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, which may change from time to time.
Payment - Individual customers
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 (and may run subsequent authorisations at later times for the total amount of your purchase). 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 - Subscribers and Business customers
Subscribers who are invoiced, will be invoiced monthly in arrears with a minimum invoice charge of $35.00 incl. GST payable for each calendar month of subscription during which a purchase is made. Where no purchase is made during a calendar month, the minimum fee for that month does not apply. 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 Customer Support Team 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 Customer Support Team 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 (whether for commercial gain or otherwise) 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.
In accessing the Website (and the data obtained through it), You and your collective employees and representatives will not, or encourage any other person to:
- decompile, disassemble or otherwise reverse engineer all or any portion of the data or Website, including any source code, object code, algorithms, methods or techniques used or embodied therein whether by scraping, harvesting or some other means; or
- modify or create any derivative works based upon any data provided through the Website;
- remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the data or any means of delivery of the data through the Website; or
- incorporate any portion of the data obtained through the Website into any other materials, products or services.
We may retain a report purchased from PropertyIQ for your later access and use in accordance with the following:
- as per PropertyIQ’s Data Retention Policy, if one exists, and as adopted from time to time;
- despite (a) if you have a specific agreement with PropertyIQ, the terms specified in that agreement; or
- if (a) or (b) does not apply, then for a period of 18 months from the time of obtaining a report, provided that you have retained a User Name and password enabling you to access the Website.
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.
Information transmitted over the internet is inherently insecure. 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.
- 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 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 estimated value and estimate of selling range expressed on this Website are not intended or designed to replace a Full Market Valuation. If you need a property valuation for lending, tax or other reasons then you should seek a Full 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 copyright, infringement of trademarks or other intellectual property rights, violation of privacy principles or wrongful disclosure of confidential information in relation to PropertyIQ’s use of the Customer Materials on or through this website.
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 “Yes” to the QV.co.nz Email Newsletter 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.
User Submitted Content
PropertyIQ invite our users to use communication tools available through the Website (such as forums, chat rooms, message centres) and including the ability to post comments and other material.
As a condition of using such communication tools, you agree only to use the communication tools for lawful and legitimate purposes.
You must not use any communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial email, files that may damage someone else’s computing device or software.
You will not post comments and other material:
(a) which is not original work in which you own the copyright, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the copyright, registered trademark or intellectual property rights of another person;
(b) which is (or could reasonably be expected to be) obscene, offensive, pornographic, vulgar, profane, indecent or otherwise illegal;
(c) which is (or could reasonably be expected to be) defamatory of any person;
(d) which 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; or
(e) which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.
You will not use the comment areas for the purpose of: (a) advertising, promoting or soliciting any goods or services, or otherwise engaging in trade or commerce; or (b) providing any financial advice, or advice of any kind in relation to any financial product.
When you make any communication on the Website you represent that you are permitted to make such communication. PropertyIQ is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum you must exercise caution when using the communication tools available on the Website.
The views which are expressed in the comments areas are not our views, nor the views of any of our staff or our related entities. We accept no liability in respect of any material posted in the comments areas, nor are we responsible for the content and accuracy of that material.
If you place reliance on material posted on this site you do so at your own risk, and you indemnify us (and our related entities) from any liabilities, claims, costs, loss (including consequential loss) or damage suffered or caused by reason of your reliance on any material posted in the comments areas.
We retain the right and sole discretion (but not the obligation) at any time to edit, delete, reject or remove any comments and other material which you post or seek to post or any communication you make or seek to make using the communication tools on the Website.
You grant us a non-exclusive, royalty-free, perpetual, worldwide licence to republish any material you submit to us, without limitation, in any format.
We retain the right and discretion to terminate your account if we believe you are abusing the services in any way, or have breached these terms and conditions.
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 Customer Support Team Manager. Any changes to customer details should be provided in writing to the PropertyIQ Customer Support Team Manager, PropertyIQ, PO Box 4072, Wellington, or email firstname.lastname@example.org
PropertyIQ reserves the right to change its pricing at any time, by updating this Website.