Third Party Data Provisions

Auckland Council

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

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

2.     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;

3.     acknowledges the Adapted Data may contain data and information sourced from councils, regional councils and other authority bodies; and

4.     not use the Original Data and Adapted Data other than as expressly set out in this Agreement and the relevant Product and Services Schedule;

5.     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:

(a)    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;

(b)    Without limiting (a) above, the Customer acknowledges and agrees that the Original Data is licensed to CoreLogic on an ‘as is’ basis and that Auckland Council does not warrant that the Original Data is free of errors or omissions;

(c)    Auckland Council does not warrant that the supply of the Original Data to CoreLogic will be timely, immediate or uninterrupted; and

(d)    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.

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

In this section:

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

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

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.

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

LINZ

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

1.     will amend or delete the LINZ Data (or any part of it) within 10 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; and

2.     accepts and agrees in respect of the LINZ Data:

(a)     that while all reasonable efforts have been made by LINZ to ensure that the LINZ Data is as accurate as practicable within the bounds of the Specifications, LINZ makes no representations and gives no warranties that the LINZ Data is free from errors, omissions or other inaccuracies and the Customer releases LINZ from all liability (whether in contract, tort (including negligence), equity or any other basis) for any errors, omissions or other inaccuracies in the LINZ Data;

(b)     LINZ makes no representations and gives no warranties that the LINZ Data, as delivered to CoreLogic, will be capable of being processed on the computer equipment or software of the Customer nor does LINZ have any obligation to train any personnel of the Customer;

(c)     LINZ gives no warranty that the LINZ Data will be free from infection, viruses or destructive code and LINZ will not be liable (whether in contract, tort (including negligence), equity or any other basis) for any damage to, or viruses that may infect, any computer equipment or software of the Customer due to the use, installation or conversion of the LINZ Data;

(d)     LINZ gives no representations or warranties that any person has consented to the provision of the LINZ Data to the Customer or has otherwise consented to, or approved, any subsequent use or disclosure of the LINZ Data; and

(e)     it must not be used for direct marketing purposes or for the creation of direct marketing lists for providing or selling to other parties.

3.     accepts and agrees in respect of LINZ:

(a)     LINZ shall not be liable (whether in contract, tort (including negligence), equity or any other basis) for any loss or damage, sustained by the Customer directly or indirectly from any use whatsoever of the LINZ Data (even if LINZ has been advised of the possibility of such loss or damage), with such loss/damage including any damage to property, injury to persons, loss of profits, business interruption loss, loss of data, and loss as a result of any amendment to or deletion of the LINZ Data in accordance with paragraph 1 above;

(b)     Without limiting (a) above, LINZ will not be liable (whether in contract, tort (including negligence), equity or any other basis) for any loss or damage whatsoever arising from modification, amendment or deletion (whether pursuant to paragraph 1 above or otherwise) made to the LINZ Data or any compilation or derivative work created from or using the LINZ Data in each case whether made by CoreLogic or the Customer; and

(c)     Where any exclusion of LINZ’s liability under this Agreement is inapplicable or is held unenforceable, the liability of LINZ (whether in contract, tort (including negligence), equity or any other basis) under or in connection with this Agreement, or arising out of any use, reproduction, modification, amendment or deletion of the LINZ Data (by CoreLogic, the Customer or any other person), shall be limited to the (GST exclusive) fees paid by CoreLogic for the LINZ Data which gave rise to relevant loss or damage;

4.     will to the extent it is permitted to pass on any LINZ Data, ensure that any third parties that directly or indirectly receive LINZ Data from the Customer (including any compilations, derivative works, modified versions, copies or reproductions made from the LINZ Data) with the limitations, exclusions and caps expressed in this section, and where this is not possible, the Customer must include the following acknowledgement note: “Sourced from Land Information New Zealand data. Crown Copyright Reserved”.

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

In this section:

Landonline means the online transaction centre for property professionals operated by LINZ at: www.linz.govt.nz/land/landonline

LINZ means Land Information New Zealand.

LINZ Data means Product Data delivered by LINZ to CoreLogic.

Specifications means those specifications set out in the Introduction to the Provision of Bulk Data from Landonline.

Creative Commons

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

1.2    The terms of each CC Licence can be found at creativecommons.org.au or creativecommons.org.nz and https://creativecommons.org/licences/by/4.0/ (as applicable).

1.3    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.

1.4    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)    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

(d)    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.

1.5    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).

1.6    In this section:

CC Data means Product Data and/or imagery identified as being provided under any CC Licence, including:

(a)    Product Data from Australian Bureau of Statistics (Australian census data and statistics);

(b)    Product Data from QLD Department of Education (school zoning data in Queensland);

(c)    Product Data from SA Department of Education (school zoning data in South Australia);

(d)    Product Data from WA Department of Educaiton (school zoning data in Western Australia);

(e)    Product Data from NSW Department of Education (school zoning data in New South Wales);

(f)    Product Data from GeoMatic Technologies (Victoria maps); and

(g)    Imagery where its provision under a CC Licence is tagged in its metadata.

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:

(h)    Attribution 3.0 New Zealand;

(i)    Attribution 2.5 Australia;

(j)    Attribution 3.0 Australia; and

(k)    Attribution 4.0 International,

the terms of which can be found at http://creativecommons.org.au/ or http://creativecommons.org.nz/ and https://creativecommons.org/licences/ (as applicable).

Creative Commons means (as applicable):

(l)    Creative Commons Corporation, a Massachusetts Corporation;

(m)    Creative Commons Aotearoa New Zealand; and

(n)    Creative Commons Australia.