- This Exchange and Cancellation Policy does not limit a consumer’s rights under Australian Consumer Law.
- In this policy, “client” refers to the individual or corporate user who has paid for the relevant service.
- Subject to paragraph 7 below, if CVCheck chooses to reimburse a client in respect of any cancelled order, the reimbursement provided to the client will be in the form of a voucher or credit note redeemable for CVCheck services for up to 12 months. A voucher will be provided in relation to orders paid for by credit card. A credit note will be provided in relation to orders paid for on account.
Cancellation by client
- CVCheck checks are put into progress once an order is submitted and the relevant purchase price has been paid by the client. If a check is put into progress, then CVCheck is irrevocably committed to incurring charges payable to third party suppliers and associated processing costs. Unless exceptional circumstances apply, if a client cancels a check after the check is put into progress, no refund or credit will be provided.
- CVCheck may at its discretion provide a credit for some or all of the cost of check after it has been cancelled if:
• the check has not been put into progress; or
• exceptional circumstances apply.
- If a client cancels an order after being advised by CVCheck that:
(a) the service requested by the client is no longer available; or
(b) CVCheck refuses to accept or execute the order,
then CVCheck’s usual policy is to provide a credit for the full order price paid by the client.
- In all other circumstances, if CVCheck chooses to reimburse the client, CVCheck at its sole discretion will provide to the client either a voucher or credit note for the value of the purchase price paid by the client after deducting reasonable charges for:
(a) the administrative costs of processing and effecting the request for a refund; and
(b) work undertaken by CVCheck in attempting to provide the service requested before the request was cancelled.
If CVCheck is unable to provide a voucher or credit note, it may provide a refund less the amounts specified in paragraphs (a) and (b).
- The reasonable charges to be deducted in accordance with paragraph 7 will be determined at the time of issuing the refund having regard to all relevant and available information.
- If the reasonable charges to be deducted in accordance with paragraph 7 exceed the purchase price paid by the client, CVCheck will advise the client that the refund amount is nil, no credit or refund will be provided and no further charges will be sought from the client in respect of the order.
Cancellation by CVCheck
- If CVCheck has made ongoing efforts to complete an order, but remains unsuccessful for a period of:
(a) 20 business days in respect of a check in Australia or New Zealand; or
(b) Three months in respect of a check in any other country,
then CVCheck reserves the right to cancel the order. If CVCheck cancels an order in these circumstances, it will be deemed that the cost of the work undertaken in attempting to provide the service requested exceeds the purchase price paid by the client and no refund will be payable. No further charges will be sought from the client in respect of the order.
- If an order remains incomplete after a period of 12 months from when it was placed, then CVCheck may, in its absolute discretion, cancel the order. If CVCheck cancels an order in these circumstances, it will be deemed that the cost of the work undertaken in attempting to provide the service requested exceeds the purchase price paid by the client and no refund will be payable.
Who may cancel an order
- In the case of a direct order placed by an applicant, the applicant may cancel the order in accordance with this policy.
- In the case of an order placed by a corporate user:
(a) the corporate user is the client and may cancel the order in accordance with this policy;
(b) if, prior to completion of the order, the applicant advises CVCheck in writing that he or she withdraws his or her consent to the order, CVCheck will suspend the order and notify the corporate user as soon as possible. If the corporate user then chooses to cancel the order, this policy will apply. If subsequently the order has not been cancelled and the applicant advises CVCheck in writing that he or she consents to the order, CVCheck will put the order back into progress.
- In the circumstances detailed in paragraph 10 or 11 above, CVCheck may cancel an order in accordance with this policy.