1.1. The following terms and conditions of trade (“Terms”) are applicable to the provision by AppraiseMe Limited (“Company”) of digital marketing services (“Services”) to homeowners of property (“Homeowners”).
1.2. References to “us”, “we” and/or “our” in these Terms shall mean the Company and references to “you” and “your” shall mean the Homeowners accessing the Services from us.
2.1. We will use all reasonable commercial efforts to provide the Services in an efficient and timely manner.
2.2. You agree and acknowledge that from the date you commence use of our Services this constitutes the date of acceptance by you of these Terms and creates a binding contract between us and you.
2.3. We will, where practicable, advise you of any matter, circumstance or instruction that may affect the timely delivery or quality of the Services and/or constitute a variation to the Services. No material variation to the Services shall be binding unless recorded in writing and signed by us and you.
3.1. We do not charge any fees to you for the use of our Services.
4.1. You may terminate our Services at any time. We may also terminate our Services to you at any time.
4.2. You authorise us (without further reference to you) to destroy all files and documents relating to the provision of our Services to you (including any files and documents provided to us by you) upon the expiry of one (1) month from the date of termination of the Services.
5.1. You will provide us with all information or assistance requested by us relating to the Services as soon as practicable following any such request. You will comply with the Copyright Act 1994 and identify to us any proprietary rights that any other person may have in any information which you provide to us.
5.2. We will be relying on the accuracy of the information provided by you or provided by others on your behalf, without independently having to verify it.
6.1. You will retain all intellectual property rights, including copyright and ownership in all reports, information and content created by or provided by you.
6.2. Except as described above, we will retain all intellectual property rights, including ownership of all patents, licences, trademarks, service marks, trade names, inventions, trade secrets, copyright, circuit layouts, moral rights, design rights, know-how, rights in computer software, databases and lists, confidential information and any other intellectual property rights (whether registered or unregistered and the right to register the same) relating to our website and the Services provided by us.
6.3. You shall not copy or reproduce any information in which we have copyright by any means or in any form without our written consent.
7.1. You authorise us to collect, retain and use any information about you for the purpose of enforcing any rights under these Terms.
7.2. If at any time, you would like a copy of your information or you discover that any personal information we hold about you is incorrect, you may contact us by telephone or email.
7.3. You accept and acknowledge the risk that transmission of data to and from our website over the internet may be intercepted, used and modified by third parties and that materials obtained from and through our website may contain computer viruses or other defects. You agree and acknowledge that we will not be held responsible for events arising from unauthorised access to your personal information that we hold or otherwise. We will use our reasonable endeavours to protect your personal information and once we receive your transmission we will use commercially reasonable endeavours to ensure its security on our system.
7.4. You agree and acknowledge that:
(a). we have informed you that real estate agents are prohibited from using any information or data relating to you which such agents have obtained through our website to attend your property for the purposes of negotiating an uninvited direct sales agreement; and
(b). if a real estate agent does attend your property in breach of the prohibition described in clause 7.4(a) you are entitled to report that agent to us and we will conduct an investigation into that agent’s conduct at the agent’s cost and as a result of such investigations we may, at our discretion, suspend or terminate that agent’s right to use our website or our services.
8.1. We are not liable in any event for any loss of profits, loss of revenue, loss of goodwill or business opportunities, or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person arising directly or indirectly out of the provision of the Services.
8.2. To the extent permitted by law, all warranties, conditions and obligations (express or implied) are excluded and if such warranties, conditions and obligations are not able to be excluded by law they shall only apply to the minimum extent required by the relevant legislation.
8.3. We are not responsible for the acquisition, or liable for the accuracy and validity of any consents, licences, permits and authorisations required to lawfully undertake the Services.
8.4. You indemnify us against all claims, liabilities, costs, damages, fees and expenses (including legal costs) suffered or incurred at any time by us arising as a direct or indirect result of any act, omission or default on your part or relating to an action or claim brought by a third party against us which relates directly or indirectly to the Services.
9.1. We shall not be liable for any delay or failure in performance of the Services or for any loss or damage arising directly or indirectly due to any occurrence or contingency beyond our reasonable control, including but not limited to, acts of God, acts of war, fire, laws or regulations, riots, earthquakes, floods, explosions, armed conflict, labour dispute, civil commotion, government intervention, accidents, Covid, interruption to transportation or weather.
10.1. The provisions of these Terms shall not be varied except by agreement in writing signed by both of us.
10.2. No right or obligation under these Terms shall be deemed to be waived except by notice in writing signed by the relevant party.
10.3. If any provision of the Terms shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
10.4. These Terms record the entire agreement between us and you and supersede any prior representations, agreements, statements and understandings, whether verbal or in writing, on the subject matter of these Terms unless previously agreed by us and you.
10.5. Any dispute or difference between you and us regarding these Terms will be negotiated between us through good faith negotiations.
11.1. The Terms shall be governed by and construed in accordance with the laws of New Zealand and the parties shall submit to the non-exclusive jurisdiction of the Courts of New Zealand.