PROPERTYDEAL LIMITED

WEB SITE TERMS AND CONDITIONS

These terms and conditions ("Terms") govern your use of this web site and are designed to assist keeping PropertyDeal a safe place to buy and sell real estate.

If you do not accept these Terms, you may not use this site.

Before you are able to enter this site for the first time you must notify your agreement to and acceptance of these Terms by clicking the box at the bottom.  That agreement and acceptance shall remain effective for every subsequent occasion you access the Site.

These terms and conditions were last updated 4 August 2008.

1          The Site and its Use

1.1      The services: PropertyDeal provides a venue for buyers and sellers of real estate to engage in the negotiation of price and conditions. PropertyDeal does not take any part in the sale of property other than by providing our Website as a venue for members to negotiate. If an offer is accepted by a seller or buyer, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members.

1.2     PropertyDeal's service is provided to members who intend to use the service legitimately and genuinely including but not limited to signing a hardcopy of the agreement once agreed using the services. Members who don't intend to fulfill, or fulfill the obligations of making an offer, including but not limited to signing a hardcopy of the agreement, must refrain from using the services. A member who submits an offer which is accepted by the vendor, agent or any other person(s) acting on the vendors behalf, and fails to uphold their obligations of making the offer, including but not limited to signing a hardcopy of the agreement, is deemed to have used to services contrary to the purpose for which PropertyDeal is provided. PropertyDeal's business model and reputation is dependent on the services being used appropriately. Members who miss-use the service, including but not limited to failing to signing a hardcopy of an agreement once agreed using the services, are deemed to have damaged the reputation of the business and its intended purpose.
 

1.3     This web site (“Site”) is owned and provided by PropertyDeal Limited (“PDL”). The Site and all content, including Site layout, design, images, programmes, text, software, photos, video, graphics and audio methodologies and all other information, technologies and processes (“Content”) is the property of PDL, except where any content is expressly or impliedly identified as belonging to another party or parties.

1.4     You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, access or attempt to access any part of PDL’s technology, sell or license any part of the Content except as expressly provided by the terms of any written and duly executed subscriber agreement agreed between you and PDL.

1.5     You shall use the Site only for the purposes described in the home page.

1.6     You shall not post or transmit through the Site:

(a)      any information or material which violates or infringes, in any way, the rights of PDL or others, or which is unlawful, threatening; abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, harassing, or otherwise objectionable;

(b)     any information or material which encourages conduct that would constitute a criminal offence, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms;

(c)      any advertising or promotional material.

1.7     PDL reserves the right to change, modify, add or remove parts of these Terms at its sole discretion at any time without notice. Your continued use of the Site will mean that you have accepted such changes.

1.8     These Terms constitute the entire agreement between PDL and you with respect to your use of the Site to the intent that any terms and conditions of yours are void and of no effect.

1.9     PDL’s charges for your use of the Site shall be paid by you in accordance with PDL’s credit and collection terms from time to time. Any failure by you to pay such charges when due shall entitle PDL to deny you access to the Site. The charges are published on the Site. PDL may change the charges at any time without notice.

1.10     You acknowledge that:

(a)      PDL is not by these Terms or otherwise offering advice on the terms of any sale and purchase agreement or whether you should enter into a sale and purchase agreement at all;

(b)     by these Terms PDL advises you to take legal advice before submitting an offer; if you fail to do so, that action is contrary to PDL’s advice.

1.11    If you breach any of these Terms then your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Content.

1.12    You accepting Terms and Conditions you are also accepting the PropertyDeal Privacy Policy.  The Privacy Policy should be read and understood before accepting.  To view the privacy policy click here.

2          Intellectual Property

2.1     All Content on the Site, including amendments, changes, additions or updates made by PDL after the date you accept these Terms, or other content derived in whole or in part from the Content, is the sole and absoluter property of PDL (except as noted in paragraph 1.1) and is protected by international copyright, trademark and other laws.

2.2     PDL owns the copyright in the overall selection, coordination, arrangement and enhancement of the Content, and owns the rights in, or the license to use, the individual components of the Content. You will not acquire any license, ownership or other rights to the Content or any part of it by such possession or otherwise.  

2.3     Modification of the Content or use of the Content or any part of it for any purpose other than the purpose described in clause 1.3 is a violation of PDL’s proprietary rights. The use of any part Content on any other web site or networked computer or environment is prohibited.

3          Links

3.1       You acknowledge that the Site is or may be linked to other sites from time to time.

3.2     PDL under no circumstances is or will be liable for the availability, content, security or performance of any other site and you acknowledge that you have and will have no claim against PDL for any reason whatsoever by reason of PDL’s link to any such site.

5.        Disclaimer

5.1     The Site and Contents and related communications are provided "as is" without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for particular purpose to the fullest extent permitted by law.  

5.2     As a member of PropertyDeal, you agree that your personal details including your name, address and contact details will be released and made available to the seller when you make an offer using the site. 

5.2     PDL does not warrant the accuracy or completeness of the Content, including but not limited to the reliability of any advice, statement or other information displayed or distributed through the Site. You acknowledge by the use of the Site that any reliance on any such Content, advice, statement or information shall be at your sole risk. Without limitation you acknowledge that PDL has advised you to take your lawyer’s advice as the use of the Content, and if you have declined to do so, that is entirely at your own risk

5.3     PDL assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site.

5.4     PDL will endeavour to keep the Site live at all times. However, PDL will not be liable for any cost or loss to you caused by downtime to the Site for maintenance or caused by acts of God, equipment or software failure or change or for any other reasons, including without limitation PDL’s inability to any linked site. 

5.5     PDL does not accept any liability for:

(a)     inaccuracy of information recorded with a sale and purchase agreement, and you confirm that such information is accurate before sign the agreement; or

(b)     your execution of a sale and purchase agreement, whether signed with or without legal advice.

6          Limitation of Liability and Indemnity

6.1     Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Content contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

6.2         Under no circumstances will PDL, its directors or officers or other third parties mentioned at, or involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, special or punitive loss or damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the site or any linked site, or any materials contained on any linked site (including but not limited to those caused by or resulting from a failure of performance, error, omission, linking to other web sites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not PDL was advised of the possibility of such damages.

6.3     PDL shall have no liability or responsibility for any acts, omissions, or conduct of any user or other third party.

6.4     In the event that notwithstanding the provisions of clauses 5 and 6 PDL is held liable to you for any reason, your remedy shall not be an unlimited remedy in damages, punitive or otherwise, but shall be limited to the amount you have paid to PDL for your use of the Site on the occasion or occasions when such liability arose. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.

6.5     You agree to indemnify, defend and hold harmless PDL, its directors, officers, shareholders, affiliates, subsidiaries, agents and licensors from and against any and all liability, losses, damages and costs including, without limitation, reasonable lawyers’ fees, arising from your use of the Site or Content.

7          Governing Law

7.1     These Terms shall be governed by and construed in accordance with, the laws of the New Zealand, without giving effect to any principles of conflicts of law.

7.2     You agree to submit to the sole jurisdiction of the Courts of New Zealand located in New Zealand for any actions that may arise under or in relation to the subject matter of these Terms.

8          Severability

If any provision of these Terms and any agreement resulting from them shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

9         Waiver

No delay, grant of time, release, compromise, forbearance (whether partial or otherwise), or other indulgence by PDL in respect of any breach of your obligations under these Terms is to:

(a)          operate as a waiver of, or prevent the subsequent enforcement of, that obligation; or

(b)          be deemed a delay, grant of time, release, compromise, forbearance (whether partial or otherwise), or other indulgence in respect of, or a waiver of, any subsequent or other breach.