Martins - Data Solutions
Terms & Conditions
Terms & Conditions
1. The User may copy the List, store the List on their databases and computer systems, and use the List to the extent necessary in pursuing your internal marketing activities. You must not on-sell or give our data to a third party without our prior permission (please contact us if you want to be a Broker of Martins data)
2. The User agrees to pay MARTINS for the provision of the List as per our credit Terms and Conditions on our invoice. Prices are subject to change without notice. All amounts payable by the User under this agreement are exclusive of GST and other duties or taxes. All Rural Data is payment prior to data delivery.
3. Any GST, other duties or taxes payable in respect of such amounts shall be payable in addition to such amounts.
4. Accuracy - we have a variety of ways to keep our data current including telephone checking, website monitoring, Companies Office, processing returns (Gone No Addresses), Associations websites, magazine & newspaper monitoring. We will credit or re-supply all mail returns, disconnected numbers and bounced emais, 100%, once these have been returned to us. All data must be used within a three month period after supply (returned mail or emails will be refunded under our 100% Credit policy). Martins will not be liable for any associated costs such as post charges, courier fees or printing costs.
5. Where the List is merged with any other list for any purpose, including but not limited to mailing, names and addresses must be source coded so that returned mail sourced from the List (if any) can be directed back to MARTINS.
6. MARTINS does not guarantee response rates from any List. We do not claim to have all NZ Companies on our database.
7. MARTINS in no way endorses or guarantees the performance of any product or service promoted by any users of any List and shall not be quoted directly or by implication, as doing so.
8. The User will indemnify MARTINS in respect of all actions, proceedings, and claims which may be brought against MARTINS arising from any breach by the User of the provisions of this agreement limited to the amount paid by the User to MARTINS for the List, and reduced to the extent that MARTINS contributed to such breach.
9. MARTINS’ liability to the User under this agreement is limited to the amount paid by the User to MARTINS for the List. MARTINS will not be liable to the User for any loss of profit, or for any indirect or consequential losses. MARTINS will not be liable to the User under or in connection with this agreement in any other way, whether in contract, tort (including negligence) or otherwise.
10. The User must ensure at all times that the List is used only in accordance with the terms of this agreement and for this purpose, without limitation, must at all times keep the List secure and confidential.
11. MARTINS’ Lists have been seeded to detect unauthorised copying and use. Action will be taken in all cases where misuse of any MARTINS’ Lists is detected.
12. MARTINS remains the owner of the List and all intellectual property rights in it. The User must not copy, modify, dispose of or distribute the list except as permitted by this agreement.
13. The User agrees to comply with all relevant laws relating to the uses of the List, including (but not limited to) the Unsolicited Electronic Messages Act 2007 and the Privacy Act 2020.
14. This agreement is governed by and subject to New Zealand law. The agreement will be construed in accordance with New Zealand law. The User and MARTINS agree to the non-exclusive jurisdiction of the New Zealand Courts in respect of any dispute or other matter arising in connection with this agreement
15. Data is for in-house use only and not for resale to a third party (unless by prior arrangement).
16. Any overdue invoices will incur costs we or our agents incur in recovering monies owed, including any relevant bank charges and costs, commissions and legal costs.
Auckland – PO Box 13393, Onehunga, Auckland 1643. Ph: 09-636 1300
Waikato – 17 Cowley Drive, Cambridge 3432. Ph: 07-823 0410
Special Notes on Email Marketing
In terms of the Unsolicited Electronic Messages Act 2007, there are three types of Consent to be able to send a "Commercial Message".
Express Consent - i.e. fully opt-in
Inferred Consent - this is based on the fact that you have a prior business relationship - i.e. they are an existing customer
Deemed Consent - this is based on two things:
a) Email address is conspicuously published - i.e. on a website (and does not have "Do Not Email Me" disclaimer)
b)The information being sent to them is relevant to the business, role, functions, or duties of the person in a business or official capacity.
Martins Email Policy
We do often collect or verify email addresses by telephone, but although we say who we are and what we do, we may not be able to say we have Express Consent.
As our customers are generally looking for new customers/prospects, unless we are enhancing our clients existing database with email addresses, Inferred Consent is not often used.
Deemed Consent
We go to a great deal of trouble to "find" conspicuously published email addresses and take note of the job title associated with it. We use the standard ANZSCO codes to classify their occupation. Note: Not all of our email addresses are "conspicuously published". It is up to our Clients to decide that the email message they send is
"Relevant to the Role of Function" of the person receiving it. The User must also comply with the other requirements of the Unsolicited Electronic Messages Act 2007, which will be out of the control of MARTINS. We endeavour to collect "personalised" email addresses but some emails will be more generic - ie "info@".
Seeking Advice From the DIA and Best Practice
If you are unsure if you have the required consent or that your email message complies with the Act, we strongly suggest you contact the Anti-spam team of the Department of Internal
Affairs on info@antispam.govt.nz for advice.
Best Practice is to telephone the database prior to emailing, to establish Express Consent by asking the contacts on the database if they would like to receive email messages from your company. Once you have this, you can continue to send these contacts email messages. If you are calling you may wish to consider implementing a system to record the details of the businesses contacted, the date and time contacted, and whether consent was received to proceed with sending out a commercial electronic message. MARTINS will always supply Telephone and/or Mailing data with our Email addresses.
Important Disclaimer
Although MARTINS Limited take all reasonable steps to gain "Consent", we cannot be held liable for any subsequent action taken by the Anti-spam Department of the DIA. The Unsolicited Electronic Messages Act 2007 clearly states that the onus is on the person sending or authorising the "commercial message" to be able to clearly show "Consent".
"It is the sender of a commercial email or SMS text who must be able to prove they have the recipient's consent, not the seller of the database." Quote from Steve O'Brien - Anti-spam Compliance Manager for the Department of Internal Affairs (DIA).