A 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 website. By accessing the REINZ website, you are acknowledging your acceptance of these Terms of Use.

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 website.

INTERPRETATION

Specific Agreements means the REINZ Statistics Authorised User Agreement, REINZ House Price Index Terms & Conditions, and the REINZ eForms 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.

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.

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.

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 this 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 belongs 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.

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 reinz@reinz.co.nz.

Links to third party websites

Links to third party websites on the REINZ website 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.

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 this website, or in any third party website linked from this 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 our 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 our website and services.

Whilst we have taken reasonable measures to ensure the accuracy of the information available on the REINZ website, REINZ gives no warranty, either express or implied, in relation to the information on this website 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 this website 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 our website) arising from the use of our services, our 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

The laws of New Zealand apply to these Terms of Use and the Specific Agreements incorporated within them. Any dispute arising in relation to these Terms of Use will be resolved in accordance with New Zealand law.

Privacy and Security

When you subscribe to REINZ Member Services, or are given subscription-level access to any REINZ products (including the House Price Index), or purchase any of our products, 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 1993; or

c) your use of this website or our services.

Advertised Products

All prices for products 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.