Terms of Service

1. Parties and acceptance

These terms apply to services supplied by S Jun Pty Ltd trading as Enliven Co (ABN 67 256 840 024) (“Enliven Co”, “we” or “us”).

The client accepts these terms by ticking the acceptance box before submitting a request or order. We record the date, time and email address of each acceptance. We do not begin any service until these terms have been accepted.

2. Definitions

• “Client” means the person or firm requesting a service. Where an individual pays for their own verification through a verification link, the individual does not become the Client; the Client remains the person or firm that requested the verification.
• “Individual” means a person whose identity is checked.
• “Certificate” includes an identity verification certificate or KYB report.
• “Services” means the services expressly agreed for an order.
• “Reporting Entity” means a person or organisation with obligations under Australian AML/CTF legislation. Not every client is a Reporting Entity.

3. Services

Our services include company incorporation documentation and ASIC lodgement support, trust deed and SMSF establishment documentation, individual identity verification and business verification (KYB), as specified in the accepted order.

Submitting an establishment form sends information to our team for processing. Submission is not itself ASIC registration or confirmation that an entity has been established.

4. No advice

We do not provide legal, tax, financial product or compliance advice. Trust and SMSF documents are prepared on the instructions of the client or their adviser. Clients should obtain their own advice about the suitability of a structure, their legal obligations and the use of supplied documents.

5. Client obligations

The client must:

• supply accurate, complete and current information;
• have authority to request the service;
• obtain the necessary consents from each individual, director and other relevant person, including consent to the collection of identity documents and biometric information, director appointment consents and Director IDs; and
• tell us promptly if information changes or an error is discovered.

A field or checkbox in our forms does not replace a consent or obligation required by law.

6. Reporting entity responsibility

The Reporting Entity remains solely responsible for:

• its own AML/CTF program and risk assessment;
• reviewing and resolving possible screening matches;
• deciding whether to onboard or act for any person or entity;
• all reporting to AUSTRAC, including suspicious matter reports, threshold transaction reports, international funds transfer instruction reports and compliance reports; and
• keeping its own AML/CTF records.

We do not submit, assess or determine the need for any report to AUSTRAC. Where we prepare a Screening Review Report, it supports the client’s own review; the client’s AML/CTF Compliance Officer or other authorised decision-maker decides the response. A Reporting Entity that relies on our services remains responsible for its own compliance with the AML/CTF Act.

7. Certificates and reliance

A certificate records a point-in-time assessment based on the information submitted and the screening results at the time of the check. Enliven Co conducts the identity assessment and issues the certificate. ComplyAdvantage is our third-party screening data provider; it is not the identity verifier or the certificate issuer.

A possible match is not a confirmed finding. An uncertain or unavailable check is not a clear result. Certificates do not provide ongoing monitoring or a guarantee against identity fraud.

Certificates are supplied for the Client’s own due diligence and record keeping. The Client may share a certificate with its authorised advisers, compliance officer, auditor or a regulator, but doing so does not create any duty from us to that recipient. No other person may rely on a certificate. Each certificate is also subject to our Verification Disclaimer.

8. Fees and payment

For individual verifications, the Client may prepay or leave payment to the individual on their verification link. KYB requests proceed to payment after submission.

For establishment orders, the scope, total price, payment timing and treatment of ASIC and other third-party fees are confirmed in the quote or order confirmation before work begins. We will not charge for any additional work without the Client’s prior agreement.

9. Cancellations and refunds

Unused prepaid verification links may be cancelled and refunded on request within 30 days after the link expires. Completed verifications and lodged establishment orders are not refundable for change of mind.

Government and third-party fees already paid on the Client’s behalf are refundable only to the extent that ASIC or the third party refunds them. Nothing in these terms excludes a refund, cancellation or other remedy required by the Australian Consumer Law.

10. Turnaround

Timeframes are estimates, not guarantees. Processing depends on complete information, payment where required, the individual completing verification, ASIC processing and third-party availability. We will tell the Client about material delays known to us.

Submission or payment does not guarantee registration, a clear screening result or an approved verification outcome.

11. Third-party providers

We use third-party services, including ComplyAdvantage, ASIC systems, payment processing and hosting. Third-party data may be incomplete or may change after a check, and third-party services may be unavailable. We do not promise uninterrupted access or complete third-party data. This does not exclude our own duty to provide services with due care and skill.

12. Privacy and confidentiality

Our Privacy Policy explains how we collect, store, disclose and delete personal information, and how to request access or correction or make a complaint.

Each party must protect the other’s confidential information and use or disclose it only for authorised purposes, or where required by law.

13. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other legislation.

14. Limitation of liability and indemnity

14.1 Nothing in this clause excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

14.2 To the extent permitted by law, where our services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

14.3 To the extent permitted by law, we are not liable for any indirect or consequential loss, loss of profit, revenue, business or opportunity, or any fine, penalty or regulatory sanction imposed on the Client, except to the extent caused by our fraud or wilful misconduct.

14.4 To the extent permitted by law, our total liability arising from or in connection with an order is limited to the fees paid for that order.

14.5 Our liability is reduced to the extent that any loss is caused or contributed to by the Client, an individual or a third party.

14.6 The Client indemnifies us against loss arising from the Client’s breach of clause 5, misuse of a certificate, or the Client’s own compliance decisions, except to the extent the loss is caused by our negligence or breach of these terms.

15. Acceptable use

The Client must not share portal credentials, access information without authority, tamper with certificates, submit misleading information or use a verification link for another person. Verification links are single-use; the Client must protect them and tell us promptly about any suspected misuse.

16. Suspension and termination

We may pause or refuse work where reasonably necessary to investigate suspected fraud, unauthorised use, a security concern or an unresolved screening issue. A possible sanctions match alone is not a confirmed finding. Where lawful and practicable, we will explain the concern and allow relevant information to be supplied. Cancellation and refund rights remain subject to clause 9 and applicable law.

17. Records and retention

We do not keep AML/CTF records on the Client’s behalf.

• Identity document images, selfies and biometric data are permanently deleted 30 days after the certificate is issued, or 30 days after an uncompleted verification link expires.
• Certificates and evidence are available to download for 30 days after issue. Please download them promptly.
• We keep a limited reference record (certificate reference, date and time, requesting Client, overall outcome, and consent and acceptance records), which contains no images or biometric data, for 7 years so we can confirm whether a certificate is genuine and respond to disputes.

Record keeping. Retain certificates with your AML/CTF customer due diligence records for the duration of your relationship with the customer and for at least seven years after it ends, or as otherwise required by the AML/CTF Act and Rules.

18. Intellectual property

Rights in material created by Enliven Co, information supplied by the Client and third-party content remain with their respective owners. Subject to the accepted order and applicable provider licences, the Client may use the certificates and documents supplied to it for their intended purpose.

19. Changes to these terms

We may update these terms. Updated terms will show a new effective date and apply only to requests and orders submitted after that date. We will email Clients with an active order about material changes.

20. Disputes and governing law

Please contact us first so we can try to resolve any concern promptly. This does not prevent access to a regulator, tribunal or court, or urgent relief. These terms are governed by the laws of New South Wales, Australia.

21. General and contact

These terms, the Privacy Policy, the Verification Disclaimer and the accepted order form the whole agreement for each service. If any provision is unenforceable, it will be severed and the rest of these terms will continue to apply. We may send service communications electronically to the contact details the Client supplies.

Contact: sales@enlivenco.com.au · 0451 024 366 · PO Box 807, Chatswood NSW 2057.