Legal & Compliance

Terms of Service

Last updated: 1 July 2026

1. Agreement to these terms

These Terms of Service ("Terms") govern your access to and use of the Refchecks platform and services ("the Service"), operated by RP & SE Technology Pty Ltd trading as RefChecks (ABN 62 663 458 106) ("Refchecks", "we", "us"). By accessing or using the Service you agree to these Terms. If you are using the Service on behalf of an organisation, you confirm that you are authorised to bind that organisation, and "you" includes that organisation.

2. The Service

Refchecks is a pre-employment background-verification platform that enables organisations to request, collect, and manage verification checks with the consent of the individual being checked. Depending on what an organisation selects, checks may include reference checks, identity verification, right-to-work verification, employment and qualification verification, health and medical assessments, working-with-children and industry clearances, sanctions and media screening, social-media screening, driving record, and directorship checks. Some checks may be unavailable, gated, or require additional eligibility.

3. Eligibility and accounts

  • You must provide accurate, complete registration information and keep it current.
  • You must be at least 18 years old to hold a client account.
  • You are responsible for safeguarding your credentials and for all activity under your account, and must notify us promptly of any unauthorised access.

4. Client obligations (organisations requesting checks)

If you request checks through the Service, you agree that you will:

  • have a genuine, lawful employment or engagement purpose for each check;
  • ensure that the individual has given informed consent for the specific checks requested, and not request checks without that consent;
  • request only checks that are relevant and proportionate to the role;
  • comply with all applicable laws, including the Privacy Act 1988 (Cth), the Australian Privacy Principles, applicable anti-discrimination legislation, and any rules specific to a regulated check;
  • use results only for the stated purpose, keep them confidential and secure, and not on-sell, on-disclose, or share results with any third party except as permitted by law; and
  • make your own assessment and decision — results are decision-support, not a decision.

You are responsible for the lawfulness of the checks you request and how you use the results.

5. Candidates and referees

Individuals participate in a check by providing information and consent through our portals. A referee who submits a reference consents to their responses being shared with the requesting organisation. Participation is voluntary; declining or withdrawing consent may mean a check cannot be completed.

6. Data ownership and our role

You retain ownership of the data you submit. You grant us the rights necessary to host, process, and display that data to provide the Service. For most checks Refchecks acts as a service provider to the requesting organisation. Our handling of personal information is described in our Privacy Policy and Data Security pages.

7. Accuracy and no professional advice

Verification results reflect information obtained from candidates, referees, and third-party or official sources at a point in time. While we take reasonable care, we do not warrant that all information is complete, accurate, or current, and we are not responsible for inaccuracies in source data. The Service does not provide legal, employment, or professional advice, and a report should be used as one of several factors in any decision.

8. Acceptable use

You must not:

  • use the Service for any unlawful, discriminatory, or deceptive purpose;
  • attempt to access data belonging to other organisations or individuals;
  • probe, scan, disrupt, or circumvent the security or integrity of the Service; or
  • copy, resell, or reverse-engineer the Service except as permitted by law.

9. Fees and payment

Paid features are billed at the pricing and cycle presented at purchase. Fees are payable in advance and, unless stated otherwise, are non-refundable except as required by law. Subscriptions renew automatically unless cancelled before the renewal date.

10. Intellectual property

The Service, including its software, design, and content (excluding your data), is owned by Refchecks and protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms.

11. Confidentiality

Each party must keep the other's non-public information confidential and use it only to perform or use the Service. This does not affect obligations to protect personal information under our Privacy Policy and applicable law.

12. Warranties and liability

The Service is provided "as is". To the maximum extent permitted by law, we exclude all implied warranties and are not liable for indirect, incidental, special, or consequential loss. Nothing in these Terms excludes rights that cannot lawfully be excluded, including under the Australian Consumer Law; where our liability cannot be excluded, it is limited (where permitted) to re-supplying the Service or the fees paid for it in the preceding 12 months.

13. Indemnity

You agree to indemnify Refchecks against claims and losses arising from your breach of these Terms or applicable law, including requesting checks without proper consent or misusing results.

14. Suspension and termination

We may suspend or terminate access for breach of these Terms, legal risk, or non-payment. You may close your account at any time. On termination we will handle your data in accordance with our Privacy Policy and legal retention obligations.

15. Changes

We may update these Terms. We will notify you of material changes, and continued use after changes take effect constitutes acceptance.

16. Governing law

These Terms are governed by the laws of Western Australia, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State.

17. Contact

Questions about these Terms: legal@refchecks.co.