QC VerifY Terms & Conditions and privacy policy

1.0 APPLICABILITY OF THESE TERMS 

1.1  These terms and conditions apply to the use of the https://qcverify.co.nz/ website (the  

       “website”) and general terms and conditions.  

1.2  We may change these terms and conditions at any time by posting changes online. 

1.3   We use the phrase “these terms” to cover all these terms and conditions and any changes to  

        them. Please read these terms carefully before you start using the website and our services 

1.4   By using the website you agree to be bound to these terms. If you don’t accept them, you should  

        not use the website. 

2.0 IN THESE TERMS: 

2.1  “You” means the person accessing or using the website and “your” has a corresponding          meaning. 

2.2  “We” means QC Verify  Limited (“QC Verify ”) “our” and “us” have a corresponding  

        meanings.  

2.3  These are the Terms and Conditions governing the use of this Service and the agreement that  

 operates between You and the Company. 

2.4  These se Terms and Conditions set out the rights and obligations of all users regarding the use  

 of ours Services. 

2.5  Your access to and use of the Service is conditioned on your acceptance of and compliance with  

these Terms and Conditions.  

2.6 By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the Service. 

2.7  We reserve the right to alter and add to our terms and conditions as required. Any changes published will be effective immediately.  

2.8  You are responsible for ensuring that you are aware of the latest Terms and Conditions.

2.9  Please note that additional terms may apply to specific services or online tools provided             through the website. If the website links to any additional terms as well as these terms for a particular service or tool, you must read these terms and the additional terms together. If there  is any inconsistency between these terms and the services, then these terms will prevail. 

 

3.0 INTELLECTUAL PROPERTY RIGHTS 

3.1      We hold all copyright and other intellectual property rights in the website and all content on the  

            website, unless the content is identified as being the property of another party. 

3.2      You may reproduce (electronically or in hard copy) and use our content for your personal use  

           only. 

3.3      In all other circumstances you must get our written consent before reproducing or otherwise  

           using our content. If you wish to use any third-party content identified as such on the website   

           you must obtain the prior consent of the relevant owner. This includes content of websites you       

           access via links from the website. 

 

4.0 ACCESSING THE WEBSITE AND ITS CONTENT 

4.1 The website (and its content) is provided on an “as is” and “as available” basis.  

4.2   We reserve the right to withdraw or amend the website at any time and do not guarantee that the  

        website will be available to you at any time. 

4.3   The content of the website is obtained from various sources and is subject to change without    

         notice. We will try to make sure that the information on the website is accurate and up-to-date,  

         but do not guarantee that the content is reliable, accurate, or suitable for what you may want       

         to use it for. Before relying or acting on any information on the website, you should get   

         independent professional advice. 

  

5.0 HYPERTEXT LINKS 

5.1  The website may contain hypertext links to other websites that are not operated by us.  

5.2  These links are provided for your convenience only.  

5.3   We will not investigate or monitor links to other websites.  

5.4   You agree to click the link at your own risk. We are not responsible for the information contained  

        on any linked website and any such link should not be taken as endorsement of any other site or          

        products offered on that site. 

5.5   You are welcome to create a hyperlink to the website from another site owned by you. However,  

        this link must not be presented on your site in any way that implies that the website has an  

        association with your site or endorses your site or products.  

        Our name or any of our logos may not be used on your site without our written consent. If you 

        create a hypertext link to the website, you are responsible for all direct and indirect consequences of             the link. You indemnify us for all loss we suffer in connection with any link you have created. 

 

6.0 YOUR USE OF THE WEBSITE 

6.1   From time to time, we may restrict access to some parts of the website to users who have 

        registered with us. If you register and are provided with any user identification codes or   

        passwords, you must keep such codes and passwords confidential and must not disclose them   

        to any third party. 

6.2   You agree to use the website in a manner that complies with all applicable laws and regulations  

        and that does not infringe the rights of anyone else, nor restrict or inhibit their use and          

        enjoyment of the website. 

         In particular, you agree not to: 

         i. damage or harm the website, or any underlying or connected network or system; 

         ii. introduce any content or code to the website which is technologically harmful; 

         iii. upload or post any content on the website (or use the website to transmit any communication)      which is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of   privacy or otherwise objectionable. 

 6.3   We do not monitor comments made on, or content posted or uploaded to, the website. We  

        reserve the right to suspend or cancel your access to the website if we believe you have 

        breached any of these terms. You indemnify us from and against all losses arising from a result  

        of your breach of these terms. 

 

7.0 OUR LIABILITY 

7.1    We will not be liable for any loss or damage (direct or otherwise) you suffer in connection with 

         your use of the website or of any linked website or your use of, or reliance on, content contained  

         on or accessed through the website or any linked website.  

7.2     We also exclude any condition or warranty that could be expressly or implied into these terms  

          (but only to the extent that this is allowed by law). 

7.3     The Customer agrees and acknowledges that they are responsible to check if the  

           recommendations provided by QC Verify is suitable for their intended purpose and meets the  

           relevant NZ standards. 

7.4     Any express written warranties including any descriptions, representations, and statements  

          given by QC Verify  to the Customer as to the suitability of any products, services,     

             recommendations or otherwise expressed or implied, are specifically excluded to the fullest  

             extent permitted by law. 

7.5     To the fullest extent permitted by law, QC Verify  has no liability (whether statutory, in contract o 

             or tort  (including negligence’s, or otherwise) to the Customer or any of its agents or employees       

             for any physical or special damage, direct loss, indirect/consequential loss, economic loss of  

             any kind   (including loss of profits and expectation loss), any other loss or costs (including     

             legal costs). 

 

8.0 OUR SERVICES 

8.1   QC Verify is a verification company that specialises in examining contractors’ health and safety,  

        quality management, environmental management, staff training, legal obligations, and risk   

        management. 

8.2   The Customer acknowledges that they agree to providing all the required documentation  

         and/or information as requested by QC Verify. 

8.2   If required documentation and/or information is not provided to QC Verify then this may  

        mean QC Verify will not be able verify the Customer until all recommendations as advised  

        by QC Verify are followed by the Customer. 

8.3   The Customer further agrees and acknowledges that payment of services with QC Verify does 

        not automatically guarantee verification (QC verify will advise further requirements and/or  

        recommendation if needed for the Customer to be verified). 

 

9.0 SECURITY 

9.1      Information transmitted over the internet is inherently insecure. However, we have physical,  

           electronic and managerial processes in place to protect the information we collect via our                             

           website. 

9.2      Any information sent through the website is passed through a secure server using encryption  

           technology. All stored customer data is protected with secure passwords, unique identifier. 

           codes, user log-ons and other security procedures. 

9.3      You are responsible for taking all reasonable steps to: 

             i. prevent someone misusing or getting unauthorised access to your computer system or to any    codes or passwords you have to access the website, and 

             ii. ensure your computer system and data are free of viruses and other forms of corruption. 

10.0 PRIVACY STATEMENT 

10.1 We may collect personal information about you through the website if: 

           i. we are providing you services  

           ii. you are registering on the website to use any facility or online tool on the website 

           iii. you are submitting an application to work for us; or 

           iiii. you are posting any content or transmitting any messages on or through the website. 

10.2   In each case, we will only use this personal information for the purpose for which it was  

            collected. 

10.3   This includes the administration and evaluation of the website, improving our products and tools  

            and providing them to you and carrying out credit checks and verification of identity. It may also  

            include specific purposes notified to you on the website for specific products or tools. 

10.4    We may also collect personal information for a purpose required or permitted by the Privacy  

            Act 2020 or otherwise required or permitted by law. 

10.5     Where you have given us permission, we may use your information to provide you with  

            information about our business and products that we think might be of interest to you. 

10.6     If you ask us not to provide you with this information, we will comply with your request. We will  

            keep any personal information you provide secure and will not disclose it to any other parties  

            without your prior consent or as required or permitted by the Privacy Act 2020 or otherwise  

            required or permitted by law. 

10.7      If we consider that you have breached these terms or any applicable law we may provide  

               your personal details as we see fit to enable us or any third party to take court proceedings,

               enforce or apply our terms, or to protect any party’s rights, property or safety. 

10.8      We may record your visit to the website for analysis of site activity (such as the number of site  

             visitors, the date and time of visits, the number of pages viewed, navigation patterns, what country      users are from and what systems users have used to access the website and, when entering the website from another site, that site’s address). Some of this information will be gathered through the use of “cookies”. A cookie is a small text file placed on your computer’s hard drive or browser by a webpage server. If you want to disable these cookies, you may do so by changing the setting on your browser. However, if you disable cookies, you may not be able to use all of the functions on the website. Cookies from the website are not used to gather or allow the gathering of any personally identifiable information and are not used to track individual user activity around this site or around the internet. 

10.9      If you want to check or correct information that we hold about you, please write to our Privacy  

             Officer at info@QCverify .co.nz.  

10.10   Publication of email addresses on the website should not be taken as consent to receiving  

             unsolicited email. Persons or organisations wishing to send email material to individuals

             organisations whose email addresses appear on the website must comply with the requirements

             of the Unsolicited Electronic Messages Act 2007. 

 

11.0 PRIVACY ACT 2020 AND COLLECTION OF PERSONAL INFORMATION  

11.1  Further to clause 10.0, QC Verify  acknowledges its obligation in relation to the handling, use,  

         disclosure and processing of personal Information pursuant to the Privacy Act 2020 (“the Act”). 

11.2  QC Verify  acknowledges that in the event it becomes aware of any data breaches and/or  

         disclosure of the Client’s Personal Information, held by QC Verify  that may result in serious   

         harm to the Client,  QC Verify  will notify the Client in accordance with the Act. 

11.3 Any release of such Personal Information must be in accordance with the Act and must be  

        approved by the Client by written consent, unless subject to an operation of law.  

11.4  Privacy limitations will extend to QC Verify  in respect of Cookies where the Client utilises QC  

         Verify ’s website to make enquiries. QC Verify  agrees to display reference to such Cookies   

         and/or similar tracking technologies, such as pixels and web beacons (if applicable), such  

         technology allows the collection of Personal Information such as the Client’s: 

         i.  IP address, browser, email client type and other similar details; 

         ii.  tracking website usage and traffic; and 

         iii. reports are available to QC Verify  when QC Verify  sends an email to the Client, so QC Verify  may

              collect and review that information (“collectively Personal Information”) 

11.5  If the customer consents to QC Verify ’s use of Cookies on QC Verify ’s website and later  

         wishes to withdraw that consent, the Client may manage and control QC Verify ’s privacy     

        controls via the customer’s browser, including removing Cookies by deleting them from the   

         browser history when exiting the site. 

11.6  The Customer acknowledges and agrees  that QC Verify  (or QC Verify ’s agent) may collect,  

         hold and use information about or from you in connection with these Terms (including, name,  

         address, D.O.B, occupation, driver’s license details, any other suitable identification tools, social  

         media(Email, Facebook or Twitter details) credit card/payment details for the purpose of  

         marketing products and services to the Customer. 

11.7  Such information will only be used by QC Verify  in connection with your business relationship  

         with QC Verify , including but not limited to improving its relationship with you, promotional  

         purposes and   to protect its rights. 

11.8    The Client shall have the right to request (by e-mail) from QC Verify , a copy of the Personal  

           Information about the Client retained by QC Verify  and the right to request that QC Verify   

          correct any incorrect Personal Information. 

11.9    QC Verify  will destroy Personal Information upon the Client’s request (by e-mail) or if it is no  

           longer required unless it is required in order to fulfil the obligations of this Contract or is  

           required to be maintained and/or stored in accordance with the law. 

11.10  The Client can make a privacy complaint by contacting QC Verify  via e-mail. QC Verify  will  

            respond to that complaint within seven (7) days of receipt and will take all reasonable steps to  

            make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the  

            event that the Client is not satisfied with the resolution provided, the Client can make a  

            complaint to the Privacy Commissioner at http://www.privacy.org.nz. 

11.11    Publication of email addresses on the website should not be taken as consent to receiving  

             unsolicited email. Persons or organisations wishing to send email material to individuals or

             organisations whose email addresses appear on the website must comply with the requirements

             of the Unsolicited Electronic Messages Act 2007. 

 

12.0 DISPUTES RESOLUTION 

12.1  If there any question, dispute or difference arises between the parties concerning or arising out  

         of the interpretation or performance by any party of the provisions of these Terms, the parties     

         will make a genuine effort to resolve the question, dispute or difference without resorting to   

         litigation, using the procedures set out in these Terms.  

12.2  Both parties agree to first  resolve the dispute informally by good faith negotiations. 

12.3.  If the parties cannot resolve the dispute by good faith negotiations the party initiating the    

          dispute or difference (“the first party”) shall provide written notice to the other party or parties  

          (“the other party/parties”)  

12.4  If the parties are unable to resolve the question, dispute or difference by discussion and  

          negotiation within fourteen (14) days of receipt of the written notice from the first party, the      

          dispute shall be referred to Mediation. The Mediation shall in all respects be conducted in terms   

          of the LEADR New Zealand Incorporated standard Mediation Agreement.    

12.5   The Mediation shall be conducted by a Mediator in New Zealand at a fee agreed by the parties,  

          failing agreement between the parties, the Mediator shall be selected, and the mediator’s fee    

          shall be determined by the Chair for the time being of the LEADR New Zealand Incorporated. 

12.6  If the dispute remains unresolved fourteen (14) days after commencement of the Mediation, the  

        question, dispute or difference shall be referred to the arbitration of a single arbitrator to be    

        appointed by the parties or failing agreement to be appointed by the President for the time being  

        of the Arbitrator’s Institute of New Zealand Inc. Such arbitration shall be carried out in New  

        Zealand and in accordance with the provisions of the Arbitration Act 1996 or any statutory  

        modification or re-enactment for the time being in force.    

 

13.0 PAYMENT 

13.1  We require payment prior to QC Verify providing their verification services to you. 

13.2 Administrative fees of $80.00 apply for any late payments and interest at 8%  per  

annum calculated on a daily basis may also be charged on any amount owing from the date the amount was due for payment until the date of payment. 

13.3 Such interest shall accrue on any unpaid sums at such a rate after as well as before any judgment. 

13.4 If you default on payment of any invoice when due, you agree to indemnify us from and against all costs of collection and disbursements including legal fees on a solicitor/client basis. 

13.5 Payment must be made through either of the following methods: 

13.6 Direct Credit 

13.7 Any other method agreed to between you and us. 

 

14.0   GOVERNING LAW 

14.1    The website is governed by the laws of New Zealand. When you access the website, you  

           submit to the exclusive jurisdiction of the New Zealand courts.