These Terms of Use (“Terms”) are between you and MyPropertyLife (“our”, “we” or “us”) and govern all use of this Site. These Terms shall be read in conjunction with all policies and amendments to these Terms and MyPropertyLife’s Privacy Policy.
By using this Site, you acknowledge that you have read the latest version of the Terms and you agree to be bound by the Terms.
If you do not agree to be bound by the Terms, please do not use the Site. We reserve the right to amend the Terms at any time.
“Intellectual Property Rights” includes all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and any other intellectual or industrial property rights of a similar nature, whether registrable or not and whether registered or not;
“Site” means the website at www.mypropertylife.co.nz ;
“You” means visitors and/or users of this Site, and where the context permits and/or the Respondent.
2.1. The site may only be used for lawful purposes. Users are prohibited from violating or attempting to violate the security of this site or using it to illegally obtain information or services. Users may not send unsolicited email messages (”spam”) to or through the site or otherwise harass the site owner or other users. We reserve the right to refuse to deal with any user who violates our rules.
2.2. As a condition of these Terms, when accessing and using the Service and the Site, you must not:
3.1. Nothing in these Terms constitutes a transfer of any Intellectual Property Rights. You acknowledge and agree that as between you and MyPropertyLife, all Intellectual Property Rights in the Site, the Service, and any other documentation relating to the Services remains the property of MyPropertyLife.
3.2. All Intellectual Property Rights in and title to, the Client Data remains your property. Your access to the Client Data is subject to full payment of the Subscription Fee being made when due.
3.3. You grant MyPropertyLife a licence to use, copy, transmit, store and back-up the Client Data for the purposes of enabling you to access and use the Service and for any other purpose related to provision of the Service to you.
3.4. You must maintain copies of all Client Data inputted into the Site. MyPropertyLife adheres to its best practice policies and procedures to prevent data loss, but does not make any warranties that there will be no loss of Client Data. MyPropertyLife expressly excludes liability for any loss of any Client Data under any circumstance.
4.1. MyPropertyLife intends that the Service and the Site to be available 24 hours a day, seven days a week. However, MyPropertyLife does not warrant that the availability of the Service and/or the Site will be uninterrupted and MyPropertyLife will not be held liable for any compensation or damages due to such interruptions in availability of the Service and/or the Site.
4.2. MyPropertyLife does not warrant that the Service and/or the Site will be error-free and will not be held liable for any compensation or damages due to such error.
4.3. The Site is made available internationally and may contain references to products, programs and services of MyPropertyLife or its suppliers that are not available in your location. Such references do not imply that MyPropertyLife or its suppliers intend to make available such products, programs or services in your location.
5.1. MyPropertyLife may, at any time, without notice:
6.1. MyPropertyLife is not responsible for the content of any other web site linked to or from the Site. MyPropertyLife may provide links from the Site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. All warranties, conditions or other terms express or implied as to any such linked site, including without limitation as to accuracy, ownership, validity or legality of any content of a linked site, are hereby excluded.
7.1. Certain features or services offered on or through the Site may require you to register (including setting up a MyPropertyLife login and password). You are entirely responsible for maintaining the confidentiality of your login and password and for any and all activity that occurs under your registration.
7.2. You agree to notify MyPropertyLife immediately of any unauthorised use of your login and password, or any other breach of security. Where any breach of security or unauthorised use has occurred, you must take all actions MyPropertyLife reasonably deems necessary to maintain or enhance the security of the Service and the Site including notifying the MyPropertyLife of such breach of security or unauthorised use.
7.3. You are liable for any losses incurred by MyPropertyLife as a result of any breach of security or unauthorised use of your login and password.
7.4. MyPropertyLife will not be held liable for any compensation or damages due to any breach of security or unauthorised use.
8.1. MyPropertyLife’s Privacy Policy applies to use of the Service and the Site and forms part of these Terms.
8.2. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
8.3. Each party will keep confidential all Confidential Information of the other party obtained or received in connection with the Service and neither party will, without the prior written consent of the other, disclose or make use of the Confidential Information.
9.1. The information provided by MyPropertyLife is general and is not intended to serve as advice. Readers should not act or fail to act on the basis of this information. Decisions relating to property should always be made in consultation with an experienced and qualified advisor, as well as your lawyer, accountant, lender, family members and business partners if applicable.
9.2. MyPropertyLife makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.
9.3. MyPropertyLife disclaims all warranties, express or implied, including any warranties of accuracy, title, non-infringement, merchantability and fitness for a particular purpose. MyPropertyLife disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Service and the Site and any other MyPropertyLife services. You assume total responsibility for your use of the Site and any linked sites.
9.4. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
9.5. You warrant and represent that you are acquiring the right to access and use the Service and the Site for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service and the Site.
10.1. To the full extent permitted by law, MyPropertyLife hereby excludes all liability to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information including Client Data) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or the Site.
10.2. If you suffer loss or damage as a result of MyPropertyLife’s negligence or failure to comply with these Terms, any claim by you against MyPropertyLife arising from MyPropertyLife’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to amount actually paid by you to MyPropertyLife in the immediately preceding six (6) month period.
10.3. If you are not satisfied with the Service or the Site, your sole and exclusive remedy is to terminate these Terms in accordance with these provisions.
11.1. You agree to indemnify and hold MyPropertyLife, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against MyPropertyLife by any third party due to, or arising out of, or in connection with, your use of the Service or the Site.
12.1. These Terms as amended from time to time, together with terms of any other notices or instructions given to the Subscriber under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you relating to the Site and the other matters dealt with in these Terms.
12.2. If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
12.3. Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement. This clause does not apply to any obligation to pay money.
12.4. You may not assign or transfer any rights to any other person under the Agreement or these Terms without MyPropertyLife’s prior written consent.
12.5. If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will be binding on the parties.
MyPropertyLife Limited (“our”, “we” or “us”) is committed to protecting your personal information. This Privacy Policy governs our collection, use and disclosure of your personal information (as defined in the Privacy Act 1993) and have been prepared in accordance with our obligations and yours rights set out in the Privacy Act 1993.
Capitalised terms in the Privacy Policy, unless otherwise defined, have the same meaning as defined in our Terms of Use. Our Privacy Policy shall be read in conjunction with our Terms.
MyPropertyLife collects data about individuals’ usage and opinion of products and services via market research surveys. This data is used by MyPropertyLife’s Subscribers for the purposes of improving their products, services and their customer’s overall experience practices.
We may collect and receive the following information:
We do not collect or receive sensitive personal information including credit card details, financial account and transaction information, medical or health information, political opinions, religious or philosophical beliefs, or trade union memberships.
MyPropertyLife uses cookies primarily to identify returning users from the same computer and ensure the integrity of its research. (The cookie is a small piece of data sent from our survey and stored in the web browser while you are completing our survey. The cookie is not used for any other means other than ensuring the accurate completion of the survey).
MyPropertyLife does not sell, trade, or otherwise transfer your personally-identifiable information to third parties. However, there may be times when we need to share your data/information with third parties. We will only share your information to:
MyPropertyLife will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment protected from unauthorised access, modification or disclosure.
You have the right to access personal information about you and request corrections or updates to be made, provided we hold such information in a way that it can be readily accessed and amended.
If you wish to obtain a copy of the information held by MyPropertyLife, you must make a written request to us with your name and any specific information you wish to be disclosed, your email address and a telephone number.
We may refuse to release this information to you if we are not satisfied you are who you say you are, we cannot reasonably know if we have personal information about you or where the release of that information could reasonably be believed to be a breach of someone else’s privacy or would be in breach of the Privacy Act 1993.
MyPropertyLife takes strict physical, technical and procedural measures to keep information secure by:
If we decide to change our Privacy Policy, we will post these changes on www.mypropertylife.co.nz and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. The date of last revision will be shown on the website.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you on this Site, by e-mail, or by means of a notice on our home page.
In the event that MyPropertyLife’s business is acquired or merged or in the unlikely event MyPropertyLife goes out of business enters into liquidation or receivership. You acknowledge that such transfers may occur, and that any acquirer of MyPropertyLife may continue to use the information collected by MyPropertyLife.
If you have any questions or comments about this privacy statement or the practices of this Site, please contact us by emailing info@mypropertylife.co.nz
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