Privacy Policy
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Thank you for visiting the website located at https://www.homesimple.co.nz (the “Site“) of Home Simple. (“We“, “us” or “Home Simple“). Please carefully read our Terms of Use (the “Terms“) as well as our privacy policy (“Privacy Policy”), which we may update from time to time.
We provide value-added services meant to connect customers with service providers, as further described at https://homesimple.co.nz (together with the Site, the “Services“). By accessing the Site or using our Services, you thereby agree to the Terms and our Privacy Policy. “ You” means a user of the Site and/or Services. If you do not agree to the Terms and Privacy Policy, you should exit our Site and not use or review any of the information that is posted on the Site and not apply for or use our Services.
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We may revise the Terms at any time without notice by updating the site. All updates to the Terms will be viewable at https://www.homesimple.co.nz/terms-and-conditions. Your use of our Services or engagement with our Services is bound by any revisions or updates. You should periodically visit these Terms to review the current terms that apply to your use of our Site or Services. Any use of the Site or Services by you after Home Simple publishes those changes shall constitute your acceptance of these Terms in their most recently updated form. Home Simple may, at its sole discretion and at any time, discontinue the Site or providing Services or any part thereof without notice.
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Accessing the Site and Services
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Use of and access to the Site or Services is void where prohibited by law. By using the Site or Services, you represent and warrant that (a) any and all information you submit is truthful and accurate; (b) you are of legal age to form a binding contract to receive services related to the purchase or sale of property (c) your use of the Site or Services does not violate any applicable law or regulation or any obligation, and (d) your use of the Site or Services is for a bona fide purpose.
Please note that we are not a government agency, government organisation, financial institution, loan provider or other property transaction service provider. We are a company providing value-added services that are limited to connecting users (customers) with independent service providers. Please note that generally you, either on your own or through an independent third party are able to hire your own service providers. We do not provide financial, legal, governmental, or advisory services of our own.
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General Use of the Site and Services
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By using the Site or Services to acquire financial, legal, or other advisory services, you agree to the Terms as set out on this page. You acknowledge that you are responsible for representing yourself and/or the entity you are authorised to represent in any transaction conducted as a result of using our Site or Services.
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No Attorney-client Privilege
No attorney-client privilege or other professional privilege is created through the act of you using the Home Simple Site or our Services. You have been fully informed of the Services that Home Simple is performing. No government entity or authority has evaluated or approved Home Simple’s knowledge or experience, or the quality of Home Simple’s Site. You acknowledge that by using Home Simple’s Site and Services, you are accepting the quality of any information provided to you by us and that the provision of this information does not create a professional relationship between us and you.
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Home Simple is not permitted to provide you with conveyancing, insurance or any kind of advice, explanation, opinion, or recommendation about possible insurance, financial or legal rights, remedies, defences, options, selection of forms or strategies. This information can only be obtained from any third-party business consultant, conveyancer, insurer, financial institution or other property transaction provider as engaged by you, whether or not such a third-party was contacted through the use of our Site and Services.
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Home Simple cannot guarantee that you will receive insurance, finance or property transaction product or service from any provider that you contact via our Site or Services. No information on the Site is to be construed as insurance or financial product advice or a recommendation, to buy or sell any insurance or financial product. The Services provided by Home Simple do not constitute an offer, invitation, solicitation or recommendation in relation to the subscription, purchase or sale of financial products or associated legal services.
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Application Services
We may provide the following assistance with respect to a property transaction.
Home Simple may conduct preliminary property assessment services on behalf of alternative suppliers using the information provided by you through the pre-qualification questionnaire (“Quiz”). This Quiz is available to view and to fill out here https://www.homesimple.co.nz/online-conveyancing-service.
The Quiz may request information including but not limited to name and address, limited financial information and documents regarding a property you are interested in, and certain information and documents regarding yourself and or any existing property you own (the “ Application Information”). You agree to provide true, accurate, current and complete Application Information. We are not responsible for any Service-related issues arising from your failure to provide true, accurate, current and complete Application Information.
If we determine, at our sole discretion, that you have to provide true, accurate, current and complete Application Information then we may suspend or terminate your access to the Site and Service. By providing the Application Information to Home Simple, you authorise us to furnish third-party professional service providers (including but not limited to conveyancers, solicitors, and mortgage brokers) with your Application Information on your behalf. You also authorise Home Simple to verify certain fields of your Application Information.
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You authorise us to use the Application Information for all purposes related to the Service, and to have continued access to your Application Information, provided that such access shall be used solely for the purpose of providing our Services to you.
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Intellectual Property
Home Simple and its licensors own the Site or Services, as well as the materials provided on the Site or Services, including all worldwide intellectual property rights in the Site or Services, and the trademarks, service marks, and logos contained therein.
Except as expressly permitted herein, you may not copy, modify, adapt, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Site or Services or any content appearing in the Site or Services.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Home Simple or any third party associated or affiliated with the Site. Unauthorised use constitutes copyright and/or trademark infringement and may be prosecuted.
You may not, or attempt to: (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site or Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Site or Services or features that prevent or restrict use or copying of any content; (c) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services; or (d) harvest, collect or mine information about users of the Site or Services.
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Pricing and Fees
Home Simple does not control the pricing or fees of any third-party professional service providers or any property transaction-related service provider. Service provider terms and conditions are entirely and solely within the discretion and purview of each service provider. Accepting the terms and conditions of a service provider that you have contacted through our Site or Services does not create a reciprocal legal relationship between Home Simple, yourself, and the service provider of your choice.
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Disclaimers and Warranty Disclaimers
Home Simple is not a conveyancer, insurer or financial consultant or institution and neither Home Simple nor any of its employees provide legal or financial services or advice of any sort. Furthermore, no representations or warranties, expressed or implied, are given regarding the legal, financial or other consequences resulting from the use of our Site or Services or the forms provided therein. Home Simple does not guarantee or assume any responsibility for any service advertised or offered by any third-party service relating to either Home Simple or any provider. Home Simple makes no guarantee that you will be able to obtain conveyancing using the Service, including from any conveyancing provider for whom your verified information provisionally pre-qualifies you for such services. You understand and agree that Home Simple is neither an insurance provider, funding provider nor a financial advisor, and nothing on this site is intended to be a substitute for professional financial or legal advice.
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Your use of the Site or Services is at your sole discretion and risk. The Site and Services are provided on an “as-is” and “as available” basis without warranties of any kind from Home Simple.
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Home Simple expressly disclaims all warranties of any kind, express, implied or statutory, relating to the site or services, including without limitation the warranties of title, merchantability, fitness for a particular purpose, or non-infringement. home simple disclaims any warranties, express or implied, (i) regarding the security, accuracy, reliability, timeliness and performance of the site or services; or (ii) that the site or services will be error-free or that any errors will be corrected; or (iii) regarding the performance of or the accuracy, quality, currency, completeness or usefulness of any information provided by the site or services. home simple makes no commitment to update the information contained in the site or services.
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Home Simple does not warrant that any estimation or description provided through the services is accurate, complete, reliable, current, or error-free. Home Simple legally cannot and does not accept any liability for any reliance by you on such information.
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We reserve the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice (including after you have submitted Application Information to us).
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No advice or information obtained by you from Home Simple in any form, or any third party on behalf of Home Simple, shall create any warranty between you and us not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
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Nothing in these Terms excludes, restricts or modifies the application of the provisions of any statute where to do so would contravene that statute or cause any part of these Terms to be void.
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Limitation of Liability
In no event shall Home Simple or any of its affiliates, subsidiaries, partners or their officers, directors, employees, or agents be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the site or services or any content included on the site (including advertisements).
The scope of this limitation of liability includes, but is not limited to, the quality, accuracy, or utility of the information provided as part of or through the Site or Services, whether the damages are foreseeable and whether or not Home Simple has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
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Indemnification
You agree to indemnify, defend, and hold harmless Home Simple and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including but not limited to court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site or Services, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.
You agree that your use of the Site or Services, including, without limitation, provision of services in connection with the Site shall be in compliance with all applicable laws, regulations and guidelines and shall not be intended to damage, disable, overload or impair the Site or the servers on which it is hosted.
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Links
Portions of the Site (including, without limitation, advertisements) may involve linking to or using websites belonging to third parties. The Site may also provide you with links to access the websites of third-party vendors or retailers. We have no control over third-party sites, and all use of third-party sites is at your own risk.
Additionally, Home Simple cannot accept responsibility for any payments processed or submitted through such third-party sites, or for the privacy policies of any such sites. Home Simple is not responsible for any content displayed on these other sites. Home Simple does not endorse any products offered by third parties and we urge our users to exercise caution in using third-party sites.
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Credit Card and Payment Details
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Payment for our documents is done via PayPal, which may ask you to provide further information (including credit or debit card details). This information is retained by PayPal and will not be passed on to us. We advise you to read PayPal’s User Agreement for further information on what information will be required and the way PayPal will use it.
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Other Information Collected By Us
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We collect and use additional information to carry out internal research on our users’ demographics, interests, and behaviour to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address.
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If you post on our site, on Twitter or Facebook or other social media site about us or your experience with us, we may collect that information for the purposes of improving our Services and the end-user experience.
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Access and Information Removal
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You have the right to seek access to the personal information held about you and to advise us of any inaccuracy. There are some exceptions to this right set out in the Privacy Act 2020. If you make an access request, we will ask you to verify your identity and specify what information you require. We may charge a fee to cover the costs of meeting your request.
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Updating the Privacy Policy
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We may update or modify this Privacy Policy at any time without prior notice. By continuing to use the Home Simple Site and our Services, you accept this Privacy Policy as it applies from time to time. For this reason, we encourage you to review this Privacy Policy regularly.
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Contact
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If you have any questions regarding this Privacy Policy, please email us at welcome@homesimple.co.nz