Terms of service
Your use of and access to the website, products, services and associated software (collectively, the “Services”) of Property Mojo Limited and its affiliates (“Property Mojo”) is conditioned upon your compliance with and acceptance of these terms. Please review thoroughly before accepting.
By clicking/checking the “I agree” box/button, accessing the Property Mojo website or by utilizing the Property Mojo products and services, you agree to be bound by these terms of service, order forms, and incorporated policies (the “agreement”). Services provided by Property Mojo are not available to persons who are not legally eligible to be bound by these terms of service.
Property Mojo will provide the Services and you may access and utilize the Services in accordance with this Agreement. If you order Services through an order form or on-line registration page (collectively the “Order Form”), the Order Form may contain additional terms and conditions and information regarding the Services you are ordering. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific service which you elect to purchase, those additional terms are hereby incorporated into this Agreement in relation to your use of that Service.
Headings are for convenience only and shall not affect the interpretation of this Agreement.
1. SYSTEM REQUIREMENTS
Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
Property Mojo will provide the Services as described on the Order Form, as well as any updates to the Services that are made generally available by Property Mojo during the term. Property Mojo may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.
3. USE OF SERVICES AND YOUR RESPONSIBILITIES
You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for your use of the Services and shall abide by, and ensure compliance with, all laws in connection with your use of the Services, including but not limited to laws related to intellectual property, copyright and privacy. Use of the Services is void where prohibited.
3.1. Registration Information
You may be required to provide information about yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party under any circumstances whatsoever. You are required to promptly notify Property Mojo if you become aware of any unauthorized use of the whole or any part of Property Mojo’s services and/or Property Mojo’s Training Materials, Videos, Products, and Related Resources by any third party.
3.2. Prohibited Use
You agree that you will not use the Services to: (1) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (2) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Property Mojo’s networks, your accounts, or the Services; (3) engage in activity that is illegal, fraudulent, false, or misleading, (4) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (5) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (6) use the Services to communicate any message or material that is harassing, derogatory, defamatory, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offence under any applicable law or regulation; (7) upload or transmit any software, content or code that does or
is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Property Mojo or other users of Services; (8) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Property Mojo’s security systems. (9) use the Services in violation of any Property Mojo policy or in a manner that violates applicable law, including but not limited to anti-spam, privacy, and copyright laws and regulations, and you agree that you are solely responsible for compliance with all such laws and regulations.
3.3. Limitations on Use
You may not reproduce, resell, or distribute the Services or any products or data generated by the Services for any purpose unless you have been specifically permitted to do so under a separate written agreement with Property Mojo. You may not offer or enable any third parties to use the Services purchased by you, display on any website or otherwise publish the Services or any content obtained from a Service (other than content created by you) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.
3.4. Limitations on Linking and Framing
You may establish a hypertext link to the website so long as the link does not state or imply any sponsorship of your website by Property Mojo or by the website. However, you may not, without Property Mojo’s prior written permission, frame or inline link any of the content of the website or incorporate into another website or other service any of our material, content or intellectual property derived from Property Mojo’s products and/or services.
3.5 Links to External Sites
3.6 Use of Information
If you send comments or suggestions about the Property Mojo website or its services to Property Mojo, including, but not limited to, comments, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Property Mojo. No submission shall be subject to any obligation of confidence on the part of Property Mojo. Property Mojo shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
You affirm that you are at least 18 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that you are under the age of 18 or are otherwise ineligible.
- FEES AND PAYMENT
You agree to pay Property Mojo the fees and other charges (collectively “Fees”) for the services provided by Property Mojo. You shall be responsible for any fees or charges incurred to access Property Mojo’s Services, including Training Materials, Videos, Products, and Related Resources, including without limitation any costs associated with third party internet access providers, any bandwidth, data, as well as any other third party service charges you may incur. All fees shall be due in advance of the term and Property Mojo shall have the right to terminate this Agreement if payment is not received immediately OR if you should fail to pay such fees in a timely manner.
5.1.1. All fees and charges incurred in connection with your account will be billed to the credit, debit or other payment card designated during the registration process and/or subsequently designated by you. You shall be responsible for ensuring that all fees and charges owed to Property Mojo are paid in a timely manner, as well as ensuring that all payment methods utilized by you remain up to date and working. In the event that any credit, debit or other payment card provided by you for payment of any such fees and/or charges, as well as any charge applied by Property Mojo against any such card, is not honoured, is reversed, or otherwise does not result in payment to Property Mojo as provided herein, you shall remain liable for such fees and costs.
5.1.2 You may cancel your account at any time by emailing Property Mojo at firstname.lastname@example.org or such other email as Property Mojo may designate and satisfying all other conditions as Property Mojo may reasonably require. If you cancel your account, you will not receive a refund for any service already paid for.
5.1.3. If you initially sign up for access to Property Mojo’s services which include a free or discounted trial period and you do not cancel that account before the stated trial period expires, you will be billed for the full price for the services starting on the day the trial period ends. If you cancel prior to receiving an invoice from Property Mojo following the trial period, you will not be charged.
- TERM AND TERMINATION
Unless terminated earlier as provided herein, this Agreement shall commence upon your initial access to and use of Property Mojo’s Service and shall remain in force for the time period or until the expiration date as specified by Property Mojo or, if no such expiration date or time period is specified by Property Mojo, until terminated or cancelled (see Section 5.1.2 above) as provided herein (“Term”).
Either Party may terminate this Agreement if the other party materially breaches this Agreement and such material breach is not cured within ten (10) days of written notice describing the breach. Property Mojo, in its sole discretion, also reserves the right to suspend or terminate your account and refuse any and all current or future use of Property Mojo’s service, for any reason at any time. Such termination of Property Mojo’s services may result in the deactivation or deletion of your account and/or your access to that account
and/or to Property Mojo’s Training Materials, Videos, Products, and Related Resources. Property Mojo reserves the right to refuse service to anyone for any reason at any time.
6.3. Effect of Termination/Expiration
Upon the expiration or termination of this Agreement: (1) all of your rights herein shall terminate and you shall immediately cease all use of Property Mojo’s services and/or Training Materials, Videos, Products, and Related Resources; (2) any unpaid amounts due as of the expiration or termination date shall immediately become due and payable; (3) within ten (10) days of the expiration or termination date you shall, at your own expense, and at Property Mojo’s sole discretion, either return all copies of Property Mojo’s Training Materials, Videos, Products, and Related Resources and any and all documentation and/or data in your possession or control, or, shall destroy all copies of Property Mojo’s raining Materials, Videos, Products, and Related Resources and any documentation in your possession or control.
- ORDERS AND ACCURACY OF ACCOUNT INFORMATION
Property Mojo reserves the right to refuse any order you place with Property Mojo. Property Mojo may, its sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that Property Mojo makes a change to or cancels an order, Property Mojo shall exercise commercially reasonable efforts to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Property Mojo reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at Property Mojo’s store. You agree to promptly update your account and other
information, including your email address, billing address and credit card numbers and expiration dates, so that Property Mojo is able to complete your transactions and contact you as required.
- INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
Property Mojo retains ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names (“Property Mojo Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Property Mojo Marks, or other proprietary information (including images, text, page layout, or form) of Property Mojo without express written consent. You may not use any meta tags or any other “hidden text” utilizing Property Mojo Marks without Property Mojo’s express written consent.
The copyright in and all other intellectual property rights relating to the Content procured by you when accessing Property Mojo Services are solely owned by and hereby reserved to Property Mojo. Under no circumstances may the whole or any part of the Content be produced, copied, modified, posted in any form or by any means or translated into another language without the prior written permission of Property Mojo.
You acknowledge that it is a violation of this agreement to copy or distribute content provided by Property Mojo among third parties. Property Mojo shall be entitled to seek injunctive relief for any breach of this agreement by Customer from which irreparable harm would ensue.
In the event you breach any provision of this Agreement and fail to remedy such breach within a reasonable time (in any case no more than ten (10) days) after receipt of written notice from Property Mojo, Property Mojo shall have the right to immediately terminate this agreement and your use of the Services. Upon any such termination, you shall immediately cease use of such products, delete and destroy any tangible or electronic embodiments of such information in your possession, and certify in writing to Property Mojo that the foregoing has been completed.
- NO WARRANTIES
You understand and agree that the services are provided “AS IS” and Property Mojo, its affiliates, officers, directors, employees, consultants and agents expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, except to the extent that any warranties implied by law cannot be validly waived. Property Mojo, its officers, directors, employees, consultants and agents make no warranty or representation regarding the results that may be obtained from the use of the Services, including the accuracy or reliability of any information obtained through the Services or that the Services will meet any user’s requirements, or be uninterrupted, timely, secure or error free. Use of the Services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the Services. The entire risk arising out of the use or performance of the Services remains with you. Property Mojo does not assume any responsibility for retention of any user information or communications between users. Property Mojo cannot guarantee and does not promise any specific results from use of the Services. Use is at your own risk.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Property Mojo is not responsible if information made available on this site or through its Services is not accurate, complete or current. The material on this site or provided through Property Mojo’s Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Property Mojo does not offer or provide tax, legal or financial advice and you are
responsible for seeking independent advice from professionals providing tax, legal and/or financial advice before making decisions based on the services provided. Any reliance on Property Mojo’s material on this site and/or provided in its Services is entirely at your own risk.
The Property Mojo site and its Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Property Mojo reserves the right to modify the contents of this site and Services at any time, but it has no obligation to do so. You agree that it is your responsibility to monitor changes to Property Mojo’s site.
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Property Mojo site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. Property Mojo reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Property Mojo undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You agree to indemnify, defend and hold harmless Property Mojo, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, solicitors’ fees) arising from your use of the Services, your violation of this Agreement or the infringement or violation by you of your account, of any intellectual property or other right of any person or entity or applicable law.
- LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will Property Mojo be liable for any loss, cost or expense or for any special or indirect or consequential damages arising from negligence, misconduct or lack of skill in delivering the services. Property Mojo will not be liable for damages of any kind including without limitation direct, special, indirect, or consequential damages, including loss of profit or other financial loss arising out of the use of or inability to use the Services or the provision of or failure to provide technical or other support services. In any case Property Mojo’s maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this agreement will be limited to the amount actually paid by you for the Services (if any). Where Property Mojo’s liability is excluded or limited, this also applies to the personal liability of Property Mojo’s employees, representatives, and people performing duties on Property Mojo’s behalf. All claims against Property Mojo are time-barred after a period of one calendar year from the date the claim arose.
- PRIVACY AND OTHER POLICIES
- WAIVER AND SEVERABILITY
Failure by Property Mojo to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction or other competent authority to be illegal, invalid or unenforceable in whole or in part, the validity of other provisions of these terms of service and the remainder of the provision in question shall not be affected thereby.
- ENTIRE AGREEMENT
These terms of service and any policies or operating rules posted on this site or in relation to the Services embodies the entire understanding and agreement between the Parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the Parties respecting such subject matter, except that if you have executed a separate written agreement or you have signed an Order Form referencing a separate agreement governing your use of the Services, then such agreement shall control to the extent that any provision of this Agreement conflicts with the terms of such agreement. No party has relied on any representation or warranty except as expressly set out in the Agreement.
- GOVERNING LAW
This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand. The parties consent to the exclusive jurisdiction of the court of New Zealand in respect of any dispute in relation to this Agreement.
- AMENDMENTS TO TERMS OF SERVICE
Any new services which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Property Mojo reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to its website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following any changes constitutes acceptance of those changes.
- THIRD PARTY BENEFICIARIES
Notwithstanding any other provision in this Agreement, nothing in this Agreement shall create or confer (whether expressly or impliedly) any rights or other benefits in favour of any person not a party hereto.
- FORCE MAJEURE
Any delay or non-performance of any provision of this Agreement (other than for payment of amounts due hereunder) caused by conditions beyond the reasonable control of the performing party shall not
constitute a breach of this Agreement, and the time performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance.