of the Applicant and includes the signature (in physical or electronic format) of the parent or legal guardian and date of signature; and
- sets out at a minimum:
- the Applicant’s surname and given name(s);
- an acknowledgement that 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 the accredited body.
- the purpose of the nationally coordinated criminal history check;
- the purpose(s) for which the Applicant’s Personal Information is being collected and the purpose(s) for which the nationally coordinated criminal history check is being undertaken;
- any person to whom, or organisation to which, Personal Information (including Police Information) may be disclosed and in what circumstances (including the Accredited Body, the ACIC, Australian police agencies and third parties);
- where consent is required for a Permitted Offshore Transfer, the details of to whom and in which country or countries the Applicant’s Personal Information will be disclosed;
- any Law which requires that the Applicant’s Personal Information be collected and the consequences of non-compliance;
- an acknowledgement that 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);
- information that the Applicant is required to contact the Accredited Body in the first instance in relation to any dispute about the result of the police check in relation to the Applicant;
- information about the Accredited Body’s nationally coordinated criminal history check dispute process including the contact details of its complaints and privacy officer;
- if a Law requires Police Information about the Applicant to be disclosed to another person or organisation — information that the Police Information will be disclosed to that person or organisation and the basis for the disclosure; and
- the Accredited Body’s full name and contact details.
12.14 Review of the application by the applicant
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. Any incorrect information supplied by the applicant will result in an invalid AMICI Tech. The applicant understands that if their Police Check application has not been correctly lodged after 3 months, upon lodgement, updating of details may be required.
12.15 Retention and disposal policy
Users informed consent, personal information and police check result will be destroyed following the below policy.
Police Check Application - Australia
|Record or Document||Minimum Period of Retention||Disposal Period|
|Nationally coordinated criminal history check application||12 months after AMICI Tech receive the application for a police check.||No more than 3 months after the minimum retention period (15 months in total)|
Identity documents presented by applicant's for the police check - Australia
|Record or Document||Minimum Period of Retention||Disposal Period|
|Copies of identity documents the applicant presented for their police check, including verification method||12 months after AMICI Tech receive the application for a police check.||No more than 3 months after the minimum retention period (15 months in total). Except where a longer document retention period is noted in your Agreement Schedule. An example is where the NPCS team has approved an identity enrolment process.|
Applicant's informed consent for the police check- Australia
|Record or Document||Minimum Period of Retention||Disposal Period|
|Applicant's informed consent for the police check in Australia||12 months after AMICI Tech receive the application for a police check.||No more than 3 months after the minimum retention period (15 months in total)|
Check results report for the police check - Australia
|Record or Document||Minimum Period of Retention||Disposal Period|
|Check Results report (including National Coordinated Criminal History Check Certificates)||No minimum period||No more than 12 months|
13. Exclusion of warranties and limited liability
13.1 Exclusion of warranties
- AMICI Tech excludes all express and (to the maximum extent permitted by law) implied conditions, warranties and liabilities, except for any liability or implied condition or warranty the exclusion or limitation of which would contravene any applicable statute or cause any part of this clause to be void (Non-excludable Condition).
- To the maximum extent permitted by law, AMICI Tech’s liability to the Customer for breach of any Non-excludable Condition is limited, at AMICI Tech's option, to:
- in the case of goods, repair or replacement of the goods or payment of the cost of the repair or replacement; and
- in the case of services, resupply of the services or payment of the cost of the resupply.
13.2 Exclusion of liability
Subject to clause 13.4, but despite any other provision of these terms and conditions, AMICI Tech excludes all liability:
- in relation to Customer Requests (or related data or information) transmitted by the Customer using the Services (including any liability to third parties arising as a result of the transmission of any Customer Requests (or related data or information));
- for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, the cost of procuring any substitute services, or any indirect, consequential or special loss, damage, cost or expense or other Claims for consequential compensation, incurred by or awarded against the Customer under or in any way connected with these terms and conditions or the provision of the Services;
- in relation to any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law;
- in relation to any error or omission in any Agency Check;
- in relation to the accuracy or completeness of the Agency Information, to the extent that it is dependent on a number of factors outside AMICI Tech’s control (such as the accuracy and operation of ACIC’s National Police Checking Service or DIBP’s online visa checking service); and
- in relation to the security and operation of the Services and the process of provision of any Agency Checks, to the extent that they may be dependent on matters beyond the control of AMICI Tech (such as the respective Government Agencies’ or police authorities’ systems and databases, internet connectivity and network issues as well as routine maintenance or downtime).
13.3 Liability cap
Subject to clauses 13.2 and 13.4, but despite any other provision of these terms and conditions, AMICI Tech 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 AMICI Tech under these terms and conditions.
13.4 Application of exclusions and limitations
The exclusions and limitations of liability in clauses 13.2 and 13.3:
- apply whether the relevant Claim is made under statute, in tort (for negligence or otherwise), under an indemnity, in equity or otherwise; and
- do not exclude or limit the application of any provision of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would:
- contravene that statute; or
- cause any part of this clause to be void.
The Customer indemnifies AMICI Tech 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:
- a breach of these terms and conditions by the Customer;
- the transmission of any Customer Requests or Agency Checks (including any Damages sustained or incurred by those indemnified in connection with complaints or Claims relating to any Customer Requests or Agency Checks);
- any negligent or fraudulent act, error or omission on the part of the Customer or its Personnel;
- loss of or damage to any property or injury to or death of any person caused by any act or omission of the Customer or its Personnel; or
- any Claim by a third party against AMICI Tech relating to the Services or the subject matter of these terms and conditions.
15. Cancellation and suspension of the service
15.1 Cancellation by the Customer for convenience
A cancellation of an order (Which may include 1 check or different checks), can be triggered by both of our clients type (Individuals and legal entities), but the process varies for each case:
Individuals or ad-hoc contracts cancellation:
- Individuals can trigger a cancellation only if they purchased the order online. If a legal entity requested a check for an individual, the legal entity must trigger the cancellation. In this case, AMICI Tech will not accept cancellations from the individual, but will request the individual to contact the legal entity and the Request Check Process will be placed on hold.
- Individuals can trigger a cancellation at 2 different stages only:
- After the online purchase which triggers the Setup customer account
- After the Request Check Process completion.
- If a cancellation request is lodged, the order process will be placed on hold and the Data Officer along with the CIO will generate a pay invoice under a cancellation concept, based on the order amount and administrative fees to discount.
- After the cancellation is lodged, the customer will be advice that the process will be completed between 5 to 10 business days, and that administrative fees will apply as per the table below.
- GTS is deducted from the refund amount
Legal entities under fixed contract cancellation:
- This process is more simple as legal entities are engaged through a fixed contract and the invoicing happens on a monthly basis.
- Legal entities can lodge a cancellation through the portal or by contacting AMICI Tech
- A cancelled order will be placed on hold, and the order cost will be modified to consider only administrative costs as per the table below and the status of the order
- No refund is needed to be processed
- A cancellation can only be done over an order. Clients cannot cancel an order partially when an order contain multiple checks
- Cancellations will not be accepted if the order has been completed and the results are under QA or the results have been delivered already.
- A cancellation can also be triggered by the unsuccessful outcome of the identity verification process. If an applicant is unable to provide enough evidence for identity proof and didn't qualify for an exception, AMICI Tech is entitled to cancel the whole order, or dismiss the check with the issue within an order and continue with the rest if the applicant agrees. In any case, administrative fees apply and the client is entitled to a partial refund.
|Applicable cancellation fee||Where consent and administration has commenced||Checks under $30||$15 + GST|
|Checks over $30||$30 + GST|
|Where checks have commenced||100% fee for the request|
|Expenses||All reasonable expenses incurred by AMICI Tech in providing the Services up to the date of cancellation|
|Third party costs||As our third-party information providers charge us on submission of each verification, you shall also pay AMICI Tech's reasonable and direct costs (on a pass-through basis only) of terminating its agreements with any relevant third-party suppliers used in relation to the Services|
15.2 Termination (or cancellation) by AMICI Tech for cause
AMICI Tech may terminate these terms and conditions immediately by notice to the Customer if:
- the Customer commits any breach of these terms and conditions that is:
- capable of remedy and the Customer fails to remedy the breach within 2 business days after receiving written notice requiring it to do so; or
- incapable of remedy;
- the Customer ceases to be able to pay its debts as they become due;
- any step is taken by a mortgagee to take possession or dispose of the whole or part of the Customer's assets, operations or business;
- any step is taken to enter into any arrangement between the Customer and its creditors;
- any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a provisional liquidator, a liquidator, an administrator or other like person of the whole or part of the Customer's assets, operations or business;
- the Customer disposes of the whole or part of its assets, operations or business other than in the ordinary course of business;
- the Customer ceases to carry on business; or
- where the Customer is a partnership, any step is taken to dissolve that partnership.
15.3 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.
15.4 Consequences of termination
On expiry or termination of these terms and conditions for any reason:
- the Customer must:
- promptly return or delete all materials, information and documentation provided to it by AMICI Tech in connection with these terms and conditions;
- refrain from accessing or using any AMICI Tech Systems (including the Web Tools), and ensure that none of its Personnel access or use any of the AMICI Tech Systems; and
- AMICI Tech may:
- retain any Fees that have been paid to it;
- terminate all means or modes of access and use of the AMICI Tech Systems by the Customer and its Personnel; and
- be regarded as discharged from any further obligations under these terms and conditions.
Despite anything else in these terms and conditions, the Customer acknowledges and agrees that AMICI Tech may keep a reasonable number of copies of:
- the Customer's Confidential Information disclosed to AMICI Tech under these terms and conditions; and
- the Customer Data, for record keeping and quality control purposes, to allow AMICI Tech to comply with all applicable Laws.
15.5 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.
15.6 Withdrawal or Suspension
Notwithstanding any other provision in these terms and conditions, AMICI Tech reserves its right to withdraw or suspend any Services for any reason that AMICI Tech deems appropriate. AMICI Tech may, at its absolute discretion and without giving any reason, refuse to provide Services to a Customer or any person or persons.
16. Notices and other communications
16.1 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:
- in writing, in English and signed by a person duly authorised by the sender; and
- hand delivered or sent by prepaid post or facsimile or email to: firstname.lastname@example.org.
16.2 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:
- if hand delivered, on delivery;
- if sent by email, two hours after the time that the email is sent (unless the sender receives notification during that time that delivery of the email was not successful);
- if sent by prepaid post, on the second Business Day after the date of posting (or on the seventh Business Day after the date of posting if posted to or from a place outside Australia); or
- if sent by facsimile, when the sender's facsimile system generates a message confirming successful transmission of the entire Notice unless, within eight Business Hours after the transmission, the recipient informs the sender that it has not received the entire Notice,
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.
17. Verification functionality
AMICI Tech 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 AMICI Tech.
Customer acknowledges and agrees that by forwarding or making available, or by permitting AMICI Tech 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.
AMICI Tech 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.
18.2 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 AMICI Tech.
18.4 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.
18.5 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, 13, 14, 15 and this clause 18.6.
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.
18.10 Governing law and jurisdiction
These terms and conditions are governed by the laws of New South Wales, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
The Websites may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.
AMICI Tech 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 AMICI Tech 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.
Annexure A – Identity Proofing Documents and Processes
1. Name of person on identity documents
- The identity documents listed in this Annexure must be issued in the name of the person seeking to prove identity or in a former name of that person.
- Where a change of name has occurred and any of the documents listed in this Annexure are provided in a former name, evidence must also be submitted of an Australian Registry of Births, Deaths and Marriages issued change of name certificate or a Australian marriage certificate issued by a State or Territory (this does not include church or celebrant issued certificates).
2. Commencement of Identity Documents
The following documents are Commencement of Identity Documents and must not be expired:
- a full Australian Birth Certificate (not an extract or birth card);
- a current Australian Passport (not expired);
- Australian Visa current at time of entry to Australia as resident or tourist;
- ImmiCard issued by the Department of Immigration and Border Protection that assists the cardholder to prove their visa / migration status and enroll in services;
- certificate of identity issued by the Department of Foreign Affairs and Trade to refugees and non Australian citizens for entry to Australia;
- document of identity issued by the Department of Foreign Affairs and Trade to Australian citizens or persons who possess the nationality of a Commonwealth country, for travel purposes; and
- certificate of evidence of resident status.
3. Primary Use in Community Document
The following documents are Primary Use in Community Documents and must not be expired:
- a current Australian driver licence, learner permit or provisional licence issued by a State or Territory, showing signature and/or photo and the same name as claimed;
- Australian marriage certificate issued by a State or Territory (this does not include church or celebrant issued certificates);
- a current passport issued by a country other than Australia with a valid visa or valid entry stamp or equivalent;
- a current proof of age or photo identity card issued by an Australian government agency in your name with photo and signature;
- a current shooter or firearm licence showing signature and photo (not minor or junior permit or licence); and
- for persons aged under 18 with no other Primary Use in Community Documents, a current student identification card with photo or signature.
4. Secondary Use in the Community Documents
The following documents are Secondary Use in Community Documents and must not be expired:
- certificate of identity issued by DFAT
- document of identity issued by DFAT
- convention travel document secondary (United Nations) issued by DFAT
- foreign government issued documents (for example, drivers licence)
- Medicare card
- enrolment with the Australian Electoral Commission
- security guard or crowd control photo licence
- evidence of right to an Australian government benefit (Centrelink or Veterans’ Affairs)
- consular photo identity card issued by DFAT
- photo identity card issued to an officer by a police force
- photo identity card issued by the Australian Defence Force
- photo identity card issued by the Australian Government or a state or territory government
- Aviation Security Identification Card (ASIC)
- Maritime Security Identification Card (MSIC)
- credit reference check
- Australian tertiary student photo identity document
- Australian secondary student photo identity document
- certified academic transcript from an Australian university
- trusted referees report
- bank card
- credit card.