Terms & Conditions

1. Terms and Conditions

1.1 Acceptance of terms and conditions:

The terms and conditions are the terms on which NZNH Limited (“New Homes”) offers you access to the Services and the Website. By visiting New Home’s Website, you accept these terms and conditions. If you do not accept these terms and conditions, you must immediately cease visiting our Site.

1.2 Amendment of terms and conditions:

As New Homes operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. We will communicate all changes by Site Announcement. Occasionally, we may make urgent changes, but will generally give you at least two weeks’ notice to review these changes.

Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

These terms and conditions were last updated December 1st, 2017.

2. Specific Warnings

2.1 The Services:

New Homes only provides a venue to promote the sale and purchase of new house and land packages and ancillary goods and services. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another.

2.2 At your own risk:

Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that New Homes takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. New Homes gives no undertakings, representations, or warranties at all in relation to any sale or transaction or any goods and services advertised on our Website.

In particular, we do not make any representations about:

  • the ownership of any goods or services;
  • the availability of any goods or services;
  • as to the content, safety, description, worthiness, quality, or legality of any goods or services;
  • as to the accuracy or truth of listings;
  • that any item will meet your requirements or expectations; or
  • about the ability of members to complete any sale or transaction, including credit card transactions.

2.3 Disclaimer:

You expressly understand and agree that:

  • your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, New Homes disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties as to merchantability, fitness for a particular purpose, and non-infringement of copyright or other intellectual property rights;
  • New Homes disclaims and excludes liability for any guarantees that any service offered will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of that service;
  • New Homes does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
  • no advice or information that is obtained by you from New Homes or anyone else shall create any warranty by New Homes that is not expressly stated in these terms and conditions;
  • responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute New Home's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement;
  • even where we place or manage your advertising for you, we are at all times doing this on your behalf on the terms and conditions set out in clause 2.3(e).

2.4 Liability:

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of New Homes to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another person’s acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. New Homes’ liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

2.5 Indemnity:

You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions.

2.6 Breach:

Without limiting any other rights and remedies available to New Homes, New Homes may limit your activities on the Website, remove your listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions, in particular, your obligations under Clause 3, or where New Homes considers it appropriate. If in our opinion your listing or other content breaches our rules, and we remove that listing or content, then you agree that we are not required to refund any monies you may have paid to place such listing or content.

3. General Rules

3.1 General

  • All listings or communications made through New Homes shall be made in good faith.
  • You may only advertise property that is:
    • Vacant land; or
    • A new residential dwelling that has never been lived in; or
    • A residential apartment; or
    • A show home.
  • You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
  • You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
  • Contracts for the sale of land must be in writing to be legally enforceable.
  • All listings must comply with New Zealand law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, or any item of which the sale is prohibited by, or violates any law. You are responsible for ensuring that any listing by you does not breach this clause.
  • You agree that New Homes may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause at any time.

3.2 System Integrity:

New Homes will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, New Homes takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, New Homes assumes no responsibility for the corruption of any data or information held by New Homes.

3.3 Resolution of disputes:

As New Homes is not a party to any sale or transaction between you and another person, you agree not to involve, or attempt to involve, New Homes in any dispute or in the resolution of any disputes that arise between you and another member as a result of any sale or transaction or any goods or services provided to you in respect thereof.

4.4 Force Majeure:

Without prejudice to clause 2.3(a), New Homes has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of New Homes to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of New Homes.

4.5 No Waiver:

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights by us.

4.6 Partial Invalidity:

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

4.7 Governing Law:

These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

4.8 Intellectual Property Rights:

New Homes (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.

  • Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
  • Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.

4.9 Entire agreement:

These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, as between New Homes and you, and which relate to the subject matter of these terms and conditions.