Tuatahi First Fibre Limited (Tuatahi First Fibre) agrees to provide you with a copy of the Tuatahi First Fibre address data (and updates) relating to the Tuatahi First Fibre network (the Address Data Set).  You agree that all of the following Terms of Use apply to your receipt and use of the Address Data Set:

1. These Terms of Use replaces all previous versions of the same, all of which are hereby terminated from the date of your acceptance of these Terms of Use recorded below.
2. If you have signed the Tuatahi First Fibre UFB Wholesale Services Agreement (WSA), then you agree that the Address Data Set constitutes Confidential Information under the WSA General Terms and all of the provisions in the WSA relating to Confidential Information apply to the Address Data Set.  If you have not signed a WSA, then your obligations to Tuatahi First Fibre in relation to the Address Data Set are as stated in these Terms of Use. 
3. The Address Data set may, from time to time, comprise third party licensed data that Tuatahi First Fibre is authorised to disclose to you (Third Party Data) subject to your acceptance of these Terms of Use.
4. You will only use the Address Data Set for your own internal purposes, and such use shall be limited to: (a) you identifying addresses and premise types on the Tuatahi First Fibre network which have UFB services available; (b) you determining whether (or when) a prospective end user will be able to connect to the Tuatahi First Fibre network; and (c) allowing End Users to access your website to identify addresses on the Tuatahi First Fibre network which have UFB services available.
5. You will ensure that all copies of the Address Data Set held by you will be stored to ensure that the Address Data Set (and all copies of the same) are kept confidential and safe from unauthorised use or disclosure to a third party or any other loss of confidentiality.  You will promptly notify Tuatahi First Fibre if you become aware or have reason to suspect that the Address Data Set (or any part of it) has been disclosed to, or used by, an unauthorised person.  Without limiting any of Tuatahi First Fibre’s rights, you will follow all reasonable instructions Tuatahi First Fibre gives from time to time to remedy that unauthorised disclosure or use, or otherwise relating to the Address Data Set.
6. You will not: (a) distribute, disclose, market, rent, lease, assign, novate, sublicense or otherwise transfer possession or receipt of the Address Data Set (or any part of it) or any of your rights or obligations under these Terms of Use to any third party unless such disclosure is required for the purposes stated in paragraph 4(c) above; (b) on-sell or supply the Address Data Set (or any part of it) to any third parties for commercial gain; (c) supply any of the Address Data Set (or any part of it) directly to the public unless expressly consented to by Tuatahi First Fibre in writing (in its sole discretion); (d) decompile, disassemble or otherwise reverse engineer all or any portion of the Address Data Set; (e) remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the Address Data Set; (f) use the Address Data Set (or any part of it) for any direct or data-driven marketing purposes unless expressly authorised in writing by Tuatahi First Fibre; and (g) grant or register (or allow to be registered) any security interest in relation to the Address Data Set (or any part of it).
7. You acknowledge and agree that the provisions of paragraphs 4, 5 and 6 above are also for the benefit of, and enforceable by a Third Party Data owner under the Contracts (Privity) Act 1982.
8. You acknowledge that a land parcel may have more than one address which refers to that land parcel and an address recorded in the Address Data Set may not be the same as the address used by the owner/occupier of that land parcel.  Therefore, your use of the Address Data Set does not relieve you of your obligation to make the necessary enquiries to determine the current status of a location and/or an address.
9. You accept that the Address Data Set may be updated from time to time in accordance with Tuatahi First Fibre’s obligations to the owner of any Third Party Data and Tuatahi First Fibre is not liable to you for a change to the format of any Third Party Data, including where any change to the Third Party Data may be inconsistent with any previous versions of the Address Data Set that Tuatahi First Fibre has provided to you.
10. Tuatahi First Fibre makes no representations or warranties of any kind, express or implied, about the completeness, accuracy or reliability of the information contained in the Address Data Set and Tuatahi First Fibre shall not be liable to you in respect of the same and your use of the Address Data Set shall be strictly at your own risk.

END OF TERMS