Terms & Conditions

01.

Background

Data Zoo is a supplier of third party Data sources for Verification of Individuals through its IDU Service.

These terms and conditions govern the terms on which the Customer may access Data Zoo’s products (“Products”). By accessing this Service and the Products you agree to abide by these terms.

Please read these terms carefully. These terms form a legally binding agreement between you (“Customer”) and Data Zoo

02.

Definitions

“Data Zoo” means Data Zoo Limited of Textile Center, Level 3, 1 Kenwyn Street, Parnell, Auckland 1142 (Company Registration No: 3287828); Data Zoo Pty Ltd, Bay 8, 1-3 Middlemiss St, North Sydney NSW 2060; and Data Zoo Pte Ltd, 1 North Bridge Road #18-01 High Street Centre, Singapore 179094.
“Information” means data or information, which is made available on the Systems in response to a search conducted by You or actioned by you.

03.

Primary Obligations and Warranties

The End User shall use all reasonable endeavours to ensure that any information provided to Data Zoo or is complete, accurate and in the agreed format.

04.

The End User warrants that:

  • They will only use Data for the Permitted Use.
  • they will not use Data to update, verify, or validate any other data or
  • they will not modify, adapt, translate, reverse engineer, de-compile, disassemble, or create derivative works in whole or in part based on Data
  • it has obtained the express and informed consent from the individual the subject of the verification request, prior to requesting the Services;
  • do anything to harm Data Zoo’s reputation including Data Zoo’s Products or Services.
    • Including any representations about the Services provided

05.

Agreement

Access to the Data Zoo Systems is subject to the Terms and Conditions set out below. By using the Data Zoo service You agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions please do not use or access any of the Data Zoo Systems.

Data Zoo reserves the right to amend or change any of these Terms and Conditions. Access to the Data Zoo Systems shall apply to the current Terms and Conditions as published on our website or logon screen.

06.

Confidentiality

The service provided by Data Zoo including the programs, Systems, Information, data documents, policies and any communication (Confidential Information) to You about our Data Zoo services are confidential. You are not entitled to disclose, sell, assign, lease or otherwise dispose of the Confidential Information to a third party that is not associated with your terms of access to Data Zoo Systems.

Data Zoo or any of its associated entities is the owner of the intellectual property rights including trademarks associated with Data Zoo’s Systems.

Data Zoo Branding:

You must not:

  • Do anything to harm Data Zoo’s reputation including Data Zoo’s Products or Services.
    • Including any representations about the Data Zoo Services provided.

07.

Compliance and audit

The Customer must only access and use the Service for a bona fide and Lawful business use.

The Customer shall in connection with the use of the Services comply with all legislation, regulations, and other rules having equivalent force which are applicable to that party, including the Privacy Laws and all other Laws, rules and regulations that relate to the privacy, protection, use or disclosure of Personal Information, and any subordinate or associated regulations.

The Customer must:

  • Comply with all Privacy Laws in relation to Personal Information, as if the Customer were an organisation bound by the Privacy Laws even if it is not;
  • Agrees to comply with the Privacy Laws in relation to Personal Information, which the Customer discloses to Data Zoo and any Supplier under this Agreement;
  • Agrees to provide all assistance as required by Data Zoo to assist Data Zoo and any Supplier in complying with obligations under all applicable Privacy Laws.
  • Warrants it has made its own investigations and obtained any necessary legal advice in relation to compliance with any relevant privacy legislation in using the Database and Product.

Customer acknowledges it is aware that :

  • Prior to the use of the Product, the provision of the Product to it may be the subject of audit by a Supplier and/or Data Zoo.
  • It will provide appropriate assistance, where reasonably requested by the Data Supplier, in carrying out any audit of the use of the Service or related systems or suppliers;
  • Upon request Customer must provide evidence of a specific Verification made through the System. This will include all enquired information as well as the Individual’s consent for the search to be performed.

08.

Access

Data Zoo reserves the right to amend or change any or all the Information provided in its Systems. If a data source is removed Data Zoo will use its best endeavours to replace this dataset where possible.

You agree to maintain adequate security safeguards to prevent access to the Data Zoo Systems and Information by any unauthorised person at all times. You are responsible for any unauthorised access and as such could breach the Terms and Conditions of access. If you believe at any time that your access been compromised then you must contact Data Zoo immediately.

The use of the Information by You shall be limited to the ordinary course of Your business activities. The Data Zoo Systems are not available to You or any third party for personal use. There are no exceptions. Any breach in this condition will result in immediate termination of the Data Zoo service and could result in legal action.

You agree to be bound by the Data Zoo privacy policy as displayed in the Systems logon page and website. If you have any questions please contact our Privacy Manager.

Access to the Systems will be monitored by an IP log for security reasons. If You do not wish Your IP address to be logged then You should not use the Systems.

09.

Disclaimer

  • The Service is provided on an ‘as is’ basis. Whilst Data Zoo will use all reasonable endeavours to ensure accuracy of Information, Data Zoo:
  • Does not warrant or guarantee the accuracy or reliability of the data supplied through the Data Zoo Systems;
  • Disclaims all or any warranties, expressed or implied, relating to the Systems, including in particular any warranties of merchantability or fitness for a particular purpose or to achieve a particular result;
  • and its data suppliers will not be liable to You under any circumstances whatsoever for any direct, indirect, consequential, punitive or special damages arising from Your use of the Service or from any errors or inaccuracy in the Information;
  • Reserves the right, at its discretion and without liability to You, from time to time to make changes to the Information, to alter the nature of the Systems, and to withdraw any or all parts of the Systems;
  • Hereby limits its financial liability to You for any breach of these Terms and Conditions (except for any matter for which it would be illegal for a party to exclude liability) to the subscription fees received by Data Zoo from You in the three months preceding any claim;
  • Does not warrant that the Data Zoo Service will be free from interruption.

You are therefore advised to check any information provided to You through the Systems as any reliance that You place on the accuracy of that Information is at Your own risk.

10.

Indemnity

You hereby indemnify Data Zoo and its data providers against any demands or claims including expenses suffered by Data Zoo or its data providers from any breach by You of these Terms and Conditions or any unlawful use of the Systems or Information by You.

11.

Indemnity

  • Fees will be invoiced and paid in USD unless otherwise agreed in IDU Service Information and Product Statements.
  • Payment Terms: Subject to the supply of a Product and Data and in accordance with this Agreement, invoices are calculated on the previous month’s Transactions and invoiced on the 1st of the following month.
    • All invoices are payable in cleared funds within 30 days from the invoice date
  • Penalty interest: if any sum payable by the Customer to Data Zoo is not paid in cleared funds by its due date, Data Zoo shall be entitled to charge interest on the overdue amount calculated at the rate of 2% above the prevailing overdraft index rate as quoted by the National Australia Bank (Australia) from the due date up to the date of actual payment.
    • Except if Fee Dispute has been raised as per clause 11.4
  • Prepayments: Prepayment amounts for Products accessed by the Customer are to be utilised within 12 months of purchase. Data Zoo may withdraw the Products and refund to the Customer on a proportionate basis the value of any unused amounts. Prepayment amounts are otherwise not refundable.

12.

Restrictions on use of the Data Zoo systems

You may not collate, sell, rent, lease, publish or display the Data Zoo Systems to any third parties. You may not integrate the Data Zoo Systems into another intranet, extranet or any other service. You may not use automated scripts, software, spiders or any other automated means to perform searches on the Systems. Any attempt to extract or download significant amounts of Information from the Data Zoo Systems or to compile a database from Information obtained from the Service is strictly forbidden.

You may not copy, adapt, vary, disassemble, decompile or reverse engineer the Data Zoo service or Information provided to You from the Data Zoo Systems provided for any other use by You or anyone else.

You are only entitled to use Information in fair, lawful and responsible ways and Information may not be used in any malicious, illegal or anti-social activity.

You agree that in relation to all Information derived from the Data Zoo Systems You will comply with all applicable laws.
You are warned that obtaining Information from the Data Zoo Systems with the intention of using it for purposes other than allowed for in these Terms and Conditions may be an offence under the allowable use of the data and You should be prepared to justify Your use of the Data Zoo service to the relevant authorities.

You agree that if any complaint is made which relates to Your use of Systems You will assist Data Zoo, its data suppliers, or the relevant authorities in investigating the complaint and You shall take such steps as are reasonably necessary to remedy the complaint as soon as possible. Data Zoo and or the its Data Suppliers reserve the right of audit for transaction made to Data Zoo.

13.

Restrictions on certain databases

Access to the databases listed below is only under the strict conditions as outlined. If you have any doubt you must not use them and contact Data Zoo immediately.

Consent

Customer will ensure that each search made through the Product relates to the name of a specific Individual with whom the Client has an existing or prospective business relationship and the individual has consented (in hard copy correspondence or electronic form) to the search before it is carried out.

DZ client application form (Fill in applicztion form that we will authenticate and re check every 6 months

We are required by certain laws and regulations and under our terms of access to certain third-party information to check your compliance (and the compliance of Data Processor) with some of the obligations in this agreement and to monitor your use of our Services.

NZ PASSPORT, CITIZENSHIP & BIRTHS – provided by DIA
The DIA confirmation service is only available where the customer has given written or electronic consent that such a search is allowable.

NZ CREDIT BUREAU – provided by Centrix
The Credit Reporting Privacy Code stipulates access to credit reporting data services on an individual is available for the purpose of enforcement of a debt owed by the individual concerned. In this case, authorisation of the individual is not required.

AUST – OFFICIAL GOVERNMENT DOCUMENTS

This service is only available where the customer has given written or electronic consent that such a search is allowable. Documents include: Drivers Licence, Passport, Medicare, Visa and Centrelink. Companies accessing these documents must comply with the Australian or New Zealand Privacy Acts and be incorporated in either country.

AUST – CREDIT BUREAU – provided by Experian

  • This service is only available for companies which are an Australian registered business entity and registered with AUSTRAC. It is for the purpose for carrying out identity verification of an individual as per the AML/CTF Act 2006.

14.

Suspension of the Data service

Data Zoo will terminate or put Your Access to the Data Zoo Systems on hold if it believes You have breached the Terms and Conditions. If Your service is terminated you will forfeit any unused credits.

Data Zoo reserve the right to suspend Your account without notice if:

  1. You have supplied Data Zoo with a false email address or false personal data or
  2. Where it comes to Data Zoo’s attention that Information obtained from the service is being used in an inappropriate way.
  3. If you have breached these Terms and Conditions

15.

Definitions

“Client” means a Client of Customer or a Reseller that maintains Identity Information on an Individual.

“Client Data” means any data provided to Data Zoo by Customer or provided through a Reseller sourced from a Client Database for the purposes of using the Data for Verification purposes.

“Client Database” means a database of Individuals that contains Personal Information and/or Identity Information, developed by a Client through its own efforts relating to its Clients, or other persons connected with or who wish to be connected with the business of a Client.

“Consent” means written or electronic consent (verbal is not permissible unless recorded) in respect to the Verification of an Individual via the Product unless exempted in a Product Statement.

“Data” means any identity data made available to the Data Processor via the IDU Service from time to time during the term of this agreement.

“Database” means the database in which Data is stored or accessed by Data Zoo for the purpose of this agreement and as described in the Services provided to the Customer.

“Data Processor” means the End User that processes Client Data for the Verification of an Individual’s Identity Information.

“Identity Information” means information provided by use of the Product that is personally identifiable information which can be used to distinguish or trace an Individual’s identity, such   as government identifier numbers, DOB, mailing or email address, phone numbers and biometric records.

“Individual” means an identifiable natural person about whom a Data Processor holds Identity Information

“IDU” means the product name for Data Zoo’s identity verification solution.

“Law” means any Australian, New Zealand and Singapore statute, ordinance, or code and includes regulations, codes and other instruments under any of them and consolidations, amendments, re‑enactments or replacements of any of them together with any specific laws specified in the Product Statements.

“Permitted Use” means verifying or contributing to the Verification of the identity of an Individual where Consent has been obtained. Also, in accordance with the Privacy and Laws as defined in this Agreement, the Client has a lawful requirement for accessing the Product and any Additional Obligations described in the Product Statements.

“Personal Information” is as defined in the Privacy Laws and as defined in Identity Information.

“Privacy Laws” means the [Privacy Act 1988 (Australia) / Privacy Act 1993 (New Zealand)], Singapore Personal Data Protection Act 2012 (PDPA).and any other privacy legislation described in Product Statements.

“Product” means the product using the Database as and supplied to the End user via the IDU Service

“Service Level” means the service levels described in Schedule 2.

“Services” means any service (API or Web Portal) provided by the Data Zoo IDU solution to the Customer that utilizes the Product and is more particularly described in the Product Statements

Source Data” means the Client Data and any other data provided by Customer when using the Product.

“Supplier” means the third party supplier of the Database used in the Product described in a Product Statement, pursuant to an agreement with Data Zoo.

“End User” means a Customer or any of their respective employees, agents or contractors that accesses Data Zoo Services

“Verification” Is the use of the System that allows the Data Processor to compare Client Data with Databases provided by Data Zoo and obtain a result on the correctness of the information verified and a final score on the best matched result where possible back to the Customer.

BY USING THE SERVICE YOU ARE DEEMED TO HAVE ACCEPTED THE ABOVE TERMS AND CONDITIONS.

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