Terms & Conditions

In conjunction with the Subscription Form, the Contract governs the Subscription Services provided by Home Review through the online platform on the App, specifically relating to tenants ratings in New Zealand.

We shall, during the Subscription Period, provide the Subscription Services to you subject to the following:

1. We will provide all upgrades to the Subscription Services and inform of any updated requirements to run the online portal.
2. We shall use commercially reasonable endeavours to make the Subscription Services available at all times during the Subscription Period, except for emergency maintenance performed, planned maintenance and installation of upgrades, provided that We have used reasonable endeavours to give You notice in advance.
3. Where We are undertaking planned maintenance We will provide You with 24 hours' notice of the Subscription Services becoming unavailable due to maintenance.
4. The Subscription Services We will provide for You will be described in the Subscription Form, detailing the proposed plans, minimum term and associated cost.
5. Once the Subscription Form is submitted by you, there is two (2) Working Day turnaround to commencement of the Subscription Services.

All our Subscription Services are in New Zealand dollars and exclude GST.

Notwithstanding clause 4.1 above, You shall pay GST and all other taxes and duties accessed or levied in connection with the supply of Subscription Services (other than income tax) that may be payable by us in respect of the supply of the Subscription Services to you at the same time as payment for such Subscription Services is due.

By submitting the Subscription Form, You agree to pay the price of the Subscription Services based on the plans You choose and any variations that may apply.

For Subscription Services with a monthly Subscription Fee, payment is due thirty (30) days in advance and is non-cancellable and non-refundable for the period that it has been paid.

For Subscription Services with an annual Subscription Fee, payment is due every twelve (12) months in advance and only refundable in accordance with clause 11.1(b).

In cases of failed or non-repayment, You will be notified by Us and Your account will enter into a seven (7) days grace period, during which time your access will remain active while We attempt to reprocess payment.

If payment is not received within seven (7) days after You have been notified, Your account will be suspended and access to the Subscription Services will be restricted.

If payment is not received for thirty (30) consecutive days, Your subscription will be terminated and Your Data may be deleted.

You may reactivate Your subscription at any time by updating your payment information and resubscribing. Your Data may not be recoverable if termination has occurred under clause 5.5.

Subject to You paying Our Subscription Fee for all Authorised Users and the terms of the Contract, We hereby grant to you a non-exclusive, non-transferable licence for your Authorised Users to use the Subscription Services during the Subscription Period.

You shall not except to the extent expressly permitted in the Contract, attempt to copy, duplicate, republish, download, or distribute all or any portion of the Subscription Services in order to:

1. build a product or service which competes with our Subscription Services; or use the Subscription Services to provide the same to third parties; or
2. license, sell rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit or otherwise make the Subscription Services available to any third party except the Authorised Users.

Each party must comply with its obligations under the Privacy Act 2020 and any other applicable privacy, data protection, or information security laws in connection with the Contract, the App, the Subscription Services, Personal Information, and Tenant Information.

We will collect, use, store, disclose, retain, protect, and otherwise handle Personal Information in accordance with the Privacy Policy, the Privacy Act 2020, and the Contract.

You must ensure that, before uploading, submitting, rating, reviewing, disclosing, or otherwise making available any Tenant Information through the App, you have:

1. collected that Tenant Information lawfully and fairly;
2. provided all privacy notices required by law;
3. obtained all consents required by law, including a valid and informed Tenant Consent Form where applicable;
4. ensured the Tenant Information is accurate, relevant, current, complete, and not misleading; and
5. authority to provide that Tenant Information to us and to make it available through the App for the purposes of the Subscription Services.

You must not submit any Tenant Rating unless it is accurate, relevant, current, fair, complete, not misleading, and based on genuine tenancy-related experience.

Where temporary upload of identifiable tenant Personal Information before the required consent is obtained is operationally necessary, You must ensure that the Personal Information remains de-identified and inaccessible for tenant-rating, tenancy risk assessment, tenancy history verification or review purposes until the required consent has been obtained.

You must use Personal Information and Tenant Information obtained through the App only for legitimate tenancy-related purposes and in accordance with the Contract, the Privacy Policy, the Tenant Consent Form, and applicable law.

You must not download, copy, scrape, publish, sell, redistribute, disclose, misuse, or otherwise exploit Personal Information or Tenant Information except as expressly permitted by the Contract or required by law.

You must promptly notify us of any actual or suspected Privacy Breach, unauthorised use, inaccurate Tenant Information, complaint, dispute, access request, correction request, or regulatory enquiry relating to the App, the Subscription Services, Personal Information, or Tenant Information.

You must provide reasonable assistance to us in responding to any access request, correction request, privacy complaint, tenant dispute, Privacy Commissioner enquiry, Privacy Breach, or other privacy-related matter.

We may suspend, restrict, remove, correct, moderate, or disable access to any Tenant Information, Tenant Rating, account, or Subscription Services where we reasonably consider it necessary to protect privacy, security, accuracy, legal compliance, or the integrity of the App.

You warrant that:

1. You have complied with the Privacy Act 2020;
2. all tenant notices and consents have been properly obtained;
3. all Tenant Information is accurate, current, complete, relevant, fair, and not misleading;
4. all Tenant Ratings are accurate, relevant, current, fair, complete, not misleading, and based on genuine tenancy-related experience;
5. you have authority to upload and disclose Tenant Information through the App;
6. you have authority to upload and disclose Tenant Information through the App.

We shall not be liable to You:

1. Under the law of contract, tort, equity or otherwise, including any breach of statutory duty or warranty, for any damages arising out of or in connection with the Contract that are indirect (meaning not arising in the ordinary course as a direct, natural or probable consequence of the act or omission complained of), regardless of the cause of such damages or whether You had been advised of the possibility of such damage. For the avoidance of doubt, indirect loss includes loss of profits, loss of savings, loss of revenues, loss of opportunity or loss of data.
2. For any costs, losses, legal proceedings, harm or damage suffered or incurred by You as a consequence of or relating to the information provided by other Authorised Users on the App.
3. For any claims resulting from Our delay or failure in the performance of any obligations or the exercise of any right as a result of a Force Majeure Event.

Our liability and warranty under the Contract are limited as follows:

1. Where You acquire the Subscription Services from Us for commercial purposes or in trade, Our liability under any statutory right or any condition or warranty, including any implied by the CGA or similar Act or regulations is, to the maximum extent permitted by law, excluded and You are entering into this Contract replying on Your own judgement as to the nature, quality and condition of the Subscription Services supplied by Us.
2. Notwithstanding any other provisions of the Contract, Our liability shall be limited in the aggregate to the amount paid by You under the Contract in the 12-month period immediately preceding the event giving rise to the claim.

Nothing in the Contract excludes, limits, restricts or is intended to derogate from any right or remedy which You may have pursuant to the CGA if you are a consumer as defined in the CGA who requests the Subscription Services for personal use.

Other than expressly provided in the Contract, we make no warranties or representations as to the state, quality or fitness of the Subscription Services for any purpose.

You irrevocably indemnify Us and Our directors, officers, employees, contractors and agents from and against all losses, damages, liabilities, claims, proceedings, costs and expenses, including legal costs on a full indemnity basis, arising out of or in connection with:

1. any breach of the Contract by You or any Authorised User;
2. any breach of the Privacy Policy, Tenant Consent Form, Privacy Act 2020 or any applicable privacy, data protection, tenancy, consumer or confidentiality law by You or any Authorised User;
3. any failure by You or any Authorised User to obtain, maintain or provide evidence of any required consent, privacy notice, authority or lawful basis for collecting, using, uploading, disclosing, rating or reviewing Personal Information or Tenant Information;
4. any Personal Information, Tenant Information, Tenant Rating, review, comment, feedback or other content uploaded, submitted or disclosed by You or any Authorised User that is inaccurate, misleading, incomplete, out of date, defamatory, discriminatory, unlawful, unfair or not based on genuine tenancy-related experience;
5. any misuse, unauthorised access, disclosure, copying, scraping, downloading, publication, sale, redistribution or other unauthorised use of Personal Information, Tenant Information, the App or the Subscription Services by You or any Authorised User;
6. any Privacy Breach caused or contributed to by You or any Authorised User; and
7. any third-party claim arising from Your or any Authorised User's use of the App or Subscription Services, including any privacy, confidentiality, intellectual property, tenancy, defamation or discrimination claim.

This clause 10 survives termination or expiry of the Contract.

You may terminate this Contract at any time through your account settings, subject to the following:

1. For monthly subscriptions, your account will remain active till the end of the then current Subscription Period and no refund will be payable.
2. For annual subscriptions:
   1. If you terminate within the Cooling-Off Period, you may request a refund equal to nine (9) months of Your Subscription Fee; and
   2. If you terminate after the Cooling-Off Period, your account will remain active until the end of the then current Subscription Period and no refund will be payable.

We may suspend, restrict or terminate Your access, or any Authorised User's access, to the App or Subscription Services, with or without notice, if We reasonably consider that:

1. You or any Authorised User has breached, or may breach, the Contract, the Privacy Policy, the Tenant Consent Form, the Privacy Act 2020 or any applicable law;
2. any Subscription Fee or other amount due under the Contract is unpaid;
3. You or any Authorised User has uploaded, submitted, used or disclosed Personal Information, Tenant Information, Tenant Ratings, reviews, comments, feedback or other content without valid consent, lawful authority or required privacy notice;
4. any Tenant Information, Tenant Rating, review, comment, feedback or other content submitted by You or any Authorised User may be inaccurate, misleading, incomplete, out of date, defamatory, discriminatory, unlawful, unfair or not based on genuine tenancy-related experience;
5. You or any Authorised User has misused, copied, scraped, downloaded, published, sold, redistributed or unlawfully disclosed Personal Information, Tenant Information, the App or the Subscription Services;
6. You or any Authorised User has caused, contributed to, or failed to assist Us in relation to, any Privacy Breach, security incident, unauthorised access, data loss, fraud, unlawful activity, complaint, dispute, regulatory enquiry or investigation;
7. You suffer an Insolvency Event, or an Event of Default or Force Majeure Event occurs;
8. suspension, restriction or termination is necessary to protect privacy, security, legal compliance, accuracy, fairness, or the integrity or reputation of the App or Subscription Services; or
9. We are required or permitted to do so by law, a regulator, court, tribunal or other competent authority.

During any suspension or restriction, We may also remove, correct, moderate, disable, quarantine or restrict access to any Personal Information, Tenant Information, Tenant Rating, review, comment, feedback, content, account or functionality where We reasonably consider it necessary or appropriate.

Termination does not affect any rights, remedies, obligations or liabilities accrued before termination.

If a dispute arises, the party who raises it shall, within 5 Working Days of the matter giving rise to the dispute, give written notice to the other party setting out the details of the dispute. The parties shall then within 15 Working Days resolve the dispute in good faith.

If negotiations do not resolve the dispute, then either party may within 15 Working Days refer the dispute to a mediator agreed between the parties or (if failure of agreement) appointed by the President of the New Zealand Law Association.

Each party shall bear their own costs of the mediation. If the dispute is not resolved through mediation then either party may exercise any legal rights which may be available to it.

Each party shall use its reasonable endeavours to ensure that, where a dispute is reasonably foreseeable, it is dealt with at a sufficiently early stage to ensure that there is minimum effect on the ability of any party to perform its obligations under the Contract.

These terms shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.

Any reference to legislation is a reference to that legislation as amended, re-enacted or replaced and includes any subordinate legislation or statutory instrument issued pursuant to that legislation as it may have been amended, re-enacted or replaced.

Unless expressly provided herein, any amendments or modifications to the Contract must be made in writing and agreed upon by both parties, except that We may amend the Contract in accordance with clause 1.2.

Where We have rights and remedies at law or otherwise in addition to the rights set out in the Contract, those rights and remedies will continue to apply.

Our failure to enforce any of the terms of the Contract shall not be deemed to be a waiver of any of the rights or obligations We have under the Contract.

If any terms of the Contract or part thereof are held to be invalid, illegal, unenforceable or void for any reason or reasons, all of the remaining Contract (or part thereof) shall remain in full force and effect.

The Contract constitutes the entire agreement between You and Us with respect to Your engagement of the Subscription Services, and replaces all prior understandings or agreements, written or oral, regarding the same.

Any notice given to a party in connection with the Contract shall be in writing, addressed to that party at its registered office and shall be delivered personally, sent by post or email.

To the extent of any inconsistency between the Contract and the Privacy Compliance Agreement (if applicable), the Privacy Compliance Agreement prevails in relation to the collection, use, disclosure, storage, retention, deletion, protection and handling of Personal Information and the parties' privacy, confidentiality and compliance obligations concerning Personal Information.