Terms and Conditions
2. Police Checks may revise the Terms at any time without notice to you. The revised Terms will be effective when posted to the Website. Notwithstanding the foregoing, Police Checks will provide notice of any revisions that may substantively impact or restrict your use of the Website and/or Services.
3. You agree to pay Police Checks for each logged Service request at the rate provided to you or as available to you through the Website (the “Fees”). Fees shall be payable in advance by credit card.
4. You agree to use the Services in accordance with the Terms and all applicable local, provincial, and federal laws, rules, regulations, and requirements, including, but not limited to privacy legislation, consumer and credit reporting legislation, and data protection legislation (“Applicable Laws”).
5. By requesting a Report, you agree that: a. you are the age of majority in your jurisdiction, b. you have the right and authority to provide the information submitted to Police Checks in connection with the Services; c. you have only disclosed information that is true, accurate and not misleading (including by omission) and nothing you have submitted is known by you to be false, inaccurate, or misleading; d. you are the individual who the information relates; and e. such information would not infringe any legal obligation that you may have to any third party, including under laws related to copyright, trademark, patent, trade secret, confidentiality, notice period, restrictive covenant, non-competition or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party.
6. You agree not to access or use the Website for any unlawful purpose or for any other purpose other than that for which Police Checks makes it available. You acknowledge that you shall not: a. transmit data that is illegal, harmful, threatening, insulting, disturbing, injurious, obscene, defamatory, unacceptable from a discriminatory perspective; b. violate any of our intellectual property rights; c. unlawfully gather information about others; d. use any information obtained from the Website in order to harass, abuse, or harm another person; e. attempt to impersonate another user or person or use the username of another user; f. publish or otherwise transmit any malicious software or other computer codes, files or programs designed to interrupt, disrupt or restrict the operation of our Website, our computer software, hardware, telecommunications equipment or to disrupt the normal transactions onto our Website; g. use any robot, spider, offline reader, site search, retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the structure or presentation of the Website, its contents, or any processed data; h. make improper use of our support services, submit false requests, or make any speculative or fraudulent background request orders; i. modify, adapt, sub-license, “frame”, “mirror”, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website or Services thereto; j. perform any actions which would target testing the security or the vulnerability of our Website, our computer software, hardware and telecommunications equipment; k. use, or attempt to use, the Website for unauthorized purposes; l. use the Website for the benefit of any third party without Police Checks’ prior written permission; m. create derivative works based on the Website or use the Website to develop a competitive product offering; or n. modify, remove, or obscure any copyright, trademark, patent or other notices or legends that appear on the Website.
7. You may browse the Website and view content without using the Services, but as a condition to using certain aspects of the Website, you may be required to register and select a password and username (such credential shall hereinafter together be referred to as “User ID”). By registering on our Website, you understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your User ID. By using our Website, you represent and warrant that: a. all registration information you submit will be true, accurate, current, and complete; b. you are solely responsible for the activity that occurs under your account and for maintaining the confidentiality of your account, username, and password; c. you will not access our Website through automated or non-human means, whether through a bot, script, or otherwise; and d. you will not transfer or resell your access to the Website to any third party.
Disputes, Corrections, Deletions
9. Further, following receipt of your Report, you can dispute the accuracy or completeness of the results by contacting us at the information provided below. Police Checks will, within a reasonable time, use its best endeavors to confirm or complete the information and correct, supplement or delete the incorrect or incomplete information in accordance with good practice and with the cooperation of our police partners.
10. By using the Services you warrant that you have agreed to transact electronically through the Website. You agree that an electronic signature is the legal equivalent of a manual signature. You further warrant that the use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes a valid signature as if actually signed in writing. You also warrant that no certification authority or other third-party verification is necessary to validate an electronic signature, and that the lack of such certification or third-party verification will not in any way affect the enforceability of the electronic signature. After authorizing the use of your electronic signature, you may still withdraw your consent by reaching out to [email protected]
11. If you wish to obtain a paper copy of the forms you sign via this Website please reach out to [email protected].
12. At your sole discretion, you may choose to take advantage of certain services offered through the Website that are created, offered, supported and maintained by third parties (“Third-Party Developers”) unaffiliated with Police Checks or its affiliates (collectively, “Third-Party Services”). Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that: (a) you access or deploy Third-Party Services through the Website at your sole discretion; (b) you should read the terms and conditions and privacy policies associated with any Third-Party Services which govern your use of such Third-Party Services; and (c) Police Checks does not own or control Third-Party Developers or the Third-Party Services.
13. Police Checks does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any Third-Party Services. You agree that you bear all risks associated with using or relying on Third-Party Services.
Intellectual Property and Limited License
14. All intellectual property rights related to the Website and Services shall be owned by Police Checks absolutely and in their entirety. These rights include database rights, patents, copyrights, trademarks (whether registered or unregistered), trade dresses, trade secrets, design rights (whether registered or unregistered) know-how, mask works, moral rights, and all similar rights that may exist now or later in any jurisdiction, including without limitation any applications and registrations for the foregoing, and the Police Checks name, logos, designs, domain names, graphics, icons, scripts, service marks, features, functions, text, graphics, button icons, scripts, service marks, images, software, data compilations and other distinctive brand features, and the compilation and organization thereof (collectively, “Intellectual Property Rights”). The Intellectual Property Rights are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, international copyright laws, and international conventions. Except as expressly set out in these Terms, no part of the Website and no content may be copied, reproduced, republished, downloaded, uploaded, posted, publicly displayed, or distributed in any way to any other site, computer, mobile device, server, or other mode for publication or distribution or for any commercial enterprise, without Police Checks’ explicit prior written consent.
15. Subject to these Terms, Police Checks grants you a worldwide, limited, revocable, non-exclusive license to access and use the Website and Services as they are provided to you by Police Checks for your personal, non-commercial use only. The license is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Police Checks’ prior written permission, which it may withhold in its sole discretion. You acknowledge that Police Checks is the owner and licensor of the Intellectual Property Rights and that your use of the Intellectual Property Rights confers no additional interest in or ownership of the Intellectual Property Rights. Violation of any provision of this license may result in immediate termination of the license, in Police Checks’ sole discretion.
16. We may invite you to chat or participate in blogs, online forums and other functionality and may provide you with the opportunity to create, submit, publish, or broadcast content and materials to our Website and/or to or via the Website, forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or other material (collectively "Contributions"). Any Contributions you transmit to Police Checks will be treated as non-confidential and non-proprietary.
17. The Website and the Services are provided on an “as is” and “as available” basis. Police Checks expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Website and all content provided on, or through, the Website. Police Checks makes no warranty that: (a) the Website or Services will meet your requirements; (b) the Website and Services will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or Services, or any content provided on or through the Website, will be accurate or reliable; or (d) any content obtained by you on or through the Website and use of the Services will meet your expectations.
18. You acknowledge that: (i) the Website uses the internet for data transfer and internet-connected servers to store background information, sometimes with third-party providers, using industry standard security measures; and (ii) no security measures are 100% effective. As such, Police Checks makes no representations or warranties regarding the security of the background information.
19. Any information released by Police Checks (including but not limited to the Reports) shall in no way be construed as Police Checks’ opinion. Information resulting from the Services merely reflects a recording of information received by Police Checks from its police partners and as such Police Checks accepts no liability for any opinions, recommendations, forecasts, comments made, or actions and decisions taken in reliance on such information.
20. You agree to indemnify and hold harmless Police Checks, its officers, directors, employees and agents from and against any and all third-party claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to, or arising out of, any information you disclose to Police Checks, your violation of these Terms, or your violation or infringement of any third-party rights, including intellectual property rights.
21. TO THE MAXIMUM EXTENT PERMITTED BY LAW, POLICE CHECKS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES (INCLUDING LOSS OF REVENUE OR PROFITS) ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY OR ERROR IN THE CONTENT, EVEN IF POLICE CHECKS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POLICE CHECKS CUMULATIVE AND AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS YOU ACTUALLY PAID DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM, UP TO A MAXIMUM OF $1,000 USD. RECOVERY OF THIS AMOUNT IS YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER AND THE PARTIES AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE THEORY OF LIABILITY. THE PARTIES AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY UNDER THIS SECTION CONSTITUTE A FUNDAMENTAL BASIS OF THEIR BARGAIN.
22. Some jurisdictions do not allow the disclaimer or exclusion of certain warranties of the disclaimer, exclusion, or limitation of certain liabilities. To the extent that they are held to be legally invalid, disclaimers, exclusions, and limitations set out in these Terms do not apply and all other terms will remain in full force and effect.
23. If we are reasonably of the opinion that a fraudulent order has been made, or if Police Checks discovers that you have breached these Terms or are acting in violation of Applicable Laws, Police Checks shall be entitled to cancel any Service requests made by you without refund, restrict you from future use of the Services, and inform the relevant individual (if applicable) and the competent authorities.
24. You agree that Police Checks will not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Website or the Services.
25. The failure of Police Checks to exercise or enforce any rights or provisions in these Terms will not constitute a waiver of such right or provision.
26. If any part or provision of these Terms is found to be unenforceable, such part or provision may be modified to make the Terms as modified, legal and enforceable. The rest of the Terms will not be affected.
27. All matters relating to the Services and your access to, and use of, the Website and content provided on or through the Website, will be governed by the laws in the province of British Columbia and the federal laws of Canada applicable therein.
28. In the event that any of the provisions in the Terms are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of the Terms
29. The Terms do not create any relationship of association, partnership, joint venture, or agency between you and Police Checks.
30. Police Checks will not be responsible for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, pandemic, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.31. If you have any questions about these Terms you can contact customer support via email sent to [email protected].