Terms and Conditions

1. The Website is owned and operated by CoreLogic NZ Limited (CoreLogic).
2. Please read these Terms carefully. These Terms govern your access to and use of the Website and the Services.
3. By accessing and using the Website and/or subscribing for any Services you agree to be bound by these Terms. This agreement takes effect from the point you first access the Website and apply whether you are a visitor to the Website or a registered user of the Website.
4. Without limiting the application of clause 3 above, if you wish to register with the Website, you must follow the registration process provided and this includes formally accepting these Terms as part of that registration process.
5. If you do not accept any of these Terms, then you must not use the Website or consume any of the Services.
6. CoreLogic may change or update these Terms from time to time by posting a notice of such updates on the Website not less than 14 days prior to such change or update becoming effective. Continuing to use the Website or consume the Services after any such change or update constitutes acceptance by you of that change or update. If you do not accept any change or update to these Terms then you must cease using the Website and any of the Services and, if applicable, may terminate your subscription to the Services in accordance with clause 74 below.
7. You may not transfer any of your rights or obligations under these Terms to any person.
8. The validity, interpretation and enforcement of these Terms shall be governed by the laws of New Zealand.

9. These Terms are separated into two parts, which apply as follows:

   1. Part One: contains the general terms and conditions that apply to any and all use of the Website and the Services by all customers of CoreLogic.
   2. Part Two: contains the disclaimers which apply in respect of all Services provided by CoreLogic.

Part One - All Customers

10. In these Terms, unless the context otherwise requires:

    Confidential Information means all confidential, non-public or proprietary information, regardless of how the information is stored, which is delivered to you before, on or after being bound by these Terms, relating to the Services or the business, technology or other affairs of CoreLogic, including any data (including Product Data), valuation and market share analyses, valuation models and tools, indices, programs or algorithms.

    CoreLogic means CoreLogic NZ Limited.

    Customer Materials means any data, information, content, photographs, metadata and/or other materials you make available to CoreLogic (or otherwise obtained by CoreLogic from you or that CoreLogic possesses of yours) directly or indirectly, from time to time, including any content posted or entered into any Services from time to time.

    Excluded Information means Confidential Information which:

    1. is in or becomes part of the public domain other than through breach of these Terms or an obligation of confidence owed to CoreLogic;
    2. you can prove, by contemporaneous written documentation, was already known to it at the time of disclosure by CoreLogic (unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality); or
    3. you acquire from a source other than CoreLogic where such source is entitled to disclose it.

    Law means any common law, principles of equity, and laws made by parliament (including any statutes, regulations and any other instruments under them and all consolidations, amendments, re-enactments or replacements of any of them).

    Product Data means any data or results, including property or geospatial information, ownership, sales information, photographs, valuation or market share analyses, index results or alerts, contained within or provided with the Services.

    Services means the services (including Product Data, other data, information, reports and other documentation or materials) made available on or through the Website.

    Terms means these terms and conditions (as amended from time to time in accordance with clause 6).

    Third Party Information means any Product Data, other data, information, reports and other documentation or materials sourced from a Third Party Provider.

    Third Party Provider means any third party provider of data or information to CoreLogic, where such data or information is then used in the provision of the Services and includes, without limitation, any local authority, the PropertyInsight joint venture, Land Information New Zealand, Statistics New Zealand, the Ministry of Education and NIWA.

    Website means the Website and any other website owned or controlled by CoreLogic used to deliver the Services.

Services

11. The Services will have those features described on the Website and CoreLogic will use commercially reasonable efforts to ensure that the Services are accessible in accordance with these Terms, but CoreLogic (and its Third Party Providers) cannot guarantee that:

    1. the Services will meet all your requirements;
    2. the Services will always be error-free;
    3. all data (including Property Data) will be accurate or secure in every respect;
    4. errors or defects will be corrected immediately, however CoreLogic will where practically possible, endeavour to correct errors within a reasonable time;
    5. the statistical methods on which any of the Services are based use appropriate or accurate assumptions, are fit for your particular purpose or are otherwise suitable for your particular use; and
    6. performance of the Services will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by Third Party Providers.

12. CoreLogic may:

    1. change, refine or otherwise modify the features and functionality of any of the Services, provided that the Services will at all times retain those basic features described on the Website; or
    2. cease, discontinue or temporarily suspend the availability of the Services, by posting a notice of such updates on the Website not less than 14 days prior to such change becoming effective (unless, in CoreLogic’s reasonable opinion, more urgent change is required, in which case a lesser period of notice may be provided). Continuing to use the Website or consume the Services after any such change constitutes acceptance by you of that change. If you do not accept any change to the Services then you must cease using the Website and any of the Services and, if applicable, may terminate your subscription to the Services in accordance with clause 74 below.
13. You acknowledge that CoreLogic will not be obliged to provide access to any Service or Services to the extent that it is prohibited from doing so by Law or any of its agreements with Third Party Providers.
14. All Services are subject to the “Disclaimers” in Part Two of these Terms and any other exclusions contained in these Terms.

Charges

15. You agree to pay for all Services consumed through the Website at the rates notified on the Website from time to time.
16. Where you have agreed a fixed rate for the Services for a specified term, CoreLogic shall not vary those fixed rates prior to the expiry of the specified term. Following the expiry of the specified term, you agree to pay for all Services consumed through the Website at the rates notified on the Website from time to time.
17. Payment must be made by credit card.

Payment by credit card

18. Payment must be made by you in New Zealand dollars. If you are not based in New Zealand, your payment will be converted into New Zealand dollars at the current exchange rate by your credit card provider. A credit card administration fee is payable to CoreLogic for any credit card payments and will be advised to you before your confirm your purchase.
19. CoreLogic may run an authorisation on your credit card for an amount up to the total of your purchases. A credit card authorisation is a method used to determine whether your credit card is valid and whether you have a sufficient credit limit to make a purchase. Although a credit card authorisation results in a temporary reduction in the amount of money you are authorised to charge to your credit card, it does not result in a charge being incurred on your credit card.
20. Upon you confirming an order or completion of each session on the Website, your credit card will be charged the total amount payable in respect of the purchaser(s) made by you for that order or during that session (together with any notified credit card administration fees).

Customer identity and access

21. You will be issued with a user name (or names) and password(s) as part of the Website registration process and will be liable for all charges arising in connection with the use of that user name. You will also be responsible for all use of the Website via your user name.
22. Access to the Website or any Service via your user name may be cancelled by you by advising the CoreLogic “Customer Support Team Manager” and, if requested, a new user name will be issued on receipt of written confirmation of cancellation of the previous user name.
23. If CoreLogic considers it appropriate, your user name (or names) may be changed by the CoreLogic Customer Support Team Manager from time to time and such change shall be notified to you.
24. You must for security purposes ensure that any user name (or names) and/or password(s) are periodically changed and will undertake such changes if directed by CoreLogic from time to time.

Copyright and other restrictions

25. The contents of the Website (and the Services on or obtained through it) are protected by copyright and other intellectual property rights, and no part of the Website (or the Services on or obtained through it) may be reproduced or adapted in whole or in part without the written consent of CoreLogic. You will not assert any ownership or other rights in respect of any of the Product Data, other data, information, reports and other documentation or materials contained on or made available through the Website.
26. Information is supplied for your own lawful internal use within New Zealand and you agree not to further disseminate the information supplied (whether for commercial gain or otherwise) and in particular not to publish it by written, broadcasting, videotex, electronically on computer encoded mediums or by other means without the prior written consent of CoreLogic.
27. You agree not to use the information in creating any mailing or address list of persons or properties, to use the information for direct marketing activities, telemarketing purposes, to sell the information to others or with the intention of encroaching on the privacy of others or otherwise breaching the Privacy Act 1993.

28. In accessing the Website and/or the Services, you and, if applicable, your employees, clients and representatives will not (and will not allow or encourage any other person to):

    1. decompile, disassemble or otherwise reverse engineer all or any portion of the information or Website, including any source code, object code, algorithms, methods or techniques used or embodied therein;
    2. data mine, scrape, crawl, create links back to, harvest or use any process or processes that send automated queries to the Website and/or the Services;
    3. modify or create any derivative works based upon any information provided through the Website and/or Services or make copies of the Services (except for the sole purpose of back-up or disaster recovery);
    4. remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the information obtained through the Website and/or Services; or
    5. incorporate any of the information obtained through the Website and/or the Services into any other materials, products or services.

Data retention

29. CoreLogic may retain a report that you have purchased from CoreLogic for your later access and use in accordance with the following terms:

    1. in accordance with CoreLogic’s data retention policy, if one exists at the time of such retention; and
    2. if you have entered into a separate agreement with CoreLogic in respect of the report, the terms specified in that agreement; or
    3. if neither (a) or (b) of this clause 35 apply, then the report shall be retained for a period of 12 months from the time you first obtain the report, provided that you have retained a user name and password enabling you to access the Website during such period.

Confidentiality

30. No Confidential Information may be disclosed by you to any person or entity except:

    1. your employees requiring the information for the purposes of these Terms who:

       • are aware of the confidentiality obligations imposed in this clause 12; and
       • have entered into written confidentiality agreements with you which requires such employees to comply with confidentiality obligations no less restrictive than those set out in this clause 36;
    2. to the extent you are required to do so by Law; or
    3. to the extent you is required to do so in connection with legal proceedings relating to these Terms.
31. You must not use Confidential Information except for the purpose of exercising its rights or performing its obligations under these Terms.
32. Clauses 36 and 37 do not apply to Excluded Information.
33. Despite clauses 36 and 37, you may disclose parts of the Product Data, or conclusions or summaries of information based on the Product Data, provided that you have first obtained CoreLogic’s prior written consent for such disclosure which may be given on such conditions CoreLogic considers appropriate (including that you give CoreLogic credit as the source for the underlying data in a manner reasonably instructed by CoreLogic).
34. You will take any action that is necessary to prevent or remedy any breach of your confidentiality obligations or other unauthorized disclosure of Confidential Information.
35. You will not remove, alter, obscure or otherwise modify any trademark, copyright or other proprietary notice or legend or legal disclaimer placed on or contained within the Confidential Information.
36. You acknowledge that due to the unique nature of the Confidential Information, any breach by you of your obligations under clauses 36 to 41 (both inclusive) would result in irreparable harm to CoreLogic and its Third Party Providers for which there is no adequate remedy; and therefore, upon any such breach or threat thereof, CoreLogic and its Third Party Providers will be entitled to injunctive and other appropriate equitable relief (without the necessity of proving damages, or posting bond or other security), in addition to whatever remedies CoreLogic and its Third Party Providers may have at Law.

Privacy

37. The Privacy Act 1993 limits the use of personal information from public registers. You are responsible for ensuring information is used within the requirements of that Act.
38. You acknowledge that information transmitted over the internet is inherently insecure. We will not disclose your personal information to any third party unless authorised by you or your representative(s) or where compelled to do so by law. We confirm that we will act in accordance with the Privacy Act 1993.
39. For further details on privacy, please read our privacy policy, which is available on the Website.

Consent to commercial electronic messages

40. By ticking “Yes” to the email newsletter box on the Website, you consent to receive commercial electronic messages marketing our goods and services and new products. You also consent to receiving any electronic messages containing updated information in relation to the Services, news and various other information of related interest.
41. You may unsubscribe at any time to receiving such messages by following the unsubscribe process specified in any such electronic message that you receive.

Customer Materials

42. You grant CoreLogic (and all of its partners, affiliates, parent companies, related entities, successors, and assigns) a worldwide, royalty-free, perpetual, irrevocable, assignable, non-exclusive right and licence to use, convert, reproduce, reformat, store, back-up, distribute, sell, transmit, perform, display (publicly or otherwise), adapt, make derivative works of and otherwise commercialise and exploit (with no obligation to account for profits) any Customer Materials either by directly or in combination with other information or parties.

43. You confirm to CoreLogic that:

    1. you have the necessary rights to grant the licenses and rights in clause 48 above to CoreLogic;
    2. use of the Customer Materials in accordance with the licence and rights specified in clause 48 above will not infringe or misappropriate any third party or CoreLogic rights, including, without limitation, any intellectual property rights;
    3. the Customer Materials do not contain any malicious or disabling code;
    4. the Customer Materials are accurate and are in fact what you purport such Customer Materials to be;
    5. to the extent that the Customer Materials include personal information of an individual, you have obtained all necessary consents and authorities from the relevant individual to use and disclose the Customer Materials as contemplated under these Terms, and that any use of such Customer materials by CoreLogic will not breach the Privacy Act 1993; and
    6. the Customer Materials comply with all applicable Laws and the transmission by you of such materials and their use or display by CoreLogic will not give rise to any claims against CoreLogic or liabilities for CoreLogic.
44. You acknowledge that it is not possible for CoreLogic to ascertain the truthfulness, accuracy and reliability of the customer materials of another customer. CoreLogic does not endorse, support, represent or guarantee the truthfulness, accuracy and reliability of the customer materials from another customer posted on the Website or contained within the Services, including any opinions expressed in such customer materials.

User communications

45. CoreLogic invites its users to use communication tools available through the Website (such as forums, chat rooms, message centres) which include the ability to post comments and other material on the Website. As a condition of using such communication tools, you agree only to use the communication tools for lawful and legitimate purposes.
46. You agree that you will not use any communication tool (including any comment areas) for posting or disseminating any material unrelated to the use of the Services, including, but not limited to, offers of goods or services for sale, unsolicited commercial email or files that may damage someone else’s computing device or software.

47. You will not post comments or other material:

    1. which are not original work in which you own the copyright, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the copyright, registered trademark or intellectual property rights of another person;
    2. which are (or could reasonably be taken to be) obscene, offensive, pornographic, vulgar, profane, indecent or otherwise illegal;
    3. which are (or could reasonably be expected to be) defamatory of any person;
    4. which racially or religiously vilifies, incites violence or hatred, or are likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; or
    5. which you know or suspect to be false, misleading or deceptive.
48. CoreLogic is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum you must exercise caution when using the communication tools available on the Website.
49. The views which are expressed in the comments areas on the Website are not CoreLogic’s views, nor the views of any of CoreLogic’s staff or our related entities. If you place reliance on material posted on the Website by other users you do so solely at your own risk.
50. CoreLogic retains the right (but is not obliged) to edit, delete, reject or remove any comments and other material which you post or seek to post on the Website or any communication you make or seek to make using the communication tools on the Website.
51. You grant CoreLogic a non-exclusive, royalty-free, perpetual, worldwide licence to republish any material you submit on the Website, without limitation, in any format.

Your responsibilities

52. Terminal equipment, communications links and systems compatibility (and all costs associated with such items) are your sole responsibility. CoreLogic accepts no responsibility for any unavailability of, or defects in, the Website or the Services to the extent such unavailability or defects arise out of or in connection with terminal equipment, communications links or systems compatibility or your failure to make payment of the costs for such items.
53. You permit CoreLogic at all reasonable times to check that the Services are being used in accordance with these Terms, and for such purposes, you must maintain complete and accurate records of your use of the Services.

Limited warranties

54. Except where you are acquiring the Services in “trade” (as defined in the Consumer Guarantees Act 1993 (CGA)), nothing in these Terms is intended to have the effect of limiting or reducing your rights against us under the CGA. As a consumer, you are entitled to certain guarantees under the CGA. If we breach any of these guarantees, your rights of redress are set out in the CGA.
55. Where you are acquiring the Services in “trade” (as defined in the CGA), you agree that the provisions of the CGA will not apply to these Terms.
56. Except for any guarantees which apply pursuant to clause 60, you specifically acknowledge that CoreLogic provides no warranties or guarantees in respect of the Services other than those given in clause 11 of these Terms.

Warranty exclusions

57. All Product Data, other data, information, reports and other documentation or materials provided by CoreLogic in connection with the Services are subject to the Disclaimers in Part Two of these Terms and clauses 64 to 69 below.
58. Except for any guarantees which apply pursuant to clause 60, it is acknowledged and agreed by you that to the extent that the Services contain any Third Party Information, CoreLogic provides no warranties, representations or guarantees in respect of such Third Party Information (including any warranty or guarantee that the Third Party Information will be complete, accurate, free of errors, omissions and defects, up to date, not misleading or fit for purpose).

59. Given the nature of the Internet and access thereto, CoreLogic does not warrant:

    1. that access to the Website or any Service will always be immediate or uninterrupted; or
    2. that the material on the Website will be free from infection, viruses or destructive code and shall not be liable to you on any basis for any damage or loss suffered by you as a result of material on the Website infecting or damaging your computer equipment, software and any other electronic device.

Liability and your indemnity

60. If the Website or any Services supplied by CoreLogic does not comply with the relevant requirements in these Terms or otherwise specified on the Website, CoreLogic will (within a reasonable time period) either:

    1. re-supply the Service to you; or
    2. refund to you any charges you have paid in respect of the relevant Service.

    Except as specified in clause 67 below, this shall be your sole remedy in respect of any defect in the Services provided to you by CoreLogic.

61. You are responsible for your use of the Services and/or the Website, except to the extent of loss, liability or damage that you incur as a direct result of a breach by CoreLogic of these Terms or the negligence of CoreLogic and such breach or other issue was not been resolved by CoreLogic in accordance with clause 66 above.
62. You are responsible for establishing procedures for your data backup and virus protection.

63. Without detracting from clause 66, in no circumstances will you or CoreLogic(or any of CoreLogic’s Third Party Providers) be liable for:

    1. any special, consequential, indirect, incidental, punitive or exemplary damages of any kind; or
    2. damages for any loss of profits or revenue, loss resulting from interruption of business or loss of use or data, arising out of or relating to the Services, however caused, and even if you, CoreLogic or its Third Party Providers (as applicable had been advised of or should have known of the possibility of such loss, except in relation to any unlawful or unauthorised use of our intellectual property or confidential information by you (or those for whom you are responsible) or any intellectual property infringement claims from third parties around your Customer Materials.

64. You agree to reimburse CoreLogic for any loss, liability, cost, fee or damage that CoreLogic or any of its related entities or partners (or any of their employees, directors or officers) incurs as a direct result of:

    1. your failure to comply with these Terms or any Law;
    2. your negligence;
    3. CoreLogic’s use of your Customer Materials; or
    4. any content you submit on the Website or your reliance on the content submitted by any other user of the Website.

Suspension and termination

65. Without limiting any other rights or remedies available to you or CoreLogic (under these Terms or at law), if an amount is overdue by more than one month or you are otherwise in breach of these Terms, CoreLogic may suspend the provision of any Service to you until payment (including interest payable) is received or the relevant breach has been remedied.

66. CoreLogic may also suspend access to the Website and the Services at any time:

    1. for such time as is necessary to carry out maintenance determined by CoreLogic to be necessary;
    2. to reduce or prevent interference with CoreLogic’s systems or the Website; and/or
    3. if required to do so as a result of a direction from any Government, law enforcement or other authority.
67. CoreLogic may terminate (as applicable) your subscription and/or your right to access or use the Website and/or the Services at any time if you breach any material term or condition in these Terms or you abuse the Website or the Services (Which shall include any unlawful or unauthorised use of our intellectual property or confidential information by you (or those for whom you are responsible) or in the case of any intellectual property infringement claim from a third party around your Customer Materials).
68. You may, at any time and for any reason, on notice to CoreLogic, terminate your subscription to the Website and the Services provided by CoreLogic.
69. In the event of termination under clause 73 or 74 above, despite such termination, all copyright, data privacy and use of information obligations will remain in effect after termination in respect of all information, copies and compilations retained by you.

Notices

70. Your address for notices is held by the CoreLogic Customer Support Team Manager. Any changes to customer details should be provided in writing to the CoreLogic Customer Support Team Manager, CoreLogic, PO Box 4072, Wellington, or email info@corelogic.co.nz.

Part Two – Disclaimers

Property information

71. The property information (including data) contained within reports issued by CoreLogic is not intended or designed to replace a full market valuation. If you need a property valuation for lending, tax or other purposes then you should seek a full market valuation from a registered valuer.
72. While CoreLogic uses commercially reasonable efforts to ensure the CoreLogic Data is current, CoreLogic does not warrant the accuracy, currency or completeness of the CoreLogic Data and to the full extent permitted by law excludes all loss or damage howsoever arising (including through negligence) in connection with the CoreLogic Data.
73. CoreLogic will use its reasonable endeavours to check that the property statistics contained within reports are substantially complete and free of errors or defects. However, you acknowledge that from time to time, errors may occur.

74. The information supplied by CoreLogic as part of the Services:

    1. is not a certified copy of any district valuation roll entry;
    2. is drawn from third party sources which are independent of and outside the control of CoreLogic;
    3. is not warranted for lending purposes; and
    4. is not a registered valuer's report for the purposes of the Trustee Act 1956.

Maps

75. A map showing property boundaries is indicative only and may not be complete or accurate.
76. A map that is produced is not intended or designed to replace the certificate of title or land survey information. If you need a certificate of title or land survey information for any purpose then you can order these from the Website.
77. CoreLogic has used its reasonable endeavours to check the accuracy, availability and completeness of the information contained in a map. However, the accuracy and completeness of such information is not guaranteed by CoreLogic.
78. A property report is complete without a map.

Estimated Value

79. The estimated value and estimate of selling range is only an estimate and is solely the result of an analysis of comparable property data collated by CoreLogic. It is also based on the property being freehold.
80. An automated valuation model estimate (AVM Estimate) is a statistically derived estimate of the value of the subject property. An AVM Estimate is generated (i) by a computer driven mathematical model in reliance on available data; (ii) without the physical inspection of the subject property; (iii) without taking into account any market conditions (including building, planning, or economic), and/or (iv) without identifying observable features or risks (including adverse environmental issues, state of repair, improvements, renovations, aesthetics, views or aspect) which may, together or separately, affect the value.
81. An AVM Estimate is current only at the date of publication or supply. An AVM Estimate must not be relied upon as a professional valuation or an accurate representation of the market value of the subject property as determined by a valuer. CoreLogic expressly excludes any warranties and representations that an AVM Estimate is an accurate representation as to the market value of the subject property.
82. To the full extent permitted by law, CoreLogic excludes all liability for any loss or damage howsoever arising or suffered by the recipient, whether as a result of the recipient's reliance on the accuracy of an AVM Estimate or otherwise arising in connection with an AVM Estimate.

Rating valuations

83. The rating valuation data is the result of data collated by CoreLogic and nothing more.

Hazard Report

84. Any hazard and risk data is provided for the purposes of identifying factors that might influence the land dealing and other property rights in relation to the relevant property (Hazard Data). It is indicative only and not intended to replace obtaining specific professional advice.

85. Any Hazard Data does not take into account all matters that may be relevant to a property and the recipient acknowledges and accepts:

    1. that CoreLogic does not make any representations in relation to the relevant property;
    2. it is not based on any site-specific geological or engineering investigation at the relevant property;
    3. the Hazard Data is not a geological or engineering report for a property and does not replace the need for a site inspection in relation to issues relating to geological, foundation, or other hazard-related conditions at the relevant property;
    4. the information and data contained in the Hazard Data has been obtained from a variety of third party sources;
    5. a Maori land indicator is indicative only, and is not a replacement of the records held by the Maori Land Court;
    6. a weathertightness indicator is indicative only and is not a replacement for a specialist weathertightness building inspection report;
    7. an allowance has been made in relation to properties in Canterbury, where the relevant property has been identified as having a CERA technical category rating. This allowance is indicative only and specific engineering advice should be sought for a reliable estimate of any costs associated with the property having a CERA technical category rating

Title Details Report

86. Any data or information provided based on a certificate of title is a subset of information available from the relevant registering body and has not been changed in any way by CoreLogic. Such data and information is not a substitute for a certificate of title. The data and information is updated at regular intervals (promptly after receipt) but may be up to six weeks old. At any time, the data or information relating to a certificate of title may be superseded.