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The CheckMEND Charter

Overview

This charter is a voluntary scheme, open to trade users of CheckMEND who agree to abide by its principles.

The goals of the charter are simple:

  • To protect consumers and actively assist law enforcement agencies in combating theft and fraud crime related to consumer electronics;
  • To establish an industry-led set of best practices designed to deter and prevent the trade of stolen consumer electronics;
  • To be simply stated in plain English;
  • To ensure that all observing members operate consistently;
  • To avoid consumer confusion and frustration;
  • To be easily implemented by any used-goods trader regardless of business model.
Benefits

Compliance with the charter confers the following benefits over and above those realised by the user of CheckMEND alone:

  • CheckMEND Certificates generated from a Charter member's account will contain additional branding making it clear that the member complies with the charter requirements, differentiating these from certificates generated by non-Charter users.
  • The right to use the CheckMEND Charter Logo in addition to or in place of the normal permitted CheckMEND logo that may accompany online listings of product for sale that has been handled in a charter compliant manner.
  • The right to use the CheckMEND Charter Logo on a Charter member's website and in marketing and promotional materials.
Requirements

Charter Members must do the following:

  1. Take reasonable steps to ensure the seller is aware of the Charter conditions using substantially the same wording in APPENDIX A or an accurate translation of the same.
  2. Conduct a CheckMEND check of a device PRIOR to paying the seller.
  3. When a device fails a check, quarantine it to allow its reliable retrieval in the future if claimed by an Approved Body or return it to the seller.
  4. When a device is quarantined, promptly notify the seller that their device has been quarantined and advise of a clear support process to allow them to dispute its status. See Appendix B for recommended support process.
  5. If the seller is present at the time the device fails the check, hand it back to the seller simply stating that your system says you cannot accept it. If the seller wishes to know the reason for the rejection you must advise of a clear support process to allow them to dispute its status.
  6. Permit an Approved Body to collect the device in person at no cost at a mutually agreeable time. Other collection methods should be by negotiation with the Approved Body concerned.
  7. Maintain accurate records at all times so you may assist Law Enforcement Agencies to know how a quarantined device moved through your hands and where you returned it to. Always obtain a receipt for any device you pass on to an Authorised Body.
APPENDIX A

Charter members must use appropriate methods to ensure that the seller has a clear opportunity to read and indicate their understanding of the following.

“Your device will be checked for the presence of loss or theft reports, insurance claims and network blocks and possibly other records. In the event your device has been flagged, it will be retained without payment for up to 30 days to allow an Approved Body (authorized law enforcement agency, insurer, carrier or other body that registers an interest) to reclaim it or for you to clear the status of the device thus providing evidence of your title. If the device is claimed by a law enforcement agency, information regarding this transaction, including information you provided to us, may be reported to law enforcement as required by applicable law. If claimed by another Approved Body or returned to you, the data on the device will be wiped in accordance with original equipment manufacturer standards.”

APPENDIX B

Ensuring a clear support process.

Members are encouraged to provide the email address support@checkmend.com to sellers who wish to dispute the status of their device. Our support team have access to the underlying records and have lots of experience dealing with this. There are no additional CheckMEND charges if you wish to do this.

Alternatively, members may implement their own support process however they wish. In this case it will be necessary for your support team to email support@checkmend.com and raise the ticket, and answer the questions of our support team by essentially relaying between us and your customer. We understand there are good brand protection reasons why you may wish to do this despite the extra work involved. We advise that as a very first step you obtain the device serial numbers and also your customer’s explicit permission to share their name and address details with ourselves, law enforcement, insurers, finance houses and carriers if that is necessary in order to get their status cleared. The simple act of seeking this permission is usually enough to scare the fraudulent or dishonest seller from pursuing the issue but you should be sympathetic to genuine persons who may need to understand why this is necessary.

Please understand that we cannot remove police records from our systems without confirmation from the originating agency and we cannot unblock or otherwise affect the status of phones with the carriers. This will require the customer to contact the carrier. With insurers and finance houses we have relationships that mean we can often help.