Terms and Conditions

Introduction

Findspace Limited welcomes You to this Website (www.findspace.co.nz). By viewing the pages of this Website, You acknowledge that You have read and accepted these terms and conditions. If You do not accept these terms and conditions, You must refrain from using this Website and / or the Services.

1. Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Findspace from time to time. Amendments will be effective immediately upon posting the amended terms and conditions on this Website. You are responsible for ensuring You are familiar with the latest terms and conditions. Your continued use of the Findspace Website and Services represents Your agreement to be bound by the terms and conditions as amended.
2. Definitions: In these terms and conditions, the following expressions have the meanings set out below: "Deal", "Dealer" and "Dealing" mean offering Real Estate for disposal or acquisition by purchase, sale, lease or rent or any other means whatsoever through the Website and or by use of the Services; "Findspace" means Findspace Limited; "Real Estate" means any dwelling, building, property, land, space, or other area advertised on this Website; "Services" means any one or more of the services offered by Findspace through this Website from time to time; "We", "Us" and "Our" means Findspace; "You" and "Your" are references to you the user of the Website; "Website" means the Findspace website through which the Services are offered currently being www.findspace.co.nz; and "List" and "Listing" mean a listing on the Website to Deal in Real Estate.
3. No Agency: Findspace provides an advertising space for those who wish to Deal in Real Estate. Findspace does not act as the agent of any person in respect of and Dealing in Real Estate. Findspace is not a Dealer in Real Estate and takes no part in the process of formation of any agreement between persons in any Real Estate Dealing other than to provide an advertising forum and through the provision of services which may assist persons wishing to Deal in Real Estate.
4. Warranties of user: By registering as a user, You agree to the following and warrant that:
   1. You have provided complete, accurate and current personal information and that You will, at all times, maintain and update Your personal information to ensure it is kept accurate and current. You will not register as a user under multiple identities or personas (whether false or not). Findspace may contact You at any time to verify Your personal information;
   2. All Listings and communications made by You through Findspace will be made in good faith. You will not damage, interfere or harm the Website or Services, or any network, system or part thereof nor any network or system relating to or connected with the Website or the Services or any other user;
   3. You are responsible for keeping Your login information, including Your email address and password, secret and secure and agree not to permit any other person to use Your user name or disclose Your password to enable any other person to gain access to Your account; and
   4. If You are a real estate agent as defined by the Real Estate Agents Act 2008 ("the Act") that You will strictly comply with the Act and any associated Regulations, the Real Estate Institute of New Zealand's Codes of Ethics and Rules of Conduct and that You indemnify Findspace against any losses, costs, claims, damages, expenses, liabilities, proceedings or demands that Findspace may suffer as a result of a breach of this warranty with such indemnity extending to solicitors costs on a solicitor client basis.
5. Listing Policies: When advertising Real Estate on this Website it is Your responsibility to ensure You are legally entitled to List and or Deal in such Real Estate. You must also abide by the following Listing policies:
   1. The Real Estate must be accurately represented and the Listing must be placed in the most appropriate category.
   2. Only Dealings in Real Estate can be Listed. Listings for any items other than Real Estate will be removed by Findspace and no refund of any fees paid by You for the Listing will be made;
   3. Real Estate Listed must be genuine advertisements for the acquisition or disposition of Real Estate and must not be purely for advertising purposes where there is no intention to acquire or dispose of Real Estate;
   4. Listings must include the contact details asked for in the Listing process;
   5. Listings must be removed from the site as soon as is practicable following a successful transaction by You in relation to the Real Estate;
   6. All prices in Listings should be in New Zealand dollars and exclude all applicable GST. If they do not exclude GST then this must be made evident in the Listing; and
   7. Listings are not pre-screened for content. As such Findspace reserves the right to remove any Listing that it deems in its sole discretion to be improper, unsuitable or in breach of these terms and conditions.
6. Findspace Listing Fees: Findspace charges fees for the use of the Website to List Real Estate and for the provision of Services in accordance with the following:
   1. Findspace's current fees are Listed on the Website "listing fees" page and are GST inclusive. Before Listing an item, You should review Findspace's fees to ensure You are aware of the fees that You will incur;
   2. All fees are charged at the time of Listing and are not refundable. Dependent upon the individual circumstances, Findspace may at its sole discretion decide to refund a Listing fee;
   3. Only online payments for fees are accepted. Online payment must be made via the credit card facility available on the Website; and
   4. Findspace reserves the right to change the fees charged for any of our Services upon giving 14 days notice by publishing the new fees on the Website. In the event that Findspace introduces a new Service, the fees for that Service will be effective as at the launch of the Service, unless otherwise stated.
   5. Users can choose to pay for listings in advance by crediting an amount to their account (Top up Account). These funds are drawn down whenever a new listing is added or an existing listing is renewed. The balance on your account will not expire and is not refundable in the event of (a) you decide to close your account, or (b) Findspace ceases trading.
7. Your risk: Transactions and all other contact between You and other users are conducted entirely at Your own risk. You agree that Findspace takes no responsibility or liability for any misconduct of any of the users including, without limitation, users that have registered under false pretences or who attempt to mislead or defraud You. Findspace gives no undertakings, representations, or warranties in relation to Real Estate Listed on the Website, including the ownership of the Real Estate, the accuracy or truth of Listings, that any Real Estate will meet Your requirements or expectations or about the ability of the parties to complete a transaction.
8. Disclaimer: You expressly understand and agree that the Website and Services are provided on an "as is" and "as available" basis. Findspace disclaims and excludes all implied conditions or warranties not expressly stated and specifically:
   1. Findspace does not warrant that the Services provided will be uninterrupted, timely, secure, or error free. However, where You have identified an error with Your Listing You should advise Findspace and We agree to use Our reasonable endeavours to attempt to remedy the error for You; and
   2. That responsibility for the content of advertisements and Listings appearing on the Website including any hyperlinks to advertisers' own websites is solely the responsibility of the advertisers or Listing users as appropriate. The placement of advertisements on the Website does not constitute Findspace's recommendation or endorsement of the advertised Listing. Each user is solely responsible for any representation made in connection with that user's advertisement or Listing.
9. Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Findspace to You in connection with the Services, this Website, a Listing, users acts or omissions or Your inability to use the Services or this Website is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Findspace's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. Notwithstanding the foregoing if Findspace is required to pay any sum of money to You such sum shall be limited to an amount equal to the Listing fees paid by You.
10. Indemnity: You agree to release and indemnify us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with Your failure to comply with these terms and conditions.
11. Breach: Without limiting any other rights and remedies available to Findspace, Findspace may remove Your Listings, or refuse to provide Our Services to You if You breach these terms and conditions or where in any circumstances Findspace considers it appropriate.
12. Termination of user account: Findspace reserves the right to decline to register You as a user or to terminate Your user status without notice and without entering into further discussions with You.
13. Intellectual Property Rights: Findspace owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. You may not without our prior written permission, in any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website.
14. Privacy: Findspace collects personal information about You through Your use of the Services and the Website, including:
    1. Your registration details; and
    2. Information relating to Your use of the Website and the content You access.
    You agree that Findspace may use this personal information to assist Findspace in to providing the Services to You, for internal research purposes, to verify Your identity, for promoting and marketing other Findspace products and Services to You, and for any other use that You authorize. Where You have expressly accepted the disclosure of Your personal information by using the features on our Website You agree that Findspace may disclose Your personal information, including Your name and contact details, to persons that may have Real Estate with which they wish to Deal that meet Your search criteria.
15. Use of Your information: Otherwise than in accordance with the above, You agree that we are entitled to release account and other personal information when in our opinion it is necessary to comply with the law; enforce or apply our terms and conditions; or protect the rights, property, or safety of Findspace or our users.
16. Credit Card Security: Findspace works diligently to protect the security of Your personal information, including credit card information. We protect Your credit card information by using an independent company called Direct Payment Solutions Limited - www.paymentexpress.com ("DPS"). To the best of our knowledge the DPS service deploys the latest security measures and standards for electronic commerce, including Secure Sockets Layer ("SSL"), digital certification, and RSA public key encryption. DPS protects Your credit card detail during transmission by using SSL which encrypts information You input. Your credit card details are not held by Findspace and can not be accessed by Findspace.
17. System Integrity: Findspace will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Findspace:
    1. Accepts no liability for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable; and
    2. Reserves the right from time to time to modify or discontinue, temporarily or permanently the Website (or any part thereof) with or without notice to You and will not be liable to You or any third party for any modification, suspension or discontinuance of the Website.
18. Force Majeure: Findspace has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Findspace to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Findspace.
19. Resolution of disputes: As Findspace is not a party to any transaction relating to the sale, rent or lease of the Real Estate, You agree not to involve, or attempt to involve, Findspace in any dispute or in the resolution of disputes that arise between You and another person as a result of the Services provided.
20. No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
21. Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
22. Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
23. Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties.