Tenantcheck Terms of Service
1. Acceptance of Terms
By accessing and using the tenant checking service provided by Proper Technology Limited (“Service”), you acknowledge and agree to the following Terms of Service. If you do not agree with these terms, please refrain from using the Service.
2. Use of Service
2.1. To be eligible for using our services you must:
(a) be a landlord or property manager; and
(b) be 18 years of age or older; and
(c) be a resident in New Zealand; and
(d) be accessing and using Tenantcheck services for the purpose of assessing the creditworthiness and suitability of an individual as a Prospective Tenant or Guarantor; and
(e) have written authorization of the relevant Prospective Tenant and Guarantor to undertake a check on them; and
(f) only use the reports and information we supply to you for your personal or internal business use; and
(g) where you collect and provide a driver’s license 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’s license or passport; and
(h) not use the Tenantcheck 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; and
(i) not directly or indirectly access or use any Tenantcheck Services for the purpose of building, improving, or providing any product or service that competes with all or any part of the Tenantcheck Services or has similar features or functionality.
2.2. Tenantcheck strives to provide accurate information but does not guarantee the completeness or correctness of the content.
2.3. The Service may include searches for information provided by Ministry of Justice records, including Tenancy Tribunal orders. Tenantcheck does not alter the information obtained.
2.4. Users agree to receive communications, including news, offers, and promotional material, from Tenantcheck via email, phone, or mail. Users can withdraw consent at any time.
2.5. Tenantcheck operates in New Zealand, and all transactions are in New Zealand dollars (NZD). No refunds are provided once the tenant check has been run.
3. Privacy and Data Security
3.1. Tenantcheck is required to share data provided by you to undertake tenant checking and verification services as part of delivering services to you. Data is not shared for marketing purposes. For more details see the Tenantcheck privacy statement.
4. Privacy and authorization from a prospective Tenant or Guarantor
You must not use Tenantcheck services to obtain information about a Prospective Tenant or Guarantor without the authorization of the applicable Prospective Tenant and Guarantor in writing.
4.1 When you use any Tenantcheck Services or the information we give you, you must comply with the Privacy Act 2020 and all other laws.
4.2 Without limiting clause 4.1, you may only use Tenantcheck if the applicable Prospective Tenant and Guarantor has authorized you to:
(a) collect, retain and use their information for the purpose of assessing their creditworthiness and suitability for the tenancy; and
(b) disclose information about them, whether collected from them directly or from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit report (which will involve the credit reporting agency providing information about them to the Landlord/Property Manager); and
(c) They understand that the credit reporting agency may hold their information on their credit reporting database and use it for providing credit reporting services, and they may disclose their information to their subscribers for the purpose of credit checking or debt collection; and
(d) as part of providing a credit report, may check the Ministry of Justice fines database for any overdue fines they may have.
4.3 You must retain a record of each authorization for a period of 6 years and provide it to us if we ask you to.
5. Charges and Payment
5.1. Users must pay applicable charges and fees for the Service in advance unless otherwise agreed in writing.
5.2. If you are given a due date for payment and you do not pay us by this date, all amounts you owe Proper Technology Limited will become immediately due and payable, we may immediately cease providing any 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.
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.
6.1. While we always aim to provide quality services and information, we do not guarantee that the services and information available on the Website and in reports will be accurate or continuously available. You acknowledge that we do not control the information links and infrastructure required to provide Tenantcheck Services and that we do not independently check all information supplied to us, or the compilation of information by our systems.
6.2 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. We will not 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.
7. Limitation of liability
7.1 To the extent permitted by law, Tenantcheck and Proper Technology 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 Tenantcheck Services, including the use or inability to use the Website or any information contained on the Website or supplied or collected by Tenantcheck.
7.2 Tenantcheck and Proper Technology do not warrant the reliability, availability, accuracy, completeness or timeliness of information on the Website or provided by Tenantcheck, including any Credit Reports obtained on your behalf from credit agencies. We are not liable to you for the accuracy of information we have received from third parties or publicly available information and all information we provide is provided “as is” without warranty of any kind, express or implied.
7.3 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 Tenantcheck Services that gave rise to the relevant claim; or
(b) resupplying the relevant Tenantcheck Services.
7.4 You must not make a claim against Tenantcheck or Proper Technology Limited if you have not notified Tenantcheck of the claim within one month of the act or omission that gave rise to the claim.
You indemnify Tenantcheck and Proper Technology Limited 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 Terms of Service Agreement.
9. Contact Information
For questions or assistance, contact Tenantcheck at email@example.com
This Terms of Service and any disputes arising out of or in connection with this Terms of Service, including any non-contractual disputes or claims, shall be governed by and construed under the laws of New Zealand. The parties irrevocably agree that the courts of New Zealand shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Terms of Service, including any non-contractual disputes or claims.
Last updated: 2 January 2022