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Terms and Conditions - for Subscribers and Casual Users
Please read the following terms and conditions carefully. These terms and conditions apply to all the property services provided on this website
Terms of Agreement
This Agreement is made between you as the Customer (you or your) and PropertyIQ NZ Limited (PropertyIQ) when you tick the 'I accept’ box as part of the registration process and it constitutes the terms and conditions in respect of your access to and use of this Web Site (Website). The provisions set out below are the only terms and conditions on which PropertyIQ agree to provide the services offered on this Website. By accessing the Website you agree to be bound by all these terms and conditions.
Modification of Terms
This agreement, the services and information to be provided may be changed by PropertyIQ at any time via notice on the Website.
You agree to pay for the reports and documentation ordered from the Website at the rate advised on the Website from time to time.
PropertyIQ will never ask you to email your credit/debit card details direct to PropertyIQ and likewise, you shall not attempt to send PropertyIQ any unsolicited emails containing your credit/debit card details. Your credit/debit card data will only be used to complete payment or refunds of sums due or overpaid to PropertyIQ.
Payment - Credit Card
Payment is in New Zealand dollars and will be converted at the current exchange rate for overseas customers by their credit card company. PropertyIQ may run an authorisation on your credit card for an amount up to the total of your purchases. A credit card authorisation is a method used to determine whether your credit card is valid and whether you have a sufficient credit limit to make a purchase. Although a credit card authorisation results in a temporary reduction in the amount of money you are authorised to charge to your credit card, it does not result in a charge being incurred on your credit card. Upon completion of your session on the Website, your credit card will be charged the total amount of your purchase(s).
Payment - Invoices
Subscribers are invoiced monthly in arrears with a minimum charge of $30.00 plus GST payable for each month subscription. A subscription will continue until PropertyIQ receives written notice that the customer no longer wishes to subscribe as set out in the termination section below. Payment is required in accordance with the terms stated on the invoice. Interest is charged on overdue amounts at the rate of 4% above the base rate charged by Westpac on overdraft accounts. PropertyIQ's Credit checks will be run automatically for any applicant applying for an account. An account will not be established if the credit check is not satisfactory to PropertyIQ in all respects.
Terminal equipment, communications links and costs and ensuring systems compatibility are your responsibility.
You will be issued/select a User Name (or names) and password and are liable for all charges arising through use of that User Name. You will be responsible for all use of this Website made using your User Name. Access to the service by use of that User Name may be cancelled by advising the PropertyIQ HelpDesk Manager and if requested a new User Name will be issued on receipt of written confirmation of cancellation. The User Name (or names) may be changed by the PropertyIQ HelpDesk Manager from time to time.
Copyright & Restriction
Information supplied by PropertyIQ and contained on this Website is subject to PropertyIQ's copyright. It is supplied for your own lawful internal use and you agree not to further disseminate the information supplied and in particular not to publish it by written, broadcasting, videotex, electronically on computer encoded mediums or by other means without the written consent of PropertyIQ.
You are expressly forbidden to use the information in creating any mailing or address list of persons or properties, to use the data for telemarketing purposes, or to sell the information to others. The information and all copies and compilations of the information must acknowledge the source of the information and any rights notice on the original information must be reproduced on all copies and compilations.
You may from time to time provide or otherwise make available to PropertyIQ data, information, content, photographs and other materials (‘Customer Materials’). You hereby grant PropertyIQ (and all of its partners, affiliates, parent companies, related entities, successors, and assigns) a worldwide, royalty-free, perpetual, irrevocable, assignable, non-exclusive right and licence to use, convert, reproduce, reformat, store, back-up, distribute, sell, transmit, perform, display (publicly or otherwise), adapt, make derivative works of and otherwise commercialise and exploit, the Customer Materials either by themselves or in combination with other information with no obligation to account for profits.
You represent and warrant that:
- You have the necessary rights to grant the foregoing licenses and rights in and to the Customer Materials;
- Use of the Customer Materials in accordance with the foregoing licences and rights does not infringe or misappropriate any third party or PropertyIQ rights, including, without limitation, intellectual property rights;
- The Customer Materials are free of malicious or disabling code;
- The Customer Materials are accurate and are in fact what you purport such Customer Materials to be;
- All information supplied by you from time to time complies with all applicable laws and regulations and that its transmission, use or display by PropertyIQ will not give rise to any claims against PropertyIQ or liabilities for PropertyIQ, or our directors, employees, agents, officers, owners, or partners.
The Privacy Act 1993 limits the use of personal information from public registers. You are responsible for ensuring data is used within the requirements of the Act.
We will not disclose your personal information to any third party unless authorised by you or your representative(s) or compelled to do so by law. We confirm that we will act in accordance with the Privacy Act 1993.
You specifically acknowledge and accept that in relation to any reports or documentation ordered by you (other than full market valuations, if applicable):
- The information supplied is not a certified copy of any district valuation roll entry.
- The information supplied is drawn from third party sources which are independent of and outside the control of PropertyIQ.
- The information supplied is not warranted for lending purposes.
- The information supplied is not a registered valuer's report for the purposes of the Trustee Act 1956.
- The Hazard Report for a Property is not, and does not, replace a site inspection or an engineering geological report for a property.
- PropertyIQ reserves the right to make alterations to the information provided, without notification as this information may change from time to time.
- The E-Valuer estimated value expressed for any property on this Website is the result of an analysis of comparable property data collated by PropertyIQ and is based on the property being freehold. While PropertyIQ has used reasonable endeavours to ensure the accuracy of the information, the accuracy of the data relied upon and the estimated value are not guaranteed by PropertyIQ.
- The E-Valuer estimated value and estimate of selling range expressed on this Website are not intended or designed to replace a Full Current Market Valuation. If you need a property valuation for lending, tax or other reasons then you should seek a Full Current Market Valuation from a registered valuer.
- Any map showing property boundaries is indicative only and may not be complete or accurate. Any map that is produced is not intended or designed to replace a Certificate of Title or land survey information. If you need a Certificate of Title or land survey information for any purpose then you can order these through PropertyIQ's Title document service accessed at www.qv.co.nz. While PropertyIQ has used reasonable endeavours to ensure the availability, accuracy and completeness of the information contained in the map, this is not guaranteed by PropertyIQ.
- All Title documents for a property provided by PropertyIQ are provided to PropertyIQ by Land Information New Zealand. PropertyIQ has in no way contributed to the collation and presentation of data within any Title document. For this reason, no assurance can be given by PropertyIQ that information contained within a Title document is accurate.
All conditions, guarantees and warranties expressly or implied by legislation, common law and equity or otherwise are expressly excluded to the maximum extent permitted by law
- makes no representations as to the completeness, correctness, currency or fitness for any purpose of the information supplied.
- the information supplied is made available on an 'as is' basis and that you use this information solely and entirely at your risk.
- does not promise that access to the service will always be immediate or uninterrupted.
- gives no warranty that the material on the Website will be free from infection, viruses or destructive code and shall not be liable to you on any basis for any damage or loss suffered by you as a result of material on the Website infecting or damaging your computer equipment, software and any other electronic device.
- is not responsible for telecommunication links connecting you to the service.
Exclusion of Liability
Will not be responsible for any damage to or loss suffered by you arising from the service provided whether arising from negligence or otherwise beyond:
- re-supplying the service; or
- refunding the cost of supplying the particular service in issue or the information.
You assume the sole responsibility for all use of the information supplied and agree to indemnify PropertyIQ from any liability or claim of any person arising from the information supplied. In addition, you agree to indemnify PropertyIQ against the consequences of your failure to carry out your responsibility as provided in this Agreement.
You agree to keep PropertyIQ (and all of PropertyIQ’s partners, affiliates, parent companies, related entities, successors, and assigns) and their respective directors, employees, agents, officers, owners, and partners indemnified against all claims, demands, proceedings, costs, expenses, damages, awards, judgments and any other liability whatsoever, arising directly or indirectly in connection with any breach of this Agreement by you or any other act or omission (including negligent acts or omissions) on your part..
You may not assign this agreement.
If an amount is overdue by more than 1 month or breach of these terms has occurred, PropertyIQ may suspend the service until payment (including interest payable) is received, or the breach is remedied.
PropertyIQ may terminate this agreement at any time without notice. All Copyright, Data Privacy and Use of Information obligations remain in effect after termination for all information, copies and compilations retained by you.
Consent to Commercial Electronic Messages
By ticking the “Yes, I would like to receive property related information from QV” box, you consent to receive commercial electronic messages marketing our goods and services and new products. You also consent to receiving any electronic messages containing updated information in relation to the services, news and various other information of related interest.
This records the entire agreement between the parties. No provision shall be waived, unless in writing from PropertyIQ. The fact that PropertyIQ fails to do, or delays in doing, something PropertyIQ is entitled to do under this document does not amount to a waiver.
The validity, interpretation and enforcement of this agreement shall be governed by the laws of New Zealand.
Your address for notices is held by the PropertyIQ HelpDesk Manager. Any changes to customer details should be provided in writing to the PropertyIQ HelpDesk Manager, PropertyIQ, PO Box 4072, Wellington, or email firstname.lastname@example.org.
View our sample online reports to see pricing.