Terms of use for OnCite mobile app

1. About the OnCite mobile app

Thank you for choosing OnCite, a free mobile app provided by CV Check Ltd, of Level 4, 999 Hay Street, Perth WA 6000 (referred to here as 'CVCheck', 'we' or 'us').

OnCite is designed to be your personal credentials passport, allowing you to interact with the Cited platform (operated by a CVCheck subsidiary) at https://cited.com.au/, easily confirm your identity and credentials, and manage your credentials across multiple workplaces, if needed.

Do not use the OnCite App if you are under 14. You should be at least 14 years old to use the Cited platform, the services available on that platform and the OnCite app.

To access OnCite, you will need:

The performance of OnCite may vary from device to device, and may be affected by many things, including your location and the quality of your network connection.

2. About these Terms

These terms of use (Terms) are our terms of service that govern our relationship with individuals who use OnCite and the services made available through the app (Services). Please read these Terms carefully. By using or accessing OnCite and using the Services, you agree to these Terms, as updated from time to time. If you do not agree with ALL of the terms, then you should not use or access the OnCite app.

These Terms can only be changed by CVCheck. If we change these Terms, you will be notified when you next use OnCite or the Services.

OnCite allows you to interact with the Cited platform. In doing so, you will need to agree to the relevant terms of use for the Cited platform. You may need to pay for certain services you order through the Cited platform.

3. Your Cited account is used in OnCite

To use OnCite, you will first need you will need to set up an account in Cited, following the links at https://cited.com.au/. Once you have set up your account in Cited, OnCite will recognise your Cited username and password.

You must not share your Cited account login details with anyone else. Keep your login details safe and secure so that no one else can access them. You must not permit anyone else to access or use OnCite using your login details.
If you:

then you are responsible for everything that person does using your account.

If you think your password is no longer secure, or if you think someone else has accessed your OnCite account, you should change your password immediately via the password reset features (in Cited) as soon as you suspect this has occurred. Please also notify CVCheck support by calling (08) 9388 3000.

CVCheck can close accounts. In some cases, we may also close accounts that have not been used after a certain amount of time - for example, if the account has been locked, or you haven't signed in for a long time. If your account has been closed and you wish to resume using OnCite, you will need to re-activate your OnCite account.

4. Control of your information

Once your identity information and credentials (e.g. a National Police History Check result) has been received on the Cited platform, this information will be available to you on the OnCite app, and accessible through your unique login details.

Your information will remain accessible through the app until your Cited account is deactivated.

Once your information is available on OnCite and Cited, you are solely responsible for controlling access to your information, and requesting new information as and when required.

Except as explained in these Terms, CVCheck will not provide access to your information to any third parties without your consent.

CVCheck will not be liable for any access to information you provided or permitted to anyone (whether you did so intentionally or by accident) or for access through any unauthorised use of OnCite.

5. Your use of OnCite must be lawful and proper

In using OnCite and the Services, you must not use OnCite for any other reason, or in any way other than as set out in these Terms. For example, you must not (nor attempt to):

You are responsible for complying with these Terms, and with all laws (and with any other terms and conditions) that apply to your use of OnCite.

6. Privacy

The privacy of OnCite users is very important to CVCheck. Our Privacy Policy is designed to inform you on how you can use OnCite, and how we collect and use your credentials and information.

We encourage you to read the OnCite Privacy Policy which is available here: Privacy - Cited.

By using OnCite and Services, you agree to CVCheck collecting, using, storing, and disclosing your personal information in accordance with the OnCite Privacy Policy.

Your information may be shared with contractors who assist CVCheck in providing, maintaining and improving the OnCite app, the Services and the Cited platform, including messaging services to keep you informed of changes or updates. Those contractors have committed to dealing with your information in accordance with the OnCite privacy policy. Some of those contractors may be located outside of Australia, in Indonesia, New Zealand or Philippines.

To provide the Services and the Cited platform, we use Amazon Web Services, who have their own privacy practices.

You agree that we may use or disclose information about you or your use of OnCite to any regulatory authority or law enforcement body for any purpose that we consider reasonably necessary or appropriate in connection with any regulation, oversight, investigation or administration of OnCite or the Services or your use of them. Your personal information may be disclosed by us to third parties to facilitate the provision of Services, to monitor compliance with these Terms and for the purposes of preventing, detecting or investigating any alleged crime, fraud or other legal non-compliance.

7. Limitation of warranties

OnCite is provided 'as is' and 'as available'. Except as required by law, CVCheck does not make any claims (and hereby disclaim any warranties) relating to:

Nothing that CVCheck says or writes creates any warranties in respect of OnCite.
However, the law may have warranties for OnCite that cannot lawfully be excluded or changed - those warranties will apply to OnCite as required by law.
CVCheck is not responsible for:

CVCheck does not warrant nor accept responsibility for the accuracy or legal compliance of the information provided to it by third parties. We are not responsible for the content or accuracy of your identity documents or credential information that you may store in OnCite and/or Cited.

CVCheck will not be liable or responsible for the use of any information accessed using OnCite or through the use of your information, whether by you or by anybody else.

OnCite uses some technology and services that are provided by third parties. The technology may not always work as expected. As with the other aspects of OnCite, CVCheck is not responsible for the operation of those technologies, or for making sure they are error-free.

CVCheck may, at any time, and without notice or liability to you:

In certain circumstances, CVCheck may, at any time, and without notice or liability to you:

This could be because you do not comply with these Terms or with your legal obligations; or it could be for any other reason, including reasons relating to our own internal operations.

8. Limitation of liability and indemnity

Your use of OnCite is at your own risk. If OnCite is defective, you won't be reimbursed for any costs of fixing it, or fixing any damage or loss arising from it.

CVCheck and its contractors are not liable for personal injury, or for any incidental, special, indirect or consequential damages whatsoever, including, without limitation:

- however caused, and whether arising under contract, tort, statute or otherwise, and even if you have advised us of the possibility of such loss or cost.

CVCheck's total liability to you for all damages and any kind of loss will not, in any case, exceed $10 (Australian).

Some jurisdictions give you rights at law that can't be limited or excluded, and so some of the above limitations might not apply to you. In that case, they apply only to the maximum extent permitted by law.

If CVCheck is liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, then (to the extent legally possible), CVCheck limits its liability under those provisions to (as we choose):

9. Copyright and other intellectual property rights

No part of the OnCite app may be copied or imitated in whole or in part. No process, logo, graphic, sound or image from the app may be copied or re-transmitted unless expressly permitted in writing by CVCheck. The information contained within this app is also subject to the same copyright conditions and cannot be copied, imitated or used in whole or in part without the permission of CVCheck.

The names 'OnCite', 'Cited' and the phrase 'Checked and Cleared' are all trademarks of CV Check Ltd.

CVCheck owns all rights in OnCite. It is licensed (not sold) to you. The licence is for you to use OnCite for the purpose of interacting with the Cited platform and consuming the Services.

CVCheck reserves all rights in and to OnCite (including in respect of technology, trademarks and branding) that are not expressly granted to you under this licence. You agree to not challenge or dispute those reserved rights.

If you provide us any feedback about OnCite, we may use and disclose that feedback without any obligation to you. CVCheck owns all rights in anything created as a result of that feedback (including any changes to OnCite).

10. COPYRIGHT

These terms of use are governed by and construed under the law in the State of Western Australia. You and CVCheck each irrevocably and unconditionally submit to the non-exclusive jurisdiction of any court in Western Australia.