Terms and Conditions

Identity of the service provider

ReferenceCheck MX is a service rendered by SERVICIOS NUNVAZ, S.A. DE C.V., with registered address at Av. Baja California 274, Floor 2-B, Col. Hipódromo, Cuauhtémoc Borough, Mexico City, Zip Code 06100, and contact information at info@referencecheck.mx and +52 55 4000 1361.

These Terms and Conditions govern access, browsing, requests, contracting, and use of the services offered through the website www.referencecheck.mx and/or through any electronic, telephone, or documentary means enabled by ReferenceCheck MX.

Acceptance

By accessing the website, requesting information, obtaining a quote, contracting, paying for, or using any service of ReferenceCheck MX, the user and/or client accepts these Terms and Conditions. When contracting is carried out through electronic means, the parties acknowledge the validity of data messages, electronic communications, confirmations, acceptances, service orders, consents, and digital documents related to the provision of the service, in accordance with applicable law.

Definitions

• Client: individual or legal entity that requests or contracts the services.
• Data Subject: individual whose personal data is subject to inquiry, validation, or verification.
• Service: document validation processes, verification of personal, employment, commercial, academic, residential, and identity references, legally permitted background checks, and other services offered by ReferenceCheck MX.
• Site: the website, forms, platforms, emails, and electronic means of ReferenceCheck MX.

Purpose of the service

ReferenceCheck MX provides services for the collection, validation, cross-referencing, and verification of information provided by the Client or by authorized, public, private, or reference sources, according to the specific scope contracted.

The services are intended for informational purposes, to support selection, evaluation, onboarding, risk prevention, and know-your-client, know-your-supplier, know-your-associate, or know-your-third-party processes, as applicable.

Nature and scope of results

Reports, opinions, validations, findings, or results issued by ReferenceCheck MX:

• a) are prepared based on the information available at the time of the inquiry;
• b) depend on the truthfulness, currency, availability, and responsiveness of the sources consulted;
• c) do not constitute an absolute guarantee regarding the present or future conduct of any person;
• d) do not replace the Client’s judgment, analysis, internal policies, hiring procedures, compliance, or due diligence; and
• e) do not constitute legal, tax, financial, labor, or security advice.

Client requirements

The Client represents and warrants that it:

• a) has sufficient authority to contract;
• b) will provide truthful, complete, and up-to-date information;
• c) has a legal basis, consent, authorization, or valid instruction from the data subject when required by law or the nature of the service;
• d) will use the services solely for lawful purposes; and
• e) will not request investigations, verifications, or data processing prohibited by applicable law.

Personal data protection

The processing of personal data by ReferenceCheck MX shall be subject to its Privacy Notice, available at www.referencecheck.mx/aviso-de-privacidad.html.

The Client acknowledges that, where applicable, it acts as the data controller for the personal data it provides to ReferenceCheck MX, and undertakes to:

• have informed the data subject about the corresponding processing;
• have obtained consent where required; and
• refrain from providing excessive, unnecessary, or restricted-category data without a sufficient legal basis.

Consent and authorizations

When required by the nature of the service, the Client must obtain from the data subject an express, prior, and informed authorization to carry out the corresponding verification.

ReferenceCheck MX may request documentary evidence of such consent or authorization and may suspend or refuse services when it detects a lack of legal or documentary support.

Information sources

ReferenceCheck MX may base its processes on:

• information provided by the Client;
• information provided by the data subject;
• personal, employment, commercial, or academic references;
• documents submitted for validation;
• databases, registries, or public or legally accessible sources;
• authorized third parties for information validation.

The Client accepts that the outcome of a verification depends on the availability, willingness, and responsiveness of such sources.

Permitted use of the service

The Client undertakes to use the website and services in a lawful and ethical manner. The following is prohibited:

• a) using the information for unlawful discrimination;
• b) impersonating another individual or providing false data;
• c) requesting services without authorization or legal basis;
• d) reselling, assigning, or commercially exploiting reports without written authorization;
• e) breaching the security of the website;
• f) using the platform for unlawful, fraudulent, harassing, or undue invasion-of-privacy purposes.

Contracting, pricing, and payment

Prices, packages, scope, timelines, and deliverables shall be as indicated in the applicable quote, commercial proposal, service order, checkout, or confirmation. Unless otherwise agreed:

• prices are expressed in Mexican pesos;
• they do not include taxes, unless expressly stated;
• the service begins once payment or the service order is confirmed, as applicable;
• charges for services already initiated, performed, or involving management costs are non-refundable.

Delivery times

Delivery times are estimates and may vary due to:

• lack of information or documents;
• absence of response from references or sources;
• errors in data provided by the Client;
• additional validations;
• causes beyond ReferenceCheck MX’s control.

A reasonable delay due to causes not attributable to ReferenceCheck MX shall not constitute a breach.

Client obligations regarding reports

The Client undertakes to:

• use the reports confidentially and solely for the authorized purpose;
• safeguard the information with adequate security measures;
• not alter or take the results out of context;
• not disclose the contents to unauthorized third parties;
• not make automated or definitive decisions without human assessment when regulations or the nature of the case advise against it.

Confidentiality

All commercial, operational, documentary information, or information contained in reports shall be treated as confidential, except for information that is public or must be disclosed by legal mandate.

The Client and ReferenceCheck MX undertake not to disclose confidential information to third parties, except to their personnel, advisors, or agents who need to know it for the operation of the service and are subject to confidentiality obligations.

Limitation of liability

To the fullest extent permitted by law, ReferenceCheck MX shall not be liable for:

• a) hiring, rejection, retention, credit, partnership, or business decisions made by the Client;
• b) acts or omissions of the data subject, candidate, employee, client, supplier, or evaluated third party;
• c) false, incomplete, outdated, or unverifiable information provided by third parties;
• d) indirect or consequential damages, lost profits, loss of opportunity, reputational harm, or third-party claims arising from the Client’s use of the reports;
• e) reasonable website interruptions, maintenance, internet failures, or third-party system failures.

Disclaimer of warranties

The website and services are offered, to the extent applicable, on an “as available” basis. ReferenceCheck MX does not guarantee uninterrupted availability of the website or the complete absence of errors.

Intellectual property

All distinctive signs, trademarks, trade names, designs, methodologies, databases, texts, content, software, formats, and elements of the website are the property of ReferenceCheck MX or their legitimate owners.

The Client does not acquire any intellectual property rights through the use of the website or the contracting of services.

Preservation of information and data messages

The parties acknowledge that communications, acceptances, orders, and electronic records related to contracting may be preserved as data messages and shall have evidentiary value in accordance with applicable law.

Cancellations and refunds

Cancellations must be requested in writing. Full or partial refunds shall not apply when:

• the service has already been initiated;
• management actions, inquiries, calls, validations, or costs have been incurred;
• the Client has provided incorrect or insufficient data;
• the inability to complete the service results from lack of cooperation by the Client or the data subject.

If a service cannot be performed due to causes exclusively attributable to ReferenceCheck MX, rescheduling, account credit, or a refund may be offered, as applicable.

Suspension or refusal of service

ReferenceCheck MX may suspend, restrict, or refuse any request when:

• there are indications of unlawful use;
• consent or sufficient legal support is lacking;
• a risk related to privacy, fraud, or security is detected;
• the request violates these Terms and Conditions or applicable law.

Third-party links

The website may contain links to third-party sites. ReferenceCheck MX does not control and is not responsible for their content, policies, or practices.

Amendments

ReferenceCheck MX may amend these Terms and Conditions at any time. Amendments shall take effect upon publication on the website, unless a different date is specified.

Governing law and jurisdiction

These Terms and Conditions shall be governed by the applicable laws of the United Mexican States. For the interpretation and enforcement of these terms, the parties submit to the jurisdiction of the competent courts of Mexico City, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.

Contact

For any questions regarding these Terms and Conditions: