ADDRESSBASE STANDARD | ID NUMBER 201221, 201241
The Supplier Data used to provide Addressbase Standard is supplied by GBG’s Supplier. GBG is obliged under the terms of its agreement with its Supplier to ensure that all End Users agree to comply with the following provisions:
1. DEFINITIONS
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms and Product Terms:
“Business Use” means the use of the Supplier Data by End Users (including Infrastructure Bodies and Public Bodies) solely for the internal administration and operation of the End User’s business but does not entitle the End User to make available or provide the Supplier Data to thirds parties.
“Commercial Activities” means any activity which involves or is intended to involve Financial Gain.
“Competing Activities” means where the End User is using Supplier Data in an activity which:
(a) competes with or substitutes an activity of third party that is licensed for the Supplier Data;
(b) is reasonably likely to complete with or substitute an activity of third party that is licensed for or to be licensed for the Supplier Data;
(c) competes with or substitutes or is likely to compete with or substitute any of the Supplier’s products and/or services (such products or services to be notified to the End User from time to time).
“Core Business” means any public sector activity in central and local government and health services, excluding Commercial Activities and/or Competing Activities.
“Customer Created Analytics Data” means either:
(a) data created by the End User using Supplier Data to provide analysis or an answer in response to a query; or
(b) data created by the End User using Supplier Data which is capable of being linked to, where applicable, to a Feature or Feature Attribution within Supplier Data, provided that the data created by the End User under either a) or b) above:
i. does not copy the Supplier Data:
a. a Feature in whole; and / or
b. a Feature Attribution in whole or in part; and
ii. can be used independently of the Supplier Data.
Examples of Customer Created Analytics Data can be found on the Supplier website or on request.
“End User Data” means any data provided to GBG by the End User for processing in accordance with the terms of the Agreement including, where relevant, any personal data.
“Excluded Bodies” means:
(a) Any body whose geographic remit is wholly or mainly in Northern Ireland;
(b) Save where Cabinet Office and the Supplier otherwise agree, any public or private limited company (including but not limited to whether limited by shares or guarantee);
(c) Any Private Registered Provider of Social Housing which shall have the meaning ascribed thereto in section 80 of the Housing and Regeneration Act 2008;
(d) Any registered social landlord within the meaning of Part 2 of the Housing (Scotland) Act 2010; and
(e) Any other body as may be agreed by the Supplier and Cabinet Office from time to time.
“Feature” means any feature represented in the Dataset, including without limitation any line, polygon, symbol or text.
“Feature Attribution” means the characteristics associated with a Feature (subject to the specification of the Dataset).
“Financial Gain” means any revenue or credit received which exceeds the End User’s incremental costs of supplying or making available to a recipient any copy of the Supplier Data. Financial Gain does not include any receipts from Statutory Charges. “Infrastructure Body” means:
(a) A body which falls within the definition of ‘utility’ in Regulation 2 of the Utilities Contracts Regulations 2006 or Regulation 2 of the Utilities Contracts (Scotland) Regulation 2006; or
(b) A body which is a provider of a ‘Public Electronic Communications Network’ as defined in the General Conditions of Entitlement set by the Office of Communications under section 45 of the Communications Act 2003; or
(c) A body which operates a buried pipe-line or pipe-line network in Great Britain where, for the purposes of this paragraph (c) ‘pipe-line’ has the meaning given to it in section 65 of the Pipe-Lines Act 1962; or
(d) Any other entity as may be agreed by the Supplier and Cabinet Office from time to time as being an infrastructure body as published on the Supplier’s website.
“Limited External Use” has the meaning given to it in clause 2.3 below.
“PBIB DC Data” means Supplier Data which is either:
(a) OS MasterMap Topography Layer; or
(b) an Address Dataset in which the PAF Data solely comprises of Cleansed Data
as set out in the Order Form
“Permitted Purpose” means the purposes outlined by the Supplier for which the Dataset may be used as set out in the Additional Terms below as applicable in addition to the Customer Use Case as set out in the Agreement.
“Public and Infrastructure Data Sharing” means subject to clause 2.6 the supply to an Infrastructure Body or Public Body and receipt from an Infrastructure Body of copies of the Supplier Data.
“Public Body” means:
(a) A body which falls within the definition of ‘contracting authority’ in Regulation 2(1) of the Public Contracts Regulations 2015 or Regulation 2(1) of the Public Contracts (Scotland) Regulations 2015, excluding any Infrastructure Body; and/or
(b) A Council constituted pursuant to section 2 of the Local Government etc. (Scotland) Act 1994; and/or
(c) Any other entity as may be agreed by the Supplier and Cabinet Office from time to time as being a public body as published on the Supplier’s website,
in each case excluding the Excluded Bodies.
“Public Sector Use” means use of the Supplier Data by a Public Body to support delivery of or to deliver the Public Body’s Core Business.
“Royal Mail PAF Terms” means the Royal Mail PAF Solutions terms and conditions issued by Royal Mail (which is available to review via https://www.poweredbypaf.com/wp-content/uploads/2020/09/PAF_Data_Solutions_Provider_Licence_24_December_2014_from_October_2020-2.pdf).
“Statutory Use” means, subject to clause 7 the use of the Supplier Data by Infrastructure Bodies solely to satisfy an express written obligation imposed by a formal written enactment of a legislative authority that governs the UK and or individual country within the UK to which the End User is subject and which requires the use of the Supplier Data to meet that obligation but only to the extent required by that obligation (“Relevant Enactment”).
2. USE OF THIS DATASET
2.1. Royal Mail. The Supplier Data contains IPR owned, in part, by Royal Mail. Accordingly, the Supplier Data is subject to the additional specific terms set out in the Royal Mail PAF Terms. Where there is any conflict between the terms of the Royal Mail PAF Terms and these Additional Terms, the Royal Mail PAF Terms shall take precedence.
2.2. Limited External Use. If granted permission under the End User’s Agreement with GBG, the Dataset may be used to:
(a) Promote or further the End User’s own business by generating a map which demonstrates one or more of the following:
i. The location of the premises and static assets which the End User owns, leases or manages;
ii. The location of a bespoke event organised by the End User up to and for the duration of the event;
iii. Directions or routes (which are not specific to any particular customer or third party) to the premises or static assets in clause 2.2(a)i or event in clause 2.2(a)ii;
iv. The scope of the End User’s area of operation;
(b) To report on the End User’s own business by including a map in:
i. An annual report on the affairs of the End User’s business or for accounting purposes in each case produced to comply with a statutory obligation (including, without limitation, section 415 of the Companies Act 2006); and/or
ii. A report to be submitted to a regulatory body to which the End User is subject in order to meet that regulatory body’s requirements; and/or
(c) In connection with the End User’s professional services but solely in the following ways, either:
i. To include a map within any professional services provided by the End User to its clients, such map only to be used (in the case of a business client) for the internal administration and operation of such client’s business or;
ii. To include a map in an advertisement in respect of the sale or letting of a property which is owned or leased by any of the End User’s clients provided that any such advertisement may only be published either:
a. in a periodical published in paper format by a third party provided that any map contained in the End User’s advertisement may not feature in any electronic reproduction of such periodical which is published on the internet or in any other format;
b. in paper format within the End User’s own publication; or
c. in electronic format on the End User’s own website,
and for the avoidance of doubt, this 2.2(c)ii does not permit the End User to publish any map generated by this Dataset on any third-party website.
(d) Limited External Use is subject to the following conditions:
i. any map generated in accordance with this clause 2.2 shall not comprise:
a. a service or product in itself; or
b. a significant part of any product or service offered by the End User; or
c. a service or product (or significant part of any product or service) provided on behalf of a third party;
ii. the map shall be in a raster format and the End User shall use its reasonable endeavours to prevent third parties from being able to edit the map or from extracting Supplier Data from the map;
iii. the map shall not be of a larger scale or area and shall not contain a larger number of features than is reasonable for it to fulfil its function;
iv. the End User shall display additional information on or with the map, which information facilitates the purposes in clauses 2.1(a), (b) and (c);
v. the End User shall not receive any direct payment, credit or monies worth as a result of allowing third parties to access, view or use the map but, for maps generated in accordance with clause 2.1(a), the End User shall be entitled to use the map in conjunction with advertisements that are not illegal, deceptive, misleading, unethical or detrimental to the reputation of the Supplier Data and/or the Supplier; and
vi. for the avoidance of doubt, the End User shall acknowledge copyright and database right ownership in a conspicuous position in all copies of Supplier Data in compliance with the current style guide available on request from the Supplier.
2.3. Public Body and Infrastructure External Use. If granted permission under the End User’s Agreement with GBG, this Dataset may be used for Public Body and Infrastructure External User subject to the following conditions:
(a) PBIB Recipient means the Public Body and/or, subject to the Infrastructure Body to whom PBIB DC Data is supplied;
(b) both the End User and the PBIB Recipient must be licensed for Business Use or Public Sector Use for the same area of coverage of the same GBG solution being supplied and/or received;
(c) the End User shall obtain written confirmation from the PBIB Recipient to whom it is supplying PBIB DC Data that the PBIB Recipient is licensed for Business Use or Public Sector Use in these Additional Terms, for the same area of coverage of the same GBG solution being supplied;
(d) the End User shall maintain a written record of:
i. the names and addresses of PBIB Recipients to whom it has supplied PBIB DC Data;
ii. the PBIB DC Data which was supplied by it to the PBIB Recipients; and
iii. when the PBIB DC Data was supplied by it to the PBIB Recipients,
iv. and upon our written request it shall provide a copy of that written record;
(e) the End User shall not receive any direct or indirect payment, credit or monies worth for the supply of PBIB DC Data to a PBIB Recipient;
(f) the Supplier shall have no liability to the End User or the PBIB Recipient in respect of the PBIB DC Data supplied to a PBIB Recipient; and
(g) for the avoidance of doubt, the End User shall acknowledge copyright and database right ownership in a conspicuous position in all copies of Supplier Data in compliance with the current style guide available on request from the Supplier.
2.4. Statutory Use. If granted permission under the End User’s Agreement with GBG, the End User may use this Dataset for Statutory Use subject to the following conditions:
(a) the obligations in clauses 2.2(d)ii, 2.2(d)iii, 2.2(d)iv and 2.2(d)vi of these Additional Terms shall apply;
(b) the End User shall maintain a written record of its Statutory Use and upon written request shall provide a copy of that written record to GBG; and
(c) the End User shall not receive any direct or indirect payment, credit or monies worth for the Statutory Use other than any charge which it is entitled to impose in accordance with the Relevant Enactment.
2.5. Public and Infrastructure Data Sharing. If granted permission under the End User’s Agreement with GBG, the End User may use this Dataset for Public and Infrastructure Data Sharing subject to the following conditions:
(a) Sharing Party means the Public Body or Infrastructure Body (as applicable) supplying Supplier Data or to whom Supplier Data is supplied, in accordance with these Additional Terms;
(b) both the End User and the Sharing Party must be licensed for Business Use or Public Sector Use for the GBG solution being supplied and/or received;
(c) the End User shall obtain written confirmation from the Sharing Party to whom it is supplying Supplier Data that the Sharing Party is licensed for Business Use or Public Sector Use as set out in these Additional Terms, for the GBG solution being supplied;
(d) the use of the Supplier Data received by the End User from an Infrastructure Body shall be governed by the End User’s licence for the GBG solution;
(e) the End User shall maintain a written record of:
i. the names and addresses of Sharing Parties from whom it has received or to whom it has supplied the Supplier Data;
ii. the Supplier Data which was received by it from and/or supplied by it to the Sharing Parties; and
iii. when the Supplier Data was received by it from and/or supplied by it to the Sharing Parties, and upon written request it shall provide a copy of that written record to GBG;
(f) the End User shall not receive any direct or indirect payment, credit or monies worth for the supply of DC Licensed Data to a Sharing Party;
(g) the Supplier shall have no liability to the End User or the Sharing Party in respect of the Supplier Data received from and/or supplied to a Sharing Party; and
(h) for the avoidance of doubt, the End User shall acknowledge copyright and database right ownership in a conspicuous position in all copies of Supplier Data in compliance with the current style guide available on request from the Supplier.
2.6. General Use. The End User shall not use this Dataset for any illegal, deceptive, misleading or unethical purpose or otherwise in any manner which may be detrimental to the reputation of the Supplier Data or any person.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. Save as otherwise agreed in writing, the End User shall assign the Intellectual Property Rights in its Customer Created Analytics Data and/or where applicable to the Agreement, Cleansed Data to the Supplier to the extent they were created using Supplier Data and, in turn, the Supplier grants the End User the right to a royalty free licence to use such data for their Permitted Purpose and to retain it in perpetuity solely for their Permitted Purpose.
3.2. The End User shall not, without written consent, use the name of the Supplier Data in the name of any of its solutions or products.
4. LIABILITY
4.1. The Supplier shall have no liability to the End User in respect of the Supplier Data, or these terms.
4.2. The Supplier has the right to directly enforce these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.