Terms of Use
Effective Date: February 2025
1. Agreement to Terms
These Terms of Use ("Terms") govern your access to and use of the website located at employmentscreeninggroup.com (the "Website"), operated by Cloak Investigations Pty Ltd (ACN: 153 946 484, ABN: 20153946484), trading as Employment Screening Group ("we", "us", "our").
By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website.
2. Website Description
The Website provides information about our employment screening services, including national police checks and other background screening services. The Website also facilitates online applications for police checks through various portals.
Important: These Terms apply only to this marketing website. The actual provision of screening services is governed by separate service agreements and the terms of our ESG Connect platform.
3. Use of Website
3.1 Acceptable Use
You may use our Website only for lawful purposes and in accordance with these Terms. You agree to:
- Provide accurate, current, and complete information when submitting forms
- Maintain the security of any account credentials
- Comply with all applicable laws and regulations
- Use the Website only for legitimate enquiries about our services
3.2 Prohibited Use
You must not:
- Use the Website in any way that violates any applicable law or regulation
- Attempt to gain unauthorised access to any portion of the Website
- Interfere with or disrupt the Website or servers
- Submit false or misleading information
- Use automated systems or software to extract data from the Website
- Transmit any viruses, malware, or other harmful code
4. Police Check Applications
4.1 Application Process
When applying for a police check through our Website:
- You must provide all required information accurately and completely
- You consent to the verification of your identity and the conduct of relevant checks
- You understand that incomplete or incorrect information may delay or prevent processing
4.2 ACIC Compliance
As an ACIC Accredited Body, we conduct police checks in accordance with strict ACIC standards and requirements. By submitting an application, you acknowledge and consent to the disclosure of your personal information to ACIC and relevant law enforcement agencies as required for conducting police checks.
4.3 Processing Times
While we endeavour to process applications promptly (typically within 48-72 hours for standard checks), processing times are estimates only and may vary depending on various factors beyond our control.
5. Fees and Payment
5.1 Fees
Current fees for police checks are displayed on the Website. All fees are in Australian dollars and include GST where applicable.
5.2 Payment Processing
Payments are processed securely through our third-party payment provider, Stripe. By making a payment, you agree to Stripe's terms and conditions.
5.3 Refunds
Refund requests are assessed on a case-by-case basis. Corporate clients should refer to their specific service agreements for applicable payment terms.
6. Intellectual Property
All content on this Website, including text, graphics, logos, images, and software, is the property of Cloak Investigations Pty Ltd or its licensors and is protected by Australian and international copyright laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Website without our express written permission.
7. Third-Party Links
Our Website may contain links to third-party websites. These links are provided for convenience only. We do not endorse and are not responsible for the content or practices of these third-party sites.
8. Privacy
Your use of our Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our Website, you consent to the practices described in our Privacy Policy.
9. Disclaimers
9.1 Website Availability
We strive to ensure the Website is available 24/7, but we do not guarantee uninterrupted or error-free operation. We may suspend or restrict access to the Website for maintenance or other reasons without notice.
9.2 Information Accuracy
While we endeavour to keep information on the Website accurate and up-to-date, we make no representations or warranties about the completeness, accuracy, or reliability of any information on the Website.
9.3 No Professional Advice
Information on this Website is for general informational purposes only and does not constitute professional advice. For specific advice about police checks or screening requirements, please contact us directly.
10. Limitation of Liability
To the maximum extent permitted by law:
- We provide the Website on an "as is" and "as available" basis
- We disclaim all warranties, express or implied
- We are not liable for any indirect, incidental, special, or consequential damages
- Our total liability for any claim related to the Website shall not exceed $100
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including under the Australian Consumer Law.
11. Indemnification
You agree to indemnify and hold harmless Cloak Investigations Pty Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Website or violation of these Terms.
12. Changes to Terms
We may modify these Terms at any time. Changes will be effective immediately upon posting on the Website. Your continued use of the Website after any changes constitutes acceptance of the modified Terms.
13. Termination
We may terminate or suspend your access to the Website immediately, without prior notice, for any reason, including if you breach these Terms.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts in New South Wales.
15. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of this Website.
17. Contact Information
For questions about these Terms or to report any issues, please contact us:
- Email: support@employmentscreeninggroup.com
- Phone: 1300 681 541
- Postal Address: Building 1, Suite A1 Level 3, 209 Robina Town Centre Drive, Robina QLD 4226
- Hours: Monday to Friday, 9am-5pm AEST