RealEstatePros Terms of Use


RealEstatePros is a real estate agent comparison site which acts as an online platform to connect customers who are seeking real estate services with realtors who provide such services.    

1. Definitions


1.1. The following words and phrases have specific meanings wherever you see them used in these Terms.    

Content: means computer code, text, graphics, images, music, software, audio, video, information or other digital materials.
Customer: means the person who posts a Real Estate Request on the Website.
HDCA: means the Harmful Digital Communications Act 2015.
Listing: means the listing of a Real Estate Agent’s real estate services on the Website.
Real Estate Agent: means an individual who offers real estate services on the Website.
Real Estate Contract: means an agreement for real estate services between a Customer and Real Estate Agent.
Real Estate Request: means a request for real estate services posted on the Website by a Customer.
RealEstatePros: means Emagic Ltd and our, us and we used in these Terms refer to RealEstatePros.
RealEstatePros Account: means your account and profile information on the Website.
Referral Fee: means the fees charged to a Real Estate Agent in exchange for Customer contact information and any other fees charged at any time.
Review: means the review provided by a Customer in respect of their experience with a Real Estate Agent.
Services: means the provision of the Website to Realtors, Customers and others to facilitate Listings, Property Requests, Reviews and other associated services from time to in accordance with these Terms.
Website: means the RealEstatePros website at www.RealEstatePros.co.nz
Terms of Use: means these terms of use.
You: means the person who accepts these Terms in accordance with clause 2 below.   

2. Contract


2.1. By using the Website you confirm that you accept and agree to comply with these Terms whether or not you become a registered user of the Services.    

2.2. If you accept these Terms on behalf of a company or other legal entity, you warrant that you have the authority to bind that entity to these Terms. In such case, where appropriate, “you”, “your” as applicable, will refer to that entity.    

2.3. Please also read our Privacy Policy, because it will apply to all the information you provide to RealEstatePros and forms part of these Terms. By accepting these Terms, you also accept our Privacy Policy.    

2.4. If you do not agree to be bound by these Terms including our Privacy Policy, you must not use our Website.    

2.5. We may review and update these Terms from time to time by providing you at least 30 days’ notice of the change, whether via the Website or by sending you an email. Your continued use after that notice means that you agree to the changed Terms.

3. How RealEstatePros Works


3.1. RealEstatePros acts as an online hub to connect Customers with Realtors by facilitating information between the two parties.    

3.2. Customers may receive appraisals from Realtors for Real Estate Requests and may enter into Real Estate Contracts. Real Estate Contracts are between the Customer and the Real Estate Agent and will be subject to the Real Estate Agent’s own terms and conditions.    

3.3. RealEstatePros is not a party to the Real Estate Contract itself or any other any agreement between a Customer and Real Estate Agent. RealEstatePros has no control over the conduct of Customers, Realtors or other users of the Site. RealEstatePros cannot and does not control the content of any Listings or Reviews. RealEstatePros is not a provider of real estate services.
  

4. Creating a RealEstatePros Account


4.1. To create a Listing, you must first create a RealEstatePros Account.    

4.2. To create a RealEstatePros Account you must be over the age of 18 and must not have an existing RealEstatePros Account.    

4.3. You may not sell or transfer your RealEstatePros account to another party without our written consent.    

4.4. You agree to provide accurate, current and complete information during the RealEstatePros Account registration process and to update such information to keep it accurate, current and complete at all times. If you provide any false or misleading information, we may terminate your RealEstatePros Account in accordance with clause 11.    

4.5. RealEstatePros may, but is not obliged to, require you to provide reasonable evidence to verify the information you supply to RealEstatePros when creating a RealEstatePros Account, Real Estate Request or Listing.    

4.6. You agree not to use the Website for purposes other than its intended use including the attempt to copy, reverse engineer or reconstruct any part of or other versions of the Website in any type platform for self-gain unless you have written consent from RealEstatePros.    

4.7. You must notify us immediately if you suspect the unauthorised use of your RealEstatePros Account or any other breach of security.   

5. Creating a Listing


5.1. If you are a Real Estate Agent and wish to apply to create a Listing, you must respond to the mandatory questions required on the Website relating to your business and real estate services offered.    

5.2. Listing applications are subject to RealEstatePros approval.    

5.3. RealEstatePros reserves the right, at any time and without prior notice, to reject, remove, or temporarily or permanently disable access, to any Listing for any reason or no reason, which need not be disclosed to anyone. This includes, but is not limited to, Listings that RealEstatePros considers in its sole discretion, to be inappropriate or objectionable, in violation of these Terms, in breach of any law in any jurisdiction or which are, or may be, harmful or detrimental to RealEstatePros, the Website or any Customer or third party. RealEstatePros shall not be liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with a rejected, removed or disabled Listing application or Listing.    

5.4. RealEstatePros is not responsible for a Real Estate Agent’s compliance with applicable laws, rules, regulations, or any agreements with or duties to Customers or other third parties.   

6. Creating a Real Estate Request


6.1. If you as a Customer wish to apply to create a Real Estate Request, you must respond to the mandatory questions required on the Website.    

6.2. By creating a Real Estate Request you consent to your contact details, including email, telephone number and property address, being provided to Realtors for the purpose of providing you with an appraisal or other relevant information for a Real Estate Request.

7. Code of Conduct

 
7.1. General: By using the Website and maintaining a RealEstatePros Account you agree:    

7.1.1 Not use the Website to:    

(a) Conduct, promote or provide information about illegal activities;
(b) Mislead, abuse, harass, threaten, defame or otherwise offend others or cause anyone “harm” as that term is defined in the HDCA;
(c) Engage in or promote any surveys, contests, pyramid schemes, unsolicited emails or spamming;
(d) Impersonate or create a profile for someone else or entity other than who you represent;
(e) Solicit passwords or personal information for malicious intent;
(f) Infringe any third party copyright, intellectual property or other rights.    

7.1.2 Not to engage in the following prohibited activities such as:    

(a) Copy or Mirror any part of the Website without prior written consent to do so;
(b) Using robots, spiders, other devices or processes to trawl the Website to collect information in any way;
(c) Modify, translate, sell, disassemble or reverse engineer and part of the Website and the Services with exception only permitted by law.
(d) Using references to RealEstatePros to direct other people to any other website unless you have written authorisation to do so.

7.2. For Customers: By using the Website and maintaining a RealEstatePros Account you agree:    

7.2.1 To only post honest and fair comments and reviews in your feedback in respect of your customer service experience with Realtors.    

7.2.2 To only list legitimate Real Estate Requests.    

7.3. For Realtors: By using the Website and maintaining a RealEstatePros Account you agree:    

7.3.1 To only list accurate information in relation to your business and the real estate services you provide.    

7.3.2 To only post honest and fair comments in response to Reviews.    

7.3.3 To treat any personal information relayed onto you from RealEstatePros on behalf of Customers regarding a Real Estate Request as private and confidential.    

7.3.4 That you are solely responsible for any Real Estate Contract you enter into with a Customer.    

7.3.5 That in no way do you represent RealEstatePros when you contact a Customer.    

7.4. RealEstatePros has no obligation to monitor any party’s use of the Website. However we reserve the right to audit, monitor, retain and disclose any information necessary at times to satisfy any local Law.    

7.5. We may remove, take down or otherwise disable access to any Content or material posted to the Website, whether in a Listing, a Review, a RealEstatePros Account, a Real Estate Request or otherwise, either temporarily or permanently, for any reason or no reason. If we do, we shall endeavour to notify you but shall not be obliged to do so. If you have any concerns about Content on the Website under the HDCA or otherwise or wish to issue a counter notice under the HDCA in respect of Content we have removed, please email us with the information required under the HDCA to support@realestatepros.co.nz.   

8. Fees


8.1. Fees for Realtors    

8.1.1 It is free to join RealEstatePros and create a Listing and browse Real Estate Requests. In consideration for the provision of Contact Details, RealEstatePros charges a Referral Fee.    

8.1.2 Referral Fees are subject to change at any time. RealEstatePros may in the future offer additional services of benefit to Realtors and reserves the right to charge fees for such Services.    

8.1.3 You agree to pay all Referral Fees incurred to your account based on RealEstatePros fees structure and billing terms. For any reason, if RealEstatePros cannot charge your credit card or secure payment through other payment methods successfully, RealEstatePros reserves the right to enter your account into a grace period at which access to your account and Services will be limited or terminated.    

8.1.4 Referral Fees include GST.    

8.2. No Fees for Customers    

8.2.1 It is free to list Real Estate Requests, obtain and request appraisals and browse the list of Realtors.   

9. Cancellation


9.1. A Customer may cancel their RealEstatePros Account at any time.    

9.2. A Real Estate Agent may cancel their RealEstatePros Account or subscription to any Services by submitting a cancellation request in writing to RealEstatePros no less than 3 days prior to the auto renewal billing date where applicable.   

10. Refund Policy


10.1. Refunds will not be provided for genuine Real Estate Requests. Refunds for fake Real Estate Requests can be requested by contacting support@realestatepros.co.nz.    

10.2. All refunds are at the sole discretion of RealEstatePros.   

11. Termination


11.1. RealEstatePros has the right to terminate any RealEstatePros Account, at any time, for any reason or no reason at all. This includes, but is not limited to, RealEstatePros Accounts that RealEstatePros considers in its sole discretion, contain invalid information or to have been used for inappropriate or objectionable activities, are in violation of these terms, have beached any law in any jurisdiction which may be harmful to RealEstatePros, the Website or any third party.    

11.2. RealEstatePros shall not be held liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with the termination of your RealEstatePros Account.    

11.3. In the event of the termination of your RealEstatePros Account, you agree that all Referral Fees paid to RealEstatePros are deemed non-refundable.    

11.4. If your RealEstatePros Account is terminated, we do not have an obligation to delete or return to you any Content you have posted to the Website.   

12. Feedback and Review Feature


12.1. RealEstatePros provides a user Review system to provide an overall performance and satisfaction rating of individual Realtors from Customers. Customers may voluntarily post comments, compliments, reviews and other opinions regarding the serviceability of the Real Estate Agent listed on the Website and the Real Estate Agent can respond.    

12.2. As a Service Provider you agree that Customers whom agree to use your services are able to post such feedback and opinions regarding your customer service and serviceability. Reviews are considered to be non-proprietary and such information is accessible publically on the Website and RealEstatePros has the right to use such information without any limitation.    

12.3. It is expected that Customers only post Reviews that are deemed acceptable, fair, honest and justifiable. RealEstatePros does not guarantee that all Reviews will adhere to these criteria. RealEstatePros reserves the right to audit, hide and withdraw any comments deemed offensive, unlawful, harmful, profane, defamatory, malicious or harmful under the HDCA.    

12.4. If a Customer is found to continually post any of the outlined above unjustifiable negative Reviews RealEstatePros can at any time and without prior notice terminate the Customer’s RealEstatePros Account and deny access to its Services and Website.
  

13. Review Guidelines


13.1. RealEstatePros takes its position as New Zealand's leading real estate comparison site very seriously. For that reason, we cannot simply remove Customer reviews that a Real Estate Agent may think are unfair or unwarranted unless required to do by a court or other authority having competent jurisdiction or we decide to do so in our sole discretion. RealEstatePros does not get involved in resolving disputes or take sides. We also do not actively edit, delete or censor reviews. We do however at times edit or delete reviews where we believe our Review guidelines have been violated.    

13.2. The more Reviews featured on the Website, the less the likelihood of one or more individuals skewing the feedback system. We encourage everyone visiting the site to review any Real Estate Agent they have used. Every Review posted improves the Services. We also encourage all Realtors to ask their satisfied Customers to review them on RealEstatePros.    

13.3. Customers    

13.3.1 It's the Customer's responsibility to ensure they provide honest information in their Reviews. Reviews should not reveal personal information about a person that does not relate to the review.    

13.3.2 You are not to submit false Reviews under any circumstance. RealEstatePros is about sharing genuine honest reviews. It's not an outlet for personal vendettas or competitor bashing. Those caught submitting unscrupulous reviews or feedback will have their RealEstatePros Account terminated and IP address banned from accessing this Website.    

13.3.3 Reviews of your own business or employer are not acceptable.    

13.3.4 You must have been a Customer of the Real Estate Agent you are reviewing.    

13.3.5 You should submit only one Review per Real Estate Agent.    

13.3.6 You, as the poster of the Review, are responsible for the review content.    

13.3.7 You agree to completely indemnify RealEstatePros, its directors and employees against any losses or costs which may arise from your Review. You also agree that RealEstatePros shall not be held responsible for any actions taken against you due to the contents of your Review.    

13.4. Realtors    

13.4.1 Whether a registered member or not, Realtors can address issues directly by posting a response to a Review, which is encouraged. If you do not hold a RealEstatePros Account, you can join for free and manage your Listing directly.    

13.4.2 You agree not to use responses to Reviews to launch personal attacks, advertise, or offer an incentive to change a Review.    

13.4.3 If you notify us of a Review that is not genuine we will send an email to the Customer requesting evidence they were a Customer of the Real Estate Agent in question, such as a copy of the appraisal, contract, invoice or receipt. If this cannot be produced, the Review will be removed. If it is produced, the Review will remain on the basis that Customers are entitled to express their opinion even though the Real Estate Agent may not agree with it.    

13.4.4 It is your responsibility to notify us of any Reviews which are defamatory, irrelevant to the service provided or do not reflect the terms of a judgment or arbitral decision obtained by the parties. While RealEstatePros reserves its discretion to remove a Review, we will comply with the direction of any court.    

13.4.5 Crowd out any negative reviews with more positive ones. RealEstatePros always displays ratings in order of date with the most recent at the top. Visitors to the site pay most attention to recent reviews and your overall star rating when making their decision. The more positive ratings you have, the better your overall rating and the less relevant the odd poor review becomes. We encourage Realtors to use the “Request Reviews” function from their account to quickly and easily invite Customers to review them.   

14. Intellectual Property Rights


14.1. RealEstatePros owns all intellectual and other proprietary rights associated in the Website and Services including but not limited to the software, profile questionnaires, graphics, photos, videos, sound, any trademarks, copyrighted information and logos (“RealEstatePros’ Intellectual Property”). By using the Website you acknowledge that you are prohibited from posting, copying, modifying, forwarding, reproducing, displaying in public and making commercial use of any other derivative works of RealEstatePros’ Intellectual Property unless you have prior written consent from RealEstatePros.    

14.2. Registered Users of RealEstatePros may submit information when using the Website. Such information is the sole responsibility of the particular person or entity that submitted the information and the consequences of posting it. All submitted information is identified as copyright protected whether it has copyright protection or not with the exception of Customer submitted feedback and reviews. Where copyright ownership belongs to a third party, you are obligated to attain the necessary rights before using such information.    

14.3. You acknowledge by submitting Content to the profile pages or common areas of the Website you certify you have the right to grant and therefore expressly grant RealEstatePros with an irrevocable, perpetual, royalty free license to use, communicate, reproduce and publicly display for commercial purposes and any other purposes all the information you have submitted.
    

15. Viruses and Malware


15.1. RealEstatePros does not guarantee that the Website will be secure or free from bugs, viruses or other malware. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website (if applicable). You should use your own virus and malware protection software.    

15.2. RealEstatePros will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, malware or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, or on any website linked to the Website.    

15.3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, malware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.   

16. Communication


16.1. RealEstatePros may from time to time use your email address to send you messages notifying you of any important changes to our Services or special offers and promotions. If you have voluntarily provided us with your telephone number, we may use this as an alternate source of contacting you regarding our Services. If you do not want to receive such email messages or telephone calls you can notify us via our contact details listed on the Website.   

17. Disclaimer of Warranties


17.1. You understand and acknowledge that the Services are provided on an “as is” and “as available” basis and RealEstatePros does not accept any responsibility for the prompt or delayed delivery, accuracy or existence of information between users.    

17.2. RealEstatePros does not warrant that the Services will be secure, uninterrupted, defect-free or will meet your requirements. Furthermore will not warrant any information or content obtained from the use of the Website including the facilitation of user submitted information will be correct, accurate or reliable.    

17.3. In using the Services, you may agree to engage in the Services provided by another entity, your choice to involve yourself in these Services will be subject to separate terms between you and the entity involved. You agree that RealEstatePros has no selection over which entity you choose to involve and you use these Services at your sole discretion and risk.   

18. Limitation of Liability


18.1. You acknowledge and agree that you use RealEstatePros Services at your own risk and RealEstatePros will not be responsible for or accept any liability in relation to any direct or indirect damages including but not limited, to loss of profits, loss of data, service interruptions, even if RealEstatePros knows of or has been advised of the possibility of such damages.    

18.2. While RealEstatePros undertakes initial limited screening of individuals and businesses registering for the Services, RealEstatePros accepts no responsibility in relation to the conduct of these individuals and businesses towards future users of the Website and Services.    

18.3. Under no event will RealEstatePros be liable for any damages whether directly or indirectly relating to the conduct of you or anyone else in connection with the use of the Website or Services including but not limited to financial loss, emotional distress, or other damages resulting from business dealings with other Service Customers or Realtors including Advertisers linked on our Website.    

18.4. You acknowledge and agree that RealEstatePros makes no representations towards the accuracy of information provided by users of the Website and have no liability to you resulting from incorrect information.   

19. Indemnification


19.1. By accepting these Terms, you agree to indemnify Emagic Ltd including its directors, employees, contractors, officers, agents and other partners from any liability, loss, damage, cost and expenses (including reasonable legal expenses) resulting from your use of the Services or any unauthorised use of your account resulting in alteration of your communications with other users through the Services, the use of information submitted by you and any breach to these Terms by you. Any business agreements or transactions, which may arise between users through the use of RealEstatePros and its Services are the sole responsibility of the parties involved.   

20. Complaints and Disputes


20.1. If you have an issue or complaint regarding the Website or Service, please consult the “Frequently Asked Questions” page. Following this, if your issue or complaint has not been resolved you could contact us by email at: support@realestatepros.co.nz    

20.2. RealEstatePros has no direct or indirect involvement with Real Estate Contracts. We act only as a neutral facilitator of information between both parties. The Customer and Real Estate Agent are responsible for resolving any issues or disputes that may arise from a Real Estate Contract.    

20.3. RealEstatePros treats complaints with the utmost seriousness and operates a Three Strike Policy in order to only list quality Realtors. In the event that multiple complaints have been marked against a Real Estate Agent’s account, RealEstatePros reserves the right to terminate the account of the service provider to supply its users with only quality Realtors.   

21. Variations


21.1. RealEstatePros shall have the right to make any changes to the Services or to withdraw or suspend any Services or all the Services at any time, for any reason or no reason. Any changes shall take effect 30 days after being notified on the Website but shall not apply to any subscription already in train. The new terms shall apply if such subscription is renewed, from that date.   

22. Miscellaneous


22.1. The failure of either party to enforce its rights under these Terms at any time for any period shall not be construed as a waiver of such rights.    

22.2. If any part, term or provision of these Terms is held to be illegal or unenforceable, neither the validity or enforceability of the remainder of these Terms shall be affected.    

22.3. Any notices or other communications permitted or required here under, including those regarding modifications to these Terms, will be in writing and given by RealEstatePros:    

22.3.1 via email (in each case to the address that you provide) or    

22.3.2 via the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is sent.    

22.4. RealEstatePros may assign or transfer all or any part of its rights under these Terms, including any contract with a Real Estate Agent, at its sole discretion, without restriction. You may not assign or transfer your rights under any such contract without RealEstatePros prior written consent, which may be withheld in absolute discretion.    

22.5. These Terms shall be construed, enforced and governed in accordance with the laws of New Zealand, and the parties submit to the exclusive of the New Zealand courts.    

These terms were last updated on 26/02/2018.