These Terms and Conditions ("Terms") will govern the Services provided by us to you. Importantly, it outlines both your responsibilities and ours whilst providing the Services.
These Terms are to be read in conjunction with our Privacy Policy and Website Terms of Use.
We may need to revise these Terms from time to time without notice. If a change meaningfully alters these Terms we will notify you (for example via email).
If you continue to use our Services, you agree to be bound by the changes made to the Terms.
Definitions
"You" is the person who engages us to provide the Services.
"Authority to Act" means you have duly authorised us to provide the Services, in accordance with these Terms.
"Engagement" of us by you occurs when these Terms are acknowledged and accepted by you and you have instructed us to act.
"Nominated Subject" means the person, company, organisation or other entity that is the subject of a request by you for us to perform Services.
"Services" means any and all services provided by us, including but not limited to skip tracing and searching and service of documents (process serving).
Responsible use of Data and Compliance
Please read our Privacy Policy which details the manner of both the collection of information (including personal information) and its usage.
You agree that information supplied to us is only supplied to us for the purpose of:
- A commonly recognized business use whereby the business for which you seek the information has a pre-existing business relationship with the Nominated Subject of the inquiry; or
- A use which will clearly cause no emotional, physical or financial harm to any person or company, organization or third party or Nominated Subject; or
- A use that is relevant to the subject matter of a documented civil or criminal action.
- Use of data obtained from Identisearch.com.au shall be for legal and moral purposes only.
Any information obtained by us or from us must not be used in part or whole to determine a person's s eligibility for credit, employment, insurance or any other purpose for which such information was not obtained, except in connection with collection of a debt. If adverse action is to be taken against the person and the information to be used has been obtained from us, you agree that you will comply with all relevant legislative requirements.
You confirm that you have not misrepresented yourself, your company, organisation or your purpose for viewing or using us for our Services.
You understand that any misrepresentation by you may result in civil and criminal action against you and your organisation, employees and affiliates. You also agree to us checking any information provided to us by you prior to us undertaking Services for you.
Should you misrepresent yourself, your company, organisation or your purpose for using our Services, you will forfeit any fees paid to us and no information will be provided to you.
You warrant that any requests to us for our Services are legal and proper in your jurisdiction and comply with all applicable laws, both Federal and State.
Turnaround Times
All listed turnaround times provided by us are estimates and apply only to business days.
Turnaround times provided by us are inclusive of the amount of time it will take us to process your requests for Services and perform those Services.
Where turnaround times are listed as "days" or "hours", we are referring to Australian business days, inclusive of abiding by the Victoria public holiday calendar and normal business trading hours.
In the event that the quoted turnaround time is exceeded or an extension of time is required to complete the requested Services, we will notify you by email.
Reports
A skip trace request is considered by us, and charged accordingly after we have:
- Confirmed a current residential or employment address for the Nominated Subject on the skip trace request form.
- Where the Nominated Subject on the skip trace request form has been found to be deceased and we establish who the executor of the estate is, we shall contact the next of kin or verify the death via the corresponding State office and or State Registry and seek further verification with a family member or next of kin.
- Where the Nominated Subject on the skip trace request form is spoken to by an agent of us but refuses to provide the agent with their full contact details but agrees to contact you, we shall provide you with a contact phone number and or a PO BOX address for correspondence with the Nominated Subject on the skip trace.
We endeavour to provide as much information as possible at all times and will only consider the Nominated Subject of the skip trace as 'located' when the information obtained by us is verified twice (using our separate methods of identification and verification). The Nominated Subject of a skip trace request is considered 'unlocated' when we are unable to establish a current and verified residential or employment address. In this instance, our report will state all actions and inquiries that were made during the investigation and as much valid information as possible will be provided.
There are some standard reasons why a Nominated Subject of a skip trace may not be traceable and located, for example if they have left the country, are homeless, fugitives, incarcerated in some states whose authorities will not provide information due to the privacy of the prisoner, minors, are not Australian citizens or have changed their identity through a witness relocation program or marriage (in the case of a female), or used or supplied false or fraudulent identification.
Refund Policy
We provide no refunds, exchanges, or credit. You are responsible for providing accurate information in filling out our Skip Trace Request Form. We are not responsible for typing errors or mistakes in the information provided to us by you.
Once a skip trace request has been processed/submitted, cancellations or retractions of the request cannot be made and will incur the at least the minimum charge (standard 'unlocated' fee).
Prices and Fees
A quotation of fees by us is not an offer to provide Services. We will not be bound to provide the Services to you until such a quote is accepted in writing by you.
All invoices are GST inclusive and must be paid within 30 days of the date of the invoice.
You are responsible for all disbursements incurred in the provision of Services and in accordance with these Terms including but not limited to service and search charges and legal costs.
All charges and expenses incurred relating to third-party searches shall be paid by you prior to the result of such search being provided to you.
If payment of an invoice is not made within 30 days of the date of the invoice, interest shall accrue on the outstanding amount at a rate of 5% per annum until the invoiced amount is paid in full.
Prices and fees are subject to change with prior notice.
Note about Customer Input
Our Services are restricted to the following:
- One Nominated Subject per search.
- One set of criteria per Nominated Subject.
- Where the Nominated Subject is a person, one name per search.
All searches require the Nominated Subject be identified through a unique set of required criteria provided by you, as requested in the description of our Services on our website. If multiple names are submitted, only one set of criteria will be used per order. To search the other names, additional orders will need to be placed separately for each set.
Where the Nominated Subject is a company and the directors/shareholders are being sought, each director/shareholder will be a separate skip trace and will be invoiced accordingly. As an example, two people may have been directors of the same company. One director is located and the other is not. This would incur the cost of one located fee and one unlocated fee.
Additional Information
Additional information provided by you on the order form can be useful to narrow down your search to the right person and may also shorten the time required to complete your request. Although we cannot guarantee it to be helpful, we strongly advise that you supply as much information as possible in whichever format the information is available. This can include previous telephone numbers inclusive of disconnected ones, facsimile numbers and any other contact or correspondence information that was provided by the Nominated Subject.
File Recheck
In the event that the Nominated Subject is not at the address that we have been supplied with on a located report and such report was obtained by us within the previous 30 days, we will conduct a re-check at no extra cost.
A re-check will only be undertaken when a comprehensive field call report or signed statutory declaration is attached and returned with the original located report, stating that the Nominated Subject is no longer at the supplied address. We will always verify, wherever possible, the subject's new details with at least 2 other sources.
Intellectual Property and Confidential Information
We respect the right to intellectual property and confidential information and require you to do so as well.
If we provide you with any confidential information, you will keep this information confidential and not disclose it to any third party without prior consent from us or unless legally obliged to do so.
This confidentiality obligation also applies to us.
We will only collect personal information to enable us to perform our duties, and we will comply with the Privacy Act in regards to usage and handling of such information.
If you wish to discontinue using our Services
You may initiate the discontinuation of our Services by providing 30 days written notice to us.
However, we retain the right to suspend or end our Services at any time, without the provision of notice. For example, we may end our agreement to provide Services to you for failing to comply with these Terms.
In these cases, you will not be able to get a refund unless legally entitled and/or required. You may also be required to pay for the Services provided up to the time at which you no longer used our Services, as well as any reasonable costs and expenses incurred when we provide our Services to you.
Limitation of our Liability
We will provide the Services with reasonable care and skill. However, we will not be liable to you for any loss or damage in the following cases (to the full extent permitted by law):
- If we are unable to provide our Services to you due to any reasons beyond our control;
- Any loss incurred as a result of false or misleading information provided by you.
Resolving Disputes
We would like the opportunity to address any concerns you may have regarding our Services. By agreeing to these Terms and Conditions you agree to take reasonable steps to resolve any dispute that may arise by emailing us at admin@identisearch.com.au and informally outlining the issues you have. We will also take reasonable steps to resolve this dispute informally.
Furthermore, you agree to resolve any claims relating to our provision of Services, and the Terms and Conditions, through the use of mediation or arbitration. This agreement ensures that we both utilise alternative dispute resolution mechanisms before resorting to formal litigation.
Jurisdiction
These Terms are governed by the laws in Victoria, Australia.
Indemnity and Warranty
We rely on the instructions we are provided with by you in order to perform the Services and on your continued observance of these Terms. If we suffer any loss or damage or incur any costs in connection with any breaches of these Terms or any other legal obligation then you agree to indemnify us from these losses, damages and costs. You agree to indemnify and keep us indemnified from and against all actions, claims, demands and proceedings, whatsoever and howsoever arising which may be brought or made against us by any person who claims loss and/or damage arising out of the Services.
We do not provide any warranties of any nature in relation to the success (and partial-success) of our Services in and we shall advise you of the chances of success on a case by case basis which, in no way, will provide a warranty or guarantee for such success.
