Terms and Conditions

Our website terms and conditions

While you’re on our website (and we love that you are here), there are a few terms and conditions you’ll need to know about. 

By using our website, you are deemed to have accepted these terms and conditions. If you don’t agree to these terms and conditions, then sorry but you may need to browse somewhere else. 

Some general provisions 

No, we’re not talking about groceries. These are a few general terms you need to know about. Firstly, we both accept the exclusive jurisdiction on the New Zealand courts for any proceedings in connection with these terms and conditions. Secondly, you accept that we may change these terms and conditions at any time and any revised terms and conditions displayed on our website will apply to your use of our website, its content and any service supplied by us. By continuing to use our website, you will be deemed to have accepted these changes. Lastly, to create an account with us you must be aged 16 or over.

Your responsibilities

This bit’s on you. When you’re browsing with us, you must:

• comply with these terms and conditions and any other agreements which you may have with us;
• make sure all information which you supply to us is current, complete, accurate and provided in a timely manner;
• comply with all applicable laws, regulations, standards and codes;
• not damage or disrupt our website, its content or any service supplied by us;
• not access, use or interfere with anybody else’s email or other communications which are not intended for you;
• not use our website, its content or any service supplied by us: 
  1. a. for sending spam, chain letters, pyramid schemes, hoaxes or other similar unsolicited communications of any kind;
     b. to abuse, defame, threaten, stalk or harass others;
     c. for sending objectionable language, content, or any expressions of hatred, racism or anti-religious remarks of any kind;
     d. for running any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software, including any software that may be used for scraping data;
     e. for introducing any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with our, or anyone else’s network or computer system;
     f. for using any software or device which may interfere with the services which are intended to be enjoyed by other users through use of mail bombs, war dialling, pinging or other disruptive technical means; and
     g. for the purpose of misleading others as to the identity of the sender or origin of any message (including by using a false identity).

Breaching the terms and conditions

If you breach these terms and conditions, we reserve the right to block your access to our website and/or take any other action as we see fit. It’s like kicking you out of a party when you get a bit too rowdy. 

Intellectual property

This doesn’t mean a really clever house. For the purposes of these terms and conditions, intellectual property means any material published on our website including text, images, graphics, data, concepts, systems and software (collectively, the Intellectual Property). Without limitation, our Intellectual Property includes copyright, trademarks and design rights which we own or otherwise have the right to use. 

You acknowledge that all Intellectual Property on our website is owned by us (or our licensors or suppliers) and that you have no claim or interest in the Intellectual Property. You may view our Intellectual Property for your own non-commercial use. The Intellectual Property must not be copied or reproduced, used or otherwise dealt with for any other reason without our explicit permission.

Some disclaimers

We will endeavour to allow you access to our website, however we make no representation or warranty (whether express or implied) that the website or any service supplied by us will:

• operate on a continuous or fault free basis, or at any particular time or location;
• be compatible with your computer equipment or software; or
• be free of viruses or other harmful features.

While we can’t make any hard and fast promises, we will work very hard to make sure our website or any service supplied by us is secure and private. 

Let’s face it, information within our website is going to change from time to time. In particular, we reserve the right to change the contents of any listing and/or withdraw any listing at any time without notice. While every effort will be made to ensure that the information contained within our website is accurate and up to date, we make no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness, or usefulness of any information contained in our website, nor do we assume any legal liability (whether direct or indirect) or responsibility for the accuracy, completeness, or usefulness of any information contained in our website.

You’ll see we often have links to websites outside of our own. It’s just a way of helping you get the information you need. We do not necessarily endorse the content of these third party websites. We make no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness or usefulness of the information in the links, nor do we assume any legal responsibility for the accuracy, completeness or usefulness of the information in the links.

Who is liable (and who’s not)

Let’s get one thing straight. If you are a consumer, then you may have certain rights and remedies available to you under the Consumer Guarantees Act 1993 (although we hope you won’t need to go there), and by no means do we attempt to limit or exclude those rights or remedies under these terms and conditions. However, if you are accessing our website for business purposes, then you agree that the Consumer Guarantees Act 1993 does not apply.

Otherwise:

• to the fullest extent permitted by law, we are not liable for any loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from or in relation to your use of our website; and
• we are not liable for any loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from the acts or omissions of any third parties in relation to any default by them in relation to the provision of or access to, our website, its contents or any service supplied by us. 

We are not a contracting party to any sale transaction facilitated through our website. All transactions are conducted at the parties’ own risk and we accept no responsibility or liability for the quality or fitness of any listed property, any representations made concerning any listed property, or a party’s title to any particular property.

You agree to indemnify us against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages suffered or incurred by us, and all claims and demands made against us, arising directly or indirectly out of your access to or use of our website, or any breach of these terms and conditions by you.

A bit about privacy

We need to cover this off as it’s quite important. Through our website we may collect and hold information relating to you. You agree that we may collect, use and disclose information about you in accordance with the terms of our privacy policy, which can be read here. 

If you are customer of realestate.co.nz the above applies to you as a user of the site. However, we also have an extra privacy policy for you as a customer too. This can be found here.