1. Introduction
1.1 These Terms and Conditions govern each agreement formed when a corporate user registered on Rapid Screening’s website places an order for Services. The parties are:
– Rapid Screening Pty Ltd (ABN 63 612 155 987) (Rapid Screening); and
– the entity registered as a corporate user on the Rapid Screening website (the Client).
1.2 If Rapid Screening and the Client have executed an enterprise services agreement, direct order agreement, or other written contract, those terms apply and these Terms & Conditions apply only to the extent they are not inconsistent with the executed arrangement.
1.3 The Client appoints Rapid Screening to provide the Services requested by the Client, and Rapid Screening accepts the appointment subject to these Terms & Conditions.
2. Request for Services
2.1 The Client requests Services via Rapid Screening’s website or other Rapid Screening-approved ordering channels.
2.2 Services may include (as applicable to the selected package or order): inviting a named Applicant to complete one or more screening or verification checks and share results with the Client; facilitating the Applicant’s completion of those checks (with the Applicant’s consent); and making the shared results available to the Applicant (except where prohibited, e.g., referee references) and the Client.
2.3 Provision of Services is conditional on the Client:
(a) completing Rapid Screening’s client registration procedures accurately and in the form required; and
(b) providing the Applicant’s name and any other information reasonably required to deliver the requested Services, in an acceptable format.
2.4 Rapid Screening may reasonably refuse to accept or execute a request (for example, suspected misuse, legal restrictions, or insufficient information).
3. Provision of Services
3.1 Once requested in accordance with clause 2, Rapid Screening will:
(a) perform the requested Services;
(b) prepare a Rapid Screening Report in respect of each Applicant (subject to the Applicant’s consent);
(c) if the Applicant is already a registered user, associate the report to the Applicant’s existing account; otherwise create an account, place the report in that account, and provide access credentials to the Applicant; and
(d) with the Applicant’s consent, provide the Client with access to the report.
3.2 Where a particular third-party source (e.g., an academic institution) levies an atypical charge for that category of check, Rapid Screening may pass that charge through at cost to the Client as a disbursement, provided the Client has approved proceeding with that additional charge.
3.3 If the Client cancels an order before completion, Rapid Screening’s Cancellation and Exchange Policy applies; a refund credit may be provided (at Rapid Screening’s discretion) after deducting reasonable administration and attempted-service costs.
3.4 If Rapid Screening has used reasonable endeavours to deliver the Services but cannot do so for reasons outside its control within the time outlined in its Cancellation and Exchange Policy, Rapid Screening may cancel the order; in that circumstance, no refund is payable under the policy.
3.5 If Rapid Screening issues any prepaid check code or voucher for a Service (if offered), it is valid for 1 year. If unused or not cancelled within that period, it expires and no refund is payable.
3.6 To comply with legal requirements, certain documents and reports will be deleted after legally prescribed retention periods.
4. Invoicing and Payment
4.1 Rapid Screening will issue tax invoices for Services requested and commenced in accordance with these Terms and the fees published on the website or otherwise agreed.
4.2 The Client must pay either:
(a) at the time of each request (credit card, direct deposit or other approved methods); or
(b) on approved credit account terms.
4.3 For approved credit accounts, a monthly statement will be issued and must be paid within 30 days of month end in which the Services were provided.
4.4 Late payment interest: if the Client fails to pay any amount when due, interest accrues daily on that amount at (x + 2)% p.a., where x is the overdraft rate quoted by the Commonwealth Bank of Australia for overdrafts over $100,000 (or any successor/substitute rate designated by that bank). Interest may be capitalised and is payable on demand.
4.5 The Client must not withhold, set off or delay payment of any amount due.
4.6 Refunds are provided if: (a) a Service requested by the Client is no longer available; or (b) Rapid Screening reasonably refuses to accept or execute a request on initial submission.
5. Client’s Representations and Obligations
5.1 The Client represents and warrants that:
(a) it has authority to enter into and be bound by these Terms;
(b) before disclosing any Applicant personal information to Rapid Screening, it will obtain all required consents and authorisations (including ACIC-related consents for nationally coordinated criminal history checks, where applicable); and
(c) it will use best endeavours to provide accurate and complete information required for Services.
5.2 Rapid Screening does not make express or implied warranties about any future benefit to the Client from using the Services.
5.3 If Rapid Screening defaults under these Terms, the Client may give written notice specifying the default and a period of not less than 14 days to remedy.
5.4 If Rapid Screening does not remedy within that period, the Client may issue a Dispute Notice under clause 11.
5.5 Following conferral under clause 11, if the Client remains dissatisfied, the Client may terminate on not less than 30 days’ written notice.
6. Confidentiality and Privacy
6.1 Reports prepared by Rapid Screening are for the exclusive use of the Applicant. Access to each report is made available to the Client and its personnel/nominees only in accordance with the Applicant’s consent and applicable law.
6.2 Except as permitted under these Terms or as required by law or a regulator, the Client and its personnel/nominees must keep confidential: access credentials; report content; and any other information provided by Rapid Screening as part of the Services.
6.3 Each party will comply with applicable privacy laws. Without limitation:
– Rapid Screening confirms it has strict processes to maintain confidentiality of Applicants’ personal information, as set out in its privacy policy published on its website;
– If the Client is an Australian corporation, it will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles;
– If the Client is a New Zealand corporation, it will comply with the Privacy Act 2020 (NZ) and its principles;
– If Services involve an EU Connection, the parties will comply with GDPR requirements applicable to personal data processing, with Rapid Screening acting as data controller for relevant data where applicable and each party complying with its respective GDPR obligations.
7. Rapid Screening’s Representations, Rights and Obligations
7.1 Rapid Screening represents and warrants that it:
(a) has authority to enter into and be bound by these Terms;
(b) maintains website content that is appropriate and non-discriminatory;
(c) has obtained necessary IP permissions for content used on its website;
(d) holds and maintains all approvals, accreditations and licences required to provide the Services (including, where required, accreditation by the Australian Criminal Intelligence Commission as a broker entitled to provide nationally coordinated criminal history checks, or works with ACIC-accredited brokers to deliver such checks);
(e) will not distribute unsolicited bulk emails referencing the Client, but may contact Applicants about Service delivery or (if they opt-in) marketing, always with an unsubscribe function;
(f) maintains appropriate insurance (including professional indemnity and public liability) consistent with good industry practice;
(g) will provide Services using reasonable skill and care and in accordance with good industry practice; and
(h) adopts and promotes anti-slavery practices and checks, as far as practicable, that its direct suppliers do not use slavery or forced labour.
7.2 If the Client defaults, Rapid Screening may provide written notice specifying the default and a period of not less than 14 days to remedy.
7.3 If not remedied, Rapid Screening may terminate on not less than 30 days’ notice (without limiting other rights).
7.4 Rapid Screening may change, suspend, limit, restrict or discontinue any aspect of the Services (including availability of particular checks or features) at any time without liability.
7.5 Rapid Screening will not disclose the Client’s confidential information except with consent or where compelled by law.
