NEW ZEALAND ADDRESS DATA | ID NUMBER NEV001
• GBG hosts the Supplier Data
• No Sub-processors are used
The Supplier Data that GBG uses to provide the New Zealand Address Data is derived from the New Zealand Post Postal Address File and is supplied by GBG’s Data Supplier New Zealand Post. 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:
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms:
“LINZ Data” means Supplier Data which has been compiled by Land Information New Zealand. The LINZ Data is subject to Creative Commons licence terms available at http://creativecommons.org/licenses/by/3.0/nz/.
“Restricted Data” means:
(i) any Supplier Data which has an address type of Bag, Box, CMB Rural, CMB Urban or Counter Delivery; and
(ii) for any Supplier Data which has a “Rural” address type, the data in the ‘RD Number’ and ‘Mailtown’ fields.
2. USE OF THE SERVICE
2.1 The End User (and any of it agents and sub-contractors) may only use Restricted Data in accordance with these Additional Terms, for the End User’s internal purposes, which may include providing an online address checking service to its customers. Without limiting the foregoing, the End User (and any of its agents and sub-contractors) must not:
(a) sub-licence all or any part of the Restricted Data to any person, or purport or attempt to do so, in each case, unless expressly permitted otherwise by the Data Supplier in writing, or
(b) other than as expressly permitted, copy reproduce, publish, sell, let modify, extract or otherwise part with possession of the whole or any part of the Restricted Data or relay or disseminate the same to any other party.
2.2 Notwithstanding the provisions of clause 2.1, where an End User is explicitly permitted in its Agreement with GBG to act as an authorised dealer or reseller of the Service on behalf of GBG (“Reseller”), the Reseller may do so providing that the Reseller ensures that:
a) All additional End Users who receive or access the Supplier Data via the Service from the Reseller receive a copy of these Additional Terms and associated copyright notices; and
b) The Reseller notifies GBG immediately upon becoming aware of any breach of those terms by an End User that it has provided the Service to and the Reseller uses all available means to prevent the continuance of the breach.
2.3 The End User must ensure that its personnel, agents and sub-contractors comply with the above terms as if they were the licensee under agreement with the Data Supplier directly.
2.4 The Restricted Data may not be distributed (whether for evaluation or demonstration purposes or otherwise) or sold to End Users (whether directly or through the GBG’s authorised dealers and resellers) other than as part of the Service. To avoid doubt, the Restricted Data may not be distributed or sold to any third party as a standalone data product.
3.1 The Data Supplier must have rights to enforce these provisions 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 those terms.
4. EXCLUSION OF WARRANTY
4.1 The End User acknowledges that the Data Supplier has made no warranty 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.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The End User agrees that the Supplier Data (other than LINZ Data) and all Intellectual Property Rights and other rights in the Supplier Data (other than the LINZ Data) from time to time remain the property of the Data Supplier.
5.2 The End User has no right to use any of the trade marks, business names or logos of the Data Supplier unless expressly stated otherwise in any sub-licence granted to the End User by GBG (which must be approved by the Data Supplier).
5.3 The End User must not make any statement or claim relating to the Supplier Data to be approved, recommended or endorsed by the Data Supplier or do anything similar or imply that is the case, unless the Data Supplier has expressly given its prior written consent to the form and content of such claim.
6. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
6.1 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 Data.
6.2 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.
6.3 GBG does not use Sub-processors to provide this element of the Service as the Supplier Data is hosted by GBG.
7.1 Notwithstanding the termination provisions between GBG and the End User in the General Terms, under the terms of GBG’s agreement with its Data Supplier the Supplier Data can be terminated upon the Data Supplier providing GBG with ninety (90) days’ notice.
8.1. Notwithstanding the liability of the End User to GBG as set out in the General Terms, the End User must indemnify the Data Supplier and keep it indemnified against any claim, proceeding, damage liability, loss, cost or expense (including legal costs on a solicitor and own End User basis), whether arising in contract, tort (including fro negligence) or otherwise, arising out of or in connection with any breach by the End User of any of the terms contained herein or the use of any of the Supplier Data by the End User or any other person who has obtained the Supplier Data from the End User. The End User’s total aggregate liability to the Data Supplier under this clause shall not exceed $250,000.
9. GOVERNING LAW AND JURISDICTION
9.1 The Supplier Data these terms and conditions shall be exclusively governed by the laws of New Zealand and the End User agrees to submit to the non-exclusive jurisdiction of New Zealand.