Legal Information

 

Terms of Use

Last updated: 12 May 2016

1. Introduction

These HomeOversite Terms of Use, together with the Privacy Policy, comprise a legally binding agreement between you and us (the “Agreement”).   This Agreement governs your use of any HomeOversite smartphone application (“Application”) and any of the services provided from time to time via homeoversite.co.nz or the Application (“Services”).  Homeoversite.co.nz is referred to as the “Website” in this Agreement. The Services and Application are provided by or on behalf of Insiteful Limited (also called “Insiteful”, “we”, “us” and “our”).

By confirming your acceptance or agreement to these terms (where this option is provided to you), or by otherwise using the Services or Application in any way, you acknowledge that you have read and understood the terms and conditions of this Agreement and agree to be bound by all of its provisions.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the full legal authority to bind that company or entity to this Agreement, in which case references to “you” and “your” are references to that company or entity.

If you do not agree to this Agreement, or do not have the authority mentioned above, you are not permitted to use the Services or the Application.

We aim to provide a helpful service and so please do let us know if you encounter any problems or issues with the Services or Application.  You can email us at info@homeoversite.co.nz.

 

2.  Are you a Property File Owner or Invited User?

To understand this Agreement and how it applies to you it is important that you understand what a Property File is and who Property File Owners and Invited Users are. You could be a Property File Owner or Invited User, or both.

What is a Property File?

A “Property File” is a virtual file containing the content that has been collected about a particular property.  A Property File is created once a user adds a property to the Services.  The Property File includes information about a property that we may add automatically as part of the Services (eg the property’s Rateable Value) as well as other content uploaded or posted by users (eg maintenance information and scanned documents).  Where more than one user adds the same property in the Services, there is a separate Property File in relation to each instance of that property in the Services.

Who is a Property File Owner?

A user is a “Property File Owner” once they have created a Property File or someone else has transferred a Property File to them via the Services or buildinsite.co.nz.  They stop being a Property File Owner once they have used the Services to archive or transfer the Property File.  To be a Property File Owner a user also needs to have subscribed to the appropriate plan with us.  If you are a Property File Owner, the Invited Users that have been given access to your Property File are called “your Invited Users”.

To avoid any doubt, while a Property File may be transferred from buildinsite.co.nz, buildinsite.co.nz is subject to its own terms and conditions and not this Agreement.

Who is an Invited User?

A user is an “Invited User” if they have been given access to any part of a Property File via the Services and they are not the Property File Owner for that Property File.   If you are an Invited User, the Property File Owner for the Property File you have been given access to is called “your Property File Owner”.

Sometimes the access to a Property File by an Invited User may require the user to setup an account with us and sometimes it will not.  For example, if someone gives a user access to a Property File via a link to the Website and they are not required to setup an account to access that Property File then they are still an Invited User.

Can someone be both a Property File Owner and an Invited User?

Yes, someone can be a Property File Owner and Invited User at the same time, but in relation to separate Property Files only.

What if I am not a Property File Owner or Invited User?

Some users with current accounts may at times be neither a Property File Owner nor an Invited User.  For example, a user may be subscribed to a plan that enables them to create Property Files, but at a particular time may not have any current Property Files under their account because they have archived or transferred those Property Files.

Can a Property File Owner have multiple Property Files?

Yes, a Property File Owner may have multiple Property Files under their account.

 

3. Property File Owners have extra rights and responsibilities

Permitting access to Property Files

There are settings in the Services that allow a Property File Owner to permit Invited Users to access their Property File. The ability of the Property File Owner to do this may be limited by their plan.  The Property File Owner is responsible for determining who those Invited Users are and, subject to the settings in the Services, the level of access they will have to the relevant Property File.  The Property File Owner may use the settings in the Services to revoke or change the access, or level of access, that their Invited Users have to a Property File.

Transferring Property Files

Property File Owners may transfer a Property File to another person using the mechanisms provided in the Services. Once a Property File Owner has transferred a Property they will retain read only access to the contents of the Property File as at the date of the transfer.  They will not obtain access to any Property File content created after that date unless they are given access as an Invited User.

Responsibility for Invited Users

Without limiting any agreement we have with an Invited User, if you are a Property File Owner, you are responsible for the acts and omissions of your Invited Users in relation to the Services except where those Invited Users have themselves accepted these terms and so have a separate agreement with us.

 

4. Your rights to use the Services and Application

Your rights to use the Services and Application

So long as you comply with this Agreement, we grant you a non-exclusive and non-transferable licence to do the following things, but only for your Permitted Purposes (as described below):

      • You may access and use the Services.
      • Where you have access to a Property File as part of the Services, you may retrieve and print copies of content from that Property File for your use offline.
      • You may install and use the Application on a device that is compatible with the Application.

Your rights to use and distribute Property Documents

A “Property Document” is a document that is automatically generated as part of the Services. So long as you comply with this Agreement, we grant you a non-exclusive and non-transferable licence to download any Property Documents that you are given access to as part of the Services for your own use, and to supply to others, but only for your Permitted Purposes (as described below).  When you supply a Property Document to someone else you are responsible for what they do and don’t do with the Property Document. You must also make sure that all notices, disclaimers and other terms included within a Property Document are retained in that Property Document and not changed, deleted or obscured in any way.

What are your Permitted Purposes?

The rights you are granted in this Agreement may only be exercised for a limited range of purposes, which are called Permitted Purposes. These Permitted Purposes differ depending on whether you are a Property File Owner, Invited User or neither.  “Permitted Purposes” means:

      • If you are a Property File Owner:
        • your own personal purposes or, if you are a business, your internal business purposes; and
        • for the purpose of managing the relevant Property File for a current or potential owner of the property that the Property File relates to.
      • If you are an Invited User, the Permitted Purposes of your Property File Owner. For example, where an Invited User has been given access to certain parts of a Property File this means that the Invited User is only permitted to access those parts for the Permitted Purposes of their Property File Owner and not their own purposes.
      • If you are not a Property File Owner or Invited User, your own personal purposes or, if you are a business, your internal business purposes.

Limitations

The licences granted in this clause 4 are subject to this Agreement and are limited by the type of plan (if any) that you have with us. For example, if you are a Property File Owner your plan may only permit a certain number of properties.    If you are an Invited User, your licence is further limited by the type of plan that your Property File Owner has with us.

 

5. Data Terms also apply

Some of the results or data that may be made available to you via the Services are subject to Data Terms.  The terms in the Data Terms section at the end of these Terms of Use are the “Data Terms”.  The Data Terms form part of this Agreement and you agree to comply with them.  Where there is any conflict or inconsistency between any Data Terms and this Agreement, the Data Terms will take priority in respect of the data they apply to (but not anything else).

 

6. Your Content

We don’t own Your Content

We do not own any of the content that you upload or contribute to the Services (including via an Application) (“Your Content”). You grant to us a worldwide, non-exclusive, perpetual, irrevocable, transferable and sub-licensable right to store, use, modify, adapt, prepare derivative works from, reproduce, publish, display, distribute and communicate Your Content in connection with the Services, any related services and our business, without any further consent, notice or compensation to you or others. Our Privacy Policy continues to apply to your personal information.

Your licence to other users

You also grant the following persons a non-exclusive licence to use, reproduce, adapt, distribute and display Your Content in connection with their Permitted Purposes: (a) if you are an Invited User, your Property File Owner and any Invited Users that have the same Property File Owner as you; or (b) if you are a Property File Owner, any of your Invited Users.

Your rights to grant these rights

You represent and warrant to us that you have the right and authority to grant the rights in this clause 6 and Your Content will not violate this Agreement.

Make sure Your Content is appropriate

You must make sure that Your Content does not contain anything illegal, unauthorised, misleading, defamatory, inappropriate, offensive or that infringes any rights. You must also make sure Your Content is free of viruses or harmful code and anything else that could harm the Services, Application, or us or our service providers (including harming our reputation or the reputation of our service providers).  We reserve the right (but have no obligation) to remove, block or edit any of Your Content that we consider contains any of the things referred to above.

Security and storage

We or our suppliers have endeavoured to implement technical measures that are intended to protect Your Content against unauthorised access, disclosure, alteration, loss, or destruction.  However, we cannot and do not guarantee or promise that these things won’t happen.  As a result, we strongly recommend that you maintain copies of all of Your Content independently of the Services and Application (for example, you should not throw out the original copies of any warranties or insurance policies that you may have uploaded).

We use Amazon Web Services, Inc (“AWS”) to help provide the Services, including to store Your Content.  The terms of our agreement with AWS can be found here:  https://aws.amazon.com/agreement/ (“AWS Terms”). You acknowledge and agree to AWS’ involvement in the provision of the Services, and use and storage of Your Content, on the basis of the AWS Terms.  You must not do, or fail to do, anything that causes us to breach the AWS Terms.

Disclosure

You acknowledge and agree that we or our service providers may disclose Your Content if we or they consider that such disclosure is required to provide the Services, comply with a legal process or requirement, enforce this Agreement or respond to any claims by a third party.

Recovery of Your Content

If this Agreement ends for any reason then we will, for at least 3 months from the end date, endeavour to provide a facility for you to download Your Content from the Services (in a format that we determine).

 

7. Your Privacy

Our treatment of your personal information is described in our Privacy Policy. In agreeing to these Terms of Use or using the Services you will be taken to have read and agreed to the terms of that Privacy Policy.

 

8. Your responsibilities

What you must do

You must:

  • Comply with all applicable laws (including the Privacy Act 1993), regulations and codes applicable to your use of the Services and Application.
  • Ensure that all information that you provide to us (including as part of any subscription process) is accurate, current and complete in all material respects.
  • Comply with all our directions and restrictions regarding the use of the Services and Application, including any guidelines, policies or notices we post on the Website.
  • Ensure that you have at all times all of the necessary authorisations and consents required to exercise the rights granted to you under this Agreement.
  • Notify us immediately upon becoming aware of any actual or potential breach of security or unauthorised access or use of any part of the Services or Application.
  • Make sure all your user ID, codes and passwords in connection with the Services are kept confidential and secure and are used by you only. You must immediately tell us whenever you have reason to believe that the security of your user ID, codes or passwords has been compromised.
  • Obtain all necessary permissions to use any device you download the Application to. You also acknowledge and agree that the Application is downloaded to that device at your own discretion and risk and that you will be solely responsible for any damages to that device, or loss of data, that results from the download of the Application. You, or the owner of the device, may also be charged internet access and other fees by the applicable service provider(s). Those fees are your responsibility, and not ours.

What you must never do

You must never:

  • Misuse the Services or Application. This shall include trying to access the Services or Application in a way that we have not expressly permitted, using the Services or Application in breach of any policy or other notice on the Website, or doing anything that adversely affects the Services or Application or their use by anyone else.
  • Access or use the Services or Application in a way that infringes our or anyone else’s rights.
  • Use the Services or Application for any direct or data driven marketing purposes.
  • Resell, transfer, distribute, sub-licence or otherwise make available to any third party all or any part of the Services or Application. However, if you are a Property File Owner, you may still transfer a Property File, or provide access to a Property File to an Invited User, in accordance with this Agreement and any mechanism provided to you as part of the Services. Also, if you are given access to a Property Document as part of the Services you may still supply that Property Document to someone else in accordance with clause 4.
  • Copy or modify, or create derivative works from, all or any part of the Services or Application.
  • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of all or any portion of the Application, or the software underlying the Services, except to the extent expressly permitted by law (despite this limitation) or by a separate written agreement with us.
  • Undermine, or attempt to undermine, the security or integrity of the Services or Application, circumvent any restrictions we place on your use of the Services or Application, or obtain access to any part of the Services or Application that we have not expressly given you permission to access.
  • Access or use the Services or Application for the purpose of building a product or service which competes with the Services or Application or has similar features or functionality.

Responsibility for your personnel and the activity under your account

Without limiting any agreement we may have with anyone else, you are responsible for all activity that occurs under any account you have with us and the acts and omissions of (as applicable) your employees, agents, contractors and personnel in relation to the Services.

 

9. Changes to this Agreement

We may from time to time make changes to this Agreement and to our Privacy Policy.  We will notify you of such changes by either emailing you or by displaying that notice as part of the Services (including on the Website or via the Application). Any changes will take effect on the date specified in that notice.  Your continued use of the Services or Application after you receive notice of any changes will amount to your acceptance of those changes.  You may be required to read and accept any updated version of the Agreement or Privacy Policy to continue your use of the Services or Application.

If you do not agree with any changes to the Agreement you must immediately stop using the Services and Application and immediately end this Agreement by closing your account (if you have one) or otherwise telling us in writing.  If you end this Agreement in accordance with this clause 9, and can reasonably demonstrate to us that the changes to this Agreement would have had a material detrimental impact on you, then you may be entitled to a refund in accordance with clause 11 below.

 

10. Changes to the Services and Application

We may, at our sole discretion, change the whole or any part of the Services or Application at any time without notice to you.  This Agreement continues to apply to any modified or updated Services or Application.  Some updates to the Application may be automatically downloaded and installed onto a device.  You may also not be able to use the Services until you have downloaded and installed the latest version of the Application.

If we have changed the Services or Application in a way that materially downgrades the functionality described on the Website then you may end this Agreement by closing your account (if you have one) or otherwise telling us in writing.  If you end this Agreement in accordance with this clause 10 within 30 days of the change, and you can reasonably demonstrate to us that the changes would have had a material detrimental impact on you, then you may be entitled to a refund in accordance with clause 11 below.

 

11. Fees

Paying our fees

You must pay all of the relevant subscription and other fees related to your account at the times and in the way specified by us on the Website.  You must pay the fees for the Services and Application regardless of who uses them.  Unless expressly provided otherwise, the fees are inclusive of GST.  Except where provided otherwise in this Agreement, all payments are non-refundable.

Changing the fees

We reserve the right to change the fees we charge for the Services and Application at any time.  We will provide you with advance written notice of any increases to the fees that apply to your plan.   Any increase to our fees will not apply retrospectively.  If you have agreed to fixed fees for a fixed period then we will not change those fees within that period. Your continued use of the Services or Application after your receipt of notice of an increase to the fees we charge for the Services or Application will amount to your acceptance of the increase.

If you do not agree with any change to the fees for the Services or Application you must immediately stop using the Services and Application and end this Agreement by taking the steps set out in clause 14 (Ending the Services and this Agreement).

Refunds

Where this Agreement provides that you may be entitled to a refund, the refund will be a pro-rata refund of any recurring fees (eg the monthly or annual fees) you have paid for the then current term of your plan from the date the Agreement ends until the scheduled end date of that term.  However, we are only required to provide you with that refund if you request it in writing before the expiry of 60 days from the date this Agreement has ended. You are also not entitled to any refund in relation to any one-off fees that you have paid.

 

12. Disclaimers

Content

Any content that is accessible by you on the Website (including via the Application) (“Content”) may be inaccurate, incomplete or outdated. The reasons for this include the passage of time, changing circumstances and the nature and limitations of collecting building, property, geographic and location related data.  Your use and interpretation of any Content is your responsibility (not ours) and is at your own risk.

We do not endorse, approve or pre-screen Content and, to the maximum extent permitted by law, we provide no promises, warranties or guarantees in relation to Content, including as to its adequacy, accuracy, reliability or completeness, that it is non-infringing or that it is free from anything harmful or inappropriate.  You agree that, to the maximum extent permitted by law, we are not responsible or liable in any way for any Content or the consequences of you using or relying on any Content.

The nature of the Services and Application

The nature of the Services and Application means we do not represent or warrant that they will be uninterrupted, secure, reliable, free of errors, defects or viruses or always accessible or available (including at a certain speed), that they will meet your requirements or that all problems can or will be corrected. This is in part because of the reliance of the Services and Application on systems, services, data and networks that are not owned or controlled by us.

Linked sites and services

You are responsible for deciding if you want to access or use any sites or services that link from the Services. Those links do not constitute our endorsement of those sites or services.  We do not control such sites or services and, to the fullest extent permitted by law, are not responsible or liable in any way for those sites or services or their content or availability.  You use them at your own risk.  The use of any such sites or services is governed by the terms and conditions of use and privacy policies for those sites or services, and not by this Agreement or the Privacy Policy.

Exclusions

All warranties, representations and conditions in relation to the Services and Application, whether express or implied, are excluded to the fullest extent permitted by law (including any warranties of fitness for purpose, merchantability, title and non-infringement).

Certain legislation, including the Consumer Guarantees Act 1993, may imply warranties or conditions, impose obligations or give statutory guarantees which cannot be excluded, restricted or modified except to a limited extent (together, “Statutory Provisions”).  This Agreement must be read subject to the Statutory Provisions.   If you are a consumer, you are entitled to certain guarantees under the Consumer Guarantees Act 1993.

Where you are acquiring the Services or Application in “trade” (as defined in the Consumer Guarantees Act 1993), you agree that the provisions of that Act will not apply to this Agreement.

 

13. Intellectual Property

We or our licensors own all rights, title and interest, including all intellectual property rights (whether or not registered and anywhere in the world), in and to the Services and Application (including in any underlying software, ideas, data, databases and know how) and any changes or improvements to them.  Except to the extent that we specifically grant you a licence in clause 4 (Your right to use the Services and Application) or you are granted a licence under the Data Terms, we do not grant you any rights, title or interest in relation to any of the foregoing.  You are also not granted any rights or interests in any of our trademarks, logos and business, product and domain names or those of our suppliers.

You may choose to submit ideas, comments, feedback or suggestions to us in relation to the Services or Application (“Suggestions”).  You acknowledge and agree that any Suggestions do not contain any confidential or proprietary information. You grant, and warrant that you have the right to grant, us a perpetual, irrevocable, worldwide, transferable, sublicensable and non-exclusive right to use, share, commercialise and otherwise exploit Suggestions in any way for any purpose, at no charge and free of any obligation to you or anyone else.

 

14. Ending the Services and this Agreement

How you can end this Agreement

You may immediately end this Agreement at any time for any reason by closing your account (if you have one) or otherwise telling us in writing.

How we can end this Agreement

We may end this Agreement for any reason by giving you at least 5 days’ notice beforehand.  If you have a current paid subscription and we end this Agreement for any reason other than those set out below, then you may be entitled to a refund in accordance with clause 11.

We may also end this Agreement at any time in any of the following circumstances:

      • if you are a Property File Owner, you have breached this Agreement or any of your Invited Users have breached their agreement with us;
      • if you are an Invited User, you have breached this Agreement, your Property File Owner has closed their account, we have ended our agreement with your Property File Owner or we have otherwise ended, suspended or restricted your Property Owner’s access or use of the Services or Application;
      • if you are not a Property File Owner or Invited User, you have breached this Agreement; or
      • we (in our sole discretion) consider it necessary or reasonable to do so (for example, to protect the Application or Services and the use of them by anyone else or where our ability or right to provide any part of the Application or Services has been stopped or restricted or if required by law).

We will, where practicable, notify you if we end this Agreement in the circumstances noted above.

Our rights to end, suspend and restrict access and use

We may end, suspend or restrict your access and use of the Services or Application (or both of them) where we are entitled to end this Agreement or are required to do so by AWS. We will, where practicable, notify you if we have done so.  If we exercise any of these rights to end, suspend or restrict it does not prevent us from exercising our rights to end the Agreement.

The consequences of this Agreement ending

When this Agreement ends for any reason:

      • all rights we have granted to you under this Agreement shall cease (except that you can continue to use Property Documents that you have downloaded if you continue to comply with the provisions of this Agreement in relation to Property Documents); and
      • you must immediately cease using the Services and Application, delete or remove the Application from all devices within your possession or control and, if requested by us in writing, certify to us that you have done so.

Ending this Agreement or any of the Services does not affect:

      • clauses that are intended to survive the ending or termination of this Agreement or any Services (including clauses 5, 6, 11, 12, 13, 14, 15 and 16 which will continue to operate);
      • the provisions of any Data Terms that expressly, or by their nature, survive the ending or termination of this Agreement or any Services; or
      • any rights or remedies that have accrued beforehand.

 

15. Liability and indemnity

To the maximum extent permitted by law, we and our suppliers, contractors, directors, employees and agents (“Our Related Parties”) will not be liable to you or any third party for any: (a) breach of security or unauthorised access to Your Content; (b) loss or damage to Your Content (or any other information or data); (c) errors, mistakes or inaccuracies in any Content; (d) loss or damage to any property; (e) loss of profit, revenue, opportunity or saving; or (f) incidental, indirect, special or consequential loss or damage.

The total aggregate liability of us and Our Related Parties (together) to you under or in connection with this Agreement or its subject matter is limited to the greater of the total fees paid by you for the Services in the first 12 months of this Agreement or $50.

The exclusions and limitations of liability above, and any exclusions or disclaimers of liability in this Agreement, shall apply however liability arises, whether in contract, in tort (including negligence), for breach of statutory duty or otherwise.

You fully indemnify us and our Related Parties from and against any and all claims, proceedings, damages, losses, liabilities, costs or expenses that we or Our Related Parties incur as a result of, or in connection with, your use of the Services or Application (and, if you are a Property File Owner, any use of the Services or Application by your Invited Users), Your Content or your breach of this Agreement.

Nothing in this clause 15 is intended to limit any rights you might have under the Consumer Guarantees Act 1993.

This clause 15 is for the benefit of Our Related Parties and may be enforced by them under the Contracts (Privity) Act 1982. However, it will not be necessary to get the consent or approval of Our Related Parties in order to amend this Agreement.

 

16. General

In this Agreement, unless the context otherwise requires: words in the singular include the plural and vice versa; any examples in this Agreement, and references to “including”, “for example” and similar words, are illustrative only and do not imply any limitations; references to “content” include information, documents, data, images and audio and video files; any reference to a party includes that party’s successors and permitted assigns; references to “plan” are to a subscription plan for the Services (which may include a free plan); terms defined in this Agreement have their meaning throughout this Agreement; clause and other headings are for ease of reading only and do not affect the interpretation of this Agreement; and reference to the Website includes any pages on that site and any subdomains of that site that you are permitted to access.

Without limiting any of our rights or remedies, you agree:

  • not to involve, or attempt to involve, us or any of Our Related Parties in any dispute, or in the resolution of disputes, that arise between you and any other user including, as applicable: (a) if you are an Invited User, your Property File Owner, or any Invited User that has the same Property File Owner as you; or (b) if you are a Property File Owner, any of your Invited Users; and
  • to release, and procure the release of, us and Our Related Parties from any and all claims or demands arising out of or in any way connected with such disputes.

We may from time to time provide you with an updated URL to replace any URL referred to in this Agreement.

Each of our rights and/or remedies under this agreement are cumulative and do not limit any other rights or remedies provided under this Agreement or at law.

You may only transfer or assign any of your rights or obligations under this Agreement with our prior written consent. We may subcontract, transfer or assign all or any part of our rights or obligations under this Agreement without your consent.

This Agreement constitutes the entire agreement and understanding between you and us in respect to its subject matter and replaces all previous agreements, understandings and representations relating to that subject matter and any additional or different terms that you may provide to us (including on any purchase orders).

Anything we need to notify or tell you under this Agreement (“Insiteful Notice”) may be sent to you by: (a) email or post to the address you have provided for us when signing up to the Service; or (b) displaying a notice as part of the Services (including on the Website or via the Application)).  If you are an Invited User you also agree that any Insiteful Notice will be deemed to be received by you if we have sent it by email or post to your Property File Owner.  Anything you need to notify or tell us under this Agreement (“User Notice”) must be in writing and sent to info@homeoversite.co.nz.  Any Insiteful Notice or User Notice will be deemed to have been received two days after it was sent unless the sender has been notified to the contrary (for example, by receiving notice of failure or delay in the delivery of an email).

We will not be responsible or liable for any failure or delay to perform our obligations due to any cause that is beyond our reasonable control or any failure by you to perform any of your obligations.

No agency, partnership or joint venture relationship is intended or created by this Agreement.

Any waiver by us of any part of this Agreement must be in writing and signed by one of our authorised representatives. Any delay or failure by us to exercise any right does not prevent us from exercising that right, or any other right, on that or any other occasion.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.

Except as expressly provided in this Agreement, only you and us have any benefit under this Agreement and any right to enforce this Agreement.

This Agreement is governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

 

 

DATA TERMS

CoreLogic Data – Special Terms (“Special Terms”)

1.DEFINITIONS

1.1 In these Special Terms, unless the context otherwise requires:

Unless defined otherwise in this clause 1.1, terms defined in the HomeOversite Terms of Use will have their meaning in these Special Terms.

CoreLogic” means CoreLogic NZ Limited.

CoreLogic Data” means any and all Data that Insiteful has made available to you via the Services, including all adaptations, enhancements, refreshes, additions or changes to such Data.

Data” means any results or data, including any valuation, market share analyses, index results, alerts or reports, in respect of which access is provided by CoreLogic to Insiteful.

End User Terms” means the HomeOversite Terms of Use and these Special Terms.

Permitted Purposes” has the meaning given in the HomeOversite Terms of Use, and has been repeated here for convenience. “Permitted Purposes” means:

(a) if you are a Property File Owner:

  • your own personal purposes or, if you are a business, your internal business purposes; and
  • for the purpose of managing the relevant Property File for a current or potential owner of the property that the Property File relates to.

(b) If you are an Invited User, the Permitted Purposes of your Property File Owner. For example, where an Invited User has been given access to certain parts of a Property File this means that the Invited User is only permitted to access those parts for the Permitted Purposes of their Property File Owner and not their own purposes.

(c) if you are not a Property File Owner or Invited User, your own personal purposes or, if you are a business, your internal business purposes.

Prohibited Marketing” means any message or communication (whether solicited or not) that is made in contravention of any applicable law (including the Privacy Act 1993) or contrary to industry best practice (including guidelines of the Direct Marketing Association).

Special Terms” means these CoreLogic Data – Special Terms, which are applicable to your use of the CoreLogic Data.

1.2 References to clauses and sections are references to clauses and sections in these Special Terms, unless expressly provided otherwise.

1.3 These Special Terms apply in addition to the HomeOversite Terms of Use.  If there is any conflict between these Special Terms and the HomeOversite Terms of Use, with respect to the CoreLogic Data, these Special Terms shall prevail to the extent of that conflict.

 

2.USE OF CORELOGIC DATA

2.1 You will only access the CoreLogic Data as part of the Services on and strictly subject to the End User Terms.

2.2 Insiteful and CoreLogic reserve the right to change the features and functionality of any CoreLogic Data, provided that if any such changes materially downgrades the functionality described in the Website then then you will be entitled to terminate the Agreement in accordance with clause 10 of the HomeOversite Terms of Use and you may be entitled to a refund in accordance with the HomeOversite Terms of Use.

2.3 If you are provided user names and passwords in connection with the CoreLogic Data, you must:

(a) keep confidential and safeguard from unauthorised use any user names and passwords required to access any CoreLogic Data;

(b) not send or disclose to any person, any user name or password created for the purposes of accessing the CoreLogic Data; and

(c) promptly notify Insiteful if you become aware or have reason to suspect that any of the user names or passwords required to access CoreLogic Data has been disclosed to, or used by, an unauthorised person.

2.4 Without limiting any other terms of the End User Terms, you will follow all reasonable instructions Insiteful or CoreLogic give from time to time with regard to the use of the CoreLogic Data.

 

3.THIRD PARTY CORELOGIC DATA

3.1  You acknowledge and agree that the supply of CoreLogic Data is subject to its agreements with third party suppliers (“Third Party Agreements”) and, as a consequence, acknowledge and agree that:

(a) neither Insiteful nor CoreLogic can verify the accuracy or completeness of any data supplied by any third party;

(b) neither Insiteful nor CoreLogic can warrant that the CoreLogic Data will be uninterrupted, un-delayed, without faults or error-free.

(c) neither Insiteful nor CoreLogic can make CoreLogic Data available to the extent they are prohibited from doing, or are not authorised to do so,

and, in any such circumstance, neither Insiteful nor CoreLogic will have any liability to you whatsoever for any such failure, suspension or termination.

3.2 Neither Insiteful nor CoreLogic will be liable for any delay, defect, deficiency and/or loss of service in connection with the CoreLogic Data or any loss caused by or on account of any telecommunications organisation equipment or services (including any speeds or capabilities of such equipment or services) or any requirements of the telecommunications authority.

3.3 As Insiteful relies on third parties for the provision of the CoreLogic Data, Insiteful may terminate the supply of the CoreLogic Data at any time. Insiteful will, where practicable, notify you if it does this.   Insiteful will give as much notice to you as is reasonable in the circumstances of any suspension pursuant to this clause.

 

4.LICENCE AND RESTRICTIONS

4.1 Subject to the terms of the End User Terms, Insiteful hereby grants to you a non-exclusive, non-transferable and non-sublicensable (other than where your Permitted Purposes or the End User Terms expressly includes supplying or transferring to others), limited licence during the term of the Agreement to access and use, subject to any restrictions in the End User Terms, the CoreLogic Data solely for your Permitted Purposes.  This licence includes the right to supply CoreLogic Data in Property Documents to others, but only for your Permitted Purposes and then only in accordance with the HomeOversite Terms of Use.

4.2 You acknowledge and agree to use the CoreLogic Data solely in accordance with your Permitted Purposes and in accordance with all Laws.

4.3 Except as expressly permitted by your Permitted Purposes and the End User Terms, you must not:

(a) on sell or supply the CoreLogic Data to any third parties for commercial gain;

(b) supply any of the CoreLogic Data or any derivatives of the CoreLogic Data directly to the public;

(c) decompile, disassemble or otherwise reverse engineer all or any portion of the CoreLogic Data, including any source code, algorithms, methods or techniques used or embodied therein whether by scraping, harvesting or some other means;

(d) modify or create any derivative works based upon the CoreLogic Data or incorporate into your materials, products or services any CoreLogic Data;

(e) remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the CoreLogic Data and must ensure that it reproduces any proprietary notice or label required by CoreLogic to be displayed on any reproduction or adaptation of the CoreLogic Data;

(f) distribute, disclose, market, rent, lease, assign, sublicense or otherwise transfer any CoreLogic Data to any third party, or use the CoreLogic Data on behalf of or for the benefit of any third party;

(g) incorporate any portion of the CoreLogic Data into any other materials, products or services; or

(h) use any of the CoreLogic Data for any direct or data-driven marketing purposes or Prohibited Marketing.

 

5.WARRANTIES AND EXCLUSIONS

5.1 You are responsible for ensuring, and must satisfy yourself, that the CoreLogic Data selected and ordered by you will meet your (and, if applicable, your end users) needs. For this reason, neither Insiteful nor CoreLogic warrants that the CoreLogic Data provided will be suitable for the purpose for which you intend to use it.

5.2 To the fullest extent permitted by Law, all warranties are hereby excluded. However, to the extent that any Law implies any warranties in respect of the CoreLogic Data, then you acknowledge and agree that your rights and remedies (against either Insiteful and/or CoreLogic in respect of such implied warranties are strictly limited:

(a) in the case of goods, to any one or more of the following (as Insiteful may in its discretion determine):

  1. the replacement of the goods or the supply of equivalent goods;
  2. the repair of the goods;

iii. the payment of the cost of replacing the goods or acquiring equivalent goods; or

  1. the payment of the cost of having the goods repaired, by Insiteful; or

(b) in the case of services, to any one of the following (as Insiteful may in its discretion determine):

  1. the supplying of the services again; or
  2. the payment of the cost of having the services supplied again, except as expressly provided elsewhere in the End User Terms, by Insiteful.

 

6.INDEMNITY AND LIABILITY

6.1 You acknowledge and agree that you are subject to clause 15 (Liability and indemnity) in the HomeOversite Terms of Use.

6.2 You acknowledge and agree that, to the maximum extent permitted by Law, CoreLogic will not, for any reason whatsoever, be liable to you (or any of your employees, agents, end users or representatives, as applicable) under or in connection with these End User Terms or otherwise for any loss, liability, damage, costs, expense or claim (including any direct or indirect costs, claim or loss of income, loss of actual or anticipated profits, loss of business, loss of anticipated savings, loss of damage to or corruption of data, loss of goodwill, loss of reputation or for any special indirect, incidental or loss or damage of any kind howsoever arising, whether such loss or damage was foreseeable in the contemplation of the parties and whether arising in or for breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise).

 

7.INTELLECTUAL PROPERTY RIGHTS

7.1 You acknowledge and agree that CoreLogic is and remains the sole and exclusive owner of all right, title and interest in and to the CoreLogic Data, including any and all creations, inventions and intellectual property rights contained or embodied within any CoreLogic Data, subject to any rights of any third party licensor in any intellectual property rights contained or embodied within any CoreLogic Data.

7.2 You:

(a) acknowledge and agree that you do not acquire any proprietary rights in or to the CoreLogic Data supplied or made available by Insiteful, CoreLogic or any other person;

(b) undertake to use reasonable endeavours to ensure the CoreLogic Data is protected from unauthorised use or access by third parties; and

(c) acknowledge the CoreLogic Data may contain data and information sourced from councils, regional councils and other authority bodies.

You acknowledge that, in respect of any CoreLogic Data provided by Auckland Council (whether modified or adapted by CoreLogic and/or Insiteful or not), this clause 7.2 is also for the benefit of Auckland Council for the purposes of the Contracts (Privity) Act 1982.

7.3 You acknowledge and agree that you will not, and will not permit any other person or entity to, infringe upon, harm, assert ownership or contest the validity of CoreLogic’s (or any of its third party licensor’s) ownership of the CoreLogic Data, or the creations, inventions and intellectual property rights contained or embodied within the CoreLogic Data. You will notify Insiteful of any actual or threatened misuse of any CoreLogic Data.

7.4 If at any time all or any part of the CoreLogic Data are, or in Insiteful’s opinion may become, the subject of any claim or suit for any infringement, Insiteful may at its own expense and option arrange for the modification or replacement of the affected CoreLogic Data so that it is non-infringing, or obtain for you the right to continue using the affected CoreLogic Data.

 

8.SECURITY

8.1 You will ensure that no security interest is granted by you or any of your employees, agents, end users or representatives (as applicable) in relation to any CoreLogic Data.

 

9.AUDIT RIGHTS

9.1 Insiteful and/or CoreLogic or any of their representatives may from time to time audit your records related to you and any of your employees, agents, end users or representatives use of the CoreLogic Data and compliance with these End User Terms and you shall allow Insiteful and/or CoreLogic or any of their representatives to carry out the audit to have full access to your records for the purposes of carrying out the audit.

 

10.PRIVITY

10.1 Pursuant to the provision of the Contracts (Privity) Act 1982, the parties acknowledge that the terms and provisions of these Special Terms confer a benefit on and shall be enforceable by, CoreLogic as if CoreLogic were a party to the End User Terms.

 

Privacy Policy

 

In this policy we explain how Insiteful Limited (“we”, “our”, “Insiteful”) handles your personal information. It applies to both BuildInsite and HomeOversite. This policy and its interpretation and operation are governed by New Zealand law. Capitalised terms have the meaning given to them in the HomeOversite Terms of Use.

 

The information we collect

When you register for an account with us, either as a Property File Owner or an Invited User, we’ll ask you for some identifying information, such as your name, email address and phone number. You may also provide us with personal information in the course of using our products or services or getting in touch with us. When you’re logged in, our systems will also generate information about your use of our sites and the services they provide.

If you purchase a product or service from us using a credit or debit card, you will be required to provide your credit or debit card details but you will be directed to a secure web page hosted by Chargify and/or Payment Express to enter those details. We do not collect or save the information you enter on that page. If you would like to know more about how Payment Express handles your personal information, please read Payment Express’s privacy policy. Chargify does not store credit or debit card information of any kind.

Other than credit or debit card details, we are the entity that will hold your personal information. We take good care of your information and have systems and processes in place to protect it. We use a third party web host to host our sites and a third party email provider to process our email newsletters and so they too may hold some or all of the personal information you provide.

If you don’t wish to provide the information we request, we may not be able to provide you with the products or services you’re after.

 

Why we collect and store your personal information

We collect and retain the personal information outlined above to enable us to identify you, to provide our products and services to you as described on our sites from time to time, to provide you with support and to communicate with you in relation to your use of our products and services. We may also use it:

  • to prepare aggregated and anonymised datasets relevant to the markets that we or other organisations serve (including by combining it with other datasets);
  • for our internal business purposes;
  • to prepare and distribute reports on trends and opportunities relevant to the markets we serve (but without naming you or your property);
  • to connect product and service providers with property owners, builders and other users of our websites and applications (we do this through our sites or our email communications by connecting service provider attributes with relevant attributes of our customers); and
  • to provide benchmarking and other insights to our customers (e.g., “your project is tracking 2 months behind the average for such projects”).

 

Disclosure

We strictly control the disclosure of your personal information to third parties. Without limiting what we have said above about reports and aggregated and anonymised datasets, we will not disclose your personal information unless:

  • we need to do so to protect our or third party rights;
  • we or our service providers have to or are authorised to do so by law;
  • we decide to share it with trusted providers of related services, including mail-houses, our email provider, and providers of data analytics, data augmentation or data washing services;
  • you consent to our doing so;
  • disclosure would not constitute an interference with privacy under the Privacy Act 1993; or
  • we consider we need to during a due diligence or following an acquisition of us or our assets.

 

Commercial communications

If you’re an account holder, we may send messages to you in relation to our or other product and service providers’ current or future products and services and your use of them. We may do so by email, post or by using any internal messaging system we may implement on our sites. By agreeing to our Terms of Use when registering for an account, you consent to our sending such messages to you.

Our commercial messages to you will contain unsubscribe information so you can opt out of further receipt.

 

Other information and cookies

We may collect statistical information about visits to our sites to help us analyse and understand usage of them. We may use cookies or other similar technology for this purpose, for authentication-related purposes (e.g., to enable our systems to know when you are logged in) as well as other purposes relating to our operation and the security of our sites.

By using our services, you agree to our use of cookies and such other technology. You can remove or block cookies (by using settings in your browser) but doing so may affect your ability to use our services.

 

Access and correction

If you’re an account holder, you can change certain personal information by logging in and editing your profile (by clicking the “Account Settings” link). Under New Zealand law, you also have the right to access and to request correction of any of your personal information that we hold.

To exercise this right, or to ask us anything else in relation to this policy, please send us a message via our contact form or email us at info@insiteful.co.nz or call us on +64 21 INSITE (467 483).

 

Changes

We may make changes to this privacy policy in the future. Any changes will be posted on our sites.

This privacy policy was last updated on 23 December 2015.

 

Contact Details

Should you have any questions, complaints or comments, please contact us:

Insiteful Limited

+64 21 INSITE (467 483)

info@insiteful.co.nz

Wanaka, New Zealand