Terms and Conditions

1.General Provisions

  • 1.1 Welcome to the www.zoodle.co.nz website. By using our website and/or creating a user log on, you will be deemed to have accepted these terms and conditions, including any special terms and conditions of any third party supplier of information and or data which apply to your use of our website, so please read these terms and conditions carefully.

2. Governing Law

  • 2.1 These terms and conditions are governed and construed in accordance with New Zealand law and you accept the exclusive jurisdiction on the New Zealand courts.

3. Changes to our Terms and Conditions

  • 3.1 You accept that we may change these terms and conditions at any time and that any revised terms and conditions displayed on our website from time to time will apply to your use of our website, its content and any service supplied by us. You acknowledge and agree it is your responsibility as a user to refer to these changes. They will come into effect immediately on being posted on the website. Your continued use of the website indicates your acceptance of the changes.

4. Website Commitment

  • 4.1 We will endeavour to keep our website and its contents up to date and accurate. However, we do not endorse, support, warrant or represent the truthfulness, currency, accuracy or reliability of any content, information or opinion posted on or available via our website. You acknowledge that any reliance on the content of our website will be at your own risk.
  • 4.2 Information and advice in blogs, articles or any other part of our website is necessarily of a generalised nature. For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is appropriately qualified, experienced and knowledgeable in that area, such as a lawyer, accountant or real estate agent or broker.
  • 4.3 We will endeavour to allow you access to our website, however we make no representation or warranty (whether express or implied) that the website or any service supplied by us will:
    • (a) operate on a continuous or fault free basis, or at any particular time or location;
    • (b) be secure or private; or
    • (c) be free of infection, viruses or other harmful features.
  • 4.4 We are not responsible for:
    • (a) any device or other equipment which is not owned or supplied by us; or
    • (b) any use of our website or any service supplied by us which is inconsistent with the directions or instructions for use or which is contrary to these terms and conditions.

5. Registration

  • 5.1 Access to some services or to parts of, or content on, our website requires registration. In order to register you will need to provide us with a valid and active email address for an account to which you have access. This will result in you being allocated a user ID and password that must be used whenever requested. That user ID and password are personal to you and you agree at all times to maintain the confidentiality of your user ID and password and not to disclose them to any third party. You agree that you are solely responsible for any use of our website by any person using your user ID and password. Provided that we have been correctly supplied with the account information requested, we are entitled to assume that any use of the website using your account has been made by you.
  • 5.2 We reserve the right to decline to register or to terminate your membership without entering into further discussions with you. Your membership may also be terminated if you have not logged onto our website for a period of time and we determine (in our sole discretion) that your membership is no longer active.

6. Your Responsibilities

  • 6.1 While using our website, any content on our website or any service supplied by us, you must:
    • (a) comply with these terms and conditions and any other agreements which you may have with us;
    • (b) make sure all information which you supply to us is current, complete, accurate and provided for in a timely manner;
    • (c) comply with all applicable laws, regulations, standards and codes;
    • (d) not damage or disrupt our website, its content or any service supplied by us;
    • (e) not access, use or interfere with anybody else’s email or other communications which are not intended for you;
    • (f) not use our website, its content or any service supplied by us:
      • (i) for sending spam, chain letters, pyramid schemes, hoaxes or other similar unsolicited communications of any kind;
      • (ii) to abuse, defame, threaten, stalk or harass others;
      • (iii) for sending objectionable language, content, or any expressions of hatred, racism or anti-religious remarks of any kind;
      • (iv) for running any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software;
      • (v) for introducing any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with our, or anyone else’s network or computer system;
      • (vi) to extract content from our website without our prior specific written permission including, without limitation, by screen scraping;
      • (vii) for using any software or device which may interfere with the services which are intended to be enjoyed by other users through use of mail bombs, war dialling, pinging or other disruptive technical means; and
      • (viii) to create a false identity for the purpose of misleading others as to the identity of the sender or origin of any message.

7. User Submitted Content

  • 7.1 You are solely responsible for any content and other material that you submit, publish, display or link to on our website or send to other users of our website. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or breaches any applicable legislation. You will at all times adhere to these terms and conditions.
  • 7.2 You retain copyright and any other rights you already hold in content which you submit, post or display on or through, our website. You agree that by posting content on our website, you are granting Zoodle Limited a worldwide, royalty-free, perpetual, irrevocable license to commercialise, copy, licence to other persons, use, and adapt that content for any purpose in any form or on any medium.
  • 7.3 You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licence and permissions and unconditionally and irrevocably waive all moral rights (as defined by the Copyright Act 1993) you may have in respect of the content.
  • 7.4 We may remove or alter any content at any time and for any reason, in our sole discretion, including (but not limited to) the following circumstances:
    • (a) where the content is, or might be, objectionable, offensive, unlawful or defamatory; and
    • (b) where we have reasonable cause to believe that the party posting the content has in the past engaged in any dishonest or unethical practices in relation to our website or any similar website or forum, or has in the past breached these terms and conditions.

8. Copyright

  • 8.1 Unless otherwise stated, the material published within our website is our copyright and protected by laws of New Zealand (and under international conventions or similar laws aboard) or material we have the right to use.
  • 8.2 No part of such material may be reproduced, in whole or in part, without our prior specific written permission. In particular, you may not copy or display for redistribution or for commercial purposes any portion of this website without our prior specific written permission.

9. Intellectual Property

  • 9.1 We either own or have the right to use the intellectual property rights with respect to the website and its content and any personal identifiers (including addresses) which collectively, is our Intellectual Property. Without limitation, our Intellectual Property includes copyright, trademarks and design rights which we own or otherwise have the right to use.
  • 9.2 You acknowledge that you have no claim or interest in our Intellectual Property, including any Intellectual Property of any third party other than in relation to those rights expressly provided to you in these terms and conditions or any other agreement which you may have with us.
  • 9.3 You agree not to copy or reproduce (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever), commercialise, adapt or use any of our Intellectual Property including any Intellectual Property of third party’s without our prior written consent, unless such copying, reproduction or use is required for the purpose of using our website, its content or any service supplied by us in the manner in which they are intended to be used.

10. Reports

Zoodle Limited

  • 10.1 The provisions set out in these Terms and Conditions are the only terms and conditions on which Zoodle Limited agree to provide reports on. These reports are the:
    Property Summary Report also known as Property Information Report;
    School Report; and
    any other reports which may become available from time to time, which combined are (“the Reports”).

Terralink International Limited Reports

  • 10.2 The reports specified below are supplied to you by Terralink International Limited: The reports are the:
    Local Sales Report;
    Home Valuer Report;
    Comprehensive Property Report (a combined report of all two reports noted above and the Property Information Report);
  • 10.3 These reports are subject to Terralink International Limited’s Terms and Conditions in addition to these terms and conditions. If you wish to access, download or request or receive any or all of the reports specified in clause 10.2 above, you must agree to be bound by Terralink International Limited’s Terms and Conditions. Terralink Terms and Conditions are available on http://www.zoodle.co.nz/cms/terralink-terms-and-conditions

11. Disclaimer

  • 11.1 Information within our website may change from time to time. In particular, we reserve the right to change the contents of any listing and/or withdraw any listing, article, question and answer, blog or comment or any other content at any time without notice. While every effort will be made to ensure that the information contained within our website is accurate and up to date, we make no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness, or usefulness of any information contained in our website, nor do we assume any legal liability (whether direct or indirect) or responsibility for the accuracy, completeness, or usefulness of any information contained in our website.
  • 11.2 We have no obligation to monitor the website for appropriate content or conduct, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of any user submitting any such content. However, we reserve the right, at any time we choose and in our sole discretion, to access, read, preserve and disclose any information as we consider necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these terms and conditions, including investigation of potential breaches of the same, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, (e) protect the rights, property or safety of us, our users and the public. We will not be responsible or liable for the exercising or non-exercising of our rights under these terms and conditions.
  • 11.3 We do not represent or warrant that data or other content provided by you will be stored indefinitely. We may store such data indefinitely or, in our sole discretion, for a reasonable period of time (which may vary based on the reason for that supply and storage of such data) and may then delete such data without notice to you and without your prior consent.
  • 11.4 We will not be liable in relation to any corruption or loss of data or other content which you or anyone else may experience as a result of using our website, its content or any service supplied by us, or any problems which you may encounter in viewing or navigating our website.
  • 11.5 We will not be liable in relation to the acts or omissions of any third parties (including any users of our website or the author of any material or content posted on this website) in relation to any default by them in relation to the provision of or access to, our website, its contents or any service supplied by us. We will not be liable for any act or omission taken by you as a result of, or in reliance on, any material or content on our website.
  • 11.6 You acknowledge and agree that some material and in particular information used to produce the reports specified in clause 10 above, on our website is sourced from third parties outside of Zoodle Limited. Sources may include Terralink International Limited, who in turn may have sourced some materials available on this site from Land Information New Zealand (“LINZ”), PropertyIQ Limited and Valuation Consultants New Zealand Limited. Terms and Conditions for the access to and use of information sourced by Zoodle Limited from Terralink International Limited, Land Information New Zealand (“LINZ”), PropertyIQ Limited and Valuation Consultants New Zealand Limited are available for you to read through the following links:
    www.terranet.co.nz, www.linz.govt.nz

    You are required to accept the above terms and conditions in addition to these terms and conditions when you create a user account.

    Zoodle Limited makes no representations and gives no warranties of any kind whatsoever in relation to any material on our website and the services. In particular Zoodle Limited does not warrant that the material on the website and the services are free from errors, omissions or other inaccuracies or is fit for any particular purpose. You agree to release us from all liability (whether in contract, tort, [including negligence], equity or on any other basis) for any errors, omissions or other inaccuracies in the material on this website and the services.

  • 11.7 You understand and agree that the limitations and exclusions of liability contained in:
    • (a)clauses 11.1, 11.4, 11.5 11.6, 13.1and 13.2 (with all references to Zoodle Limited deemed to be replaced with references to Terralink International Limited, LINZ, PropertyIQ Limited and Valuation Consultants); and
    • (b) clause 13.3 apply for the benefit of and maybe enforced by Terralink International Limited, LINZ or PropertyIQ Limited in relations to the material on the Site and the Services, sourced by Zoodle from Terralink International Limited, LINZ or PropertyIQ Limited (as the case maybe) for the purposes of the Contracts (Privity) Act 1982. For the avoidance of doubt, this clause shall not in any way limit Zoodle Limited rights to enforce any of the provisions of these terms and conditions in relation to the material sourced by Zoodle from Terralink International Limited, LINZ or PropertyIQ Limited.
  • 11.8 Without limiting clause 11.7, you acknowledge and agree that the limitations and exclusions of liability contained in these terms and conditions apply for the benefit of and maybe enforced by Terralink International Limited, LINZ and PropertyIQ Limited for the purposes of the Contracts (Privity) Act 1982.
  • 11.9 In respect of the Schools Report, terms and conditions relating to your access to and use of this report are available on the following website links:
    www.minedu.govt.nz and www.schoolzones.co.nz

    In accepting these terms and conditions you are deemed to have accepted the terms and conditions in relation to the access to and use of the Schools report.

  • 11.10 We are not a contracting party to any sale transaction facilitated through our website. All transactions are conducted at the parties’ own risk and we have no responsibility or liability for the quality or fitness of any listed property, any representations made concerning any listed property, or a party’s title to any particular property.

12. Disclaimer of Other Sites

  • 12.1 Links to websites outside of our website are provided as a convenience to you. We do not necessarily endorse the content of such third party websites. We make no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness or usefulness of the information in the links, nor do we assume any legal responsibility for the accuracy, completeness or usefulness of the information in the links.

13. Liability

  • 13.1 We (including our officers, employees and agents) will not be liable, [whether in contract, tort {including negligence}, equity or on any other basis] to you or any third party for any direct, indirect or consequential damage, loss, cost or expense (including, without limitation, damage to property, injury to persons, loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had, denial of service or access to our website) arising from the use of our website, its content or any service supplied by us.
  • 13.2 Without limiting clause 13.1, we will not be liable [whether in contract, tort {including negligence}, equity or on any other basis] for any loss, damage, liability or expense whatsoever arising from any modification, amendment or deletion (whether pursuant to clause 11.1 of these Terms and Conditions or otherwise) made to the material on the Site and the Service or any compilation or derivative work created from or using the material on the Site and the Service in each case whether made by you, or by any other person.
  • 13.3 If, notwithstanding the clause above, a court of competent jurisdiction holds us (or any of our officers, employees or agents) liable in respect of any matter arising under or incidental to these terms and conditions whether that liability arised in tort [including negligence] contract, equity or on any other basis, the total aggregate liability will be limited as follows:
    • (a) Zoodle Limited total aggregate liability shall be limited to the sum of $100.00; and
    • (b) Terralink International Limited, LINZ’s and PropertyIQ Limited’s total aggregate liability shall be limited to $1.00 each.
  • 13.4 If you are using our website, its content or any service supplied by us for purposes other than in relation to a business, we accept that you have rights under the Consumer Guarantees Act 1993. Nothing in these terms and conditions is intended to affect any rights which you may have under such legislation which we are unable by law to exclude or limit in accordance with these terms and conditions.
  • 13.5 You will be liable for all losses if you act fraudulently at any time, either alone or together with any other person, in using our website or any service supplied by us. You are also liable for costs, losses, damages or expenses suffered or incurred by us or any other user arising out of or in connection with any act or omission of yours.

14. Privacy

  • 14.1 We may collect and hold indefinitely information relating to you that you have provided to us or that we may have obtained from another source (such as marketing organisations and credit agencies). You agree that we may use your information for the purposes of our business, carrying out credit checks, dealing with requests, complaints and other customer related activities, market and product analysis and for providing you with promotional material on our other services and special offers.
  • 14.2 In order to assist in the promotion of real estate properties and provide information to the real estate industry we may collect and store information and statistics about your visit to our website or visits by others to our website to measure the number of visitors to different parts of the site. We reserve the right to publish aggregated information and statistics about usage patterns, however we will not disclose the identity of a particular visitor. We may gather more extensive information if we are concerned, for example, about security issues. If we think it is necessary, we may disclose this information to relevant law enforcement authorities.

15. Cookies

  • 15.1 We and advertisers on our website use cookie technology to track user traffic patterns and to better serve you when you visit our website. A cookie is a small data file that a website may write to your hard drive when you visit it. A cookie file can contain information, such as a user ID that the website uses to trace the pages you have visited. The only personal information a cookie can contain is information you personally supply. A cookie can not read data off your hard disk or read cookie files created by other websites.
  • 15.2 You can set your browser to notify you when you receive a cookie, providing you with the opportunity to either accept or reject it. You can also refuse all cookies by turning them off in your browser, however doing so may limit your ability to use this website.

16. Notices

  • 16.1 All notices to us should be sent to PO Box 9284 Newmarket, Auckland or emailed to us using our Email Form.