Please read these Terms and Conditions carefully. These terms form a legally binding agreement between you (‘Client’/‘you’) and Detective Desk (‘Detective Desk’/‘we’/‘us’/‘our’).
By accessing or using our Products, you agree to these Terms and Conditions. You acknowledge that these Terms and Conditions are incorporated into your contract with us, along with our Terms of Service and any Product Payment Schedule (‘PPS’).
The following definitions are used in these Terms and Conditions:
Alert is an automated match to someone a Client is trying to find and has supplied to us via a watch list.
API means application programming interface.
Complimentary Credit is a token used within the Detective Desk products that are provided by Detective Desk on a complimentary basis including those provided as part of a Client’s tiered User Access Account level.
Credit is a token used within the Detective Desk products in exchange for services. For example, one or multiple credit(s) may be deducted from your allocation when an Alert is purchased or a Premium Data Wash is conducted. A Credit holds no monetary value outside of the Detective Desk suite of products.
Day Pass means an access pass for 20 hours of consecutive use, purchased before use and not on a subscription basis.
Personal Information means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.
Privacy Laws means all relevant data protection and privacy laws.
Product/s means any Detective Desk product, service, website, information and any data contained within any of them.
User means an employee or contractor of a Client who has registered for a User Access Account.
User Access Account means the access method to the Products for a specific User which includes a unique email address and user selected password.
Washed means the list produced by Detective Desk and provided to the Client following the Washing process.
Washing or Wash means the process undertaken by Detective Desk to compare the list provided by the Client against databases that Detective Desk owns or has access to, with additional or updated information appended to the list.
To access the Products, a User must register for a User Access Account via our website or by alternative reliable electronic means agreed to by Detective Desk such as email contract or docusign or equivalent. This will enable you to access and use our Products to carry out certain searches.
A User must access our Products by User Access Account.
User Access Accounts are granted to individual, specific persons and must not be shared. A User Access Account can only be used from one device at a time. The Client must not provide their credentials to any third parties or agents to access the system on their behalf.
The User and Client are responsible for any, and all, actions taken attributable to a User Access Account. You agree to immediately notify us of any unauthorised access or use of a User Access Account.
The Client accepts sole responsibility for all searches carried out and all charges incurred through any User Access Account attributable to them. The Client will take all reasonable and appropriate steps to secure the user identity and password to prevent unauthorised or unlawful use.
The Client agrees to appropriately supervise all Users and ensure that all persons that can access User Access Account and the Products strictly comply with these Terms and Conditions.
The Client acknowledges that the password, and, if necessary User identity, can be changed as often as is necessary through Detective Desk’s website to maintain security.
For Day Pass Clients, if a day pass purchased is not consumed by the expiry date, any remainder is forfeited. Day Passes expire 12 months after they are purchased, unless otherwise agreed with Detective Desk in writing. If a Client or User does not login to a User Access Account for 12 months, Detective Desk may disable the User Access Account.
For Alerts and Premium Data Washing customers, purchased Credits do not have an expiry date.
Complimentary Credits provided by Detective Desk on a monthly basis as part of a Client’s tiered User Access Account level, expire at the end of each calendar month but they will be replenished on a monthly basis. Detective Desk reserves the right to change this at any time by providing the Client with 60 days prior written notice.
If our Products are inaccessible or inoperative due to the fault of Detective Desk, Detective Desk will provide Credits for the relevant period of inaccessibility or inoperation.
The Client is responsible for ensuring that it has all hardware, software, know-how and other resources to access our Products and/or the API and receive any data from Detective Desk.
We will issue an invoice or statement to Clients for payment at the end of every calendar month. All invoices are issued to the email address provided by the Client. The invoiced amount is due and payable within 14 days after the end of the invoiced month period. Late payments may incur a 2% interest charge, plus 2% per 30 days overdue. Suspension of our Products may occur if an invoice or any part thereof is overdue by more than 60 days.
Invoices must be paid on or before the due date as specified on the invoice. All prices quoted are in Australian Dollars and exclude GST unless specified to the contrary.
Where the Client disputes an item on an invoice, the Client will pay that invoice less the disputed amount by the due date. The balance shall be paid (as appropriate) once the dispute has been resolved.
Unless otherwise specified or agreed in writing, purchases made from Detective Desk are not refundable after purchase. We encourage you to contact our Sales team to trial and evaluate our Products before you enter into a contract with us.
Detective Desk is a monthly subscription model, with a minimum contracted term of 12 or 24 months. After the Minimum Initial Period (and any subsequent fixed-term periods), the service is automatically extended for a further term of the same duration as the Minimum Initial Period, at the pricing current at the date the term is extended (as set out in our Tiered Pricing Business Plan). If you do not wish for the service to renew for a further term, you must advise us in writing at least 60 days prior to the end of the relevant term. You remain liable for all fees until the end of the minimum contracted term.
Detective Desk will provide the Client with the same level of telephone training, support and assistance as it generally provides to all of its other professional Clients and in accordance with our published product descriptions.
Client Support is available during normal business hours on:
Support services exclude the following:
The Client indemnifies and holds harmless Detective Desk and its directors, officers, employees, agents and contractors from and against any loss, damage, claims, liability, cost or expense (including legal fees) incurred in connection with a breach of these terms by the Client or any of its Users. It is not necessary for Detective Desk to incur any expense or to make any payment before enforcing a right of indemnity conferred by these terms.
In addition to any other rights it may have at law or in equity, Detective Desk may, without notice, suspend access to the Products and/or terminate this agreement:
if the Client fails to pay when due any amount due under its agreement with us;
if the Client fails to perform or observe any of its obligations to us under this agreement;
if the Client provides false or misleading information to us;
if Detective Desk is reasonably of the opinion that the Client, any User or any one who is or has accessed or used a User Access Account has done so for any unlawful or improper purpose or in a manner that may jeopardise security, contravene any law, or may interfere in or impede the proper functioning of the Products;
if the operation of the Products or any of Detective Desk’s obligations under these terms become unlawful;
if Detective Desk is reasonably of the opinion that the Client has violated the terms of their agreement by exceeding their maximum number of licensed Users.
Additionally, Detective Desk emphasises that abuse or mistreatment of staff will not be tolerated and may result in the indefinite suspension of the Client's account.
If a Client or User is suspended under the previous clause, they will not be entitled to any refund for unused Credits.
Detective Desk may, in its discretion acting reasonably, provide the Client a reasonable amount of time, to remedy any situation that will result in termination of the Client’s access to the Products.
Detective Desk may from time to time change these Terms and Conditions, including but not limited to situations where Detective Desk reasonably considers it appropriate or necessary to meet legal requirements or restrictions or to meet the reasonable requests or requirements of government bodies.
Where we make a material change to these Terms and Conditions that is detrimental to you, we will attempt to notify you. If you do not agree to such changes, please contact us and we may be willing to discuss the early termination of your agreement.
By accessing or using our Products after the date of variation, you acknowledge that you agree to any variation. If the changes are such that the Client is materially and adversely affected by them, the Client must stop accessing the website and Products, may terminate its agreement with Detective Desk, and may be entitled to a refund for any unused Credits. Detective Desk will not be responsible for any loss sustained including without limitation any consequential loss, loss of profits or economic loss associated with such variation.
Detective Desk shall be entitled from time to time to modify or substitute some or all of the databases upon which the Products are based, provided that where a database is removed a substitute database is provided that contains information of a type similar to that contained in the database whose use has ceased and/or the overall quality of the data is not diminished.
Detective Desk reserves the right to vary its fees at any time and from time to time. In any such case, the Client may be entitled to a refund for unused Credits held.
The Client acknowledges that the Products rely on data and information from third party suppliers and from time to time could change. Should the third-party costs increase, Detective Desk reserves the right to vary the fees accordingly. Detective Desk will provide reasonable notice to the Client of any price increases prior to incurring any charges.
If a supplier of data or information to Detective Desk requires that data or information supplied to the Client be withdrawn or returned or deleted from all records, for example if confidential information has been inadvertently supplied, the Client shall comply with any such request made by Detective Desk as soon as reasonably practicable.
The Client acknowledges that some of Detective Desk’s suppliers may make reasonable requests for reports and/or audit the use of their data by Detective Desk, and the Client consents to Detective Desk performing its obligations in respect of any such reporting or audit process including in relation to use by the Client of the Products.
Upon reasonable notice to the Client, Detective Desk or its authorised representatives, may make reasonable requests to inspect and audit the Client’s records and make copies of those records concerning the Products or information or data derived therefrom for the purpose of verifying the Client’s compliance with these terms.
The Client agrees to Detective Desk disclosing such information as may reasonably be requested pursuant to law by any government, semi-government or statutory authority concerning the provision of data information generally by Detective Desk, and concerning the provision of that information to the Client specifically, if such information is lawfully requested.
Detective Desk and the suppliers to it of data used in the Products shall not be liable for any damages, injury or loss arising or resulting, directly or indirectly, from the Client’s use of the Products, nor for any loss or damage arising or resulting directly or indirectly, from any statement, information or advice made or given, whether negligently or otherwise, in relation to the Products or their compilation or production or the use to which any data in them is intended to be put (including but not limited to any Washed list).
Detective Desk does not exclude or limit the applicability of any statute (such as local consumer laws) where to do so would contravene that statute or cause any part of this Agreement to be void. Subject to that and to the extent permitted by law, Detective Desk, its related companies and their officers, employees and agents exclude all express or implied representations, conditions, warranties guarantees that are not included in these terms including those relating to acceptable quality, timeliness or fitness for purpose and will have no liability (including liability for negligence) to the Client for any loss, damage, cost or expense (including but not limited to consequential loss, economic loss, lost profits or data) incurred or arising by reason of any person relying on any material published in any of the Products, nor by reason of any error, omission or misrepresentation, nor in respect of any difficulties that the Client may have from time to time or at any time in accessing or otherwise using any of the Products, or in accessing or securing assistance from any telephone or other support service that Detective Desk provides from time to time.
Detective Desk’s liability for breach of any obligation or for a condition or warranty that by law cannot be excluded is limited (at Detective Desk’s option) to the supplying of the services again, or the payment of the cost of having the services supplied again.
Detective Desk shall not be liable for any failure to perform its obligations under these terms where that performance is delayed, prevented, restricted or interfered with for any reason outside Detective Desk’s reasonable control.
The Client will observe the Terms of Service that are a prerequisite to using the Products, entering the Detective Desk website and/or using the API from time to time.
The following provisions in relation to privacy shall prevail to the extent of any inconsistency with these terms or any other document.
The Client must comply with all Privacy Laws in relation to the Personal Information, whether or not the Client is an organisation or agency bound by the Privacy Laws.
The Client must:
ensure that any person to whom Personal Information is disclosed does not do or omit to do anything which, if done or omitted to be done by the Client would constitute a breach by the Client of any obligation of the Client hereunder;
obtain from any contractor of the Client to whom information is disclosed written agreement to comply with Privacy Laws and provisions having the same effect as this these Terms;
not do anything or omit to do anything with the Personal Information that will cause Detective Desk to breach its obligations under a Privacy Law.
The Client must:
collect, store, use, disclose or otherwise deal with the Personal Information as reasonably directed by Detective Desk, whereby the direction is reasonably required to ensure the Client is in compliance with these terms and Privacy Law’
give Detective Desk all information necessary to enable it to assess or audit the Client’s compliance with this clause;
provide all reasonable assistance and information as required by Detective Desk to assist Detective Desk in complying with its obligations under any Privacy Law;
notify Detective Desk if it becomes aware of any breach or alleged breach of its obligations under this clause and comply with any reasonable direction from Detective Desk with respect to remedying that breach; and
take all reasonable steps to ensure that the Personal Information is protected against misuse and loss, or unauthorised access, modification or disclosure, including without limitation undertaking any staff training as may be required.
The Client must not transfer Personal Information to a person or entity (including itself) in a foreign country without Detective Desk’s prior written consent.
The Client acknowledges that it has not relied on any information from Detective Desk to the Client as advice regarding the Client’s obligations under Privacy Laws.
Any provision of these terms that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms is not affected.
A failure to or delay in Detective Desk exercising enforcing its rights does not constitute a formal waiver. A provision or right under these terms may not be waived unless in writing signed by the party granting the waiver.
In the event of any dispute between a Client and Detective Desk, the parties agree that such dispute must go to mediation before either party is permitted to commence a claim against the other party in any court or tribunal. If the parties cannot agree on a mediator, the parties agree that a mediator is to be appointed by the Resolution Institute.
Updated: 20th October 2023
