Third Party Data Provisions

1. Auckland Council

1.1 To the extent that the CoreLogic Services incorporate Original Data or Adapted Data, the Customer:

(a) acknowledges and accepts that it has no proprietary rights to any Original Data or Adapted Data supplied or made available by CoreLogic;

(b) undertakes to use reasonable endeavours to ensure the Original Data (and any Adapted Data) is protected at all times from unauthorised use or access by third parties;

(c) acknowledges the Adapted Data may contain data and information sourced from councils, regional councils and other authority bodies; and

(d) will not use the Original Data and/or Adapted Data other than as expressly set out in this Agreement and the relevant Product and Services Schedule or Product Schedule (as the case may be);

(e) agrees that where Bulk Data is supplied or made available to the Customer, the Bulk Data is made available by Auckland Council subject to the following exclusions and limitations in relation to liability:
(i) Auckland Council disclaims all warranties regarding the Original Data and Adapted Data (whether express or implied) to the full extent permitted by law, including any implied warranties of merchantability or fitness for purpose;
(ii) Without limiting (i) above, the Customer acknowledges and agrees that the Original Data is licensed to CoreLogic on an as is as available basis and that Auckland Council does not warrant that the Original Data is free of errors or omissions;
(iii) Auckland Council does not warrant that the supply of the Original Data to CoreLogic will be timely, immediate or uninterrupted; and
(iv) Neither Auckland Council nor any of its councillors, directors, officers, employees or agents shall be liable for any loss, injury, damage or expense (whether direct, indirect, special or consequential) suffered by the Customer, arising from the Original Data or the Adapted Data and/or supply, delivery, access and/or lack supply, delivery or access to the Original Data or the Adapted Data, except where the loss, injury, damage or expense is due to the negligence of Auckland Council or any of its contractors or employees, in which case any liability of Auckland Council is limited to the total fees paid by CoreLogic to Auckland Council during the term of its current licence agreement with Auckland Council.

1.2 The Customer acknowledges that this section is also for the benefit of Auckland Council for the purposes of the Contracts (Privity) Act 1982.

1.3 In this section:

(a) Adapted Data is any Original Data adapted, enhanced, refreshed, added to or changed by CoreLogic or those under its control.

(b) Auckland Council means Auckland Council (or any replacement body).

(c) Bulk Data means any Customer who is supplied or made available the Original Data and/or Adapted Data over a six (6) month period or more, and that supply or availability relates to (or is likely to relate to) 2% or more of the Original Data.

(d) Original Data is any Product Data delivered by Auckland Council to CoreLogic.

2. LINZ

2.1 To the extent that the CoreLogic Services incorporate LINZ Data, the Customer agrees:

(a) it must not allow the LINZ Data, or any CoreLogic Services incorporating the LINZ Data, to be indexed by any public internet web search engine; and

(b) to amend or delete the LINZ Data (or any part of it) within 5 Business Days of being directed by CoreLogic (which must only be made where CoreLogic receives a corresponding request from LINZ), and provide CoreLogic with reasonable evidence (satisfactory to LINZ) that such LINZ Data has been so amended or deleted.

2.2 In this section:

(a) LINZ means Toitū Te Whenua Land Information New Zealand.

(b) LINZ Data means Product Data delivered by LINZ to CoreLogic.

3. Creative Commons

3.1 To the extent that the CoreLogic Services incorporate CC Data, the Customer must observe the terms of the relevant CC Licence.

3.2 The terms of each CC Licence can be found at the CC Links.

3.3 Where practicable or where required by the CC Licence, CoreLogic will endeavour to identify CC Data (and the relevant version of the CC Licence) to the Customer either in the metadata of any Product Data or otherwise.

3.4 The Customer accepts that the CC Licences may have provisions requiring:

(a) Attribution: the Customer must give appropriate credit, provide a link to the relevant CC Licence, and indicate if changes were made;

(b) No additional restrictions: the Customer may not apply legal terms or technological measures that legally restrict others from doing anything the licence permits;

(c) No modifications to the licence terms: the Customer may not change the terms of the CC Licence that must continue to apply to any sublicence of the relevant work or any derivative work (subject to the terms of the CC Licence);

(d) Public domain: the Customer does not have to comply with the licence for elements of the material in the public domain or where the use is permitted by an applicable exception or limitation; and

(e) No warranties given: the licence may not give the Customer all of the permissions necessary for the intended use. For example, other rights such as publicity, privacy, or moral rights may limit the Customer’s use of the material.

3.5 CoreLogic does not in any way:

(a) own (or assert ownership of) the CC Data and as applicable, will endeavour to ensure credit is given to the original author either in the metadata of the CC Data or otherwise;

(b) assert or imply any connection with sponsorship or endorsement by the original author of its use of the CC Data;

(c) impose any terms on the use of the CC Data by you or any third party that alter or restrict the terms of the CC Licence or any rights granted under it or have the effect or intent of restricting the ability to exercise any such rights;

(d) impose any digital rights management technology on the CC Data, any adaption of the CC Data or the CC Data as incorporated with other separate works, that alters or restricts the terms of the relevant CC Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights; and

(e) assert that it has the right to sublicense the CC Data to you or any third party (other than making the CC Data available to you on the terms of the relevant CC Licence).

3.6 In this section:

(a) CC Data means Product Data and/or imagery identified as being provided under any CC Licence, including but not limited to imagery where its provision under a CC Licence is tagged in its metadata.

(b) CC Licences means a licence from a third party based on the licensing terms published by Creative Commons and relied upon by CoreLogic (from time to time) in the provision of CC Data, including:
(i) Attribution 3.0 New Zealand; and
(ii) Attribution 4.0 International.

(d) Creative Commons means (as applicable):
(i) Creative Commons Corporation, a Massachusetts Corporation;
(ii) Creative Commons Aotearoa New Zealand.

4. Creative Commons New Zealand

4.1 To the extent the CoreLogic Services incorporates Creative Commons Licence data in New Zealand licensed under a Creative Commons Attribution 3.0 New Zealand Licence, the following additional terms apply.

4.2 CoreLogic is a party to a worldwide, royalty-free, non-exclusive, Creative Commons Custom Licence under which it receives some imagery and data (CCL Material) used in the CoreLogic Services and on its websites.

4.3 The CCL Material is licensed under a Creative Commons Attribution 3.0 New Zealand Licence (Creative Commons Licence) details of which can be found at http://creativecommons.org/licenses/by/3.0/nz/legalcode. The CCL Material is not the property of CoreLogic and is credited to the original author (Original Author) as shown in the metadata of the CCL Material.

4.4 CoreLogic does not assert or imply any connection with sponsorship or endorsement by the Original Author of CoreLogic’s use of the CCL Material.

4.5 CoreLogic makes the CCL Material available to the Customer on the terms of the Creative Commons Licence and in no way implies that it has the right to sublicense the CCL Material to the Customer or any third party.

4.6 CoreLogic does not impose any terms on the use of the CCL Material by the Customer or any third party that alter or restrict the terms of the Creative Commons Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise any such rights.

4.7 CoreLogic has not imposed any digital rights management technology on the CCL Material, any adaption of the CCL Material or the CCL Material as incorporated with other separate works, that alter or restrict the terms of the Creative Commons Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights.

5. NZ Post Data Restrictions

5.1 Where the Product Data or CoreLogic Services contain NZ Post Data, the Customer acknowledges and agrees that:

(a) the NZ Post Data and the Documentation and all Intellectual Property Rights and other rights in the NZ Post Data (other than any LINZ Data comprised in the NZ Post Data) and the Documentation remain the property of NZ Post and/or its licensors;

(b) it has no right to use any of the trade marks, business names or logos of NZ Post unless expressly stated otherwise in the CoreLogic Agreement;

(c) it must not make any statement or claim relating to the NZ Post Data being approved, recommended or endorsed by NZ Post (Statement) or do anything similar or imply that this is the case, unless NZ Post has given its prior written consent to the form and content of the Statement;

(d) it may only use NZ Post Data for its internal purposes and in accordance with the CoreLogic Agreement. Without limiting the foregoing, the Customer (and any of its agents and subcontractors) must not:
(i) sub-license all or any part of the NZ Post Data to any person or attempt to do so, unless expressly permitted otherwise by NZ Post in writing; or
(ii) other than as expressly permitted above, copy, reproduce, publish, sell, let, modify, extract or distribute the whole or any part of the NZ Post Data;

(e) it must comply with the requirements of the Privacy Act 2020 (NZ) and all other applicable Laws and regulations that apply to the Customer’s use of the NZ Post Data;

(f) it must ensure that its personnel, agents and sub-contractors comply with the above terms;

(g) it acknowledges that NZ Post has made no warranty that the NZ Post Data will be free from errors, omissions, inaccuracies, viruses or other destructive code, or that the NZ Post Data will be fit for Customer’s purpose (including the Permitted Use) or for use in any specific technical environment;

(h) it must indemnify NZ Post and keep NZ Post 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 of any of the above terms by the Customer or Customer Representatives. The Customer’s total aggregate liability to NZ Post under this clause will not exceed $250,000;

(i) Clauses 5.1(a) to (h) apply for the benefit of and may be enforced by NZ Post for the purposes of the Contract and Commercial Law Act 2007 (NZ), as may be amended from time to time (and as applicable); and

(j) its right to use each Update shall terminate on the earlier of:
(i) six months after the date on which a subsequent release was made available to the Customer; or
(ii) the termination or expiry of the CoreLogic Agreement.

5.2 In this section:

(a) CoreLogic Agreement means the agreement between CoreLogic and Customer for use of the NZ Post Data;

(b) Documentation means any user and technical documentation supplied with NZ Post Data that has been prepared by NZ Post to enable use of the NZ Post Data, and any confidential information of NZ Post;

(c) Intellectual Property Rights includes copyright and all rights conferred under statute, common law or equity in relation to inventions (including patents), registered or unregistered trade marks, registered or unregistered designs, circuit layouts, databases, confidential information, know-how, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world, together with all right, interest or licence in or to any of the foregoing;

(d) NZ Post Data means where Product Data contains data supplied to CoreLogic by NZ Post, including the following datasets or data within them, as applicable:
(i) GeoPAF data, as more particularly described at https://www.nzpost.co.nz/business/shipping-in-nz/quality-addressing/geopaf; and/or
(ii) Postcode Network File Data, as more particularly described at www.nzpost.co.nz/business/sending-within-nz/quality-addressing/postcode-network-file.

(e) Update means a new version or release of the NZ Post Data by NZ Post (where made available by CoreLogic to the Customer).

Currency

This version 2 of the Third Party Data Provisions is current as and from 28 November 2024.

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