REINZ Data End User Licence Agreement (EULA)

Mar 2024

We provide REINZ Data to your Subscriber, who has entered into a Subscriber Agreement with us and has requested that we provide its End Users (including you) with access to that REINZ Data under the Subscriber Agreement. You may be accessing REINZ Data directly through our Website, through the website of your Subscriber, or through some other means.

By accessing and using the REINZ Data, whether on its own or integrated with other data, you confirm that you have read, understood and will comply with, this EULA.

REINZ collects and collates property information, which we include in the REINZ Database. All of this data is delivered and entrusted to us by REINZ’s members and by others such as LINZ and local authorities. We want to make the REINZ Data as widely available as possible, but you will appreciate that we all need to respect that trust by ensuring the data is used properly. It is therefore imperative that you understand and comply with the terms of this EULA. If you do not agree to this EULA, you are not entitled to access or use REINZ Data.

To save repeating things throughout this EULA, certain words and phrases are defined, so they have the same meaning wherever they are used. You can find these in the Glossary at the end of this EULA.

We can change this EULA at any time. If we make changes to this EULA, we will notify you by posting a notice on our website. Your continued access to the REINZ Data after that means that you agree to those changes.

1. Your access to REINZ Data
   1. As long as you comply with this EULA and subject to its terms, we grant you a non-exclusive, non transferable, non-sublicensable licence to use and have access to the categories of REINZ Data that your Subscriber makes available to you.
   2. This EULA is supplementary to any other agreement that you or your Subscriber may have with REINZ. If there is a conflict between the terms of this EULA and that other agreement, the other agreement will take priority to the extent of that inconsistency.
   3. This EULA is binding on you from the time that you first access any REINZ Data or from the time you confirm with us or your Subscriber that you agree to this EULA (e.g. by clicking “I agree” or similar to accept this EULA), whichever is earlier. Your access to REINZ Data will continue until that access expires or is terminated in accordance with this EULA or your Subscriber Agreement.
   4. You must not access or use, or attempt to access or use, anything from the REINZ Database other than the REINZ Data we have agreed with your Subscriber that you are allowed to access and use. You must check with your Subscriber which categories of REINZ Data you are allowed to access and use and not access or attempt to access anything else.
   5. REINZ Data is sourced from third party information suppliers such as real estate agents, LINZ and territorial local authorities (Information Suppliers). Some of those Information Suppliers require that REINZ pass on certain contractual obligations to you, as a recipient of the REINZ Data. By accepting this EULA, you also agree to the Supplied Information Terms set out here REINZ Supplied Information Licences.
   6. You must not:
      1. access or use any REINZ Data in a manner that breaches the Privacy Act and, in particular, Privacy Information Privacy Principles 1 (Purpose for collection of personal information) and 10 (Limits on use of personal information) of the Privacy Act;
      2. publish to the General Public any personal information under the Privacy Act derived from REINZ Data in a manner which identifies a property address, parties to a transaction, specific prices, or other property information in a manner that breaches of the information privacy principles under the Privacy Act;
      3. use any REINZ Data to develop or create a website which is primarily used for the purpose of listing real estate and available for use by the General Public (whether or not a fee or login is required);
      4. subject to clause 1.7:
         1. allow anyone other than another REINZ Member to access or use Unconditional Data, without our specific prior written consent;
         2. release any REINZ Data or data derived from any REINZ Data to the General Public prior to its public release by REINZ (other than as expressly permitted under these Terms); or
         3. unless otherwise permitted under the Permitted Purposes, use REINZ Data to produce or create any report, publication, newsletter or tool providing the General Public or your clients with property market insights and trends;
      5. compare your sales or other data (or the sales data of your agency or employer) with any other person’s sales data (including that of another agency); or
      6. claim that you or your agency or employer has a particular market share.
      7. access or use any REINZ Data or Channel or attempt to access or use any of them or the REINZ Database, or otherwise do anything, which:
         1. knowingly or negligently disrupts or interferes with any services we offer, a Channel, the REINZ Database or our or any of our licensors’ systems or processes, or the ability of others to access and use our services, Channels or the REINZ Database;
         2. introduces any disabling or blocking code, virus, bot, encryption, or other form of malware, that in any way provides unauthorised access to, corrupts, exfiltrates information from, or interferes with, normal access to, and use of, any of our services, this Channel or any part of the REINZ Database
         3. intentionally damages or adversely affects our reputation or the integrity of the REINZ Database;
         4. adapts, reverse engineers, modifies, copies, publishes, makes available, transmits or otherwise communicates any REINZ Data or any of our services or Channels, other than as strictly necessary for the Permitted Purpose;
         5. infringes our Intellectual Property or that of any third party or breaches the terms imposed by and supplier of data to REINZ (which terms you can find here REINZ Supplied Information Licences);
         6. harms or attempts to harm anyone (as that term is defined in the Harmful Digital Communications Act 2015);
         7. breaches any law, including in particular, but without limitation, the Fair Trading Act 1986, Consumer Guarantees Act 1993 or the Privacy Act;
         8. if you are involved in real estate agency work under the Real Estate Agents Act 2008, is a breach by you of the Real Estate Agents Act 2008 or any guidelines or codes issued by the Real Estate Authority from time to time; or
         9. if you or your Subscriber are REINZ Members, is a breach by you or it to the incorporated society rules of REINZ and/or any codes or REINZ membership terms.
   7. If you are a REINZ Member and you are authorised to access Unconditional Data, you may use the Unconditional Data to:
      1. prepare individual comparative market appraisals provided to your clients for the purposes of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012; and
      2. use the Unconditional Data for any other purpose that we have agreed in writing.
   8. In addition to any restrictions set out in these Terms, your Subscriber may have notified you, or you may have agreed with your Subscriber (including through its terms and conditions that you have agreed to) that the REINZ Data that you are entitled to access and use are subject to specific restrictions and/or must only be used for a specific Permitted Purpose.You must comply with any restrictions on use of REINZ Data or any Permitted Purposes that are applicable to you unless we have agreed something different with you or your Subscriber.
   9. If we provide you with an Access Key to REINZ Data (e.g., a login and password for a category of REINZ Data), this clause applies to you. The Access Key that we allocate to you 
      1. and the Intellectual Property in it, is owned by us or our licensors;
      2. may be changed or replaced at any time by us for any reason or no reason and we may change access and authentication policies as we see fit at any time;
      3. must not be altered without our written consent; and
      4. must only be used by you, and you must keep it confidential and secure. It must not be shared unless we agree in writing, and you must notify us immediately if an Access Key is lost or subject to unauthorised use or disclosure.
   10. You must comply with this EULA, our Website terms (if you are using our Website), the Supplied Information Terms, the relevant Subscriber Agreement (if applicable), and any other terms and conditions, rules and laws applicable to you in your access to and use of the REINZ Data and the REINZ Database.
   11. If you access the REINZ Data via a Channel, your access to and use of the Channel must be fair, reasonable, and not excessive, as determined by us in our sole discretion, taking into account estimated typical usage for this Channel You must comply with any reasonable fair use policies published by us from time to time.
   12. You must not access or use any REINZ Data or Channel or attempt to access or use any of them or the REINZ Database, or otherwise do anything, which:
       1. knowingly or negligently disrupts or interferes with any services we offer, a Channel, the REINZ Database or our or any of our licensors’ systems or processes, or the ability of others to access and use our services, Channels or the REINZ Database;
       2. introduces any disabling or blocking code, virus, bot, encryption, or other form of malware, that in any way provides unauthorised access to, corrupts, exfiltrates information from, or interferes with, normal access to, and use of, any of our services , this Channel or any part of the REINZ Database;
       3. intentionally damages or adversely affects our reputation or the integrity of the REINZ Database;
       4. adapts, reverse engineers, modifies, copies, publishes, makes available, transmits or otherwise communicates any REINZ Data or any of our services or Channels, other than as strictly necessary for the Permitted Purpose;
       5. infringes our Intellectual Property or that of any third party or breaches the terms imposed by and supplier of data to REINZ (which terms you can find which terms you can find here REINZ Supplied Information Licences).
       6. harms or attempts to harm anyone (as that term is defined in the Harmful Digital Communications Act 2015);
       7. breaches any law, including in particular, but without limitation, the Fair Trading Act 1986, Consumer Guarantees Act 1993 or the Privacy Act;
       8. if you are involved in real estate agency work under the Real Estate Agents Act 2008, is a breach by you of the Real Estate Agents Act 2008 or any guidelines or codes issued by the Real Estate Authority from time to time; or
       9. if you or your Subscriber are REINZ Members, is a breach by you or it to the incorporated society rules of REINZ and/or any codes or REINZ membership terms.
   13. You must comply with any reasonable notice required by or on behalf of us regarding ownership of data, including any written notices, cautionary notes, and disclaimers included in the delivery of the REINZ Data and any reproduction or adaptation of the REINZ Data must include any such notice, which will be displayed as determined and advised from time to time by us in our sole discretion (e.g. by including attribution to REINZ or third parties in conjunction with any tables or reports you produce).
   14. You will indemnify us fully should a breach by you of these terms causes us any direct or indirect loss, liability or cost whatsoever.
   15. Without limiting our other rights under this EULA, you should note that we will treat breach of these obligations very seriously and our decision as to whether you have breached will be final. Breach may result in suspension or termination of your and/or your Subscriber’s access to REINZ Data and/or this Channel, and, if we consider it serious enough, suspension or termination of your Subscriber Agreement.
2. Risk
   1. It is up to you to make sure that your use of REINZ Data complies with all applicable rules, codes of practice and laws. All risk arising from the use by you of the REINZ Data (including risk of loss or damage) and this Channel remains at all times with you.
3. Termination
   1. Without limiting our rights under your Subscriber Agreement, we are entitled to suspend or terminate this EULA and your access to, and use of, REINZ Data and (if applicable) this Channel, if:
      1. your Subscriber Agreement is suspended or terminated;
      2. you fail to remedy any breach of this EULA that is capable of remedy within 10 days of notice having been given by us to you;
      3. you commit a breach of this EULA that is incapable of remedy or is of a serious nature in our opinion;
      4. we decide to withdraw or suspend provision of all or any part of the REINZ Database, REINZ Data, this Channel or any other of REINZ’s services generally or with respect to a class of End Users of which you form part.
4. Intellectual Property
   1. This EULA does not confer on you any ownership or proprietary rights in the REINZ Data, the REINZ Database or any Channel.
   2. We own or our licensors all rights, title and interests, including all Intellectual Property Rights, in and to the REINZ Data, the REINZ Database any Channel, and any suggestions, enhancements, requests, recommendations, corrections or other feedback provided by any End Users.
5. Exclusions, limitations and indemnities
   1. You acknowledge that we source REINZ Data from our members and other third parties. We are not liable for any inaccuracy in that information. We will endeavour to advise you and other users of the REINZ Database if we are made aware of any material inaccuracy in information provided, which we may do by notifying you or your Subscriber, by putting a notice on the Website, and/or the applicable Channel.
   2. You acknowledge that to the maximum extent permitted by law, we exclude all warranties, representations and conditions in relation to the completeness, accuracy, availability, compatibility, merchantability, fitness for purpose or otherwise of REINZ Data. Further, we give no warranties that REINZ Data and/or of our services or Channels:
      1. are compatible with and/or capable of being processed on your equipment, devices and software;
      
      
      2. will meet your requirements, be suitable for a particular purpose or meet any regulatory requirements to which you may be subject;
      3. comply with any legal requirements. We are not lawyers and do not provide legal advice, so when using REINZ Data (and in particular any legal forms that we may provide) you are responsible for obtaining your own legal advice.
   3. We will use our reasonable commercial endeavours to make our services and this Channel available to you at all times, subject to any routine, planned and unplanned maintenance or other outage. We will endeavour to give you advance notice of any routine or planned maintenance. We are not liable to you if we cannot make a REINZ service or this Channel available at any time or there is a delay in the provision of REINZ Data or use of any of our services or this Channel, due to any routine, planned or unplanned maintenance or other circumstance beyond our commercially reasonable control. Since many of our services and Channels rely on internet connectivity and performance, we are not liable for any interruption, slow down or delay arising because of connectivity or bandwidth issues.
   4. We make continuous changes to improve the REINZ Database and your access to, and use of, REINZ Data. We may also need to restrict access to, suspend or discontinue any parts of the REINZ Data or any of our services or Channels at any time with respect to all users of the REINZ Database or a subset of users, including you, without liability to you.
   5. To the maximum extent permitted by law, we exclude all liability to you and any third party for any claim, proceeding, damage, loss, cost (including legal cost on a full indemnity basis), compensation, or liability whatsoever, suffered or incurred by you or them arising directly or indirectly from your access to or use of REINZ Data, our services and this Channel or otherwise arising in connection with this EULA or any services we provide or do not provide, and whether in contract, tort (including negligence), statute, equity, or otherwise, even if we have been advised of the possibility of such claim, proceeding, damage, loss, cost, compensation, or liability. Where any liability cannot be excluded at law, our maximum aggregate liability to you or any third party, whether in contract, tort (including negligence), statute, equity or otherwise is limited to $500.
   6. Subject to the limitations and exclusions in this clause 6, each of us (the indemnifier) indemnifies the other (the indemnified) against any direct claim, proceeding, damage, loss, cost (including legal cost on a full indemnity basis), compensation, or liability whatsoever, whether arising in contract, tort (including negligence), equity or otherwise, incurred by the indemnified as a result of or in association with a breach of this EULA by the indemnifier.
   7. Neither you nor we will have any liability to the other under this EULA (including any indemnity set out in this EULA) for any claim, proceeding, damage, loss, cost (including legal cost), compensation, or liability whatsoever, which, in any of these cases, is indirect or consequential, or for any lost or reduced opportunity, profit or saving.
   8. You acknowledge that you are acquiring (and we are supplying) the REINZ Data for business purposes and that:
      1. the Consumer Guarantees Act 1993 will not apply; and
      
      
      2. sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 will not apply,
      
      and that contracting out of these provisions is fair and reasonable.
6. Privacy
   1. We may collect and store:
      1. information relating to you that you or your Subscriber have provided to us; and
      
      
      2. information about your use of this Channel,
      
      and use such information for our own internal purposes, provided that our use of such information (to the extent it is “personal information”) will be in accordance with the requirements of the Privacy Act, EULA and our privacy policy here
   2. You acknowledge that if you are a licensed person under the Real Estate Agents Act 2008, we are entitled to check your license number and details with the Real Estate Agents Authority before accepting you as an End User and you authorise us to do this.
7. General
   1. New Zealand law will govern this EULA, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
   2. We may suspend our obligations to perform under this EULA if we are unable to perform as a direct result of a Force Majeure Event. Any such suspension of performance must be limited to the period during which the Force Majeure Event continues.
   3. You cannot assign your rights or obligations under this EULA without our consent.
   4. If any part or provision of this EULA is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from this EULA. The remainder of this EULA will be binding on you.
8. Glossary
   
   1. In this EULA we use the following terms:
      

      Access Key– the unique username and password issued by us to you (if any).

      Channel– the part or parts of REINZ’s systems which you use to access REINZ Data (which may be our Website, part of our Website, or some other means by which we provide access to REINZ Data)

      End Users– people, like you, who access certain categories of REINZ Data at the request of, or through, a Subscriber (whether directly or indirectly).

      Force Majeure Event– an event that is beyond our reasonable control, excluding an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care or a lack of funds for any reason, including (but not limited to) any war, riot, strike, power or internet shortage, natural or man-made disaster or other circumstance of a similar nature.

      Information Suppliers– has the meaning set out in clause 1.5.

      Intellectual Property– includes copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trademarks and business and domain names, registered and unregistered designs, circuit layouts, know-how, and all other rights resulting from intellectual activity, trade secrets or confidential or other proprietary information, together with all rights, interest or licence in or to any of the foregoing.

      Permitted Purpose–the sole purpose for which any category of REINZ Data may be used.

      Privacy Act– the Privacy Act 2020 including and any amendments or replacements.

      REINZ, we, us, our– Real Estate Institute of New Zealand Incorporated

      REINZ Data– all property related information collected by REINZ, or which is made available to REINZ by its members or other third parties.

      REINZ Database– one or more databases in REINZ’s possession containing REINZ Data.

      REINZ Member– a person or entity that is recorded as a current member in REINZ’s membership database.

      Subscriber– the business that has entered into an agreement with us for the supply of REINZ Data and who has requested that we allow you to access certain categories of REINZ Data.

      Subscriber Agreement– the agreement between us and your Subscriber under which we supply REINZ Data to your Subscriber.

      Supplied Information Terms– has the meaning set out in clause 1.5.

      Website– our site at www.reinz.co.nz or such other site that we nominate or operate or own from time to time, including any related sites and subdomains.