Individual Terms and Conditions
MyChecks Terms and Conditions for Individual Users
Last modified: 1 July 2020
MyChecks provides an online platform (the Website) for individuals to request their Criminal Conviction History from the Ministry of Justice (the Services).
The Services are provided by The Information Management Group (NZ) Limited trading as MyChecks of 33 Botha Road, Penrose, Auckland, NZ.
By using the Services, you agree to these terms and conditions. Please read them carefully.
You also agree that MyChecks may change these terms and conditions and advise you by email or provide notification on the Website.
Request for Services
MyChecks will not provide the Services to you unless you have provided to MyChecks (through the Website):
necessary proof of your identity (as stipulated on the Website)
a request for Services; and
any further information MyChecks may need to provide the requested Services.
By requesting the Services, you are appointing MyChecks as your agent for the purposes of providing to, and obtaining from, any third party any information that is necessary in order to perform the Services.
MyChecks may refuse to accept or execute any request.
Provision of Services
If MyChecks does not refuse your request, MyChecks will perform the Services you requested.
Please note that MyChecks performs the Services by making requests to organisations who supply information to MyChecks. If those third party suppliers do not release requested information promptly, your request will be delayed. MyChecks is not responsible for that delay.
MyChecks may change or discontinue the Services at any time without notice or liability to the Client, including access to any feature on the Website.
Each time you make a request for Services, you must pay MyChecks by credit card or other method approved by MyChecks in accordance with the fees set out on the Website.
Fees include GST, unless specified otherwise.
MyChecks may change the fees from time to time by updating the fee information on the Website. The new fees will apply to the Services ordered after the date of the fee change.
Cancellation of Services
MyChecks Services are in progress once an order is submitted and you have paid.
After this point, MyChecks is committed to incurring charges payable to third party suppliers and associated processing costs.
Unless exceptional circumstances apply, if you cancel a check after the check is in progress, no refund or credit will be provided.
If MyChecks has made ongoing efforts to complete the Services but remains unsuccessful for a period of 20 business days, then MyChecks reserves the right to cancel the order. No refund will be payable.
MyChecks is committed to respecting your privacy, and MyChecks confirms that it has strict processes and systems in place which ensure your personal information is kept confidential.
MyChecks will only use and disclose your personal information for the purposes for which it was collected.
Risk of loss
While all reasonable care is taken, MyChecks does not warrant nor accept responsibility for the accuracy of the information provided to it by third parties; nor for any delay by any third party in providing information requested by MyChecks.
You will indemnify, release, discharge and hold harmless MyChecks, its directors, employees, officers, contractors and agents from and against any and all losses, liabilities, damage, costs and expenses suffered or incurred by MyChecks arising out of:
any incorrect, inaccurate, incomplete or defective information you provide to MyChecks;
you carrying out or failing to carry out your obligations under these terms and conditions.
These terms and conditions are governed by and construed under the laws of New Zealand.