The Customer agrees to pay for Hazard Reports and services at the rate advised to the Customer from time to time, including the minimum monthly charge applicable to subscribers.

Customers are invoiced monthly. Payment is required in terms of the invoice. Interest is charged on overdue amounts at the rate of 4% above the base rate charged by WestpacTrust on overdraft accounts. PropertyInsights preferred method of payment is direct debit. Credit checks will be run automatically for all companies applying for an account. Individuals wishing to subscribe will be contacted prior to a credit check being carried out. An account will not be established if the credit check is failed.

Terminal equipment, communications links and costs and ensuring systems compatibility are the responsibility of the Customer.

The Customer will be issued with an Identification code (or codes) and is liable for all charges arising through use of that identification code. Access to the service by use of that identification code may be cancelled by advising the General Manager and a new identification code will be issued on receipt of written confirmation of cancellation. The identification code (or codes) may be changed by the General Manager from time to time.

Information supplied is subject to copyright. It is supplied for the Customer's own lawful internal use and the Customer agrees not to further copy the information supplied and in particular not to publish it by written, broadcasting, videotex, electronically on computer encoded mediums or by other means without the written consent of PropertyInsight. The Customer is expressly forbidden to use the information in creating any mailing or address list of persons or properties, to use the date for telemarketing purposes, or to copy and sell the information to others. The Information and all copies and compilations of the Information must acknowledge the source of the Information and any Rights notice on the original information must be reproduced on all copies and compilations. The Customer may make one copy for backup purposes.

The Privacy Act 1993 limits the use of personal information from public registries. Subscribers are responsible for ensuring data is used within the requirements of the Act.

The information supplied:

• Is made available on an "as is" basis
• Is not provided for lending purposes
• The Hazard Report for a property is not and does not replace a site inspection or an engineering geological report for a property
• We reserve the right to make alterations to the information provided, without notification as this information may change from time to time.

PropertyInsight, Quotable Value Limited, Institute of Geological and Nuclear Sciences Limited and Niu Pacific Limited:

• Make no representations as to the completeness, correctness, currency or fitness for any purpose of the information supplied;
• Will not be responsible for any damage to or loss suffered by the Customer arising from the service provided whether arising from negligence or otherwise beyond
  • resupplying the service, or
  • refunding the cost of supplying the particular service in issue or the information;
• Does not promise that access to the service will always be immediate or uninterrupted;
• Is not responsible for telecommunication links connecting the user to the service;
• Hazard Report disclaimer:
  
  The information and data contained in a Hazard Report ("Data") has been obtained from a variety of sources. No person or organisation involved in the creation or supply of all or any Data or a Hazard Report (including, without limit, the PropertyInsight joint venture and its members) (each a "Party") gives any warranties, representations or guarantees in relation to the Data including any warranty or guarantee that the Data will be accurate, complete, free of errors, omissions and defects, up-to-date, not misleading or fit for any purpose (except to the extent any warranty or guarantee implied by law cannot be excluded).
  
  To the fullest extent permitted by law, no Party will be liable or responsible to any person or organisation for any damages, losses or expenses of any kind (arising in contract, tort or otherwise) suffered or incurred as a result of any person's or organisation's use of, or reliance on, any Data or any failure of any Data to be accurate, complete, free of errors, omissions and defects, up-to-date, not misleading or fit for any purpose.
  
  A Hazard Report is not based on any site-specific geological or engineering investigation at the relevant property. A Hazard Report is not a geological or engineering report for a property and does not replace the need for a site inspection in respect of any issues relating to geological, foundation or other hazard-related conditions at the relevant property.
  
  The map showing property boundaries in a Hazard Report is indicative only and is not intended or designed to replace a 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 QV's website.
  
  The Hazard Report is complete without a map.

The Customer assumes the sole responsibility for all use of the information supplied and agrees to indemnify PropertyInsight, Quotable Value Limited, Institute of Geological and Nuclear Sciences Limited, Niu Pacific Limited and other suppliers of information from any liability or claim of any person arising from the information supplied. In addition, the Customer agrees to indemnify PropertyInsight against the consequences of any failure to carry out effectively the customer responsibility as provided in this Agreement.

This agreement and the services to be provided may be changed by PropertyInsight giving thirty days notice either via the PropertyInsight website or in writing of:

• price changes
• changes to terms and conditions
• changes in information available.

The Customer may not assign this agreement.

If an amount is overdue by more than 1 month or breach of these terms has occurred, PropertyInsight may suspend the service until payment (including interest payable) is received, or the breach is remedied.

PropertyInsight may terminate this agreement at any time without notice. The Customer may terminate this agreement at any time by giving written notice. All Copyright, Data Privacy and Use of Information obligations remain in effect after termination for all Information, copies and compilations retained by the subscriber.

This records the entire agreement between the parties. Except as provided under Modification of Terms no provision shall be waived and no change will be binding unless in writing signed by the party to be bound.

The validity, interpretation and enforcement of this agreement shall be governed by the laws of New Zealand

The Customer's address for notices is held by the PropertyInsight General Manager. Any changes to customer details should be provided in writing to the General Manager, PROPERTYINSIGHT, PO Box 5098, Wellington.

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