Membership
Agreement
Shark Patrol welcomes you to join our community of members, allowing you full access to the Members' portions of the website and the services located at www.SharkPatrol.co.nz (the "Site").
The following is a legal agreement between you, your company and your employer (collectively "Member") and Shark Patrol Limited ("Shark Patrol"). Please read this Membership Agreement and the General Terms and Conditions of Use carefully before using the Site and any service offered through the Site.
Shark Patrol provides a database containing information supplied by or obtained from Members regarding their trading experiences with other Members, customers, tenants, contractors, sub-contractors and other persons (together, the "Customers") in industry and commerce (the "Database"). This Database is shared amongst Members. Information stored in the Database includes:
- (a) credit information, being full names, aliases or previous names, gender, date or birth, address and any previous addresses of Customers;
- (b) debtor default credit information, being the details (such as date and amount) of a credit default, the status of that default, details of any final settlement and details of the Member reporting the default; and
- (c) miscellaneous personal information relating to Customers, together, the “Credit Information”.
Access and use of the Members' sections of the Site are provided by Shark Patrol to the Member on the condition that the Member accepts the terms and conditions of this Membership Agreement ("Membership Agreement") and by accessing or using the Members' sections of the Site and/or by uploading or accessing any Credit Information, the Member agrees to be bound by the terms of this Membership Agreement.
The headings in this Membership Agreement are solely for convenience of reference and will not affect its interpretation.
1. MEMBERSHIP
1.1 In order to access the Member services and Credit Information the Member must register to become a Member of Shark Patrol and pay the applicable fees (if any).
1.2 The Member warrants that:
(a) it carries on a business that involves the provision of credit to Customers (“Credit Provider”);
(b) the information provided on the registration form ("Membership Information") is accurate, up to date, complete, relevant and not misleading;
(c) it will update the Membership Information as required to keep it accurate, up to date, complete, relevant and not misleading;
(d) the user identification provided by the Member ("Member Name"), and the password/s used by the Member in conjunction with the Member Name, will be kept confidential;/p>
(e) the Member is entirely responsible for all activities that occur through the use of the Member Name and Shark Patrol may rely on any instructions and all conduct carried out under the Member Name is conduct of the Member; and
(f) it will notify Shark Patrol immediately if it believes its Member Name and password are no longer confidential so that Shark Patrol can cease relying on that password.
1.3 Shark Patrol can reset a password but cannot access the password itself.
1.4 Shark Patrol may decline any application for membership in its absolute and sole discretion.
2. ESTABLISHMENT AND MAINTENANCE OF DATABASE
2.1 The Member warrants that by submitting Credit Information about a Customer for inclusion on the Database it has established a genuine and legitimate business relationship with the Customer.
2.2 A Legitimate Business Relationship is defined as;
When a member intends to enter, or has entered a business relationship with another entity (Customer, Client, Supplier, Tenant, Employee, Contractor, Franchisee / Franchisor, Business Partners etc) for the purpose of the exchange of goods or services for payment.
2.3 Where any Credit Information is about an identifiable individual (as opposed to a company), the Credit Reporting Privacy Code (the “Code”) requires Shark Patrol, as a third party to the Customer/Member relationship, to rely on the Customer's authorization for the Member to list the Credit Information on the Site and to allow Shark Patrol to disclose the Credit Information to other Members (“Authorisation”). Only those Members who have obtained a signed Authorisation from the identifiable individual can list the Credit Information of that Customer in the Database for accessing through the Site.
2.4 Authorisation should include a privacy statement / clause similar in intent to the following:
Privacy: We may collect and hold personal information about you. Under the Privacy Act 1993 you have the right of access to, and correction of, your personal information held by us. Your personal information is being collected for the purpose of passing to credit reporting agencies for credit checking and credit reporting. This may involve the disclosure, sharing and exchanging of personal information with other customers of a credit reporting agency. It will also be used to update and maintain credit information files and will be accessed by customers of the credit reporting agencies. We may not be able to extend a credit account to you if all the requested information is not provided.
2.5 By listing the Credit Information of a Customer on the Site the Member consents to other Members contacting it regarding that Customer.
3. ACCESS TO AND CORRECTION OF INFORMATION
3.1 Where any Credit Information relates to an identifiable individual, that individual (whether a Member or non member) has the right to:
a) obtain confirmation from Shark Patrol about whether Shark Patrol has any Credit Information listed regarding him or her and to obtain access to that Credit Information;
b) to request the correction of his or her Credit Information.
3.2 Where Shark Patrol refuses to correct the Credit Information, the individual may lay a formal complaint with Shark Patrol. Shark Patrol directs the individual to the Summary of Rights document available on the Site. Shark Patrol will comply with its duties in Part 3 of the Code in relation to any complaint regarding a breach of the Code.
4. SOURCE AND DISCLOSURE OF INFORMATION
4.1 The Member acknowledges that Shark Patrol:
(a) derives the information in the Database solely from Credit Information provided by Members; and
(b) relies on Members to verify Credit Information they provide and to notify it promptly of any further Credit Information which invalidates or otherwise materially changes the earlier Credit Information; and
(c) does not have the resources or responsibility to acquire or verify such Credit Information independently; and
(d) accepts responsibility only for storing and relaying such Credit Information accurately but not the intrinsic accuracy of the Credit Information itself.
4.2 The Member warrants that it will only submit Credit Information regarding a default payment to Shark Patrol for inclusion on the Database where that Credit Information complies with the following provisions:
- a) the Customer is at least 30 days overdue in making the payment;
- b) the Member has notified the Customer of the overdue payment and requested that the Customer repay the overdue amount;
- c) the Member has taken other steps to recover the funds;
- d) the Member is not prevented by law from bringing proceedings against the Customer to recover the overdue payment; and
- e) the overdue payment is equal to or more than $100.
5. USE OF INFORMATION
The Member undertakes, in respect of any Credit Information of a Customer accessed using the Site:
(a) not to disclose the Credit Information or make it available to any other person except as required by law; and
(b) to use such Credit Information only for the purpose of making a credit decision affecting that Customer.
6. THE CREDIT REPORTING PRIVACY CODE
6.1 In addition to the requirements set out in clauses 2.3 and 3, where the Member is disclosing any Credit Information to Shark Patrol that relates an identifiable individual, the following rules will apply:
(a) When the Member collects Credit Information directly or indirectly from the Customer for disclosure to Shark Patrol, the Member must inform the Customer of the purposes for which the Credit Information will be collected, used and disclosed;
(b) The Member must not disclose Credit Information to Shark Patrol without taking all reasonable steps to ensure that the Credit Information is accurate, up to date, complete, relevant, and not misleading;
(c) Where the Member collects a driver licence number form the individual concerned and discloses that driver licence number to Shark Patrol, the Member must take additional steps to:
- i) make it clear to the Customer that the provision of the driver licence number is voluntary; and
- ii) ensure that the Customer is the Customer shown on the driver licence;
(d) The Member must, as soon as reasonably practicable, update any Credit Information previously disclosed to Shark Patrol and ensure that the Credit Information remains accurate, up to date, complete, relevant, and not misleading;
(e) The Member confirms that the purpose for which it is seeking access to Credit Information on the Site is as a Credit Provider for the purpose of making a credit decision affecting that Customer. The Member acknowledges and agrees that this is the only purpose for which access to the Database is authorised by Shark Patrol; and
(f) The Member will co-operate with all reasonable compliance checks conducted by Shark Patrol and for that purpose, must supply, upon request, evidence to confirm compliance with the requirements of this Member Agreement or evidence to substantiate any Credit Information or other information disclosed to Shark Patrol by the Member.
6.2 The Member will promptly cooperate with Shark Patrol in its efforts to investigate and resolve complaints and requests for correction of Credit Information and will for those purposes, supply, upon request, evidence to confirm compliance with the requirements of the Code, this Member Agreement or to substantiate any Credit Information disclosed to Shark Patrol by the Member.
6.3 The Member must take appropriate measures, including the following, to safeguard the Credit Information held by Shark Patrol against improper access:
a) develop written policies and procedures to be followed by its employees, agents and contractors;
b) establish controls, including;
- i) the use of passwords, credential tokens or other mechanisms; and
- ii) user identification;
c) provide information and training to ensure compliance with the policies and controls;
d) monitor usage and regularly check compliance with the policies and controls; and
e) take appropriate action in relation to identified breaches of the policies and controls.
6.4 The Member must promptly cooperate with Shark Patrol in its efforts to undertake a systematic review of the effectiveness of the policies, procedures and controls in place under this Member Agreement.
RULES OF CONDUCT
7.1 The Member may only use the Site and Services for lawful purposes in accordance with the General Terms and Conditions of Use and Privacy Policy.
7.2 In addition the Member will not post or transmit via any Database, service or any forum (including when contacted by another Member regarding a report about a Customer) any message, information, data, text, files, links, software or other materials that:
(a) relates to a Customer who has not authorised any Credit Information to be collected or disclosed to Shark Patrol; or
(b) the Member knows or suspects to be false, misleading, inaccurate, out-of-date or incomplete.
8. FEES
8.1 The Member will pay, (see Pricing Schedule for actual fees)
(a) A one-off joining fee
(b) An annual and /or monthly fee
(c) Service fees, where applicable
8.2 Shark Patrol may alter the fees from time to time in its discretion. Any new or altered fees will apply from the date on which they are published on the Site.
9. CREDIT INFORMATION MANAGEMENT
9.1 Shark Patrol will endeavour to review all communications or Credit Information uploaded to the Site, but will not be responsible for the Credit Information, quality, or consequences of uploading or downloading such communications or Credit Information
9.2 Shark Patrol reserves the right to delete, move or edit any communication or Credit Information that it may determine, in its sole discretion, is unacceptable. The Member will remain solely responsible for all communications made under its Member Name. Shark Patrol has the right but not the obligation to correct any errors or omissions in any Credit Information, as it may determine in its sole discretion.
10. VARIATION
Shark Patrol reserves the right to change any of the terms of this Membership Agreement at any time. If changes are made to this Membership Agreement, a notice will be published on the Site. The hyperlink next to the Members' sign-in page will also be date stamped to show the last time this Membership Agreement was changed. The Member's continued use of the Members' sections of the Site after such notice will constitute the Member's acceptance of the amended terms of this Membership Agreement.
11. TERMINATION
11.1 This Membership Agreement is effective until terminated. The Member may terminate this Membership Agreement on giving one month's notice by completing and submitting to Shark Patrol the termination form available on the website or by such other means of written notice acceptable to Shark Patrol as enables confirmation of the Member's identity and the Member's intention to terminate this Membership Agreement.
11.2 Shark Patrol may on giving one month's notice to the Member, terminate that Member’s Membership Agreement where:
(a) the Member fails to pay any subscription renewal fees within 30 days of the date of renewal
(b) the Member, as a Customer of other Members, is the subject of Credit Information submitted to the Database in respect of three or more overdue payments;
(c) the Member fails to provide authorisations for more than two Customers when checked by Shark Patrol; or
(d) as a result of adverse reports being made on the Member by other Members, which upon investigation by Shark Patrol, indicates the Member is not acting in a manner consistent with this Membership Agreement, or the principles upon which Shark Patrol was established.
11.3 Shark Patrol may terminate a Member’s Membership Agreement immediately if that Member breaches a material term of this Membership Agreement and does not remedy such breach (if capable of remedy) within fourteen days of receipt of notice from Shark Patrol specifying the breach and requiring it to be remedied.
11.4 Where the Member's membership is terminated all Credit Information supplied by that Member about all Customers will be deleted.
11.5 Termination of this Membership Agreement does not relieve the Member of its obligation to pay any amounts due to Shark Patrol or the Member's other obligations under this Membership Agreement.
11.6 Termination of this Membership Agreement will be without prejudice to Shark Patrol's rights, defences and limitations of liability provided under this Membership Agreement, which will survive termination of this Membership Agreement.
12. INDEMNITY
The Member indemnifies Shark Patrol and its affiliates, and their respective directors, officers, employees, shareholders, partners, licensors and agents (collectively, the “Shark Patrol Parties”) against all claims, liability, losses, costs and expenses (including lawyers' fees on a solicitor and client basis) incurred by any Shark Patrol Party in connection with: (i) any use or alleged use of the Database under the Member Name by any person, whether or not authorised by the Member; (ii) anything resulting from any communication made or Credit Information uploaded under the Member Name; or (iii) any breach by the Member of this Membership Agreement.
13. LIABILITY
13.1 The Site, including the Database and any Credit Information contained on or downloaded from the Site, is provided “as is” without representation, warranty or condition of any kind, either express or implied. Shark Patrol does not represent or warrant that the Site or the Credit Information will meet the Member's requirements or that use will be uninterrupted or error free.
13.2 Shark Patrol does not represent or warrant that the Site or any Credit Information available through the Site will be free of viruses or similar contamination or destructive features.
13.3 The Member assumes all responsibility and risk for use of the Site including any of the Credit Information or other information contained therein.
13.4 In no event will any Shark Patrol Party be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for defamation, loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this Membership Agreement, including the Member's use of, reliance upon, access to, or exploitation of the Site, the Credit Information or the Database and any part thereof, or any rights granted hereunder, even if Shark Patrol has been advised of the possibility of such damages, whether the action is based in contract, tort (including negligence), infringement of intellectual property rights or otherwise.
13.5 Insofar as Shark Patrol may be liable notwithstanding the above, then to the extent permitted by law, the total liability of Shark Patrol whether in contract, tort (including negligence) under statute or regulation or otherwise for any loss, damage or injury arising directly or indirectly from any defect in the Site or any failure in respect of the Credit Information or any breach of Shark Patrol's obligations to the Member is limited to $500.
14. TERMS OF USE/PRIVACY POLICY
14.1 The Member agrees to comply with any standard General Terms and Conditions of Use on the Site.
14.2 Shark Patrol may use any information gathered about the Member in accordance with any Privacy Policy on the Site.
15. LAWS OF NEW ZEALAND
15.1 The Site is controlled, operated and administered by Shark Patrol in Auckland, New Zealand. The Site can be accessed across New Zealand, and overseas. As each country has laws that may differ from those of New Zealand, the Member acknowledges that this Membership Agreement will be governed under the laws of New Zealand and submits to the exclusive jurisdiction of the New Zealand Courts.
15.2 If Shark Patrol issues proceedings to enforce any of its rights, or to collect any fees, the Member will reimburse Shark Patrol for its legal fees, costs and disbursements.
16. GENERAL TERMS
16.1 Shark Patrol's failure to insist upon or enforce strict performance of any provision of this Membership Agreement will not be construed as a waiver of any provision or right.
16.2 If any term of this Membership Agreement is void, that term will be severed from this Membership Agreement and replaced with a provision which validly and enforceably accomplishes to the extent possible the commercial object of the provision and the remainder of this Membership Agreement will remain enforceable.
16.3 The Member may not assign its rights or obligations under this Agreement without the prior written consent of Shark Patrol.
17. NOTICES
Any notice to be given in terms of this Membership Agreement must be in writing made by email transmission sent to the last known email address of the intended recipient. Any communication by email will be deemed to be received when transmitted to the correct email address of the recipient.
18. ACKNOWLEDGEMENT
By clicking on the 'I Accept' button the Member accepts this Membership Agreement on the above terms. If at any time the terms of this Membership Agreement are no longer acceptable to the Member, the Member should immediately cease use of the membership portions of the Site. This Membership Agreement supersedes any prior agreement, or other communication with Shark Patrol relating to the subject of this Membership Agreement.
20. CONTACT
Any concerns relating to the Site or this Membership Agreement, should be raised with Shark Patrol Limited:
P.O.Box 340 222, Birkenhead, North Shore, Auckland 0746
Telephone: 0800 No Sharks (0800 667 427)
Facsimile: 09 418 5185
Email: Via our Contact Us page.
Membership Agreement last updated: 30 March 2012
Related Pages
Terms and Conditions
General Terms and Conditions of Use of the Shark Patrol website
Membership Agreement
Please read this Membership agreement carefully before using the Site and any Service.
Membership Packages
There are currently two membership packages which offer different benefits depending on your usage
Pricing Schedule
Shark Patrol is easy to join and inexpensive to use
Privacy Policy
Your rights while using our services including the protection of your privacy are important to us.
Contact Information
Telehone: 0800 667 427
Facsimile: 09 418 5185
Skype: shark-spotterAddress: P.O.Box 340 222,
North Shore City, Auckland 0746Or email us via our contact page
