Terms and Conditions

Effective Date: 25 September 2022

1. Application

1.1. You acknowledge that by downloading, accessing and/or using the Website, you agree to be bound by these terms of use (Terms) and our Privacy Policy. Privacy Policy – Rentals NZ

1.2. These Terms may be altered or reviewed by RentalsNZ at any time, without prior notice. We will notify you of any updated Terms via the email address registered with your Account. You should check and read the current Terms carefully each time you use the Website. If you disagree with any of these Terms, you must immediately discontinue your access to, and your use of the Services offered, via the Website. Continued use of the Website or the Services will constitute acceptance of these Terms, as amended from time to time. If you do not understand any of these Terms, please contact us at fentonv@hotmail.co.nz before using the Website.

2. Definitions

2.1. In these Terms, the following capitalised terms have the following meanings:
(a) Account means an account created by you via the Website as part of Registration;
(b) Advertisement means any information including data, text, video, still images, audio or other material uploaded, published, posted or shared by you on the Website to advertise any of the following
(i) property for sale;
(ii) property for rent;
(iii) flat mates wanted; or
(iv) property related trades and services.
(c) Privacy Policy means the RentalsNZ privacy policy (available at Privacy Policy – Rentals NZ) or any replacement policy available from time to time;
(d) Register means to create an Account on the Website and Registration has a corresponding meaning;
(e) RentalsNZ means Rentalsforthenorthshore Limited (8059156) and we, us, or our has a corresponding meaning;
(f) Services means the operation by RentalsNZ of the Website through which Users can place Advertisements, and Service has a corresponding meaning;
(g) Users means users of the Website, including you and User has a corresponding meaning; and
(h) Website means the RentalsNZ website (www.rentalsnz.co) and any other website, mobile application, mobile site and social media pages operated by RentalsNZ from time to time.

3. Availability of Services

3.1. The Website and the Services are intended solely for use by Users who access the Website in New Zealand. We make no representation that the Services are available or otherwise suitable for use outside of New Zealand. Notwithstanding the above, if you access the Website or use the Services from locations outside New Zealand, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

3.2. The provision of the Services and the Website does not include the provision of any device or other necessary equipment to access the Website or the Services. To use the Website or Services, you will require internet connectivity. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when using the Website. As a result, you may be charged by the mobile network provider for access to network connection services while accessing the Website. You accept responsibility for any such charges that arise. If you are not the bill payer for the device being used to access the Website, you will be assumed to have received permission from the bill payer for using the Website.

3.3. A User must be 18 years of age or older to create an Account with RentalsNZ and to use our Services.

4. Registration

4.1. You must Register to place Advertisements and to access and use other Services via the Website. You do not have to Register in order to browse listings on the Website. In order to Register you will be required to provide us with personal information including, without limitation, your name, a valid email address, mobile phone number and a delivery address. This information will be stored securely and used in accordance with our Privacy Policy. Privacy Policy – Rentals NZ

4.2. You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any change to such information by updating the information in your Account.

4.3. By registering an Account with us, you agree to receive email and/or text message communications from us about offers and other advertising and promotional materials we believe may interest you. You can modify or opt out of receiving these communications at any time by customising your notifications or clicking the unsubscribe link in the communication.

4.4. We are not liable for any unauthorised use of your Account. You agree not to use or permit anyone else to use the Services or your Account:
(a) for a purpose other than which we have designed or intended the Website or the Services to be used;
(b) to attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
(c) to extract data from or hack into the Website;
(d) to reverse engineer or attempt to reverse engineer the Services or the Website;
(e) to perform or attempt to perform any actions that would interfere with the normal operation of the Services of the Website or affect use of the Services or the Website by our other users;
(f) to impose an unreasonable or disproportionately large load on the Service; or
(g) for any fraudulent or unlawful purpose.

4.5. We reserve the right to suspend or terminate your access to your Account and/or the Website where we consider that you are using the Services and/or your Account in breach of these Terms.

5. Advertisements and use of Services

5.1. The Website provides a platform for Advertisements only, we do not verify the truth, accuracy, authenticity, appropriateness, suitability or validity of the content or representations made in connection with any Advertisement or of the person placing an Advertisement. We make no endorsement, recommendation or warranties in respect of any Advertisement. The person placing an Advertisement is solely responsible for any content or representations made in connection with the Advertisement.

5.2. By listing an Advertisement, you acknowledge that the Advertisement is subject to these Terms. Any Advertisement not consistent with these Terms may be disallowed or removed from the Website at our discretion.

5.3. Advertisements submitted to be listed on the Website must not, and you warrant do not:
(a) breach any laws or regulations;
(b) infringe the intellectual property rights of any third party;
(c) contain any content that is:
(i) misleading or deceptive;
(ii) inappropriate having regard to the purpose of the Website;
(iii) materially incorrect;
(iv) obscene or likely to cause offence; or
(v) defamatory.

5.4. By submitting an Advertisement that relates to property, whether for sale or rent, you warrant that you are legally entitled to the premises or to advertise the premises for lease.

5.5. Any prices you state in your Advertisements must be in New Zealand dollars and clearly indicate whether GST is included.

5.6. We reserve the right to decline to list or to remove an Advertisement where the content does not, in our sole discretion, meet the criteria set out in this clause 5.

5.7. Advertisements shall remain listed on the Website for the time period selected, unless removed, suspended or deleted by us or the advertiser.

5.8. The fees for listing an Advertisement are shown on the Website on our fees page and when you go to list an Advertisement. You will be able to review the fees before you list an Advertisement. All fees are in New Zealand dollars unless expressly stated otherwise and include GST.

5.9. At the time of listing an Advertisement, you will be required to immediately pay the fees for such Advertisement in accordance with clause 6. Your Advertisement will not be listed on the Website until payment is received.

5.10. You confirm that you have ownership of or permission to use all of the content contained in any Advertisement you list on the Website and you grant us a worldwide, nonexclusive, royalty free, perpetual, transferable and irrevocable licence to use, reproduce, display, modify, distribute and create derivative works from your content on any platform to promote, improve and provide our Services. You confirm you have the right to grant this licence to us.

6. Method of payment

6.1. You must make payment for your Advertisement by either credit card, debit card, or direct bank transfer to the account specified on the fees page.

6.2. The processing of payments by credit card or debit card will be processed by our third party payment provider.

7. Fee changes

7.1. Fees for Advertisements are subject to change from time to time. The fee payable for the Advertisement shall be displayed at the time you submit your Advertisement.

8. Links to and from other websites

8.1. Any links to other websites are provided for convenience only. RentalsNZ has no control over and makes no representations about, and does not accept responsibility for the content, availability, accuracy or use of any other website. Be aware that other websites are not covered by this Privacy Policy and the third parties responsible for them may not follow the same privacy practices as RentalsNZ. If you use any link to access a third party website you do so entirely at your own risk and should check the terms and conditions applicable to those websites before using them.

9. Intellectual property rights

9.1. Except where otherwise provided in these Terms, RentalsNZ or its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Website, the Services, all other services and deliverables we provide to you, and the skills, know-how and methodologies used or acquired by us during the course of providing any Services (including any improvements or knowledge developed by us while performing the Services (the RentalsNZ IP). RentalsNZ reserves all rights in the RentalsNZ IP not expressly granted to you in this Agreement.

9.2. You are granted a nonexclusive and nontransferable licence to electronically access and use the RentalsNZ IP only in the manner described in this Agreement. RentalsNZ does not sell to you, and you do not have the right to sublicence, the RentalsNZ IP. We may make updates to the RentalsNZ IP or new Services available to you automatically as electronically published by us, but we may require action on your part before you may use the RentalsNZ IP or new Services (including your acceptance of new or additional terms). RentalsNZ may revoke or terminate this licence at any time if you use any RentalsNZ IP in a manner prohibited by this Agreement.

9.3. You may not do or attempt to:
(a) claim or register ownership of RentalsNZ IP on your behalf or on behalf of others;
(b) sublicence any rights in RentalsNZ IP granted by us; or
(c) use RentalsNZ IP in a manner that violates this Agreement or any law.

10. Suspension or termination of access

10.1. We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Redemptions at any time.

10.2. Without limiting clause 10.1, if you use (or anyone other than you, with your permission uses) the Website, any Services in contravention of these Terms, we may terminate your Account or suspend your use of the Services and/or the Website.

10.3. Our rights under this clause 10 will not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

11. Limitation of liability

11.1. The Website, the Services, the information on the Website and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.

11.2. To the fullest extent permitted by law, we exclude all responsibility and liability whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits) in relation to:
(a) the Website and its content (including in relation to any inaccuracies or omissions,
warranties of merchantability, quality, fitness for a particular purpose, accuracy or
availability);
(b) any third party content (including without limitation any errors or misstatements); or
(c) any Advertisement displayed on the Website or any property or services subject of any
Advertisement.

11.3. We do not warrant that the Website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. Notwithstanding that we will try to allow uninterrupted access to the Services and the Website, access to the Services and the Website may be suspended, restricted or terminated at any time.

11.4. To the extent permitted by law, we will not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Website or the Services or your access to, use of or inability to use the Website or the Services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

11.5. To the extent permitted by law, we will not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Website and these Terms. For the purposes of these Terms, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

11.6. You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of:
(a) your use of the Website or the Services;
(b) any other party’s use of the Website or the Services using your Account; and/or
(c) your breach of any of these Terms,
(a) and to pay us damages, costs and interest in connection with such claim, action, suit or
proceeding.

11.7. We provide the Website as a platform for Advertisements only, we do not have any part in and are not party to any transaction or the provision of any services in connection with any representations made in connection with any Advertisement listed on the Website.

11.8. We do not verify the accuracy of content of Advertisements and as such take no responsibility for any representations, inaccuracies or misleading information in connection with any Advertisement. Responsibility for the content of and any representations made in connection with an Advertisements rests solely with the advertiser. We make no representations, recommendations or endorsements in respect of any Advertisement and provide no guarantees or warranties that any representations made in connection to an Advertisement will meet your requirements or expectations.

12. General

12.1. We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Website from time to time. Your access to the Website and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.

12.2. Nothing in these Terms will be deemed to create a partnership, joint venture, employment relationship or agency between the parties. No party has any authority to bind another party, unless expressly permitted to in these Terms.

12.3. Any unlawful or voidable provision in these Terms will be severed from these Terms without affecting the validity, legality or enforceability of the remaining provisions.

12.4. No failure or delay by us in insisting on the strict performance of these Terms or to exercise any right under these Terms will operate as a waiver of those matters. A waiver will not be effective unless it is in writing and a waiver of a particular breach will not be a waiver of any other breach.

12.5. You may not assign this Agreement, any rights or licences granted in this Agreement, or operation of your User Account to others without our prior written consent. If you wish to make such an assignment, please contact us. If we consent to the assignment, the assignee agrees to assume all of your rights and obligations owed by you related to the assignment, and must agree to comply with the terms of this Agreement. We may assign this Agreement without your consent or any other restriction. If we make an assignment, we will provide reasonable notice to you.

12.6. These Terms are governed by New Zealand law and the New Zealand Courts have non- exclusive jurisdiction over any matter in connection with the Website, the Services or these Terms.

12.7. If you have any questions or concerns in relation to the Website, the Services or these Terms, please contact us at fentonv@hotmail.co.nz.