It is important for you to carefully read these terms and conditions together with the contract you signed when applying to become a Driver Check subscriber.
- These terms and conditions form the contract between you (the user), and the NZ Transport Agency as the provider of these services.
- These terms and conditions are governed by New Zealand law.
- By signing these terms and conditions, you show acknowledgement and acceptance of them.
- If you breach your obligations under this contract, you shall be liable for any loss suffered by the NZ Transport Agency as a result of the breach of contract.
- The NZ Transport Agency reserves the right to withdraw Driver Check services from any user who fails to comply with these terms and conditions or abuses the service in any way.
- The NZ Transport Agency may make inquiries of you or any of your employees, agents or contractors, provided the inquiries are relevant to your obligations under this contract.
Driver Check service
- Information contained in Driver Check is obtained through or from parties other than the NZ Transport Agency. The NZ Transport Agency does not, and is unable to, guarantee the accuracy of that information.
- There may be interruptions to the Driver Check facility from time to time, as a result of actions taken by internet service providers or the NZ Transport Agency’s IT providers. These interruptions to service availability are beyond the control of the NZ Transport Agency, and are part and parcel of having a service provided via the internet.
- The NZ Transport Agency will endeavour to provide a secure and reliable system within which you can carry out your inquiry transactions via the internet. If IT systems are changed substantially, such that the Driver Check service is no longer functional, the NZ Transport Agency will endeavour to provide a replacement Driver Check internet service within two months.
- Under no circumstances will you be compensated for any loss, injury or damage arising directly or indirectly from the supply of Driver Check to you, or the operation of, or failure to operate, Driver Check.
- You are responsible for the maintenance of the accuracy and completeness of employee details provided to the NZ Transport Agency. You must provide, for each driver licence inquiry, either
- (a) the driver’s licence number, version number and driver’s name, or
- (b) the driver’s full name and date or birth.
- The NZ Transport Agency will advise you as soon as possible where the licence (or endorsement) expires, or is revoked or is suspended, or where the driver is disqualified, for any of the linked drivers listed. This advice will be by means of an email or online notification via the Driver Check website.
Charges and fees
- The NZ Transport Agency will provide a tax invoice/direct debit notification, detailing charges due and the date the amount will be direct debited from your account.
- You will pay to the NZ Transport Agency the Driver Check charges as detailed:
- annual fee: $1.55 per driver per annum
- query (internet): $1.55 per query
- add driver: $1.55 per driver
- manual search: $11.10 per query
- remove driver: $1.55 per driver
- automatic notification: free of charge.
- You must pay all charges made, in respect of this contract, by direct debit.
- If you repeat any individual licence inquiry (whether inadvertently or intentionally), you will be required to pay for each inquiry.
- If either party terminates the contract at any time, you will pay any and all outstanding charges.
- The NZ Transport Agency may review the charges at any time. You will be given one month’s notice of our intention to vary the charges.
- You are responsible for all internet access charges via your nominated internet service provider.
Access, assignment and termination
- In consideration, and as a condition of you receiving access to Driver Check, you are hereby granted a non-exclusive, non-assignable licence by the NZ Transport Agency to use Driver Check in accordance with these terms and conditions.
- The NZ Transport Agency may assign its rights and responsibilities under this contract to another party, but will give you no less than 30 days’ notice in writing of its intention to do so.
- The NZ Transport Agency may terminate or change this contract, or any term or condition, by giving you no less than 30 days’ notice in writing. Termination will not release either party in respect of prior breaches and obligations for monies payable for the period up to termination.
Protection and use of information
- You must take all reasonable security measures, including your own PC anti-virus measures, to prevent unauthorised use of and access to Driver Check services. If you do not keep access to Driver Check secure, you may be liable for any consequential loss suffered by the NZ Transport Agency as a result of a security breach. The NZ Transport Agency reserves the right to determine what constitutes a security breach.
- Information accessed or obtained through Driver Check cannot be used in a court of law as evidence in proceedings.
- You MUST have the signed consent (using the Driver Check consent form on page 16 of the Driver Check registration pack) of the licence holder BEFORE inquiring on their licence record. You must retain that signed consent and provide a copy of that signed consent if requested to do so by the NZ Transport Agency.
- You MUST have the consent of a driver before you may disclose any information supplied through Driver Check to any other party. The information supplied cannot be used by any third party contracted by you in any capacity other than for the work specifically undertaken for your company.