1. Introduction and Acceptance

1.1 These Terms and Conditions ("Terms") govern access to and use of the www.tdidcheck.com.au platform (the "Service"), operated by Deed Dot Com Dot Au Pty Ltd (ABN 32 123 929 984), of Baulkham Hills, NSW 2765, Australia ("TDIDCheck", "we", "us", "our").

1.2 By registering for an account, purchasing check credits, or otherwise using the Service, you ("Client", "you") agree to be bound by these Terms. If you do not agree, do not use the Service.

1.3 You may accept these Terms on behalf of a business or organisation, in which case "Client" includes that entity and you confirm you have authority to bind it.

2. Definitions

"Check" means an individual AML/CTF verification process run through the Service in relation to a Data Subject, comprising ID Verification (which may include biometric verification and liveliness check), Adverse Media Check, PEP Check, Sanctions Check, and IP Address Check (collectively or individually, as run).

"Credit" means a prepaid unit purchased by the Client, one of which is consumed per Check.

"Data Subject" means the individual whom a Client requests a Check on.

"Report" means the output produced by the Service following completion of a Check.

"Verification Provider" means the accredited third-party identity verification and screening provider(s) engaged by TDIDCheck to perform underlying verification and screening functions.

"AML/CTF Act" means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and associated rules.

"Privacy Act" means the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

3. Description of the Service

3.1 The Service allows a Client to request identity verification and screening checks on a Data Subject as part of the Client's own compliance, due diligence, or risk management processes.

3.2 To run a Check, the Client provides the Data Subject's name, email address, and phone number. The Service sends the Data Subject a link by email. On accessing the link, the Data Subject is prompted to submit proof of identity documentation and a photograph of their face for the purposes of identity verification.

3.3 Following successful ID Verification, the Service runs Adverse Media, Politically Exposed Person (PEP), Sanctions, IP Address checks, and relevant directory databases and compiles the results into a Report made available to the Client.

3.4 Deed Dot Com Dot Au Pty Ltd (trading as TDIDCheck) is enrolled with AUSTRAC as a reporting entity in respect of its trust and company service provider (TCSP) services. The Service is a separate commercial offering and does not itself constitute a designated service under the AML/CTF Act. Accordingly, a Client's use of the Service constitutes an outsourcing arrangement for the purposes of the Client's own AML/CTF program, and does not constitute reliance on TDIDCheck's customer due diligence under section 37A of the AML/CTF Act. Use of the Service does not, of itself, discharge any AML/CTF Act, Privacy Act, or other regulatory obligation the Client may separately hold as a reporting entity or otherwise. Clients remain solely responsible for determining what checks are appropriate for their own compliance obligations and for maintaining their own records accordingly.

3.5 The Service is limited to the Check components described in clause 2 (ID Verification, Adverse Media Check, PEP Check, Sanctions Check, and IP Address Check) as run in respect of a Data Subject at a single point in time. For the avoidance of doubt, the Service does not include, and TDIDCheck does not provide:

(a) enhanced customer due diligence beyond the components described in clause 2;

(b) transaction monitoring of any kind;

(c) preparation, assessment, or lodgement of suspicious matter reports (SMRs), threshold transaction reports (TTRs), international value transfer reports, or any other report to AUSTRAC on the Client's behalf;

(d) AML/CTF staff training for the Client or its personnel; or

(e) any legal, compliance, or regulatory advice.

The Client remains solely and fully responsible for each of the matters listed in this clause 3.5, and for all other elements of its AML/CTF program not expressly provided by the Service.

3.6 The Client and TDIDCheck acknowledge and agree that these Terms, together with the Client's acceptance under clause 1.2, constitute the written and enforceable outsourcing arrangement required of the Client under the AML/CTF Rules in respect of the Client's use of the Service to perform the Check components described in clause 2. This document is provided to assist the Client in meeting that documentation requirement; it does not relieve the Client of its own obligations to separately assess, approve, and oversee the arrangement in accordance with its own AML/CTF program, as described in clause 9.4.

4. Client Obligations

4.1 The Client warrants that it will only request a Check where it has a legitimate business, legal, or compliance purpose for doing so, and will not use the Service to harass, stalk, discriminate against, or otherwise cause harm to any Data Subject.

4.2 The Client warrants that all information it provides about a Data Subject (name, email, phone number) is accurate and that it has an appropriate lawful basis and relationship with the Data Subject (e.g. prospective or existing client, employee, contractor, service provider) that justifies initiating a Check on them.

4.3 The Client acknowledges that a Data Subject may decline to complete the ID Verification process at any point, and that TDIDCheck cannot compel a Data Subject to participate.

4.4 The Client must comply with all applicable laws, including the Privacy Act, in connection with its use of the Service, including in respect of any onward use, storage, or disclosure of Reports.

4.5 The Client must not attempt to use the Service to verify its own identity for fraudulent purposes, or to run Checks on fictitious persons.

5. Data Subject Participation and Consent

5.1 Before any Check other than the initial email dispatch is performed, the Data Subject must voluntarily access the link provided and submit identity documentation and a facial photograph. The Data Subject may exit this process at any stage without submitting information.

5.2 Before submitting an identity document or facial photograph, the Data Subject will be presented with a clear notice explaining what information is being collected, the purpose of the collection, who it will be shared with (see clause 6), how long it will be retained, and that facial recognition technology and session video recording will be used to verify their identity. By selecting "Continue", the Data Subject confirms that they have read and accepted the End User Terms and Privacy Policy and expressly consents to the collection, use and disclosure of their personal information for the purpose for the purpose of conducting the Check and generating the Report, and to the ancillary Adverse Media, PEP, Sanctions, and IP Address checks that form part of that Check.

5.3 TDIDCheck does not independently verify the basis on which the Client obtained the Data Subject's contact details or the Client's relationship with the Data Subject. This is the Client's responsibility under clause 4.2.

6. Third-Party Verification Providers

6.1 TDIDCheck engages accredited third-party identity verification and screening providers to perform components of the Check. Personal information, including identity documents and facial photographs, may be transferred to and processed by these providers outside Australia, including in the European Union, where it may be subject to data protection laws different from those in Australia.

6.2 TDIDCheck takes reasonable steps to ensure Verification Providers handle personal information in a manner consistent with applicable data protection standards, but does not guarantee the acts or omissions of any third-party Verification Provider.

7. Reports — No Warranty as to Outcome

7.1 A Report reflects the results returned by the Service and its Verification Providers at the time the Check was run. It is a point-in-time informational output, not a determination, finding, or legal conclusion.

7.2 TDIDCheck does not warrant that a Report is complete, accurate, or free from false positives or false negatives. Adverse media, PEP, and sanctions data sources are maintained by third parties and may contain errors, omissions, or delays.

7.3 It is the Client's sole responsibility to review each Report and independently determine whether a flagged result constitutes a true match or a false positive, and to take whatever further action the Client considers appropriate in light of its own compliance obligations. TDIDCheck makes no recommendation as to whether to accept, reject, or act upon any Data Subject based on a Report.

8. Fees and Credits

8.1 Access to Checks is provided on a prepaid credit basis. Clients purchase Credits in packs; one Credit is deducted per Check run irrespective of the outcome of such check.

8.2 Fees charged to Clients include TDIDCheck's service fee in addition to underlying verification provider costs.

8.3 Except as required by law or expressly stated otherwise, Credits and fees paid are non-refundable, including where a Data Subject does not complete the ID Verification process.

8.4 TDIDCheck may vary its pricing on notice to Clients; existing unused Credits will be honoured at the price at which they were purchased.

9. Data Retention

9.1 TDIDCheck retains records associated with each Check, including Reports and supporting verification data, for a minimum period of seven (7) years from the date the Check is completed, consistent with record-keeping obligations under the AML/CTF Act.

9.2 Clients should not rely on TDIDCheck as their sole record-keeping system for their own AML/CTF Act or other regulatory obligations, and should maintain their own copies of Reports as required.

9.3 On request, and subject to TDIDCheck's own legal retention obligations, TDIDCheck will provide information about what personal data it holds in relation to a Check, consistent with TDIDCheck's Privacy Policy.

9.4 TDIDCheck will, on reasonable written request and no more than once in any twelve (12) month period (or more frequently where required for the Client to respond to a specific regulatory request or audit), provide the Client with reasonable information about TDIDCheck's processes, controls, and performance in delivering the Service, to support the Client's ongoing oversight obligations in respect of this outsourcing arrangement.

10. Intellectual Property

10.1 All intellectual property in the Service, including its software, design, and Report formatting, remains the property of TDIDCheck or its licensors. Clients receive a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose.

11. Limitation of Liability

11.1 To the maximum extent permitted by law, TDIDCheck excludes all warranties, conditions, and representations, whether express or implied, in relation to the Service, including any warranty as to the accuracy, completeness, or reliability of a Report.

11.2 To the maximum extent permitted by law, TDIDCheck's total aggregate liability to a Client arising out of or in connection with the Service, whether in contract, tort (including negligence), or otherwise, is limited to the total fees paid by that Client to TDIDCheck in the twelve (12) months preceding the event giving rise to the claim.

11.3 Nothing in these Terms excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded, restricted, or modified, including under the Australian Consumer Law. This limitation does not apply to loss arising from TDIDCheck's fraud, wilful misconduct, or gross negligence.

11.4 TDIDCheck is not liable for any indirect, consequential, or special loss, including loss of profits, business, or reputation, arising from use of the Service or reliance on a Report.

12. Indemnity

12.1 The Client indemnifies TDIDCheck against any loss, liability, cost, or claim arising from the Client's breach of these Terms, misuse of the Service, or provision of inaccurate information about a Data Subject.

13. Confidentiality

13.1 Each party must keep confidential all non-public information disclosed by the other in connection with the Service, and use it only for purposes contemplated by these Terms.

14. Suspension and Termination

14.1 TDIDCheck may suspend or terminate a Client's access to the Service, without liability, if the Client breaches these Terms, misuses the Service, or where required by applicable law or a direction from a regulator.

14.2 TDIDCheck operates on a subscription-based model. A Client may voluntarily deactivate or cancel their subscription at any time by providing notice in accordance with their account terms. Upon deactivation or termination, the Client's access to the Service will cease; however, TDIDCheck reserves the right to retain the Client's records for the period required under applicable laws and regulatory obligations, including AML/CTF and other record-keeping requirements. Termination does not affect any fees already incurred or accrued obligations, including confidentiality and statutory data retention obligations.

15. Changes to These Terms

15.1 TDIDCheck may update these Terms from time to time. Continued use of the Service after an update constitutes acceptance of the revised Terms. Material changes will be notified to Clients by email or in-platform notice.

16. Governing Law

16.1 These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales.

17. Contact

For questions about these Terms, contact: support@trustdeed.com.au