Terms and Conditions

TERMS OF USE

Kia ora and welcome to Trade Places, New Zealand’s online provider of marketing services for the advertisement and promotion of the sale of real estate.  Following are our Terms of Use which made up of the following:
•    Terms of Use;
•    Privacy Policy;
•    Disputes Resolution Policy;
•    Fair Use Policy; and
•    Service Provider Policy.

Our Terms of Use are the basis upon which Trade Places Limited (“Trade Places or “TP”) offers its services and the website to you, our site users and valued customers (together known as “Users”).   

It is important that all our Users understand and agree to our terms of use and we encourage you to contact us should you require any clarification. To contact us send us an email to support@tradeplaces.co.nz

TERMS AND CONDITIONS

1.1    Acceptance of terms and conditions: This website is controlled, operated and administered by Trade Places from its offices within New Zealand. BY USING THE WEBSITE AND/OR THE SERVICES PROVIDED YOU AGREE TO ACCEPT OUR TERMS OF USE.

1.2     Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Trade Places from time to time. Any amendments will be effective immediately upon the posting of the amended terms and conditions on this website. Your continued use of the website after any changes are made will be considered acceptance of those changes.

Legal Notices

2.1    Disclaimer: You acknowledge that Trade Places is not a real estate agent, a real estate adviser or a financial adviser and that Trade Places provides general information, not legal, financial or real estate advice. In using this website you will not rely on the information contained on this website as a substitute for legal or financial advice. You should make up your own mind about the suitability of the marketing services for the sale of your property.

2.2    No Fault: Trade Places does not warrant that your access to, or use of, the website or the functions contained on the website will be uninterrupted or error free and although Trade Places attempts to keep the information on the website current and up-up-to-date, the information on the website may contain errors or omissions. Use of the website is at your own risk. Trade Places does not accept any responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, nor does Trade Places accept any responsibility for any such loss arising out of or in reliance on information contained on this website, or accessed through this website. It is your responsibility to confirm that any information on this website is correct.

2.3    Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Trade Places to you or any other person under or in connection with these terms and conditions, this website and/or the services provided, is excluded whether any liability arises in contract, tort (including negligence), equity and/or breach of any legislative enactment.

2.4    Indemnity: You agree to release, indemnify and keep indemnified Trade Places from and against all actions, claims, costs (including legal costs and expenses) and/or any potential liabilities arising out of, or in connection with, your failure to comply with our terms and conditions and/or any breach of the use of the services provided.

2.5    Breach: Without limiting any other rights and/or remedies available to Trade Places, we may at any time at our option choose to limit, suspend or terminate your ability to use this website as well as warn other Users of your breach of its terms of use. 
      
Effect of Acceptance

3.1    Online Registration: Please note that on completion of the Trade Places online registration process, which includes you expressly acknowledging that you have read, understood and accept the terms of use, your ability to become a site user will be activated and you will have entered into a legally binding agreement with Trade Places for the provision of the Trade Places service.

Account Security and System Access

4.1    Account Security: You are responsible for maintaining the confidentiality of your Trade Places User Name and password (‘UNPW’), and you are fully responsible for all activities that occur under your UNPW. You agree to immediately notify Trade Places of any unauthorized use of your UNPW or any other breach of security and to ensure that you exit from your account at the end of each internet browser session. Trade Places will not be liable for any loss or damage of any kind arising from your failure to comply with this provision nor will it assume any responsibility for the corruption of any data held by it. You should use particular caution when accessing your account from a public or shared computer or any computer that you believe or may have reason to believe is not secure so that others are not able to view or record your password or other personal information.

4.2    Access: While Trade Places endeavours to ensure that the Trade Places website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free. Access to the Trade Places website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Trade Places at any time may request some form of identification to establish the creditability of an account or its contents.

Intellectual Property

5.1    Copyright: Copyright in this website (including but not limited to text, data, graphics and any other materials) is owned or licensed by Trade Places. Other than for the purpose of, and subject to the conditions prescribed under, the Copyright Act 1994 and except as expressly authorised by Trade Places, you may not in any form or by any means without Trade Places’ written permission:
•    adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
•    commercialise any information, products or services obtained from any part of this website.

5.2    Trade marks: All trade marks, logos and service marks (collectively the "Trade Marks") displayed on the website are registered and unregistered trade marks of Trade Places. Nothing on this website should be construed as granting any licence or right to use the Trade Marks without the written permission of Trade Places. Your misuse of the Trade Marks is strictly prohibited.

Links to third party websites and advertisements

6.1    Links and Advertising: As a convenience to you, we may provide on this website links to websites operated by other entities and advertisements for products and services offered by other entities. If you use a linked website, you will leave this website. Trade Places is not responsible for and does not endorse any information or any products or services appearing on any linked websites or in any advertisement appearing on this website.

General Provisions

7.1    Resolution of Disputes: As Trade Places is not a party to any sale or transaction of real estate listed through this website, you agree not to involve, or attempt to involve, Trade places in any dispute or in the resolution of any dispute that may arise between you and any other party as a result of the services provided.

7.2    Force Majeure:  Trade Places excludes any and all liability for any lack of performance, unavailability or failure of the Services or the website where the fault is the result of an event beyond the control of Trade Places including but not limited to natural disasters such as flood, earthquake and other extraordinary events such as terrorism, war, and civil unrest.
 
7.3    No Waiver: Any non-enforcement of any right available to Trade Places under our Terms of Use does not constitute a waiver or any limitation of those rights.

7.4    Partial Invalidity: If for any reason any provision of our terms of use becomes invalid, unenforceable, unlawful or illegal, the provision in question shall be removed from our terms of use and the remaining terms shall continue in full force and effect.

7.5    Governing Law: Our terms of use are governed by the laws of New Zealand and all Users agree to the non-exclusive jurisdiction of the New Zealand Courts.  
   
7.6    Privacy Policy: As Trade Pleas collects personal information about its Users a Privacy Policy exists and subject only to any applicable laws.

Please read our terms and conditions very carefully and if you do not agree with them please do not use our website. If you proceed to register as a site user of the Trade Places website or as a Trade Places Merchant or continue to use the Trade Places website you will be deemed to have accepted our terms and conditions and you will agree to be bound by them.

PRIVACY POLICY

Trade Places needs a wide range of personal information in order to carry out its business.

This Privacy Policy explains Trade Places’ approach to the handling of personal information, and how we comply with our privacy obligations. All copyright in this Privacy Policy is owned by Trade Places and it must not be copied or otherwise used without Trade Places’ consent.
 
Your Personal Information

In order to make available marketing services to you, Trade Places needs to collect and retain some personal information. As part of your use of the Trade Places website and/or the marketing services, Trade Places maintains information on your behalf on its servers about you and your property that you have provided us with.

Trade Places considers all information about you to be private and confidential, and holds itself to the highest standards in the safekeeping and use of this information.

What Kind of Information Does Trade Places Collect?

In order to provide you with Trade Places marketing services Trade Places will ask you to supply the following information:
•    your personal contact details including your name and e-mail address;
•    details of the property you wish to sell; and
•    your credit card details (for payment of services provided).

If you do not wish to provide Trade Places with any of this information you should contact Trade Places to discuss this, but you should be aware that this may impact Trade Places’ ability to make available marketing services to you.

Please note: Trade Places will protect your credit card information during transmission by using a recognised encryption method that prevents the fraudulent misuse of your credit card details.
 
How does Trade Places Use Your Personal Information?

Trade Places’ use of your personal information may include but is not limited to the following activities:
•    making available the marketing services to you;
•    facilitating payment for your purchases of the marketing services;
•    communicating with you regarding the marketing services;
•    providing the information to third parties to perform such services as sign making, brochure printing,     photography and advertising on the internet and other media;
•    providing the information to a conveyancing professional and/or a valuer to enable them to provide services to     you in accordance with their separate Terms & Conditions;
•    providing your information to any additional service providers that you may request a service from (e.g. movers,     storage companies, mortgage brokers); and
•    marketing Trade Places’ services to you.

Trade Places will not use your personal information for any purpose which is not related to the primary purpose for which it is collected.

How Does Trade Places Collect Personal Information?

Other than information that you upload directly to Trade Places’ servers, Trade Places collects information from you through your visiting and forwarding information to us, or making a purchase from the website, or through discussions (whether written or verbal) with Trade Places.

Trade Places Will Not Sell Its Client Information. Unless you consent to receiving information from third parties who supply services relating to selling properties and moving house, information about you is not and will not be sold or rented to any other company, individual or group.

When Will Trade Places Release Your Information To Others?

General:
Trade Places will not release information about you unless one of the following conditions is met:
•    Trade Places receives your prior written consent;
•    for accounting and administration purposes client information is required by Trade Places’ auditors ,accountants     and/or lawyers;
•    Trade Places engages a third party on your behalf who has agreed to be bound by the terms of this Privacy     Policy; or
•    Trade Places is required or authorised by law to release information to the recipient.

Trade Places May Use Your Information To Tell You About Trade Places Services

Information held by Trade Places about you may be used for our own marketing purposes in the form of contacting you by email, post, text, telephone calls or newsletters. If you do not wish to receive any marketing material from us please let us know at the time you register with us.

Security of Your Information

Trade Places will take all reasonable steps to ensure the security of your personal information. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Trade Places strives to protect such information, Trade Places does not warrant, and cannot ensure, the security of any information which you transmit to it.

Accordingly, any information which you transmit to Trade Places is transmitted at your own risk. Once Trade Places receives your transmission, it will take all reasonable steps to preserve the security of such information.

Accessing and Correcting Personal Information

You have the right to access your personal information subject to certain restrictions provided for in the Privacy Act 1993. If you require access to your personal information please contact Trade Places. Trade Places will take all reasonable steps to ensure that your personal information is correct and up to date but if you believe that any of your personal information is incorrect Trade Places will correct it at your request.

Any Questions:

If you have any further questions relating to this Privacy Policy, or concerns about the way in which Trade Places has handled your personal information, please contact us at: support@tradeplaces.co.nz

DISPUTES RESOLUTION POLICY

The below specifies Trade Places’ policy in relation to dispute resolution for any goods or services you may have purchased through the Trade Places website and which have become subject to a dispute.

Services
 
Some of the services specified on the Service Centre page will be provided to you directly by Trade Places and other services will be provided to you by providers accredited with Trade Places.

Trade Places provided Services

Where you feel you have a dispute with Trade Places in relation to any services provided by Trade Places, you must notify Trade Places in writing within 30 days of your first becoming aware of the problem. You acknowledge that if you do not notify Trade Places with 30 days of your first becoming aware of the problem, that our ability to resolve your dispute may be compromised. To notify Trade Places you should send an email to support@tradeplaces.co.nz.

Trade Places will endeavour to resolve your dispute as quickly as it reasonably can, however it may be necessary to obtain further information from you or any other party to resolve your dispute.

Notwithstanding the above, you acknowledge and agree that any liability of ours shall be limited in all respects to the amount that you have paid to Trade Places for the use of the Trade Places website in the six months prior to Trade Places receiving notification of your dispute.

Services provided by Trade Places Service Providers

Where you feel you have a dispute with any Service Provider from whom you have purchased services through the Trade Places website, you must notify the Service Provider in writing within 30 days of your first becoming aware of the problem and provide Trade Places with a copy of that notice.

While Trade Places may, at its sole discretion, attempt to assist you and the Service Provider to resolve the dispute, you acknowledge that Trade Places has no obligation or liability to you whatsoever for any goods or services provided (or not provided) to you by the Service Provider or any other party through the Trade Places website.

Other than holding fees collected by Service Providers from you on trust pending the confirmation of your order or purchase request, Trade Places has no direct or indirect financial or other interest in the transaction between you and the Service Provider.

Fees and refunds

Fees are payable in advance and are non-refundable, except as required under the Consumer Guarantees Act 1993.

The fees may be amended from time to time at our sole discretion.

You will not be entitled to a refund upon the termination of your membership.

Fees include goods and services tax.

FAIR USE POLICY

As a registered site user you can participate in all features and services available on the Trade Places website, as well as any available services provided by Service Providers through the Trade Places website, subject to the payment of their fees.  

Use of the Trade Places website gives you the ability to create one site user profile only. Multiple profiles are not allowed.
You may also participate in various events and promotions offered by Trade Places and any of the Service Providers from time to time.

You understand and acknowledge that the Trade Places website and services are provided to you as a platform and toolkit to facilitate the self-management by you of the sale or purchase of your property. You acknowledge that the Trade Places website provides a passive conduit for the online distribution and publication of information about real estate and other related goods and services advertised, marketed or promoted for sale.

Trade Places are not involved in and have no control over the actual transactions between site users and to the extent permitted by law, make no warranties in relation to the suitability, quality, safety, legality of any of the real estate or other goods and services offered for sale on the Trade Places website.  You acknowledge that Trade Places are not responsible for the accuracy or truth of any advertising listings on the Trade Places website or any representations made by site users on the Trade Places website.
 
You fully release and indemnify Trade Places from any and all liability, claims, demands and proceedings of any kind including, but not limited to, proceedings for any consequential loss, economic loss or any claim that may arise out of your selling or purchasing of any property with assistance of marketing tools purchased through the Trade Places website.

Prohibited activities

Trade Places reserves the right solely at our discretion to investigate and terminate your site use if you have misused the Trade Places website, services or services provided by the Service Providers, or behave in a way which we consider is contrary to our Terms of Use or is in any way inappropriate or potentially illegal. The following is a non-exhaustive list of the type of actions that you may not engage in with respect to the Trade Places website and services:

1. You will not impersonate any person or entity.
2. You will not use any robot, spider, or other device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Trade Places website, services or contents.
3. You will not "frame" or "mirror" any part of the Trade Places website or services, without Trade Places’ prior written authorisation.
4. You will not use code or other devices containing any reference to Trade Places, our services or website, to direct persons to any other web page.
5. You will not modify, adapt, sublicence, translate, sell, reverse engineer, decipher, or otherwise disassemble any portion of the Trade Places service or the decompile Trade Places website or any software used on or for the Trade Places service or cause others to do so.
6. You will not use the Trade Places service to transmit or otherwise in connection with any chain letters, spamming, junk email or any unsolicited messages.
7. You will not upload files that contain viruses, corrupted files or other similar software or programs that may damage the operation of the Trade Places website or any other person’s computer or property.
8. You will not restrict or inhibit the use of the Trade Places services or the Trade Places website by others.
Trade Places reserves the right to amend this list at any time.

Duration, expiry and termination
 
By completing your online registration on the Trade Places website, you agree to abide by and be bound by these terms, which will remain in full force and effect while you are a member of Trade Places. You may terminate your use of the Trade Places website at any time, for any reason, effective upon receipt by us of your written or email notice of termination from your last registered email address and sent to: support@tradeplaces.co.nz.

Trade Places may immediately terminate your site user registration and your access to the Trade Places website and services at any time if it believes that you may have breached these terms or acted in a way that we believe is likely to be detrimental to Trade Places. In the case of violation of one or more of these terms by you, Trade Places may block your account(s), delete prohibited content, and prevent publication of all or part of your member profile.

If Trade Places decides to terminate your registration, it will immediately send you notice of termination at the email address you provide to Trade Places and included in your profile. It is your responsibility to ensure that any email address you provide to us is a valid and current email address and any email Trade Places sends to such email address shall be deemed an effective service of notice on you by Trade Places.

If Trade Places terminate your use of the Trade Places website because it is of the opinion that you have breached the Terms of Use or acted in a way that Trade Places believes is likely to be detrimental to Trade Places, Trade Places will not refund any payments made by you.

Trade Places can terminate this Agreement at any time by giving you reasonable advance written notice.   Trade Places may do this at any time at our sole discretion, and is not obliged to provide you with any reasons if it exercises its discretion in this regard in whole or in part.  Trade Places may also block your access to all or part of the Trade Places website and services, either permanently or temporarily. No refund will be given if Trade Places terminates your use of the Trade Places website.  

In addition, Trade Places may at its sole discretion deactivate the accounts of site users who have not used the Trade Places website for a period of 6 months or more (as calculated by the date of last connection to the Trade Places website).

SERVICE PROVIDER POLICY

1. Services provided by external service providers

The Trade Places website may contain information about products, goods and services offered by Service Providers. You acknowledge and agree that:

(a) the information published on this website about the products, goods or services of the Service Providers is provided solely by the Service Providers. Trade Places is not responsible for the accuracy or validity of any information or representations provided or made by any Service Providers or regarding a Service Provider or a Service Provider’s products or services;

(b) Trade Places does not act as a broker or agent for any Service Providers;

(c) Trade Places does not act as your agent or broker in relation to the products, goods or services provided by the Service Providers to you;

(d) any agreement that you enter into with a Service Provider as a result of your use of the Trade Places website, is an agreement between the Service Provider and you;

(e) Trade Places does not make any representations or warranties as to the suitability or quality of the goods and services offered by the Service Providers to you and will not be liable to you or any third party for any misrepresentation, failure, wrong or default of a Service Provider;

Other than holding fees collected by Service Providers from you on trust pending the confirmation of your order or purchase request, Trade Places has no direct or indirect financial or other interest in the transaction between you and the Service Provider.

2. Linked websites

Our website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not be current or maintained.

Trade Places is not responsible for the content or privacy practices associated with the linked websites and we do not accept any liability for any damage or loss caused to you as a result of your accessing the linked website.  You access these links solely at your own risk.

Our links to linked websites should not be construed as an endorsement, approval or recommendation by us of that website or any content on that website.