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The Cotality Data provided in this publication is of a general nature and should not be construed as specific advice or relied upon in lieu of appropriate professional advice.

While Cotality uses commercially reasonable efforts to ensure the Cotality Data is current, Cotality does not warrant the accuracy, currency or completeness of the Cotality Data and to the full extent permitted by law excludes all loss or damage howsoever arising (including through negligence) in connection with the Cotality Data.

An automated valuation model estimate (AVM Estimate) is a statistically derived estimate of the sale or rental value (as the context requires) of the subject property. An AVM Estimate must not be relied upon as a professional valuation or an accurate representation of the market sale or rental value of the subject property. For further information about the AVM Estimate, please refer to the end of this document.

To the extent that the Product Data incorporates LINZ Data, the recipient:

1. 1.   will amend or delete the LINZ Data (or any part of it) within 10 Business Days of being directed by CoreLogic (which must only be made where CoreLogic receives a corresponding request from LINZ), and provide CoreLogic with reasonable evidence (satisfactory to LINZ) that such LINZ Data has been so amended or deleted; and

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

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

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

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

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

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

1. 3. accepts and agrees in respect of LINZ:

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

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

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

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

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

In this section:

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

LINZ means Land Information New Zealand.

LINZ Data means Product Data delivered by LINZ to CoreLogic.

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

Product Data licenced by CoreLogic under a Creative Commons Attribution licence. For details regarding licence, data source, copyright and disclaimers, see https://www.corelogic.com.au/aboutus/thirdpartyrestrictions