Terms and Conditions

The Tenancy Practice Service Limited appreciates your interest in its Services and your visit to the Website. These Terms apply to the Services, your interactions with us and your use of the Website. As a User and/or Member you are agreeing to be bound by these Terms as well as any other guidelines, rules, and additional terms referenced herein as well as any regulations and Rules if you are a Member and further including any amendments made to any of them from time to time. Each time you are supplied the Services, interact with us or use the Website you confirm that you have read and understood these Terms.

If you do not accept or are unwilling to be bound by these Terms then you must not use or access the Website or utilise the Services.

1. INTERPRETATION

1.1 Definitions: The following terms shall have the following meanings:

“Content” means all material on either the Website or provided in the provision of the Services, including without limitation, advice (whether in writing or oral), text, images, designs, graphics, pictures, video, software, music and sound files, the layout, the look-and-feel and any other information contained on or in this Website or provided in the provision of the Services.

“Fees” means any fees or other monies payable to us under these Terms including, without limitation, any relevant subscription fee and joining fee.

“Marks” means Trademarks, logos, model names, brands, service marks or similar.

“Member” means a member of the Website having access to TPS’ Services and includes any party with a log-in to the Website.

“Membership Period” means subject to the remaining provisions of these Terms the period you and we agree that you may have access to the Services to the next renewal of the Membership Period and in the absence of agreement shall be each calendar month anniversary of the commencement date of the membership.

“Rules” means the rules of TPS from time to time.

“Terms” means these terms and conditions as amended by us from time to time.

“TPS” means The Tenancy Practice Service Limited.

“Services” means the services provided by us from time to time including, but not limited to, Total Tenancy Pro, eBundle, Total Tenancy Expert, Tenantcheck and Consultancy services.

“User” means any person visiting the Website or providing content on the Website whether that person is a Member or not.

“we”, “us” and “our” are a reference to TPS.

“Website” means www.www.tenant.co.nz, www.tenancy.co.nz and/or www.tpsportal.co.nz.

“you” and “your” are a reference to you being either a Member or User as the case may be.

1.2 Lists Not Exhaustive: Any list shall be an example only and shall not necessary be exhaustive. The word “including” is without limitation to the preceding words.

1.3 References to Legislation: References to legislation shall include any amendment or substitution to that legislation.

2. TERMS AND CONDITIONS

2.1 Application of Terms: By accessing or using the Website or the Services you agree that you have read, understood and are bound by these Terms. Your use of the Website or Services is subject to the following conditions and all applicable laws. If you do not agree with these Terms then you are not permitted to use or browse this Website.

2.2 Modification to Terms: We may modify, alter or otherwise update these Terms from time to time, with or without notice. Amendments will be effective immediately upon posting of the amended terms and conditions on the Website or when such Terms are provided to you, whichever is the earlier. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and to review such changes. You agree to be bound by the Terms as are in effect at the time at which you access this Website or the Services are provided to you. Your continued use of this Website after any change constitutes your acceptance of any new Terms.

3. CONTENT

3.1 Copyright: Content on this Website is owned by or licenced to TPS. The Content is subject to copyright, various intellectual property protections (registered and unregistered) and other proprietary rights.

3.2 Restrictions: You may not copy, reproduce, publish, upload, link to, post, transmit, store (including in electronic form) or modify in whole or part, whether in text, graphic, audio or video any part of the Content without the prior written permission of TPS. You may not upload or republish Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited.

3.3 Marks: Marks are registered or unregistered Marks of TPS or have been licenced to TPS by third parties. TPS are the owners or licensees of the Marks. You may not use the any of Marks without the prior written permission of TPS.

4. UNAUTHORISED USE OR INTERFERANCE

4.1 Interference with the Website: You may not:

(a) attempt to gain unauthorised access to any portion or feature of the Website, or attempt to obtain any Content through any means not purposely made available by TPS, including without limitation, hacking, password mining or otherwise accessing data without authorisation;
(b) test the vulnerability of the Website or any network connected to the Website or seek to trace any information on any other User;
(c) upload or use any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or the Website;
(d) use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
(e) use automated scripts to collect information from or otherwise interact with the Website;
(f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
(g) use or transmit the private information of any third party, including, without limitation, names, addresses, phone numbers and email addresses;

4.2 Compliance with Laws: You agree to comply with all applicable laws and with these terms and conditions at all times when using the Website.

5. INFORMATION, INTERACTIVE FEATURES AND SERVICES

5.1 Accuracy of Information: TPS will reasonably endeavour to ensure that all Content is accurate at the time uploaded to the Website or when provided having regard to circumstances known at the time. However, TPS makes no warranty or representation as to the accuracy of the Content at any particular time other than its obligation to reasonably endeavour to ensure that Content is accurate.

5.2 Indicative Only: All information whether alone or part of a Content or the Services and any representations provided by TPS is for information purposes only and is not intended to be relied or acted upon for any particular purpose unless that purpose is expressly acknowledged by TPS in writing.

5.3 Further Information: The information on this Website should always be read in conjunction with other materials and information available from TPS.

6. MEMBERSHIP AND TPS’ SERVICES

6.1 Membership Application: In order to commence or renew any membership and gain access to the Services you will follow any directions we put on the Website. You will follow the required steps to commence or renew your membership as applicable and complete the required information accurately and truthfully.

6.2 Fees: Fees are payable in advance and in the manner we determine from time to time. The Fees will, unless otherwise agreed in writing and signed by you and TPS, be our usual fees from time to time. We may change our Fees from time to time as we determine and may notify you of the same by either contacting you directly or publishing the same on our Website. If you fail to pay any amount due then we may cancel or suspend your access to the Services without further notice to you.

6.3 Fee Recovery: If you fail to pay any Fees when due then without limitation to our rights and remedies at law interest may be charged on such Fees at the rate of 2.5% per month and you shall be liable for all costs incurred by us in recovering the amount owing including debt collection agency fees and solicitor/client legal costs and expenses.

6.4 Membership Renewal: Once your membership is commenced or renewed you may not cancel your membership until the expiry of the Membership Period. The Membership Period will continually renew until either party (including through any process contained in the Website) terminates on notice, prior to expiry of the Membership Period. We may also cancel your membership at any time on notice. Unless otherwise agreed in writing or we cancel on notice during any Membership Period, TPS is not obliged to offer any refund for any part period where you cannot or do not use the Services. If you fail to renew your membership then any application for membership will be considered a new application for membership and we may charge you any joining fee we determine from time to time.

6.5 Variation of Services: TPS gives no warranty as to the number and/or extent of Services to be provided to any Member or User at any particular time. TPS may vary the number and/or extent of Services provided by it and you acknowledge that you have no right or claim in respect of such variation.

6.6 Disclaimer of Liability for the Services: The Content and/or the Services is for general informational purposes only and does not in any way constitute property, financial, accounting, legal or other professional advice and is intended to be general information rather than specific advice intended to be relied on by any person. Such content may not apply or be appropriate to your particular circumstances, may be given without full appreciation of your particular circumstances and is not intended to be relied on or to be in substitution for appropriate professional advice. TPS always recommends that you obtain your own timely independent specialist professional advice for your particular circumstances. For the avoidance of doubt in addition to the above all warnings, limitations of liability, indemnities or other clauses found herein relating to timeliness, accuracy or any other quality of the content shall equally apply to TPS’ Services or Content.

6.5 Miscellaneous: While we do our best to provide you with informative and regular content for the Services we are under no obligation to provide such content with any fixed regularity, of a particular type or description or of any particular quality or of a certain production value and you expressly acknowledge this.

6.6 Technical Difficulties: If you have technical difficulties in utilising or otherwise accessing the Services, we will not provide technical support but will endeavour to be reasonably helpful. TPS content may only run on certain operating systems, web browsers or other technology. It is your responsibility to ensure you have equipment and software suitable to utilise or otherwise access TPS Services and content and we shall have no liability including, but not limited to, no obligation to offer refunds if you can’t consume content because of the particular equipment and/or software you use.

7. PRIVACY

7.1 Your personal information will be collected, used, held and disclosed in accordance with TPS’ Privacy Policy available at https://www.tenancy.co.nz/privacy-policy/. If you require any assistance in locating TPS’ Privacy Policy or you would like us to provide you with copies, please contact us using the contact details in the Privacy Policy or at L2 36 Williamson Ave, Grey Lynn, Auckland , privacy@tenancy.co.nz or 09 304 0853 By accessing or using this Website you agree that you have read, understood and are bound by TPS’ Privacy Policy.

8. ELECTRONIC MESSAGES

8.1 Consent to Receive Electronic Messages and/or Communications: If you provide us with your email address or cell phone number via the Website or otherwise then you consent to TPS providing you with information about TPS Services in electronic form to that email address or cell phone number.

9. EXCLUSIONS OF WARRANTY AND LIABLITY AND INDEMNITY

9.1 Links: Links and references to other websites may be included on this Website as a convenience only. TPS may not have reviewed and does not endorse or assume any responsibility for any other websites, material posted on them, or products or services offered on those websites. You agree only to use third party websites as intended and for their intended purpose.

9.2 Transmitted Information: You acknowledge that any information or material which you provide electronically through your access to or usage of this Website or the Services is not confidential or proprietary and acknowledge that unprotected communication over the Internet is subject to possible interception, alteration or loss. You acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website may be read or intercepted by others, even where a Website is stated as being secure. TPS shall have no liability for the interception or ‘hacking’ of data through the Website by unauthorised third parties.

9.3 Website content: TPS may update Content from time to time and no assurance is given that information or material on this Website is up-to-date, accurate, error-free or complete. TPS does not represent or warrant that the Content or Services will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

9.4 Website functionality and availability: TPS makes no representation or warranty regarding the functionality or condition of this Website, its suitability for use, or that its use will be uninterrupted or error-free.

9.5 Liability excluded: TPS will not be liable to any person or entity for any damage, direct or indirect, incidental, special or consequential for access to, use of or inability to use this Website or in provision of the Services. TPS assumes no liability for errors or omissions in the Content or any of Services including any inaccuracies and for any non-compliance with any representations, illustrations, specifications, product features or other information contained on the Website. The Website, Content and Services are provided “as is” without warranty of any kind, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose.

9.6 Consumer Legislation: Where you and we are acting in trade for the purposes of the Consumer Guarantees Act 1993 then all parties agree to contract out of the Consumer Guarantees Act 1993 and you agree that it is fair and reasonable to do so. Where you and we are acting in trade for the purposes of the Fair Trading Act 1986 then all parties agree to contract out of s 9, 12A and 13 of the Fair Trading Act 1986 and you and TPS agree that it is fair and reasonable to do so.

9.7 Use of Site: Under no circumstances will TPS be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content or the use of Content by any other User.

9.8 Limitation of Liability: To the maximum extent permitted by law, any and all liability of TPS which arises in connection with the provision of Services, these Terms, or in connection with the Website, another User’s acts or omissions, or your use of or inability to use, the Website is excluded. Furthermore, TPS’ liability is excluded in respect of any indirect, incidental, punitive, and consequential damages. Where we are nevertheless found liable to you, our liability will be limited to the greater of the total sum of such liability or the equivalent of one calendar months Fees.

9.9 Indemnity: You agree to indemnify TPS and keep TPS indemnified at all times hereafter from and against all actions, claims, costs (including all solicitor/client legal costs and expenses) losses, damages, liabilities or demands suffered or incurred by TPS arising out of or in connection with your failure to comply with these terms and conditions. On any default or failure by you to observe and perform any of the covenants terms and conditions of these terms and conditions you will forthwith on demand by us pay to us and make good all losses and expenses sustained or incurred by us by reason of or in consequence of any such breach, default or failure by you.

10. RULES

10.1 General Rules of use of Site

(a) All communications made on the Website shall be made in good faith;
(b) You must not attempt to interfere with or harm the Website, or any network, or system underlying or connected to them;
(c) You must not use the Website or any part of it other than for its intended purpose;
(d) You may not modify, adapt, translate or reverse engineer any portion of the Website;
(e) You may not collect any information about other Users for any purpose other than as expressly permitted;
(f) You must not create or transmit unwanted electronic communications such as “spam” to other Users or otherwise interfere with another User’s enjoyment of the Website;

(g) Such other Rules we shall make known to you from time to time.

10.2 Content Submitted or Made Available for Inclusion on the Website: We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements of Users, any advertiser or other person providing Content or that the Content contained therein is current. From time to time certain persons may provide articles, blogs or other Content. You acknowledge that that Content is for general information purposes only and is not specific information intended to be relied on. Such content may not apply to your particular circumstances and is not intended to be relied on or to be in substitution for appropriate professional advice. TPS always recommends that you obtain your own timely independent specialist professional advice for your particular circumstances and TPS cannot be held liable for any acts or omissions that arise from your use of any such information. TPS shall have the right in their sole discretion to pre-screen, refuse, edit or move any Content, that is available on the Website. Without limitation TPS has the right to remove Content that violates the Terms or is otherwise objectionable.

11. SECURITY

11.1 Passwords: Where you register on the Website you may be asked for your name, email address, other contact details and a password. Because your username and password allow online access to information you have stored TPS requires you to keep your username and password secure and you should not give out your user name or password to any other person. TPS will never ask you to disclose your password.

11.2 Password Security: TPS recommends the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver’s licence, licence plate or passport. Nor may it be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your login and password, and for all activity which occurs on or through your account, whether authorised or unauthorised. If any unauthorised party gains access to your username and password, you are required to notify us immediately and change your password immediately. TPS shall not have any liability for your failure to comply with these obligations.

12. MISCELLANEOUS

12.2 Governing Law: Use of this Website and these Terms shall be governed by the laws of New Zealand without reference to principles of conflict of laws. You agree to be bound by such laws and irrevocably agree to submit to the jurisdiction of the courts of New Zealand in connection with the interpretation or application of these Terms. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

12.4 System Integrity: TPS will use its reasonable endeavours to ensure that the Website is always available, subject to any downtime required for maintenance. TPS will endeavour to provide advance notice of planned maintenance; However, TPS takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Website being unavailable.

12.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights. 12.6 Notices: We may serve notices to any of the contact details you have provided to us or that are publicly available in this discretion of TPS. All notices sent by us shall be deemed sent upon our sending.

12.7 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

12.8 Entire agreement: Subject to 12.9 below, these Terms supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these Terms.

12.9 Application of TPS Rules: Members will in addition to these Terms and conditions have their conduct governed by the Rules. You agree that in the event that and to the extent that a Rule conflicts with a provision in these terms and conditions then the Rules will apply. Any alleged breach under these Terms and conditions may be enforced by us under these Terms and/or as a breach of the Rules as we in our sole discretion determine. Any remedy we exercise pursuant to these Terms does not limit any action we may take under the Rules or vice versa.