Here’s a House Ltd ("Here’s a House") provides an internet platform, known as Here’s a House. This platform is made up on an internet and mobile website. By accessing and browsing this area of the Here’s a House Internet Platform, you agree to comply with the terms and conditions set out below ("Here’s a House - Platform Terms of Use"). If you do not agree to comply with these Internet Platform Terms of Use you must immediately leave the Here’s a House Platform.
1.1 The purpose of the Internet Platform is to provide a venue for:
a. New Zealand sellers and buyers of property to connect and start discussions and preliminary negotiations about potential property sales and purchases;
b. New Zealand sellers of property and real estate agents to connect and discuss the listing of property with a real estate agency;
c. New Zealand sellers to list their properties which can be viewed, and contact details provided to the potential seller from interested prospective buyers or agents.
1.2 Except for making available the Internet Platform and the connections, discussions, the verbal offer service and other information provided on it, Here’s a House does not itself buy or sell properties on the Internet Platform. If you wish to contact a seller you must become a registered member and strive to start your own conversation with the potential seller of the property in question, which may result in a verbal agreement and ultimately a sales arrangement between you and the seller of the property. If you wish to sell a property you must become registered and start your own conversation with a potential buyer, which may result in a verbal agreement and ultimately in a sales arrangement between you and the potential buyer. Here’s a House does not act as the agent of any person or business in relation to the sale of a property or services provided by affiliates of the Internet Platform.
1.3 While we strive to provide a high quality property portal and invite feedback from our users, Here’s a House is not responsible for the conduct or performance of any person or business using the Internet Platform, or the quality, suitability, safety, legality or availability of any of their services, goods or products. Here's a House Administration reviews pending listings prior to the listing being published. We do not indpendently verify the accuracy and legality of each listing and accept no responsibility for listing content and accuracy. However, we encourage members to report any listings that are inaccurate, incomplete or that contravene these Terms of Use.
1.4 By accessing the Here's a House Platform you agree to the following:
a. If advertising a property through the site, you ackowledge that you are the legal owner and have agreement from any other owners of the property to advertise the property for sale or pre-sale discussions.
b. You are a New Zealand Citizen or have Permanent New Zealand Residency.
c. You are over 18 years of age.
d. If advertising your property for sale or pre-sale discussions, you have disclosed all known information about the property and understand that potential buyers may take legal action against you if you have misrepresented the property or failed to disclose important information about the property. You acknowledge that it is your sole responsibility to provide accurate and up to date information to potential buyers. This includes ensuring you provide up to date and accurate photos of your property.
e. If your property is tenanted and you plan to sell, you agree to notify your tenant of your intention to sell.
2.1 Members of the Here's a House Internet Platform maintain their own profile, property listings, connections, conversations, and other information about themselves, and without Here's a House involvement. Therefore, Here’s a House does not warrant or represent that any information on the Internet Platform, sent to you via any part of the Internet Platform or downloaded by you from the Internet Platform ("Information") is current, complete, or accurate.
2.2 Here’s a House is not responsible for any third party advertising on the Internet Platform, or any content, information or any third party website that is linked to any part of the Here’s a House Platform. Here’s a House may include links to affiliate businesses who offer services that aid property sales and purchases, but such linking should not be considered as an endorsement by Here’s a House of any business products, services or information, and you accept responsibility for undertaking your own due diligence of these businesses. Here’s a House is also not responsible for the links to any products, services or information, and does not provide endorsement to these, that Members may add to the Internet Platform while using the Platform.
2.3 You will be responsible for your use of any Information and any information on or from any content or website linked to the Here’s a House Platform. All information provided by us pursuant to these terms and conditions is provided in good faith. While we believe the information provided to be accurate and up-to-date when published, by using our site you accept that any information provided by us is general information and is not in the nature of professional advice. We do not make any representations or warranties that the information provided is reliable, accurate or complete or that access to the information will be secure, timely or uninterrupted. While our 'seller' and 'buyer' information can be used as a starting point, you should make your own enquiries and seek independent advice from relevant industry professionals before acting on or relying on any information or material made available to you. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us.
2.4 We reserve the right to update any information on our site from time to time. While major updates to our site and Terms of Use with be promulgated, it is your responsibility to keep abreast of changes to our policies and website functions. These Terms and Conditions were last updated on the 9th November 2018.
3.1 You acknowledge that:
all copyright, trademarks, database rights and other intellectual property rights in the product descriptions, conversations, offers, the Information and in the Here’s a House Platform itself are owned by Here’s a House or its licensors; and except as expressly stated in these Terms and Conditions, no right or license is granted to you in relation to the Information or the intellectual property rights in such Information.
4.1 Here’s a House may collect personal information when you use the Internet Platform. The collection and use of personal information on this Internet Platform is governed by the Here’s a House Privacy Policy. By accepting these Terms and Conditions and accessing and viewing the Here’s a House Platform, you accept the terms of the Here’s a House Privacy Policy
5.1 You must not attempt to:
a. Damage, interfere with or harm any part of the Here’s a House Platform, or any network or system underlying or connected to the Internet Platform, in any way whatsoever;
b. Amend any Information contained on the Internet Platform, unless you are amending your own profile and listing information or are expressly permitted to by Here’s a House; or translate, decompile, reverse engineer, reverse compile, reverse assemble or in any manner attempt to derive the source code of the Here’s a House Platform or the software underlying or connected to the Internet Platform, or directly or indirectly allow or cause a third party to do so, except to the extent expressly permitted by the laws of New Zealand.
5.2 As a Here's a House member you have been provided with an individual login account. You acknowledge that this is for your sole use only and you may not share these login details with other individuals or have other individuals operate your Here's a House account. If people you work with or know wish to use the membership functions within the Here's a House Platform, then they must sign up for their own account.
6.1 You understand and agree that your use of the Here’s a House Platform is at your sole risk. The Internet Platform is provided by Here’s a House on an "as is" and "as available" basis. Here’s a House disclaims and excludes any and all conditions, terms or warranties in relation to the Internet Platform (including, but not limited to, warranties or pledges from third party affiliates included for a particular purpose on the Internet Platform) whether express or implied by statute or common law or otherwise, to the fullest extent permitted by New Zealand law.
6.2 Without limiting the above, Here’s a House does not warrant that the Internet Platform or any services provided by Here’s a House will be available at all times, secure or error-free, or that any Information is error-free or reliable.
6.3 In no event will Here’s a House, its employees, agents, directors and other staff have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of the Here’s a House Platform or any services provided by Here’s a House, or in relation to any members of Here’s a House, whether or not such liability is direct, indirect, consequential or of a special nature, including but not limited to any liability for loss of revenue, damage to property or loss of possessions from any home viewing arranged through the site, property sale price, profit, anticipated savings, goodwill, opportunity, production or loss or corruption of data.
6.4 None of the exclusions or limitations set out in these Terms of Use will limit or exclude any form of liability to the extent such liability cannot be limited or excluded under New Zealand law.
7.1 If you do not comply with these Internet Platform Terms of Use, Here’s a House reserves the right to suspend or block your access to the Here’s a House Platform and pursue any other legal actions or remedies available to Here’s a House against you.
8.1 You agree to indemnify, defend, and hold harmless Here’s a House Ltd and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by You of these Terms and Conditions.
9.1 From time to time these Internet Platform Terms of Use may be amended or reviewed by Here’s a House. Revisions and changes will be effective immediately upon posting on the Here’s a House Platform. Your continued browsing or use of the Internet Platform will constitute acceptance of any amendments or revisions to these Internet Platform Terms of Use. You are responsible for ensuring you are familiar with the latest version of the Here’s a House Platform, Terms of Use. In the event that any inconsistencies exist between these Terms and Conditions and any future published Terms of Use or understanding, the last published Terms Conditions or Terms of Use or understanding shall prevail.
9.2 No failure or delay by Here’s a House in exercising any right, power or privilege under these Internet Platform Terms of Use will operate as a waiver of such right, power or privilege, nor will any single or partial exercise preclude any other or further exercise of any right, power or privilege under these Internet Platform Terms of Use.
9.3 If any provision of these Internet Platform Terms of Use is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which will continue in full force and effect.
9.4 These Internet Platform Terms of Use are governed by the laws of New Zealand. By agreeing to comply to these terms of use, you submit to the non-exclusive jurisdiction of the Courts of New Zealand.
9.5 Membership fees are non refundable and are quoted in New Zealand dollars.
9.6 Without express permission from Here's a House, you may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by Here’s a House Ltd, or its affiliates or Providers.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY HERE’S A HOUSE LTD.