CANADA POST ADDRESS DATA | ID NUMBER CAV001
• GBG hosts the Supplier Data
• No Sub-processors are used
The Supplier Data that GBG uses to provide the Canada Post Address Data is supplied by GBG’s Data Supplier, Canada Post. GBG is obliged under the terms of its agreement with Canada Post to ensure that all End Users agree to comply with the following Additional Terms:
1. USE OF THE SERVICE
1.1. GBG is entitled under the terms of its agreement with Canada Post to provide the Supplier Data to End Users as part the Service.
1.2. The End User must not
(a) permit any party to use the Supplier Data except as expressly set out in these Additional Terms;
(b) create or permit any encumbrances, liens or charges against the Supplier Data; or
(c) authorize or permit uncontrolled public access to the Supplier Data through the internet or look up tools or addressing tools or open data portals or websites that would provide information that includes any part of the Supplier Data unless GBG and Canada Post expressly agree to grant such rights under a separate addendum.
1.3. Where an End User is explicitly permitted in its Agreement with GBG, the End User may use the GBG Service incorporating the Supplier Data as the base for developing a further enhanced value-added product ("Enhanced Value- added Product") which it may share with additional End Users provided that:
(a) All additional End Users who receive or access the Supplier Data as part of an Enhanced Value-added Product have no further sublicensing or distribution rights and receive a copy of these Additional Terms and associated copyright notices;
(b) The Supplier Data is only provided to End Users of an Enhanced Value-added Product and is used only as a component of, or for use in conjunction with, the Enhanced Value-added Product;
(c) The Supplier Data is digitally locked and not extractible from the Enhanced Value-added Product; and
(d) The End User includes an acknowledgement on the start-up screen of any Enhanced Value-added Product that states: “The Canada Post Address Data contains data copied under license from Canada Post Corporation. The Canada Post Corporation file from which this data was copied is dated [insert date].”
1.4. For the avoidance of doubt, notwithstanding any provisions in the Agreement, the End User shall not have any right to distribute the Supplier Data on a stand-alone basis or for the purposes of use with any product other than an Enhanced Value-added Product.
1.5. In order to reduce risk of Canada Post suffering damages as a result of out-of-date Supplier Data being used for mail preparation the End User agrees to not:
(a) Distribute the Supplier Data until it has put safeguards in place to reduce the risk of “data scraping” or “bulk downloads of data”; and
(b) Ensure that Supplier Data (howsoever accessed) is not used for mail preparation purposes. This prohibition applies without limitation to the following:
(i) Addressing mail;
(ii) Pre-sorting addressed mail; and
(iii) Preparing unaddressed mail by householder count for delivery.
1.6. The End User acknowledges that the damages that Canada Post may incur as a result of an End User using out-of-date Supplier Data for mail preparation include costs that Canada Post will incur in processing and delivering that mail. Such costs include, but are not limited to, the costs incurred by Canada Post
(a) for the manual readdressing and resorting of mail that was diverted from the normal automated mail processing stream because it was addressed with an invalid address, or the Postal CodeOM element of the address was invalid, or
(b) if the mail was delivered to the wrong address as a result of having been addressed with an invalid address, or as a result of the Postal CodeOM element of the address being invalid, the cost of the original sorting, processing and delivery of the mail as well as the extra costs incurred for the manual readdressing and resorting of the mail.
2.1 Notwithstanding the liability of the End User to GBG as set out in the General Terms, the End User’s liability for breach of these Additional Terms shall be unlimited.
2.2 GBG and Canada Post shall not be liable in respect of any claims whatsoever alleging any loss, injury or damages, direct or indirect, which may result from the End User’s, or any of its users’ or End Users’ possession or use of the Supplier Data including any loss of revenue or any other consequential loss of any kind resulting from any defect in the Suppler Data.
3. EXCLUSION OF WARRANTIES
3.1 The End User acknowledges and agrees that the Supplier Data is provided “as is” and that GBG and Canada Post make no guarantees or representations or warranties as to the Supplier Data, whether express or implied.
3.2 The End User expressly waives all warranties or conditions not expressly set out in these Additional Terms including, but not limited to, implied warranties or conditions of merchantability and fitness for a particular purpose and those arising by statute or otherwise in law or from course of dealing or usage of trade.
3.3 GBG and Canada Post doe not warrant that the Supplier Data will meet all or any of End User's particular requirements, that the Supplier Data will be error free, uninterrupted or that all errors in the Supplier Data can be found in order to be corrected.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Canada Post is the owner of copyright in the Canada Post Data. The End User acknowledges that it is only licensed to use the Supplier Data in conjunction with the GBG Service specified in the Agreement in accordance with these Additional Terms.
5. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
5.1 GBG does not use Sub-processors to provide this element of the Service as the Supplier Data is hosted by GBG.