Reloops

PLATFORM TERMS OF USE

1. General

  1. Thank you for visiting our Website. Our Website provides a platform that connects Inspectors to Prospective Purchasers to facilitate the supply of Reports in relation to Listed Properties (Platform).
  2. When you use, visit or participate in our Website, Platform or Social Media Platforms, you agree that you have read, understood and accept these Terms of Use (Terms) and our Additional Terms and Policies, and agree to be bound by them together with all other applicable laws.
  3. We may amend, update, change or replace these Terms or the Additional Terms and Policies) at any time by publishing the changes on our Website. By continuing to use, visit or participate in our Website, Platform, Social Media Platforms, you continue to agree to these Terms and are bound by any changes to them and to the Additional Terms and Policies.
  4. We recommend you review these Terms each time you visit our Website or before you use the Platform.

2. Definitions

  1. In these Terms, unless the context requires otherwise:

Additional Terms and Policiesmeans our Privacy Policy available at https://www.reloops.co.nz/privacy-policy;

Company(“we”, “us” or “our”) means Reloops Limited (NZBN 9429052403934);

CGAmeans the Consumer Guarantees Act 1993;

FTAmeans the Fair Trading Act 1986;

GSTmeans New Zealand goods and services tax, payable in accordance with the New Zealand Goods and Services Tax Act 1985;

Inspectormeans any building inspector listed on the Platform from time to time that may be engaged to provide a Report(s) to Prospective Purchaser(s);

Listed Propertymeans any Property that is uploaded, submitted, or otherwise made available for listing on the Platform by a Vendor;

Listing Servicesmeans the listing services offered by the Company enabling Vendors to list a Property on the Platform for the purpose of facilitating the supply of Reports by Inspectors to Prospective Purchasers;

Platformmeans the online property platform operated by the Company accessible via the Website through which Prospective Purchasers may purchase Reporting Services and Vendors may purchase Listing Services;

Propertymeans any real property;

Prospective Purchasersmeans individuals or entities who access the Website for the purpose of potentially purchasing the Reporting Services in respect of a Listed Property;

Reportmeans the written building inspection report issued by an Inspector in respect of a Listed Property;

Reporting Servicesmeans the facilitation by the Company, through the Platform, of the supply of Reports by Inspectors to Prospective Purchasers in relation to Listed Property;

Servicesmeans any services supplied through our Website or Platform including without limitation any Reporting Services or Listing Services;

Social Media Platformmeans any social media page (such as Facebook, Youtube, Linkedin or Instagram) owned by, affiliated with or administered by us;

Vendormeans the person or entity that lists a Property on the Platform;

Websitemeanswww.reloops.co.nz; and

Youoryourmeans the individual using, visiting or participating in our Website, Platform, Social Media Platforms, or purchasing Services through the Platform, including (but not limited to) Vendors and Prospective Purchasers.

3. Access to, and use of, the Website

  1. You acknowledge that we may, in our absolute discretion, impose minimum requirements in relation to the following:
    1. who may be given access to the Website (and to Services on the Platform) (Access) and the manner in which you may effect such Access; and
      1. the information which you must provide to us in relation to your Access.
  2. You must, at your own cost, meet any Access requirements we may issue to you including, without limitation, in relation to hardware, software and communications requirements.

4. Reporting Services

  1. The Platform facilitates the delivery of Reports prepared by Inspectors to Prospective Purchasers in respect of Listed Properties. All information on the availability, timing, and nature of Reports may vary depending on Inspectors’ capacity, the Listed Property, any access requirements set by the relevant Vendor and any terms and conditions in the Report.
  2. The Company does not guarantee the availability of any Report or any indicative timeframe provided for delivery of a Report. Any timeframes or service descriptions displayed on the Website are indicative only and are subject to confirmation by the Inspector.
  3. The Company does not perform inspection services and is not responsible for the content, accuracy, completeness, timeliness, reliability or suitability of any Report or other materials prepared by Inspectors. To the maximum extent permitted by law, the Company disclaims all liability arising out of or in connection with any Report.
  4. The Prospective Purchaser acknowledges and agrees that:
  5. we are not a party to any transaction between a Prospective Purchaser and an Inspector, and our role is limited to providing a Platform facilitating the supply of Reports to Prospective Purchasers; and
  6. the listing of any Inspector on the Platform does not constitute an endorsement, representation or recommendation by us in relation to that Inspector; and
  7. it is responsible for conducting its own investigations on the suitability and qualifications of any Inspector prior to engaging Reporting Services.

5. Refund Credits

  1. The original purchaser of a Report through the Platform (Original Purchaser) may be eligible to receive certain refund credits in accordance with these Terms.
  2. An Original Purchaser may be eligible to receive a credit of up to NZD$250 for each subsequent purchase of the same Report for the same Listed Property by a subsequent Prospective Purchaser (Refund Credits).
  3. Refund Credits will accrue up to, but not exceeding, the total amount paid by the Original Purchaser for the Report. Refund Credits are only payable upon receipt by the Company of cleared funds from a subsequent Prospective Purchaser and will be paid to the Original Purchaser within 5 working days of receipt by the Company.

6. Listing Services

  1. The Company is not a real estate agency and provides the Listing Services solely to facilitate the delivery of Reports prepared by Inspectors to Prospective Purchasers. The Vendor is responsible for the accuracy of the details for the Listed Property at all times.
  2. All Listed Properties on our Platform must meet our minimum requirements (as notified by us at our sole discretion from time to time). To qualify as a Listed Property, each submitted listing must specify:
  3. a minimum of three (3) images of the Property;
  4. the valid address of the Property;
  5. the number of:
    1. bedrooms;
      1. bathrooms;
      2. car park spaces (if any); and
      3. living rooms,

    in relation to the Property;

  6. the floor area of the Property;
  7. the age of the current dwelling on the Property; and
  8. the legal ownership of the Property i.e. freehold, unit title and/or cross lease noting that the Platform does not facilitate leasehold Properties that are being advertised for lease.
  9. By submitting a Property to the Platform, the Vendor warrants that:
  10. the Vendor is the registered proprietor of the Property or is duly authorised by the registered proprietor to list the Property on our Platform;
  11. all information, statements, representations provided by the Vendor in respect of the Property are true, accurate, not misleading or deceptive, contain no material omissions and can be relied upon by Inspectors and Prospective Purchasers using the Platform; and
  12. all images, plans, and documents in respect of the Property are owned by the Vendor or the Vendor has the right to use and publish the materials on our Platform.
  13. By submitting a Property and related information and details to the Platform, the Vendor consents to the Company using all such information to promote the Platform, in any media or on any other platform, in particular through the internet or on our Social Media Platforms.
  14. The Vendor agrees to provide reasonable access to the Listed Property to Inspectors for the purposes of preparing a Report.
  15. We may remove or suspend listings that breach these Terms or the Additional Terms and Policies.

7. Payment

  1. Where you purchase Reporting Services through our Platform:
    1. your nominated payment option will be debited immediately; and
      1. the Report you have purchased will be delivered to your nominated email address once payment has been received by us in full, clear and non-reversable funds.
  2. Where you purchase Listing Services through our Platform:
  3. your nominated payment option will be debited immediately; and
  4. the Property will be listed on the Platform once payment has been received by us in full, clear and non-reversable funds.
  5. Unless otherwise agreed between us, any prices displayed on our Platform are exclusive of GST.

8. Processing Payments and Security

  1. Any payment transactions may be subject to fraud management checks, to help protect our customers and reduce our exposure to fraud. We may hold your order for approval before your order is confirmed. Your order will be accepted once we are satisfied the transaction can be confirmed as legitimate. We reserve the right to reject any order where you are unable to verify your payment method or do not respond to any of our reasonable concerns.
  2. It is critical to us that your payment information is secure. We use Stripe, LLC to process online orders. All payments made via our Platform and/or Website are processed in an SSL (Secure Socket Layer) environment where information is encrypted to protect your privacy.
  3. When you make a payment on our Website or Platform, including where you authorise any third party gateway provider including Stripe, LLC to make that payment, you acknowledge that providing your bank account details or credit card information to that third party provider may be in breach of the banking terms and conditions attached to your account and issued by your financial institution. You indemnify us for any charges or loss incurred by us as a result of your financial institution declining your payment for the Services.
  4. You acknowledge that, while we take all reasonable precautions to ensure the safety of internet transmissions on our Website and Platform, they are susceptible to fraud and hacking by unauthorised third parties. You understand that we will not be liable for any interception, hacking or unauthorised use of card payment information you submit to our Website, Platform or to any third party gateway provider.

9. Disclaimers

  1. The information presented on or through our Website or the Platform is made available solely for general information purposes.
  2. In relation to Reports made available through the Platform, you acknowledge and agree that:
    1. prices of Reports may change;
      1. all Reports are subject to availability of Inspectors;
      2. description of Reports are general summaries only and may be subject to additional terms and conditions stipulated by the Inspector.
  3. In relation to the Services, or to any information, statements or opinions expressed on our Website or Platform (Website Content) you acknowledge and agree that:
    1. any Website Content is for general information purposes only;
      1. the Website Content does not account for your specific needs, objectives or circumstances and should not be taken as advice;
      2. any reliance you place on our Website Content is at your own risk – before you act on it we recommend you consider whether it is appropriate for your own circumstances, carry out your own research and seek professional advice where appropriate; and
      3. due to technical or human error, information or Website Content may be recorded incorrectly or omitted.
  4. Any reliance you place on our Website Content is strictly at your own risk. To the extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to our Website, or by anyone who may be informed of any of its contents. We reserve the right to correct errors in any such information.
  5. While we take all reasonable steps to ensure the safety of this Website, we do not warrant or represent that this Website is or will be free or secure from viruses or other malicious code.
  6. We reserve the right to alter or update our Website, and any information we provide on our Website. We reserve the right to correct any error on our Website, including any errors in relation to pricing.
  7. You agree that from time to time we may suspend access to our Website or our online store for indefinite periods of time, or cancel your access to our Website, our online store and our products at any time, without notice to you.
  8. Your use of our Website is at your sole risk, and this Website is provided on an “as available” basis. We provide no warranty that:
    1. our Website and your access to our online store will be uninterrupted, timely, secure, or error-free;
      1. the quality of any services, information, or other material provided to you through our Website will meet your expectations; or
      2. any errors on our Website will be corrected.
  9. These exclusions do not affect any consumer rights which may not be excluded under the CGA.

10. User Warranties

  1. You warrant that:
    1. you will only access and use the Website and the Platform strictly in accordance with the uses permitted by us, and otherwise in accordance with our instructions, manuals and/or other requirements, issued by us from time to time;
      1. you will retain any printed records only in connection with the purpose for which they were prepared and in accordance with timeframes prescribed by law;
      2. you will not use any device, software or process to interfere or attempt to interfere with the proper working of the Website or the Platform (including introducing any virus or worm or other malicious code), or any transaction or process being conducted on or through it;
      3. you will not reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formulae or processes in respect of the software underlying the infrastructure and processes associated with the Website or the Platform;
      4. you will not copy, reproduce, adapt, alter, transmit, modify, create derivative works of, make use of any part of, or publicly display, any part of any content from the Website or the Platform (or any trade mark, service mark or logo or other form of intellectual property used on the Website or the Platform (Intellectual Property)), without our prior written permission (and you expressly acknowledge that any Intellectual Property on our Website and the Platform is exclusively owned or licensed by us);
      5. you will not breach any copyright or Intellectual Property rights connected with the Website or the Platform;
      6. you will not use the Website or the Platform for any unlawful purpose or activity nor will you post or submit any hate speech or similar derogatory content to the Website or the Platform;
      7. you will comply with all applicable obligations under the CGA and the FTA;
      8. the information you have provided in creating your account with us or listing any Listed Property is accurate and correct and that you will maintain and update your information to ensure that it is correct at all times;
      9. you have made your own enquiries and you have not relied on us in assessing the risks of communicating with us via the Website or the Platform; and
      10. you have read and understood these Terms and have the legal capacity to enter into them before using our Website or the Platform.

11. Security

  1. You must ensure that all logons, identifiers, passwords or other access methods (Passwords) given to you by us and used by you in connection with your access to, and operation of, the Website or the Platform, are kept secure and confidential, and that unauthorised persons do not have access to terminals at which the Website or the Platform may be accessible. You will be deemed to have authorised any transaction in which a Password is, or has been, used to gain access to the Website or the Platform.
  2. You must notify us immediately:
    1. on becoming aware that the security of any Password used in the operation of the Website has, or may have become, compromised or that unauthorised transactions have, or may have, been initiated via the Website or the Platform;
      1. if you, or anyone associated with you, ceases (for any reason) to be authorised by us to use the Website or the Platform; and
      2. if an error, unauthorised transaction or discrepancy occurs in connection with your use of the Website or the Platform.

12. User Generated Content

  1. Where you upload or submit content to our Website, Platform or Social Media Platforms, you grant permission for us to feature your content (this includes any images, photos, videos, text, graphics or other content you have published, submitted or uploaded directly to our Social Media Platforms).
  2. You agree to grant us an unlimited, non-exclusive, worldwide, royalty-free, perpetual right and license to edit, reproduce, publish, modify and otherwise use your content in connection with any advertising, publicity, promotional and marketing activities related to our business.
  3. You acknowledge and agree that our use of your content is without compensation or payment. You also grant us the right to publish your social profile information or any other information you have submitted in connection with any use of your content including but not limited to your name, username, profile picture and original caption.
  4. Use of your content by us does not imply any endorsement or affiliation with you.
  5. You retain ownership, copyright and Intellectual Property rights that you have in relation to your content. We will endeavour to credit you when your content is published or reproduced where practicable.
  6. You release, discharge and agree to hold us harmless from any liability (including any third party claims) related to the use of your content.
  7. These Terms, together with the Additional Terms and Policies, contain all the terms agreed between us relating to use of your content.

13. Limitation of Liability

  1. You expressly understand and agree that to the maximum extent permitted by law, we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data or other intangible losses resulting from your use of our Services, Website or Platform or your reliance on any Website content or Reports provided by Inspectors other than where such loss arises directly as a result of our own negligence, fraud or wilful default.
  2. Without limiting clause 13.1, the Company shall not be liable for:
  3. your access to, use of, or inability to access or use the Platform; or
  4. any hacking, tampering, or other unauthorised access or use of the Platform that causes you loss; or
  5. any act, omission, or default of a third party; or
  6. any loss or damage arising by reason of any delay in the completion or delivery of Reports by an Inspector; or
  7. your reliance on any Report or any statements, representations or information made by an Inspector or Vendor in respect of a Listed Property (whether pursuant to a Report or otherwise); or
  8. any statements, representations, or information made by an Inspector or Vendor in respect of a Listed Property (whether pursuant to a Report or otherwise); or
  9. any loss of profits or any indirect or consequential loss of whatever nature arising in connection with the Reporting Services or Listing Services; or
  10. any loss resulting from any errors or omissions arising from incorrect information provided by the Inspector in a Report; or
  11. any breach of the CGA, the Privacy Act 2020 or the FTA by an Inspector.
  12. The Company’s liability to you for any and all costs, loss or damage suffered by you, however caused (including negligence), arising out of or connected with any Report or the Services provided shall not exceed the price of the relevant Listing Services or Reporting Services purchased.

14. Indemnity

  1. You agree to indemnify and hold harmless, the Company, our directors, employees, agents, contractors and affiliates, from and against any losses, damages, costs, liabilities and expenses (including reasonable legal expenses), and any claim or demand made by any third-party due to, or arising out of or in connection with:
  2. your breach of these Terms;
  3. your use or misuse of the Platform;
  4. the accuracy or reliability of any information provided in relation to a Listed Property;
  5. your use of any Report; and
  6. the rights of any third-party, including but not limited to any third-party claim alleging infringement, misappropriation, violation of privacy or publicity rights, or other violation of third-party rights.

15. Disputes

  1. Dispute Resolution Meeting: Where there is a genuine dispute involving the Platform, the Services or these Terms (Dispute), a party may give notice (Dispute Notice) to the other party specifying the subject matter of the Dispute and requiring that the parties meet in person or by video or telephone conference within 10 working days after delivery of the Dispute Notice, to attempt to resolve the Dispute (Dispute Resolution Meeting).
  2. Mediation: If the parties fail to resolve the Dispute at the Dispute Resolution Meeting, or if a party to the Dispute fails or refuses to attend a Dispute Resolution Meeting within the 10 working day period referred to in clause 15.1, or at the time and venue agreed in writing between the parties, then any party involved in the Dispute may, by notice to the other party involved in the Dispute, refer the Dispute to mediation by a single mediator agreed upon in writing by them or (if they are unable to agree on a mediator within 10 working days after the submission to mediation) nominated by the President (or his or her delegate) for the time being of the New Zealand Law Society (Mediation). In the event of any submission to Mediation:
  3. the Mediation will be held in Auckland, New Zealand;
  4. the mediator will not be acting as an expert or as an arbitrator;
  5. the mediator will determine the procedure and timetable for the mediation; and
  6. the parties involved in the Dispute will share equally the cost of the Mediation.

16. Jurisdiction

  1. These Terms are governed by the laws of New Zealand and you submit irrevocably and unconditionally to the exclusive jurisdiction of the courts of New Zealand.

17. Severability

  1. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

18. Consumer Guarantees Act 1993 and Fair Trading Act 1986

  1. Where any Services are acquired for the purposes of a business, then all guarantees, warranties, rights or remedies implied by the CGA, sections 9, 12A and 13 of the FTA, or any similar statutes are expressly excluded to the maximum extent permitted by law and the parties agree that it is reasonable for such sections to be excluded.

19. Contact Information

  1. We are committed to helping you have a safe and enjoyable online experience.
  2. Should you have any questions or feedback, please feel free to contact us:Email: hello@reloops.co.nz