Terms and Conditions
1.0 Calibre Real Estate and its related companies corporate of Ground Floor, 95 Manukau Road, Epsom, Auckland (we, our, us), maintains this website and all associated microsites (collectively Website) for your information and convenience. This document sets out the terms and conditions that govern the use of this Website (Terms). Please review these Terms carefully, especially the disclaimer and limitation of liability sections. By accessing this Website (other than to read these Terms for the first time), you accept and agree to these Terms. You must not use this Website if you do not agree with these Terms.
1.1 The Website is prepared for use by users in New Zealand, and may not satisfy the laws of other countries. You should not use this Website if you do not reside in other countries unless you are a New Zealand citizen.
1.2 To the extent permitted by law, we may change these Terms at any time. Please check these Terms at regular intervals for any changes. In the case of any breach of these Terms, we reserve the right to seek all remedies available at law or in equity.
2.0 Use of this Website
2.1 The use of this Website is at your own risk. You are responsible for all of your activity in connection with accessing and using this Website.
2.2 You must not use this Website for any activities that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes promulgated by any relevant authority. You must not distribute through this Website any inappropriate communication or any virus or other disabling code in any form.
2.3 You must not bypass any security mechanisms imposed by this Website, or tamper with, hinder the operation of or make unauthorised access or modifications to this Website.
3.0 User Logins and Passwords
3.1 Access to the Calibre website and its services are restricted to registered users only. You are solely responsible for maintaining the confidentiality of your password and login details and must notify Calibre Real Estate Limited if the password is lost, stolen or may have been otherwise compromised. You must immediately notify us of any unauthorized use of your account or any other breach or attempted breach of security known to you in relation to the Calibre website or the services.
3.2 We reserve the right to suspend or terminate your password and access to the services in our sole discretion at any time, for any reason should we believe the security of our site has been compromised.
4.0 Changes to Services
4.1 We may make modifications or changes to the website and/or the services (which changes may or may not affect the functionality and/or your ability to use the website and/or the services without notice to you at any time and in our sole discretion.
4.2 As your access to the use of the website and services is internet based. It may be affected by limitations, delays, interception and other problems inherent to the use of the internet and electronics communications. We are not responsible for any delays, interception, delivery failures or any other loss or damage following from such problems.
5.0 Disclaimers relating to the Website
5.1 We do not warrant that access to this Website will be uninterrupted, or that the services and features offered on this Website will be error-free. We reserve the right to change or discontinue any feature on this Website, the availability of this Website and the software required to access it.
5.2 The information on this Website is provided for information purposes, general interest and enquiry only. While we use reasonable efforts to ensure that the information on this Website is complete and up to date, to the extent permitted by law, we make no warranty or representation as to the accuracy, currency or completeness of any information on this Website. Information may change without notice. Before relying on any information on this Website, you should first verify the accuracy of the information and its relevance. This may mean contacting our personnel or real estate agents before relying on any information on this Website.
5.3 To the extent permitted by New Zealand law, we exclude all other warranties, guarantees, terms and conditions (whether express, implied or statutory) relating in any way to this Website, its content or its use. Our liability for breach of any warranty, guarantee, term or condition implied into these Terms which cannot be excluded is limited, where permitted by law, to the re-supply of that part of this Website again or, at our option, the payment of the costs of having an equivalent service supplied again.
6.0 Third Party Content
6.1 This Website may contain information and materials from third parties, including public comments, advertisements, feeds, data information, social media content and links to other websites (Third Party Material). We do not have control over, and are not responsible for, any Third Party Material (including its currency, accuracy or reliability). Unless expressly stated otherwise, we do not sponsor or endorse the Third Party Materials.
6.2 Without limiting the above, certain features of the Website aggregate Third Party Materials to produce results for you. We rely on third parties to supply the Third Party Materials and we therefore do not warrant the quality or accuracy of the results. To the extent permitted by law, we have no liability arising out of any results or recommendations produced by the Website, and you are responsible for the final choice of any property that you may choose.
7.0 Limitation of Liability
7.1 To the fullest extent permitted by applicable law, we exclude all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, loss of profit, loss of reputation or loss of business arising in relation to the use or reliance of any part of this Website or any information on this Website (including any Third Party Materials, any recommendations or results generated by the Website, the inability to use any part of this Website or the features on this Website), whether or not it is caused by our negligence, and whether or not the possibility of loss was known to us.
7.2 To the extent possible within New Zealand law, Calibre’s liability is further limited to the re-supply of services or the equivalent dollar value thereof.
8.1 We take reasonable steps to protect the information that you transmit using this Website. However, we cannot guarantee the security of any information that you transmit to us using this Website. Therefore, any information you transmit using this Website is transmitted at your own risk. When using this Website, you must take precautions to ensure that you are not exposed to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any such interference or damage to your systems which arises in connection with your use of this Website.
9.0 Intellectual Property
9.1 Unless otherwise indicated, we own or are licensed to use all intellectual property (including without limitation copyright, trade mark and designs) subsisting in the materials on this Website. To the extent allowed by law, no part of this Website may be scraped, reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
9.2 All names, logos and trade marks on this Website are the property of their respective owners. Nothing on this Website should be interpreted as granting any rights to commercial use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
10.0 Consent to the collection and use of personal data
10.2 User Obligations
You hereby acknowledge, understand and agree that your use of this Website will be in accordance with applicable law, including but not limited to the fact that you shall not host, display, upload, modify, publish, transmit, update or share any information that:
1. belongs to another person and to which you do not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harms minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonates another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
11.0 Prohibited Conduct
11.1 You must not:
o Use the Site for any activities, or to post or transmit any material from the Site:
unless you hold all necessary rights, licences and consents to do so;
that infringes the intellectual property or other rights of any person;
that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
that defames, harasses, threatens, menaces, offends or restricts any person;
that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
that would bring us, or the Site, into disrepute.
o Interfere with or inhibit any user from using the Site;
o Use the Site to send unsolicited email messages;
o Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
o Facilitate or assist another person to do any of the above acts.
11.2 Copyright and Intellectual Property Rights
11.2.1 Our Site contains material which is owned by or licensed to us and is protected by New Zealand and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.
11.2.2 You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your use of the Site does not grant you a license, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.
You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:
11.3.1 you must make no alterations to the material;
11.3.2 you must attribute the material to our Site, including linking back to our Site where possible; and
11.3.3 you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.
12.0 Third Party Links and Websites
This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
13.0 Reservation of Rights
We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
14.0 Delays and Outages
We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
15.1 You must be at least 18 years old to purchase any products or services through the Site. By signing up to purchase any products or services (Purchase) you represent that you are of sufficient legal age and, where applicable, of sufficient authority within your organisation, to create binding legal obligations for any liability you or your organisation may incur as a result of making the Purchase. We do not warrant or guarantee the availability of any products or services.
15.2 We are under no obligation to accept a Purchase. We will be deemed to have accepted a Purchase when or if you receive email confirmation. You may not cancel a Purchase once it has been accepted by us. We may decline to accept a Purchase or we may cancel a Purchase in our absolute discretion, including without limitation, if:
15.2.1 You fail to pay any sum payable by you in relation to the Purchase when due, in full or in part;
15.2.2 The products or services are unavailable;
15.2.3 There is an error in the price or description of the products or services; or
15.2.4 We believe you are in breach of these Terms.
15.3 Unless stated otherwise, all prices shown on the site are in New Zealand dollars and are plus GST.
15.4 Information in relation to the supply and/or delivery of the products and services will be communicated to you in writing at the time making a Purchase, and in some cases, after a Purchase has been accepted. Any timeframes for delivery or supply stated on the Site or otherwise communicated to you are estimates only. While we will endeavour to meet such timeframes, we do not provide any guarantee that products or services will be delivered or supplied within any such timeframe and any such delay does not therefore constitute a breach or failure on our part, nor shall we be responsible for any loss or damages arising from such delay.
16.0 Refund Policy
16.1 In the event that you purchase products or services via our website and that we fail to provide those goods or services within 60 days to you, we will refund the payment you have made, unless you have failed to provide information or have somehow impeded us from being able to facilitate such services or product.
16.2 This refund policy specifically excludes any commission fees or administrative fees. In the event of any dispute pertaining to commission fees they must be resolved under the Dispute Resolution Procedure as contained within the relevant Agency Agreement.
17.0 Limitation of Liability
17.1 To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.
17.2 To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the New Zealand Consumer Law to the extent applicable.
18.1 The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time. While we endeavour to keep the Site and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
18.1.1 the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
18.1.2 Third Party Information; or
18.1.3 Third Party Sites
18.2 You read, use, and act on information contained on the site, Third Party Information and/or Third-Party Sites, strictly at your own risk.
19.1 By using the Site, you irrevocably agree to defend and fully indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
19.1.1 your use of or access to the Web Site;
19.1.2 any breach by you of these Terms; or
19.1.3 any willful, unlawful or negligent act or omission by you.
19.2 This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
20.1 You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using this Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use this Site. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach the Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.
21.0 Exclusion of Competitors21.1 You are prohibited from using our Site, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our Site and Information, in our sole discretion.
22.1 If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.
23.1 The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.
You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
Your use of this Site and any dispute arising out of your use of it is subject to the laws of New Zealand. These Terms are governed by the laws of New Zealand and subject to the exclusive jurisdiction of the courts operating in New Zealand. The Site may be accessed throughout New Zealand and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access the Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that breach or subsequent or similar breaches. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
24.4 If you use the Site for business or commercial purposes, then you agree that the Consumer Guarantees Act 1993 shall not apply to your use of, or reliance on, the Site.