AddressCleanse T&Cs

This is an Agreement between Hopewiser Limited whose registered address is Suite 512, 530 Little Collins Street, Melbourne VIC 3000, ABN 52 089 152 223 (“Hopewiser”) and the End User (“End User”) for the provision of Address Cleanse Services via the Hopewiser Website.

Hopewiser grants the End User to use the Service subject to the terms within this Agreement. By creating an Account the End User agrees to be bound by the terms of this Agreement. The Service remains the property of Hopewiser and any Data Suppliers.

1. DEFINITIONS

2. ACCEPTANCE

The End User will be deemed to have accepted a Deliverable upon paying for it. The End User is responsible for checking all Address Cleanse input field selections, service options and statistics before making payment.

3. CHARGES

The fees and basis for calculation of the final Deliverables are given in a summary report following a free data test and prior to the option to pay.

4. THE SERVICE

• The End User may only access the Service using Username and Passwords associated to the Account.
• The End User may not permit third parties to access the Service using their Username(s) and Password(s), unless agreed in writing with Hopewiser.
• The End User agrees not to undertake any of the following acts except to the extent expressly permitted by law:
  1. disassemble, decompile or reverse engineer the Service
  2. rent, lease, loan, resell, distribute, network or create derivative works based on the Service
  3. The End User shall not modify or attempt to modify any part of the Service.

5. DATA LICENCES

• • The data supplied by Hopewiser for use of the Service is subject to terms and conditions and licences set by the providers of that data, the “Data Supplier(s)”. The End User agrees to comply with all terms relating to each Data Supplier Licence. The following organisations apply terms regarding access to and the use of their data:
    1. Australia Post
    2. Companies House
    3. DBS Data
    4. Direct Marketing Association UK
    5. Equifax
    6. EircodeECAD &ECAF data (“Eircode”): the Products Licence Agreement (“PLA”) as granted by Capita Business Support Services (Ireland) Ltd
    7. HERE
    8. HM Land Registry. Contains HM Land Registry data © Crown copyright and database right 2019. This data is licensed under the Open Government Licence v3.0.
    9. New Zealand Post
    10. Office for National Statistics
    11. Ordnance Survey
    12. G-NAF (PSMA Australia)
    13. REaD Group
    14. Royal Mail Postcode Address File (“PAF”)
    15. The ARK
    16. TransUnion
    17. Universal Postal Union
    18. Wilmington Millennium

(Links above are given to the licence terms & conditions available via the Hopewiser website. All other licence terms & conditions can be obtained directly from the Data Supplier).

• Hopewiser will update Database(s) used by the Service within two months of such updates being received by Hopewiser in an acceptable and readable manner.
• Hopewiser does not warranty the accuracy of any Data Supplier Database.

6. SUPPORT SERVICES

• Self-Help: End Users should use the relevant Service Documentation and on-line help before contacting the Hopewiser support team.
• Hopewiser shall provide an email support service to respond to queries regarding the Service and to analyse problems between the hours of 9.00am and 5.30pm Monday to Friday, AEST time, excluding public holidays.
• The End User recognises that Hopewiser have no ability to access data uploaded to Address Cleanse or to Deliverables generated by it for the purpose of support.

7. MAINTENANCE

Hopewiser reserves the right to take the service down for three (3) hours on one (1) working day per calendar month. This will generally be 6:00pm to 9:00pm on the last working Wednesday of each calendar month. Hopewiser reserves the right to apply emergency updates outside of this period where deemed system critical, again to ensure long term continuity of service. In this instance notification will be provided but could be minimal.

8. PROPERTY AND CONFIDENTIALITY

• The Service and all parts thereof and Service Documentation are the confidential property of Hopewiser who warrants to the End User that it has good right to enter into this Agreement and that the Service will not infringe the intellectual property rights of any third party except only to the extent to which rights are expressly granted to the End User by this Agreement. Copyright and all other intellectual property rights are reserved to Hopewiser and shall not pass to the End User.
• The End User undertakes to treat as confidential and keep secret all information contained or embodied in the Service and Service Documentation and will not disclose the Service to any person firm or corporation except to its own employees who must have access to the Service by virtue of their employment with the End User and in the case of such persons the End User will take all reasonable steps to ensure that they keep the knowledge imparted to them confidential.
• The End User undertakes that it will not and will use its best endeavours to ensure that its employees will not make copies of usernames and passwords and the Service Documentation save for the End User’s own use.
• The End User agrees not to delete any copyright or trademark notice on the Service and in the Service Documentation and will ensure that no copyright notice of Hopewiser is deleted from any copy made by the User of Service Documentation.
• Hopewiser undertakes to keep confidential all information and data which comes into its possession relating to the business of the End User PROVIDED that this obligation shall not arise or continue in force in the information has become public knowledge or is already known to Hopewiser at the time of its disclosure.

9. DATA PROTECTION

• Both parties agree:
  1. to comply with the standards asserted by the relevant provisions of the Data Protection Act 2018 (UK) and the General Data Protection Regulation 2016 (EU) together with the Australian Privacy Act 1988 which amends them and to obtain and maintain all necessary registrations required by the Acts; and
  2. to ensure that all requirements of these rules and standards are met in respect of Data Supplier(s) Data and indemnify the other party against all consequences of a breach.

10. ACCOUNT SECURITY

• The End User shall regard as confidential its username and passwords as issued by Hopewiser. The end User must notify Hopewiser immediately if it believes that the username and password have been, or will possibly be, used in any unauthorised way.
• Hopewiser may issue a new username and password if the End User has notified of unauthorised use or has forgotten the password except in instances where Hopewiser suspects the account has been compromised due to negligent acts or omissions on the part of the End User.
• The Hopewiser Address Cleanse Service will:
  1. store all End User files in an encrypted format when not being processed.
  2. store the key to access End User files in an encrypted form so as to require a valid login to decrypt the data.
  3. delete each End User file 30 days after it is uploaded or created.
  4. not make backups (encrypted or otherwise) of End User data.
• The End User:
  1. Recognises that the Service is not to be used as a store for the upload of data or Deliverables.
  2. Recognises that a password reset (used to forcibly change a password, and distinct from a password change by a logged-in User) will prevent all access to the End User’s uploaded data and Deliverables. This prevents unauthorised access to End User uploaded files and Deliverables even in the event of compromise, unless that compromise involves the disclosure of the end User’s password. Access to statistics and other account information is unaffected.
  3. Will retain copies of and backup as appropriate any data uploaded to the Address Cleanse Service.
  4. Will download Deliverables as soon as practicable once available and backup as appropriate.
  5. Assumes all responsibility for loss of data in the event of not following the above c.(i) or (ii).

11. WARRANTY

Hopewiser warrants that the Service will perform in the manner described in the Service Documentation.

12. LIMITATION OF LIABILITY

• The End User acknowledges:
  1. Hopewiser does not warranty any Data Supplier Database usage to provide the Services in particular in relation to the accuracy or completeness of the Data Supplier Database and any Deliverables produced using such data;
  2. that the volume and nature of the information on Hopewiser or Data Supplier Databases makes it impractical for Hopewiser to verify it;
  3. Hopewiser shall not in any circumstances be liable for any loss or damage at all arising from any inaccuracies, faults or omissions in, or in the provision of the Deliverables unless caused by Hopewiser’s negligence or wilful default.
  4. Hopewiser provides the Services at a price that does not reflect any benefit the End User may obtain from them, including any profit that the End User may make or the amount of any credit that the End User may give.
• The End User agrees that Hopewiser shall not in any circumstances (including if Hopewiser has been negligent) be liable for:
  1. any indirect, consequential or special loss or damage at all; or
  2. any loss of business, data, capital, profit, reputation or goodwill, arising out of or in connection with this Agreement or its subject matter.

13. DISCLAIMER

• The End User must not rely upon any Data as the only factor or source of information in making any decision. Further advice and information from appropriate experts and professionals should be obtained before making any decision.
• Hopewiser will not be liable for delay or failure in performing obligations if the delay or failure results from force majeure, fire, explosion, industrial dispute, failure of equipment, programs and services supplied to the End User by a third party or refusal of licence or other governmental act or anything beyond Hopewiser’s control.

14. INFRINGEMENT OF THIRD PARTY RIGHTS

Hopewiser will indemnify the End User against any claim and associated costs against the End User alleging that the End User’s use of the Service infringes on intellectual property right of the Claimant. The End User shall promptly notify Hopewiser with full particulars and shall make no admission without Hopewiser’s consent. The decision as to whether the claim shall be defended will be Hopewiser’s alone and if Hopewiser decides either to defend or compromise it will do so at its own expense and hold the End User harmless from any judgement or other settlement of the claim. Hopewiser shall have the right to produce for the End User a right to use the Service without infringement or to replace or modify the Service to avoid infringement. If such replaced or modified Service is not suitable for the needs of the End User the End User may terminate this Agreement with immediate effect.

15. JURISDICTION

This agreement is governed by the law of Victoria and each party submits irrevocably and unconditionally to the non-exclusive jurisdiction of the Victorian courts.

16. WAIVER

Any forbearance or indulgence by Hopewiser in enforcing any term of condition of this Agreement shall not prejudice or restrict its rightful powers under this Agreement and no waiver of any breach shall operate as a waiver of any subsequent or continuing breach.

17. AMENDMENTS

No modification or amendment of this Agreement and no waiver of any provision shall be valid unless in writing signed by a duly authorised representative of each party.