Terms and Conditions
MVS NZ DOCUMENT SERVICES LIMITED
A. Document Delivery Service Only
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We are not a government department, agency or other authority. We are a privately owned company that charges for the obtaining of and delivery of documents and by application to us for any of our services you accept our services subject to these Terms and Conditions
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We do not provide advice as to what documents you may require complying with any legislative requirements applicable to you, or what authentication requirements might be imposed on any documents supplied by us to you. You should rely on your own advice in respect of these matters.
B. Timing of delivery of documents
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You are solely responsible for the accuracy and completeness of all information provided to us when you request any service from us. We are not liable to you for delays in obtaining of or delivery to you of required documents which are caused by your failure to provide all required information, or any illegibility of information or documents supplied by you.
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We undertake that on receipt from you of all required fees, all information and documents required by us from you in a clear, complete and legible form, and your instructions to order documents, we will as soon as reasonably practicable following receipt apply for the required documents.
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We are highly experienced in obtaining documents from authorities and agencies and, based on our past experience, we may give you an indication of the anticipated time to delivery of any documents required. However, time to delivery of documents after order is dependent on a number of factors over which we have no control. Therefore we can give you no warranty that any required documents will be supplied to you by any date or within any time frame and we are not liable to you for delays in delivery of any required documents for any reason including (but without limitation) Covid-19 issues, courier delivery dates, agency delays, and overseas or New Zealand public holidays or delays by any relevant authority. On reasonable request, we will liaise with the relevant agencies and authorities and provide you with a status update in relation to your application for documents, but we reserve the right to charge additional fees to you to do so.
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You should ensure that you apply to us for any documents as early as possible prior to any date that might be critical to you. We strongly recommend that you do not book flights, set wedding dates, seek new employment or make any other plans which are reliant on receipt of documents ordered by you through us until those documents have been received by you.
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We are not liable to you for any act or failure to act if the act or omission arises from any cause beyond our control. These events may include (but are not to be limited to) acts of God, strikes,
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lockouts, pandemics, riots, acts of war, pandemic or virus lockdowns, earthquakes, floods, fire, communication line failures, power failures, or computer or processing system failure.
C. Nature of document supplied
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We order documents, and any authority providing the documents supplies them, based solely on the accuracy and completeness of information provided by you. We will provide the information supplied by you to us to the relevant authority. Once that information is supplied to the relevant authority, we have no further liability to you for the accuracy of the documentation supplied by the relevant authority. No refund will be given should any authority provide an incorrect or illegible document, a document containing typographical errors, a document relating to a person with the same or similar name, or a declination to supply any required document by the authority or agency (whether or not reasons are given for that declination).
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Should a document issued by an authority or agency be inaccurate, incomplete or incorrect in any manner, you agree that, in respect of any new or revised application you wish us to make, we may require payment of a new application fee. For example, in the event of a declination, or request for information that you are not willing to supply, we may be willing (at our option) to refund 50% of any application fee that you have paid us.
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We give no warranty that any relevant authority or agency will on receipt of information requested by us and supplied by you require no further information to process any application we make at your request for information or required documents. On occasion authorities and agencies may require further information or in-person affidavits at locations remote to you. By these Terms and Conditions you acknowledge that these matters are out of our control, and that if you wish to us to progress your application further, you may be required to pay further application fees or incur further expenditure not included in the initial application fee paid by you.
D. Refunds and Liability
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The greater part of the fees that you pay to us are disbursements we incur to provide the services to you and are paid to third parties such as authorities, agencies or couriers. We therefore do not give refunds after an application for our services has been made. In some limited circumstances we may be willing at our sole discretion to offer a partial refund or credit.
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We do not use regular post and while we make every effort to ensure the security of any original documents by the use of reputable couriers only, we are not liable to you for any loss during transit. We may use on-line facilities for delivery of applications and receipt of certain documents. We are not liable to you for any loss during transit of such information or documents.
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We are not liable to you for any consequential loss, loss of opportunity or business, indirect or special loss of any kind, any loss caused by scamming or other unlawful interference in any electronic communications, or anything for which you are liable or responsible under these terms and conditions. Any residual liability we may have to you is limited to the amount paid by you in respect of the application fee.
E. Entire Agreement
These terms and conditions constitute the entire agreement between you and us in relation to the services you request us to provide to you and they supersede any other representations, agreements or understandings whether spoken or in writing in respect of or in connection with the services provided to you at your request.
F. Privacy Act
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You consent to us storing your personal information electronically and supplying such information about you to any authority or agency as may be required in order to provide the services to you, including any personal information supplied by or requested in respect of services provided by any agent or advisor engaged by you. Subject to the terms and conditions above relating to inaccurate or incomplete information supplied by you, you are entitled to access and correct personal information provided to us.
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We are not liable for any breach of privacy of any third party.
G. Advisors and Agents
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In these Terms and Conditions, where relevant, “you” includes you, and in respect of any services we are engaged to provide to you, any person in respect of whom you seek information.
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In respect of any person in respect of which you engage or propose to engage our services (that person) you warrant that you are authorized to:
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request us to obtain information, and to make and respond to enquiries to and from agencies and authorities in respect of that person;
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disclose personal information to us in respect of that person; and
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receive personal information procured by us at your request in respect of that person.
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H. Anti-virus measures
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You are responsible for maintaining anti-virus measures commonly in place from time to time. We are not responsible for loss or damage caused by your failure to provide and maintain adequate anti-virus measures.
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You are responsible for ensuring that you do not transmit across or submit to us any material, data or information that:
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infringes the intellectual property rights of any person;
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is obscene, offensive, upsetting, defamatory, or unsuitable for people under the age of 18 years; or
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breaches the Fair-Trading Act 1986 or any other statute, regulation or rule of law.
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I. New Zealand law
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The agreement between you and us is to be construed and governed by New Zealand law.
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You agree to submit any dispute arising under or in connection with these terms and conditions to the jurisdiction of the New Zealand Courts.