1. Application of terms
- 1.1 These Terms apply to your use of the Website. By accessing and using the Website:
- a. you agree to these Terms; and
- b. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
- 1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
- 2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
- 2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
- 2.3 These Terms were last updated on March 9, 2016.
In these Terms:
- including and similar words do not imply any limit
- Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
- personal information means information about an identifiable, living person
- Underlying System means any network, system, software, data or material that underlies or is connected to the Website
- We, us or our means AuctionReady Limited
- Website means auctionready.co.nz
- You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
- Report means the deliverable from a due diligence service ordered or requested through this website. Typically this is a document such as a building inspection report.
- Report Supplier a due diligence service provider who is responsible for preparing and delivering Reports.
4. Your Obligations
- 4.1 You must provide true, current and complete information in your dealings with us.
- 4.2 If you are given a User ID, you must keep your User ID secure and:
- a. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
- b. immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to email@example.com.
- 4.3 You must:
- a. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
- b. unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
- 4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to firstname.lastname@example.org.
- 4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5. Intellectual Property
- 5.1 We own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
- 5.2 The AuctionReady site is made available for personal use. You may not copy, monitor, screen-scrape, spider, deep-link or reproduce any content, information or software displayed on the AuctionReady site for any commercial or competitive purpose.
- 6.1 To the extent permitted by law, we have no liability or responsibility to you or
any other person for any Loss in connection with:
- a. the Website being unavailable (in whole or in part) or performing slowly;
- b. any error in, or omission from, any information made available through the Website;
- c. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
- d. any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
- 6.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
- 6.3 In the event of a problem arising with a Report, you should contact the Report Supplier directly. If you have a problem with the order that you have made through the AuctionReady site please contact the Report Supplier directly.
- 6.4 We are acting solely as agent on behalf of the Report Supplier and, as such, we are not a party to the contract between you and
the Report Supplier for the provision of due diligence services and we have no responsibility or liability to you in respect of the
terms of that contract. For example, we are not responsible for:
- a. the accuracy or completeness of the descriptions of Reports and other due diligence services (including pricing and availability) that are displayed on the AuctionReady site, or the quality or fitness for purpose of the Report and other due diligence services that are or may be ordered through the AuctionReady Site;
- b. the fulfilment of an order made through the AuctionReady site, including any acts or omissions of Report Suppliers, any cancellation of an order by a Report Supplier for any reason whatsoever or any failure to provide all or any part of the ordered service by that supplier; or
- c. any error or failure in the making or recording of a Report order which is due to any circumstances that are outside our control (such as a power failure).
- 6.5 Prior to submitting an order, you are responsible to ensure that you have reviewed the Report Supplier’s terms and conditions and that they are acceptable to you.
- 7.1 To the maximum extent permitted by law:
- a. you access and use the Website at your own risk; and
- b. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
- 7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
- 7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
- 7.4 We have not formally reviewed Reports provided by Report Suppliers listed on the AuctionReady site and we do not review Reports ordered through us. The listing of any due diligence services on the AuctionReady site is not and should not be taken as a specific recommendation from us or a representation that the due diligence services will be suitable for your purpose or that the due diligence services will be of any particular quality.
9. Suspension and Termination
- 9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
- 9.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
- 10.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
- 10.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
- 10.3 For us to waive a right under these Terms, the waiver must be in writing.
- 10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
- 10.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
- 10.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
11. Ordering Reports
- 11.1 We facilitate the ordering of building inspections and other due diligence reports (the “Reports”). We do not provide, own or run any providers of due diligence services ourselves.
- 11.2 When you request or order a Report using the AuctionReady site, you agree to enter into a contract for due diligence services and your contract for due diligence services is with the Report Supplier, not AuctionReady, as we are only acting as agent for the Report Supplier. It is the Report Supplier’s responsibility to provide you with the due diligence services. We are not responsible for the fulfilment of any order made through the AuctionReady site or for the quality or suitability of any Report or any other due diligence services.
- 11.3 While this site is designed to facilitate price reductions through multiple purchases of the same Report, we cannot guarantee that any Report will have more than one purchaser, and thereby any additional price reduction.
- 11.4 It is your responsibility to ensure correctness (address, auction date, name, etc) of any information given to us by you such as selection and addressing information when ordering Reports.
- 11.5 By ordering a Report through AuctionReady, you are agreeing that we can advertise and on-sell the same Report to others. Repeat sales is our primary price reduction mechanism, sharing costs between purchasers of the same Report.
- 11.6 You confirm that you are of sufficient age to use the AuctionReady site lawfully, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of the AuctionReady site. You understand that you are financially responsible for all uses of the AuctionReady site by you.
13. Cancellation/Refund Policy
- 13.1 There will be no refund where the Report has been delivered matching the agreed criteria, regardless of other conditions.
- 13.2 Where the Report was not delivered due to circumstances out of your control the full amount paid will be refunded.
- 13.3 Where you are the only purchaser of a given Report and choose to cancel, the terms and conditions of the Report Supplier regarding cancellation are in effect.
- 13.4 Where there are multiple purchasers of the same Report, a partial refund will be given. The amount of this refund is dependent on the number of remaining purchasers, according to the cost sharing model. This is to ensure remaining buyers do not have to pay more.
- 13.5 We do not monitor the status of properties. If the status of the subject of a Report changes such that the Report is no longer useful, (e.g. auction date brought forward) it is your responsibility to respond to this.
- 13.6 Refunds are paid to the original purchaser onto the credit card used to make the original payment.
- 13.7 Refunds will be paid as soon as practicable after we have received a written request.