RealEstate Me Website Terms & Conditions
Welcome to the website of RealEstate Me, operated by RealEstateMe Limited (NZBN 9429051261436) (“we”, “us” or the “Proprietor”), which provides an online venue to allow members to pubish their own property. In providing the RealEstate Me platform, we don't participate in the actual sale of property or the transaction itself, nor do we act as an agent for either party.
This website is located on the web via the domain http://www.realestateme.co.nz and includes all of the files located in that domain http://www.realestateme.co.nz
Agreement to these Website Terms of Use
By accessing this website, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and the Proprietor and govern your use of this website. We retain the right to alter any of our content or Terms of access at any given time. If you have any objections to our terms of service, your sole choice is to terminate or discontinue your access to our service.
Privacy Policy
As part of these Website Terms of Use, your use of this website is also subject to our Privacy Policy (located at https://realestateme.co.nz/privacy.aspx) which is incorporated by reference into these Website Terms of Use.
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this website. By using this website, you represent and warrant to the Proprietor that you are over the age of 18 years. Should the Proprietor suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Eligibility & Authority to Publish your Property
By publishing your property on this website, you represent and warrant to the Proprietor that you are the legal owner of the relevant property or have otherwise been appointed or have the permission/consent by the legal owner to access this website and our services for and on behalf of the owner. By registering an account with us, you agreed and accept our terms and conditions here and you give us the authority to publish your property on the major real estate websites. Should the Proprietor suffer any damage or other losses as a result of a publication being made other than by the legal owner (or authorised representative of the legal owner) of the relevant property, we reserve the right to seek compensation for such losses from you.
Acknowledgement that this is a For Sale By Owner Platform
The Client, acknowledges and warrants that this platform is a For Sale by Owner property publication and is in no way whatsoever engaging the services of RealEstate Me or any of it’s employees, agents or contractors to represent you or your property. You must disclose all material information about the property to prospective purchasers. If you fail to disclose any material information, prospective purchasers may take legal action against you. Material information includes (but is not limited to) any history of issues with weather tightness, demarcation of boundaries, un-consented alterations or improvements to the property, proposed developments and their impacts, and risk of methamphetamine contamination. Where you choose not to include this information as part of publishing your property, you do so at your own sole risk.
Specific Property Publishing Rules
We provide general information to help you to publish on other online property websites such as trademe.co.nz, realestate.co.nz and other third party websites. It is your responsibility to accept and obey terms and conditions governing those other online property websites and your local authority rules all the time. Failure to do so will result in either a delay in your property publication to “go live” or the removal of your publication. You expressly acknowledge and agree that we will not provide any refund in such circumstances.
You must provide us your proof of property ownership documents such as council rate or water rate etc. for us to approve your property publication and make your publication go live.
You must provide the correct legal address for a property otherwise your property publication will be removed by us and no refund is available in such case.
You must not provide fake description/image in your property publication and you must not provide dishonest or misleading information in your property publication. Any breach of this obligation may see your property publication removed and we will not provide any refund in such circumstances.
You must be responsible for copy content writing for your property publication and you must ensure that it is all accurate. You must inform us if there is any error on your property publication if you believe there is a small error that we have made.
You must not publish with us if your property is already under contract.
Your property publication will be active once we confirm that you have complied with our publishing rules.
Your property publication will be removed when your property is sold or leased (as applicable).
If you remove the property publication by yourself, there will be no refund or compensation payable from us to you.
You must update the status of your property publication as and when applicable to accurately reflect the status of your publishment (such as “under contract”). For a property under offer/under contract for more than 60 days, we have the sole direction to automatically withdraw the publication if the property is under offer for more than 60 days.
You must respond to property enquiries in a timely manner, in the case if there is an active publication and if there are prospective tenants/buyers who could not reach you for sometime, we reserve the right to temporally pause the publication for you until we hear back from your response; a re/activation or publishing fee will apply
Although your "sold" property publication, "withdraw" property publication can be used for future re-publishing, we reserve our right to remove your 'sold' or 'withdraw' publishment from our portal at anytime after it has been withdrawn/sold more than 6 months without any notice, so it is your responsibilities to keep a copy of your property images, descriptions in your own drive for any future use
Any breaking of these publishing rules may result your property pending or being removed by us and no refund is payable in such circumstances.
Restrictions on Use
Prohibited conduct
Your use of this website is subject to the rules set out in Schedule 1 below.
Violations of these Website Terms of Use
Without limiting any other remedies available to the Proprietor at law or in equity, the Proprietor reserves the right to, without notice:
Temporarily or indefinitely suspend, or terminate, your access to this website or refuse to provide services to you if:
You breach any provision of these Website Terms of Use;
The Proprietor is unable to verify or authenticate any information that you provide to us; or
The Proprietor believes that your actions may cause damage and/or legal liability to the Proprietor, any of its customers or suppliers or any other person; and
Remove or block access to any information and/or materials (in whole or in part) that the Proprietor, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.
Indemnity
You indemnify and hold harmless the Proprietor and its employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
any material or information that you submit, post, transmit or otherwise make available through this website;
your use of, or connection to, this website; or
your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
Registration and account security
Requirement for registration
The Proprietor reserves the right to make any parts of this website accessible only to users who have registered.
Username and password
Upon registration with this website, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this website. The Proprietor will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Proprietor will be entitled to assume that any person using this website with your username and password is you or your authorised representative.
You must notify the Proprietor immediately of any known or suspected unauthorised use of any password or any other breach of security.
User information
In order to register an account with this website, you must agree to these Website Terms of Use and provide the Proprietor with:
any other information that may be required by the Proprietor during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Proprietor that all information provided to the Proprietor by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this website. Accounts registered by “bots” or other automated methods are not permitted.
Approval of registrations
The Proprietor reserves the right to accept or reject any application for registration of an account with this website at its discretion.
Messaging policy
You agree to our Terms of Use and Privacy Policy. You consent to Opt in to receive phone calls and SMS messages from us to provide updates on your order/service/enquiry of your property needs and for marketing purposes. Message frequency depends on your activity. You may opt-out by texting "STOP". Message and data rates may apply.
24/7 Automated Call answering solution system/Auto Responder system
You give consent to use 24/7 Automated Call answering solution system/Auto Responder system. You give consent that your contact details will be sent as a way of point of contact for your property advertisement enquires. This is because realestate.co.nz, trademe.co.nz and any other third party portals are not allowed to directly display your contact details in an publishment.
You need to advise us in writing if you want to update your contact details so we can update your contact details in our 24/7 call answering solution system/Auto Responder system.
Orders
Order constitutes offer
By placing an order through this website, you make an irrevocable offer to us to purchase the services that you have selected pursuant to these Website Terms of Use. Information contained in this website constitutes an invitation to treat only. No information in this website constitutes an offer by us to supply any services to you – however, the Proprietor will endeavour to supply your selected products to you.
We will not commence processing any order made through this website unless and until:
payment for the order has been received by us in full; and
the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
at any time:
refuse to provide services to you;
terminate your access to this website; and/or
remove or edit any content on this website.
Acceptance of orders
Acceptance of each order will take place if and when the Proprietor either:
provides the services to you, at the time at which the Proprietor commences providing the services; or
notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Proprietor.
Physical goods provided as part of our services
You expressly acknowledge and agree that we only supply and send products (such as sale signage etc) within New Zealand and postage fee will apply
We take no responsibility for loss or damage once dispatched your products (for sale or for lease board etc.)
We endeavour to ensure that our product and services list is current however we give no undertaking as to the availability of any product published on our website.
We rely on the provision of products from third-party suppliers. You expressly acknowledge and agree that we will not be responsible nor liable for any problems that may arise with respect to the products provided by those third-party suppliers – all such products are provided to you on an “as-is” basis.
Timing of Uploading of your Property Publication
Please note your property publication will be live within 24 hours after payment if you meet all the publishing requirements. We rely on third party portals to make your publishment go live and therefore, while we will endeavour to have your publishment go live as soon as possible, we cannot control such timing. You acknowledge and agree that we are not responsible nor liable for any problems that may arise in the third-party website.
Third-party websites (portals)
The Proprietor is reliant on third-party websites to which the Proprietor subscribes and pays fees to access. Such third-party websites may alter without notice. The Proprietor reserves the right to add or delete any third-party portal from its list of exported destinations without advance notice to you or other users of our website. The use of any website within the Proprietor’s export is at the sole discretion of the Proprietor. The Proprietor does not and cannot provide any guarantee regarding the continuity of these relationships. You hereby release the Proprietor from any liability that you may suffer should the Proprietor be unable to provide access to any of its third-party websites at any stage. There won't be refund or compensation in such case.
Prices
All prices are for standard publishments on third party websites such as realestate.co.nz, trademe.co.nz and other online property portals until sold/leased subject to our fair use policy. Once the property publishment is live, our fee has been earned. There won't be a refund in the case once the property publishment has been made live. If you withdraw your property publishment and want re-publish the same property then there will be a same re-publishingf fee as per our price package. If you need an upgrade to a premier, highlight/feature publication for your property on trademe.co.nz or realestate.co.nz please contact us so we can check the price manually for you as price is different from suburb to surburb for upgrading the property publication to premier/feature/highlight from a standard fee per trademe.co.nz or realestate.co.nz.
The Proprietor reserves the right to change the prices for services displayed in this website at any time before you place an order. The price is for publishing one property only, not multiple properties. You need to pay for publishing another property with us each time.
Fair use Policy
Property publishing on the RealEstate Me platform are governed by our fair use policy. We will notify you if your publishment has been active for an unusually extended period, and we will request confirmation of the publishment status.
It usually take average 90 days to sell your property and average 30 days to rent your property.
Typically, if a property publication has been active on RealEstate Me for more than 3 months, it will undergo a review. However, reviews may also be conducted at other times. During the review process, the following situations may trigger further assessment:
There has been no account activity for a significant period, exceeding 3 months.
Reports indicate a lack of customer response or complaints regarding the customer's behaviour.
A property publication appears to have been rented or sold without removing the publication, resulting in an excessive number of property enquiries or applications over an extended period
Should any of these circumstances arise without a written reasonable explanation within 48 hours after we send you the review notice, the customer may be considered in violation of RealEstate Me’s s terms of service. Consequently, publication may be removed without any refund or compensation, and RealEstate Me reserves the right to apply additional charges at our discretion
Product and Service Descriptions
We make every effort to provide accurate descriptions of our products on our website. However, we cannot guarantee the absolute accuracy of the descriptions. In the event that we become aware of any misdescription, we retain the right to rectify any errors or omissions.
Payment methods
Payment for orders placed through this website may be made by credit card processed online using the secure Stripe/Paypal payment gateway or using a PayPal account.
Refunds
We are able to provide a refund (including change of mind) until the property publication is live. Once the property publication is live, we are unable to provide any refund. We are unable to provide a refund on any other product which has been shipped, supplied or booked and which incurrs a cost to RealEstate Me.
Security
While PayPal/ Stripe and our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Proprietor.
The Proprietor may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Proprietor considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
Intellectual property
Copyright
In these Website Terms of Use, the term “Proprietary Content” means:
this website;
all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this website, and the selection and arrangement thereof); and
all software, systems and other information owned or used by the Proprietor in connection with the services offered through this website (whether hosted on the same server as this website or otherwise).
All Proprietary Content is the property of the Proprietor or its licensors (as applicable) and is protected by New Zealand and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Proprietor or other copyright owner (as applicable).
You may download and print out content from this website only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Trademarks
The look and feel of this website (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Proprietor. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Proprietor.
User Content
In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this website by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This website contains some features that enable you and other users to upload User Content. The Proprietor reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
represent and warranty to the Proprietor that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
grant to the Proprietor a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Proprietor’s absolute discretion.
Copyright claims
If you believe that our website contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this website to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPRIETOR AND ITS EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS WEBSITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This website is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this website or any of its content, and in particular do not represent, warrant or guarantee that:
content that you may upload, including property publication content, will be error free;
the use of this website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data (in no circumstance do we guarantee that our internet service will be free from break down nor will be at all responsible or liable for any such break downs);
this website will meet your requirements or expectations;
any third-party suppliers (including conveyancers with whom the Proprietor has a commercial referral relationship) will provide their services to you in any particular manner or such as to meet your requirements or expectations;
anything on this website, or on any third-party website referred or linked to in this website, is reliable, accurate, complete or up-to-date;
the quality of any services, information or other material purchased or obtained through this website will meet any particular requirements or expectations;
errors or defects will be corrected; or
this website or the servers that make it available are free of viruses or other harmful components.
Exclusion of liability
To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this website by you or any other person.
Release
You agree that your use of this website is at your own discretion and risk. You agree to release the Proprietor and its employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this website by you or any other person. The Proprietor may plead this release as a bar and complete defence to any claims or proceedings.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Proprietor excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Proprietor, and the Proprietor shall be entitled to a reasonable extension of time for the performance of such obligations.
General
Interpretation
In these Website Terms of Use, the following rules of interpretation apply:
headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
these Website Terms of Use may not be construed adversely against the Proprietor solely because the Proprietor prepared them;
the singular includes the plural and vice-versa;
a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Notifications
The Proprietor may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.
Costs
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Proprietor’s prior written consent. Your registration with this website is personal to you and may not be sold or otherwise transferred to any other person.
The Proprietor may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
No waiver
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Proprietor to act with respect to a breach by you or others does not waive the Proprietor’s right to act with respect to that breach or any subsequent or similar breaches.
Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.
Variation
The Proprietor reserves the right to amend these Website Terms of Use and any other policy on this website at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this website will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this website or the services offered through this website.
You may only vary or amend these Website Terms of Use by written agreement with the Proprietor.
Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of New Zealand. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand and the courts of appeal from them.
Schedule 1 – Prohibited conduct
YOU MUST NOT:
use any device, routine or software that interferes, or attempt to interfere, with the proper working of this website;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this website to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this website to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this website;
use this website by any automated means;
use this website to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this website for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any publications appearing on or in connection with this website; reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this website;
reproduce, duplicate, copy or store any of the material appearing on this website other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this website;
do anything that leads, or may lead, to a decrease in the value of the Proprietor’s intellectual property rights in this website;
use or exploit any of the material appearing on this website for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this website;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Proprietor without the Proprietor’s prior written consent; or
use this website to transmit any information or material that is, or may reasonably be considered to be:
abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
in breach of any person’s privacy or publicity rights;
a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
containing any political campaigning material, advertisements or solicitations; or
likely to bring the Proprietor or any of its staff into disrepute.