Prover Terms and Conditions

These terms govern your use of the Prover Service. Custom Software reserves the right to modify or change these terms of use at any time by posting the new terms on the Prover website. Your use of the Prover Service constitutes your acceptance of the currently advertised terms of use.

  1. DEFINITIONS & INTERPRETATION

    1. Definitions: In these terms of use –

      Agreement means the principal agreement between CSL and the Account Holder, by which the Account Holder subscribes to the Prover Service in accordance with the specified terms & conditions;

      Account Holder means the person or entity who has entered into the Agreement with CSL and who has authorised you to access the Prover Service;

      Authorised User means a user who has been authorised to access and use the Prover Service for the Permitted Purpose;

      Business Day means any day of the week, other than a Saturday, Sunday or a statutory holiday in Wellington, New Zealand.

      Business Hours means the hours between 9:00am and 5:00pm on a Business Day.

      Charges means the charges associated with your use of the Prover Service;

      Documents includes each of a certificate of title including diagram/plan, certificate of title excluding diagram/plan, certificate of title guaranteed search, instrument document, survey plan, and title plan, but does not include a certificate of title historic search;

      Information means any data, information, text, images, or other material contained within or sourced from the Prover Service, including any property information, sales statistics, generated reports, photos, maps and Documents;

      Intellectual Property or IP means all rights and interests in and to the trade marks, inventions, patents, designs, copyrights, moral rights, plant variety rights, database rights, know-how, data and confidential information, business names, trade names, service marks, trade dress and livery, domain names, layout designs, software (including, without limitation, in source and object codes) and any similar rights in any part of the world, including any registration of such rights and applications for such registrations;

      Prover Service means the web-based property information service provided by CSL and accessed from the website www.prover.co.nz;

      Related Company has the meaning given to that term in section 2(3) of the Companies Act 1993;

      Suspension Event has the meaning given to that term in clause 3(a) of these terms of use;

      CSL means Custom Software Limited, and “we”, “us” and “our” has a corresponding meaning;

      you means the Authorised User who is accessing and using the Prover Service, and “your” has a corresponding meaning.

    2. Interpretation: In these terms of use –

      • words importing the singular include the plural and vice versa;
      • the terms “including”, “includes” and “include” include the words “without limitation” after those terms;
      • a reference to a person includes a company, other corporations and also a body of persons (corporate or unincorporate);
      • where words or expressions are defined, other parts of speech and grammatical forms of that word or expression have corresponding meanings;
      • headings are for ease of reference only and do not affect the interpretation of this Agreement;
      • a reference to dollars or $ is a reference to New Zealand currency; and
      • the meaning of general words is not limited by specific examples introduced by including or similar expressions.
  2. LICENCE & USE

    1. Licence: In accordance with the Agreement, CSL grants you a non-exclusive, non-transferable, non-sublicensable licence to access and use the Prover Service during the term of the Agreement, for the permitted use.
    2. Permitted use: You may use the data for your own lawful business or professional purposes, including data utilisation within your business, and database backups.
    3. Prohibited use: You must not access or use the Prover Service for any purpose other than the Permitted Purpose. Examples (without limitation) of prohibited uses are:
      • using any data that is licensed under the LINZ Licence for Personal Data 2.0 (e.g. owner data) for direct marketing purposes or creating direct marketing lists for providing or calling to others.
      • on-selling or transferring any Information from the Prover Service to any other person(s), either in bulk or otherwise (including by saving or storing the Information on an internal or external network or database that can be accessed by other persons);
      • generating statistics of any type from the Information for general release to the public;
      • decompiling, disassembling or otherwise reverse engineering any portion of the Information (including any source code, object code, algorithms, methods or techniques contained within the Prover website), whether by scraping, harvesting or some other means; and
      • exploiting the Information for any commercial purposes (except as provided for in these terms of use).
    4. LINZ Data: Some data supplied under this agreement is sourced from Land Information New Zealand (LINZ). By using that data you agree to LINZ terms of use, including LINZ Licence for Personal Data 2.0 and the Creative Commons Attribution 3.0 New Zealand Licence (CC BY 3.0 NZ) published at https://data.linz.govt.nz/license/linz-licence-personal-data-20/
  3. SUSPENSION AND TERMINATION

    1. Suspension: We may at our discretion suspend your access to the Prover Service if one of the following circumstances exist (Suspension Event) or otherwise as we see fit, until such time as, in our reasonable opinion, the suspension is no longer required:
      • We become aware of any breach of these terms and conditions by you.
      • The Charges associated with your use of the Prover Service are overdue.
    2. Effect of suspension: You will cease to have access to the Prover Service for the period of suspension.
    3. Termination: The Account Holder may terminate the Agreement by giving us at least 3 months’ prior written notice. We may terminate the Agreement immediately on written notice to the Account Holder in certain circumstances (as set out in the Agreement), or for any other reason by giving the Account Holder at least 1 months’ prior written notice. On termination of the Agreement, the licence granted under the Agreement (and these terms of use) shall terminate immediately. You will cease to have access to the Prover Service from the termination date.
    4. Breach by an individual: Any breach of these terms of use by you will be deemed to be a breach of the Agreement by the Account Holder. For avoiding doubt, if an individual prover user breaches these terms of use, the principal (as the Account Holder) will be held liable.
  4. ORDERING DOCUMENTS

    1. Ordering documents: You may use the Prover Service to order Documents.
    2. Ordering fee: You will be charged a fee for ordering Documents, at the time of the order.The applicable fee will be specified on the Prover website. You will be required to enter your credit card details to complete the order, unless billing arrangements for Documents ordered have been made direct with CSL.
    3. Hours of Service: Document orders may be placed at any time (subject to availability). Documents ordered during Business Hours will typically be delivered within 10 to 30 minutes (subject to LandOnline availability). Documents ordered outside Business Hours will normally be processed the following Business Day. CSL provides no warranty as to delivery times.
    4. Support Included: CSL will provide telephone and email support which will include dealing with typical LandOnline queries concerning the document, and will be available during Business Hours by emailing support@quickmap.co.nz  or phoning toll free on 0800 145 554. This support does not include locating documents where the document reference is unknown.
  5. INTELLECTUAL PROPERTY RIGHTS

    1. Ownership of IP: CSL and its licensors own all rights (including Intellectual Property rights) in the Prover Service (including any Information). The Agreement does not confer any ownership or proprietary right on you. You must not, nor may you permit any other person to:
      1. alter, remove, or tamper with any Intellectual Property used in association with the Prover Service (including any Information); or
      2. do any act that would or might invalidate or be inconsistent with CSL and its licensors’ Intellectual Property rights.
    2. Protection of IP: You must adhere to any security protocols advised by the Account Holder, CSL or CSL’s licensors for the purpose of protecting CSL’s (and its licensors’) Intellectual Property against unauthorised use and disclosure.
  6. DISCLAIMER

    1. No warranty: You acknowledge that the Information used to provide the Prover Service is accumulated from a number of third parties, including Land Information New Zealand, territorial authorities and other sources. While all reasonable endeavours will be used to provide up to date and accurate Information, all representations or warranties in relation to that Information and the Prover Service, including the completeness, accuracy, fitness for purpose or otherwise, are excluded to the extent permitted by law.

      Further, CSL gives no warranties that the Prover Service or the Information (i) is compatible with and capable of being processed on your computer equipment or software, or (ii) will be free from infection, viruses or destructive code.

    2. Availability: We will use our best endeavours to make the Prover Service available 24 hours a day, 7 days a week, 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 for any non-availability of the Prover Service.
    3. Modification etc: We may change, modify, restrict access to, suspend or discontinue any parts of the Prover Service at any time without notice or liability to you.
  7. LIMITATION OF LIABILITY

    1. Limitation of liability: CSL shall have no liability or responsibility to you for any loss (including consequential loss of business or profits or profits or other loss), damage or injury whether arising in contract, tort, equity or otherwise suffered or incurred, whether or not due to any circumstance within or outside the control of CSL. Where any liability cannot be excluded at law,then the liability of CSL shall be limited to the value of any Charges paid under the Agreement in the preceding 12 month period.
  8. PRIVACY

    1. Our use of personal information: CSL is an Agency for the purposes of the Privacy Act 1993. All personal information you supply to CSL will be dealt with by CSL in accordance with that Act. CSL may from time to time send you information on selected products and services and invite others to do so. Should you not wish to receive this material, email your request and contact details to support@quickmap.co.nz. You are deemed to have given your permission to CSL to convey all or part of your registration information to independent auditors for the purpose of verifying site usage statistics. As part of the verification process, you may be contacted by these independent auditors and asked to confirm that you have registered for the Prover Service. Accordingly, you may not register any personal information other than your own.

      You acknowledge that personal information (including user name protocol information) may be passed by CSL to its Related Companies, suppliers or other third parties for the purposes of providing you with the Prover Service. You have the right to access your personal profile and correct any of your personal information recorded.

    2. Your use of personal information: You are responsible for ensuring that your use of any personal information contained within the Prover Service is in compliance with the Privacy Act 1993.
    3. Username and password: You must keep your username and password for the Prover Service private and not provide them (or allow them to be provided) to any other person.
  9. ELECTRONIC MESSAGES FROM CSL

    1. Electronic messages: You consent to receiving electronic messages from CSL from time to time which market or promote CSL’s goods and services. CSL will cease to send you such electronic messages if at any time you instruct us to do so in writing. CSL will include a functional unsubscribe facility in any electronic messages sent to you which market or promote CSL’s goods and services.
  10. GENERAL

    1. Governing law: These terms of use will be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
    2. Assignment by you: You may not assign, transfer, or otherwise dispose of any benefits, rights, liabilities or obligations under these terms of use without our prior written consent, such consent not to be unreasonably withheld.
    3. Consumer Guarantees Act: As you are acquiring the Prover Service for business purposes, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply.
    4. Fair Trading Act: You agree that sections 9, 12A, 13, and 14(1) of the Fair Trading Act will not apply, and that contracting out of these provisions is fair and reasonable.
    5. Notices: Unless specified otherwise, all notices given under the Agreement must be in writing and may be given by either party to the other by personally serving it on the party, or by sending it by courier, registered mail or post, or email to the other party at the address set out in the Application Form (or to such other address as the party to be notified may advise for the purpose from time to time). CSL may also give notice by posting on the Prover website. Any notice will be deemed to be received:
      • if personally served or sent by courier or registered mail, at the time when it was actually delivered;
      • if sent by post, 3 Business Days after the time it was posted to the recipient;
      • if sent by email, at the time the email leaves the communication systems of the sender, provided that the sender does not receive any error message relating to the sending of the email at the time of sending;
      • if posted by CSL on the Prover website, at the time of posting,
      provided that if a notice is received by a party on a date that is not a Business Day, or the delivery is made after 5.00pm on a Business Day, then the notice will be deemed to have been received on the next Business Day.
    6. Changes to these terms of use: We may modify or change these terms of use at any time by giving notice to you.
    7. Changes to your details: You must notify us immediately of any changes to your details.