MyCheck Terms and Conditions for the Supply of Services
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
1. About us
These terms and conditions form the basis of the legal contract between you (“you”) and Personnel Checks Limited t/a MyCheck (Company No 08101751) of One Cathedral Square, Cathedral Quarter, Blackburn, Lancashire, England, BB1 1FB (“us” or “we”) for our provision of services to you, namely the carrying out of various background checks on you by us at your, or a third party’s, instruction following your provision to us of the consents necessary for us to carry out such checks as well as the necessary information about you (the “Services”).
2. When you purchase Services from us you are agreeing that:
We only accept any request for our Services (each an “Order”) when we’ve checked them.
Sometimes we reject Orders.
We charge you when you place your Order.
We’re not responsible for delays in the performance of our Services that are outside our control.
We may charge you if you don’t give us all the information we need to provide the Services.
You can end an on-going contract.
You have rights if there is something wrong with our Services.
We can change the Services and these terms.
We can suspend our supply of the Services.
We can end our contract with you.
We don’t compensate you for all losses caused by us or our Services.
We use your personal data as set out in our Subject Privacy Policy.
You have options for resolving disputes with us.
Other important terms apply to our contract.
3. We only accept Orders when we’ve checked them
We contact you to confirm we’ve accepted your Order and that we are prepared to supply the Services to you.
4. Sometimes we reject Orders
Sometimes we reject Orders, when this happens, we let you know as soon as possible and refund any sums you have paid.
5. We charge you when you place your Order
At the point of placing your Order we will require you to pay the price outlined by us. You may only be able to purchase certain Services via an account you hold with us where our records confirm that you fulfil certain criteria. Any discount applicable to your purchase shall be outlined by us when you place your Order.
6. We’re not responsible for delays in the performance of our Services that are outside our control
If our performance of the Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us to end the contract and receive a refund for any Services you have paid for but not received, provided that you, or your lack of provision of information to us, is not the cause of the delay.
7. We may charge you if you don’t give us all the information we need to provide the Services
We may charge you additional sums if you don’t give us the information we need to provide the Services to you
8. You can end an on-going contract
You can end an on-going contract with us at any point but, if we have already begun providing the Services, you will not be entitled to a refund of any amounts you have paid.
9. You have rights if there is something wrong with our Services
If you think there is something wrong with our Services, you must contact us. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
Summary of your key legal rights
The Consumer Rights Act 2015 says:
You can ask us to repeat a service if it’s not carried out with reasonable care and skill.
If a time for completion of the Services hasn’t been agreed upfront, it must be carried out within a reasonable time.
10. We can change the Services and these terms
Changes we can always make. We can always change the Services:
to reflect changes in relevant laws and regulatory requirements; and
to make minor technical adjustments and improvements.
These are changes that don’t affect our provision of the Services.
11. We can suspend our supply of the Services
We can temporarily suspend the supply of Services. We do this to:
deal with technical problems or make minor technical changes;
update the Services to reflect changes in relevant laws and regulatory requirements; or
make changes to the Services.
We may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re fully or partially suspending supply of our Services, unless the problem is urgent or an emergency.
If we suspend the Services for longer than 1 working day and the suspension occurs after you have paid but prior to our submission of any background check to a relevant record agency, then we will contact you to notify you of the likely length of any suspension and to ask you whether you would prefer for us to:
provide you with a full refund of the price paid and terminate our contract with you; or
submit the relevant background check when our Services resume.
Please note that you shall not be entitled to any refund in the event that we have had to suspend the Services due to you failing to provide us with the information required to perform the Services.
If we suspend the Services for longer than 1 working day and the suspension occurs after you have paid and after our submission of any background check to a relevant record agency, then we will contact you to notify you of the likely length of any suspension, but no refund will be offered. This is because the delay or suspension will only have occurred because of the relevant agency responsible for providing the relevant background information and not as a result of our actions.
We can withdraw Services
We can stop providing any of our Services at any time. We will let you know if we do so and we will refund any sums you’ve paid for Services which won’t be provided.
12. We can end our contract with you
We can end our contract with you for any Services without having to provide any refund to you if you don’t, within a reasonable time (6 months) of us asking for it, provide us with the information that we need to provide the Services.
13. We don’t compensate you for all losses caused by us or our Services
We’re not responsible for losses you suffer caused by us breaking this contract if the loss is:
Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your Order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. We’re not responsible for delays outside our control.
Avoidable. Something you could have avoided by taking reasonable action.
To the extent that you receive our Services for the purposes of your trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for our Services and all claims for loss of profit or indirect or consequential loss are wholly excluded.
14. We use your personal data as set out in our Subject Privacy Policy
How we use any personal data you give us is set out in our Subject Privacy Policy.
15. You have options for resolving disputes with us
Our complaints policy. We do our best to resolve any problems you have with us or our Services as per our Complaints Policy.
You can go to court. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts if you live in England. If you live in Wales, you can bring legal proceedings in respect of the Services in either the Welsh or the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
16. Other important terms apply to our contract
We can transfer our contract with you so that a different organisation is responsible for supplying the Services. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.
You cannot transfer your contract with us to someone else as the Services provided are personal to you.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like not providing us with information) or for doing something you’re not allowed to, but that doesn’t mean we can’t enforce it later.