- These terms and conditions govern all access and use of www.agentiq.co.nz and all related websites (a “Website”), whether through a website, mobile website or mobile application. By accessing a Website, you agree to use all Websites in accordance with and subject to these terms and conditions. If you do not accept these terms and conditions, you must not use any Website.
- AgentIQ (“AgentIQ”, “we”, “us” or “our”) may vary these terms at any time. Amendments will be effective immediately upon posting of the new terms and conditions and accessing a Website after the terms and conditions have been changed means that you accepted the new terms and conditions. You are responsible for ensuring that you have read and understand the latest terms and conditions.
- These terms and conditions are governed by the laws of New Zealand. If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal in any way, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
- These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether verbal or written, and constitutes the entire agreement between the parties relating to the access or use of any Website.
- AgentIQ facilitates the introduction of property owners seeking to sell a property or land (“Vendors”) to real estate agents or agencies (“Agents”). We do not provide real estate agency services or perform real estate agency work ourselves.
- If you engage an Agent through a Website, you may subsequently enter into an Agency Agreement or other contract for services with that Agent. Such a contract is with that Agent, not with AgentIQ. You engage with any Agent at your own risk and acknowledge and agree that we are not responsible for, and give no undertakings, representations or warranties in connection with: (i) the fulfilment of any agreement to provide real estate agency services through or in connection with a Website, or (ii) the quality or timeliness of any such services.
- It is the Agent’s responsibility to provide the relevant real estate agency services. We do not act as agent for either party and do not participate in any transaction involving any Agent. In the event of a problem arising in relation to the provision of any real estate agency services, you should contact the relevant Agent (or, if you are the Agent, the relevant recipient of the real estate agency services).
- We make no warranty about the standard, completeness, quality or accuracy of any advice, suggestions and information (including, without limitation, information about Agents such as their skills, credentials, experience, qualifications, sales history or other data) accessible through the Websites. Therefore, you are encouraged to exercise a high standard of care and independently verify such information before entering any agreement with an Agent.
- You acknowledge and agree that AgentIQ will receive a fee from the Agent that you select to sell your property (via your interaction with a Website and other communication means) upon the sale of such property. Please note that only the Agent is required to pay a fee to AgentIQ and you have no liability to AgentIQ in this regard.
- You agree not to involve us in any dispute or in the resolution of any dispute that may arise in connection with real estate agency services provided by an Agent.
- You must not complete or attempt to complete any transaction the purpose of which is to avoid any fee, charge or other amount payable to AgentIQ.
- We own all intellectual property rights (including, without limitation, copyright and trade mark rights) in all materials displayed or available on any Website belongs to us unless otherwise stated.
- You grant us a world-wide, royalty-free, irrevocable and perpetual licence to publish and to sub-licence the publication of, all material submitted to us in any form or medium (including, without limitation, photos and testimonials or ratings of Agents) and you warrant that you are authorised to grant such a licence.
- We grant you a limited, revocable, non-transferable, non-sublicensable, licence to access the Websites for your personal non-commercial purposes in accordance with these terms and conditions. Except for this limited licence, all rights to the Websites are reserved and no right or licence is granted or implied under any copyright, patent, trade mark or other intellectual property right of AgentIQ or any other party as a consequence of the publication of any material on a Website.
- You may not modify, copy, distribute, transmit, display, perform, reproduce, adapt, publish, license, create derivative works from, transfer or sell any material contained on any Website, unless explicitly permitted under these terms and conditions or as otherwise agreed with us.
- The Websites are made available for personal use only. You may not copy, monitor, screen-scrape, spider, deep-link or reproduce any content, information or software displayed on any Website for any commercial, competitive or other purpose.
- A Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents. The inclusion of hyperlinks on a Website to such other website does not imply any endorsement of the material on such websites or any association with their operators unless otherwise explicitly stated.
- All product or advertising suggestions or ideas, or other information communicated to us through a Website or otherwise shall be treated as non-confidential and non-proprietary to you. All such information will become the exclusive property of AgentIQ for any purpose whatsoever, commercial or otherwise, without notice or compensation to you unless otherwise agreed by us in writing.
- AgentIQ may collect, use and disclose personal information about you, as set out in these terms and conditions. This personal information may include information such as your name, address, contact details and details relating to properties you own or imply that you own.
- We may hold and use any personal information about you for the following purposes, or any other purpose that you authorise or we disclose to you at the time of collection, or any related purposes: (i) to facilitate the provision of real estate agency services by an Agent, (ii) direct marketing of products or services by us or any third party (if we contact you in this way you may decline to receive further marketing communications by contacting us through a Website), (iii) to enforce or apply these terms and conditions, (iv) to protect the rights, property, or safety of AgentIQ, our users, or others, (v) for internal research purposes, (vi) any purpose set out in these terms and conditions, and/or (vii) as otherwise permitted by law.
- We may email you from time to time in relation to a Website, services or other topics we think you may be interested in, such as promoting or marketing other products or services. However, it is our policy to immediately remove you from any mailing list at your request. Please contact us through the Website if you do not wish to receive email from us.
- You are entitled to access personal information we hold about you, and request that we amend it if it is incorrect. If you wish to access or request correction of any personal information we hold about you (or if you have any questions about our privacy practices), please contact us through the Website.
Liability and disclaimers
- The maximum extent permitted by law: (i) all representations, warranties and undertakings, including those implied by statute or otherwise, are hereby excluded including, without limitation, all representations, warranties and undertakings in relation to any services, information and materials contained or accessible through any Website (including, without limitation, in relation to their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose) and all representations, warranties and undertakings that the Websites will be uninterrupted, timely, secure or error-free, and (ii) we accept no responsibility for the compliance of any Website or the information contained in it with the laws of any country other than New Zealand.
- The Websites are provided on an “as is” and “as available” basis and your use of any Website is at your sole risk. Neither we, nor any of our directors, employees, affiliate ore representatives will be liable to you (or any other person affiliated with you or who may have an interest in real estate agency services) for any: (i) direct, indirect, consequential, punitive, special or exemplary loss or damages, (ii) loss of data, income, profits, business, opportunity, reputation, good will, or (iii) loss of or damage to property, arising out of or in connection with your use or accessing of any Website, notwithstanding that we may have had knowledge of the possibility of such loss or damages, or such loss or damages may have been reasonably foreseeable. You agree that if we are held responsible for any loss or damages, our total liability to you for all damages, losses and causes of action (whether in tort, contract or otherwise) shall be limited to the amount paid by you, if any, for accessing the applicable Website.
- You agree to indemnify us and keep us indemnified against all damages, costs, losses (including, without limitation, loss of profits), claims and expenses of any kind, whether direct or indirect, which arise from or in connection with your access or use of any Website or any breach of these terms and conditions, whether in tort, contract, equity or otherwise.
- The limitations and restrictions of liability and the disclaimers set out in clauses 21 to 23 in no way limit any other limitation or restriction of liability or disclaimer contained in these terms and conditions (including, without limitation, those contained in clauses 6, 15 and 26).
- If any Website allows you to post any content or material (including, without limitation, reviews, ratings, messages or photos), you are solely responsible for your use of such features and use them at your own risk. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through any Website any content that i may: (i) be unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, offensive, harassing, threatening, abusive, fraudulent, invasive of privacy, objectionable or otherwise inappropriate, (ii) infringe any intellectual property right of AgentIQ or any third party, (iii) include any virus, corrupted data or other harmful, disruptive or destructive file, or (iv) expose us or our users to any harm or liability of any kind.