Terms & Conditions

These Terms were most recently updated on January 20 th 2020.

This website is operated by Checkmate Technology Limited, New Zealand (New Zealand Business Number: 9429046324467), Checkmate Technology Pty Ltd, Australia (ABN: 87-634-712-986), Checkmate Inc (United States), (referred to as “Checkmate”, “we”, “us” or “our”).

These Terms and Conditions govern your access to and use of Checkmate.tech website. By accessing or using this website, you agree to be bound by these Terms. You may not use this website if you do not accept these Terms.

Other Terms Apply

If you use the services available on this website then the Checkmate Software License Agreement, Candidate Consent Statement and/or Referee Consent Statement will apply when you use our Services.

The terms our Privacy Policy and Checkmate Cookies Policy also apply to your use of our website.

Please refer to Checkmate's Deletion and Retention Policy.

We May Make Changes

We amend these Terms from time to time. Every time you wish to use our website, please check these Terms to ensure you understand the Terms that apply at that time.

We may update and change our website from time to time to reflect changes to our Services, our users needs and our business priorities.

We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Intellectual Property

This website contains intellectual property which is owned by or licensed to us and is protected by New Zealand and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the website. You obtain no interest in any of that intellectual property.

You must not breach any copyright or intellectual property rights connected with this website. This includes but is not limited to:

(a) altering or modifying any of the code or the material on this website;

(b) causing any of the material on this website to be framed or embedded in another website; or

(c) creating derivative works from the content of this website.

User Content

This website may include information and materials uploaded by other users of the website, including through our Services (“User Content”). Any User Content has not been verified or approved by us, and are not responsible for and will not accept liability for any User Content. The views expressed by other users on our website and Services do not represent our views or values.

If you wish to complain about any User Content please contact us at info@checkmate.tech

We reserve the right to amend or delete or not display any and all User Content.

We do not:

(a) warrant the identity of any user; or

(b) provide any guarantees in relation to the accuracy, quality or integrity of any User Content, and whilst we reserve the right to monitor all content and information exchanged via this website, we do not have any obligation to do so.

Uploading User Content

When you add User Content to this website or make use of a feature that allows you to make contact with any other user of the website, you must comply with the standard of our Acceptable Use Policy set out in Schedule 1 of these terms.

You warrant that your User Content complies with those standards and that you have all necessary rights to post the User Content, and you will be liable to us and indemnify us for any breach of these warranties. This means you will be responsible for any loss or damage we suffer as a result of your breach of these warranties.

When you upload User Content you:

(a) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the User Content in any way and permit us to authorise any other person to use the User Content in any way; and

(b) you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any User Content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

Information

Any information made available on this website, including any User Content, recommendations, statements and opinions contained on this website (“Information”), is for general information purposes only. The Information does not take into account your specific circumstances and any reliance you place on the Information is at your own risk.

We make no representations, warranties or guarantees, whether express or implied, that the Information is accurate, complete or up to date, and are not responsible for any errors or omissions in the Information.

Accounts

If you open an account on this website, you are responsible for:

(a) Providing us with accurate and complete information

(b) keeping the username and password to your account confidential; and

(c) all activities which occur under your account.

We have the right to disable any username or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

You must notify us immediately if you know or suspect any unauthorised access of your account by sending an email to info@checkmate.tech

Personal Information

We will only use your personal information as set out in our Privacy Policy.

We reserve the right to disclose your identity to any third party who is claiming that any User Content uploaded constitutes a violation of their rights, including intellectual property rights or their right to privacy.

SMS/Text Communications

By opting in to receive SMS/text messages from Checkmate, you agree to the following terms:

1. ‍Brand Name: You are subscribing to SMS updates from Checkmate.‍
2. Message Frequency: Messages will be sent each time you initiate a check on a candidate.‍
3. Product Description: Messages may include links for Candidates and References to complete their details.‍
4. Customer Care: For assistance, please contact us at team@checkmate.tech, or reply "HELP" to any message.‍
5. Opt-Out: You may opt out at any time by replying "STOP" to any SMS. After opting out, you will no longer receive SMS messages. Re-subscribe reply back "UNSTOP."‍
6. Message and Data Rates: Standard message and data rates may apply as determined by your mobile carrier.‍
7. Authorization and Consent: By subscribing, you confirm that you are the authorized user of the provided mobile phone number and agree to receive SMS communications from Checkmate.‍
8. Disclaimer: Checkmate is not responsible for delays or failures in SMS delivery caused by factors outside our control, such as mobile network issues or technical problems with your carrier.
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Third Party Links and Websites

This website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us, these links are provided for your information only. We do not endorse, sponsor or approve any such third-party sites, information, materials, products, or services.

If you access any third party website, service, or content via this website, you do so at your own risk. We will have no liability arising from your use of or access to any third-party website, service, or content.

Linking to Our Website

You may link to our home page but not any other part of our website without our express written permission, provided:

(a) the website in which you are linking complies in all respects with our Acceptable Use Policy set out as Schedule 1 of these Terms;

(b) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;

(c) you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; and

(d) you only establish a link to our website on a website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

Disclaimers

This website is provided to you without warranties, express or implied, except as set out in these Terms, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

We do not warrant that:

(a) this website will meet your requirements;

(b) the Information is accurate or reliable;

(c) this website or your access to this website will be completely error free;

(d) this website or the server which stores and transmits material to you are free of viruses or any other harmful components; or

(e) this website will operate on a continuous basis or be available at any time.

We will not be liable for any direct or indirect losses in connection with your use of, or inability to use, the software.

You are responsible for configuring your information technology, computer programmes and platform to access our website. We have no responsibility for any damage to your computer system or loss of data that results from the download of any Information, User Content or any other content made available to you via this website. Any content, materials or information downloaded or otherwise obtained through the use of this website is done at your own discretion and risk.

Limitation of Liability

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from:

(a) your access to or use of or inability to access or use this website;

(b) any conduct or content of any other user or third party; or

(c) unauthorised access, use or alteration of your User Content.

If we are not able to exclude liability, our aggregate liability for all claims relating to this website will not exceed one hundred New Zealand dollars (or equivalent).

Indemnity

You agree to defend and fully indemnify and hold us and our affiliated companies (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

(a) your use of or access to this website;

(b) any breach by you of these Terms; or

(c) any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive the termination or deactivation of any account you may open on this website.

Governing law

These Terms are governed by and will be interpreted in accordance with the laws of New Zealand.

This website may be accessed outside of New Zealand. We make no representation that this website complies with the laws of any country outside New Zealand. If you access this website from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.

Schedule 1: Checkmate Acceptable Use Policy

This Schedule 1 (“Policy”) sets out the content standards that apply when you upload User Content to our website, make contact with other users on our website, link to our website, or interact with our website in any other way,

Prohibited Uses

You may use our website only for lawful purposes. You may not use our website:

(a) in any way that breaches any applicable local, national or international law or regulation;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in this Policy;

(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;

(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

(g) stalk or harass any other user of this website;

(h) engage in any screen scarping or data acquisition or consolidation; or

(i) advocate, encourage or assist any third party in doing any of the foregoing.

You also agree:

(a) not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these Terms; and

(b) not to access without authority, interfere with, damage or disrupt any part of our website, equipment or network on which our website is stored, software used in the provision of our website, or any equipment or network or software owned or used by any third party.

User Content Standards

These content standards apply to any User Content you contribute to our website. User Content must:

(a) be accurate (where it states facts);

(b) be genuinely held (where it states opinions); and

(c) comply with the law applicable in the country from which it is posted.

User Content must not:

(a) be defamatory, threatening, abusive, obscene, offensive, hateful or inflammatory;

(b) promote violence or any illegal activity;

(c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(d) infringe any copyright, database right or trade mark of any other person;

(e) be likely to deceive any person or impersonate any person, or misrepresent your identity or affiliation with any person or entity;

(f) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or

(g) give the impression that the User Content emanates from another person or entity, if this is not the case.

We will determine, in our discretion, whether any User Content breaches these standards.

Use of Brand

By using Checkmate you are granting us permission to use your Brand in our advertising materials, you represent and warrant that you have the necessary authority and rights to provide such consent. You understand and agree that your consent allows us to use your Brand in various advertising channels, including but not limited to print media, online platforms, social media, television, radio, and any other medium deemed appropriate by us.

Non-Endorsement:
You acknowledge and agree that using your Brand in our advertising materials does not constitute an endorsement, sponsorship, or affiliation between your company and ours unless otherwise agreed upon in a separate written agreement. Your Brand's presence in our advertisements is solely for promotional purposes and does not imply any official partnership or association.

Accuracy of Information:
While we make every effort to ensure the accuracy of the information presented in our advertising materials, we cannot guarantee the complete absence of errors, omissions, or inaccuracies. You acknowledge and agree that we shall not be held liable for any damages or losses arising from any errors, omissions, or inaccuracies related to the representation of your Brand in our advertisements.

Indemnification:
You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from or related to the use of your Brand in our advertising materials. This includes but is not limited to, claims of intellectual property infringement, defamation, or violation of any rights of a third party.

Termination of Permission:
Either party may terminate the permission granted herein for the use of the Brand in advertising materials at any time by providing written notice to the other party. Upon termination, we will make reasonable efforts to remove your Brand from future advertising materials. However, we cannot guarantee the immediate cessation of ongoing campaigns or the recall of already published materials.

Breach of this Policy

When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Policy constitutes a material breach of these Terms, upon which you are permitted to use our website, and may result in our taking, at any time, all or any of the following actions:

(a) withdrawal of your right to use our website and/or of any User Content uploaded by you;

(b) issue of a warning to you;

(c) legal proceedings against you, including for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or

(d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

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