Terms & Conditions

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 and Conditions (the “Terms“) as well as our privacy policy (“Privacy Policy”), which we may update from time to time.

Your use of this Site is subject to these terms of use and all applicable laws. By using this website you agree to be bound by these terms of use.

License to Use Our Intellectual Property

All agreements, documents, forms or user guides (“Documents”) on this site, will remain our exclusive property and are protected by copyright and other intellectual property laws.

No Legal Advice

You confirm that you understand that HomeSimple.co.nz is not a law firm and that you are not receiving any legal advice through the Site.

You confirm that you understand that HomeSimple.co.nz is not a professional financial consultant or institution and that you are not receiving any financial advice through this site.

The use of any information, agreement, or Documents on this site does not create a lawyer-client relationship of any kind between the user of the form and us, or any employee or person associated with us.

We are an Internet-based marketing service providing general information, forms, and contacts to accredited legal and financial assistance providers. Any Documents offered are designed to provide a guide for common situations and are not tailored to your specific circumstances.

Any information provided by Home Simple cannot be construed as legal advice. You acknowledge that the law may be interpreted and applied differently in different situations depending on your jurisdiction and circumstances. You acknowledge that you will not rely on this site and associated material without first consulting with a lawyer in relation to your specific legal situation.

You agree that Home Simple is not responsible for any mistake that you may make in understanding the site, information on the Site, Documents, completing or using a Document, or obtaining or not obtaining a solicitor’s certificate or professional advice in respect of a Document or its use.

Exclusions and Limitation of Liability

We make no warranties or guarantees, except for such guarantees and warranties as cannot be excluded as a matter of law, and all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise are hereby excluded and all liability of HomeSimple.co.nz whether in tort, including negligence, contract or otherwise is expressly excluded to the full extent permitted by law.

The guarantees implied by the Consumer Guarantees Act 1993 and the Fair Trading Act are expressly excluded where the consumer is acquiring goods or services for the purpose of a business. Where you are buying any products or services from us for other than business purposes then these terms of use shall be interpreted subject to your rights under any specific statute that protects consumer rights.

The liability of HomeSimple.co.nz arising from any cause whatsoever, including but not limited to any damage, loss, cost, claim or expense arising out of or relating directly or indirectly to:

Any information, service, including any agreement, form or user guide purchased via this website; or
Your use of this website
interruption, delay or impairment in the functioning, operation or availability of our website, exposure to or transmission of any computer virus, internet access difficulties in connection with our website, or malfunction in equipment or software
Your use of or reliance on information contained or accessed through this website
Any breach of your warranties is stated in these terms of use.

shall be limited to a refund of the exact financial cost of the service purchased (as incurred by you through our Site) and or the resupply of a Document at the option of HomeSimple.co.nz.

Governing Law

These terms of use, the activities described by their contents, and the provision of goods and services by us are governed by and to be interpreted in accordance with the laws in force in New Zealand and in the event of any dispute arising in relation to these terms of use or their subject matter you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand over such dispute.

Your Use of The Site

You agree to:

Follow our instructions when you purchase any Service
Use any information from our website exclusively in accordance with the terms of the Licence to use set out in Section 2 of the Terms.

Termination of Relationship

We reserve the right to terminate our agreement with you and prevent the further transmission to you, or your use of any Services from our site if you breach any of the terms and conditions.

Purchases and Delivery

By purchasing any Service on this website you specifically acknowledge and agree that:

When you purchase any Service from this website these Terns constitute the entire contract between us and you.
It is expressly agreed that there are no other understandings, representations or warranties of any kind forming part of our contract with you.
Our website and advertising only constitute an invitation to treat. Ordering Services constitutes an offer by you to buy in accordance with these terms of use. Our acceptance occurs and the contract is formed when the Service is delivered to you.
We do not guarantee that this website is free from errors or faults. We will however make our best efforts to ensure that the information available on this website is accurate. We shall be entitled at any time to correct any errors or omissions and make amendments to or add or remove Services without prior notice.
You have satisfied yourself that any Services purchased from us are suitable for the purpose for which you require them and we are under no liability if they are not fit for purpose.

We shall not be liable to you for any delay in the delivery of Service although we will endeavour to reasonably assist you with any problems you are experiencing.

Linked Sites or Newsletters

Where links to any third-party websites are provided, they are provided for convenience only.

If you make contact with a law firm or a lawyer through our website, either directly or indirectly, the lawyer-client relationship will arise exclusively between you and the lawyer you engage. You will be responsible for all legal costs incurred in obtaining any legal advice. We accept no responsibility for any legal advice you may receive.

Any information contained in our newsletters or Documents is provided as a general information service only, and do not constitute legal advice by any law firm or professional contact supplying the information. They do not constitute legal advice offered by us either.

If you copy or disseminate our newsletters or Documents in any manner you must not remove any reference to the notice of authorship of the newsletter or remove any copyright notices.

You may only create links from this website to external websites where you are entitled to do so and where the creation of the link doesn’t otherwise breach these terms. Also, you may only create links to this website from external websites with our prior written permission.

Electronic Communications

Whenever you use this website or send emails to us you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirements that such communications be in writing.

If you provide us with personal information through your use of this website, this information may be retained by us in our database. You have a right under the Privacy Act 1993 to access any personal information held about you or to request us to delete any such information. By accepting these Terms of Use you are acknowledging that you have read and accepted our Privacy Policy which is on our site. We will not sell your information to any third party or business.

Disclaimers

We are not responsible for ensuring that the information that you access or make available through the use of our Site will be private or secure or free from viruses or other harmful things.

We do not and cannot guarantee the availability of our website and services. We cannot guarantee that there will be no interruptions or delays in relation to our website or services. This is because the availability or quality of this website may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions.

We are not legally beholden to you, or anyone else for any information that does not originate directly from us, any links we provide to third party sites or information at or accessible from those sites or any loss or damage arising from your use of this website. Further, we assume no responsibility for the corruption of any data or information held by us.

General

This Site is owned and operated by Home Simple Limited trading as HomeSimple.co.nz (“we, us, our”).

We may transfer our obligations pursuant to this website and these terms of use to any person including a related company (as defined under the Companies Act 1993) without notice to you. If we do this then we will not be liable for any act or omission by any transferee arising in relation to these terms of use after such transfer.

Each provision of these Terms of Use is separately binding. If for any reason any term cannot be relied on, then all other terms remain legally binding nonetheless.

You acknowledge that you are not relying on any statement or representation in any form made by us or on our behalf in relation to the suitability of any Document advertised on this website and you expressly agree not to commence any proceeding or action arising from any statement or representation not set out in these terms of use.

HomeSimple Open Home Online Tool - Terms & Conditions

1. Introduction

Welcome to HomeSimple ("HomeSimple" or "we" or "us"). These Terms & Conditions ("Terms") govern your access to and use of the HomeSimple Open Home Online Tool ("Tool") and any related services offered by HomeSimple (collectively, the "Services").

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

2. Eligibility

To be eligible to use the Services, you must be:

a real estate agent
at least 18 years old
legally able to enter into contracts

3. Services

HomeSimple provides a comprehensive suite of services to help real estate agents and their customers manage open homes more efficiently and effectively.

For Real Estate Agents:

Open Home Management: Create and manage virtual open homes for your listings. Schedule live Q&A sessions with potential buyers.
Open Home Tracking: Track your open home attendees easily with our QR code scanner.
Property Documents: Upload and share property documents with potential buyers instantly.
Open Home Calendar: Manage all your open homes in one place with our easy-to-use calendar.

For Customers:

QR Code Access: Scan a QR code at any open home to instantly access property documents.
Open Home Calendar: Manage all your open home visits in one place.
Property Information: Access detailed information about any property you're interested in.
Contact Agent: Easily contact the listing agent with any questions.

4. Free Trial and Fees

The Tool is currently free to use. However, HomeSimple reserves the right to charge a fee for the Services in the future. You will be notified of any changes in pricing at least 30 days in advance.

5. Your Responsibilities

You are responsible for:

Providing accurate information about your listings
Complying with all applicable laws and regulations
Obtaining all necessary permissions and licenses
Not using the Services for any illegal or unauthorized purpose
Not infringing on the intellectual property rights of others
Not transmitting any harmful or malicious content

6. Our Responsibilities

We are responsible for:

Providing the Services in a timely and professional manner
Maintaining the security and integrity of the Services
Protecting your privacy and data
Storing your customer's data securely and using it only to provide the necessary services
Obtaining your authorization to communicate with your customers to send them updates about the open home, property documents, or offers
Helping your customers by providing them with resources and information to make the property transaction easier and

7. Data Storage and Communication

HomeSimple will store your customer's data securely in accordance with all applicable data privacy laws and regulations. We will only use this data to provide the necessary services for the open home, such as sending updates, property documents, or offers. We will not share your customer's data with any third parties without your prior consent.

By accepting these Terms, you authorize HomeSimple to communicate with your customers on your behalf for the purposes of providing open home updates, sending property documents, receiving offers, and assisting them with their property transaction by providing resources and information. You understand that HomeSimple will only use your customer's contact information for these specific purposes and will not contact them for any other reason.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOMESIMPLE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Limitation of Liability

HOMESIMPLE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF HOMESIMPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Termination

We may terminate your access to the Services at any time for any reason.

11. Dispute Resolution

Any dispute arising out of or relating to these Terms will be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of laws provisions. Any dispute arising out of or relating to these Terms will be submitted to binding arbitration in Auckland, New Zealand.

12. Entire Agreement

These Terms constitute the entire agreement between you and HomeSimple regarding your use of the Services.

13. Governing Law

These Terms will be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of laws provisions.