Terms & Conditions

Definitions

“BCG” means Background Check Pte. Ltd on behalf of itself, its officers and employees.

“Service” means business services and information products provided by or through BCG, which include

“Client” means the user obtaining Service.

“Reseller” means a Client providing the Service to an End User.

“Applicable Law” This Subscription Agreement shall be governed by and construed in accordance with the laws of Singapore regardless of the law that might otherwise apply under applicable principles of conflicts of law. Both you and BCG hereby consent to the exclusive jurisdiction of the courts of Singapore to resolve and dispute, claim or controversy that might arise out of this Subscription Agreement.

“International” means any country or territory outside the Singapore and its protectorates.

“Confidential Information” means any and all proprietary or secret data; sales or pricing information relating to either party, its operations, employees, products or services; and, all information relating to any customer, potential customer, agent, and/or independent sales outlet.

Now, therefore, BCG and Client agree as follows:

BCG Obligations

The Service will provide Client with information gathered for the purpose requested, by BCG, furnished to BCG by third party agents or a combination thereof.

Client Obligations

Client will comply with the terms set forth in this agreement.

You and your Authorized Users are granted a nonexclusive, nontransferable, limited right to access and use for compliance purposes BCG Products and the Materials made available to you. The rights granted to each Authorized User are as follows:

a)   Notwithstanding anything to the contrary herein, the right to excerpt or quote insubstantial portions of Materials in documents prepared in the ordinary course of your business to the extent permitted by applicable copyright law;

b)   For the avoidance of doubt, downloading and storing Materials in an archival database is prohibited. BCG Products and the Materials are protected by copyright, intellectual property laws, and other laws that prevent unauthorized access and use. If you are not an Authorized User, you are not permitted to access or use BCG Products for any purpose whatsoever. If you nevertheless access and use BCG Products or the Materials without authorization, your access and use will be governed by these General Terms and Conditions and you will be liable to BCG for any breach of the General Terms and Conditions as well as for unauthorized access.

To the extent permitted by applicable copyright law, you and your Authorized Users may make copies of Authorized Printouts and use distribute Authorized Printouts for the purpose as requested in the order.

Client will pay for the Service as set forth in the Payments and Pricing section of this agreement. Prior to requesting Service, Client will carefully review each product’s respective “About” link (shown with a question mark icon ‘?’), and order form (which may vary by country). Client understands that this information may not always apply to its specific request when a response or result is obtained.

Prior to requesting Service for a report on a consumer , Client and/or their end user will inform the subject in writing that either a consumer report or an investigative consumer report will be acquired and will obtain the subject’s authorization in writing for said report.

Prior to requesting Service, Client and/or their end user will inform the subject that their personal data may be used to enable BCG, Client, Reseller, end user, and/or their agents to perform said Service and that their personal information may be transferred to other countries, including countries that have inadequate privacy laws .

Client and end users will only use the information that is being ordered for the Reason for Request indicated in the order and will not use it for any other purpose without the prior consent of BCG. The Service is not provided or intended to be used for investigations or legal opinion against the subject.

Client and end users will comply with all Federal, State, Local and International laws and regulations applicable to the use of Services, including, but not limited to, Fair Credit Reporting Act disclosure and authorization requirements, adverse action provisions and international data transfer directives. Client accepts full responsibility for complying with all laws and for using the information products it receives from BCG in a legally acceptable fashion. Client further accepts full responsibility for any and all consequences of use and/or dissemination of those products. Client further agrees that each consumer report will only be used for a one-time use.

As a condition of entering into this Agreement, Client certifies that it has in place reasonable procedures designed to comply with all applicable international, local, state and federal laws.

In order to ensure that BCG data is safeguarded and only provided to companies that have been appropriately verified and credentialed, Reseller is required to complete due diligence on any end user requesting Service prior to being provided access to BCG Service.

Payments and Pricing

Client is responsible for each order that is placed on its account.

Client shall be charged for all Service at the rates set forth at the time each order is placed. However, BCG reserves the right to deny continuation of any order if unanticipated or unreasonable price fluctuations occur (e.g. agent pricing, currency fluctuations, etc.) and reserves the right to cancel any order (with an appropriate refund) if a commensurate source is not obtainable.

Pricing is subject to change without notice.

Client will be responsible for charges resulting from Client’s errors in inputting data, entering duplicate orders, and canceling orders once processing has commenced.

Client understands that database retrieved reports are non-cancelable. Cancellations on freshly prepared reports must be received in writing within two (2) hours of receipt of the original order and must be approved by BCG.

Due to the customized nature of BCG’s business, Client agrees that payments made by charge/credit/debit card can be debited at the time the Client’s order is placed and not necessarily when delivery is made.

Non-payments, charge/credit/debit card charge-backs and/or refunds are not available and not acceptable for reasons including, but not limited to, report content, possible lateness, etc.

Client Understanding

Client agrees and understands that Service may vary greatly due to numerous variables, some of which may be outside BCG’s control (e.g. subject’s unique history, available data, applicable laws, local search customs, source repository policies, organization’s lack of cooperation, etc.). Information is obtained from BCG, third party agents/sources, in-country agents/sources or a combination thereof.

Client agrees and understands that though name variations may be common in a particular country and some repositories and/or agents may search for name variations, no consistency or guarantee that variations will be searched is available without the commitment of an additional order for each name. Searches are per jurisdiction unless otherwise indicated.

Client agrees and understands that many courts and some police agencies do not issue documents verifying a non-record. If such a document is available and is required by Client, additional fees and delays may apply.

Client agrees and understands that published delivery times vary by product and country and are an estimate based on the experience of previous orders – they are not a guarantee. If a product lists a delivery time range, the order is considered to be late on the day after the last date in the range, not the first date. Orders are subject to delays depending upon source(s) involved and other factors such as holidays, etc.

Client agrees and understands that status updates and estimated completion times may not be practical or observed in other countries and, if obtained, may lack the level of specificity commonly expected. BCG will track and follow orders and make its best efforts to obtain detailed status updates on Client reports where possible.

Client agrees and understands that BCG extends its best efforts in developing the best agent network in the world. However, BCG is not responsible for the internal management of its agent’s, its agent’s employees’, it’s agent’s vendors and/or its agent’s data sources.

Client will base its decisions on its own guidelines, policies and procedures. Any consultation and sample forms, which may be provided by BCG shall be provided for informational purposes only and BCG shall not be deemed to be providing legal advice. BCG advises that Client consult experienced counsel to ensure compliant procurement and use of BCG reports in connection with its particular credit, due diligence or screening program.

Disclaimer: This is to bring in your notice that the information/data provided to us will be considered as final and correct, and no deliberate act of typos is taken into account. Our report is solely based upon the information provided, henceforth any change, editing or correction in the data shall be treated as a new order and no refund could be made in this regard, however a new check can be initiated after receiving the corrected data with mutual consent.

Security

Client is responsible for the creation, confidentiality and security of its password.

Client shall be responsible for all uses of its account, whether or not authorized by Client.

Client agrees to immediately notify BCG of any unauthorized use of Client’s account or password.

Client agrees to have reasonable procedures for the fair and equitable use of background information and to secure the confidentiality of private information. Client agrees to take precautionary measures to protect the security and dissemination of all consumer report or investigative consumer report information including, for example, restricting terminal access, and utilizing passwords to restrict access to terminal devices, and securing access to, dissemination and destruction of electronic and hard copy reports.

Term of Agreement

This agreement shall be in full force and effect during such periods of time that BCG is providing Service for Client. Client agrees that if it is found to be in violation of any specifications of this agreement, BCG has the right to terminate Client’s access to Service.

Modifications to Agreement

BCG reserves the right to modify these Terms and Conditions at any time and such modifications shall be effective immediately upon posting of the modified agreement to the website. Client agrees that they are entirely responsible for reviewing these changes when accessing this website or its products, Service and information, and understand that BCG Terms and Conditions may be updated from time-to-time with the last revision date being clearly shown at the top of the agreement. Continued use of any of BCG’s Service after changes are made constitutes acceptance of this agreement as modified by the published changes.

Rights to Service

The Service is proprietary to BCG and all rights to the Service are proprietary to and reserved by BCG.

Warranty and Warranty Disclaimers

Client recognizes that information is obtained from various third party sources. The information supplied to BCG by its agents is “as is” and cannot be guaranteed to be error free. In requesting any Services, Client accepts that information/content cannot be guaranteed as accurate in that BCG, its agents or associates have no practical opportunity to audit or confirm all source data.

Client also understands that processing of court record, police or other governmental and/or commercial searches vary based on local laws, regulations and purpose. The information provided by agents to BCG may be reflective of country variances. The quality of information gathered in one country cannot be used as a measurement for information gathered in another country; record keeping practices vary by country.

Although reasonable effort is made by BCG and its agents to ensure accuracy, BCG does not act as the final guarantor of the information accuracy or completeness.

Client understands BCG does not provide legal advice in the provision of its Service herein and Client acknowledges it is not obtaining from BCG nor relying on BCG for legal advice of any kind.

Client acknowledges and agrees that, except as expressly provided in this section, BCG makes no representation or warranty whatsoever, either express or implied (including, but not limited to, implied warranties of merchantability or fitness for particular purpose and implied warranties arising from the course of dealing or a course of performance) with respect to the accuracy, validity, completeness, uninterrupted availability, or suitability for Client’s needs, of any Service provided under this agreement, and BCG hereby expressly disclaims all such representations and warranties.

The representations, warranties, covenants and agreements contained in this agreement are for the sole benefit of the parties hereto and their heirs, executors, administrators, legal representatives, successors and assigns, and they shall not be construed as conferring any rights on any other persons.

Client agrees and understands that satisfaction of its obligations under this agreement and all applicable laws is the sole responsibility of Client, and that such obligations of Client are in no way conditioned or contingent upon the performance of BCG or any business or consumer reporting agency, end user, consumer or other third party.

Limitation of Liability

Client releases BCG and its agents, contractors, officials, representatives, or assigned agencies, including officers, employees, or related personnel both individually and collectively, from any and all liability for damages of whatever kind, including indirect or consequential damages, lost profits, lost income, or lost savings, which may, at any time, result to Client, Client’s company, Client’s heirs, family, or associates because of placement, processing, work performed, delivery and/or fulfillment of Services.

Client further agrees that the information will not be used as evidence or as a basis for any legal action.

Client will not hold BCG responsible for potential or actual losses that may occur from any business decision made subsequent to the receipt of this report. This information is for Client’s exclusive use. Client accepts that the content and amount of information may vary with each report depending on the situation BCG or BCG’s agents may encounter and what information is available.

Indemnification

Client shall indemnify, defend and hold harmless BCG from and against any and all claims, suits, proceedings, damages, costs, expenses (including without limitation, reasonable attorneys’ fees and court costs) brought or suffered by any third party arising or resulting from, or otherwise in connection with any breach by Client of any of its representations, warranties, or agreements in this Agreement or its negligence or willful misconduct.

Force Majeure

BCG is not responsible for any events or circumstances beyond its control, including, but not limited to, wars, riots, embargoes, strikes or Acts of God, which prevent BCG from meeting its obligations.

Assignment, Sub-license or Resell

Client shall neither transfer nor assign this agreement, in whole or in part, without BCG’s prior written consent, which shall not unreasonably be withheld.

Miscellaneous

1. The parties agree that the relationship of the parties created by this Agreement is that of Service Provider/Client and not that of employer/employee, principal/agent, partnership, joint venture or representative of the other. Except as authorized hereunder, neither party shall represent to third parties that it is the employer, employee, principal, agent, joint venture or partner with, or representative of the other party.

1. Neither party shall reveal, publish or otherwise disclose any Confidential Information to any third party without the prior written consent of the other party. The parties agree to keep this information confidential at all times during the term of this Agreement, and continuing for five years after receipt of any Confidential Information. To the extent that any provision of this agreement is held to be invalid or unenforceable because it is overbroad, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited.

c-   The failure of you, BCG, or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

1. BCG’s ability to provide Materials is regulated by a variety of privacy, data protection, and other laws in a variety of jurisdictions (“Data Laws”) and by the licenses under which it obtains Materials (“Licenses”). You acknowledge that BCG will perform a due diligence review of your account upon registration and that the due diligence review will be heightened if you desire to access sensitive, non-public Materials about individuals. You also acknowledge that BCG will perform periodic reviews of you and your Authorized Users’ use of the Materials subject to Data Laws or Licenses (“Regulated Data”) in order to comply with Data Laws and license restrictions, and that the review may include asking you or your Authorized Users to verify that use of Regulated Data was for a permissible purpose. You and your Authorized Users will cooperate with BCG in any such due diligence or regulatory review and will promptly produce all relevant records and documentation reasonably requested by BCG. All reviews will be at BCG’s expense. If there is any failure to cooperate with BCG, or if any review reveals the lack of a permissible purpose to access Regulated Data, BCG may deny access to BCG Products or to Regulated Data. BCG will be under no obligation to reduce the fees payable by you to the extent that it is unable to provide Regulated Data to you based solely on your non-cooperation.

e-   If you, any of your Authorized Users, or any person you or your Authorized Users permits to use BCG Products or who gains access through an Authorized User’s failure to properly secure his or her BCG ID or computer (a “User”) should access or use Regulated Data in an unauthorized manner (a “Security Event”), then the following provisions will apply: (a) if required by applicable law, you will notify the individuals whose information has potentially been accessed or used that a Security Event has occurred; (b) you will notify any other parties (including but not limited to regulatory entities and credit reporting agencies) as may be required by law; (c) the notification will not reference BCG or the product through which the Regulated Data was provided, nor will BCG be otherwise identified or referenced in connection with the Security Event, without the express written consent of BCG; (d) you will be solely liable for all claims that may arise from a Security Event caused by you, your Authorized Users or a User and you will indemnify BCG for any third party claims directed against BCG that arise from the Security Event; and (e) all notifications and indemnity claims related to the Security Event will be solely at your expense.

f-    This Subscription Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this Subscription Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this Subscription Agreement.

g-   Where applicable, each affiliated company of BCG and each third party supplier of Materials has the right to assert and enforce the provisions of this Subscription Agreement directly on its own behalf as a third party beneficiary.

h-   Unless otherwise specified by you in writing at any time, the use of BCG Products will entitle BCG to use your name and logo for commercial purposes solely for the limited purpose to promote BCG

i-    This Subscription Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter.

j-    REFUND POLICY refunds will be given at the discretion of the BCG Management.

Notices

Any notice that is required or permitted hereunder shall be deemed given to BCG only if delivered personally or by registered or certified mail, return receipt requested and postage prepaid, or by nationally recognized overnight delivery services, addressed as follows: 30 Cecil Street, #19-08 Prudential Tower, Singapore 049712