Terms & Conditions

Last Updated: 28 September 2021

These Terms and Conditions apply to your use of the Services. By requesting or using our Service, you are agreeing to these Terms and Conditions, as updated from time to time. Please ensure you read them carefully before requesting or using our Services.

The Services are provided by Personnel Pty Ltd (ABN: 51 050 096 485) trading as Probity People (ProbityPeople, we, us, ours), at its registered company address Level 8 107 Mount St, North Sydney NSW 2060.

If you want to use our Services on behalf of a legal entity (e.g., your employer, company to whom you provide services or other organisation), the ProbityPeople Customer Agreement will apply to such use of the Services. For more information on the Services offered to companies, see our website for Employers or contact us.

Term
These Terms and Conditions take effect when you click an “I Accept” button or tick box presented alongside these terms, or when you otherwise access or use the Services (Commencement Date).

Request for Services

You must provide all requested information and proof of identity documents when making a request for Services. You consent to ProbityPeople collecting, using and disclosing your personal information (including obtaining your personal information from or providing it to third parties) to provide you with the requested Service.
2.1 You:
(a) must fully and accurately complete the registration process on the platform to ProbityPeople’s satisfaction before making a request for any Services;
(b) provide all necessary proof of your identity (as specified by ProbityPeople on the website or its platform, and which may include identification documents and biometrics); and
(c) may only make a request for Services on the platform.

2.2 Subject to clause 2.1, ProbityPeople will:
(a) make the platform available to you to request, manage and view Services; and
(b) provide Services requested by you.

2.3 The Services are:
(a) providing reasonable assistance to assist you to complete the Screening and Verification Checks;
(b) performing the Screening and Verification Checks requested by you based on the information provided by you;
(c) preparing a Probity Report for you in relation to the Screening and Verification Checks you requested; and
(d) subject to clause 2.4, making the Probity Report available to you.

2.4 Some Screening and Verification Checks are performed on a confidential basis (for example, references and some psychometric tests). If your Service request relates to a Screening and Verification Check that is performed on a confidential basis, you agree that ProbityPeople will not make the relevant Probity Report available to you.

2.5 By requesting a Service, you consent to ProbityPeople:
(a) collecting, holding, using and disclosing your personal information (and which may include sensitive information) in accordance with the ProbityPeople Privacy Policy and these Terms and Conditions;
(b) providing your Probity Report containing your personal information to those people or organisations you approve (unless such approval is revoked by you, either by deactivating access via the platform or by writing to ProbityPeople);
(c) providing to, and obtaining from, third parties (which may be located overseas) your personal information necessary for the purposes of performing the Screening and Verification Checks requested by you; and
(d) retaining and storing your Probity Report containing your personal information (unless you revoke consent by writing to ProbityPeople and clause 2.7 does not apply).

2.6 If ProbityPeople invites you to complete a Screening and Verification Check at the request of a third party and you request a Service in response to that invitation, you expressly agree and consent to ProbityPeople providing a copy of the Probity Report to that third party.

2.7 ProbityPeople may retain and store some records (such as information relating to a Nationally Coordinated Criminal History Check) even if you revoke consent, to the extent that it is required to do so for a time period prescribed by Law or imposed by the third party provider of that information.

2.8 ProbityPeople may refuse to accept or process your request for Services at its discretion.
Provision of Services

You must provide all required consents, information and materials promptly

You must provide additional information or assistance requested, in 30 Days

ProbityPeople is not responsible for delays or Service caused, or contributed to, by you or others

ProbityPeople will not be liable for any inaccuracies caused, or contributed to, by you

ProbityPeople provides the Services and platform “as is” and “as available”. ProbityPeople relies on third parties to provide information forming part of the Probity Report and cannot (to the extent permitted under Law) warrant or guarantee the reliability, accuracy, completeness or currency of the information in the Probity Report.

Your consumer guarantees

ProbityPeople is committed to your privacy and will protect your personal information in accordance with its Privacy Policy

ProbityPeople may change (etc.) Services, website and platform

Payment and cancellation of Services

You must pay all applicable fees and associated Disbursements at the time of requesting the Services using one of the payment methods made available to you (e.g., credit card; direct deposit; special code/voucher). Cancellation fees apply if you cancel your request after ProbityPeople has commenced processing that request
4.1 You must pay the fees for requested Services, and any associated Disbursements, in accordance with the price list available on the ProbityPeople website at the time you request the Service, using methods provided or approved by ProbityPeople from time to time (such as credit card; direct deposit; special code/voucher provided by ProbityPeople).

4.2 If a third party supplier seeks to charge a fee for your requested Services that ProbityPeople has not accounted for, ProbityPeople will notify you of that fee and ask whether you wish to pay the fee as a Disbursement or cancel your request.

4.3 If a request for Services is:
(a) cancelled by you after ProbityPeople commences the processing of your Service request, or cancelled by ProbityPeople in accordance with clause 4.4, no refund is payable by ProbityPeople; or
(b) cancelled by you before the ProbityPeople commences the processing of your Service request, you may request a refund. You must pay all Disbursements and an administration fee of 30% in respect of each Screening and Verification Checked cancelled as part of the Service.

ProbityPeople may cancel your request if it has made ongoing efforts to provide you with the Services, but has been unsuccessful for reasons beyond its control
4.4 ProbityPeople may, at its discretion, cancel a request for Services after 30 Days if it has made ongoing efforts to provide, but been unsuccessful at providing, the Services for reasons beyond its control. If ProbityPeople cancels a request for Services in these circumstances, you will not be entitled to a full refund or credit (see clause 4.3).

4.5 ProbityPeople may cancel or suspend a Service in the event of any delay or non-performance due directly or indirectly to a Force Majeure Event affecting either party or any supplier or third party involved in ProbityPeople’s supply of the Service.
GST

5.1 Unless expressly stated otherwise, all amounts payable or consideration to be provided in accordance with these Terms and Conditions are inclusive of GST.

5.2 If GST is payable on any taxable supply made under these Terms and Conditions, for which the consideration is expressly stated to exclude GST, you must pay to ProbityPeople an additional amount equal to the GST payable at the same time that the consideration for the supply is to be provided, subject to ProbityPeople giving you a tax invoice.

5.3 A term that has a defined meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the same meaning when used in this clause 5.
Nationally Coordinated Criminal History Checks

If your request for Services includes a Nationally Coordinated Criminal History Check, in addition to providing all requested information and not providing any false or misleading information, you consent to ProbityPeople disclosing your personal information to ACIC (and which may use and disclose your personal information for the purposes of verifying your information and other law enforcement purposes)
6.1 If you request a Nationally Coordinated Criminal History Check, you:
(a) acknowledge that the position or entitlement for which you are being considered may be in a category for which exclusions from Spent Convictions legislation apply;
(b) confirm that you have fully answered all questions asked by ProbityPeople and the personal information you have provided:
i. relates to you;
ii. contains your full name and all names previously used by you; and
iii. is correct and not misleading,
(c) acknowledge that the provision of false or misleading information is a serious offence;
(d) acknowledge that ProbityPeople is collecting information to provide to the Australian Criminal Intelligence Commission (ACIC) and Australian police agencies;
(e) consent to:
i. ACIC disclosing your personal information to Australian police agencies;
ii. 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;
iii. ACIC providing the information disclosed by Australian police agencies to ProbityPeople; and
iv. disclosing your personal information and the relevant Probity Report to any relevant third parties in accordance with clause 2.6.
(f) acknowledge that any information provided by you relates specifically to the purpose identified in the “Position Title”, “Occupation” or “Entitlement” field under Your Personal Details;
(g) acknowledge that personal information provided by Australian police agencies or ACIC relates specifically to the purpose identified in the “Position Title”, “Occupation” or “Entitlement” field under Your Personal Details;
(h) acknowledge that personal information that you provide may be disclosed to ProbityPeople, including contractors, suppliers or related bodies corporate located in Australia or overseas for administrative purposes; and
(i) acknowledge that it is usual practice for your 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.
Security

You must not access or use the Services, platform or website in a manner that is unlawful or would pose a security risk to, or negatively impact, ProbityPeople’s Services, platform or website
7.1 You must not use the Services or platform in any manner or for any purpose other than as expressly permitted by these Terms and Conditions. The examples described in this clause are not exhaustive. If you do not comply with this clause, ProbityPeople may suspend or terminate your use of the Services.

7.2 You must not use, or authorise, encourage, promote, facilitate or instruct others to use, the Services or platform in a manner that is illegal, harmful, fraudulent, offensive or that infringes on the right of any person, or to transmit, store, display, distribute or otherwise make available content that ProbityPeople considers to be illegal, harmful, fraudulent, or offensive.

7.3 You must not use the Services or platform to host or distribute any computer technology that may damage, interfere with, intercept, or expropriate any system, program, or data (including viruses, Trojan horses, worms, time bombs, cancelbots or other malware).

7.4 You must not access or use the Services or platform to threaten, attempt or engage in conduct that would violate the security or integrity of (including though a malicious act or negligent omission), or otherwise gain unauthorised access to, any communication, other account, network, computer or communications system, software application, or network or computing device.

7.5 You must not threaten, attempt, or engage in, conduct that is likely to interfere with, pose a security risk to, or adversely impact ProbityPeople’s Services, platform, website, or other systems of ProbityPeople, including the information of other customers or applicants and their use of the Services, platform, website or other systems. For clarity, this includes monitoring or crawling systems in a way that impairs or disrupts them, denial of service attacks or intentionally interfering with any computer system or network.

7.6 ProbityPeople may, but is not obliged to, investigate any violation of this clause 7 or any other misuse of the Services, platform, website or other system. ProbityPeople may:
(a) report any activity that ProbityPeople suspects violates any Law or these Terms and Conditions to law enforcement officials, regulators, or other appropriate third parties; and
(b) cooperate with law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this clause.
Indemnity

You promise to compensate ProbityPeople for any losses or damage suffered if you provide any incorrect, inaccurate, incomplete or defective information, or for any for delays or failure to provide requested information, in connection with ProbityPeople’s supply of the requested Services, or if you otherwise fail to comply with these Terms and Conditions.
8.1 You will defend, indemnify, and hold harmless, ProbityPeople and its related bodies corporate and each of its and their respective employees, officers, directors, and representatives from and against all damages, loss, costs, expenses (including legal costs) and liabilities incurred or suffered arising out of or in connection with any one or more of the following:

(a) any incorrect, inaccurate, incomplete or defective information you provide to ProbityPeople;
(b) any delays or failure to provide information (including in any Probity Report) caused or contributed to by you; or
(c) you carrying out or failing to carry out your obligations under these Terms and Conditions.

8.2 Each indemnity is a continuing obligation separate and independent from any other obligations and survives the termination of these Terms and Conditions.
Limitation of Liability

ProbityPeople is not required to compensate you for losses or damages you suffer as a result of your failure to comply with these Terms and Conditions; any inaccurate, incomplete or out-of-date information included in the Probity Report that was supplied by third party providers or arises because of the information you provided to ProbityPeople; your delays or failure to provide requested information; or your inability to use the Services. If ProbityPeople is required to pay you for losses or damages suffered, its liability will be limited to the value of the total fees you paid to ProbityPeople for the Services.
9.1 Subject to clause 3.8 in no event will ProbityPeople be liable to you for any compensation, reimbursement, or damages:
(a) for any employment or other decisions made by third parties with which you share the Probity Report;
(b) arising or caused directly or indirectly by your breach of these Terms and Conditions;
(c) arising out of or in connection with the accuracy, completeness, currency or quality of information supplied by third parties that is provided as part of the Services;
(d) arising out of or in connection with any delays or failure to provide the Services which is caused or contributed to by third-parties;
(e) arising out of or in connection with the accuracy, completeness, currency or quality of the information provided by you;
(f) arising out of or in connection with any delays or failure to provide the Services which is caused or contributed to by you; or
(g) arising out of or in connection with your inability to use the Services as a result of:
i. these Terms and Conditions or your use of or access to the Services or platform being terminated or suspended for any reason;
ii. ProbityPeople discontinuing some or all of the Services in whole or in part; or
iii. any downtime, processing delay, interruption or unavailability of any part of the Services.

9.2 ProbityPeople’s total aggregate liability to you under these Terms and Conditions is limited to the value of the total fees paid or payable by you for the Services in respect of which the liabilities arise, and where the Services include multiple Screening and Verification Checks, the total fees paid or payable by you in respect of the specific Screening and Verification Check for which the liability arises.
Changes to these Terms and Conditions or Services

ProbityPeople can change these Terms and Conditions at any time by giving you 30 Days’ notice
10.1 These Terms and Conditions and any Services may be amended at any time if:
(a) ProbityPeople provides 30 Days’ notice (Notice Period) to you of an amendment, by email or by providing a notification on the website or the platform; and
(b) following the Notice Period, you make further requests for Services.
Use of the Service, Probity Report and Intellectual Property

You can use the Services, platform and Probity Report, for your own personal use, but you obtain no other rights to them. The Probity Report provides a point-in-time reference and information may change after that point-in-time. You must not re-use (other than for personal use), re-sell or re-package the Services or Probity Report.
11.1 You acknowledge that the Probity Report provides the results of a ‘point-in-time’ Screening and Verification Check and information may change after the point-in-time at which the Screening and Verification Check was performed.

11.2 You must not re-use (other than for your personal use), re-sell or re-package the Services or Probity Report other than as permitted under these Terms and Conditions.

11.3 ProbityPeople and its licensors own all rights, title, and interest in and to the Services and Probity Reports including to Intellectual Property. Subject to these Terms and Conditions, ProbityPeople grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable licence for the Term to access and use the Services solely in accordance with these Terms and Conditions, including to use the Probity Report for your own personal use. You obtain no rights under these Terms and Conditions from ProbityPeople or its licensors to the Services or Probity Report, including any related Intellectual Property Rights.
Termination

You can terminate this agreement for any reasons by closing your account or if ProbityPeople breaches these Terms and Conditions in a material way.
ProbityPeople can terminate this agreement subject to providing any already-requested Services where practical and where it is not exercising any other suspension or cancellation rights.
Termination without cause
12.1 You may terminate these Terms and Conditions for any reason by closing your account using the tools provided in the platform.

12.2 ProbityPeople may terminate these Terms and Conditions for any reason by providing you with notice, provided that ProbityPeople will supply you any Services requested before that notice except to the extent that ProbityPeople exercises rights of suspension or cancellation of those Services under these Terms and Conditions (such as clauses 4.4 or 4.5).

Effect of termination
12.3 The termination of these Terms and Conditions does not affect any remedies which either party may have under these Terms and Conditions or otherwise. The following clauses, and any other terms that expressly or by necessary implication or their nature, survive termination: clauses 3.6, 3.7, 3.9, 3.10, 3.11, 8, 9 and 11.
General

13.1 These Terms and Conditions are governed by the laws of New South Wales.

13.2 Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

13.3 You must not transfer any right or liability under these Terms and Conditions without the prior written consent of ProbityPeople.

13.4 ProbityPeople may transfer its rights or liabilities under these Terms and Conditions, without your further consent:
(a) in connection with a merger, acquisition or sale of all or substantially all of its assets; or
(b) to any related company or as part of a corporate reorganisation,
and you must take any reasonable steps notified by ProbityPeople to give effect to any such transfer (including by signing any documents needed to formalise or confirm an assignment or novation).

13.5 Any failure by ProbityPeople to exercise any right under these Terms and Conditions does not operate as a waiver and the single or partial exercise of any right by ProbityPeople does not preclude any other or further exercise of that or any other right by ProbityPeople.

13.6 The rights of a party under these Terms and Conditions are cumulative and not exclusive of any rights provided by law.

13.7 If any provision of these Terms and Conditions are invalid, unenforceable or unlawful, then it is severed without invalidating or affecting the remaining provisions of these Terms and Conditions.
Interpretation and Definitions

14.1 In this Terms and Conditions:
“Commencement Date” has the meaning set out at the start of this Agreement.

“Day” means calendar day.

“Disbursement” means any third party charge or fee incurred by Probity in connection with providing the Services.

“Force Majeure Event” means any delay or non-performance caused or contributed, directly or indirectly, by wars, terrorism, pandemics, epidemics, strikes, lockouts, acts of God, governmental of quasi-governmental act or omission, or any other cause beyond the affected party’s reasonable control.

“In Progress” means the status of a request for a Service which is labelled as such.

“Laws” means:
(a) any statute, regulation, bylaw, ordinance or subordinate legislation;
(b) any binding court order, judgment or decree; and
(c) any mandatory industry code or standard enforceable by law.

“Nationally Coordinated Criminal History Check” means a criminal history and police information check conducted by the ACIC and the result of that checking process provided by the ACIC to ProbityPeople as part of the Service.

“Probity Report” means the information prepared, compiled and produced as a result of ProbityPeople performing the Services.

“Services” has the meaning set out in clause 2.3 and includes the information, data products, services and Probity Reports provided to Customer as part of those Services.

“Screening and Verification Checks” means each of the screening and verification checks as described on the website which are made available through the platform under this Agreement, including:
(a) Nationally Coordinated Criminal History Check;
(b) bankruptcy check;
(c) credit history check;
(d) directorship and shareholding check;
(e) employment confirmation check;
(f) comprehensive reference check;
(g) education verification;
(h) qualification verification;
(i) licence and membership certifications (e.g., contractor or tradesperson licence, driver’s licence, safe work licence or RSA/RCG);
(j) registration and accreditation validations (i.e., registration or accreditation for specialised roles such as health practitioners, tax agents, migration agents, accountants, lawyers and approved registered training organisations);
(k) visa entitlement to work check (VEVO); and
(l) any other screening and verification checks made available by ProbityPeople.

“Working Day” means any day other than Saturday, Sunday or a public holiday observed in Sydney, New South Wales, Australia.

14.2 In these Terms and Conditions, unless the context otherwise requires:
(a) references to the ‘platform’ are to any web-based platform used by ProbityPeople to supply the Services from time to time;
(b) clause headings are for reference purposes only;
(c) the singular includes the plural and vice versa;
(d) reference to a person includes any other entity recognised by law and vice versa;
(e) where a word or phrase is defined its other grammatical forms have a corresponding meaning;
(f) any reference to a party to these Terms and Conditions includes its successors and permitted assigns;
(g) the use of the word includes or including is not to be taken as limiting the meaning of the words preceding it; and
(h) the expression at any time includes reference to past, present and future time and the performance of any action from time to time.