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TERMS AND CONDITIONS
 
Introduction and Definitions

These Terms and Conditions (Agreement) explain our obligations to you, and your obligations to us, for all goods and services and Services provided to you by or through us.

We may change this Agreement at any time. Changes to this Agreement will vary this Agreement. The posting of changes to this Agreement constitutes notice and acceptance of any and all such changes.

  • "the Site" refers to the website at www.epropertystop.com and network;
  • "us", "we", "our" or "the Company" refers to Sonisung Limited and its parent and associated companies, subsidiaries, affiliates, representatives and partners and includes their directors, employees, agents, licensees, invitees, contractors and all other persons under their control or direction;
  • "you" or "your" refers to the user of the website or the Services.

For the purposes of this Agreement “Content” means any information or material (to be interpreted as broadly as possible in our favour and for the removal of doubt includes any advertising, product advice, or other activity) contained, posted or otherwise available on or from the Site or the Services.

By accessing or using the Site (www.epropertystop.com) or the Services you signify that you have read, understand and agree to be bound by this Agreement, whether or not you are a registered member of www.epropertystop.com.

We may change this Agreement at any time. The posting of changes to this Agreement on the Site, your subsequent use of the Site and/or the Services constitutes acceptance of such changes. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions and to review such changes.

Information

You agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("the Information"), safeguard your user name and password from any unauthorised use or misuse, maintain and promptly update the Information, and be fully responsible for all use of your account and for any actions that take place using your account.

You may decide not to provide the Information. If you decide not to provide the Information then you will not be able to register as an account holder.

You agree that you are 18 or over and legally competent to enter into a contract or that you have the consent of a parent or guardian to use the Site, provide the Information and use the Services.

YOU ARE LIABLE FOR ALL COSTS AND CONSEQUENCES ARISING FROM YOUR USE OF THE SITE AND/OR THE SERVICES

Intellectual Property

The design and Content of the Site and the information available on it (“the Material”) may be protected by various forms of intellectual property.

EPROPERTYSTOP is a trade mark of the Company. Other than as a reference to the Company, the Site or the Services you are not authorised to use the Company’s trademarks in any way without the prior written permission of the Company including as domain names, in connection with any product or service in any manner that is likely to deceive or cause confusion, in whole or in part.

User Conduct

BY ACCESSING OR OTHERWISE USING THE SITE OR THE SERVICES YOU AGREE THAT:

  • To the extent we have the right to do so, we grant you a non-exclusive royalty free right to download and use the Material for your own personal non commercial use. Use of the Material for commercial gain or reward or that enables a third party to obtain a commercial gain or reward is not permitted.
  • We do not warrant that we own or have rights to the Material that allows you to download print or use the Material.
  • Except for advertising programs offered by us on the Site, the Material, the Services and the Site are available for your personal, non-commercial use only. You will not upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • We do not warrant that the Site is free from any form of virus, worm or other malware.
  • We do not represent or warrant that the Site, the Material or the Services are accurate, complete, reliable, current or error-free.
  • You rely on, download, use or otherwise access the Site, the Material and/or the Services at your own discretion and risk in all respects. You will be solely responsible for any damages to your or any other property arising from your use of the Site and/or Services.
  • We are not responsible or liable in any manner for any advertising, Content or Software on the Site or provided in connection with the Services. Without limitation the Site, the Services and any Content including any advertising are provided "as-is" and to the fullest extent permitted by law we disclaim any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Site and/or the Services.
  • For the removal of doubt we are not responsible for the activity, products (including services provided) or Content offered or provided through the Site by users, clients or advertisers and use of such is at your own risk in all respects to the fullest extent permitted by law. We do not warrant the availability of the Site or the Services. Without limitation the Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to users or to any other persons’ computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Services.
  • You are solely responsible at your sole cost and expense for creating backup copies and replacing any Information or Content you post or store on the Site or provide to the Company
  • Cookies or other code may be downloaded from the Site or the Services either with or without our knowledge. For the purposes of S252 of the Crimes Act 1961 you authorise us to allow such a download and agree to hold us harmless from any consequences that might arise from such a download.
  • Any links to or from the Site are utilised at your own risk in all respects. The existence of a link with another web site or service does not constitute an endorsement by us of that website or service or that we agree or disagree with any Content connected with such a website or service. We are not responsible for any loss, injury, claim, liability, or damage arising from use of or access to the Site and/or Services or any website linked to the Site, whether from errors or omissions in the Content of the Site or any linked websites, from this Site or any linked websites being down, or otherwise howsoever.
  • Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
  • We do not warrant that we monitor the Content, the Site or the Services for compliance with this Agreement and therefore that the Content does not breach this Agreement or is otherwise objectionable on any grounds whatsoever, Without limitation we do not warrant that the Content, Services, Site or the Material or any part of it is suitable for minors of any age or any other person.
  • You will not harvest or collect the email addresses or other the Information of other users from the Service or the Site by electronic or other means and nor will you use automated scripts to collect Material or the Information from or otherwise interact with the Service or the Site.
  • You will not use the Site or the Services to directly or indirectly attack, harm or otherwise injure another person, computer or other electronic system including us. Without limitation this means:
  • you will not upload, post, transmit, share, store or otherwise make available any harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable Content;
  • you will not upload, post, transmit, share or otherwise make available any material that contains software viruses spyware or any other computer code, files or programs designed to copy, access, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;,
  • you will not intimidate or harass another;
  • you will not upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers.
  • you will not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • that no Content of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site or the Services will violate or infringe upon the rights of any third party, including the intellectual property, privacy, or other personal or proprietary rights of another; or contain libelous, defamatory or otherwise unlawful or harmful Content
  • you will not upload, post, transmit, share, store or otherwise make available Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
  • Your use of the Site and the Services will be in accordance with the law at all times and in all respects. Without limitation this means that you will not upload, post, transmit, share, store or otherwise make available Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
  • You will not register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
  • You will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
  • You will not use or attempt to use another's account, service or system without authorisation from the Company, or create a false identity on the Service or the Site.
  • We may ban your use of the Services and/or access to the Site without notice at any time in our sole discretion for breach of this Agreement or in the event we consider it necessary to protect us or some other person or to comply with a request from law enforcement or some other governmental or regulatory agency and you agree not to take any action of any kind against us directly or indirectly because of our decision.
  • We will co-operate with law enforcement and any other governmental or regulatory agency fully and without regard to any harm or consequences it might have for you and you agree not to take any action of any kind against us based directly or indirectly on such co-operation.
  • When you post Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorise sublicenses of the foregoing.
  • You will not attempt by act or omission to bring the Site or the Services into disrepute.
  • We reserve the right to change the Site, the Services and any and all Content, software and other items used or contained in the Site and the Services at any time without notice.
  • We may in our sole discretion and which shall be final in all cases remove any Content from the Site that we consider inappropriate, in breach of this Agreement or that it is in our best interests to remove.
  • Without limitation when we receive notification of alleged intellectual property infringement, it is our general but not only or sole approach to promptly remove or disable access to the allegedly infringing Content and to terminate the accounts of repeat infringers. If you believe that any material on the Site infringes upon any intellectual property which you own or control, you may send a written notification of such infringement to us.
  • We are not obliged to take any action in reply to a complaint, concern or other issue you have about anything to do with us, the Material, the Site or the Services.
  • Our decisions under this Agreement as between you and us shall be final.
  • We shall be under no obligation to give reasons for or enter into any communication regarding any decision we make under this Agreement.
Indemnity

To the fullest extent permitted by law you indemnify and hold us harmless from and against our full legal and internal costs (including for economic loss, damages, expenses settling any liability, claim or demand) to pay or otherwise deal with any claims, judgements or other actions taken against us arising directly or indirectly from the Site, Content, Services or the Material irrespective of whether we could have avoided the claim, judgement or other action in question or whether it arose out of or in connection with your conduct in connection with other users or any violation of this Agreement or of any law or the rights of any third party

User Disputes

You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to resolve or monitor disputes between you and other users.

Privacy
  • The IP address of your machine when connecting to this website;
  • The domain name from which you are accessing the Internet;
  • The operating system and browser your computer system uses;
  • Any search engine you are using;
  • The date and time of your visit and the pages that you view.

We collect and hold the Information and other personal information:

  • to provide the Site and the Services;
  • to make the Site and the Services more appealing to you and others;
  • to create statistical data regarding market, product and other trends;
  • to market the Site and Services

You acknowledge and agree that we may use the information we collect and hold about you and may exchange information about you including for our benefit with our associated companies, affiliates, partners, contractors, agents and representatives, with other carriers, and with third party marketing, credit reporting and debt collection agencies.

While we take your privacy seriously we do not guarantee it.

You may obtain access to, and correct, any information held by us under the Privacy Act 1993 at any time by accessing your account.

We will hold the Information and any other personal information we might collect about you for 7 years or as otherwise required by law after you cease to be an account holder or to use the Site or Services.

Limitation on Liability

We accept liability for any personal injury or loss or harm to property only to the extent it is illegal for us to exclude such liability and to the extent we cannot exclude liability, our liability is limited to NZ$100. For all other loss or harm whether arising from use or provision of the Site or from the Services or this Agreement our liability is excluded absolutely. You agree that the Site and the Services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption.

For the removal of doubt:
  • where the you are accessing the Site or the Services provided by or on behalf of us for business purposes, the provisions of the Consumer Guarantees Act 1993 imposing any liability upon us will not apply and we will not be responsible for (and you indemnify us against) any loss or harm including without limitation consequential damages, economic or financial loss, loss of profits or savings, loss of data, loss of funds or any other liability whether in contract, equity or tort arising directly or indirectly from use or the provision of the Site or the Services;
  • Representations and agreements not expressly contained herein or incorporated by reference shall not be binding upon us as conditions, warranties or otherwise;
  • All conditions and warranties (including fitness for purpose) whether express or implied by law are expressly excluded to the extent permissible by law;
  • This Agreement and any terms and conditions incorporated into this Agreement by reference form the whole of the agreement between the parties and any additions or modifications or termination of this Agreement shall be in writing and except as otherwise provided in this Agreement, will only be binding when signed by authorised representatives of both parties.
  • The Site and Services are intended solely for users within New Zealand and we accept no responsibility for liability arising for any reason outside of New Zealand unless expressly assumed in writing by us.
Governing Law

The Site and the Services are intended only for users subject to New Zealand law and jurisdiction.

This Agreement shall be governed by and interpreted and enforced in accordance with the laws of New Zealand. Any action relating to this Agreement must be brought in New Zealand and you irrevocably consent to the jurisdiction of the New Zealand courts located in Wellington, New Zealand.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services ("Submissions"), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms’ "includes", "including", "e.g.,", "for example", and other similar terms, are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalised will have the meaning attributed to them in these Terms.

No provision shall be construed against us solely because we prepared this Agreement or because of the manner in which this Agreement is provided to users.

Other

These Terms and Conditions constitute the entire agreement between you and us regarding the use of the Site and/or the Services, superseding any prior agreements between you and us relating to the Site and/or the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The remainder of this Agreement shall continue in full force and effect.