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These terms and conditions, together with chineserealestate.co.nz Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the chineserealestate.co.nz ("Conditions") govern your use of and access to the chineserealestate.co.nz.
We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the chineserealestate.co.nz. Your subsequent or continued use of the chineserealestate.co.nz will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of the chineserealestate.co.nz.
ChineseRealEstate.co.nz
While we use reasonable endeavours to ensure that chineserealestate.co.nz is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to chineserealestate.co.nz may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on chineserealestate.co.nz at any time.
Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on chineserealestate.co.nz at any time without providing notice to you.
Membership
To access or use certain parts of chineserealestate.co.nz, you must register as a member of chineserealestate.co.nz and/or a particular website that forms part of chineserealestate.co.nz. Generally, registration is free.
When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information.
You must not register as a member multiple times.
You must not impersonate or create a membership for any person other than yourself.
We may at any time request a form of identification to verify your identity.
You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.
We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of chineserealestate.co.nz, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.
You must settle any negative account balance immediately. Chineserealestate.co.nz reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that chineserealestate.co.nz incurs when collecting that debt.
If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refundthe balance of your credit account.
Promotion
A Promotion is only valid on the chineserealestate.co.nz website
A Promotion may only be redeemed online at chineserealestate.co.nz
A Promotion has no cash value and cannot be redeemed for cash (or for benefits in kind such as gift vouchers).
Any balance remaining after redemption of a Promotion is non-transferable and non-refundable.
Promotional giveaways of chineserealestate.co.nz credits, bonus credits, or any free credits gifted to the member will not be refunded.
Your conduct
You must not:
(a) use chineserealestate.co.nz in breach of any applicable laws or regulations;
(b) use chineserealestate.co.nz (or Material obtained from chineserealestate.co.nz):
- to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
- to impersonate any person or entity;
- to solicit money, passwords or personal information from any person;
- to harm, abuse, harass, stalk, threaten or otherwise offend others; or
- for any unlawful purpose;
(c) use chineserealestate.co.nz to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
- is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
- contains, promotes, or provides information about unlawful activities or conduct;
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- exploits another person in any manner;
- contains nudity, excessive violence, or sexual acts or references;
- includes an image or personal information of another person or persons unless you have their consent;
- poses or creates a privacy or security risk to any person;
- you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- contains large amounts of untargeted, unwanted or repetitive content;
- contains restricted or password only access pages, or hidden content;
- contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
- advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
- contains financial, legal, medical or other professional advice;
(d) interfere with, disrupt, or create an undue burden on chineserealestate.co.nz;
(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of chineserealestate.co.nz;
(f) use chineserealestate.co.nz with the assistance of any automated scripting tool or software;
(g) frame or mirror any part of chineserealestate.co.nz without our prior written authorisation;
(h) use code or other devices containing any reference to chineserealestate.co.nz to direct other persons to any other web page;
(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of chineserealestate.co.nz or cause any other person to do so; or
(j) delete any attributions or legal or proprietary notices on chineserealestate.co.nz.
Your Material
By uploading, transmitting, posting or otherwise making available any Material via chineserealestate.co.nz, you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
(b) except where expressly stated otherwise, also grant each user of chineserealestate.co.nz a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
(c) warrant that you have the right to grant the abovementioned licences;
(d) warrant that the Material does not breach the Conditions; and
(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
We reserve the right (but have no obligation) to:
- review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
- monitor use of chineserealestate.co.nz, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on chineserealestate.co.nz by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on chineserealestate.co.nz simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
Advertised Products
All prices are stated in New Zealand dollars (NZ$). We are a New Zealand business. We reserve the right to increase fees or to introduce new prices for our products and services at any time.
Notifying us
If you think that chineserealestate.co.nz has been accessed or used by another user in breach of the Conditions, please email us at info@chineserealestate.co.nz. We'll consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision.
In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to info@chineserealestate.co.nz.
Intellectual Property
Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to chineserealestate.co.nz.
Chineserealestate.co.nz contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on chineserealestate.co.nz for your own personal, non-commercial use only. Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.
In particular, you may not use any Material on chineserealestate.co.nz to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Nothing displayed on chineserealestate.co.nz should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on chineserealestate.co.nz without the express written consent of the relevant owner.
Third party websites, advertising and activities
We may feature or display links and pointers to websites operated by third parties on chineserealestate.co.nz. Such websites do not form part of chineserealestate.co.nz and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave chineserealestate.co.nz entirely at your own risk.
You must not link to chineserealestate.co.nz from any other website (or otherwise authorise any other person to link from a third party website to chineserealestate.co.nz) without our prior written consent.
Chineserealestate.co.nz may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
If you contact a third party using functionality provided on chineserealestate.co.nz, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.
Disclaimer
You use chineserealestate.co.nz at your sole risk.
Except where expressly stated otherwise, Material on chineserealestate.co.nz is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We do not make any representation or warranty that any Material on chineserealestate.co.nz will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
We will not be liable for loss resulting from any action or decision by you in reliance on the Material on chineserealestate.co.nz, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with chineserealestate.co.nz in any circumstance.
Limitation of liability
You use chineserealestate.co.nz at your sole risk.
We (including our officers, employees and agents) will not be liable, whether in contract, tort (including negligence), equity or on any other basis to you or any third party for any direct, indirect or consequential damage, loss, cost or expense (including, without limitation, damage to property, injury to persons, loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had, denial of service or access to our website) arising from the use of our website, its content or any service supplied by us.
If, notwithstanding the clause above, a court of competent jurisdiction holds us (or any of our officers, employees or agents) liable in respect of any matter arising under or incidental to these terms and conditions, our total aggregate liability will be limited to the sum of $100.00.
If you are using our website, its content or any service supplied by us for purposes other than in relation to a business, we accept that you have rights under the Consumer Guarantees Act 1993. Nothing in these terms and conditions is intended to affect any rights which you may have under such legislation which we are unable by law to exclude or limit in accordance with these terms and conditions.
You will be liable for all losses if you act fraudulently at any time, either alone or together with any other person, in using our website or any service supplied by us. You are also liable for losses where any act or omission of yours has contributed to causing those losses.
Severability
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
No waiver
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
Affirmation regarding age
By using chineserealestate.co.nz, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
Definitions
In these terms and conditions:
"Conditions" means these terms and conditions, together with chineserealestate.co.nz Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on chineserealestate.co.nz.
"ChineseRealEstate.co.nz" means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).
"Material" means text, illustrations, photos, audio, video, any combination of these or other material.
"Us", "we" or "our" means Chinese Real Estate Ltd and/or its related bodies corporate.
Google Maps
The Google Maps service is made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and conditions available at the following url: http://www.google.com/intl/en_us/help/terms_maps.html.
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