Data Services Terms

These Data Services Terms include details of, and certain additional terms that apply to, the Data Services which JAVLN provides.

Where the Customer has signed a Subscription Agreement which includes Data Services, these Data Services Terms apply and form part of the Agreement as defined in the JAVLN Terms of Service available at www.javln.com/terms-of-service/ (Terms of Service).

Terms defined in the Terms of Service have the same meaning when used in these Data Services Terms.

• 2.1 Overview: Data Services provide Customers with access to data, information or reports sourced from a third party or a third party database (referred to as Licensed Data).
  
  
• 2.2 Types of Data Services: As at the effective date of this version of the Data Services Terms the Data Services which Customers may subscribe to are listed in the table below.

   

  Data Service Description	Permitted Purpose / Use of Data
  Address Finder
  Address lookup	Providing address verification in connection with the Customer's operation of an insurance broking, agency, underwriting or other business.
  Redbook
  Plate to Redbook Code	To obtain accurate vehicle specification data and vehicle valuation data for private motor vehicles in connection with the operation of the Customer's automotive finance and/or insurance business operations.
  Plate to Redbook Code and NZTA Motorcheck report
  Plate to Redbook Valuation
  Plate to Redbook Code and NZTA Motorcheck report
  Motorweb
  Motorweb services	To identify, assess and verify a specific vehicle in connection with the Customer's motor insurance business operations

   

• 2.3 Data from Third Party Apps: JAVLN may also from time to time integrate its SaaS Services with a Third Party App which enables the Customer to receive or consume data, information and/or reports from the Third Party App under an agreement, licence or arrangement where the Customer pays the Third Party App Provider directly for the data, information and/or reports received or consumed by the Customer. The supply of such data, information and/or reports is not a Data Service and is not governed by these Data Services Terms. Refer to the Terms of Service for terms relating to Third Party Apps.
  
  
• 2.4 Licence: Subject to the terms of the Agreement, JAVLN grants to the Customer and its Affiliates a non-exclusive, non-transferable licence to use each applicable Data Service, together with the Documentation applicable to the Data Service and the Licensed Data, during the Subscription Term for the Data Service.
  
  

• 3.1 Service Fees charged by Query: The Customer acknowledges that, unless specified otherwise, each Data Service operates on the basis of a pay per use structure – a Service Fee is applied to each successful delivery of Licensed Data following a Query from the Customer or its Affiliate, and are limited to a single use of the Licensed Data provided per Query. A Query is a defined as a request for any Licensed Data made to JAVLN's (or its third party licensor's) servers by a Customer or its Affiliate using a Data Service.
  
  

• • 
    4.1 Explanatory Note: JAVLN's and/or its Affiliates' contractual arrangements with Data Suppliers place various obligations and restrictions on JAVLN and/or its Affiliates, and include various disclaimers and limitations, in relation to the Licensed Data and the Data Supplier Systems. The obligations, restrictions, disclaimers and limitations in this section 4 take into account, and are reasonably necessary given, the terms of these contractual arrangements with the Data Suppliers.
    
    
  • 4.2 Use of Data Services: Unless expressly permitted or provided otherwise in the applicable Subscription Agreement or authorised by JAVLN in writing, the Customer will:
    
    
    1. only use a Data Service (including the associated Licensed Data) for its permitted purpose as defined in the table in section 2.2 or as otherwise included in the relevant Data Supplier EULA (if applicable) referred to in section 4.5 or advised by JAVLN prior to the Customer signing the applicable Subscription Agreement (Permitted Purpose);
    2. use each Data Service (including the associated Licensed Data) strictly in accordance with, and within the scope of, any applicable restrictions, limitations or additional terms (including restrictions relating to the number of Named Users), as specified in the applicable Subscription Agreement;
    3. not disclose, publish, transfer, resupply, distribute, re-sell, commercialise, market, sublicense, lend, lease, rent, assign or otherwise exploit any Licensed Data or Data Service, except as may be reasonably required to give effect to the relevant Permitted Purpose;
    4. not make or retain copies of any Licensed Data, reproduce any Licensed Data, or otherwise store any Licensed Data, other than as reasonably required to give effect to the relevant Permitted Purpose;
    5. not avoid or reduce payment of any Service Fees, or otherwise circumvent the use of a Data Service, by storing Licensed Data obtained from one Query and re-using that Licensed Data instead of submitting a new Query; or
    6. not use the Licensed Data for any illegal or unlawful purpose.
  • 
    Policies, Restrictions and Limitations: The Customer must comply with and adhere to any reasonable policies, restrictions and limitations relating to the use of the Licensed Data and/or Data Services which from time to time are prescribed by the relevant Data Supplier and notified to the Customer.
  • 
    Data may not be Accurate: The Licensed Data may not be accurate, complete or up-to-date. JAVLN will notify the Customer if JAVLN becomes aware that any Licensed Data provided is (to any material extent) inaccurate or unreliable. The Customer accepts that it must make its own assessment of the Licensed Data, including its accuracy, completeness, reliability and fitness for purpose.
  • 
    Data Supplier EULAs: In some cases, in order to receive or use any Licensed Data, the Customer needs to enter into any licence or other agreement with a Data Supplier in relation to the Licensed Data (Data Supplier EULA). As at the effective date of this version of the Data Services Terms, Data Supplier EULAs are required for the following Data Suppliers:
    
    
    • Auto Information Limited t/a Redbook
    • Addressfinder Pty Limited / Addressfinder Limited

JAVLN will notify the Customer of any other cases where a Data Supplier EULA needs to be entered into. Where a Data Supplier EULA is required:

• 1. in order to receive the relevant Data Service, the Customer must enter into or accept, and keep in effect, the Data Supplier EULA. If the Customer refuses or fails to do so, JAVLN is not required to provide that Data Service and may disconnect or turn-off the supply of the relevant Licensed Data to the Customer, on either a permanent or temporary basis, and the Customer may terminate the relevant Data Service on 30 days' notice in accordance with the Terms of Service;
  2. the Service Fees do not include any applicable fees payable by the Customer to the Data Supplier under the Data Supplier EULA, and the Customer must pay those fees to the Data Supplier in accordance with the Data Supplier EULA; and
  3. once it has entered into or accepted the Data Supplier EULA, the Customer must comply with the terms of the Data Supplier EULA.