The following Terms and Conditions relate to the sale and supply of Products and Services (also referred as Business Reports herein) by Sinocheck Services Sdn. Bhd. (a private limited company registered with the Companies Commission of Malaysia under Company No. 1199018-K), its subsidiaries, affiliates, divisions, contractors and all data sources and suppliers all of which are referred to herein as "Sinochecks". Sinochecks intend to rely on these Terms and Conditions and it is Sinochecks' intention that the customer will be legally bound by them when the customer uses Sinochecks’ Website and Services. The customer should read these Terms and Conditions carefully before using Sinochecks’ Website and Services for its own benefit and protection.
Use of the Products
The customer must use the Business Reports obtained from Sinochecks for internal business purposes only. The customer is responsible for ensuring the Business Reports ordered are appropriate for their intended use. It may be used as one of the factors in business decision making but should not be the sole criteria used to determine a Subject’s eligibility for credit or otherwise.
Sinochecks’ risk rating shows the overall position of the Subject company within a six (6) level risk scale. Unless otherwise indicated, all risk ratings furnished in the Business Reports are prepared by Sinochecks and make use of the Sinochecks Scoring Model, Business Credit Risk Assessment ("BCRA") which is a proprietary credit scoring model developed by Sinochecks. The risk ratings are solely statements of opinion to help the customer understand how some lenders may evaluate business and credit risk of a Subject company. Therefore, it shall not be taken as a statement of fact under circumstance. Nothing in any of Sinochecks’ Business Reports determine the qualification of a Subject company for a loan, or any other extension of credit.
Processing and Delivery Time
Business Reports are delivered to the customer electronically via e-mail in the form of PDF. The team at Sinochecks works 365 days per year to ensure timely delivery of business reports. However, in rare cases, the completion and delivery of business reports may be delayed beyond the stipulated delivery time. Turnaround times may be subject to delays under circumstances beyond Sinochecks’ control, which include: (a) temporary unavailability of online resources; (b) difficulties in identifying the Subject; (c) public holidays & non-business days in the country where the Subject resides leading to unavailability to contact the Subject company to obtain necessary information to proceed with investigation. In the event of any unavoidable delays, Sinochecks will notify the customer once a situation which might lead to any delay is identified. However, if Sinochecks deem the delay is due to the negligence of its part, Sinochecks will downgrade the price to the next available delivery speed. In the event that an order is past its due date and the customer have yet to receive a completed Business Report, the customer should e-mail us at [email protected] and Sinochecks will resolve the issue immediately.
The customer shall provide such information and assistance as is reasonably required by Sinochecks to conduct and/or proceed with its investigation. In order to ensure a smooth investigation, the customer is advised to provide full details about the Subject (i.e. Company name – English and/or Chinese, country of residence, business address, telephone number and registration number). In the event the customer does not have the full details, simply provide as much information available, Sinochecks will locate similar named companies from respective registration bureau and allow the customer to choose the correct Subject.
Exclusion of Assurances
The information which Sinochecks relies upon to complete the Business Reports are obtained from publicly available and confidentially provided information from registration bureau, government and professional records in their respective countries, media and business publications, key informant within the Subject company, various third party reports and/or professional opinions which Sinochecks reasonably believes to be reliable. In most cases, it is safe to rely on the accuracy of data from public record offices. However, there may be a time lag between the occurrence of a sudden changed corporate event and the recording of such data in the public record offices that would lead to possible inaccuracy of information. Sinochecks assumes no obligation to undertake independent verification of any confidentially provided information it receives and does not guarantee the accuracy, completeness and timeliness of such information. Analysts at Sinochecks use their experience and best judgment to discount any information that prove in any way to be misleading or out of date. Although all due care is taken to ensure the accuracy of information provided, Sinochecks cannot guarantee with absolute finality the validity or accuracy of the information presented. Sinochecks shall have no liability for any inaccuracies, errors of omissions with respect to the information presented or contained in the Business Reports, regardless of the source or cause of any such errors or omissions. However, the customer is encouraged to inform Sinochecks of any possible inaccuracies and Sinochecks will reinvestigate the matter immediately at no extra charge.
Pricing and Payment
The prices on the Website may change from time to time. However, Sinochecks will notify all existing customers in advance of any price changes by e-mail at least thirty (30) days in advance. The prices indicated on the Website and all invoices are inclusive of all taxes, including VAT, GST and sales tax. All payments taken will be in US Dollar. The customer may place its order on Sinochecks’ Website and proceed to pay with credit card or Paypal through the Website.
Subject Company Unidentified and Refunds
In the event that a Subject company cannot be located or identified, Sinochecks will issue a “No-Trace” report and charge a nominal fee of US$10 to cover any expenses incurred. The balance will be refunded to the customer. However, if extra details about the Subject company is provided subsequently and Sinochecks is able to complete and deliver the Business Reports to the customer, the customer will be charged the full price less the nominal fee paid to Sinochecks. Refunds will not be issued to the customer once the Business Reports are completed and delivered.
All Intellectual Property Rights in the Business Reports shall be retained by Sinochecks. This material includes, but is not limited to, the content, design, custom graphics, images, logo and layout. The customer shall comply with reasonable request from Sinochecks to protect its right in the Business Reports and shall not reproduce or copy the Business Reports except as provided in these terms and conditions.
In the case of an event of force majeure, Sinochecks shall notify the customer thereof in writing, stating the cause, nature and expected duration of the event and the provisions of the contract which it will not be possible to perform as a result. However, Sinochecks shall not be liable for any breach the cause of which does not lie with Sinochecks, and for which it is not accountable by statute or pursuant to generally accepted standards.
LIMITATION OF LIABILITY
INFORMATION AND PRODUCTS OR SERVICES OFFERED ARE PROVIDED ON AN "AS IS", “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SINOCHECKS' AGGREGATE LIABILITY TO THE CUSTOMER IN RESPECT OF EACH CONTRACT IS LIMITED TO THE TOTAL AMOUNT OF CHARGES PAID OR PAYABLE BY THE CUSTOMER IN RESPECT OF THE CONTRACT CONCERNED. NOTWITHSTANDING THE ABOVE PROVISION, SINOCHECKS SHALL NOT BE LIABLE TO THE CUSTOMER FOR LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF SINOCHECKS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.