T&C & Privacy | Movein

Movein Limited Movein.co.nz

Terms and Conditions of Use

Welcome to Movein!

In order to use Movein Platform Services, you need to read and agree to the “Movein Terms and Conditions of Use” and the “Movein Privacy Policy”. This Agreement is legal and binding between Movein and its users. It applies in default to all users and registered account holders of the Movein platform. Please read and understand all of the terms, especially the terms relating to exemption or limitation of liability, jurisdiction and application of the law. The exemption or limitation of liability clauses may be highlighted in the bold font or underlined for your special attention. You are not entitled to claim that the terms and conditions are unlawful or invalid, through the courts or any other third party, on the grounds that Movein has not made reasonable efforts to notify you of or (at your request) explain such terms. Unless you have read and accepted the terms and conditions contained in this Agreement, you are not entitled to use the services provided by Movein. By using the Movein Platform, you are deemed to have read and agreed to the Agreement set out here.

I.Definitions

1.“Movein” means Movein Limited and Movein Platform.

2.“Movein Platform” means the Movein Website and Movein mobile application operated by Movein.

3.“Movein Platform Services” mean the services provided by Movein on the Movein Platform.

4.“Movein Privacy Policy” means the privacy policy published by Movein on the Movein Platform and amended from time to time.

5.“Movein Website” means the website with the domain name www.movein.co.nz

6.“Parties” means the parties to this Agreement.

7.“Rules” mean the relevant terms and conditions of use, and/or rules applicable to a particular service provided by Movein.

8.“User” includes registered users and unregistered users, also referred to hereinafter as “you”. Registered users are users who have completed the registration process through Movein Platform and obtained a unique log on account; unregistered users are users who use Movein Platform Services without registration, but access Movein Platform directly or through other websites.

II.Validity of this Agreement

1.You are bound by this Agreement when you complete the registration process by filling in the appropriate information, read and agree to this Agreement, or when you use Movein Platform Services according to the applicable terms of use.

2.This Agreement includes the terms and conditions contained herein, the Movein Privacy Policy, and any and all applicable Rules. All Rules that are or will be published by Movein are deemed inseparable parts of this Agreement with full legal validity. Unless otherwise expressly stated, any and all use of Movein Platform Services is subject to and bound by this Agreement. You undertake to accept and abide by the terms of this Agreement. If you do not agree to the terms of this Agreement, you should immediately cease registration or cease using Movein Platform Services; if you continue to access and use Movein Platform Services, you shall be deemed to have accepted and fully agreed to the contents of this Agreement.

3.Movein has the right to review, amend and modify the terms of this Agreement and/or various Rules from time to time according to the requirements of New Zealand law, and/or in response to the changing requirements of its products and services. Such amendment and/or modification of this Agreement shall be publicly notified in advance via its website. If you continue to access and use Movein Platform Services thereafter, you shall be deemed to have accepted the Agreement in its amended form. In the event of any dispute arising, the latest form of the Agreement and/or Rules of Movein shall prevail.

III.Registration

1.By completing the registration process, or using the Movein Platform Services according to the applicable terms of use, you confirm that you are a natural person of full legal capacity (a minor who has reached the age of 16 and who is earning his/her main income, is deemed of full legal capacity), a legal entity or other organisation. If you do not hold such legal status, you and your parent or legal guardian (hereinafter referred to as “Guardian”) shall accept all legal consequences incurred by your use of Movein Platform Services. In addition, Movein has the right to close your account and claim reimbursement from you and your Guardian.

2.Movein attaches great importance to the security around the collection and use of the personal information of teenagers. Movein suggests that minors under the age of 18 should obtain the verifiable consent of their Guardian before participating in online activities. The Guardian shall be held primarily responsible for the protection of the minor’s online privacy and cybersecurity .

3.Movein will provide you with a unique account number when you accept this Agreement and complete the registration process. You shall be responsible for the security of your user account, login password, payment password (if any) and verification code. You shall be responsible for any and all conduct undertaken using your account and password; Movein cannot and will not be liable for any loss arising from such conduct. Except for property rights attached to your account, you shall not transfer, loan, pass to or bequeath your user account, login password, payment password (if any) and verification code to any other person by any means, or exhibit or sell the same on third- party platforms, unless otherwise required by law or directed by an administrative and judicial authority, and subject to the consent of M ovein. You shall be fully liable for any loss incurred from a breach of this term, whether such loss is suffered by yourself, Movein, or any other third party.

4.Movein agrees that it will not disclose your registered account, mobile phone number and/or other non-public information to any third party without legal cause, your prior consent, or in accordance with the terms of this Agreement. If you discover unauthorized use of your account, and/or your account has been compromised, you shall immediately notify Movein to suspend relevant services. You accept that Movein needs reasonable time to take action upon your request, and Movein will not be held liable for any consequences (including but not limited to any loss to you) incurred prior to Movein taking necessary action.

5.You shall provide legal, true and accurate personal information when registering your user account or when you use Movein Platform Services. You shall update all such information in a timely manner. You shall be liable for any consequences arising from illegal, untrue, and/or inaccurate personal information provided by you. In addition, Movein retains the right to terminate your use of Movein Platform Services.

6.You acknowledge and agree that, if you accept the terms of this Agreement and complete the registration process on Movein Platform, you will become a registered user of Movein Platform. You authorise Movein, its website administrator, and/or authorized third-party service providers to use your personal information as submitted, together with current transaction details, in accordance with Movein Privacy Policy.

7.You shall not register Movein account maliciously by any means, such as registering multiple accounts with the purpose of using for-profit, speculation and/or cashing out. You shall not steal other users’ account.

8.You acknowledge and agree that once you have registered a user account, you are deemed to have agreed to Movein and/or its associated companies to send you emails, make phone calls, or send messages to the email address and/or mobile phone number provided by you, for the purpose of marketing relevant products and services, and/or notifying you of promotional offers. If you do not wish to be contacted with such information, you can unsubscribe from the service by using the unsubscribe function.

IV.Movein Platform Services Terms of Use

1.You can publish real estate listings according to the Rules of Movein Platform provided that any content published must be:

a)Accurate, current, complete and include all relevant information and the key terms. No misuse of keywords to manipulate search results;

b)Compliant with all applicable laws. For example, you must have the legal right to create the real estate listing (this excludes properties where ownership is disputed, such as relationship property); the use of any photographs or images must be your own or authorized for use by you, and the listing information must be accurate and not misleading (for rules on marketing and professionals/listing-a-property/marketing-and-advertising/ which will be considered to be part of this Agreement);

c)Used for the sale of real estate, to promote an actual property that is available for sale, and not used for the general advertising of a brand or business, or to disseminate any content that is not related to the sale of real estate;

d)Only one listing should be created for one property;

e)Listings cannot be reused or repurposed for a different property than what was originally listed;

f)Any re-listing of a property that has not sold is subject to the Movein Platform’s Rules on the applicable timeframe and new listing charges.

2.You agree to use Movein Platform Services in accordance with the following conditions:

a) In all conduct and at all material times to comply with all relevant law and regulations, and all applicable Rules of Movein Platform; not to harm the legitimate rights and interests of others; not to breach this Agreement and relevant Rules. You shall be personally liable for any and all legal consequences arising from any breach of this term, and you shall indemnify Movein against any losses, costs or expenses arising therefrom.

3.You acknowledge and agree that:

a)If you breach the terms of use set out above, Movein has the right to determine and take any necessary action in response or terminate the services provided to you in accordance with the provisions of this Agreement without your consent or prior notice.

b)You shall indemnify Movein against any loss and/or expenses (including reasonable legal fees) incurred by Movein, or arising from any claim from any third party against Movein, or arising from administrative disciplinary action taken against Movein, as a result of your breach of the above terms of use or any other part of this Agreement, or any unlawful conduct.

c)You shall be personally liable to any third party for their losses arising from your conduct in breach of the above terms of use. You shall indemnify Movein against any loss, costs or expenses arising from such conduct.

V.Scope and limitation of liability

1.Movein is responsible for providing you with Movein Platform Services. However, Movein makes no warranty, express or implied, whatsoever as to the suitability for purpose, no error or omission, continuity, accuracy, reliability, and/or suitability for a particular purpose of Movein Platform Services. Neither does Movein make any warranty as to the validity, accuracy, correctness, reliability, stability, integrity and timeliness of the technology used and/or information and content provided by Movein Platform Services. Especially in relation to rendered images, such images have been artistically altered, and Movein do not accept any liability whatsoever for discrepancies between the rendered image and the actual condition of the listed property.

2.Movein provides you with Movein Platform Services. You acknowledge that the information on Movein Platform is user-published. Due to the massive volume of information, Movein Platform cannot eliminate all possible risks and defects. You should carefully determine the authenticity, legality and validity of the relevant information, and take care to preserve any relevant evidence in support of rights protection. Where possible, you should follow the recommended transaction process provided by the website.

3.Movein Platform, like other internet websites, is affected by adverse content, network security and network failure, including but not limited to:

a)Fraudulent or false information published by other users, or contents that contain abusive language, cursing, defamation or personal attacks, obscenity, pornography, lewdness, insurrection or inciting ethnic hatred, which is repugnant or disgusting, or unlawful;

b)Pictures, photos, text and/or other material published by other users, that infringe your or other third party's intellectual property rights, portrait rights, name rights, reputation rights, privacy rights and/or other legitimate rights and interests;

c)Hacker attacks, computer virus, system crash, network offline, slow network speed, software defects and other such problems and threats;

d)You fully acknowledge and agree that such adverse content, network security and network failure is not caused by Movein or Movein Platform. You use the Movein Platform at your own risk. Movein is not liable for any emotional harm such as feelings of disgust, nausea, vomiting, or any other losses suffered by you due to such events.

4.You shall promptly notify Movein when you find any content on this website that is unlawful, or in breach of this Agreement. If you that your personal information has been stolen, or your copyright or other rights have been infringed, please notify Movein and provide the following information:

a)The listing number, URL, unique code or other details that can locate the information infringing your rights;

b)Evidence of your authority as copyright holder or holder of any other infringed rights;

c)Your contact information including contact name, address, phone number and email address; and

d)A photocopy of your ID, business license and/or other related information.

e)Where the report has been verified, we will delete the infringing content promptly. Movein accepts only written notice of infringement by mail, email or fax. In case of an emergency, you can notify us through the customer service phone number in the first instance, and we will take action accordingly.

5.You acknowledge and agree that Movein shall not be liable for losses arising from any of the following circumstances, including by not limited to losses in profit, business reputation, data or other intangible losses:

a)Using or inability to use Movein Platform Service;

b)Unauthorised use of your account, or alteration of your data, by a third party;

c)Costs or losses arising from the purchase of real estate through Movein Platform Services;

d)Your misunderstanding of Movein Platform Services;

e)Any other losses arising from Movein Platform Services that are not caused by Movein.

6. Movein Platform is a promotional and advertising platform. Except as expressly provided by laws and regulations, you are solely responsible for any transactions conducted based on the promotional information contained in any real estate listing on the Movein Platform. Movein shall not be liable for any losses or damages suffered by you arising from a transaction based on the promotional information or the content provided by a User.

7.Movein is exempt from liability for the following acts of force majeure: non-performance or delayed performance caused by normal maintenance of information network hardware, information network connection failure, computer, communications or other system failures, power failures, strikes, labour disputes, riots, insurrection, riots, productivity or insufficient production resources, fire, flood, storm, explosion, war, state action, directives from judicial administrative institutes, or non-performance by third parties.

8. You shall strictly abide by this Agreement, all relevant Rules, and any other campaign activity rules published by Movein. You shall be solely liable for any losses suffered by Movein or any third party arising from your breach of this Agreement or any relevant Rules.

9. To the extent permitted by applicable New Zealand law, Movein reserves the right to refuse services, close user accounts, delete or edit content, or cancel orders, at its sole discretion.

VI.Termination of Agreement

1.In the event of a security concern arising over Movein Platform Services, Movein has the right to discontinue some or all of Movein Platform Services, and/or temporarily suspend your account, until the security concern has been resolved. Movein will notify you of the discontinuation, suspension and reactivation in a timely manner. If the security concern is caused by unlawful conduct on your part, Movein has the right to terminate some or all of the Movein Platform Services provided to you, permanently delete your account, and claim losses and damages against you.

2.In the event of an objection to any changes to this Agreement, or dissatisfaction with the services of Movein you may take the following actions:

a)Cease using Movein Platform Services; and

b)Notify Movein, through its customer service channels, to discontinue its services. Your right to use Movein Platform Services will terminate immediately.

3.Movein shall have the following rights on termination of your contractual relationship with Movein :

a)Retain all your registration information that remains undeleted, and all the information that you published during the period you used Movein Platform Services, until the expiry of the record retention limitation period provided by law.

b)Movein may still claim against you or hold you liable for any unlawful conduct or conduct in breach of this Agreement and/or relevant Rules during the period you used Movein Platform Services.

VII.Privacy policy

1.Movein shall publish and amend from time to time the Movein Privacy Policy on Movein Platform. The Movein Privacy Policy is a valid and effective part of this Agreement.

2.You acknowledge and undertake to abide by the Movein Privacy Policy when using Movein 's services.

3.Movein requires all search engines to comply with industry standards, being the "Robots Exclusion Standard". Any crawling behavior will be viewed as an infringement to our website property rights and intellectual property rights. We reserve the right to protect the interests of Movein through legal proceedings.

VIII.Intellectual property rights statement

1. "Movein" is the trademark of Movein and its associated companies. It is protected by unauthorized use of the trademark or any other infringement of Movein’s intellectual property rights will be investigated and prosecuted.

2.Information and content published on Movein Platform (including but not limited to code, text, chart, logo, button icon, image, 3D floor plan, ROAM function, sound file fragment, digital download, data editing and software) are the property of Movein or its content provider, and are protected by New Zealand and international copyright laws. The compilation of all content on Movein Platform is the exclusive property of Movein and is protected by New Zealand and international copyright laws. All software on Movein Platform is the property of Movein or its associated companies or its software suppliers, and is protected by New Zealand and international copyright laws. Except with the express written authority of Movein, no third party may acquire or use any part of the Movein Website, or any content, services or materials obtained directly from or indirectly through the Movein Website, for any non-private or commercial purpose. In the event you breach the provisions of this Agreement by publishing, copying, reprinting, changing, quoting, linking, downloading or otherwise using any part of Movein Website, or by providing any other third party with access to any content of Movein Website, then your right to use the Movein Website will be terminated immediately, and any third party must, at the request of Movein , return or destroy any and all copies of the materials created by using any part of the content of Movein Website.

3.Upon acceptance of this Agreement, User agrees to transfer irrevocably and exclusively all copyright and any other transferrable property rights in any and all information and content you publish on Movein Website at all material times. Such transferrable property rights include but are not limited to the right to reproduce, distribute, rent, exhibit, perform, project, broadcast, communicate over information network, film, edit, translate, compile, and all other transferable rights enjoyed by the copyright owner. This clause applies to all information and content published by User on Movein Platform, including but not limited to user evaluation, user enquiries, topic articles and other such content. User agrees that Movein has the right to bring an independent claim against any entity for infringement of those rights.

4.This Agreement constitutes a written agreement for the transfer of copyright under the New Zealand Copyright Act 1994. It applies to any and all works published by User on Movein Platform that is protected by copyright law, whether such works is published before or after this Agreement comes into force between the Parties.

5.User agrees and fully accepts the terms of this Agreement, and undertakes not to publish, or authorise any third party to use in any manner (including but not limited to use on various websites and/or media), information published by the User on Movein Website.

6.The information or content published by User through Movein Platform does not represent the opinion or views of Movein, nor does it mean that Movein agrees with the opinion published or confirms the authenticity its content. Movein has the right to delete any and all information or content on the Movein Website that is unlawful or in breach of the terms of this Agreement, without notification to the User.

7.Information, text, pictures and other materials published by User through Movein Platform are all provided by the User. The information publisher is responsible for the authenticity, accuracy and legitimacy of the information published. Movein does not provide any warranty nor assume any legal responsibility. If the published materials violate the intellectual property rights or other rights of a third party, the information publisher shall be held liable, not Movein .

8.Unless otherwise required by law, no entity or individual shall illegally copy, disseminate, display, mirror, upload, download, reprint, quote, link, crawl or use the information content of Movein Website, in whole or in part, without express written authorisation from Movein. Unless authorisation has been obtained, Movein has the right to pursue its legal rights against the infringing entity / individual.

9.The following contents of Movein Platform shall not be reproduced:

a)All information published on the platform;

b)Content that includes a statement prohibiting reproduction or prohibiting reproduction without authorization (including 3D floor plans and ROAM functions even where they do not expressly carry such a statement);

c)The graphics, logo, page style, design and software programme unique to the platform;

d)Content that can only be disclosed subject to special authority or to registered users;

e)Content that cannot be lawfully reproduced, or content which Movein considers to be unsuitable for reproduction.

10.Movein shall not be liable for any losses arising from dispute related to improper quoting of content published on the Movein Website. Movein reserves the right to legally pursue those Users who do not comply with this intellectual property rights statement, or those who use Movein Website content in an unlawful and malicious manner.

11.Movein owns the copyright to its intellectual property statement, together with the right to modify, update and interpret such statement (to the extent permitted at law).

IX.Application of law, jurisdiction and other terms

1.This Agreement shall be governed by the laws and courts of New Zealand.

2.In the event any provision contained in this Agreement shall be deemed void, invalid or unenforceable, the remaining provisions of this Agreement shall continue to be valid and enforceable.

The Real Estate Authority

Marketing and Advertising

Listing terms of Use

There are rules you must follow when you are marketing a property, business or lifestyle block.

Topics covered on this page

· Understanding a property

· Making false claims

· Providing an accurate price range

· Disclosures in marketing material

· Commercial advertising and marketing

· Photography

· Removing marketing at the end of a listing

Understanding a property

Before you begin marketing a property, it’s important to fully understand what you are selling and make sure the way you market the property matches the information you have about it.

Things you should do before starting any marketing or creating advertising:

Gather information

· Obtain the record of title to see if there are any interests registered on it such as covenants, caveats, or easements that should be brought to the attention of buyers (and the vendor). Read more about checking titles here.

· Make sure the title information in the listing document (tenure, ownership, legal description and property description) matches the information on the title.

· Find out the zoning and town planning regulations or council requirements so you can point out any restrictions that may apply to the property.

Speak to the vendor

· Verify any claims made by the vendor. If the vendor has made a claim about the property that you can’t verify, for example, that the property can be subdivided, we recommend you do not make the claim. If you decide to tell buyers about an unverified claim, we recommend you explain the claim is based on a statement made by the vendor and that it hasn’t been verified. You should advise buyers to seek legal or expert advice.

Disclose any issues to prospective buyers

· Point out any issue you are aware of. You should provide the information you have and recommend the buyer makes their own checks and seeks professional advice.

· Keep a written record of the information you give buyers and whether you have advised them to get professional advice. It’s a good idea to follow up with an email.

· Check the buyer understands what you have told them. You may wish to ask questions to ensure they understand the information you have provided.

· Find more information about disclosure and your obligations here.

If you or your agency becomes aware of new information that is contrary to what is already being advertised and promoted, you are required to take immediate action. You must withdraw any incorrect materials, issue corrected material and notify any party that you or any of your colleagues have had any dealings with about the property and provide them with the correct information.

Making false claims

If a claim is made about a property, you must have a reasonable basis for it (i.e. supporting evidence). If you do not have a reasonable basis to make the representation, it is called an 'unsubstantiated representation'.In the context of agency work, it can apply to all representations including statements used in marketing and websites or verbal statements made by a licensee.

Fair Trading Act

Under sections 12A and 40 of the Fair Trading Act 1986, it is an offence to make unsubstantiated representations, including representations made about the sale of a property. Licensees can be held to account under the Fair Trading Act, the Real Estate Agents Act 2008 and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012.

Penalties for breaches of the Fair Trading Act

Breaching the Fair Trading Act can lead to fines of up to $200,000 for licensees and $600,000 for agencies. The courts can also grant an injunction and can order corrective advertising.

Are there any exceptions?

You can make claims that are regarded as clearly an exaggeration and are so obvious that no-one is likely to reasonably believe them, known as ‘puffery’.

An example might be "This is the best property ever!" It’s risky to rely on ‘puffery’ except where it is obvious that it’s not meant to be taken as fact. You may want to consider whether all prospective buyers will understand the difference between ‘puffery’ and fact.

The law is designed to catch representations that a reasonable person would expect to be substantiated. For example, the term ‘home and income' shouldn’t be used to advertise a property where there is a restrictive covenant preventing this.

What if a representation is unsubstantiated but true?

A representation can be unsubstantiated regardless of whether it ends up being true or not. The law requires you to make sure you have reasonable grounds at the time of making any statement about a property or business you are marketing.

What this means for you

You need to be vigilant and take steps to ensure that statements you and your agency make (whether verbally to a prospective purchaser or in advertising) are accurate, genuine and substantiated.

Providing an accurate price range

It is a requirement that, when you are providing potential buyers or lessees with information about the price range of the property, it must be true and accurate. You must be clear about the acceptable price range your vendors or lessor is willing to accept.

You must:

· carefully check all the marketing and advertising information in printed and digital media to ensure any reference made to a price or range is true and accurate

· avoid giving inaccurate or untrue pricing information during verbal communications

· You can quote a negotiating price range but the lower end of the range must be an amount the vendor would seriously consider accepting.

Avoid unrealistic focus on the rateable value (RV) — the relevance of RV in terms of reflecting a true market value must be approached with caution, and it is recommended not to use the RV in any advertisements where it does not realistically reflect market value.

How to best protect yourself

Take care when setting price ranges. A price range needs to be consistent with the vendor’s price expectations.

If the lower end of the price range is not an amount the vendor would consider, and you know the vendor would only accept something higher, the advertising could be misleading. Have an honest discussion with your vendor about their price expectations so you can set and advertise an accurate expectation.

Guidance from a decision

A CAC decision has provided industry guidance about the importance of advertising a realistic Buyer Enquiry Over (BEO) price.

The case involved a licensee marketing a property at a ‘buyer enquiry over’ price which was lower than the price the vendors had indicated was the minimum sale price they would accept for their property.

The vendor of the property made it clear to the licensee that they would not sell for less than $300,000. However, the licensee listed it for a BEO of $295,000. Negotiations began with potential buyers (the complainants), and they submitted an offer of $300,000 which was over the BEO but was rejected by the vendors.

When the complainant complained to the licensee about the misleading price expectations. The licensee said he believed he was within the Commerce Commission’s guidelines. The licensee incorrectly thought he could advertise the price within 10% of the vendor’s price expectations.

Read the full decision here.

Disclosures in marketing material

Advertising is a positive representation of the facts and intended to generate enquiries. While it is not expected everything about a property or business is disclosed in the advertising, you should ensure that the impression the marketing gives is a correct reflection of the property or business being marketed. The advertisement needs to create interest but not be misleading.

Getting approval for advertising

Before a prospective client signs an agency agreement, you must explain to the client, and set out in writing, how the property will be marketed (see rule 10.6(c)). Additionally, your client should pre-approve and sign off all advertising relating to their property or business to confirm they are happy with it. Your supervisor or manager should oversee all advertising before it is published.

The level of disclosure increases with the level of interest shown by a prospective buyer. Some vendors would prefer not to have confidential details given to someone making a general enquiry but would be happy for the information to be passed on to buyers who are making serious enquires.

Or