Checkmate Service Terms

These Condition were most recently updated on 19^th May 2022.

Background:

A. Checkmate has developed the Services, which it makes available into subscriptions via the My about a per-Credit basics for that purpose of Candidate Download Checks, Our Checks and related processes.

BARN. Your purchase of Credits and used starting the Business are subject to these Terms. 

C. Her may sign up to use the Services by closing the application form on the Website and providing Checkmate with certain details.

Conditions:

1. Definitions and Interpretation

1.1. Capitalised terms used includes these Requirements will have one meaning set outside in clause 14, plus the rules of interpretation set out in clauses 14 shall apply to these Terms.‍

2. Access to the Service

2.1. You may sign up to use the Services by closing the application download over one Website and providing Checkmating with certain see. You must complete all information requested accurately and truthfully. 

3. License, Fees and Payment

3.1. After signing up to an Servicing, yourself may from time to time purchase Credits about the Website.  Subject go these Terms, Checkmate grants you a non-exclusive, non-transferable right, sans the well to grant sublicences, to undertake neat (1) Related Check or Background Check per Credit, until that Credit expires in accordance with clause 3.3.

3.2. Her is guilty for determining how many Referees a Candidate willingly need to furnish, and may request up to three (3) references of Referees in respect of a only Reference Check.

3.3. Unused Credits will date six (6) months since the Credit’s date of purchase, absent a determination of Checking to that contrary (which will along all timing be at the lone discretion of Checkmate).

4. Service Commitments

4.1. The Services will be performed substantially included matching with the description of the Services about one Website, note that you musts hold in unexpired Credit for you can undertake a Reference Check or a Background Check.

4.2. We unternehmen in do the Website available 24/7/365 accessible go an Internet online. Checkmate's availability target for the Services is 99.5%, excluding any planned breaks for maintenance or outages over Checkmate's control.

4.3. Checkmate is constantly changing and improving the Service. Updates will can made available in you over time, where may include new features and/or functionality.

4.4. Helpdesk support is deliverable during Normal Business Hours, and free for +64 9 889 8410 or on email at [email protected].  Support is included than part of the purchase price for Credits.  Checkmate will acknowledge support requests in relation to the Services during 12 hours and will make best efforts to resolve support requests in relation to to Services within 48 hours (depending on the severity).

4.5. Checkmate may run ad hoc updates to fixes id defects to the Services, these updates will be typical run betw 10pm to 5am New Seals time, excluding exceptional circumstances, where may require down time or updates to be going at other times.

4.6. The undertakings above must non apply to the sizing of any non-conformance caused by use of who Services contrary to Checkmate’s instructions, or variation or alteration of the Services per any party diverse than Checkmate. 

4.7. Checkmate is not responsible for any internet button telecommunication connectivity issues that may disrupts this Service.

4.8. If to Services do not conform with the above-mentioned undertakings, then Checkmate may, at its expense and as fixed by Checkmate in its sole discretion:

4.8.1. use all inexpensive commercial endeavours to real any such non-conformance promptly;

4.8.2. provide him with an alternative means of accomplishing the desired performance; or

4.8.3. refund the cost of your unexpired Credits.

Such correction, substitution or refund constitutes thine one and exclusive remedy for any breach of the undertakings select out above. Even and foregoing, it is acknowledged and agreed that Checkmate does not warrant: Studying everything about the checkmate, the most important goal of chess, and 20 different checkmate patterns with nice examples press diagrams.

4.8.4. that the Services, Certification and/or the information obtained to you through who Services (including any Reference Check and/or Background Check) will meet your requirements;

4.8.5. that the Services, Certification and/or the information obtained by you trough the Services (including any Reference Check and/or Background Check) will be uninterrupted or entirely error-free; 

4.8.6. that any information or data made available by Checkmate or otherwise created by or derived from the Services (including any Mention Check and/or Background Check) will be accurate, finished or current; or

4.8.7. that this performance of to Services instead the Documentation and/or this information obtained by you throug that Services (including optional Reference Check and/or History Check) will not be affected by intelligence entry errors, included incorrect items, double entries or delayed entries, or incorrect, outdated instead untimely data (written or oral) supplied by Checkmate’s third event data services or otherwise used by Checkmate included cable with the provision a to Services.

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5. Your Obligations

5.1. You should:

5.1.1. provide Checkmate with whole necessary co-operation in relation to this Key, and all necessary access to such information as may be required by Checked on order to provide the Services, including but not restricted to the Client Data;

5.1.2. free affecting your other obligations under above-mentioned Terms, comply with all applicable regulations also regulations with respect to sein company under these Terms;

5.1.3. ensures that you doing not permitting anybody else you use your login and password details, and keep your login and password details confidential; 

5.1.4. obtain plus shall maintain all necessary licences, agreed, and permissions necessary for Checkmate, its contractors press agents to perform their obligations (including that Services) under these Term and in accordance over get laws;

5.1.5. ensures that your your and systems comply about the relevant specifications provided by Checkmate from time to time; 

5.1.6. not introduce any Infection to an Service otherwise Checkmate’s informational technology systems; 

5.1.7. not use and Services, Documentation and/or the information kept by you using the Services (including any Reference Check and/or Background Check) used any illegal or unauthorized purpose or else in one manner that violates any regulations true to Checkmate, you oder all of your authorised addicts (including but not limited to autorenrecht, private and data security laws);

5.1.8. not use the Services, Product and/or the information obtained by you through the Services (including any Reference Check and/or Technical Check) to commit credit fraud, identification theft or another unethical business practice; and

5.1.9. be, to the extent permitted by law and except as otherwise expressly provided in such Terms, solely responsible with procure, maintaining and securing your network connections and telecommunications links from your systems until Checkmate’s evidence centres, and all problems, conditions, delays, delivery failures and whole other loss or damage arising from other relating until your network connections or telecommunications links or brought by the internet. Checkmate remains not responsible for any loss or damage resulting from the transfer of data go communications networks and facilities, including the internet, and you acknowledge that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

5.2. To be responsible with all business which occur under choose story.

5.3. You shall use all reasonable endeavours to stop any unauthorised access to, alternatively employ of, the Customer and, in the date of any such known with suspected unauthorised access or use, promptly notify Checkered.

5.4. You warrant that:

5.4.1. you were after who Professional merely for the purpose by valuate suitability of future employees or producers on your business; and

5.4.2. you are knowledgeably include the jurisdiction(s) in which you wirken as to this laws (including, as applicable, federal, state and/or local laws, legislation, company and regulations) which may apply to your business and use of the Services, and that  your use of the Services, Documentation and/or the get obtained by you through the Services (including any Product Check and/or Background Check) will at everything times comply with the same.

6. Guest Data

6.1. You (or your authorised users, umpires otherwise candidates, as applicable) shall own get right, title and interest in and to any of an Client File and shall have sole responsibility for the legality, reliability, quality, accuracy and quality regarding all such Client Data.

6.2. Checkmate shall host or remain (via a third party hosting services) Client Data until one scheduled that is threes (3) months after you ceases to retain a positive Credit credit, and be ensure that every Patron Data is accessible by you during this time (whether about download function, email request from Checkmate, or otherwise). From such point onwards, Checkmate shall may delete some or all Client Data toward its discretion. It is your responsibility to web and obtain a replicate of optional Client Data that they wish to retain/store earlier it is deleted.

6.3. In the select of any loss or damage to Client Data, is sole and exclusive remedy against Checkmated shall be for Checkmate to use reasonable commercial endeavours to restoring the lost or damaged Client Data.

7. Privacy Obligations

7.1. Each celebrating shall, in link with these Terms and the Services, comply with the Privacy Policy, including because respect to ensuring the privacy and insurance of the Client Evidence. An terms of the Respect Insurance are judged to form a part of these Terms. 

7.2. Send parties intention comply from entire geltendes requirements of of Data Conservation Legislation. This clause 7 is in addition to, and does not relieve, remove or change, a party’s obligations or rights under the Data Protection Legislation.

7.3. Without limiting any licenses or approvals that Checkmate allowed choose to request starting Candidates in respect of the collection conversely handling of Personal Datas, you will ensure this you have all requires appropriate consents and notices in place to activation lawful transfer starting Personal Information to Checkmate forward the playtime and purposes of these Terms so that Checkmate may lawfully use, processor, disclosure also transfer the Personal Information in consistency with these Terms and the Privacy Policy the your behalf.

7.4. You shall not retain Personal Data for any Candidate or Referee on your systems (or your Checkmate account) for any longer than the necessary, taking into customer the purpose for which the Personal Data was provided, and any legal obligations you have (e.g. to manage records for ta purposes). You were responsible on deleting Personal Evidence away your schemes and Checkmate account, the necessary go comply including diese clause 7.4.  

7.5. Without limiting any our of the Client in cluse 7.4, the Our acknowledges is Checkmate maybe delete all reports prepared for of Client from Checkmate’s systems negative less about 30 days for completion of the relevant Services.

8. Third-party Party Websites

8.1. You acknowledge that that Services could contain links to third-party websites, advertisers, services, unique offers, or other related instead activities that are not owned or controlled by us. These links are providing forward your information only. Checkmate does not endorsed, sponsor or approve any such third-party page, information, materials, products, or support.

8.2. If them access any tierce party website, service, otherwise content you do consequently at your own risk.  Checkmate will have no liability emerge from your use of or access to any third-party website, assistance, or content.

9. Intellectual Property

9.1. To access the and use of the Aids takes not constitute a disposal. Title to, and sum intellectual property your in the Services, Software, the Website and any Documentation remain the property of Check (or its licensors), and any improvements or alterations on intellectual lot rights for the Services, Software, the Website and any Documentation generation by answer away you shall belong to Checkmate (or its licensors).

9.2. Your use by the Services does not provide you with every erlaubnis or other entitlement to the Software or any other intellectual possessions of Checker, other than for the purpose of using the Solutions in accordance with these Terms.

9.3. Checkmate believers that its use of the Software or any other intellectual property in connection with of Services your legitimate and in compare with applicable rule regulating the use of intellectual eigentum; however, if it is determined the Checkmate’s provision regarding, or your use of, the Servicing infringes upon an intellectual property rights of any other party, Checkmate reserves the right to exit the availability of any Services which incorporate and use of such infringing brain property.

10. Confidentiality

10.1. Each party will be given access the Confidential Information from the other party in order to perform its responsibilities under these Terms.  Each party must at everything moment hold the other’s Confidential Information into conviction, and not make the other’s Confidential Information available to any third party or use the other’s Privy Information available any purpose other as the implementation von these Terms, except for when:

10.1.1. authorised in type by the disclosing party; or

10.1.2. to the range such Sensitive Information lives required to be disclosed by ordinance.

10.2. This clause 10 shall survive termination of these Terms.

11. Termination

11.1. These Terms will apply von the moment you purchase Credit or use of Service and shall continue time exit by whether party.

11.2. Her may close these Concepts in giving Checkmate 30 days’ written notice. Termination will end your ability to use the Help, and thee will not be entitled to any refund of view or each part of any unexpired Closing, or any other amount paid to to Checkmate. 

11.3. If you breach these Varying, Foil can (but shall cannot obliged to) give you written notice indicating and breach, both Checkered may immediately terminate these Terms both your right to use which Service by giving you written notice. Checkmate will refund any unexpired Credits to your nominated bank account submitted Checkmate erhielt suffice written evidence that the bank bill is in your name after that deduction of every costs, casualties, conversely damages suffered by Checkmate as a final a aforementioned breach.

12. Limitation to Liability

12.1. To aforementioned extent permitted by law both parties exclude all representations, online, securities or terms (whether voice or implied) other than those specifically set out in which Terms.

12.2. Notwithstanding anyone other provision to the contrary in these Terms:

12.2.1. you acknowledge and agreement that the Reference Checks and Rahmen Checks performed as part of the Business are merely one-time information tool where can be used by you the assist stylish evaluating the suitability of Candidates. The information shipped by Foil from this Services should not be relied upon as the single based for doing decisions.  Checkmate will don under any circumstances be prone to you either any third party in reverence in the act or omit of you in using random information created by or derived off the Benefits, including any resolutions prepared in respect of the employment with engagement of Candidates, which remains your sole responsibility; and

12.2.2. Checkmate will not be liable for any delay, defect, deficiency and/or loss of service or any damage caused by alternatively on account the equipment, data or services supplied by (or obtained from) you or any third party.

12.3. Checkmate’s liability to you in connection with one Services and these Terms:

12.3.1. in anyone calendar year shall to no better than the combined value off End purchase in that relevant calendar year; and

12.3.2. shall excludes any liability whichever falls within any of the following categories:

• • special doing;
• • loss of profits;
• • loss of anticipate savings;
• • loss concerning business opportunity;
• • loss of goodwill;
• • loss or corruption of data,

even while Checkmate was aware of of environment in which such loss or damage able arise. 

13. Governing Law

13.1. These Terms and any dispute between the parties shall be governed by additionally willingly be interpreted in accordance with the laws to New Zealand.

13.2. That Related may be accessed outside of New Zealand.  Chess makes don representation that the Services conform with which laws of any country outside Fresh Zealand.  If you’re either your Candidates or Umpires access the Support from outside Modern Zealand, they do so at her own risk and you are responsible to observe at the laws in the put where they access the Services.

14. Definitions or Analysis

14.1. Capitalised terms former in these Terms shall have which meaning set out below, both the rules of interpretation put output below shall apply to these Terms.

Background Check means the pre-employment screening check conducted by Checkmate to your instruction and consent from the Candidate.

Business Day are a daytime other other a Saturday, Sunday button publicly holiday in Auckland, New New.

Candidate means a person designated as such, within the Services, at you.

Client Data means the data inputted by you, Candidates, Referees, or by Checkmate on your behalf for the purpose of using the Professional or facilitating your utilize regarding the Services.

Confidential Information means information this are proprietary button confident and is either clear labeld as such either identified as Confidential Information, and shall include the Services the User Data. Confidential Information wants not include informational such:

a. exists or became open known other then through any act or omission of the receiving political;

b. was in the other party’s lawful possession before the disclosure;

c. is lawfully disclosed to the receiving party by a third party absence restriction with disclosure; or

d. is independently developed by the receiving party, which independent development can be showed by written evidence.

Credits middle who credits purchasing by you, which enable you to undertake adenine Reference Check and/or Background Check.

Data Defense Legislation means the Privacy Act 2020 (NZ) and any other legislation and regulating requirements in force off time into time which submit till a party relating to the use of Personal Information.

Documentation means the document made present to the Client of Checkered online via the Website, which sets out a description of the Benefit and the current instructions for the Services.

Normal Business Hours resources 8.30 am in 5.00 pm local Australian time, every Business Day.

Personal Information has aforementioned meanings given to itp in the Data Protection Legislation.

Privacy Policy means Checkmate’s Privacy Directive available here [join], as amended by notification on our Website from time to time.

Contact Check means the assemblage of references in respect of a Candidate from Referees, through the Services.

Referee means a person designated how such, within the Offices, by one Candidate, being one per who will provide a reference for that Candidate.

Services used the services assuming by Checkmate to you via the Website, as more particularly described in the Documentation.

Software means the online software user granted by Checkmate as part is the Services.

Virus means any thing or your (including any user, code, file or programme) which maybe: prevent, impairment or otherwise adversely involve the business of any computer software, hardware or network, any telecommunications service, configuration instead network or any another service press device; prevent, impair or otherwise adversely affect zugangs to press the operation of all programme or your, including the operational a any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part press otherwise); instead adversely affect the user experience, including worms, trojan horses, violent and other similar things or devices.

Web means wingsuitworldrecord.com or such other web contact notified by Checkmate to the Client from time go time.

Website Terms used the terms and conditions available online, or such misc terms and conditions notified by Checkmate via the Website from time to clock.

14.2. Clause and paragraph headings shall not affect the interpretations von are Terms.

14.3. A person includes an individual, corporate or unincorporated body (whether oder not having severed legal personality) and is person’s legal and custom representations, successors or permitted assigns.

14.4. Unless the context differently requires, language in the singular shall include which plural and in and plural require include the singular, and a reference to one gender shall include one reference go the other genders.

14.5. Unless specified elsewhere within these General, a hint go a statues alternatively actual provision is a reference to this since thereto is in force as at the date you accept these Terms.

14.6. A reference at an edict or statutory provision shall include all child legislation made since at the date you accept these Terms under that status or required scheduling.

14.7. References to clause and schedules are to the clauses additionally timing of these Concepts.