Terms & Conditions – Private Sale

Terms & Conditions

1. The Hub Limited (“we”, “us” or “our”) is providing you with access to the “Private Sale” website located at www.privatesale.co.nz (“Website”) for the purpose of advertising properties for sale, viewing properties to buy and for obtaining information about property and property sales.
2. We provide advertising and information services via the Website, but we are not real estate agents. We do not represent property buyers or property sellers and any transaction to buy or sell property that is advertised on the Website is not conducted via the Website or by us.
3. Any visitor to, or user of, the Website (“you” or “your”) agrees to be bound by these Terms and Conditions. By accessing and/or using this Website or any services provided by or via this Website (“Services”), you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must immediately cease use of this Website and all Services.
4. We may offer Services from time to time via the Website including newsletters or notifications of new properties being advertised. To enable you to subscribe for such Services, you must first opt in to the subscribe service on the Website and, if requested, provide a username and password. You agree to keep your user name and password strictly confidential.
5. Third parties may offer Services via the Website from time to time. Those Services are provided by those third parties and not by us and, to the extent permitted by law, we have no responsibility or liability for those Services.
6. If you advertise a property for sale on the Website:
(a) you agree that we are not your agent;
(b) the property must be located in New Zealand;
(c) you must be the owner of the property or have the authority of the owner to advertise the property on the Website;
(d) all information you provide about the property, including photos of the property, must be accurate, current, complete and include all relevant information about the property; and
(e) you agree that we may disclose details of any sale of that property, including price, on the Website and in our other publications.
7. If you purchase a property advertised on the Website you agree that:
(a) we are not your agent; and
(b) you are responsible for the purchase decision and any agreement for sale and purchase is conducted separately by you and the seller.
8. The fees for our Services are either set out on the Website or will be provided separately to you on request. You agree to pay all fees in accordance with the payment terms we publish on the Website or otherwise provide to you. All fees are non-refundable unless otherwise specified in our payment terms.
9. You:
(a) acknowledge that all intellectual property rights (“IP”) in the Website, its content and all parts of them are exclusively owned by us or our licensors;
(b) must ensure that all information, documents, photos and other materials you provide to us or share with other users (“Your Materials”):
(i) are not illegal or offensive; and
(ii) do not infringe the IP, privacy or other rights of any person; and
(c) warrant that that you have all necessary rights and title to provide Your Materials to us for use and publication.
10. You must not:
(a) copy or reproduce the Website, its content or any parts of them by any means, or in any form, without our prior written consent; or
(b) reverse engineer, reverse assemble, translate or decompile the whole or any part of the Website, its content or the software underlying them or allow a third party to do so, except where expressly permitted under applicable law.
11. We may remove any of Your Materials from, and/or terminate your access to, the Website if we consider you are in breach of these Terms and Conditions.
12. Property transactions and all other contact between you and other Website users are conducted entirely at your own risk. You agree that we take no responsibility or liability for any misconduct of any of the Website’s users including, without limitation, users who provide inaccurate or misleading information.
13. You acknowledge that the Website, its content and the Services are provided to you on an “as-is” basis, and we give no warranty or representation of any kind in relation to the Website, its content or the Services, either express or implied, including but not limited to, any warranties or representations relating to:
(a) accuracy, including accuracy of any property pricing information we display;
(b) availability, including uptime of the Website;
(c) quality; or
(d) fitness for any particular purpose or ability to achieve a particular result.
14. In no event will we be liable (whether in contract, tort including negligence, or otherwise) to you or any other person for:
(a) any inaccurate information including, but not limited to, information about properties advertised for sale;
(b) loss of opportunity, loss of goodwill, loss of time, loss or corruption of data, loss of revenue or profit, loss of anticipated savings, wasted time or poor examination results; or
(c) loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature,
arising directly or indirectly out of your use of the Website or its content or the Services, even if we had been advised of the possibility of such damages, and even if such loss, damage, cost or expense was reasonably foreseeable by us.
15. Our total liability to you under any and all claims (whether in contract, tort including negligence, or otherwise) arising directly or indirectly from your use of the Website or its content or the Services, will not exceed the sum of NZ$100.00.
16. None of the exclusions or limitations set out in these Terms and Conditions will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable law.
17. You will indemnify us from and against any and all liability, losses, damages, costs and expenses awarded against, incurred or suffered by us arising out of your use of the Website or its content or the Services, or any breach of these Terms and Conditions by you.
18. Any personal information we collect about you or from you during your use of the Website or the Services will only be used, disclosed and stored for the following purposes:
(a) to fully operate our Website and our business;
(b) to provide our Services; and
(c) to contact you about our products and services.
19. We will not disclose your personal information to third parties, except:
(a) to the extent reasonably necessary to achieve any of the purposes described in clause 18; and
(b) where we reasonably believe that such use or disclosure is required or expressly permitted under any applicable law.
20. If you elect to subscribe to our newsletters, you agree to receive, emails and other promotional information relating to us or third parties featured on our Website from time to time. If you want to stop receiving such information, you can elect to unsubscribe from the newsletter service using the unsubscribe facility link provided in such newsletters.
21. Where we hold personal information about you, you have a right to access and correct that personal information in accordance with the Privacy Act 1993. If you want to access or correct your personal information, please contact us and we will tell you how to make a request and any charges that may apply.
22. If you would like to contact us about any privacy matter, please email us at support@privatesale.co.nz.
23. These Terms and Conditions contain the whole of the contract and understanding between you and us concerning the Website, its content and the Services.
24. We may amend these Terms and Conditions from time to time. Notice of any such amendments will be announced on our Website and will be effective immediately, unless we state otherwise. You are responsible for reviewing the Website regularly to obtain timely notice of any such amendments.
25. Your continued use of our Website will constitute your acceptance of any amendments or revisions to these Terms and Conditions.
26. As the Website and its content are designed for New Zealand users, New Zealand law governs these Terms and Conditions. You and we submit to the non-exclusive jurisdiction of the New Zealand courts.