Terms of Service
Draft version: 2026-04-13 · Last updated: 13 April 2026
1. Who we are
AustracCheck is operated by Jordan Fleming (ABN 30 842 969 692), trading as AustracCheck, at 5 Yowie Ave, Caringbah NSW 2229, Australia. In these Terms, “we”, “us”, and “our” refer to AustracCheck.
2. Nature of service
AustracCheck is a compliance workspace tool built for Australian real estate agencies. We provide templates, checklists, trackers, reminders, document generation assistance, and audit trail features to help you manage your compliance obligations. Specifically, we:
- generate draft compliance documents based on information you provide;
- provide checklist and workflow interfaces to help you track compliance tasks;
- provide reminders and alerts for upcoming obligations;
- provide an audit log to track the compliance activities you perform in the platform;
- provide optional customer-facing verification tools that collect documents and information for your review.
We do NOT:
- act as a lawyer or provide legal advice;
- act as a compliance officer for your agency;
- submit, lodge, or file any document or report with AUSTRAC, the DFAT sanctions list maintainer, the Australian Business Register, or any other regulator on your behalf;
- verify customer identity or beneficial ownership in a way that creates a legal conclusion binding on you or a third party;
- decide whether a transaction is suspicious, whether a customer is a politically exposed person, whether a report should be filed, whether a customer is cleared, or whether your agency is compliant;
- certify, endorse, warrant, or guarantee that any document, workflow, or activity meets any legal standard.
Every regulatory decision made through or alongside AustracCheck is your agency's decision. Every document generated by AustracCheck is a draft that you are expected to review, edit if needed, and adopt as your agency's own work before relying on it. Every customer identity verification performed through AustracCheck's scan mode or customer management features is subject to your agency's independent review and sign-off. Every suspicious matter report drafted through AustracCheck is a starting point that your agency's compliance officer is expected to verify, edit, and lodge directly with AUSTRAC.
3. Who is responsible for what
You (the agency) are responsible for:
- appointing a compliance officer and maintaining their authority;
- enrolling with AUSTRAC and keeping that enrolment current;
- conducting and concluding customer due diligence;
- assessing and acting on sanctions and politically exposed person risk;
- drafting, reviewing, and lodging suspicious matter reports, threshold transaction reports, annual compliance reports, and any other regulatory filings;
- retaining records for the period required by law;
- staff training and its evidentiary records;
- responding to AUSTRAC queries, audits, and directions.
We (AustracCheck) are responsible for:
- keeping the platform available and functional as described in our service documentation;
- protecting the data you entrust to us in line with our Privacy Policy;
- being honest about what the tool does and does not do.
4. No legal advice
Nothing on the AustracCheck platform, in any generated document, in any email or notification we send, or in any customer support interaction constitutes legal advice. If you need advice about how the AML/CTF Act, Privacy Act, Fair Trading Act, state real estate legislation, or any other law applies to your agency, you must consult a qualified Australian legal practitioner. We will not answer “is this legal” questions because we are not qualified to answer them.
5. Content of generated documents
Generated compliance documents reflect current AUSTRAC published guidance and the information you provide. They are drafts. You are expected to:
- read each generated document in full before relying on it;
- verify that the document accurately reflects your agency's operations;
- make any changes needed to fit your business;
- have a legal practitioner review the document if your circumstances are unusual or your risk profile is high;
- formally adopt the document as your agency's own work (by print-and-sign, digital sign-off, or equivalent).
6. No filing or submission
AustracCheck does not submit any document to AUSTRAC, to the Australian Business Register, to the Australian Taxation Office, to state fair trading regulators, to real estate industry bodies, or to any other authority. Any form, report, or document that needs to be lodged with a regulator must be lodged by your agency through the regulator's own channels. If a feature of the platform appears to you to be auto-submitting anything to a regulator, please stop using that feature and contact us so we can correct the feature or the description.
7. Scan mode (customer-facing ID collection)
Our optional “scan mode” provides a mobile interface for your customers to submit identity documents and a live selfie. This feature collects documents and photographs for your review. It does not verify identity in a legally binding way. It does not match the customer's face against any government database. It does not check the customer's licence against the state licensing authority. Your agency is responsible for reviewing the collected documents and making the identity verification decision. Our role ends at secure document capture and storage.
8. Sanctions and PEP screening
AustracCheck performs supplementary checks against publicly available sanctions lists (for example the DFAT Consolidated List and the UN Security Council Consolidated List) as a convenience. These checks are informational. They are not a substitute for a commercial sanctions screening provider of the kind accepted by AUSTRAC for risk-based customer screening. If your risk profile requires formal sanctions or PEP screening, use an approved commercial provider and keep their records. AustracCheck does not warrant that its supplementary checks catch every match or avoid every false positive.
9. Readiness score
The readiness score on the dashboard measures the proportion of setup tasks you have completed through the platform. It is a progress indicator, not a legal compliance certification. A score of 100 does not mean your agency is legally compliant. A score below 100 does not mean your agency is legally non-compliant. Compliance is determined by the law and the regulator, not by a number on a dashboard.
10. Automated content
Some AustracCheck features generate text using purpose-built automated systems. Automated content may contain errors, omissions, or outdated information. You must review every piece of automated content before relying on it. We do not warrant the accuracy, completeness, or currency of automated output.
11. Fixed-price packages
Our compliance setup packages are offered at fixed prices. Fees are payable in full before documents are generated and delivered. Refunds are available within 7 days of purchase if documents have not yet been delivered.
12. Limitation of liability
To the maximum extent permitted by Australian law, AustracCheck's total liability to you for any loss arising out of or in connection with your use of the platform is limited to the total fees you have paid us in the 12 months preceding the event giving rise to the claim. We are not liable for: regulatory penalties imposed on your agency; losses arising from reliance on a generated document you did not review; identity verification decisions you made using information collected through our scan feature; missed filing deadlines; or any consequential loss, loss of profit, loss of reputation, or loss of regulatory standing. Nothing in this clause excludes liability that cannot be excluded under the Australian Consumer Law.
13. Privacy and data
Our collection and handling of personal information is governed by our Privacy Policy. We retain compliance records for the period required by the AML/CTF Act for the benefit of our users, who remain responsible for their own record-keeping obligations regardless of what we retain.
14. Changes to these Terms
We will update these Terms as our product evolves and as the legal landscape around Tranche 2 matures. When we change material terms, we will re-request your acknowledgement the next time you sign in. Your historical acknowledgements remain tied to the version of the Terms in effect at the time you accepted them.
15. Governing law
These Terms are governed by the laws of New South Wales, Australia. Any dispute will be subject to the exclusive jurisdiction of the courts of New South Wales.
16. Contact
Questions about these Terms? Email support@austraccheck.com or write to us at AustracCheck, 5 Yowie Ave, Caringbah NSW 2229.
17. Acceptance
By creating an account or using the platform you agree to these Terms and the clear separation of responsibilities they describe. If any part of this section is not clear to you, please contact us before using the platform.
This is the 2026-04-13 draft of the AustracCheck Terms of Service. The authoritative final version will replace this draft after legal review. If you need to refer to the exact language a user accepted, query the AustracCheck audit log for the relevant consent_accepted entry — the metadata on that entry pins the tos_version_hash that corresponds to the text in effect at the time of acceptance.