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Property Guru Mobile App General Terms and Conditions

BY INSTALLING AND USING THE APP AND PRODUCT DATA YOU AGREE AS FOLLOWS:

1. ACCESS AND AVAILABILITY OF APP

1.1 Your access to and use of the Property Guru Mobile Application (the App) is subject to these App Terms (which includes the terms of the applicable Product Agreement).

1.2 The App is made available by CoreLogic to:

  1. its Customers which have subscribed to a Product, have a Product Agreement with CoreLogic and have been provided with a user name and a Password for the purpose of accessing the Product; and
  2. its Customers’ Enabled Users which are also authorised in the Customer’s Product Agreement to access the Product by using an authorised user name and Password.

1.3 In order to properly use the App, you must:

  1. have a compatible mobile device and internet access that meets all the necessary minimum specifications to run the App; and
  2. be authorised to access a Product by using an authorised user name and Password in accordance with a Product Agreement.

1.4 You acknowledge and agree that:

  1. you will only be able to access the Product Data through using the App during the period in which you are authorised to access and use the Product in accordance with a Product Agreement;
  2. your use of the Product Data accessed through the App will be strictly in accordance with the terms of the Product Agreement;
  3. suspension or termination of the Product Agreement through which you are authorised to access the Product Data will result in you no longer being authorised or able to view the Product Data through the App; and
  4. the version of the App may be upgraded from time to time. If you do not install an upgrade, some or all of the functionality on the App may not be available to you.

1.5 CoreLogic will endeavour to make the App available at all times. However, you acknowledge that the App is provided over the internet and mobile networks and so the quality and availability of the App is not guaranteed.

1.6 CoreLogic is not obliged to provide access to the App or any Product Data to the extent that it is prohibited from doing so by Law or any agreements with any Third Party Provider.

1.7 Access to the App via your account may only be cancelled by you deleting or uninstalling the App.

1.8 CoreLogic reserves the right to:

  1. change or update these App Terms;
  2. change, refine or otherwise modify the features and functionality of the App; or
  3. cease, discontinue or temporarily suspend the availability of the App and will endeavour to give as much notice as is practicable before doing so.

1.9 You permit CoreLogic to check that the App is being used in accordance with these App Terms.

2. LICENCE AND USE RESTRICTIONS

2.1 CoreLogic hereby grants to the Customer a non-exclusive, non-transferable, non-sublicensable limited license for the term of the Customer’s Product Agreement to access and use the App accessible on the terms of the Customer’s Product Agreement, solely for support of the Customer's Internal Business Needs.

2.2 You acknowledge and agree you are not a business acting as a reseller of the App or the Product Data.

2.3 You acknowledge and agree to use the App Product Data solely for support of the Customer's Internal Business Needs, and in accordance with all Laws. Except as expressly permitted under these App Terms or to the extent permitted by Law, you must not, or encourage any person or entity to:

  1. decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the App or Product Data, including any source code, object code, algorithms, methods or techniques used or embodied therein;
  2. modify, duplicate or create any derivative works based upon the App or Product Data;
  3. distribute, resell, commercialise, disclose, market, publish, rent, lease, assign, incorporate into any database, sublicense or otherwise transfer any Product Data in any form to any third party, or use the Product Data on behalf of or for the benefit of any third party;
  4. remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the Product Data;
  5. data mine, scrape, crawl, email harvest or use any process or processes that send automated queries to the Product Data;
  6. incorporate any portion of the Product Data into any other materials, products or services that are not intended for your personal use; and
  7. use, or offer to use, any Product Data for or in connection with any marketing activities.

2.4 You will also be responsible for all use of the App and the Product Data accessed via the App, even unauthorised use of and access to your account.

2.5 Unless CoreLogic agrees otherwise in writing, the Customer and its Enabled Users are provided with access to the App only for the Internal Business Needs. The Customer and and its Enabled Users must not use this App for any other purpose unless it has first obtained the written consent of CoreLogic.

2.6 Any queries you have regarding the App or the Product should be provided in writing to the Customer Support Team Manager, CoreLogic NZ Limited, PO Box 4072, Wellington, or email info@corelogic.co.nz.

3. CHARGES & PAYMENT

3.1 CoreLogic will not charge you for downloading the App, but your internet or mobile network provider may charge you for connection services when you download and/or use the App.

3.2 Mobile devices, communications links and systems compatibility (and all costs associated with such items) are your sole responsibility. You agree that CoreLogic is not responsible for any of those charges.

3.3 You will be liable for all charges arising in connection with the use of (and in-app purchases made through) the Apple or Google account through which you have downloaded the App.

4. SECURITY

4.1 You are responsible for keeping each device on which you have installed the App safe and secure. You must ensure each device on which you have installed the App is secured with password protection to prevent others accessing the App or your Apple or Google account.

4.2 You acknowledge and agree that you bear the sole responsibility for protecting your login and Password. You must not knowingly or recklessly allow any other person to access the App or the Products using your login and Password.

4.3 You must immediately notify us if you become aware that your user name or Password have been compromised, become known by a third party, or there has been an unauthorised use of the Customer’s account and login details. Upon notifying CoreLogic, CoreLogic will take all reasonable steps to deactivate your account and issue the Customer and any Enabled Users with new login details.

4.4 Your login and Password may only be used on a reasonable number of separate devices (as determined by CoreLogic in its sole discretion). If CoreLogic has good reason to believe that you have breached these App Terms, including unauthorised disclosure or sharing of login(s) (and Password(s)), it may immediately terminate or suspend your use of the App.

4.5 For security reasons, CoreLogic may require you to re-authenticate itself from time to time, for example after a period of inactivity on the connection between the Customer’s browser and the App. CoreLogic is not responsible for any information that the Customer may lose if CoreLogic terminates the Customer’s browser session due to prolonged periods of inactivity.

4.6 CoreLogic will take reasonable steps to secure the App and the systems within its control that are used to access the App. However, CoreLogic does not guarantee the security of the App, the systems within its control or any information that passes through such systems, due to the unreliable nature of the internet or the Customer’s inappropriate use of the App and/or systems in breach of these App Terms.

5. SUSPENSION & TERMINATION

5.1 CoreLogic may suspend access to the Product Data that may be accessed through the App at any time:

  1. to reduce or prevent interference with CoreLogic’s systems; and/or
  2. if required to do so as a result of a direction from any Third Party Provider, Government, law enforcement or other authority.

5.2 CoreLogic may terminate (as applicable) your right to access or use the App and/or access any Product Data at any time if you breach these App Terms or you abuse the App or your use of the Product Data in any way.

5.3 You may cease using the App at any time by deleting or uninstalling the App. Once you have deleted the App, the rights and licenses granted to you in these App Terms will end.

5.4 Once your licence to use and access the Products is terminated, suspended or expires, the rights and licenses granted to you to access the Product Data through the App will end.

5.5 In the event of termination under clauses 5.2 or 5.3 above, despite such termination, all copyright, data privacy and use of information obligations in the App Terms and any applicable Product Agreement will remain in effect after termination in respect of all information, copies and compilations retained by you.

6. INTELLECTUAL PROPERTY

6.1 The App is owned and operated by CoreLogic. The contents of the App (and the Product Data on or purchased through it) are protected by copyright and other intellectual property rights, and no part of the App (or any Product Data on or purchased 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 right in respect of any of the Products or any other documentation, information or materials contained on or made available through the App.

6.2 Nothing contained on the App should be construed as granting any license or right of use to any trade mark displayed on the App without the express written permission of the relevant owner.

7. APPLE & GOOGLE

7.1 Where you have downloaded the App from the Apple Store, you acknowledge and agree that:

  1. your rights to install and use the App and make any in-app purchases through the App are subject to these App Terms and the relevant terms in the Apple Store terms of service;
  2. Apple is not responsible for the App in any way, including for any maintenance or support of the App;
  3. to the maximum extent permitted by law, Apple has no warranty obligations with respect to the App;
  4. CoreLogic (and not Apple) is responsible for addressing any claims by you or a third party in connection with the App (including any claims by a third party that the App breaches that person’s intellectual property rights); and
  5. although these App Terms are entered into between you and CoreLogic, Apple, as a third party beneficiary under these Terms, will have the right to enforce these App Terms against you.

7.2 Where you have downloaded the App from the Google Play Store, you acknowledge and agree that:

  1. your rights to install and use the App and make any in-app purchases through the App are subject to these App Terms and the relevant terms in the Google Play Store terms of service;
  2. Google is not responsible for the App in any way, including any maintenance or support of the App; and
  3. CoreLogic (and not Google) is responsible for addressing any claims by you or a third party in connection with the App (including any claims by a third party that the App breaches that person’s intellectual property rights).

7.3 You represent and warrant that you are not, and will not, be located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country and that you are not listed on any US Government list of prohibited or restricted parties.

8. LIMITED WARRANTY

8.1 CoreLogic warrants that the App will have those basic features described in the App, and that CoreLogic will use commercially reasonable efforts to ensure that the App and the Product Data are accessible in accordance with these App Terms.

8.2 You specifically acknowledge that the warranty in clause 8.1 is in lieu of any other warranties, and to the fullest extent permitted by Law, all other warranties are excluded. In this regard, CoreLogic (and any Third Party Providers) expressly disclaim all warranties that:

  1. access to the App or any Product Data will always be immediate or uninterrupted;
  2. the App or any material or Product Data accessed through the App 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 the App or any material accessed through the App infecting or damaging your mobile device, computer equipment, software or any other electronic device;
  3. the App or the Products will meet your requirements; and
  4. the App or the Products will be accurate, reliable, secure, error-free or that errors or defects in the App or the Product Data will be corrected. However CoreLogic will, where practically possible, endeavour to correct errors within a reasonable time.

8.3 The Customer specifically acknowledges and agrees that:

  1. CoreLogic is a supplier (as that term is defined in the Consumer Guarantees Act 1993 (CGA)) of the Products and Product Data;
  2. the Products and Product Data are acquired by the Customer for the purposes of a business (as that term is defined in the CGA); and
  3. the CGA does not apply to the Products or the Product Data supplied by CoreLogic.

9. CUSTOMER MATERIALS

9.1 The Customer (either directly or through any End User or Enabled Users) may from time to time provide or otherwise make available to CoreLogic the Customer Materials. The Customer Materials shall be deemed to be non-confidential and CoreLogic shall have no obligation of any kind with respect to such information. The Customer (on behalf of itself and any End User or Enabled Users) hereby grants CoreLogic and its service providers a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, make derivative works of, and otherwise commercialise and exploit, the Customer Materials, excluding the Customer Supplied Personal Information.

9.2 Furthermore, CoreLogic shall be free to use any ideas, concepts, know-how or techniques contained in the Customer Materials for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information, excluding the Customer Supplied Personal Information.

9.3 The Customer represents and warrants to CoreLogic (and its service providers) that:

  1. it has the right to grant the foregoing licenses in and to the Customer Materials;
  2. the Customer Materials do not and will not infringe upon or misappropriate any rights, including, without limitation, intellectual property rights of any third parties;
  3. that such Customer Materials are, and will remain, free of worms, viruses, Trojan Horses, and other disabling code; and
  4. the Customer will not run any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software in relation to the App or which is designed to extract unauthorised data from the App.

10. DEFINITIONS

10.1 In these App Terms, unless the context otherwise requires, the following words will have the meaning set out hereunder:

App means the mobile software application Property Guru Mobile and includes any upgrades of the App and any other software or documentation which enables the use of the App.

App Terms mean these terms and conditions (as amended from time to time in accordance with clause 2.8) and the terms referred to in these terms and conditions, including the terms of the applicable Product Agreement.

Apple means Apple Inc and any other companies within its group.

Customer means the customer recorded in the application form between the customer and CoreLogic, and as the context permits, includes Enabled Users.

Customer Materials means any and all data, information, content, photographs and other materials provided or that may be supplied to CoreLogic by the Customer (or otherwise obtained by CoreLogic from the Customer), directly or indirectly (including through an End User or Enabled User), from time to time.

Customer Supplied Personal Information means first name, surname, email and mobile phone data provided by the Customer to CoreLogic as part of the Customer Materials (but for clarity, does not include any data provided to CoreLogic by any other third party).

Enabled User means those staff members in the Customer’s company or organisation who are authorised to access the Data Product on CoreLogic’s Website and have been allocated a user name and Password for that purpose.

End User means the person who is supplied (by the Customer or an Enabled User) a Product or a Product derivative for that person’s own personal (non-commercial) use as part of the Customer’s Internal Business Needs.

Google means Google Inc. and other companies within its group.

Internal Business Needs means solely for the internal business needs of the Customer and not to be provided to any other third party unless consented to in writing by CoreLogic (in its discretion). For clarity it is agreed that the following are not for Internal Business Needs:

  1. any direct or indirect supply of raw Product Data or Product Data derivatives by the Customer to third parties for on-supply, re-use or resale; and
  2. any marketing purposes (whether unsolicited or otherwise).

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

LINZ means Land Information New Zealand.

Party means the Customer or CoreLogic and ‘Parties’ shall mean both of them.

Password means the individual password and any additional security measures which may be introduced from time to time, allocated to an individual user name which may be changed from time to time.

Product Agreement means the terms and conditions upon which a Customer or an Enabled User may access and use the Product constituted by the application form signed by the Customer and CoreLogic and the relevant CoreLogic terms and conditions applicable at the date the Customer executed the application form and includes, any relevant amendments made from time to time.

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

Products means the property information services (including Product Data, legal document or report ordering service (if access enabled), information, report and other documentation or materials) made available by CoreLogic through the Website under the Agreement through either of the CoreLogic products titled Property Guru and RPNZ.

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 contained within or provided with any Product and includes, without limitation, , any local authority, PropertyInsight joint venture, Apple, Google, LINZ, Statistics New Zealand, the Ministry of Education and NIWA.

Website means the website through which the Products are made available.