Terms of service

Peritiv Pty Ltd - Website Terms of Service
ABN: 19 690 686 090 

Effective Date: 23 March 2026
Last Updated: 23 March 2026

1. Definitions 

"Agreement" means these Terms and Conditions together with any proposal, scope of work, or service order accepted by the Client. 

"Client" means the individual or entity that engages Peritiv to provide the Services. 

"Peritiv" means Peritiv Pty Ltd (ABN 19 690 686 090). 

"Services" means any services provided by Peritiv to the Client, including but not limited to capability and personality assessments, mystery shopping and guest experience audits, and strategic advisory engagements. 

2. Client Responsibilities 

The Client agrees to: 

  • provide accurate and timely information necessary for Peritiv to perform the Services; 

  • ensure relevant personnel cooperate with Peritiv during the engagement; 

  • obtain any necessary consent from employees, candidates, or third parties involved in assessments or evaluations. 

The Client acknowledges that Peritiv's findings and recommendations rely on the accuracy and completeness of the information provided. 

3. Advisory Nature of Services 

All reports, insights, and recommendations provided by Peritiv are advisory in nature and are intended to support the Client's decision-making. 

The Client remains solely responsible for any business decisions made based on Peritiv's findings or recommendations. 

Peritiv does not guarantee specific business outcomes, hiring results, or operational improvements arising from its Services. Assessment scores, mystery shopping results, and advisory recommendations are professional opinions based on the information available at the time of delivery. 

4. Assessments and PULSE Evaluations 

Peritiv's capability assessments, personality profiling, and PULSE evaluations are delivered via a secure online platform. Assessment results reflect the candidate's responses and performance at the time of completion and are not a guarantee of future performance, suitability, or competence. 

The Client acknowledges that: 

  • assessment results are one input into the Client's decision-making and should be used alongside other recruitment, development, or performance management processes; 

  • results may be influenced by factors outside Peritiv's control, including candidate engagement, technical environment, and the accuracy of information provided; 

  • assessments are conducted under monitored conditions (including screen recording and webcam capture) to maintain integrity, and candidates are informed of this prior to commencement; 

  • Peritiv is not liable for any employment decision, termination, or other action taken by the Client based on assessment results. 

The Client must not use assessment results as the sole basis for adverse employment decisions without undertaking its own independent evaluation. 

5. Payment 

The Client agrees to pay all fees as set out in the relevant proposal or service order. 


All fees are quoted exclusive of GST unless otherwise stated. GST will be added where applicable. 


Invoices are due within 14 days of the invoice date unless otherwise agreed in writing. 


Peritiv reserves the right to charge interest on overdue invoices at a rate of 3% per month on the outstanding balance. 


Peritiv reserves the right to suspend Services if invoices remain unpaid beyond 30 days. 


6. Cancellation and Rescheduling 

The Client may cancel or reschedule a confirmed engagement by providing at least 5 business days' written notice prior to the scheduled date of delivery. 


Cancellations received with less than 5 business days' notice may incur a cancellation fee of up to 50% of the agreed service fee. 


Where Services have already commenced or costs have been incurred by Peritiv prior to cancellation, those costs remain payable by the Client. 

7. Use of Contractors 

The Client acknowledges that Peritiv may engage qualified third-party contractors to deliver certain Services, including but not limited to mystery shopping and guest experience audits. 


All contractors engaged by Peritiv are bound by confidentiality obligations consistent with this Agreement. 

8. Confidentiality 

Both parties agree to treat all confidential information exchanged under this Agreement as strictly confidential. 

Confidential information includes but is not limited to: 

  • business strategies 

  • operational data 

  • employee or candidate information 

  • assessment results 

  • methodologies used in Peritiv's services 

Neither party may disclose confidential information to third parties without prior written consent, unless required by law. 


Obligations of confidentiality survive termination of this Agreement. 

9. Intellectual Property 

All intellectual property relating to Peritiv's methodologies, frameworks, scoring models, reporting structures, tools, and materials remains the exclusive property of Peritiv. 

The Client is granted a limited, non-exclusive licence to use reports and materials provided by Peritiv for internal business purposes only. 

The Client must not reproduce, distribute, or commercialise Peritiv's methodologies or materials without written permission. 

10. Data Retention, Deletion, and Benchmarking 

Data Retention 

Peritiv will retain Client data, including assessment results, mystery shopping reports, and advisory materials, for a period of 3 years from the date of delivery, unless otherwise agreed in writing. 

Deletion 

The Client may request deletion of its data at any time by providing written notice to Peritiv. Peritiv will confirm deletion within 20 business days of receiving such a request, except where retention is required by law or where data has already been anonymised in accordance with this clause. 

Anonymised Data and Industry Benchmarking 

The Client acknowledges and agrees that Peritiv may retain and use anonymised, aggregated data derived from the Services for the purpose of developing and maintaining industry benchmarks, insights, and reporting. 

Such data will not identify the Client, its employees, candidates, or venues. 


This right survives termination of the Agreement. 

11. Personal Information 

Where Services involve the handling of personal information relating to employees, candidates, or other individuals, the Client warrants that it has obtained the necessary consent for such information to be provided to Peritiv. 

Peritiv will handle personal information in accordance with applicable privacy laws and its Privacy Policy, available at peritiv.com. 

12. Use and Distribution of Reports 

Reports and other materials provided by Peritiv are prepared solely for the use of the Client who has commissioned the Services. These materials may contain confidential and proprietary information and are intended only for the authorised recipient. 

Peritiv will provide reports to the Client's nominated contact or authorised recipient. The Client is responsible for the internal distribution, access, and management of such reports within its organisation. Peritiv will not be liable for any disclosure, use, or distribution of reports once they have been delivered to the Client or its authorised representative. 

If a report or assessment is received by a person who is not the intended recipient, that person must not review, use, disclose, or distribute the information and should notify the sender and delete the material. 

While Peritiv takes reasonable care in preparing and transmitting reports, it does not guarantee that electronic communications or attachments are free from errors, viruses, or other harmful components. 

13. Non-Solicitation 

During the term of this Agreement and for a period of 12 months following its termination, neither party shall directly solicit or attempt to recruit any employee, contractor, or agent of the other party who has been involved in the provision or receipt of the Services, without the prior written consent of that party. 

This clause does not restrict either party from hiring individuals who respond to general public advertisements or who approach a party on their own initiative. 

14. Limitation of Liability 

To the maximum extent permitted by law, Peritiv shall not be liable for any indirect, incidental, or consequential loss arising from the use of its Services. 


Peritiv's total liability under this Agreement shall not exceed the total fees paid by the Client for the Services giving rise to the claim. 

15. Indemnity 

Each party (the "Indemnifying Party") agrees to indemnify and hold harmless the other party from and against any claims, losses, damages, or expenses (including reasonable legal costs) arising from: 

  • a breach of this Agreement by the Indemnifying Party; 

  • any negligent or wrongful act or omission of the Indemnifying Party in connection with this Agreement; 

  • any breach of applicable privacy laws by the Indemnifying Party. 

16. Insurance 

Peritiv maintains professional indemnity insurance and public liability insurance appropriate to the nature and scope of the Services. Details of coverage will be provided to the Client upon reasonable request. 

17. Force Majeure 

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement to the extent that such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemic, government restrictions, industrial action, or failure of third-party systems. 

The affected party must notify the other party as soon as practicable and take reasonable steps to mitigate the impact. If a force majeure event continues for more than 60 days, either party may terminate this Agreement by written notice without liability. 

18. Term and Termination 

This Agreement will remain in effect until completion of the Services or termination by either party. 

Either party may terminate the Agreement with 30 days' written notice. 

Termination does not affect the Client's obligation to pay outstanding invoices for services already provided. 

Termination does not affect obligations under the Confidentiality, Intellectual Property, Data Retention and Benchmarking, and Non-Solicitation clauses, which survive termination. 

19. Dispute Resolution 

In the event of a dispute arising under this Agreement, the parties agree to first attempt to resolve the matter through good faith negotiation within 14 days of written notice of the dispute. 

If the dispute is not resolved through negotiation, either party may refer the matter to mediation administered by the Resolution Institute (or its successor). The location of mediation will be determined by mutual agreement. The costs of mediation will be shared equally. 

If mediation does not resolve the dispute within 30 days of referral, either party may commence proceedings in the Federal Court of Australia or the courts of the relevant State or Territory. 

20. Governing Law 

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the federal and state courts of Australia. 

The headings in this Agreement are solely for convenience of reference and shall not affect its interpretation. If any provision of this Agreement is invalid or unenforceable, the balance of the Agreement shall remain in effect. 

21. Entire Agreement 

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or representations relating to the Services. 

Any variation to this Agreement must be agreed to in writing by both parties.