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TERMS OF USE
MyProperties 2014 Limited (“we“, “us” or “our“) operates the “MyProperties” cloud based community (“Community“) through www.myproperties.co.nz (“Website“) to help groups of people involved in buying, renovating residential property to meet and share property information and to access certain tools and services. These Terms of Use govern your membership of the Community and use of the Website and any consultation services (“Services“) we promote or make available through the Website. By becoming a Member, accessing the Website or acquiring any of the Services, you agree to be bound by these Terms of Use.
  1. MEMBERSHIP
1.1. To become a member of the Community (“Member“) and receive the Services, you must first:
a. complete the application requirements on the Website (“Member Application“);
b. and pay the applicable fee (“Membership Fee“) required in accordance with clause 2.1.
Once your Member Application is accepted and you have paid the Membership Fee you will receive a login for the Website.
1.2. You represent and warrant that all information you provide in the Member Application or otherwise is true, correct and up-to-date. You agree to keep your profile information up-to-date while you remain a Member.
1.3. You must keep your user name and password strictly confidential and must not allow any other person to access the Website or make use of any of the Services using your username or password without our prior written consent.
1.4. Subject to these Terms of Use, your membership will continue for one year from the date you complete the Member Application, and unless we receive not less than 30 days written notification prior to the renewal of your term that you wish to cancel, your membership will automatically renew for further consecutive one year term.
1.5. Membership is not transferable and becoming a Member of the MyProperties Community does not mean you are automatically a member of any other groups or sub-sites that may link to the Website. If you want to join those other groups or sub-sites you will need to do so separately.
  1. PAYMENT
2.1. For the purpose of paying the Membership Fee, you must either pay us:
a. an annual fee in advance on the date you complete the Member Application and each anniversary of that date while you remain a Member; or
b. an annual fee paid by way of one twelfth of the annual fee paid monthly in advance on the date you complete the Member Application.
2.2. The amount of the Membership Fee at any time will be either set out on the Website or will be provided separately to you on request.
2.3 Unless otherwise agreed, we will not provide any refund for any Membership Fee, including any refund for any part of any annual period in relation to which you have paid the Membership Fee but have ceased to be a Member or to receive any Services.
2.4. You must pay all amounts due to us under this Agreement:
a. in New Zealand dollars without deduction or set-off of any kind;
b. initially, by paying our invoice either upfront or in any subsequent years of membership you may be offered the option of paying your annual Membership Fee by way of one twelfth paid monthly in advance;
c. once our ecommerce capability supports it, by using an approved credit or debit card or through direct electronic transfer in accordance with the payment section of the Website. By electing to pay using a credit or debit card, you authorise us to debit the price from that credit or debit card; and
d. on or before the required payment date failing which we may charge interest on any outstanding amount on a daily basis at a rate of 12% per annum from the required payment date until the date of actual payment.
2.5. We may use an agent to process any electronic payment transaction. You agree that we may share your personal information with that agent to the extent necessary to process that payment transaction.
2.6. Without prejudice to any other rights or remedies we may have, we may suspend your membership and access to the Services if you have not paid any amount owing to us by the relevant due date.
  1. REBATES
3.1. We may, from time to time, provide rebates to you for certain agreed activities. For example, where you take on a group leadership role within the Community or you sign up new Members to the Community. Any such rebate or other payment obligation will only apply where, and subject to any conditions, set out by us on the Website or otherwise agreed by us in writing. We may cancel any such obligation at any time by notice directly to you or through the Website.
3.2. Any rebate payable by us is subject to your compliance with these Terms of Use. You may not set off any rebate or proposed rebate against any amount otherwise payable by you under these Terms of Use.
3.3. Nothing in this clause 3 makes you our employee or agent. You must not make or purport to make any unauthorised representations or enter any agreements on our behalf.
  1. USE OF THE WEBSITE AND CONTENT
4.1. You must comply with all relevant laws in relation to your use of the Website and activities in the Community.
4.2. We may make available to you (including through the Website) certain content, materials or information including, but not limited to, text, videos, audio, links to third party websites and lists of reference materials (“Our Content”).
4.3. You must only use Our Content to the extent necessary for (or incidental to) your viewing and normal use of the Website, your receipt of the Services and authorised activities of within the Community.
4.4. You must first obtain our permission before you copy or otherwise disseminate Our Content or other material, information, discussion, conversation or other content from the Website.
4.5. Where you post or otherwise make available on the Website or otherwise through the Community any information, material or other content (“Your Content“), you grant us an irrevocable, royalty-free, perpetual right to edit, copy, publish, distribute, translate and otherwise use Your Content in any medium for the purposes of the Community (as that purpose and the membership of the Community may change over time).
4.6. You warrant that you are authorised to make Your Content available and that our possession, modification, display, publication, performance, copying, translation or other use of Your Content will not infringe any third party intellectual property, privacy, contractual or other rights.
4.7. You must not post, link to, or otherwise make available through the Website or Community any material that is:
a. untrue or inaccurate;
b. objectionable or offensive in any way; or
c. unlawful, libellous, defamatory or that otherwise violates any party’s rights, including any intellectual property rights.
  1. SERVICES
5.1. Where agreed, we may provide, or arrange for the provision of, certain Services to you.
5.2 You expressly agree that your use of, or inability to use, the Services is at your sole risk. Our Services are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions.
5.3. To request any Services, you must register that request in accordance with the directions provided on the Website or as otherwise required by us. You acknowledge that we do not guarantee the availability of all Services to all Members. Some Services may only be available to limited numbers of Members or may be subject to an additional fee as notified through the Website.
  1. SOFTWARE
6.1. We may from time to time allow you to download or otherwise provide you access to our own or third party software for use in relation to the purpose of the Community (“Software“).
6.2. Your access to any Software is subject to you first:
a. agreeing to, and complying with any applicable licence terms and conditions applicable to that Software;
b. paying any applicable licence fee; and
c. acquiring any hardware, operating system or software necessary for the operation of that Software.
6.3. You acknowledge and agree that the terms and conditions of any software licence under clause 6.2(a) will apply separately, and in addition to, these Terms of Use, not limited to but including that you are specifically prohibited from:
a. using the Software other than for your personal non-commercial use; and
b. providing the Software to any other party.
  1. MEMBER AGREEMENTS
7.1. We provide information services via the Website and a forum in which Members may be introduced to other Members or may become aware of a property for sale or lease by other Members.
7.2. In some circumstances a Member may enter an agreement for the sale and purchase or lease of a property, or a Deed of Nomination, with another Member (or their related entity) (“Member Agreement“). We do not represent and are not agents for any party in any Member Agreement.
7.3. If you enter into, or agree to enter into, a Member Agreement then, without limiting clause 7.6, you agree to perform your obligations under that Member Agreement in accordance with that Member Agreement.
7.4. If you advertise a property for sale on the Website or otherwise to any Member or Members through the Community:
a. you agree that we are not your agent;
b. the property must be located in New Zealand;
c. you must be the owner of the property or have the authority of the owner to advertise the property;
d. all information you provide about the property, including photos of the property, must be accurate, current, complete and include all relevant information about the property; and
e. you agree that we may disclose details of any sale of that property, including price, on the Website and in our other publications.
7.5. If you purchase a property advertised on the Website or through the Community you agree that:
a. we are not your agent; and
b. you are responsible for the purchase decision and any agreement for sale and purchase is conducted separately by you and the seller.
7.6. Any Member Agreement or other contact between you and another Member is conducted entirely at your own risk. You agree that we take no responsibility or liability for any misconduct of any of Members users including, without limitation, Members who provide inaccurate or misleading information.
  1. NO WARRANTY
8.1. We provide no warranty that information included in Our Content or in any third party content included, or referenced, on the Website or through the Community is true accurate or correct or can be relied on. You should undertake your own research and obtain appropriate professional advice before relying on Our Content or any such third party content.
8.2. Unless we expressly say so, we do not endorse or recommend any third party text, website or other content, methodology or service referenced on, or linked, to the Website or accessed by you through the Community.
8.3. To the extent allowed by law, we exclude all warranties in relation to any Services arranged or acquired through, or in association with the Website or the Community.
8.4  We are not an Authorised Financial Adviser and Our Content is not intended to be a personalised service for an individual member. Members are strongly encouraged to seek out appropriately qualified professionals when taking decisions about their property investing activities.
8.5. Without limiting clause 8.3, and 8.4 you agree that our Services are provided in trade and that the provisions of the Consumer Guarantees Act 1993 do not apply to the provision of those Services.
  1. OPERATION OF THE WEBSITE
9.1. We provide no guarantee that you will be able to access and use the Website or that the operation of the Website will be error free or fit for purpose.
9.2. You must not:
a. attempt to modify the Website or create links from the Website to any other URL;
b. interfere with the operation or security of the Website or any associated networks or systems;
c. use the Website for spamming, which includes, but is not limited to, the excessive and repeated posting off-topic messages or cross-posting in discussions as well as the bulk sending of unsolicited messages; or
d. use a robot, spider, scraper or other automated means to access the Website for any purpose or use software which assists in or promotes: emulators, phishing, hacking, password cracking or IP spoofing.
9.3. You agree that we may monitor your use of the Website and, where we consider that your use has breached any third party right or contravened any law, we may report your activities to the applicable third party or authority relevant in the circumstances.
9.4. We may, at our discretion, at any time, terminate, modify or restrict access to the Website or remove any content and accounts from the Website.
  1. INTELLECTUAL PROPERTY RIGHTS
10.1. You acknowledge that all intellectual property rights (including all copyright, trade mark rights and other intellectual property rights in any text, graphic, logo, icon, image, audio clip, digital download, data, software and other content or material) in or related to the Website, Our Content, the operation of the Community and the Services is owned by us or our licensors (“MyProperties IP“).
10.2. You must not use copy, adapt, store, distribute, display perform, publish or create derivative works of any MyProperties IP, other than to the extent required to use the Website and participate in the Community in accordance with these Terms of Use.
  1. RESTRAINT
11.1. You will not do any of the following, without the prior written consent of MyProperties:
a. directly or indirectly carry on a Related Business in Restraint Area, alone or in partnership or joint venture with anyone else during the Restraint Period;
b. directly or indirectly be concerned with or interested in a Related Business in the Restraint Area for the Restraint Period in any capacity including as trustee, principal, agent, shareholder or unit holder;
c. during the Restraint Period, solicit or persuade a customer or client of MyProperties, or a person who was a customer or client of the Company during any period in which you are or have been a member of MyProperties, to stop or reduce its business with MyProperties;
d. during the Restraint Period, accept from a customer or client referred to in paragraph (c) any business of the kind ordinarily forming part of the business of MyProperties;
e. use or disclose to a third party a trade secret, product information or confidential information of MyProperties which is not generally known or available in the marketplace or which would not be generally known or available in the marketplace but for a breach of this paragraph.
You acknowledge that each of the above covenants is reasonable and necessary to protect the goodwill of MyProperties.
11.2. Each of the restraint obligations imposed on you by clause 11.1, resulting from the combinations of Related Businesses, Restraint Periods and Restraint Areas, is a separate and independent obligation from the other restraint obligations imposed, but they are cumulative in effect.
If any part of an undertaking(s) in clause 11.1 is unenforceable, it may be read down or severed without affecting the enforceability of the rest of that undertaking or the other undertakings.
11.3. You acknowledge that:
a. monetary damages alone would not be adequate compensation to MyProperties for a breach of any of the undertakings in clause 11.1 by you; and
b. MyProperties may seek an injunction from a court of competent jurisdiction if:
(i)  you breach any of the undertakings in clause 11.1 or threaten to do so; or
(ii) MyProperties has reason to believe that you will breach any of the undertakings in clause 11.1.
11.4. Definitions
For the purposes of this clause 11:
a. Related Business means the provision of tools and services that help people involved in buying, renovating, holding, and flipping property, including via the internet or similar platform and/or consultation services.
b. Restraint Area means the North Island of New Zealand, or in the case of the electronic provision of services this includes the internet.
c. Restraint Period means while you are a member of MyProperties and for a period of eighteen months after your membership comes to an end.
  1. LIABILITY
12.1. Without limiting clause 12.2, in no event will we be liable (whether in contract, tort including negligence, or otherwise) to you for any loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature (including any loss of profit, loss of opportunity or loss or corruption of any data or information), arising directly or indirectly out of these Terms of Use or your use of the Website or Services, provided that, this clause will not exclude any form of liability where such liability cannot be so excluded at law.
12.2. Our total liability to you under any and all claims (whether in contract, tort including negligence, or otherwise) arising directly or indirectly from your use of the Website or its content, the Services or your participation in the Community, will not exceed the sum of NZ$100.00.
12.3. None of the exclusions or limitations set out in these Terms of Use will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable law.
12.4. You will indemnify us from and against any and all liability, losses, damages, costs and expenses awarded against, incurred or suffered by us arising out of your use of the Website or Services or your participation in the Community, or any breach of these Terms of Use by you.
  1. PRIVACY
13.1. Any personal information we collect about you or from you during your use of the Website or the Services will only be used, disclosed and stored for the following purposes:
a. to fully operate our Website, the Community and our business;
b. to provide our Services; and
c. to contact you about our products and services.
13.2. You agree that we may disclose the personal information you provide us, including your email address and phone number, to other Members to enable you and those other Members to connect and interact in the manner contemplated by the Website and the Services.
13.3. We will not disclose your personal information to third parties, except:
a. to the extent reasonably necessary to achieve any of the purposes of the Community; and
b. where we reasonably believe that such use or disclosure is required or expressly permitted under any applicable law.
13.4. If you elect to subscribe to our newsletters, you agree to receive, emails and other promotional information relating to us or third parties featured on our Website from time to time. If you want to stop receiving such information, you can elect to unsubscribe from the newsletter service using the unsubscribe facility link provided in such newsletters.
13.5. Where we hold personal information about you, you have a right to access and correct that personal information in accordance with the Privacy Act 2020. If you want to access or correct your personal information, please contact us and we will tell you how to make a request and any charges that may apply.
13.6. If you would like to contact us about any privacy matter, please email us at howdy@myproperties.co.nz.
  1. GENERAL
14.1. You are responsible for all costs associated with your Membership and your access to and use of the Website and the Services.
14.2. Without limiting our other rights and remedies, we may terminate the contract formed by these Terms of Use and your Membership at any time at our discretion or if you breach these Terms of Use and fail to remedy that breach within 5 days of being required to do so. Terms expressed or intended to survive termination, including clauses 8, 10, 11, 12 and 14, will survive termination.
14.3. You may not assign, sub-license or transfer this agreement, or any rights and obligations under it, to any other person.
14.4. We may vary these Terms of Use from time to time. Notification of any variation will be posted on the Website.
14.5. If any provision in these Terms of Use is held invalid, unenforceable or illegal for any reason, these Terms of Use will remain otherwise in full force apart from such provisions, which will be deemed deleted.
14.6. No failure or delay by us to exercise any right or remedy under these Terms of Use will be construed or operate as a waiver of such right or remedy. No single or partial exercise by us of any right or remedy will preclude the further exercise of such right or remedy.
14.7. New Zealand law governs the formation, validity, construction and performance of these Terms of Use. These Terms of Use are subject to the non-exclusive jurisdiction of the New Zealand courts.
0508 735 566
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© 2019 My Properties 2014 Limited | All Rights Reserved | NZBN 9429041395103
© 2019 My Properties 2014 Limited | All Rights Reserved

NZBN 9429041395103
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