Go to top!

Terms and conditions

Welcome Note

Welcome to our online site. We, [herein after referred to as ‘House Price.co.nz’] provides you with an online platform which enables you to connect with the local real estate professionals for finding the market value of your property. House Price.co.nz and its licensed Agents provide their services to you subject to the following conditions upon which House Price.co.nz (“We” or “Us”) will provide services to you on www.houseprice.co.nz (“the Website”). These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (Collectively “Using”) the Website and the services thereof, you express your understanding and acceptance of these Terms. As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates.

Copyright laws of New Zealand and international copyright treaties, as well as other intellectual property laws and treaties protect the Content Offering. The Content Offering is licensed, not sold.

This document might be updated time to time and the current version will be posted on www.houseprice.co.nz accordingly.

Grant of License

You agree that the Service contains Content specifically provided by House Price.co.nz or its licensed Agents and that such Content is protected by copyrights, trademarks (whether registered or un-registered), service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

House Price.co.nz grants the user of the Site and/or Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use.

Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from House Price.co.nz, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Restrictions

Your use of our website has to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of local law is strictly prohibited.

Again, these Terms of Use are personal to you, and are not assignable, transferable or sub licensable by you except with House Price.co.nz’s prior written consent.

House Price.co.nz may assign, transfer or delegate any of its rights and obligations hereunder without consent.

No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.

In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and court fees.

Privacy

Please review our Privacy Policy Page, which also governs our website, to understand our practices.

Scope of Service and Limitations

  1. We provide you with an online platform which enables you to connect with the local real estate professionals for finding the market value of your property. We also assist the user with expert reports along with other interactive features including e-appraisals depending on your request. The User agrees that all right, title, and interest in the service, including subsidiary rights and the right to maintain copyright in the name of House Price.co.nz is, or shall be by assignment through these terms of use.
  2. We undertake that the Services will be performed substantially with reasonable skill and care. However, the undertaking shall not apply to the extent of any non-conformance regarding the accuracy of your appraisal you receive. You understand and agree that houseprice.co.nz is not responsible for any inaccurate or out of date information. The appraisal is provided to you by a licensed salesperson under REAA 2008, and must follow specific guidelines. House Price.co.nz is not trading as an agent or salesperson – so it falls to the salesperson or agent that conducted the appraisal. House Price.co.nz will not be held responsible for any discrepancy between the appraised value, and eventual selling price. These appraisals are not carried out by registered valuers.
  3. We do not warrant that your use of the Services and/or any contents as available on House Price.co.nz. shall be uninterrupted or error-free; nor that any of the services, content and/or the information obtained by the user through our site will meet your requirement; and
  4. In no event(s) shall House Price.co.nz be held responsible for any action you carry out due to the information received from House Price.co.nz or the licensed salespeople providing the information. House Price.co.nz disclaims any and all liabilities that may incur with your use of such information.
  5. House Price.co.nz warrants that it has and will maintain all necessary licenses, consents, and permissions necessary for the performance of its obligations under this agreement.


Electronic Communications

When you visit House Price.co.nz or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyrights

All content included on this site, such as any documentation, information, e-appraisal, texts, graphics, logos, button icons, images, videos, digital downloads, data compilations, and software, is the property of House Price.co.nz or its content suppliers and are protected by international copyright laws and within the provisions of Copyright Act of 1994 [with reference to subsequent amendments]. Again, we respect intellectual property rights. If you believe that any Content(s) on this website infringes your copyright please follow our procedures for making a Copyright infringement claim.

If you have a legal complaint regarding any copyright violation, please email us info@houseprice.co.nz for making such legal complaints. You should attach the following along with your claim:

  1. Valid Identification and/or proof of such content(s) or material being infringed.
  2. Valid URL with sufficient details of such content(s) so that House Price.co.nz is capable of finding it and verifying its existence.
  3. Contact information of the original author, including name, address, telephone number and email address.
  4. Written statement that you have good faith belief that the content(s) claimed is not authorized by the original author, its agent or law.
  5. A statement confirming that you are authorized to make the complaint on behalf of the original author (where applicable).
  6. A physical or electronic signature of a person authorized to act on behalf of the original author of the content(s) that has been allegedly infringed.


Fair Usage policy

The Services provided by House Price.co.nz have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request. Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:



  • Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
  • Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
  • Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between House Price.co.nz and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
  • Violate any person's or entities legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
  • Transmit files that contain viruses, spyware, adware, or other harmful code;
  • Interfere with others using the Services or otherwise disrupt the Services;
  • Transmit, collect, or access personally identifiable information about other users without the consent of other users;
  • Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
  • Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
  • Sharing wrong information about you while registering with us.


  • Risk of Loss

    The User shall be solely and only responsible for any risk, general or special attributable, due to the usage of our online site. House Price.co.nz excludes any such liabilities that may arise in connection with your use of this website and you hereby accept any kind of material losses or detriment due to the outcome of use of this website.

    Services provided “as is”

    House Price.co.nz do not warrant: (1) that the services, any of the services’ functions or any content contained therein will be uninterrupted or error-free; (2) that defects will be corrected; (3) that the services or the servers hosting them are free of viruses or other harmful code; or (4) that the services or information available through the services will continue to be available. House Price.co.nz disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title. The services, including, without limitation, all content, software, and functions made available on or accessed through or sent from the services, are provided “as is,” “as available,” and “with all faults.”

    Revisions and Errata

    While we take as many steps as possible to ensure that the information on houseprice.co.nz is as accurate as possible, and the information contained in e-mails – we reserve the right to fix or remove errors. We will take all reasonable steps to make sure new data is correct. If an error is found, please let us know so we may correct it.

    Indemnity

    The user hereby indemnify House Price.co.nz and undertake to keep House Price.co.nz indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by House Price.co.nz to a third party in settlement of a claim or dispute) incurred or suffered by House Price.co.nz arising out of any breach by the user of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

    General Disclaimer

    House price.co.nz makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, e-appraisals, as provided on this site. The user expressly agrees that your use of this site is at your sole risk. To the full extent permissible by applicable law, house price.co.nz disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability for a particular purpose. House price.co.nz does not warrant that this site, its servers, or e-mail sent from house price.co.nz are free of viruses or other harmful components. House price.co.nz will is not liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

    Applicable Law

    This Agreement shall be governed by the laws of the laws of New Zealand, and their governing bodies where House Price.co.nz is located in (the "Territory") and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory. The courts of such competent jurisdiction shall have exclusivity in respect of any actions or claims under these terms of use and you hereby consent and submit to the personal jurisdiction of such courts; provided that nothing herein shall prevent the application and enforcement of mandatory and applicable law.

    Disputes Resolution

    Any dispute arising out of your use of our services may be referred to mediation, a non-binding dispute resolution process in which an independent mediator facilitates negotiation between the parties.

    Mediation may be initiated by either party writing to the other party or identifying the dispute which is being suggested for mediation. The other party will either agree to proceed with mediation or agree to attend a preliminary meeting with the mediator to discuss whether mediation would be helpful in the circumstances. The parties will agree on a suitable person to act as mediator or will ask the Arbitrators' and Mediators' Institute of New Zealand Inc. to appoint a mediator.

    The mediation will be in accordance with the Mediation Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc."

    The mediation shall be terminated by the following:

    1. The signing of a settlement agreement by the parties; or
    2. Notice to the parties by the mediator, after consultation with the parties, to the effect that further efforts at mediation are no longer justified; or
    3. Notice by one or more of the parties to the mediator to the effect that further efforts at mediation are no longer justified; or
    4. The expiry of sixty (60) working days from the mediator's appointment, unless the parties expressly consent to an extension of this period.


    If no mediation is agreed to or if the mediation should be terminated as provided in (b), (c) or (d), any dispute or difference arising out of or in connection with this Terms of use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in New Zealand in accordance with New Zealand law and the current Arbitration Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc.

    The arbitration shall be by one arbitrator to be agreed upon by the parties and if they should fail to agree within twenty-one (21) days, then to be appointed by the President of the Arbitrators' and Mediators' Institute of New Zealand Inc.

    Termination

    Without prejudice to any remedy that House Price.co.nz may have against you, House Price.co.nz may terminate or suspend with immediate effect and without notice your access to and use of this Website if it:



  • Reasonably believes that the user have breached any of these Terms and Conditions;
  • Is unable to verify the accuracy or validity of any information provided by the user; or
  • Suspects fraudulent, abusive or illegal activity by the user.


  • Should the user object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.

    These terms of use are effective shall be effective on from date you first use or order any of our services using this website site and shall continue in effect until terminated by either you or us.

    Site Policies, Modification and Severability

    These terms and the other policies posted on this website constitute the entire agreement between House Price.co.nz and you. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

    2019 House Price NZ. All Rights Reserved.