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REINZ Website Terms Of Use

These Terms of Use form a legal contract between you and The Real Estate Institute of New Zealand Inc. (“REINZ”) and govern your use of the REINZ Website and the services provided within the REINZ Website. By accessing the REINZ Website, you are acknowledging your acceptance of these Terms of Use.

Where your access and use is on behalf of another person / entity (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

We may change these Terms of Use at any time. Each time you use the REINZ Website, you are agreeing to the Terms of Use applicable at that time. A link to the Terms of Use is provided at the bottom of every page of the REINZ Website.

Interpretation

REINZ Website means the REINZ website at www.reinz.co.nz or such other site or sites that we nominate, operate or own from time to time.

Specific Agreements means the REINZ Statistics Authorised User Agreement, REINZ House Price Index Terms & Conditions, the REINZ eForms Terms of Use and the REINZ Benchmarking Terms of Use, as applicable.

Services means the services provided, operated or supported through the REINZ Website, including, but not limited to, the REINZ Statistics portal (including the House Price Index), the REINZ eForms platform (both the old and the new platforms), the REINZ Store, the Membership Portal, the Education Portal, and the guides and documents in the Legal section.

We means The Real Estate Institute of New Zealand Inc.

You means you or, both you and the other person / entity on whose behalf you are acting.

In these Terms of Use:

a) words importing the singular include the plural and vice versa;

b) the terms “including”, “includes” and “include” include the words “without limitation” after those terms;

c) a reference to a person includes a company, other corporations and also a body of persons (corporate or unincorporated);

d) where words or expressions are defined, other parts of speech and grammatical forms of that word or expression have corresponding meanings;

e) headings are for ease of reference only and do not affect the interpretation of this Agreement;

f) a reference to dollars or $ is a reference to New Zealand currency; and

g) the meaning of general words is not limited by specific examples introduced by including or similar expressions.

General terms

You have the right to access and use the REINZ Website and Services, provided you comply with these Terms of Use and the terms of the Specific Agreements that are applicable to you.

The REINZ Statistics Authorised User Agreement can be accessed in the Member-only REINZ Statistics portal.

The REINZ House Price Index Terms & Conditions is made available to every entity who has been granted access by REINZ to the REINZ House Price Index and web portal at subscription levels.

The REINZ eForms Terms of Use can be accessed in the REINZ eForms platform.

The REINZ Benchmarking Terms of Use is made available to every user who has been granted access by REINZ to the REINZ Benchmarking dashboard as click-to-accept terms at the time the relevant user accesses the REINZ Benchmarking dashboard.  The REINZ Benchmarking Terms of Use can also be accessed in the REINZ Benchmarking dashboard.

These Terms of Use incorporate the Specific Agreements. In any case where there is conflict or inconsistency between these Terms of Use and the Specific Agreements, the latter shall prevail.

If you breach any part of these Terms of Use or the Specific Agreements (where applicable), we reserve the right to cancel your access to all or specified parts of the REINZ Website and/or our Services , or to take such other action as we consider necessary to protect our rights under these Terms of Use, including requiring you to amend or delete any information you have reproduced or adapted from the REINZ Website, and to ensure that third parties to whom you provided the information do the same.

The information on the REINZ Website is intended for general information purposes only and is not intended to form professional or legal advice.

You agree not to interrupt, or attempt to interrupt, the operation of the REINZ Website in any way.

Copyright

Copyright in all content on the REINZ Website belong to REINZ or our third party providers or licensors (as may be the case).

If you wish to use any third party material that is identified as such on the REINZ Website, you must obtain the prior consent of the relevant owner. This includes the content of third party websites linked from the REINZ Website.

Apart from dealings as permitted under the Copyright Act 1994, or as permitted under these Terms of Use, distribution or reproduction of information on the REINZ Website is strictly prohibited.

Subject to the terms of the Specific Agreements, you are allowed to copy and distribute information (not identified as third party material) from the REINZ Website in the form that it appears on the REINZ Website and without modification, provided that:

a) you attribute the information to REINZ; and

b) you do not use the information for advertising and promotional purposes (except if you are a REINZ Member and do so in accordance with the REINZ Statistics Authorised User Agreement).

Any other adaptation or reproduction of REINZ content or any of our publications, in whole or in part, is forbidden without the express and prior written permission of REINZ. Please address requests to [email protected]

Links to third party websites

The REINZ Website and Services may contain links to other websites which are out of our control and are not covered by this Privacy Policy. These are provided for your general information purposes only. These websites are conducted by third parties and REINZ does not control the information found on these websites.

If you access other websites using the links provided, the operators of these websites may collect information from you which will be handled in accordance with their privacy policy. We encourage you to review the privacy statements of websites you choose to link to (whether from the REINZ Website or otherwise) so that you can understand how those websites collect, use and share your personal information.

Inclusion of links to third party websites does not imply that REINZ endorses them or have verified any of the information available through them. Third party material available on the REINZ Website does not necessarily represent the views of REINZ.

We accept no liability for any loss caused as a result of any information or opinion contained in any third party material available on the REINZ, or in any third party website linked from this website. We are not responsible for the privacy statements or other content on websites other than the REINZ Website.

Disclaimers

We will use our best efforts to keep the REINZ Website and the Services free from interruption, viruses and errors. However, we accept no responsibility for your inability to access the REINZ Website and the Services, or for any damage or loss caused to your computer hardware, software, internet connections or other peripherals as a result of the use of the REINZ Website, its content or any Service supplied by us or any failure on our part.

In addition to the above disclaimers, we will not be liable for any corruption, or loss of data or other content which you or anyone else may experience as a result of using the REINZ Website and Services.

We disclaim any liability in relation to the acts or omissions of any third parties in relation to their default of these Terms of Use or the Specific Agreements, or any unauthorised access by them to the REINZ Website and Services.

Whilst we have taken reasonable measures to ensure the accuracy of the information available on the REINZ Website and the Services, REINZ gives no warranty, either express or implied, in relation to the information on the REINZ Website, the Services or on any linked website, including as to its accuracy, reliability and suitability. We exclude, to the maximum extent permitted by law, all liability in relation to any loss, damage or other costs arising from the use or reliance of any information on the REINZ Website, the Services or on any linked website or any compilations, derivative statistics or modifications of the information on this website or on any linked website.

Exclusion of liability

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 the REINZ Website or Services) arising from the use of our Services, the REINZ Website, its content or through any failure on our part.

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 of Use, our total aggregate liability will be limited to the sum of $100.00.

Jurisdiction

Agreements incorporated within them. Any dispute arising in relation to these Terms of Use will be resolved in accordance with New Zealand law.

REINZ website analytics

We collect information about your computer hardware and software. This information includes: your IP address, browser type, domain names, access times and referring website addresses. We keep track of the websites and pages our customers visit within the REINZ Website in order to determine what services are the most popular (and may rely on trusted partners to perform this statistical analysis).

This information is used by us for the operation of our services, to maintain quality of the service, to provide general statistics regarding use of the REINZ Website, and to deliver customised content and REINZ advertising to our customers, whose behaviour indicates that they are interested in a particular subject area.

Privacy and security

When you subscribe to REINZ Member Services, or are given subscription-level access to any REINZ products or Services (including the House Price Index), or purchase any of our products or Services, all personal information we collect about you, including your credit card information, will remain confidential to REINZ or any third party expressly authorised by REINZ pursuant to any supply or services agreement entered into by or with REINZ and that third party.

We will not sell or give any of your personal information to any other third party without your permission.

REINZ makes a record of your visit and logs the following information for statistical purposes: server address, date and time of visit, time spent, pages accessed, browser used, domain name, country and previous site visited. REINZ may attempt to identify users and their browsing activity where a law enforcement agency requests inspection of the REINZ Service Provider’s logs.

If you are subscribed to services accessible only via a password-protected area, REINZ will provide you with ‘user specific’ access login which you and any party you authorise (your ‘authorised users’) will need in order to access and use those services.

You are responsible for ensuring that such access login provided by REINZ to you:

a) are kept strictly confidential and secure by you and your authorised user(s); and

b) are used solely by you and your authorised user(s); and

c) are not altered.

Any access to our services using such access login will be deemed to be authorised by you, and you will be liable for all associated costs and the application of these terms generally.

If you suspect that an unauthorised user has gained access to any REINZ services via your login or other access criteria, you must notify REINZ immediately.

Indemnification

You agree to indemnify REINZ and any of our officers, employees and agents from and against any claims, causes of action, losses, or other costs or expenses of any kind or nature (including solicitor-client costs) brought by third parties as a result of:

a) your breach of these Terms of Use and/or the Specific Agreements; or

b) your violation of any law or the rights of any third party, including under the Privacy Act 2020; or

c) your use of the REINZ Website or our Services.

Advertised Products

All prices for products and Services for sale on the REINZ Website are stated in New Zealand dollars (NZ$). We reserve the right to increase our fees or to introduce new prices for our products and Services at any time.