Terms and Conditions for AnyProperty
Effective Date: 20th November 2024
These Terms and Conditions ("Terms") govern your use of [Your Real Estate Application Name] ("the Service") provided by [Your Real Estate Company Name] ("the Company"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
1. Account Registration
1.1 To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
1.2 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account.
2. User Information
2.1 The Service may collect standard user information, including but not limited to, name, phone number, and email address. By using the Service, you consent to the collection, use, and disclosure of such information in accordance with our Privacy Policy.
2.2 You agree to provide accurate and truthful information and to update such information to keep it accurate and current.
3. Access and Payments
3.1 The Service may offer access to public property information, and some features may require one-off payments or subscription-based fees.
3.2 By accessing premium features or subscribing to the Service, you agree to pay the applicable fees as set forth on the Service. Payments are processed through secure third-party payment processors.
3.3 Subscription fees are non-refundable, and your subscription will automatically renew unless you cancel it before the end of the current billing period. One-off payments grant you access to specific features for a defined period.
4. User Conduct
4.1 You agree not to use the Service for any unlawful or prohibited purpose, especially when accessing public property information.
4.2 You may not use the Service to violate any applicable real estate laws, rules, or regulations.
4.3 You are solely responsible for your interactions with other users of the Service, and the Company reserves the right to terminate your account if it determines that you have violated these Terms.
5. Termination
5.1 The Company reserves the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice.
5.2 Upon termination, your right to use the Service will immediately cease, and any fees paid by you are non-refundable.
6. Changes to Terms
6.1 The Company reserves the right to modify or update these Terms at any time without prior notice. Your continued use of the Service after such modifications will constitute your acknowledgment of the modified Terms.
7. Governing Law
7.1 These Terms are governed by and construed in accordance with the real estate laws of New Zealand. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the real estate courts located in New Zealand.
By using the Service, you agree to these Terms and our Privacy Policy. If you have any questions or concerns, please contact us at luke@anyproperty.co.nz
In New Zealand, real estate transactions are primarily governed by the Land Transfer Act 1952 and the Property Law Act 2007. Here are some key aspects of real estate law in New Zealand:
- Land Transfer System: New Zealand operates under a land transfer system, where titles are registered with Land Information New Zealand (LINZ). This system provides a secure and transparent way of recording property ownership.
- Sale and Purchase Agreements: The sale and purchase of real estate in New Zealand typically involve a legally binding agreement between the buyer and the seller. This agreement outlines the terms and conditions of the sale, including the purchase price, deposit, and settlement date.
- Property Titles: The Land Transfer Act governs the registration and transfer of property titles. It ensures that accurate and up-to-date information about property ownership is maintained.
- Property Law Act: The Property Law Act addresses various aspects of property transactions, including issues related to leases, easements, and mortgages. It sets out the rights and responsibilities of parties involved in real estate transactions.
- Real Estate Agents: Real estate agents in New Zealand are regulated by the Real Estate Agents Act 2008. This legislation establishes licensing requirements and standards of professional conduct for real estate agents.
- Disclosure Requirements: Sellers are generally required to provide certain information about the property to the buyer, such as any known defects or issues. This helps ensure transparency in real estate transactions.
Terms & Conditions
In these terms and conditions, “we” “us” and “our” refers to AnyProperty Limited.
Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of New Zealand, 18 years and older only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Privacy
Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide.
Our Website Services
Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. All prices are in New Zealand Dollars (NZD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered. Product Descriptions We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product Orders
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Site Access
When you visit our website, we give you a limited licence to access and use our information for personal use. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Except as permitted under the CopyrightAct 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. Linking to our website is not permitted without permission. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them or if mentioned in an article, the owner or licensee is acknowledged. Your access to our website does not license you to use those marks in any commercial way without our prior written permission. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimers
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other entities. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material. Statutory Guarantees and Warranties to Consumers.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Force Majeure
If a Force Majeure event causing delay continues for more than Sixty (60) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
AnyProperty
Version 2.3 6th October 2020