NEW ZEALAND ADDRESS | ID NUMBER 200949 (1)
• GBG hosts the Supplier Data
• No personal data is transferred to the Supplier
The Supplier Data used to provide this New Zealand Address Dataset is supplied by GBG’s Supplier, New Zealand Post. GBG is obliged under the terms of its agreement with its Supplier to ensure that all End Users agree to comply with the following licencing provisions:
1. DEFINITIONS
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms and Product Terms:
“End User Data” means any data provided to GBG by the End User for processing in accordance with the terms of the Agreement including where relevant any personal data
“Permitted Purpose” means the purposes, restrictions and/or conditions for the use of the Dataset outlined by the Supplier as set out in clauses 2.3 to 2.11 below, in addition to the Customer Use Case set out in the Agreement and at clause 2.1.
2. USE OF THE DATASET
2.1. This Dataset may only be used for the Customer Use Cases detailed below, provided that such Customer Use Case is selected on the End User's Order Form, the End User complies with any use case restriction set out in the Agreement and the End User agrees that it shall not use the Dataset for anything other than the Permitted Purpose:
• Data Quality
2.2. In addition to the Customer Use Case restrictions contained within clause 2.1 (including any conditions that apply to that Customer Use Case) the following terms set out in clauses 2.3-2.12 also apply.
2.3. The End User agrees that all Intellectual Property Rights in the Supplier Data remain the property of the Supplier or its licensors.
2.4. The Supplier reserves its copyright. The data within this Dataset is sourced from New Zealand Post and Land Information New Zealand (LINZ). Data sourced from LINZ is subject to Creative Commons licence terms available at http://creativecommons.org/licenses/by/3.0/nz/ (the “CC Terms”) and may be used in accordance with the CC Terms.
2.5. The End User has no right to use any of the trade-marks, business names or logos of the Supplier.
2.6. The End User must not make any statement or claim relating to the Supplier Data being approved, recommended or endorsed by the Supplier or do anything similar or imply that such is the case, unless the Supplier has expressly given its prior written consent to the form and content of such claim.
2.7. The End User (and any of its agents and sub-contractors) may only use Supplier Data in accordance with the Agreement, for the End User’s internal purposes, which may include providing an online address checking service to the End User’s customers.
2.8. Without limiting the foregoing, the End User (and any of its agents and subcontractors) must not:
• sub-license 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 Supplier in writing, or
• other than as expressly permitted above, 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.
2.9. The End User must comply with the requirements of any applicable law or regulations relevant to its possession or use of the Supplier Data.
2.10. The End User must ensure that its personnel, agents and sub- contractors comply with these terms.
2.11. 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.
3. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
3.1. GBG does not transfer End User Data to the New Zealand Post and/or LINZ to provide this Dataset.
4. LIABILITY AND INDEMNITY
4.1. The End User must indemnify the Supplier and keep the 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 of or in connection with any breach by the End User of any of the above terms or the use 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 Supplier under this clause 4.1 shall not exceed $250,000.
5. RIGHTS OF THIRD PARTIES
5.1. The 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 those terms.