Terms and Conditions

These terms and conditions are the contract between you and Rate My Tenancy NZ(“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

I / We are Rate My Tenancy NZ

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

It is now agreed as follows:

1.            Definitions

In this agreement, the following words shall have the following meanings, unless the context requires otherwise:

“Content”

means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

 Rate My Tenancy NZ Membership”

 

means any service we provide, whether through Our Website or otherwise. It includes the membership service we provide as set out on Our Website and in this contract.

"Post"

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

“Services”

means all of the services available from Our Website, whether free or charged.

“Our Website”

means any website or service designed for electronic access by mobile or fixed devices which is owned or operated.It includes all web pages controlled by us.

2.            Our contract

2.1.        These terms and conditions regulate the business relationship between you and us. By viewing and using Rate My Tenancy NZMembership or using Our Website free of charge, you agree to be bound by them.

2.2.        We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve.

2.3.        In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.

2.4.        Subject to these terms and conditions, we agree to provide to you some or all of the Services described.

2.5.        We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.

3.            Your account and personal information

3.1.        When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

3.2.        You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

3.3.        You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4.            Membership

4.1.        You may not transfer your Rate My Tenancy NZ Membership to any other person.

4.2.        We reserve the right to modify the Rate My Tenancy NZ Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Rate My Tenancy NZMembership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a member.

5.            Restrictions on what you may Post to Our Website

5.1.        We may, at our discretion, read, assess, review or moderate any Content Posted on Our Website. If we do, we need not notify you or give you a reason.

5.2.        You agree that you will not use or allow anyone else to use Our Website to Post a Content which is or may:

5.2.1        be malicious or defamatory;

5.2.2        consist in commercial audio, video or music files;

5.2.3        be obscene, offensive, threatening or violent;

5.2.4        be sexually explicit or pornographic;

5.2.5        be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

5.2.6        give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

5.2.7        solicit passwords or personal information from anyone;

5.2.8        be used to sell any goods or services or for any other commercial use;

5.2.9        include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

5.2.10     request personal information from other users nor Post any unnecessary personal information about you or any user without his permission.

5.2.11     link to any of the material specified above, in this paragraph.

5.2.12     Post excessive or repeated off-topic messages to any forum or group;

5.2.13     sending age-inappropriate communications or Content to anyone under the age of 18.

6.            Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

6.1.        hyperlinks, other than those specifically authorized by us;

6.2.        keywords or words repeated, which are irrelevant to the Content Posted.

6.3.        the name, logo or trademark of any organisation other than that of you or your client.

6.4.        inaccurate, false, or misleading information.

7.            How we handle your Content

7.1.        Our privacy policy is strong and precise.

7.2.        If you post a review of a landlord or property manager, and you request anonymity, we will provide that and publish your rating/review without naming you.

7.3.        If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control over who sees it or what anyone does with it.

7.4.        Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

7.5.        Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

7.6.        You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

7.7.        You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

7.8.        Please notify us of any security breach or unauthorised use of your account.

8.            Removal of offensive Content

8.1.        For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

8.2.        We are under no obligation to monitor or record the activity of any person for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

8.3.        If you are offended by any Content, the following procedure applies:

8.3.1        your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email;

8.3.2        we shall remove the offending Content as soon as we are reasonably able;

8.3.3        after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

8.3.4        we may re-instate the Content about which you have complained or not.

8.4.        In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

8.5.        You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

9.            Security of Our Website

9.1.        If you violate Our Website we shall take legal action against you.

9.2.        You now agree that you will not, and will not allow any other person to:

9.2.1        modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;

9.2.2        link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

9.2.3        download any part of Our Website, without our express written consent;

9.2.4        collect or use any product listings, descriptions, or prices;

9.2.5        collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

9.2.6        aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

9.2.7        for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;

9.2.8        share with a third party any login credentials to Our Website;

9.3.        Despite the above terms, we now grant a licence to you to:

9.3.1        create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

9.3.2        you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

10.       Disclaimers

10.1.     The law differs from one country to another. This paragraph applies so far as the applicable law allows.

10.2.     All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

10.3.     The Rate My Tenancy NZ Website and Rate My Tenancy NZ services are provided “as is”. We make no representation or warranty that the Services will be:

10.3.1     useful to you;

10.3.2     of satisfactory quality;

10.3.3     fit for a particular purpose;

10.3.4     available or accessible, without interruption, or without error;

10.4.     Neither use of the Services nor the exercise of any right granted under this agreement will infringe any other intellectual property or other rights of any other person.

10.5.     Our Website contains links to other Internet websites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

10.6.     We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.

10.7.     We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website or receive directly from a third party as a result of an introduction via Our Website.

11.       Duration and termination

11.1.     You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on the Our Website and submitting it. We reserve the right to check the validity of any request to terminate membership.

11.2.     Termination by either party shall have the following effects:

11.2.1     your right to use the Services immediately ceases;

11.2.2     we are under no obligation to forward any unread or unsent messages to you or any third party.

11.3.     In the event of such termination by us, we will within [seven days] refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed;

11.4.     There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.

11.5.     We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

12.       Storage of data

12.1.     We assume no responsibility for the deletion or failure to store or deliver email or other messages.

12.2.     We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.

12.3.     You accept that we cannot be liable to you for any such deletion or failure to deliver to you.

13.       Interruption to Services

13.1.     If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.

13.2.     You acknowledge that the Services may also be interrupted for many reasons beyond our control.

13.3.     You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

14.       Limitation of liability

14.1.     Neither party shall be liable to the other in any possible way, for any loss or expense which is:

14.1.1     indirect or consequential loss; or

14.1.2     economic loss or other loss of turnover, profits, business or goodwill.

14.2.     This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

14.3.     Nothing in this agreement excludes liability for death or personal injury or for a party's fraud.

15.       Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

15.1.     any act, neglect or default of yours in connection with this agreement or your use of the Services;

15.2.     your breach of this agreement;

15.3.     your failure to comply with any law;

15.4.     any act, neglect or default by any agent, employee, licensee or customer of yours;

15.5.     a contractual claim arising from your use of the Services.