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Terms and Conditions

Hudson Global Limited NZBN: 9429046394682
Terms and Conditions, Valid 02 August 2021

Background

HGL trades as “New Zealand Property” NewZealandProperty.co.nz AND as “Home” Home.co.nz providing online advertising platforms for the New Zealand Public and New Zealand Real Estate Professionals, both REA Licensed Salespeople and REA Licensed Agencies to advertise property for sale, property for lease, property wanted, real estate professionals profiles and personal websites, also offering branded merchandise and associated services related to New Zealand Property and your Home.

The advertising for property advertising is by subscription with an affordable monthly fee paid by credit card in advance and then the payment is automatically repeated on the monthly date. These subscriptions can be from 1 to 1000 property advertisements. Subscription ad type can be increased, decreased or cancelled from your dashboard after login.

As an Introductory Price we have offered discounted subscription prices, with ad price increases structured for 15 December 2021 and 31 March 2022.

Each advertisement includes property address, legal description and can include photo’s, video, 3D virtual floor plans, detailed description etc. We offer both live and hidden listing status which offers the vendors and opportunity for the Real Estate Professional to market discretely to existing database and at times sell without going public with other advertising.

Included with your subscription based advertising is a complimentary profile page for Real Estate Professionals which is a showcase of your current active listings within NewZealandProperty.co.nz , your photo, contact details and personal biography text. These profiles can be searched and found from the homepage of NewZealandProperty.co.nz offering an excellent means of personal brand marketing.

In addition to your personal profile page for the Real Estate Professional who purchase subscription advertising packages we offer a personal website, priced from $750.00 + GST, an example of this is www.StephenHudson.com . With these websites we showcase your brand and provide live API feeds from NewZealandProperty.co.nz to display both your current active listings and your SOLD listings. Websites can be ordered from this link Merchandise – New Zealand Property

The record of your SOLD listings is retained within your personal website and should you as a sales professional change from one agency to another over time this personal website provides a lifetime of sales performance history as a showcase of your sales performance and sales credibility. The monthly website hosting fees are affordable currently charged at $15.00 per month + GST.

There are additional boosted advertising options using Facebook, Instagram and Google Display Network at extra charges as required to showcase a property or Home listing and your personal websites.

HGL also provides a range of genuine branded items to Real Estate Professionals at affordable prices to use as gifts to present to vendors and buyers as after sales presents and for general promotions. These can be purchased from the link Merchandise – New Zealand Property

Prices for the genuine branded merchandise displayed in NZD, goods are delivered to your business address by NZ Courier, goods purchased are delivered within two business days, not returnable or refundable.

Terms and Conditions

1. Definitions

1.1 Information means and includes but is not limited to text, photographs, video, 3D virtual floorplans, PDF documents, music, sound recordings and any other information or data displayed or presented by you for publication on the websites of NewZealandProperty.co.nz and/or Home.co.nz.

1.2 HGL means the New Zealand incorporated Company – Hudson Global Limited: Company Number: 6481902, NZBN: 9429046394682 trading as New Zealand Property and uses the websites NewZealandProperty.co.nz and Home.co.nz . The domain names are owned by HGL.

1.3 Home means and refers to HGL trading as “Home” Home.co.nz.

1.4 NZP means and refers to HGL trading as “New Zealand Property” NewZealandProperty.co.nz

1.5 REINZ means the Real Estate Institute of New Zealand.

1.6 Service means the NZP and Home real estate agency publication service operated by HGL.

1.7 Subscription means a monthly repeating payment charged to your credit card payable to HGL for the subscription advertising membership services of NZP and Home.

1.8 Terms means these terms and conditions.

1.9 NZP website means NewZealandProperty.co.nz

1.10 Home website means Home.co.nz

1.11 You and your means a subscription member of HGL/NZP/Home who uses the publication service.

2. General

2.1 These Terms govern your use of the Service.

2.2 HGL may at its discretion change these Terms by publishing new Terms on the NZP website and you by continuing to use the Service acknowledge that you have read and accepted the Terms.

3. Property advertisements

3.1 A membership subscription is primarily for REA Licensed Salespeople and REA Licensed Agencies to market, advertise and sell property or advertise property wanted or for lease.
However advertising is also accepted from individuals over the age of 18 years who are property owners, property managers or developers who would like to advertise their property for private sale, or property for lease/rent using the subscription based system charged on a monthly basis, payable one month in advance.

3.2 In consideration of your use of the service you agree to provide true, accurate, current and complete information about yourself and your property to HGL/NZP/Home to maintain and update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HGL/NZP/Home has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HGL/NZP/Home has the right to suspend or terminate the Service and refuse any and all current or future use of the Service (or any portion thereof).

3.3 With maintaining a monthly a monthly subscription the real estate professional can create and use a personal profile page which enables the public to search by Real Estate Professional from the homepage. In consideration for the use of this service you agree to provide true, current and complete information about yourself and agency whom you contract to and maintain this information. If you provide any information that is untrue, inaccurate, not current or incomplete, or HGL/NZP/Home has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HGL/NZP/Home has the right to suspend or terminate the Service and refuse any and all current or future use of the Service (or any portion thereof).

3.4 Your subscription membership will automatically renew and automatically repeat debit your credit card on your monthly renewal due date. If you wish to increase, reduce or end your subscription HGL/NZP/Home membership you can cancel your subscription online, login to your account, change or end your subscription plan within invoices.

3.5 You can change or cancel your membership at any time before your monthly renewal date and this takes effect on the next monthly renewal date as you are charged one month in advance. The subscription enables you to upload and display the quantity of property advertisements of the subscription type selected for the month period of the paid membership. On the end date of the subscription the subscription renews automatically and you can continue to display the quantity of property advertisements of your subscription for the next month period, if not renewed the property advertisements automatically become inactive and removed from the website view, your account deleted after 12 months of non subscription.

3.6 One off charges apply for the purchasing of items from the HGL/NZP/Home merchandise shop within the websites such as genuine branded gifts and promotional items, printing of brochures or creation of personal websites and to enhance a property listing with the homepage featured or boosted advertising, Facebook, Instagram and Google Display Network options charged on a daily rate.

3.7 You agree that your name, address, age, email address, postcode, gender and mobile/telephone number will be collected and stored by HGL/NZP/Home and used for the purpose of managing your membership, subscription, communicating with you about your subscription and to notify you of any associated customer offers or benefits or future subscriptions, unless otherwise notified by you. At any time, you agree to HGL/NZP/Home being able to contact you via any form necessary about current promotions. This includes via email, phone call, SMS, social media and/or Push Notifications. If you do not wish to continue to be contacted simply delete your account or contact us by email [email protected] and you will be removed from receiving any further communications. 

4. Online membership subscriptions advertising services

4.1 Any person over the age of 18 can register for a login and advertise. The website is however built and developed to suit the needs of REA licensed real estate professionals members of REINZ to advertise property for sale, for lease or rent. When the property is SOLD the property is removed from the website display.
REA Licensed Salespeople can register and create a login and subscription based advertising to market, sell, rent or lease a property on behalf of the agency to whom they contract and with this obtain the personal profile within the website.
The REA Licensed Salespeople can purchase a personal website for a one off charge and pay a monthly website hosting fee, and with this personal website display their current and SOLD property listings. HGL/NZP/Home provide an application programming interface (API) to enable the live link of current and sold listings of this salesperson displayed within NewZealandProperty.co.nz to automatically be displayed on the personal website. This provides a record of the SOLD sales history and should the salesperson change agency then the record of the sold history is retained as a record of personal achievement to give credibility for future employment opportunities. A monthly hosting fee is charged on subscription. Should the subscription be ended the personal website becomes inactive immediately and is deleted after 12 months.
REA Licensed Agencies can register and create a login and with subscription based advertising add in all of the REA Licensed Salespeople contracting to the agency, this enables the agency to manage the listings and establish a personal profile for each salesperson.
The agency can manage their property listings from the master login and allocate one or more salespersons to each listing.
If subscription is ended the listings become inactive and the personal profiles become inactive after 3 months and after 12 months of non subscription all is deleted.
The agency can purchase a company website and from HGL/NZP/Home and use their own domain name, the website is created for a one off fee and utalises the live API feed to enable the personal website to automatically update the current live and SOLD listings, a monthly hosting fee is then chargeable.
The agency can enable the Hubspot CRM integration and enable the leads system from NZP to Hubspot. The HGL/NZP/Home to provide the portal to upload and update the property listings onto other websites using API feeds as they come available and setup subject to additional charges.

4.2 Subscription based property advertisement packages provide for 1, 5, 10, 20, 50, 100, 200, 500, 800 and 1000 property advertisements. Pricing is affordable.

4.3 Your login details cannot be shared with others and only you may manage listings on HGL/NZP/Home websites.

4.4 Each property advertisement must include the address of the property, legal description, name of the salesperson and agency including REA licensing wording if appropriate. Property description, photos, video, 3D virtual floorplan and other property information is optional. HGL/NZP/Home reserves the right to reject photos and videos or other information based on aesthetic or technical grounds.

4.5 NZP provides a field to add in an approximate price of the property, this is optional to complete and will not be published. The price is used for filtering purposes on the website. NZP reserves the right to reject property advertisements, which in its view, do not meet REINZ standards and code of practice.

5. Your account, password and security

5.1 You will use a password and account designation upon contracting the Service. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.

5.2 You agree to immediately notify HGL/NZP/Home of any unauthorised use of your password or account. HGL/NZP/Home will not be liable for any loss or damage arising from your failure to comply with this requirement.

6. Your conduct

6.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.

6.2 This means that you, and not HGL/NZP/Home, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service.

6.3 HGL/NZP/Home does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

6.4 You agree not to use the Service to:

[a] upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;

[b] impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

[c] forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

[d] upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

[e] upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

[f] upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

[g] upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

[h] disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

[i] interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

[j] for any unlawful purpose nor intentionally or unintentionally violate any applicable national or international law.

6.5 You acknowledge that HGL/NZP/Home does not pre-screen Content, but has the right (but not the obligation) in its sole discretion to refuse or move any Content that is available via the Service.

6.6 Without limiting the foregoing, HGL/NZP/Home shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

6.7 You agree that you will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

6.8 You acknowledge and agree that HGL/NZP/Home may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

[a] comply with legal process;

[b] enforce the Terms;

[c] respond to claims that any Content violates the rights of third- parties;

[d] protect the rights, property, or personal safety of NZP, its users and the public.

6.9 You understand that the technical processing and transmission of the Service, including your Content, may involve:

[a] transmissions over various networks;

[b] changes to conform and adapt to technical requirements of connecting networks or devices;

[c] transfer and storage of your Content in New Zealand, or elsewhere.

7. Copyright

7.1 When using the service you may provide HGL/NZP/Home with information about yourself or other matters. You grant HGL/NZP/Home exclusive rights in all of this information, and all information derived or generated from it, in all existing or future media. These rights include but are not limited to the right to display your information anywhere on HGL/NZP/Home’s website and media properties, to search the information, and, to repackage and resell it to anyone for any reason.

7.2 All content of the website is copyright HGL/NZP/Home and cannot be reproduced, in any form, without permission.

8. Disclaimer of Warranties

8.1 You expressly understand and agree that your use of the website is at your sole risk.

8.2 HGL/NZP/Home makes no warranty that the Service will meet your requirements;

8.3 HGL/NZP/Home does not provide refunds on cancelled subscriptions.

9. Liability

9.1 HGL/NZP/Home will not be liable to you if it is prevented from providing the Service by any act of God, act of Government, riot, insurrection, civil disobedience, strike, sanctions, boycott, embargo, or any other circumstances beyond the reasonable control of NZP (“Unforeseen Event”).

9.2 If an Unforeseen Event occurs HGL/NZP/Home will endeavor to advise you of the existence of the event and the effect of it upon the provision of the Service.

9.3 You expressly understand and agree that HGL/NZP/Home shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if HGL, NZP or Home has been advised of the possibility of such damages), resulting from;

[a] the use or the inability to use the Service;

[b] unauthorised access to or alteration of your transmissions or data;

[c] the failure of any network operator or other person(s) whose services HGL/NZP/Home use to provide the service;

[d] the failure of Software;

[e] any other matter relating to the Service.

9.4 You agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of the Service or these Terms.

9.5 You agree that HGL/NZP or Home’s liability for any breach of a condition or warranty in respect of the Service shall be limited to the replacement of the advertisement of the property or the supply of equivalent advertisement.

10. Disputes

10.1 Any dispute arising out of or relating to this contract may be referred to mediation, a non-binding dispute resolution process in which an independent mediator facilitates negotiation between the parties.

10.2 Mediation may be initiated by either party writing to the other party and 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 –

[a] The signing of a settlement agreement by the parties; or

[b] 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

[c] Notice by one or more of the parties to the mediator to the effect that further efforts at mediation are no longer justified; or

[d] The expiry of sixty (60) working days from the mediator’s appointment, unless the parties expressly consent to an extension of this period.

10.3 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 contract, 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.

11. Governing law and jurisdiction

11.1 These Terms are governed by and are construed in accordance with the laws of New Zealand. You HGL, NZP and Home irrevocably and unconditionally submit to the non exclusive jurisdiction of the courts of New Zealand.

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