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Subscriber Agreement

Employment Check NZ Subscriber Agreement

This Subscriber Agreement includes important information about your use of Employment Check NZ Services ‐ including the privacy authorisations that you must obtain from Prospective Individuals before using Information Services (see section 8 below). You acknowledge and agree that your use of Employment Check NZ Services is subject to the terms, conditions and disclaimers set out below. Please read this Subscriber Agreement carefully ‐ we are happy to assist with any questions that you may have.

1.         Introduction

1.1       This Subscriber Agreement applies to NZ citizens and individuals use of all Employment Check NZ Services accessed using the Website.

1.2       Capitalised terms used in this Subscriber Agreement have the meaning given to them in clause 16.

2.         Subscriber Agreement

2.1       By subscribing as a Employment Check NZ Subscriber, you agree to follow and be bound by this Subscriber Agreement, which comprises this Subscriber Agreement, the Employment Check NZ Website Terms of Use, our Privacy Policy, any additional terms and conditions published on the Employment Check NZ Website and our procedures and any other instructions we provide when you use any Employment Check NZ Service. This Subscriber Agreement applies to all services that Employment Check NZ supplies to you.

3.         Changing this Subscriber Agreement

3.1       We may amend any aspect of this Subscriber Agreement, including fees and charges, at our sole discretion. We will notify you of changes by publishing updates on our website or by email communication. By continuing to use Employment Check NZ Services you will be deemed to have accepted the updated Subscriber Agreement.You should check from time to time to see if any part of this Subscriber Agreement has been updated.

4.         Eligibility to use Employment Check NZ Services

4.1       To be eligible to be a Employment Check NZ Subscriber you must:

(a)        be a NZ citizen;

(b)        be 18 years of age or older and resident in New Zealand; and

(c)        meet the Employment Check NZ identity verification requirements.

4.2       You may not be an Employment Check NZ Subscriber if you are directly or indirectly involved (in any capacity) in the operations of a service that competes with Employment Check NZ Services.

4.3       By subscribing as a Employment Check NZ Subscriber you undertake that:

(a)        you meet the eligibility criteria in clause 4.1 and clause 4.2; and

(b)        all information that you have provided to Employment Check NZ is complete, accurate, up to date and not misleading.

4.4       Employment Check NZ reserves the right to decline to subscribe you as a Employment Check NZ Subscriber or to terminate your Employment Check NZ subscription without entering into further discussions with you.

5.       

5.1       If you are accessing Employment Check NZ Services on behalf of a business (including a company, trust, private partnership or limited liability partnership) your account can only be opened by a Director, Chief Executive Officer, Chief Financial Officer, General Manager or other authorised person. The entity that establishes a business account is responsible for the use of that account by all individual users registered on the account. However, every individual user must separately register an account and must have separate Login Details. Generic Login Details for multiple users for a Employment Check NZ account is expressly prohibited. This is to ensure that we can ask the specific user of Employment Check NZ Services to confirm that they have obtained the authorisation required from Prospective Individuals(see section 8 below).

5.2       If you are a representative of the business account, you must notify us if a registered user leaves your organisation so that we can disable their account.

5.3       You must keep your Login Details confidential and must not allow another person to use your Login Details. Please contact us immediately if you become aware of any unauthorised use of your Login Details or any other breach of security.

5.4       You represent that you are completing the Employment Check NZ subscriber registration (or, if applicable, extra users registration) for yourself and not for any other person. We may report any unauthorised use of Employment Check NZ Services as fraud, and may report any other suspicious activity using our Website to enforcement agencies and credit providers.

6.         Our Charges

6.1       You must pay us our current charges and fees for any Employment Check NZ Service you use, by the 20th day of the month following the month in which you use the Employment Check NZ Service.

6.2       Our current charges and fees are published on the Website. Unless expressly stated otherwise, all charges and fees are exclusive of GST and you must pay GST in addition to the applicable charges and fees.

6.3       We will send you an invoice for charges and fees when you use a Employment Check NZ Service, unless you have nominated on your account not to receive individual invoices, in which case you will receive an itemised monthly account.

6.4       If you do not pay us by the due date for payment, all amounts you owe Employment Check NZ will become immediately due and payable, we may immediately cease providing any Employment Check NZ Services to you and we may require you to pay us any costs we, or our agents, incur in recovering money you owe us, including debt collection agency fees and legal costs (on a solicitor and own client basis).

6.5       We will send bills and notices to the last postal or email address you have given to us. You must tell us if you change any of those contact details.

7.         Credit Reports about Prospective Individuals

As a Employment Check NZ Subscriber, you can use the Employment Check NZ Website as a portal to request and access a Credit Report about a Prospective Individual from the credit reporter illion. If you do so, you appoint Employment Check NZ to act as your agent in accordance with this section 7. Employment Check NZ is not a credit reporter and does not provide Credit Reports to Employment Check NZ Subscribers.

7.1       You may use the Website to request a Credit Report.

7.2       If you request a Credit Report, you confirm that:

(a)        if the Credit Report relates to an individual you are requesting a Credit Report for the purpose of assessing the creditworthiness of the individual as a Prospective Individual(you will be asked to confirm this purpose each time you request a Credit Report about an individual); and

(b)        you have the authorisation of the relevant Prospective Individual in accordance with section 8 below.

7.3       If you request a Credit Report about a Prospective Individual, you are using the Website as a portal to request the Credit Report from illion ‐ Employment Check NZ is not a credit reporter and does not provide Credit Reports to Employment Check NZ Subscribers. If you use this Employment Check NZ Service, you appoint Employment Check NZ as your agent to:

(a)        request that illion provides you with the Credit Report (to be accessed via the Website); and

(b)        disclose to illion and authorise illion to collect, use, store and disclose personal information in accordance with section 8.

The authority to act as your agent under this clause 7 continues until such time as this Subscriber Agreement is terminated in accordance with clause 10 below.

7.4       Employment Check NZ will only obtain a Credit Report for the purpose of enabling you to access the Credit Report via the Wesbite and will not use or retain any credit information from illion for Employment Check NZ's own purposes. Employment Check NZ may also keep a record for legal compliance and audit purposes.

8.         Privacy Statement authorisation from Prospective Individuals

You must not use Employment Check NZ Services to obtain information about a Prospective Individual without the authorisation of the applicable Prospective Individual. You must use an Employment Application Form which includes a privacy statement covering all of the clauses from the applicable Employment Check NZ Privacy Statement on the Employment Check NZ

8.1       When you use any Employment Check NZ Services or the information we give you, you must comply with the Privacy Act 1993 and all other laws.

8.2       Without limiting clause 8.1, you may only use Information Services if the applicable Prospective Individual have authorised the collection, use and disclosure of Personal Information in accordance with the Employment Check NZ Privacy Statement (as updated from time to time).

8.3       To ensure that you obtain the required authorisation, you must use Application Form which includes a privacy statement covering all of the clauses from the applicable Employment Check NZ Privacy Statement (as updated from time to time). A downloadable copy of the current version of the Employment Check NZ Privacy Statements can be obtained online from Employment Check NZ Forms menu at any time.

8.4       You must retain a record of each authorisation for a period of 6 years and provide it to us if we ask you to.

8.5       Employment Check NZ and Employment Check NZ's Group Companies will retain and use information, provided to us by you, to supply our Information Services to you and others. Employment Check NZ and Employment Check NZ's Group Companies will not remove any information from their respective systems unless they think that it is not accurate, up to date or complete.

9.         Subscriber's obligations

You must ensure that all information you provide to Employment Check NZ, and your associated practices and processes, comply with the following obligations. It is very important that you ensure that all information that you provide to Employment Check NZ, including default lodgments, is and remains accurate, up to date and is not misleading.

9.1       You must not disclose any information to us, including credit default information (such as a default lodgment) without taking such steps as are, in the circumstances, reasonable to ensure that the information is accurate, up to date, complete, relevant and not misleading. You must update information you have provided us as soon as reasonably practicable to ensure that you comply with this clause.

9.2       You must only use the reports and information we supply to you for your personal or internal business use. You must not give our reports or information to anyone else in accordance with the Privacy Act 1993 or otherwise as required by applicable law.

9.3       Where you collect and provide a driver licence or passport number to us, you confirm that you have made it clear to the individual that providing this number is voluntary and that you have taken reasonable steps to ensure the individual is the person shown on the driver licence.

9.4       You must:

(a)        have written policies and procedures for your employees, agents and contractors to follow when they use Employment Check NZ Services so that all those people comply with your obligations for use of those services, particularly where you use the services referred to in section 7 above;

(b)        have controls over who uses those services. Your controls must include a separate username and password for each user of Employment Check NZ Services (see section 5 above);

(c)        provide information and training on the policies, procedures and controls so that your employees, agents and subcontractors follow those policies, procedures and controls for use of Employment Check NZ Services;

(d)        monitor your use of our reporting services and regularly check compliance with your internal policies, procedures and controls;

(e)        take appropriate action if you identify any breaches of those policies, procedures and controls;

(f)         take all other appropriate measures to safeguard information we give you against improper access; and

(g)        not use the Employment Check NZ Services in a way that may result in complaints, disputes or claims, whether or not resulting in any financial cost or other liability to us or you.

9.5       You must not directly or indirectly access or use any Employment Check NZ Services for the purpose of building, improving or providing any product or service that competes with all or any part of the Employment Check NZ Services or has similar features or functionality. Employment Check NZ reserves the right to decline to approve, or to revoke, your access to Employment Check NZ Services if, in Employment Check NZ's opinion, you have breached this clause 9.5, without entering into further discussions with you.

9.6       We may monitor and review your use of Employment Check NZ Services and your compliance with this Subscriber Agreement. If we do, you must co-operate with our reasonable requirements to monitor and review your use of those services and your compliance with this Subscriber Agreement, including reviewing the effect of the policies, procedures and controls you have in place. For example, if we ask you to, you must give us evidence to confirm that you have the required authorisation from a Prospective Individual before requesting Information Services and that you have requested a Credit Report only for the purpose of assessing the creditworthiness of an individual as a Prospective Individual. illion may also monitor and review your use of Employment Check NZ Services (to the extent that they include access to Credit Reports), and you must cooperate with illion, in accordance with this clause 9.5.

9.7       You must promptly co-operate with us and illion if Employment Check NZ or illion needs to investigate or resolve any requests for correction of personal information, in order to comply with the Privacy Act 1993 or meet other legal obligations.

10.       Termination and suspension

10.1    We may terminate this Subscriber Agreement and/or terminate or suspend your access to Employment Check NZ Services, without notice to you, if we have reasonable grounds to believe that you have breached this Subscriber Agreement or have not paid fees and charges when due.

10.2    We or you may terminate this agreement, without cause, by giving 30 days' written notice to the other.

10.3    The provisions of this Subscriber Agreement that are expressly, or by implication, intended to survive termination, will survive termination of this Subscriber Agreement, including clause 9.5 and clauses 10 ‐ 14 (inclusive).

11.       Disclaimer

While we always aim to provide quality information, we cannot guarantee the availability or accuracy of the information that we provide to you. You remain responsible for assessing the value of the information we provide you, and for the business decisions that you make.

11.1    While we always aim to provide quality services and information, we do not guarantee that the services and information available on the Website will be accurate or continuously available. You acknowledge that we do not control the information links and infrastructure required to provide Employment Check NZ Services and that we do not independently check all information supplied to us, or the compilation of information by our systems.

11.2    You are responsible for assessing the value of the information we provide you, and for the business decisions that you make, whether you base them on the information we supply or not. Neither we nor illion will be liable in any way whatsoever to you or anyone else for any decision or action taken by you or anyone else in reliance upon the information provided on the Website or provided by Employment Check NZ or illion.

12.       Limitation of liability

Section 12 and 13 include important information about Employment Check NZ and Employment Check NZ's Group Companies liability to you and your liability if you breach this Subscriber Agreement.

12.1    If you are using, or holding yourself out as using, the Website and/or Employment Check NZ Services "in trade" (as defined in the Consumer Guarantees Act 1993 (CGA)), the provisions of the CGA do not apply to any services we provide to you. If you are not using or holding yourself out as using the Website and/or Employment Check NZ Services "in trade", nothing in this Subscriber Agreement will exclude, restrict or modify any guarantee, right or remedy that you may have under the CGA.

12.2    To the extent permitted by law, Employment Check NZ and Employment Check NZ's Group Companies exclude all liability for any loss, damages, costs or expense, whether in tort (including negligence), contract or otherwise, which you or any other person may suffer or incur in connection with the Employment Check NZ Services, including the use or inability to use the Website, any fraudulent or other unauthorised registration for or use of a Employment Check NZ account or any information contained on the Website or supplied or collected by Employment Check NZ.

12.3    Employment Check NZ and Employment Check NZ's Group Companies do not warrant the reliability, availability, accuracy, completeness or timeliness of information on the Website or provided by Employment Check NZ, including any Credit Reports obtained on your behalf from illion. We are not liable to you for the accuracy of information we have received from third parties (including other Employment Check NZ subscribers), public registers or publicly available information and all information we provide is provided "as is" without warranty of any kind, express or implied.

12.4    Notwithstanding this clause 12 to the extent that we are liable to you or any other person, to the extent applicable and permitted by law, our liability for any claim or series of related claims is limited (at our discretion) to:

(a)        the amount you have paid us for the Employment Check NZ Services that gave rise to the relevant claim; or

(b)        resupplying the relevant Employment Check NZ Services.

12.5    You must not make a claim against Employment Check NZ or any Employment Check NZ's Group Company if you have not notified Employment Check NZ or the Employment Check NZ's Group Company (as applicable) of the claim within one month of the act or omission that gave rise to the claim.

 

13.       Indemnity

You indemnify Employment Check NZ and Employment Check NZ's Group Companies from all claims (however arising), losses, costs and expenses (of whatever nature, including legal fees on a solicitor and own client basis and debt collection agency fees) incurred by us and/or our related parties in connection with your breach of this Subscriber Agreement.

14.       Rights of illion and other third parties

14.1    References in this Subscriber Agreement to illion and other Employment Check NZ's Group Companies is intended to confer a benefit on those companies, and be enforceable by those companies, for the purposes of the Contract and Commercial Law Act 2017, Part 2, Subpart 1.

15.       How to contact us

15.1    Please contact us on admin@employmentcheck.nz or 0800 836 268 if you have any questions about this Subscriber Agreement, the Website, our Privacy Policy or any of our services.

16.       Definitions and interpretation

The "General" and "Interpretation" provisions set out in the website Terms of Use apply to this Subscriber Agreement.

In this Subscriber Agreement, capitalised terms have the following meanings:

Credit Report means a credit report about a Prospective Individual that you request and access via the Website, in accordance with clause 7;

Information Services means a Employment Check NZ Service that includes the provision of information about Prospective Individuals;

Login Details means a username and password to access the Website;

Subscriber Agreement means this Employment Check NZ NZ citizen Subscriber Agreement;

Employment Check NZ means illion Tenancy Limited (also referred to as "us" "we" and "our");

Employment Check NZ Group Companies means Employment Check NZ, illion (New Zealand) Limited and Tenderlink Limited and their respective related companies from time to time (where related company has the meaning given to that term in section 2(3) of the Companies Act 1993, provided that any reference to a "company" shall be deemed to be a reference to any body corporate, wherever incorporated);

Employment Check NZ Services means the services provided to Employment Check NZ Subscribers via the Website;

Employment Check NZ Subscriber means any person who has registered as a Employment Check NZ subscriber and agrees to follow and be bound by this Subscriber Agreement; and

Website means the website operated under the domain name www.employmentcheck.nz

LAST UPDATED: April 2018

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