Terms of use


General

By using this website or any of our social media channels, you agree to the terms and conditions set out in this document as amended from time to time ("Conditions"), and you accept our Privacy Policy.

Should there be anything that you do not understand, please email any enquiry by using our contact form.

Definitions

When we refer to "We/our/us/Property Brokers" means Property Brokers Limited of 240 Broadway Avenue Palmerston North, Manawatu. 'Website' means the website located at www.propertybrokers.co.nz (or any subsequent URL which could replace this) as well as all associated websites and microsites of Property Brokers, and "You/your" means you as a user of the Property Brokers website.

Social media channels mean any social media accounts operated by Property Brokers, including our Facebook page/s, Instagram page/s, Twitter feed, Linkedin Profile, Pinterest Profile and Youtube channel.

Data protection

Any personal information you supply to Property Brokers when using the website/social media channels will be used by Property Brokers as per our Privacy Policy.

Website, social media and YouTube use

You shall not use the website and social media channels for any illegal purposes. These should be used in compliance with all applicable regulations and laws. Social media channels may not be used to make any comments or post any material which is abusive, offensive or seen as bullying or constitutes a personal attack on any person or is seen to be promotional in nature.

Property Brokers use YouTube API services for video content. If you include these in your listing, you, in turn, agree to YouTube's terms of service, Google privacy policy as well as Google security settings.

You may not use any contact information on our website or social media channels to send an unsolicited electronic message for a commercial purpose. The publication provides no consent to unsolicited commercial electronic messages. No deemed consent is provided to receive unsolicited commercial electronic messages by the publication of contact information on our website and social media channels.

You agree not to use the website and social media channels in a way that may cause the website and social media channels to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the website and social media channels is in any way impaired.

You agree not to attempt any unauthorised access to any part or component of the website and social media channels. You agree that in the event that you have any right, claim, or action against any users arising out of that user's use of the website, and social media channels, then you will pursue such right, claim, or action independently of and without recourse to us.

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE AND SOCIAL MEDIA CHANNELS, OR THE USE BY ANY OTHER PERSON USING YOUR PC OR INTERNET ACCESS ACCOUNT TO ACCESS THE WEBSITE AND SOCIAL MEDIA CHANNELS.

Website and social media channels

We reserve the right to modify or withdraw, temporarily or permanently, the website and any social media channel (or any part of it) with or without notice to you. You confirm that we won't be liable to you or any third-party provider for any modification/s or withdrawal of the website and social media channels.

We can alter these terms and conditions as and when we deem appropriate, as well as your access and use of the website and social media channels (or any part of them). Your access and use shall be deemed as acceptance of such change. It is your responsibility to regularly check and determine whether our conditions have changed, including your use or access to our website and social media channels. If you don't agree to any changes to our conditions, it is your responsibility to stop using the website and social media channels.

The website and social media channels are subject to constant change. You are not entitled to any compensation due to not being able to use any parts of the website and social media channels or due to a failure, suspension or withdrawal of all or part of the website and social media channels.

The availability of external sites and resources doesn't fall into our realm of responsibility. We are not liable for or endorse, indirectly or directly, the content (both defamatory or misrepresentative) of third party websites, including (without limitation) any/all advertising, materials or other products or services on or available from such websites/resources, nor for any damage, offence or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Activity

We have the right, but not the obligation, to monitor any user activity and content associated with or posted on or to the website or social media channels. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include but is not limited to issuing warnings, suspending, terminating, blocking or attaching conditions to your access and moderating or removing any content or materials from the website or social media channels).

Use of material and content

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website, social media channels and application shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.

You acknowledge and agree that the material and content contained within the website and social media channels are made available for your personal, non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website and social media channels is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

The website and the content posted to our social media channels are Copyright of Property Brokers Limited. All rights are reserved.

WHETHER EXPRESS OR IMPLIED, WE MAKE NO WARRANTIES IN RELATION TO INFORMATION PLACED ON THE WEBSITE AND SOCIAL MEDIA CHANNELS. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE AND SOCIAL MEDIA CHANNELS OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE, WHETHER BY US OR ON OUR BEHALF INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE AND SOCIAL MEDIA CHANNELS OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE AND SOCIAL MEDIA CHANNELS, WHETHER ON OUR BEHALF OR BY US, WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND SOCIAL MEDIA CHANNELS OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE AND SOCIAL MEDIA CHANNELS WHETHER ON OUR BEHALF OR BY US ARE VIRUS-FREE, FULLY FUNCTIONAL, ACCURATE OR RELIABLE. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY LOSS OF MATERIAL OR CONTENT DUE TO UPLOADING OR DOWNLOADING FROM THE WEBSITE AND SOCIAL MEDIA CHANNELS.

WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE AND SOCIAL MEDIA CHANNELS OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE AND SOCIAL MEDIA CHANNELS WHETHER ON OUR BEHALF OR BY US FOR ANY LOSSES (ECONOMIC, INCLUDING (WITHOUT LIMITATION) LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS OR ANY/ALL LOSSES OR DATA CORRUPTION, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED).

We will not be liable in contract, tort, or otherwise if you incur loss or damage connecting to the website and social media channels via a hypertext link from a third party.

Nothing in the Conditions, notwithstanding any other term, shall limit your rights as a consumer under New Zealand law where or to the extent that such rights cannot be waived by contract.

The Conditions do not limit or exclude our liability for death or personal harm caused by our negligence or that of our servants, agents, or employees.

If any part of the Conditions is found to be unlawful, void, or unenforceable for any reason, that provision is deemed severable from the rest of the Conditions and has no bearing on the legality or enforceability of the remaining sections.

Nothing above shall be considered as a waiver of any prior or subsequent breach of any obligation by us.

This set of terms The agreements referred to below (as updated from time to time) constitute the whole agreement between you and us relating to the subject matter covered and supersede all prior written or oral agreements, arrangements, undertakings, or proposals between you and us in connection to such topics. No oral explanation or information offered by one of us will change how these Conditions are interpreted. You confirm that by accepting these Conditions, you have not relied on any representation except to the extent that such representation has been expressly made a representation in these Conditions, and you agree that you will have no remedy in respect of any misrepresentation that has not become a term of these Conditions except that your agreement contained in this Clause. Apply to any fraudulent misrepresentation, whether or whether such deception has become a part of these Terms.

WE TAKE PRECAUTIONS WITH CUSTOMER INFORMATION AND PERSONAL DATA. WE DO NOT, HOWEVER, ACCEPT RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM ANY SECURITY BREACHES THAT MAY OCCUR, EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE.

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