The 3rd Degree

OVERVIEW

The 3rd Degree is the Trade Name of Comprendé Systems Limited (The 3rd Degree), Company No. 6958714, has agreed to provide you the Client with services, being identity, verification confirmation of address where possible, credit report information, confirmation of criminal convictions if applicable, confirmation of Drivers’ Licence status of a prospective employee/applicant.   You the Client, by utilising this website, agree to accepting the terms and conditions of this agreement (the Agreement).

1. BACKGROUND
   1. The 3rd Degree provides its Clients with information on prospective employee/applicants.  Such information may include proof of identification, verification of address, a credit check, verification of any criminal record, confirmation of driver’s license status and other information that the Client may have requested. 
   2. The Client requests The 3rd Degree to provide an array of information including credit information, criminal background history if applicable, proof of address, confirmation of Identity, confirmation of drivers’ licence status where available. 
   3. The 3rd Degree agrees to providing Services to the Client subject to the terms and Conditions as contained within this Agreement.
   4. The Client acknowledges and confirms that The 3rd Degree does not retain or archive Data and deletes all data upon the Applicant’s data being provided to the Client.

IT IS AGREED

1. DEFINITIONS

In this Agreement (including the background):

1. The Applicant means an individual who may be a prospective employee/applicant who has agreed to have his or her identity verified by The 3rd Degree, and has agreed to provide their credit information, criminal history, drivers’ licence status to the prospective employer, (being the Client).
2. Agreement means Terms and Conditions that form the relationship between the Client (the Client) and The 3rd Degree.
3. Approving Organisation means a government department, such as Ministry of Justice, NZ Transport Agency, or any entity that The 3rd Degree may decide to utilise to secure the information required;
4. Business Day means a day that is not a Saturday, Sunday or public holiday in New Zealand;
5. Commencement Date means the date on which the Client has become registered for the provision of services by The 3rd Degree, or the date in which the services are first utilised;
6. Contract means the contract between The 3rd Degree and the Client, which enables the Client to access the services of The 3rd Degree; 
7. Credit Check means any credit appraisal or credit score provided by any third party, such as Centrix. 
8. Data means any Identity data captures, passport, driver’s license details, credit check, credit scoring information, bank statements, all such information means data.
9. Report means the report provided to the Client which includes Proof of address, credit check, Ministry of Justice files where applicable and Drivers Licence status when applicable (or part thereof);
10. A Report means a Report provided to the Client by The 3rd Degree in part or in full;
11. On-boarding Software  means the software that the Applicant receives in the form of a text in order to on-board and provide their identity, credit information to The 3rd Degree on behalf of the Employer; 
12. Personal Information means information about an identifiable individual (the Applicant) in accordance with the Privacy Act 2020.
13. Website means www.the3rddegree.co.nz, being the marketing website of The 3rd Degree.
14. The Client Organisation means organisations that provide credit information such as Centrix.
15. The Client means the commercial client of The 3rd Degree.
16. Client is the entity that has engaged the services Comprendé Systems Limited trading as The 3rd Degree.

1. TERM
   1. The Term of this Agreement is for a five-year period but either party may terminate this Agreement by providing 90-days written notice. 
   2. All obligations of confidentiality and privacy survive termination of this Agreement in all respects. 
2. REPORTING SERVICES
   1. The 3rd Degree operates www.the3rddegree.co.nz (website), which provides to its Clients certain information on prospective employee/applicants.  The Client undertakes that it will provide accurate information pertaining to the identity of a prospective Applicant, namely name, address, date of birth.  The Client authorises and requests The 3rd Degree  to complete credit checks, verification of identity, a search of the Ministry of Justice database, ascertaining confirmation of the Applicant’s NZ Transport Agency drivers licence status and providing such a report to the Client. 
   2. The Client registers as a Client by providing commercial information to The 3rd Degree, as well as providing Credit Card details for charging purposes.

a.    Alternatively, the Client (client) may have applied for an account.  In that event, The 3rd Degree will notify the Client that an account has been set up so in turn it can access the dashboard and start using the data services.  In the absence of such notification, the default means payment is by way of Credit Card. 

b.    For Clients that have had an Account approved, they will be provided with an invoice at the end of each consecutive month.  Payment must be made by the 14^th that month in any event.

1. When the Client wishes to complete a Report, they will enter the mobile phone number for the Applicant into The 3rd Degree dashboard. This will trigger an SMS (text message) to be sent to the Applicant's mobile phone with instructions to complete the date capture transaction.
2. The text message (SMS) will be valid for as long as the link is activated, and the Report is completed by the Applicant. The Report will be Pending within the Client’s Dashboard until the Report has been completed by the Applicant.
3. The 3rd Degree will notify the Client via email when a Report is completed.
4. On completion of the Report, The 3rd Degree will provide the Client with a Report, which will be available for review and download via PDF for up to 7 days, following which it will be deleted.
5. The Client may review the Report results on The 3rd Degree dashboard.  This will include identity verification results, credit report, criminal history when available, and confirmation of driver’s license status when applicable. Once the Report has been downloaded or provided to the Client, that information (Report) is then deleted from The 3rd Degree System.
6. If a Report result fails, the Client will be able to review the results and if necessary, resend the SMS to the Applicant to repeat the process. The Client may also review the results and assess where the failure occurred. If the Client is reasonably satisfied that the Report results are accurate, they can leave notes to this effect and download the file for auditing purposes.  It is the Client’s discretion which notes they consider to be appropriate to their circumstances to be added to their own files.
7. If The 3rd Degree cannot successfully complete a Report, where the Applicant is unable to produce a valid form of ID, the Client will be responsible for reviewing the Pending Reports and encouraging the Applicant to complete the on-boarding.
1. CLIENT OBLIGATIONS
   1. The Client will provide full name, address and date of birth of the Applicant and the Client Number / Reference Number on every occasion. 
   2. After reviewing the Report, the Client must ensure that they are fully satisfied with the information received, including the identity of the Applicant and all subsequent information provided. 
   3. The Client is responsible for the accuracy of all the information that it provides to The 3rd Degree.
   4. The Client is responsible for providing accurate information pertaining to the Applicant, such as name, address, date of birth.
   5. The Client is obligated to carry out their own due diligence and risk assessment and are solely responsible for the commercial/employment decisions that they make. 
   6. The Client appoints The 3rd Degree as its Agent, with full authority to acquire the information as requested and provide such information (Reports) to the Client. 
2. FEES
   1. As per Schedule 1, the Client agrees to pay The 3rd Degree for each Report provided at the rate as outlined in Schedule 1. 
3. WARRANTIES
   1. The 3rd Degree will provide a Report with due care and skill in accordance with this terms and conditions of this Agreement.
   2. The 3rd Degree does not guarantee that the successful completion of a Data Report eliminates the possibility of identity fraud.
   3. The Client acknowledges that the Data Services are not intended to decisively prove the identity of an Applicant and should be reviewed before being approved.
   4. The 3rd Degree does not warrant that the use of the Website will be uninterrupted or error free.
   5. As The 3rd Degree is the appointed Agent of the Client, the Client in every instance must satisfy themselves as to the identity of the Applicant, the credit position and worthiness of any Applicant.  The Client must satisfy themselves as to the prudence of any employment decisions, inclusive of the analysis of the background of the Applicant. 
4. LIABILITY
   1. The 3rd Degree acts as the Client’s Agent in carrying out and providing reporting services to the Client.  The 3rd Degree has no obligation or authority to:
      1. assume any obligation in the name of or on behalf of the Client; or
      2. enter into any contract, arrangement or other commitment or incur any obligation on behalf of the Client other than the authority to obtain the information as required in order to fulfil the objectives as outlined within this Agreement.
   2. In no circumstances will The 3rd Degree have any liability to the Client for any indirect, consequential, special or exemplary losses, damages, costs or expenses (including any loss or revenue, loss of goodwill, loss of data or loss of opportunity) and even if such losses, damages, costs and/or expenses were reasonably foreseeable by The 3rd Degree.
   3. The 3rd Degree’s liability to the Client in connection with this Agreement will be reduced to the extent that any act or omissions of the Client contributed to the loss or damage suffered by the Client.
   4. To the extent permitted by law:
      1. the liability of The 3rd Degree to the Client for all causes of action arising in connection with this Agreement shall not exceed the lesser of (1) the actual loss or damage suffered by the Client; or (2) the amount of cover provided by The 3rd Degree’s professional indemnity insurance;
      2. all statutory or implied representations and warranties are excluded;
      3. The 3rd Degree’s total liability for any loss or damage is limited, at The 3rd Degree’s option, to resupplying the relevant Data Service or paying to the Client the cost of supplying that Data Service.
   5. This clause will survive the termination of this Agreement and Contract.  The Agreement is the Terms and Conditions for the use of the website, the Contract is the executed Service Agreement between the Parties.
5. PRIVACY
   1. The 3rd Degree will only use Personal Information obtained from an Applicant or the Client in order to provide the Data Services.
   2. Each party will comply with the requirements of the Privacy Act 2020 and The 3rd Degree Privacy Policy, in respect of any Personal Information to which it has access or which it collects or stores in the course of exercising rights or fulfilling its obligations, under this Agreement.
   3. Information on how The 3rd Degree stores and collects Personal Information, as well as the rights to access, amend and delete this Personal Information, is set out in The 3rd Degree Privacy Policy on the Website.
   4. The Client acknowledges that any responsibility for the provision of information to the Client’s Applicant falls upon the Client in any event, as The 3rd Degree will be under no obligation to retain any information as all information, other than name, address, date of birth, and The 3rd Degree’s Client Number will be deleted and not retained. 
   5. Both the Client and the Applicant instruct and request that the Applicant’s data will automatically be deleted after 21 days, or sooner at the discretion of The 3rd Degree. 
6. DEFAULT AND TERMINATION
   1. Either party may terminate this Agreement for one of the reasons set out in the Contract.
   2. On termination of this Agreement:
      1. Each party will return to the other property belonging to that other party;
      2. The 3rd Degree will terminate the Client’s access to the Reporting Service;
      3. The Client’s obligation to make payments accrued prior to termination will survive termination;
      4. The Client will cease to have any further rights under this Agreement.
7. supply of services
   1. You must only use our services and the information obtained from our services for the purposes of your internal business use and only in accordance with all laws and regulations.  You understand that we will not provide you services if we reasonably believe that we are not permitted to by any law or regulation or by any agreement we have with a third-party supplier of information. 
   2. You must not disclose the information supplied as part of our services to any third party except to the extent as required by law and you must not resell the information.  You must not reproduce, copy or re-use the information except as reasonably required for your internal business use.  All copyright and other proprietary notices, symbols and clauses of The 3rd Degree must be affixed to any information reproduced, copied or re-used, whether in printed form, magnetic or any other media. 
   3. Before you provide us with information or use our services you must obtain all applicable consents and authorisations, which must be freely given and informed, and in accordance with the Privacy Act 2020 (NZ) and any other applicable laws. 
   4. You agree that whilst we will take all care in providing our services, to the extent permitted by law, we will not be liable in any way whatsoever for the information supplied as part of providing our services.  You use our services at your own risk, and you are responsible for the assessment and evaluation of the information we provide as part of our services. 
   5. To the extent permitted by law, in no circumstances will we be liable to you or to any third party for any special, indirect, consequential, loss of profit, loss of revenue, loss of business, loss of data or punitive losses or damages suffered by you or any third party arising out of or in connection with this agreement, or the supply of services to you, including in contract, in tort (including negligence) or equity or in statute. 
   6. Neither of us will be liable for any amounts or default to the extent they are directly attributable to an event beyond the party’s reasonable control.  This does not include a lack of financial resources (including non-payment of any kind whatsoever) or disputes and /or problems with a party’s resources or industrial disputes.
   7. Notwithstanding any other clause in this agreement and to the extent permitted by law our maximum liability to you for any losses, damages, costs or for any claims howsoever arising out of or in connection with this agreement or the supply of our services to you is an amount equal to twelve times the average monthly price charged in the three months preceding the first event giving rise to any such loss or damage. 
   8. You agree that you are acquiring our services for the purposes of a business and that the provisions of the Consumer Guarantees Act 1993 do not apply. 
   9. You indemnify The 3rd Degree, being the Trade Name for Comprendé Systems Limited against all costs, losses and damages resulting from any claim, suit, action or proceeding (Claim) brought against us (including a Claim by third parties) to the extent that the Claim is based on, is connected to or arises out of any failure by you to comply with this agreement or any negligent or unlawful act or omission by you or any of your employee/applicants, contractors or agents.  In the event of a Claim, you will provide to us all documents and assistance reasonably required by us. The Indemnity provided by the Client in favour of The 3rd Degree is irrevocable in any event. 
8. GENERAL
   1. If any term of this Agreement is held to be invalid or unenforceable, the remaining terms of this Agreement will remain in full force and effect.
   2. Any failure by a party to enforce any clause of this Agreement, or any forbearance, delay or indulgence granted by that party to any other party will not be construed as a waiver of the first party's rights under this Agreement.
   3. The Client may not assign or transfer any of its rights, obligations, or privileges that it has under this Agreement without The 3rd Degree’s prior written consent.
   4. Neither party will be liable to the other for any breach or failure to perform any of its obligations under this Agreement where such breach or failure is caused by any event beyond its control.
   5. If there is any discrepancy between this agreement and the Contract, then the Contract terms and conditions will prevail.
   6. This Agreement will be governed by New Zealand law, and the parties submit to the exclusive jurisdiction of the New Zealand courts
   7. The 3rd Degree is the appointed Agent of the Lender in order to facilitate the provision of information.  The 3rd Degree is entitled to rely on the information provided by the Client.  In the event that any of that information is later found to be incorrect or flawed, that would negate and void any subsequent liability purported against The 3rd Degree.
   8. The Client agrees to pay The 3rd Degree, either by provision of the Credit Card system.  Should that fail for any reason, the Client agrees to pay The 3rd Degree upon invoice for the services provided at the rate as outlined within Schedule of Fees.  All services provided are plus GST in any event. 
   9. The fee for the provision of Data Reports is payable by the Client, whether or not the Client downloads the Reports or not.
      1. In the event that any account remains overdue beyond the 14^th of the following month, interest will apply at 10% per annum.  
      2. In the event that The 3rd Degree is required spend fees on recovery of any outstanding debt, all such fees are recoverable from the Client, not limited to Solicitors fees, filing fees and any other fees on a full indemnity basis. 

CENTRIX SUBSCRIBER AGREEMENT

1. APPLICATION OF AGREEMENT
   1. Centrix Group Limited (NZB 9429032209006) and Centrix Data One Limited (NZB 9429042367727) (together ‘we” “our” “us”) will supply to the Subscriber (“you’, “your”) our information services (the type of services as agreed between us), on the terms and conditions contained in this agreement. The 3rd Degree (NZB 9429047039971) (“Contractor”) has introduced you to the services and will invoice you for use of the services and you will pay Contractor. Contractor will also access our Services on your behalf. Some of the terms and conditions only apply when you use certain services as indicated in this agreement. We may enter into a separate agreement with you regarding the provision of some services.
2. ROLE OF CONTRACTOR
   1. Contractor has introduced you to our services and all parties agree that Contractor has set the fees to be paid by you under this agreement. You will access our services via Contractor’s gateway and accordingly, you have appointed Contractor to act as your agent and undertake the following on your behalf:
      1. via its gateway, Contractor will supply us with the information from you that we require so that we can supply the services to you;
      2. via its gateway, Contractor will access the services from us on your behalf to supply to you.
   2. Contractor agrees to act as your agent. Contactor will not use any information it receives as a result of this agreement for its own purposes or for any other purposes other than to carry out its role as described in this agreement. Each time you use the services, upon delivery of our services by Contractor to you, Contractor will immediately purge and destroy any information it may hold in relation to the information supplied as part of the services, other the information that is necessary for the purpose of invoicing you. Contractor agrees to comply with the Privacy Act 2020 (NZ) in relation to all personal information it receives as a result of this agreement.
   3. All parties acknowledge that:
      1. Contractor is independent of us and is not our agent, employee/applicant or partner;
      2. Contractor has no power or authority to act on our behalf or incur any obligation of any nature on our behalf;
      3. this agreement does not grant Contractor access to our services in its own right;
      4. Contractor will have no responsibility for providing services under this agreement other than in carrying out its role as set out in this agreement.
   4. If you have any queries regarding the services, you will in the first instance contact Contractor. If the query relates to the information we have supplied to you, Contractor will direct the query to us. Otherwise, Contractor will handle all other queries you may have.
3. SUPPLY OF SERVICES
   1. You must only use our services and the information obtained from our services for the purposes of your internal business use and only in accordance with all laws and regulations. You understand that we will not provide you services if we reasonably believe that we are not permitted to by any law or regulation or by any agreement we have with a third-party supplier of information.
   2. You must not disclose the information supplied as part of our services to any third party except to the extent as required by law and you must not resell the information. You must not reproduce, copy or re-use the information except as reasonably required for your internal business use. All copyright and other proprietary notices, symbols and clauses of Centrix must be affixed to any information reproduced, copied or re-used, whether in printed form, magnetic or any other media or form.
   3. So that we can provide the services, you must supply us with the information we require. You and Contractor must follow our policies and procedures as notified from time to time, including all security procedures such as the use and security of passwords. We will give reasonable notice of any changes to our policies and procedures.
   4. Before you provide us with information or use our services you must obtain all applicable consents and authorisations, which must be freely given and informed, and in accordance with the Privacy Act 2020 (NZ) and any other applicable laws.
   5. Before you provide us with any information you must take reasonable steps to ensure that the information is accurate, up to date, complete, relevant and not misleading.
   6. You agree that where we are permitted to by law, we may retain any information supplied by you when using our services and we may use this information during the term of this agreement and after its termination to update our databases and for providing services to you and any other subscribers to our information services or as permitted by law.
   7. We will hold one copy of each information report we provide to you (“historical reports”) to be accessed by you for your purposes only. You acknowledge and agree that for the purposes of s11(2) of the Privacy Act 2020 (NZ), we hold the historical reports as your agent and on your behalf and not for our own purposes. We may at any time destroy the historical reports, however we will let you know before we do so.
   8. We may suspend your access (via Contractor) to our services where you have not paid fees due under this agreement by the due date, (provided the such fees are not subject to a genuine dispute) or where we believe, acting reasonably, you or Contractor are in breach of this agreement and the breach is not remedied within 10 business days of you or Contractor being notified in writing of such breach or you or Contractor are in breach of any laws or regulations or where we believe, acting reasonably, providing services to you may be a breach of any laws or regulations. You will not be entitled to any compensation during a period of suspension.
   9. The services will generally be available all day, 7 days a week. Support services will generally be available during normal business hours (Monday – Friday, 8am – 5pm). You acknowledge that the services are made available through communication links and networks which are supplied by external suppliers and that the availability of our services will be dependent on the performance of those external suppliers and any factors (environmental or otherwise) which might impact on those communication links and networks, all of which are outside our control. You acknowledge that some of the information provided in our services is supplied by external suppliers and that the availability of this information is dependent upon the performance of those external suppliers and the information may not always be available.
   10. You are responsible for all communication costs for access to our services.
   11. We are required under our terms of access to certain third-party information to include certain terms and conditions in our agreement with you for the benefit of the third-party information providers. These terms and conditions are found on our website: Third Party Terms and Conditions. You and Contractor agree to these terms and conditions, and you understand and agree that it is the intention to include the third-party providers as beneficiaries of this agreement for the purposes of the Contract and Commercial Law Act 2017 (and any successor legislation) with all rights and remedies available as if each third-party provider was a party to this agreement.
4. SAFEGUARD OF ACCESS TO SERVICES AND INFORMATION WE PROVIDE
   1. You and Contractor must ensure that only persons properly authorised by you have access to our services.
   2. If we give you or Contractor a Client name, password, or other identifier to access our services you and Contractor must keep this confidential and only use it for a proper purpose in accordance with this agreement,
   3. You and Contractor must take appropriate measures to safeguard against improper access of our services and the information we provide, including (without limitation):
      1. developing written policies and procedures to be followed by your employee/applicants, agents, and contractors in relation to access to our services and the security of the information we provide;
      2. establishing controls, including the use of passwords, credential tokens or other mechanisms and Client identification in relation to access to our services and the information we provide;
      3. notifying us in writing of any unauthorised access to our services, changes to your authorised Clients and compromises in the security relating to any of those matters;
      4. providing information and training to ensure compliance with the policies and controls;
      5. monitoring usage and regularly checking compliance with the policies and controls;
      6. taking appropriate action in relation to identified breaches of policies and controls; and
      7. any other measures as reasonably required by us.
5. FEES
   1. The parties agree that Contractor will invoice you and Contractor is solely responsible for the collection of any amount payable by you under this agreement. You will pay Contractor for our services and the services provided by Contractor in the manner and at the rates set out in the Fees Schedule provided to you by Contractor. No fees are to be paid by you to us for our services supplied under this agreement.
   2. If you do not pay Contractor by the due date, then Contractor may charge you interest on the amount overdue (other than amounts which are the subject of a bona fide dispute) at the rate of 12% per annum (accruing daily) until the overdue amount is paid. You agree that Contractor may list any information about a default on our credit reporting database for use in our credit reporting services and that information may be made available to other subscribers or used or disclosed for any other lawful purposes. You also agree to pay Contractor any costs Contractor or its agents incur in recovering money you owe Contractor, including commission and legal costs on a solicitor-client bases
6. TERM AND TERMINATION
   1. The agreement continues until either you or we give 30 days’ written notice to each other and to Contractor that the agreement is to end.
   2. Contractor may terminate this agreement immediately upon written notice if you have not paid any amount due under this agreement by the due date and you have failed to remedy the default within 30 days after Contractor has given you written notice to remedy the default.
   3. We may terminate this agreement immediately if either you or Contractor are in material breach of this agreement which is not capable of remedy, or if the breach is capable of being remedied, the breach is not remedied within 10 business days of the date we give notice specifying the breach.
   4. Termination of this agreement will not extinguish or otherwise affect the obligations under this agreement which by their nature are intended to survive termination.
   5. Termination in any manner shall not affect any rights or obligations properly accrued to either of any party prior to termination.
7. LIMITATION AND LIABILITY
   1. You agree that the information supplied as part of the services is obtained from a number of sources and is not verified by us and that we do not guarantee, warrant, or represent that the information is free of errors or defects or is complete, correct or current or is to be used for any particular purpose by you.
   2. You agree that whilst we will take all care in providing our services, to the extent permitted by law, we will not be liable in any way whatsoever for the information supplied as part of providing our services. You use our services at your own risk and you are responsible for the assessment and evaluation of the information we provide as part of our services.
   3. To the extent permitted by law, in no circumstances will we be liable to you, Contractor or to any third party for any special, indirect, consequential, loss of profit, loss of revenue, loss of business, loss of data or punitive losses or damages suffered by you, Contractor or any third party arising out of or in connection with this agreement, or the supply of services to you, including in contract, in tort (including negligence), equity or in statute.
   4. No party will be liable for any amounts or default to the extent they are directly attributable to an event beyond the party’s reasonable control. This does not include a lack of financial resources (including non-payment of any kind whatsoever) or disputes and/or problems with a party’s resources or industrial disputes.
   5. Notwithstanding any other clause in this agreement, to the extent permitted by law our maximum liability to you or to Contractor for any losses, damages, costs or for any claim howsoever arising out of or in connection with this agreement or the supply of our services to you is an amount equal to twelve times the average monthly price charged in the three months preceding the first event giving rise to any such loss or damage.
   6. You agree that you are acquiring our services for the purposes of a business and that the provisions of the Consumer Guarantees Act 1993 do not apply.
   7. You and Contractor will indemnify us against all costs, losses and damages resulting from any claim, suit, action or proceeding (Claim) brought against us (including a Claim by third parties) to the extent that the Claim is based on, is connected to or arises out of any failure by you or Contractor to comply with this agreement, or due to any unlawful or negligent act or omission by you or the Contractor or any of your employee/applicants, contractors or agents. In the event of a Claim, you and Contractor will provide to us all documents and assistance reasonably required by us.
8. OUR COMPLIANCE CHECKS
   1. We are required by certain laws and regulations and under our terms of access to certain third-party information to check your compliance (and the compliance of Contractor) with some of the obligations in this agreement and to monitor your use of our services. You and Contractor must promptly co-operate with us when we undertake these compliance checks and monitoring, and in our efforts to investigate and resolve complaints and requests for correction of any information you have given us. This may require you and/or Contractor to answer questions, provide us with information or documentation or to take other reasonable steps to show your compliance (and the compliance of Contractor) or to assist our monitoring or investigations or to substantiate any information you have given us.
   2. In addition, you and Contractor must promptly co-operate with us in our efforts to undertake a systematic review of the effectiveness of any policies, procedures and controls we have in place to comply with our legal obligations and any you and Contractor have in place to comply with your obligations under this agreement.
9. GENERAL
   1. Access to our services is subject to your compliance with this agreement. You will ensure that you, and your employee/applicants, contractors and agents abide by the terms and conditions of this agreement.
   2. Where necessary, in order to reflect changes required by relevant law or by the introduction of new services we may amend this agreement by giving you and Contractor no less than 30 days written notice. This may be in the form of a new agreement. You may terminate this agreement by giving 10 days written notice to us if you do not accept (in your sole discretion) any such amendment.
   3. All intellectual property in relation to our services or otherwise created in providing our services to you is and remains our exclusive property (or our third-party suppliers or vendors as the case may be) and you agree that you have no claim or rights to any part of such intellectual property, and you will take whatever steps necessary to ensure that ownership rights in relation to such intellectual property remains with us.
   4. If you are a foreign person or entity as defined in the Privacy Act 2020 (NZ), then the following applies:
      1. In relation to all personal information that we supply to you under this Agreement, you must comply with the requirements of the Privacy Act 2020 (NZ) as if it was an agency that is subject to the Act, notwithstanding that it may be an agency that is not subject to the Act; and
      2. The parties acknowledge when the Privacy Act 2020 (NZ) commences on 1 December 2020, any disclosure of personal information by us to you can only occur when certain conditions are met. In the event you form the view (acting reasonably) that this Agreement does not include obligations to protect personal information (disclosed by us to you) that are comparable to the safeguards of the Act, this Agreement will be amended to include the contractual clauses approved by the Privacy Commissioner of New Zealand for this purpose.
   5. No rights will be prejudiced or restricted by any indulgence or forbearance given by one party to another party and no waiver concerning any breach will operate as a waiver concerning any subsequent breach.
   6. This agreement (with its schedules) forms the entire agreement between the parties concerning the supply of the services to you and supersedes all prior agreements.
   7. You or Contractor must not assign this agreement without our prior written consent, which will not be unreasonably withheld.
   8. This agreement will be governed by New Zealand laws and the parties submit to the non-exclusive jurisdiction of the New Zealand Courts.
   9. All notices and invoices to you will be sent to your last postal or email address you have provided. All notices to us or Contractor are to be sent to the address set out below, or such other address as most recently notified by us or Contractor:
      1. To: Centrix Group Limited, PO Box 62512, Auckland 1546.
      2. To: Centrix Group Limited, 22 Pollen Street, Grey Lynn, Auckland 1021
10. VERIFICATION SERVICES
    1. You must only use our Verification services for the purpose of verifying an individual’s identity, age or address information for lawful purposes of identity verification, fraud prevention or enforcement of laws designed to prevent money laundering, but this does not include determining a consumer’s eligibility for credit or insurance for personal, family or household purposes, employment or a government license or benefit.
    2. Before using our Driver Licence Verification Services, you must obtain the consent from the relevant individual. The written consent to search the individual’s drivers licence information must be retained and made available to the NZ Transport Authority upon request.
11. CONTACT INFORMATION FOR THE 3RD DEGREE

info@the3rddegree.co.nz  or direct your correspondence to the Privacy Officer, PO Box 10363, Wellington 6140

schedule 1 

For each Report completed, the Client agrees to pay The 3rd Degree $70.00 plus GST for each Report.   The Fee per Report is payable whether or not all information was available or not, e.g., there may not be any criminal history.