NEW ZEALAND POST DATA | ID NUMBER 200949
• GBG hosts the Supplier Data
• No Sub-processors used
The data that GBG uses to provide New Zealand Post Data supplied by GBG’s Data Supplier, New Zealand Post Limited. GBG is obliged under the terms of its agreement with its Data Supplier to ensure that all End Users agree to comply with the following provisions:
1. USE OF THE SUPPLIER DATA AND END USER OBLIGATIONS
1.1 The End User (and any of its agents or subcontractors) may only use the Supplier Data in accordance with the Agreement, for the End User’s internal business purposes, and only as part of or in combination with the Service provided by GBG.
1.2 If the Agreement permits any of the End User’s agents or subcontractors to have access to the Supplier Data, the End User must procure that those agents and subcontractors comply with these terms and the General Terms.
1.3 The End User must not remove or tamper with any disclaimer or copyright notice attached to or used in relation to the Supplier Data.
1.4 The End User has no right to use any of the trademarks, business names or logos of the Data Supplier.
1.5 The End User must not at any time:
(a) copy, reproduce, publish, sell, let, modify, extract or otherwise part with possession of the whole or any part of the Supplier Data or relay or disseminate the same to any other party;
(b) other than as permitted under section 1.2 above, provide the Supplier Data to (or allow the provision of the Supplier Data to, or access to the Supplier Data by) any agents or sub-contractors of the End User without the prior written consent of the Data Supplier; or
(c) sub-licence all or any part of the Supplier Data to any person, or purport or attempt to do so, in each case, unless expressly permitted otherwise by the Data Supplier in writing.
1.6 The End User may make a reasonable number of back-up copies of the Supplier Data for security purposes. The End User may only use such back-up copies for archive retention or retrieval purposes, and only during the term of the licence.
1.7 The End User must not make any representation, claim or statement relating to the Supplier Data being approved, recommended or endorsed by the Data Supplier, do anything similar, or imply that such is the case, unless the Data Supplier has expressly given its prior written consent to the form and content of such claim.
1.8 The End User must ensure that its personnel, agents and sub-contractors comply with these terms and the General Terms.
1.9 The End User acknowledges that the Data Supplier does not warrant that the Supplier Data will be free from errors, omissions, inaccuracies, viruses or other destructive code, or that the Supplier Data will be fit for the End User’s purpose or for use in any specific technical environment.
1.10 On receipt of any update to any Supplier Data, the End User must as soon as practicable cease use of any previous version of the Supplier Data (and must in any event cease such use by the end of the terms of the licence) and commence use of the update.
1.11 The End User must keep the confidential information of the Data Supplier, including the Supplier Data, confidential.
1.12 The End User agrees to the provisions of clause 3.2 below.
1.13 The End User agrees and represents that it is acquiring the Supplier Data for the purposes of a business and that the Consumer Guarantees Act 1993 (New Zealand) does not apply.
2. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
2.1 GBG does not use Sub-processors to provide this element of the Service as the Supplier Data is hosted by GBG.
2.2 The End User must comply with the requirements of the Privacy Act 1993 and any other applicable law or regulations relevant to its possession or use of the Supplier Data, and must ensure that its use of the Supplier Data is not inconsistent with the registration of the Data Supplier under the Postal Services Act 1998.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 The End User agrees that all Intellectual Property Rights in the Supplier Data remain the property of the Data Supplier or its licensors.
3.2 The End User acknowledges and agrees that Land Information New Zealand (“LINZ”) and the Crown hold absolutely and exclusively certain material which has been licensed to the Data Supplier and incorporated into the Supplier Data, and that LINZ and the Crown do not assign any copyright or other intellectual property rights in such material either to the Data Supplier, GBG and/or the End User. The End User further acknowledges and agrees that LINZ and the Crown shall not, in any circumstances, be liable for any loss or damage (even if LINZ or the Crown has been advised of the possibility of such loss or damage, and including, without limitation, any direct loss, indirect loss, consequential loss, loss of profits, business interruption loss or loss of data) suffered by the End User or any other person in connection with this Agreement. In the event that any exclusion of the liability of LINZ or the Crown set out in this clause is inapplicable, or is held unenforceable, the liability of each of LINZ and the Crown under or in connection with this Agreement, or arising out of any use, reproduction, modification, or creation of compilations or derivative works of or from the Supplier Data (by the End User or any other person), whether that liability arises in tort (including negligence), equity or any other basis, shall be limited to the fees paid by the Data Supplier for the material incorporated in the Supplier Data which gave rise to the loss or damage, exclusive of GST. For the purposes of the Contracts (Privity) Act 1982, this clause confers a benefit on, and are enforceable by, LINZ and the Crown.
4. LIABILITY AND INDEMNITY
4.1 The End User must indemnity the Data Supplier and keep the Data Supplier indemnified against any claim, proceeding, damage, liability, loss, cost or expense (including legal costs on a solicitor and own client basis) whether arising in contract, tort (including for negligence) or otherwise, arising out or in connection with any breach by the End User or any other person who has obtained the Supplier Data from an End User. The End User’s total aggregate liability to the Data Supplier under this clause shall not exceed $250,000.
5.1 Notwithstanding the termination provisions between GBG and the Client in the General Terms, under the terms of GBG’s agreement with the Data Supplier:
(a) if any licence under which a third party grants to the Data Supplier the right to incorporate the third party’s material in the Supplier Data is terminated, the licence to the End User in respect of that material terminates and the End User must, at GBG’s request, remove the same material from any copies of the Supplier Data held by the End User within 90 days;
(b) The End User’s right to use each update in respect of the Supplier Data shall terminate six months after the date on which the update was released by the Data Supplier.
(c) early termination of GBG’s licence from the Data Supplier shall not affect the End User’s right to use any Supplier Data within the term of the licence, provided that such early termination was not caused by or connected with any act or omission of the End User.
6. RIGHTS OF THIRD PARTIES
6.1 The Data Supplier must have rights to enforce the above terms for the purposes of the Contracts (Privity) Act 1982, and is entitled to terminate the End User’s right to use any Supplier Data if the End User breaches any of the above terms.