Introduction

Houses.co.nz Limited (“Houses.co.nz”) welcomes you to this website. By viewing the pages of this website, you acknowledge that you have read and accepted these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this website and / or services.

1. Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Houses.co.nz from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the houses.co.nz website and services represents your agreement to be bound by the terms and conditions as amended.
2. Definitions: In these terms and conditions, the following expressions have the meanings set out below:
   'property', “house” or “section” means real estate;'
   'services' means any one or more of the services offered by Houses.co.nz Ltd from time to time, including online property advertising for sale and any other service that Houses.co.nz Ltd may offer;
   'we', 'us' and 'our' and www.houses.co.nz are a reference to Houses.co.nz Limited;
   'you' and 'your' are a reference to you the user of the web site;
   'web site' means the Houses.co.nz web site through which the services are offered currently being www.Houses.co.nz
   'listing' means a property listing on the web site for sale.
3. No Agency: Houses.co.nz Ltd provides an advertising space for those who wish to buy or sell properties. Houses.co.nz does not act as the agent of any person for reward in respect of the sale or purchase of real estate. Houses.co.nz is not a seller of real estate and takes no part in the process of formation of any agreement between persons for the sale and purchase of real estate other than to provide a forum for sellers to advertise real estate for sale and the provision of goods and services which may assist persons wishing to sell real estate
4. Warranties of user: By registering as a user, you warrant that:
   1. you have provided complete, accurate and current personal information. You must maintain and update your personal information held by Houses.co.nz Ltd in a timely manner to ensure it is kept current at all times. You must not register as a user under multiple identities or personas (whether false or not). Houses.co.nz Ltd may contact you to verify your personal information.
   2. All listings and communications made through Houses.co.nz Ltd shall be made in good faith. You shall not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them or other user.
   3. You are responsible for keeping your login information, including your email address and password, secret and secure and agree not to permit any other person to use your user name or disclose your password to enable someone else to gain access to your account.
5. Listing Policies: When listing a property for sale, it is your responsibility to ensure you are legally allowed to sell the property you list. You must also abide by the following listing policies:
   1. Properties must be accurately represented and listings must be placed in the most appropriate category.
   2. You may only offer to sell property and not other items.
   3. Private listings must be for the sale or rental of a property and must not be purely for advertising purposes.
   4. Listings should include contact details asked for in the listing process.
   5. Where the status of a listing had been changed to "sold”, that listing will remain on our web site for a short period prior to being removed
   6. All prices should be in New Zealand dollars and include all applicable GST.
      As all listings are not pre-screened for content. Houses.co.nz Ltd reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions. If you wish to have a listing removed from our web site please send us an email requesting the listing be removed.
6. Houses.co.nz Ltd Listing Fees: Houses.co.nz Ltd charges fees for the use of the web site to list a property for sale and other services in accordance with the following:
   1. Houses.co.nz Ltd's current fees are listed on our Sell your house page and are GST inclusive. Before listing an item, you should review Houses.co.nz Ltd's fees to ensure you are aware of the fees that you will incur.
   2. All fees are charged at the time of listing and are not refundable. Dependent upon the individual circumstances, Houses.co.nz Ltd may at our sole discretion decide to refund a listing fee.
   3. Online payment of the listing fees shall be made via the credit card facility available on the web site.
   4. Houses.co.nz Ltd reserves the right to change the fees charged for any of our services upon 14 days notice of publishing the new fees on the web site. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
7. Your risk: Transactions and all other contact between you and other users are conducted entirely at your own risk. You agree that Houses.co.nz Ltd takes no responsibility or liability for any misconduct of any of the users including, without limitation, users that have registered under false pretences or who attempt to defraud you. Houses.co.nz Ltd gives no undertakings, representations, or warranties in relation to properties listed on the web site, including the ownership of the property, the accuracy or truth of listings, that any property will meet your requirements or expectations or about the ability of the parties to complete a transaction.
8. Disclaimer: You expressly understand and agree that the web site and services are provided on an "as is" and "as available" basis. Houses.co.nz Ltd disclaims and excludes all implied conditions or warranties not expressly stated and specifically:
   1. Houses.co.nz Ltd does not warrant that the services provided will be uninterrupted, timely, secure, or error free. However, where you have identified an error with your listing you should advise Houses.co.nz Ltd and we agree to use our reasonable endeavors to attempt to remedy the error for you;
   2. That responsibility for the content of advertisements and listings appearing on the web site including any hyperlinks to advertisers' own websites is solely the responsibility of the advertisers or listing users as appropriate. The placement of advertisements on the web site does not constitute Houses.co.nz Ltd's recommendation or endorsement of the advertised product or service. Each advertiser or listing user is solely responsible for any representation made in connection with its advertisement or listing.
9. Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Houses.co.nz Ltd to you in connection with the services, this web site, a listing users acts or omissions or your inability to use the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Houses.co.nz Ltd's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. Notwithstanding the foregoing if Houses.co.nz Ltd is required to pay any sum of money to you such sum shall be limited to an amount equal to the listing fee for a listing of one property on the web site.
10. Indemnity: You agree to release and indemnify us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your failure to comply with these terms and conditions.
11. Breach: Without limiting any other rights and remedies available to Houses.co.nz Ltd, Houses.co.nz Ltd may remove your listings, or refuse to provide our services to you if you breach these terms and conditions or where in any circumstances Houses.co.nz Ltd considers it appropriate.
12. Termination of user account: Houses.co.nz Ltd reserves the right to decline to register or to terminate your user status without entering into further discussions with you.
13. Intellectual Property Rights: Houses.co.nz Ltd owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site.
14. Privacy: Houses.co.nz Ltd collects personal information about you through your use of the services and the web site, including:
    1. your registration details; and
    2. information relating to your use of the web site and the content you access.
       You agree that Houses.co.nz Ltd may use this personal information to assist us to provide the services to you for internal research purposes, to verify your identity, for promoting and marketing other Houses.co.nz Ltd products and services to you, and for any other use that you authorize. Where you have expressly accepted by using the features on our web site you agree that Houses.co.nz Ltd may disclose your personal information, including your name and contact details, to vendor or agent users that may potentially have properties to sell that meet your search criteria.
15. Use of your information: Otherwise than in accordance with the above, you agree that we are entitled to release account and other personal information when in our opinion it is necessary to comply with the law; enforce or apply our terms and conditions; or protect the rights, property, or safety of Houses.co.nz Ltd or our users.
16. Credit Card Security: We work diligently to protect the security of your personal information, including credit card information.
    We protect your credit card information by using an independent company called Direct Payment Solutions Limited ("DPS"). We have been advised that the Direct Payment Solutions Ltd service deploys the latest security measures and standards for electronic commerce, including Secure Sockets Layer ("SSL"), SET, digital certification, and RSA public key encryption. Direct Payment Solutions Ltd protects your credit card detail during transmission by using SSL (Secure Sockets Layer) which encrypts information you input. Your credit card details are not held by Houses.co.nz Ltd and can not be accessed by Houses.co.nz Ltd.
17. System Integrity: Houses.co.nz Ltd will use its reasonable endeavors to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, Houses.co.nz Ltd has no liability for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable.
    We reserve the right from time to time to modify or discontinue, temporarily or permanently the web site (or any part thereof) with or without notice to you. We shall not be liable to you or any third party for any modification, suspension or discontinuance of the web site.
18. Force Majeure: Houses.co.nz Ltd has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of Houses.co.nz Ltd to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Houses.co.nz Ltd.
19. Resolution of disputes: As Houses.co.nz Ltd is not a party to any sale or transaction relating to the sale, purchase or rental of a property, you agree not to involve, or attempt to involve, Houses.co.nz Ltd in any dispute or in the resolution of disputes that arise between you and another person as a result of the services provided.
20. No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
21. Partial Invalidity: If any provision of these terms and conditions becomes or 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 shall continue in full force and effect.
22. Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
23. Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties.