CHECKID - TERMS AND CONDITIONS

           GENERAL

  1. These Terms and Conditions shall govern the Products offered by CheckID Limited (“the Company”) to its Customers (the “Customer”).   
  2. The Company shall not provide any Product to the Customer unless the Customer accepts these Terms and Conditions.
  3. The Company may amend these Terms and Conditions and any Fees for its Products by notice on the Company’s Website.
  4. The governing law of these Terms and Conditions shall be the same law governing of the Products. The place for prosecution for debt is the place of the office of the Company.
  5. These Terms and Conditions shall survive any termination of the business relationship between the Company and the Customer.
  6. By accepting these Terms and Conditions the Customer accepts the Company’s Privacy Policy.

    DEFINITIONS AND INTERPRETATION

  7.  Unless the context otherwise provides:

    • “Actual fraud” and “wilful default” means a finding to such effect by a competent court in relation to the conduct of the relevant indemnified person
    • “Company’s Website” means www.checkidentification.com or any other website used by the Company from time to time to deliver the Company’s Products.
    • “Fees” means all applicable fees as published on the Company’s Website, as amended from time to time.
    • “Products” and “Product” means the products offered by the Company advertised on the Company’s Website, including but not limited to CheckID Simplified, CheckID Standard, CheckID Enhanced, CheckID Advanced.
    • “Report” means the soft copy emailed report provided by the Company to the Customer after the Customer has purchased one of the Products.
    • “Terms and Conditions” shall mean these Terms and Conditions as amended from time to time by the Company.

    REGISTRATION & COMMUNICATION

  8. The Customer must register with the Company through the Company’s Website by providing an email address for communication and shall obtain a password from the Company prior to the Customer having access to purchase the Products.
  9. Communication between the Company and the Customer shall be electronically by email and through the Company’s website and any such communication shall satisfy any legal requirements that such communications be in writing.

    FEES AND PAYMENT

  10. The Fees shall be set by the Company and may be amended from time to time by the Company.  Any amendment of the Fees shall be published on the Company’s Website.
  11. The Fees are in New Zealand dollars and are inclusive of GST of 15%.
  12. The Fees shall be paid by the Customer to the Company by electronic means at the time a Product is purchased by the Customer through the Company’s website.
  13. Upon payment of Fees, an invoice shall be generated by the Company’s Website and issued to the Customer’s registration email address.
  14. Any query relating to Fees may be directed to the Company through the Company’s Website.

    PROVISION AND RELIANCE ON INFORMATION

  15. The Company will take all such reasonable steps to ensure that the Company’s Website is provided on a secure platform so as to preserve information shared between the Company and the Customer
  16. The Company shall rely on the information and supporting documents provided by the Customer to provide the Products to the Customer on that basis.
  17. The Customer confirms that by submitting the information and supporting documents the Customer has satisfied itself that it has the required authority to do so for the purpose of purchasing the Products.   The Company shall not be required to enquire as to whether the Customer has the necessary authority to provide the information and supporting documents to the Company.
  18. The Customer confirms to the Company that all the information and supporting documents provided by the Customer to the Company are true and correct in all material aspects and acknowledge that the Company shall provide its Products to the Customer on that basis.
  19. The Company shall provide a Report to the Customer’s registration email address in accordance with the Product purchased.
  20. The Customer shall use the Report provided by the Company only for the Customer’s own use and shall not share the Report with any third parties.
  21. The Customer agrees that the Company is not responsible for any mistake that the Customer makes in interpreting and/or using the Company’s Website, Products, and Report.

    CONFIDENTIALITY AND USE OF INFORMATION

  22. The Company shall keep confidential all Reports provided by the Company to the Customer and shall not disclose the same to any third party except where; (i)  the Company has engaged an agent to provide the Products to the Customer; or (ii) where required at the request of any applicable regulatory authority having jurisdiction; or (iii) where required by law or by a Court Order; or (iv) where the Customer requests the Report to be provided to a third party by email.

    INTELLECTUAL PROPERTY RIGHTS

  23. All content contained on the Company’s Website and in any Report provided by the Company shall at all times remain the sole property of the Company.

    FORCE MAJEURE

  24. If the Company stipulates a time frame for the delivery of a Report, the Company shall not be liable for any delay in providing a Report within stipulated timeframe if the failure or delay is out of the Company’s control.

    LIMIT OF LIABILITY AND INDEMNITY

  25. The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and any other New Zealand legislation may impose warranties, conditions or obligations upon the Company which cannot by law be excluded, or may be excluded to a limited extent.  The Company hereby excludes all such imposed warranties, conditions or obligations to the extent permitted by law.  The Company hereby excludes any warranty, condition or obligation imposed or implied under common law, equity or otherwise. 
  26. To the fullest extent permitted by law, the Company shall not be liable for any damages, losses, costs or expenses to the Customer at any time from any cause whatsoever unless caused by the Company’s own actual fraud or wilful neglect. Without limitation to the foregoing, the Company shall not be liable for any direct, indirect, special, incidental or consequential damages arising in connection with the Customer’s use of and access to the Company’s Website, the Customer’s use of the Products, any material provided by the Company or any emails or attachments or mail sent by the Company to the Customer, interruption, delay or impairment in the functioning, operation or availability of the Company’s Website, exposure to or transmission of any computer virus, internet access difficulties in connection with our website, or malfunction in equipment or software losses or expenses arising in connection with the above, or any failure of performance, error, omission, termination, interruption, defect or delay in the operation or transmission of the Products or the Company’s website.
  27. To the fullest extent permitted by law, the Customer shall upon demand pay, indemnify, defend and hold harmless the Company  its successors and assigns and its respective officers, directors, employees, agents and each of them (collectively the “Indemnified Persons”) from and against all claims, liabilities, losses, demands, suits, actions, investigations, proceedings, damages, liabilities, legal fees, settlements, judgments, disbursements and other costs and expenses incurred in connection therewith (as and when they are incurred and irrespective of whether action or suit being brought), at any time asserted, imposed upon, or incurred by any of the Indemnified Persons in connection with or as a result of or related to: (i) any misrepresentation or warranty made by the Customer to the Company whether or not involving a third party claim; (ii) the purpose and use of the Product; (iii) the access to the Company’s website, and any material downloaded from the Company’s website or any emails or attachments sent to the Customer by the Company except as a result of actual fraud or wilful default of the relevant Indemnified Person.  This indemnity shall expressly inure to the benefit of any such person existing or future.

    DISCLAIMER

  28. The Company uses third party providers to provide its Product to its Customers.  The Company relies entirely on the databases held by those third parties when the Company provides its Product to its Customers.  The Company shall not be liable to a Customer for any deficiencies in any Report provided by the Company to a Customer which are based on the third party providers the Company relies upon.
  29. The Company in no way guarantees that the Product purchased by the Customer and the resulting Report provided by the Company to the Customer will be fit for the purpose required by the Customer. 
  30. The Company will in no way endorse the acceptance or otherwise by the Customer of the Customer’s potential customer based on the outcome of the Report provided by the Company to the Customer.  The Customer will not rely solely on the Company’s Report for the purposes of customer due diligence and the Customer will instead undertake its own full due diligence checks on the Customer’s potential customers.
  31. The Customer will not rely on any statement or representation in any form made by the Company in relation to the suitability of any Product offered by the Company or any Report provided by the Company and the Customer expressly agrees not to commence any proceeding or action arising from any such reliance.
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