1. APPLICATION OF TERMS
1.1. These Terms apply to your use of the Service (as that term is defined below). By setting up an account and/or accessing the Service:
a. you agree to these Terms; and
b. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2. If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.
2.1. We may change these Terms at any time by notifying you of the change by email or by posting a notice on the Website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Service from the date on which the Terms are changed, you agree to be bound by the changed Terms.
2.2. These Terms were last updated on 21 July 2017.
In these Terms:
Content means all content, data and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or uploaded or posted to the Service.
Fees, currently no Fees are payable for use of the Services.
FlatMateNetwork Software means the software owned by us (and our licensors) that is used to provide the Service.
Force Majeure means an event that is beyond the reasonable control of a party, excluding:
- an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
- a lack of funds for any reason.
- including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, potentially harmful, or unlawful in any way.
a party includes that party’s permitted assigns.
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
personal information means information about an identified or identifiable individual.
Service means the Website and the service having the core functionality described as FlatMateNetwork on the Website, as updated from time to time.
Underlying Systems means the FlatMateNetwork Software, IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third party solutions, systems and networks.
User means a person accessing or using the Service.
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Service.
We, us or our means FlatMateNetwork
Website means the internet site at flatmatenetwork.com, or such other site notified to you by us.
You or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
Words in the singular include the plural and vice versa.
A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
4.1. The Service is designed to enable Users to:
a. post listings of rooms for lease (including rental fees, photographs and descriptions);
b. search listings of rooms for lease;
c. contact other Users regarding listings; and
d. post and view content in relation to listings, and other website content.
4.2. We are not a real estate agent, landlord, property manager or tenancy tribunal. We play no part in the monitoring, preparation or (except as set out otherwise in these Terms) advertising of the listings. You acknowledge and agree that:
a. it is your responsibility to determine if, in the course of using the Service, you are carrying out any services or activities that are subject to any legal requirements;
b. you will comply with all legal requirements and obligations (including obligations to other Users) that relate to your use of the Service; and
c. we do not warrant or represent that your use of the Service will enable you to fulfil any legal obligations you may have.
4.3. You acknowledge that any interaction between you and another User, including any contractual relationship you enter into between you and that other User as a result of your use of the Service, is a matter directly between you and that other User. We are not a party to that interaction or that contractual relationship.
4.4. We do not undertake to monitor or verify Users, your Content, or content of other Users, in any way, including to verify the accuracy of any content, the suitability of any person or property, nor to perform background checks on any User. We provide the Service on an as is basis, and you use it at your own risk.
5. PROVISION OF THE SERVICE
5.1. Our provision of the Service to you is non-exclusive. Nothing in these Terms prevents us from providing the Service to any other person.
5.2. From time to time the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We will use reasonable efforts to publish on the Website advance details of any unavailability.
5.3. Through the use of web services and APIs, the Service interoperates with a range of third party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.
6. YOUR OBLIGATIONS
6.1. You must set up an account with us in order to post listings.
6.2. You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete. We may at our discretion accept or refuse to accept any application for an account.
6.3. If you set up an account with us, you will be given a User ID, you must keep your User ID secure and:
a. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b. immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to firstname.lastname@example.org.
6.4. You must:
a. use the Service in accordance with these Terms solely for:
i. your own purposes; and
ii. lawful purposes (including complying with the Unsolicited Electronic Messages Act 2007); and
b. not resell or make available the Service to any third party, or otherwise commercially exploit the Service.
6.5. When accessing the Service, you must:
a. not impersonate another person or misrepresent authorisation to act on behalf of others or us;
b. correctly identify the sender of all electronic transmissions;
c. not attempt to undermine the security or integrity of the Underlying Systems;
d. not use, or misuse, the Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Service;
e. not attempt to view, access or copy any material or data other than:
i. that which you are authorised to access; and
ii. to the extent necessary for you to use the Service in accordance with these Terms;
f. not place an unreasonable burden on, or post or upload an unreasonably large volume of Content to, the Service;
g. neither use the Service in a manner, nor transmit, store, upload or post any Content, that infringes any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading; and
h. access the Service via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, and any similar data gathering, extraction or monitoring method.
6.6. A breach of any of these Terms by a person using your User ID is deemed to be a breach of these Terms by you.
6.7. You are responsible for procuring all licences, authorisations and consents required for you to use the Service, including to store Content using, or upload or post Content to the Service.
6.8. You indemnify us against Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including as a result of any person who accesses and uses the Service by using your User ID.
7. CONTENT AND PRIVACY
7.1. You acknowledge and agree that:
a. we may access the Content to exercise our rights and perform our obligations under these Terms;
b. to the extent that this is necessary, we may authorise a member or members of our personnel to access the Content for this purpose;
c. we may use third party service providers to host the Website, and to provide data storage and other services to help us provide the Service. Those service providers may require access to the Content to provide their services to FlatMateNetwork;
d. any Content that you post to public forums on the Service (including blogs and feedback) may be viewed by third parties, unless stated otherwise;
e. any Content that you post as listings may be shared or re-published by us via FlatMateNetworks’ related social media accounts;
f. we and third parties may display advertisements on the Website, including alongside any Content; and
g. we may at our discretion make reasonable edits to Content for the purposes of correcting errors, improving clarity, and making other minor amendments.
7.2. You must arrange all consents and approvals that are necessary for us (and our service providers) to access and use the Content as described in clause 7.1.
7.3. You acknowledge and agree that to the extent that Content contains personal information, in collecting, holding and processing that information through the Service, we are acting as your agent for the purposes of the Privacy Act 1993 and any other applicable privacy law. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms.
7.4. We may not always undertake to back up Content or any other content, data or information stored using, or uploaded or posted to the Service by any person. You agree to keep separate back-up copies of all Content.
7.5. You agree that we may store Content (including any personal information) in secure servers in New Zealand and overseas and may access that Content (including any personal information) in those territories from time to time.
7.6. You are not required to provide personal information to us, although in some cases if you choose not to do so then we may be unable to make certain sections of the Service available to you. For example, you will need to provide certain requested personal information (e.g. email address and user name in order to register an account with us.
8.1. Currently no fees are payable for use of the Service
9. INTELLECTUAL PROPERTY
9.1. Subject to clause 9.2, title to, and all Intellectual Property Rights in, the Service and all Underlying Systems is and remains the property of us (and our licensors). You must not dispute that ownership.
9.2. Title to, and all Intellectual Property Rights in, the Content (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Content for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
9.3. To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual licence to use for our own business purposes any know-how, techniques, ideas, methodologies, and similar Intellectual Property used by us in the provision of the Service.
9.4. If you provide us with ideas, comments or suggestions relating to the Service or Underlying Systems (together feedback):
a. all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
b. we may use or disclose the feedback for any purpose.
9.5. You acknowledge that the Service may link to third party websites or feeds that are connected or relevant to the Service. Any link from the Service does not imply that we endorse, approve or recommend, or have responsibility for, those websites or feeds or their content or operators. Any third party websites or feeds are governed by the applicable third party terms and you must comply with those terms. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.
10.1. You warrant that you have full power and authority to enter into, and perform your obligations, under these Terms.
10.2. To the maximum extent permitted by law:
a. you access and use the Service at your own risk;
b. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Service, or your access and use of (or inability to access or use) the Service. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise;
c. all conditions, guarantees or warranties whether expressed or implied by statute or otherwise are expressly excluded and, to the extent that they cannot be excluded, our liability for any breach of that condition, guarantee or warranty is limited, at our option, to supplying the Service again, paying the costs of having the Service supplied again or refunding the Fees paid by you for the relevant part of the Service; and
d. without limiting any of the above paragraphs of this clause 10.2, we make no representation concerning the quality of the Service and do not promise that:
i. any content, data or information made available by the Service is complete, accurate or up to date; or
ii. the Service will:
- meet your requirements or be suitable for a particular purpose; or
- be secure, free of viruses or other harmful code, uninterrupted or error free.
10.3. We make no representation or warranty that the Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Service is not illegal or prohibited, and for your own compliance with local laws.
11.1. Our maximum aggregate liability under or in connection with these Terms or relating to the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to an amount equal to the greater of the Fees paid by you relating to the Service in the previous year and NZD100.
11.2. We are not liable to you under or in connection with these Terms or the Service for any:
a. loss of profit, revenue, savings, business, use, data (including Content), and/or goodwill; or
b. consequential, indirect, incidental or special damage or loss of any kind.
11.3. Clauses 11.1 and 11.2 do not apply to limit our liability under or in connection with these Terms for:
a. our fraud or wilful misconduct; or
b. where it is not possible at law for us to limit our liability.
12. TERM, TERMINATION AND SUSPENSION
12.1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Service (or any part of it).
12.2. Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
12.3. No compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any Fees that you have paid except to the extent required by law.
12.4. Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of the Service and/or delete, edit or remove the relevant Content if we consider that you have:
a. stored, posted or uploaded any Content that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is or may be Objectionable, incorrect or misleading; or
b. otherwise breached these Terms.
13. COMPLAINTS AND DISPUTE RESOLUTION
13.1. You must perform any contractual and other obligations you owe to any other User of the Service.
13.2. If you have any dispute with any other User, you must resolve that dispute directly with that other User.
13.3. If you believe that another User has breached these Terms, you may report that breach to us by contacting us at email@example.com. We do not represent that we will take any action in response to a complaint, however we reserve the right, at our discretion, to provide information (including copies of Content) to any authority for the purpose of investigation of any alleged wrongdoing and/or to any person for the purpose of resolution of a dispute between Users in connection with the Service.
14.1. If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
14.2. Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.
14.3. No person other than you and us has any right to a benefit under, or to enforce, these Terms.
14.4. For us to waive a right under these Terms, that waiver must be in writing and signed by us.
14.5. Subject to clause 7.3, we are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
14.6. As far as possible, these Terms, and any dispute relating to these Terms or the Service, are governed by and must be interpreted in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms or the Service.
14.7. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 6.8, 9, 11 and 13, continue in force.
14.8. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
14.9. Subject to clause 2.1, any variation to these Terms must be in writing and signed by us.
14.10. These Terms set out everything agreed by the parties relating to the Service, and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date.
14.11. You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent.