Terms and Conditions
1. Binding Terms
By accessing and using:
- (a) www.sharedspace.co.nz (the Website); and
- (b) the platform, products and services that may be accessed and used via the Website (the Platform),
Each User acknowledges and agrees that, where it has agreed to these Terms via the Website (via a clickbox or clickwrap or other method of indicating its agreement):
- (a) such method of acceptance is fully effective and accepted by the User; and
- (b) it has read and understood these Terms and had the full opportunity to review, consider and comment on the Term prior to agreeing to and accepting them.
Any User that does not agree to these Terms is not authorised to access and use the Website and Platform and must immediately cease doing so.
4. Use of the Website and Platform
Users may only use the Website and Platform strictly in accordance with these Terms. All rights not expressly granted to Users in these Terms are expressly reserved by Shared Space Limited (company number 2411308) (the Company).
5. Payment of Fees
Each User must pay (or procure payment of) the applicable fees for its use of the Platform, for the relevant period, as required on the Website (the Fees).
6. Changes to the Fees
The Company may, at its sole and absolute discretion, change the Fees at the end of any subscription period that a User has selected or agreed to via the Website.
7. Cancellation by a User
If a User wishes to cancel its subscription with the Company, that User can do so by emailing the Company notice of cancellation via the Website. Any Fees paid by that User will be non-refundable in the event of a cancellation by the User.
8. Cancellation by the Company
The Company shall be entitled to cancel these Terms in respect of any User, by giving notice to that User (including via the Website and/or the Platform), if that User breaches these Terms. In such circumstances, any Fees paid by that User will be non-refundable.
9. User Information
Upon registering to use the Company's products and/or services via the Website and/or the Platform, all Users agree to:
- (a) provide true, accurate, current and complete information about themselves as prompted by the Website or Platform (as applicable) (User Information); and
- (b) promptly notify the Company, via the Website, of any changes to their User Information in order to ensure that it remains true, accurate, current and complete.
When listing a property on the Website (a Listing), it is the User’s responsibility and liability to ensure that:
- (a) it is legally entitled to do so in all respects;
- (b) the property is accurately represented and described in all respects;
- (c) there is no false or misleading information on the Listing;
- (d) the Listing is placed in the most appropriate category on the Website;
- (e) pricing is stated in New Zealand dollars and there must be a statement as to whether it is inclusive or exclusive of GST; and
- (f) the Listing is removed from the Website after the property (or relevant part thereof) has been tenanted or licensed (as applicable).
11. Refunds on Listings
Once a Fee has been paid in respect of a Listing, such Fee is non-refundable.
Each User will be responsible and liable for all activity that occurs through its use of the Website and/or the Platform. The Company shall not be liable for any content, representations, statements, services, products or other information or data posted to the Website and/or the Platform by any User (to the extent that a User is able to do so).
13. Content Uploaded
The Company reserves the right to remove any content posted to the Website and/or the Platform by any User that it considers (in its sole and absolute discretion) to be offensive, objectionable or otherwise unlawful (including any Listings).
14. No Illegal Use
No User may use the Website and/or the Platform for any illegal purpose or any purpose not authorised by the Company, or post any information or data that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property, proprietary or legal rights of any person or entity.
15. No Malicious Use
Users must not use the Website and/or the Platform for any malicious means or abuse, harass, threaten, intimidate or impersonate any other User.
Users must not introduce (or cause the introduction of) any virus, spyware or other similar feature that in any way compromises or may compromise the Website and/or the Platform.
Users may only access the Website and Platform through standard means as approved by the Company, and not via methods such as scraping, data mining, the use of a robot or spider, automation or any similar method of extraction or monitoring.
18. Use by other Persons and Entities
Any person or entity that accesses and uses the Website and/or the Platform on behalf of or via another User, including all directors, officers, employees and independent contractors of any User that have been granted access by that User, confirms that he, she or it is fully authorised to do so by that User and agrees to these Terms in all respects.
19. No Agency
The Company does not act as an agent of any User or other person using the Platform and the Company will take no part in, and will not be a party to, any contracts formed between a User and any third party. In addition, and for the avoidance of doubt, nothing in these Terms will create or constitute, or be deemed to create or constitute (for any purpose whatsoever):
- (a) the Company an agent of any User; or
- (b) a partnership between any User and the Company.
20. Intellectual Property
All Users agree that the Company owns all of the intellectual property rights existing the Website and the Platform (and all improvements to the same).
The Website and Platform is provided on an “as is where is” basis, and accordingly all implied warranties and representations (whether under statute, common law or otherwise) which might apply to or otherwise arise out of these Terms are hereby expressly excluded by the Company to the fullest extent permitted by law.
Each User hereby indemnifies, and will keep indemnified, the Company against all forms of liability, actions, proceedings, demands, costs, charges and expenses which the Company may incur or be subject to or suffer as a result of that User's use of the Website and Platform.
23. Dispute Resolution
The following provisions shall apply to any dispute arising under or relating to these Terms (a Dispute) between a User and the Company (together, the Disputing Parties and each a Disputing Party):
- (a ) The Disputing Parties must use reasonable endeavours to resolve any and all Disputes by negotiation at first instance.
- (b) If the Disputing Parties cannot resolve their Dispute by negotiations within 30 calendar days a Disputing Party may, by written notice to the other, require that the Dispute be dealt with by mediation under the following terms:
- (i) The mediation shall be conducted in accordance with the Mediation Protocol of the Arbitrators' and Mediators' Institute of New Zealand Incorporated (AMINZ) then in force (or any protocol or mediation agreement which replaces it).
- (ii) The mediation shall be conducted by a mediator and at a fee agreed in writing by the Disputing Parties. Failing agreement between the Disputing Parties within 14 calendar days of the giving of the notice requiring mediation, the mediator will be selected and his or her fee determined by the chairperson for the time being of AMINZ (or his or her nominee).
- (iii)The mediation shall take place in Auckland, New Zealand at such address as determined by the mediator.
- (iv) The costs of the mediation, excluding the Disputing Parties' own legal and preparation costs, will be shared equally by the Disputing Parties.
- (c) No Disputing Party may initiate or commence court or arbitration proceedings relating to a Dispute unless it has complied with the procedure set out in this clause 20, provided that application may still be made to the courts:
- (i) for interlocutory relief; or
- (ii) to recover a debt payable.
The Company reserves the right to amend these Terms at any time with or without notice to Users. Any User who continues to use the Website and/or the Platform after any amendments will be deemed to have agreed to such amendments.
25. Changes to the Website and Platform
The Company is permitted (in its sole discretion) to alter the Website and/or the Platform, including all content, format, features and functionality, with or without notice to Users and shall incur no liability for doing so.
No User may publish or use the Company's trade marks, brand, branding or logos except with the Company's prior written consent (which may be given or withheld at its sole and absolute discretion).
27. Termination or Suspension of Account
Without limiting its rights under clause 8 of these Terms, if a User does not abide by these Terms the Company may terminate or suspend that User's account or membership with the Company and refuse to provide its products and/or services to that User (including access to the Platform) for any reason and at any time.
28. Breakdown and Malfunctions
The Company will try to promptly address (during normal business hours) all technical issues that arise on the Website and Platform. However, the Company will not be liable for any loss or damage suffered as a result of any partial or total breakdown of the Website and/or the Platform or any technical malfunctions on it, the Website and/or the Platform being unavailable or performing slowly, or any viruses or other forms of interference that may damage any User's computer system.
Unless expressly stated otherwise by the Company, any link on the Website and/or the Platform to other websites or Platforms does not imply any endorsement, approval and/or recommendation of those sites, their operators or their products and/or services.
31. Foreign Use
The Company makes no representation or warranty that the Website and/or the Platform is appropriate or available for use in all countries or that the content satisfies the laws of all countries. All Users are responsible for ensuring that their access to and use of the Website and Platform is not illegal or prohibited in their relevant country.
32. No Waiver
The Company will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by the Company. A failure to exercise or delay in exercising any right by the Company under these Terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.
No User shall be permitted to assign or transfer any of their rights or obligations under these Terms without the Company's prior written consent. The Company shall be entitled (in its sole and absolute discretion) to assign and transfer any of its rights or obligations under these Terms, and the consent of Users shall not be required for any such assignment or transfer.
34. Consumer Guarantees Act 1993
Each User agrees that it is using the Website and Platform for the purposes of a business and that, accordingly, the Consumer Guarantees Act 1993 does not apply to these Terms.
35. Limitation of Liability
To the extent that the Company is liable for any reason for any loss suffered or liability incurred by a User arising from any breach of these Terms, or for any other reason (including a User’s use of or reliance on the Website and/or the Platform), the Company liability’s (whether arising in contract, tort (including negligence) or otherwise) is limited to the maximum aggregate amount of the total Fees paid by that User.
The Company shall not be liable in connection with these Terms for any indirect, consequential or special loss or damage, loss of revenue, economic loss or damage, loss of business or profits (including lost contracts with customers) or anticipated business or profits, loss of goodwill, loss of anticipated savings or for any business interruption or that is otherwise too remote to be recoverable as damages for breach of contract at law.
37. Further Assurances
Each User will sign all documents, and do all things, as may reasonably be required in order to give effect to the provisions of these Terms.
If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will remain valid and enforceable to the fullest extent permitted by law.
39. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of New Zealand. All Users and the Company irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to these Terms.