Terms Of Service

Last Updated: 26/11/20

Your access to and/or use of the tools and services provided on or through this website (collectively, the Services) is subject to the terms of use (terms) set out below. If you do not agree to these terms, you must not access or use the Services. We may vary these terms from time to time by posting an updated version on this website, and you will be bound by these changes. It is your responsibility to check this website regularly for any updates or changes.

Access to the website and Services is made available to you by PocketList.co.nz trading as PocketList NZ Limited

PocketList provides a portal to facilitate contact between registered users who want purchase or sell residential property in New Zealand, and to procure related third party services. PocketList does not act as an agent and does not take any part in any transaction initiated or completed through this website.

Contacting an Advertiser (Seller / Vendor)
By using PocketList you agree not to contact any advertisers (Sellers / Vendors) listed on this site with an intention other than to purchase their advertised property. If you contact an advertiser with any other purpose, you are breaching the ‘Unsolicited Electronic Messages Act 2007’ which is managed by the Anti-Spam Compliance Unit of the Department of Internal Affairs. Failure to comply could mean a fine of up to $500,000. If you are an individual, business, real estate agency, real estate agent or acting on behalf of a real estate agency or agent you agree that you cannot solicit business with any advertiser on PocketList website by mail, text, instant message, phone, email or any other means without express permission from PocketList.

If you have a buyer for an advertiser, we ask that you direct the buyer to contact the seller via the PocketList website or direct them to the advertisers listing on PocketList.

Listing a Property
Property listings may only be initiated by the legal owner(s) of the 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, unconsented 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 your listing you do so at your own sole risk.

By submitting a request for a listing to us, you warrant that:

(i)You are a permanent resident of New Zealand and over the age of 18 years;

(ii)You are the registered owner(s) of the property and have the full power and authority to represent the property as being available for sale, and to proceed with any resultant sale of the property;

(iii)Where the property is occupied by a tenant or other third party, the tenant or other third party has been notified of your intent to list the property for sale;

(iv)The information (including any images) you provide in your listing is accurate and complete in all respects;

(v)All material information regarding the property has been included in the listing;

(vi)The publication of your listing of the property (including any images) on the website and/or any resultant sale of the property will not infringe any right, title or interest of any third party; and

(vii)The listing complies with all New Zealand laws, regulations and codes of practice.

(viii)By uploading content like images and a description of a listing, you agree to grant PocketList legal permission to use and redistribute that content.

This is mostly to allow us to share these details with our 3rd party advertising portals and partners as well as use the content for marketing of your property as well as other purposes. Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our products, you grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.

Requests for Viewings
Property viewings whether arranged through the website or otherwise are at your own sole risk. Where you are showing a property that is tenanted you are responsible for complying with any applicable notice or other legal requirements in relation to the tenancy.

Information for Purchasers
Purchasers must independently verify information provided in any listing and are encouraged to seek independent legal advice at an early stage in the process. Listing information published on the website is as provided by the listing party and we do not take any steps to independently verify the identity of the listing party or the information included in the listing. Where you have concerns regarding the integrity of any listing please report this to us via our contact page.

Expressions of Interest
Expressions of Interest are an invitation to treat only and will not be read or construed to constitute an offer to purchase or otherwise form a legally binding document. Expressions of Interest may only be submitted by permanent residents of New Zealand who are over the age of 18 years.

Deposits and Requests for Payment
All deposits and other requests for payment received through or from a user of the website must be directed to your solicitor in the first instance. Deposits should be held in the solicitor’s trust account pending settlement of the sale of the property. You should never pay a deposit or remit any other funds direct to a prospective seller or prospective purchaser. PocketList takes no responsibility for any loss of funds for any reason.

Third Party Services
Any third party Services offered or promoted through this website are subject to any further terms or conditions of those third Service providers. It is your responsibility to familiarise yourself with any applicable third party terms and conditions prior to procuring any third party Services through this website.

Templates
The templates available through our website are generic in nature and provided as a guide only. The templates provided through this website are proprietary to us (or our licensors). Templates are provided solely for your own personal use and must not be used for resale or commercial purposes. The templates are not intended to replace the need for legal advice and are not suitable for every situation. Your use of our templates is at your own risk. We recommend that you seek independent legal advice to ensure your proposed use of a template is suitable for your particular situation.

Restrictions
Except as expressly permitted by these terms you must not copy, download, display, reproduce, distribute, modify, edit, alter, translate, adapt or enhance any of the website or its content (including but not limited to any templates) in any manner or reverse engineer or decompile any code, script, or software available on or forming part of website, or permit any third party to do the same. You have no right, title or interest in or to the website or its content and you shall not “frame” or “mirror” the website, any information contained on, framed within or accessible from or through the website on any other server or Internet-based device without the prior written consent of PocketList.

Personal Information and Privacy
You acknowledge that you are responsible for all personal information, images, text, and other information or material that you make available through your use of the website (collectively, Data). Any Data you upload or otherwise make available through the website must comply with the terms of our Acceptable Use Policy. We will deal with personal information in accordance with our Privacy Policy.

Charges
Charges for our Services are expressed in New Zealand dollars and exclude any applicable taxes, duties or levies, which are also payable by you. All Services purchased through the Website are non refundable and except to the extent required by law, are not subject to return or credit for any reason.

User Logins and Passwords
Access to the website and its Services is restricted to registered users only. You are solely responsible for maintaining the confidentiality of your password and login details and must notify PocketList if the password is lost, stolen or may have been otherwise compromised. You must immediately notify us of any unauthorized use of your account or any other breach or attempted breach of security known to you in relation to the website or the Services. We reserve the right to suspend or terminate your password and access to the Services in our sole discretion at any time and for any reason.

Changes to Services
We may make modifications or changes to the website and/or the Services (which changes may or may not affect the functionality and/or your ability to use the website and/or the Services) without notice to you at any time and in our sole discretion. As your access to and use of the website and Services is internet based, it may be affected by limitations, delays, interception and other problems inherent to the use of the internet and electronic communications. We are not responsible for any delays, interception, delivery failures, or any other loss or damage flowing from such problems.

Disclaimer of Warranties and Limitation on Liability
This website and the Services are made available to you on an “as is” and “as available” basis, without any warranties or conditions of any kind. Your use of, and any reliance upon, the website, its content and the Services is at your own sole risk. You are solely responsible for ensuring the accuracy and completeness of any information you submit through the website and for verifying the reliability, timeliness, quality, suitability, accuracy or completeness of information obtained through your use of the website and the Services.

We do not warrant that your access to or use of the website or Services will be uninterrupted or error-free, or that the Services and/or the information obtained by you through the Services will be fit for any particular purpose or meet your requirements.

We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

To the fullest extent permitted by law, all representations and warranties, express or implied, statutory or otherwise, including, but not limited to any implied warranty of quality, merchantability or fitness for a particular purpose are hereby disclaimed.

We shall not be liable to you or any third party for any loss or damage of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, loss or corruption of data, lost profits or opportunity or revenue or failure to realise expected savings arising from or in connection with your use of the website or the Services even if we had previously been advised of the possibility of such damages. To the extent that we are found to be liable the maximum liability of PocketList NZ Limited will be limited in the aggregate to $300.00 New Zealand dollars.

Indemnity
You agree to release, indemnify, and keep indemnified us from and against any and all actions, claims, demands, lawsuits, costs, damages, liabilities, and expenses (including legal fees on a solicitor and client basis) incurred, claimed or alleged by us or by any third party and relating in any way to your failure to comply with these terms, your failure to complete any transaction, or arising out of any Data or other content you submit, post or make available through the website.

Termination
Where we believe, on reasonable grounds, that you are in breach of these terms of use (including but not limited to your failure to pay any Charges applicable to your use of the website and Services or become aware of inappropriate or unauthorized use of the Services, website or any of its content or functionality) we may terminate your access to and use of the Services without the requirement to provide prior notice.

General
These terms set out the entire agreement, arrangement and understanding between us with respect to its subject matter, and our failure to enforce any right shall not constitute a waiver of such right.

These terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the courts of New Zealand.

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