Terms & Conditions

1. Introduction

Welcome to Verify Ref. Verify Ref is a product of Datalinc PTY LTD (ABN: 28682714030, ACN: 682714030).

These Terms and Conditions ("Terms") govern your access to and use of our automated reference checking platform and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

2. Definitions

• "Platform" refers to the Verify Ref website and all associated services
• "User" or "You" refers to any individual or entity using our Services
• "Employer" refers to the party requesting a reference check
• "Candidate" refers to the individual whose references are being checked
• "Reference" or "Referee" refers to the individual providing the reference
• "Check" refers to a single reference checking process
• "Credits" refers to the digital currency used to purchase reference checks

3. Account Registration and Requirements

To use our Services, you must:

• Be at least 18 years of age or have legal capacity in your jurisdiction
• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

You are prohibited from creating multiple accounts to circumvent credit limits or system restrictions.

4. Services Description

Verify Ref provides an automated reference checking platform that enables Employers to:

• Create and manage reference checks for candidates
• Send customized questionnaires to references via email
• Collect reference responses in a structured format
• View and export reference check results
• Save and reuse questionnaire templates

Our Services facilitate the reference checking process but do not guarantee the accuracy, completeness, or truthfulness of information provided by References. Verify Ref acts as an intermediary platform and is not responsible for the content of reference responses.

5. Credits and Billing

Our Services operate on a credit-based system:

• Each reference check requires one (1) credit
• Credits are purchased in packages (5, 20, 50, or 100 credits)
• Credits are non-refundable except as required by law
• Credits do not expire unless otherwise stated
• New users may receive free credits as part of promotional offers
• All payments are processed securely through Stripe

Pricing for credit packages is displayed on our pricing page and may be subject to change. We will provide reasonable notice of any price changes.

By purchasing credits, you agree to our billing terms and authorize us to charge your payment method for the selected package. If payment fails, your account may be suspended until payment is resolved.

6. User Obligations and Prohibited Conduct

You agree to use our Services solely for lawful purposes related to legitimate reference checking. You are strictly prohibited from:

• Using the Services for any illegal or unauthorized purpose
• Providing false, misleading, or inaccurate information about Candidates or References
• Impersonating another person or entity
• Accessing or attempting to access accounts, data, or systems you are not authorized to access
• Interfering with or disrupting the Platform's operation or security
• Transmitting viruses, malware, or harmful code
• Scraping, crawling, or extracting data from the Platform without authorization
• Reverse engineering, decompiling, or attempting to derive source code from our Services
• Using automated tools to create accounts or generate fraudulent activity
• Harassing, threatening, or abusing References or Candidates
• Violating any applicable laws or regulations
• Infringing on the intellectual property or privacy rights of others

Violation of these prohibitions may result in immediate account termination and legal action.

7. Candidate Consent

Before initiating a reference check, Employers must:

• Obtain proper consent from the Candidate to conduct the reference check
• Inform the Candidate about which References will be contacted
• Ensure the Candidate understands how their information will be used
• Comply with applicable data protection laws, including GDPR, CCPA, and other privacy regulations

Verify Ref provides tools to facilitate candidate consent, but the legal responsibility for obtaining proper consent rests with the Employer. We are not liable for violations of consent requirements by Users.

8. Intellectual Property Rights

All content, features, and functionality of the Platform, including but not limited to:

• Text, graphics, logos, icons, images, and audio/visual content
• Software, source code, and underlying technology
• Trademarks, service marks, and trade names
• Layout, design, and user interface elements

are owned by Verify Ref or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Platform without our prior written consent, except as permitted by these Terms or applicable law.

9. User Content and Data

You retain ownership of any content you submit through our Platform ("User Content"), including:

• Candidate information
• Reference contact details
• Questionnaire questions and responses
• Reference check results

By submitting User Content, you grant Verify Ref a non-exclusive, worldwide, royalty-free, perpetual license to:

• Use, store, and process User Content to provide our Services
• Display User Content to authorized Users as part of the reference checking process
• Generate aggregated, anonymized data for service improvement (personal information will not be identifiable)

You are solely responsible for the accuracy and legality of User Content. You represent and warrant that you have all necessary rights and permissions to submit User Content and that it does not violate any third-party rights or applicable laws.

10. Data Privacy and Security

We take data privacy and security seriously. Our collection, use, and protection of personal information is detailed in our Privacy Policy, which forms part of these Terms.

While we implement reasonable security measures, no method of transmission over the internet or electronic storage is 100% secure. You acknowledge that:

• You use our Services at your own risk
• We cannot guarantee absolute security of data
• You are responsible for maintaining the confidentiality of your account credentials
• You should report any security concerns immediately

11. Service Availability and Modifications

We strive to provide continuous, reliable service but do not guarantee that our Platform will be:

• Available at all times or without interruption
• Free from errors, bugs, or security vulnerabilities
• Compatible with all devices, browsers, or software

We reserve the right to:

• Modify, suspend, or discontinue any aspect of our Services
• Perform maintenance that may temporarily interrupt service
• Update features, functionality, or pricing
• Terminate or restrict access to Users who violate these Terms

We will provide reasonable notice of significant service changes when possible.

12. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, VERIFY REF PROVIDES ITS SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties regarding the accuracy, reliability, or completeness of reference information
• Warranties that the Services will meet your requirements or expectations
• Warranties that the Services will be uninterrupted, timely, secure, or error-free

We do not verify, endorse, or guarantee the truthfulness, accuracy, or completeness of information provided by References. Employers are solely responsible for evaluating reference responses and making hiring decisions.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERIFY REF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Costs of substitute services
• Damages arising from use or inability to use our Services
• Damages resulting from unauthorized access to or alteration of data
• Damages arising from hiring decisions based on reference information

Our total liability to you for all claims arising from or related to these Terms or our Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Verify Ref, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any third-party rights, including privacy or intellectual property rights
• Your violation of any applicable laws or regulations
• Any User Content you submit
• Any false, misleading, or inaccurate information you provide

15. Termination

You may terminate your account at any time by contacting us or using account deletion features.

We may terminate or suspend your account and access to our Services immediately, without prior notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, illegal, or harmful activity
• Non-payment of fees
• Extended period of account inactivity
• Upon request by law enforcement or regulatory authorities

Upon termination:

• Your right to use the Services will immediately cease
• Unused credits are forfeited unless required by law
• We may delete your account and data, subject to our data retention policies and legal obligations
• Provisions that by their nature should survive termination will remain in effect

16. AI Services

Our Services utilize Artificial Intelligence (AI) technologies to provide sentiment analysis, risk detection, and values alignment scoring. By using these features, you acknowledge and agree that:

• AI analysis is automated and probabilistic, and may not be 100% accurate or free from bias
• AI outputs should be used as a supplementary tool and not as the sole basis for hiring decisions
• You are responsible for verifying any "red flags" or risks identified by the AI
• Data submitted to the platform may be processed by third-party AI providers as described in our Privacy Policy

17. Third-Party Services

Our Services integrate with third-party services, including:

• Payment processors (Stripe)
• Email delivery services (Resend)
• Authentication providers (Clerk)
• Database hosting services (Supabase)
• AI Service Providers (e.g., OpenAI)

We are not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services is subject to their respective terms and privacy policies.

18. Dispute Resolution

Informal Resolution: Before filing a formal claim, you agree to contact us to attempt to resolve any dispute informally.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to conflict of law principles.

Jurisdiction: Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of Australia, and you consent to the jurisdiction of such courts.

If you are a consumer located in the European Union, you may be entitled to additional protections under applicable consumer protection laws.

19. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Verify Ref regarding your use of our Services.

Modifications: We reserve the right to modify these Terms at any time. Material changes will be communicated through email or platform notifications. Continued use of our Services after changes constitutes acceptance of the modified Terms.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

Force Majeure: We are not liable for any failure to perform due to unforeseen circumstances or causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.

20. Contact Information

Verify Ref is operated by Datalinc PTY LTD (ABN: 28682714030, ACN: 682714030).

If you have any questions about these Terms, please contact us:

• Email: support@verifyref.com
• Address: 81-83 Campbell Street, Surry Hills, NSW 2010, Australia
• Website: https://verifyref.com