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These 'FEEFALL LTD' Customer Terms and Conditions ("T&Cs") apply to the supply of any and all Services by FEEFALL LTD, NZBN 9429046038319 ("FEEFALL LTD") whether those Services are provided through https://www.feefall.co.nz ("Website") or otherwise.
Anyone submitting information and/or otherwise utilising or accessing the Services is deemed to agree to these T&Cs and the other terms of the Agreement. A "Customer" includes a person or organisation named as a "Seller" and/or a named as an "Agent".
If you are utilising or accessing the Services on behalf of your employer or another entity, you confirm you have full legal authority to bind your employer or applicable entity to these T&Cs and the Agreement.
Account
Means an online account made available to a 'seller or agent' to enable the 'seller or agent' to manage among other things its profile and Listings and offers and any other digital services provided by Feefall Ltd.
Claim
Means, in relation to any person, a damage, loss, cost, fine, penalty, expense or liability incurred by the person or a claim, action, proceeding or demand made against the person, however arising and whether present or future, fixed or unascertained, actual or contingent.
Content
Means any information or material of any kind published or made available to Feefall Ltd by the 'Seller or Agent' in connection with the Services or the Website.
Fees
Means the fees payable by an Agent to Feefall Ltd upon being successfully chosen by a Seller. Once the fees have been paid the Agent will be provided the contact details of the Seller.
Agent
Means an active Real Estate Agent licensed under the REA New Zealand.
Seller
Means an individual that is a proprietor of real estate in New Zealand who has Authority to act in relation to that ownership capacity for the property which they list.
Services
Means the services provided by Feefall Ltd for use by the Seller to connect with local Agents.
Listing Term
Means the period automatically set when a Seller launches a listing on the platform. The listing will be removed from visibility to the Agents on the expiry of the countdown timer. On expiry the Seller has the ability to select an offer (if one exsists), re-launch the listing, or delete the listing from the Website.
Money Back Guarantee
Means the 15 day money back guarantee offered to an Agent who is successfully selected by the Seller. The Agent will have a 15 day period to meet with the Seller and if the Agent is unsuccessful in brokering a relationship with the Seller and unable to sign an Agreement to sell the Seller's property, the Agent my claim the Fee back from Feefall Limited provided the Agent agrees not to list the subject property within a 180 day period from the date of receiving the Sellers contact details nor to pass on the Seller information to an associate. Should the Agent act to deceive Feefall Limited the Agent my be removed and restricted from any further use of the Website.
Proposal
Means an Agents personalised proposal detailing critical aspects about the services they are willing to offer a prospective Seller in relation to marketing the Sellers home.
3rd Party Content
Any content provided by and Agent or Seller containing information and advertising from third parties and links to third party websites.
Visitor
Any individual accessing the Website.
2.1) Feefall Ltd must:
a) Provide the Services in accordance with this Agreement;
b) Provide the Services in a competent and diligent manner; and
c) Collect, store and disclose all personal information received by Feefall Ltdfrom the Seller/Agent in accordance with the this agreement or as required by Law.
3.1) Agent and Seller:
a ) Agent must pay the Fee for a successful proposal before receiving the Sellers contact details;
b ) The Agent must use the Services solely in accordance with this Agreement for the purpose of promoting their business submitting Proposals and managing Seller referrals;
c ) The Seller must use the Services solely in accordance with this Agreement for the purpose of finding a local Agent to list their property;
d ) The Agent must hold all required licences with all relevant regulatory boards including those of the REA and/or other bodies, councils or authorities necessary to enable the Agent to legally practice and deliver the relevant services in the jurisdiction in which the Agent operates;
e ) During their use of the Website the Agent must maintain any and all qualifications, certifications, licences and permits necessary for it to provide the relevant services to Sellers;
f ) The Agent and Seller must ensure that the Content they provide is accurate and up to date and remains accurate and up to date and it will indemnify Feefall Ltd for any Claim resulting from outdated or inaccurate Content;
g ) The Agent must mantain as confidential and keep secure all information regarding a Seller and any other data received from Feefall Ltd.
h ) The Agent and Seller must maintain as confidential and keep secure any passwords or other security credentials relating to the Services;
i ) The Agent and Seller must notify Feefall Ltd immediately of any authorised access of, or data breach relating to, the Services;
j ) The Agent and Seller will actively work with Feefall Ltd to promote Feefall Ltd and the Website.
k ) The Agent and Seller must not use the Services to:
i ) Post, publish or transmit any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, hateful, or racially or ethnically or otherwise objectionable;
ii ) Encourage conduct that is criminal, would give rise to civil liability or would otherwise violate any law;
iii ) Harm children in any way;
iv ) Impersonate a person or entity or falsely state their affiliation with a person or entity;
v ) Upload, post, transmit or otherwise make available any Content that infringes the rights of another party including but not limited to trademark, copyright and other intellectual property rights; or
vi ) Transmit or otherwise make available any material that contains software viruses or any other computer code, files designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
l ) The Agent and Seller must not use the Services to advertise or perform any commercial or other form of solicitation that is not authorised by Feefall Ltd.
a ) Feefall Ltd hold all intellectual property rights in the Services, and in all Feefall Ltd know how, software, materials and methodologies used in providing or incorporated into the Services.
b ) The Seller/Agent must use the Services solely for the purposes set out in this Agreement and not make any commercial use of the Services, including by reselling the Services to any party.
c ) The Seller/Agent must not to copy, alter, modify, reproduce, reverse-engineer, derive or develop the Services, any software used by Feefall Ltd to provide the Services or any part of them or attempt to do any of those things.
d ) The Seller/Agent must not use any Feefall Ltd logo or trade mark (other than as specifically authorised under this Agreement and in materials specifically approved by Feefall Ltd) without the prior written consent of Feefall Ltd.
e ) The Seller/Agent grants Feefall Ltd a licence to use, reproduce, publish, modify, translate, adapt and otherwise exploit the Content for the purpose of providing the Services.
a ) The Fees payable for the Services are set out in the 'Website' (or are as agreed separately in writing with Feefall Ltd), as may be amended from time to time.
b ) The Agent must pay all Fees required to be paid under the Agreement in accordance with the requirements, and on or before the due date, or as otherwise agreed in writing with Feefall Ltd.
c ) Unless otherwise agreed in writing with Feefall Ltd, Fees must be paid online by credit card or, if the Agent has provided the required direct debit authority signed by the agent by direct debit.
d ) If requested by Feefall Ltd, the Agent must provide valid credit card details to Feefall Ltd for payment of any Fees. Subject to any other payment arrangements expressly agreed in writing with Feefall Ltd, the Agent authorises deduction from the card with any Fees when due and payable.
e ) In no circumstances shall the Agent make any deduction or withhold payment for any reason whatsoever.
f ) If any payment is not made by the due date Feefall Ltd may:
i ) Suspend the Services and the Agent use of the website;
ii ) Cancel any discount, special pricing, promotional offers, priority ranking or similar benefits offered to the Agent by Feefall Ltd.
g ) All Fees stated are exclusive of GST and other applicable taxes, which must be paid by the Agent.
The Agent and Seller agree that Feefall Ltd may use any content for Feefall Ltd's promotion and marketing purposes and grants Feefall Ltd an irrevocable licence to use such content in this way, providing that Feefall Ltd does not knowingly use any Agent or Seller personal contact information for marketing purposes or use any content information in a way which would detract from the good name and reputation of the Agent or Seller. Such licence shall continue despite any termination of this Agreement.
The Website may contain information and advertising from third parties and links to third party websites ("3rd Party Content"). Feefall Ltd is not responsible for 3rd Party Content, including its accuracy, and will not be liable for any reliance the Agent/Seller places on 3rd Party Content. Feefall Ltd may engage third parties to provide 3rd Party Content at its sole discretion.
a ) The Agent and Seller indemnifies Feefall Ltd against any and all Claims arising from or related to any service provided (or which was failed to be provided) by the Website or and wrongful use of the Services.
b ) Feefall Ltd acknowledges that certain laws imply terms, conditions or warranties into contracts for the supply of Agents services to Sellers that cannot be excluded. Nothing in this Agreement is intended to exclude or unlawfully restrict the application of such laws.
c ) Subject to paragraph (b) above, Feefall Ltd excludes to the fullest extent permitted by law all rights, remedies, guarantees, conditions and warranties of or in favour of any Agent or Seller or third party implied or imposed in respect of goods and services related to the use of the Services and in particular:
i ) Feefall Ltd does not warrant that provision of the Services will be free of delays, uninterrupted, error free or free of viruses or bugs;
ii ) Feefall Ltd will have no responsibility or liability for any loss or damage that an Agent or Seller incurs as a result of any failure to backup data stored on its own systems; and
iii ) Feefall Ltd will have no responsibility for any loss caused by the Agent or Sellers negligence.
d ) If any term, condition, warranty or guarantee is implied or imposed into this Agreement and cannot be excluded, then to the extent permitted by law the liability of Feefall Ltd for a breach of the implied term, condition,warranty or guarantee will be limited as determined by Feefall Ltd in its sole discretion to:
i ) In the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
e ) To the fullest extent permitted by law, Feefall Ltd:
i ) Excludes any and all liability for any consequential or indirect loss, or any loss of opportunity, loss of goodwill or business reputation; and
ii ) Limits its aggregate liability for all Claims arising under or in connection with this Agreement or the Services in in each successive 12 month period from the date of commencement of this Agreement, to the Fees paid under this Agreement during that 12 month period,
whether for breach of contract, in tort (including without limitation negligence), under statute or on any other basis.
a ) The Agent and Seller agree that Feefall Ltd has made them aware of Feefall Ltd's practices and policies related to the collection, use and storage of personal data, further detail of which can be found in Feefall Ltd's Privacy Policy. The Agent or Seller consents to the use, in accordance with Feefall Ltd's Privacy Policy, of any personal information provided to Feefall Ltd.
b ) The use of the Website by the Agent/Seller is subject to the terms and conditions that apply to the use of and access to the Website, and the Practice Customer agrees to comply with and be bound by those terms and conditions.
a ) If there is any inconsistency between any of the documents that comprise this Agreement, the order of priority for the purposes of construction is as follows (where the provisions of the Form prevail over the other documents to the extent of the inconsistency, and so on):
i ) The Form;
ii ) These T&Cs; and
iii ) Any other document referenced or comprised in the Agreement.
b ) The Agent and Seller warrant and represent that it has not relied on any term, undertaking, inducement or representation made by, or on behalf of, Feefall Ltd which has not been expressly stated in this Agreement.
c ) The parties agree that the terms and conditions of this Agreement and matters relating to its performance are confidential and shall not be disclosed to third parties unless the parties to this Agreement agree, except where such disclosure is required by law or is to the respective parties' advisors, who shall in turn be required to keep the disclosed information confidential.
d ) Notice may be given by email. The Agent or Seller agrees that Feefall Ltd may give notice by sending an email to the address provided by the Agent or Seller as part of the sign-up or account set-up process, or as later notified.
e ) Except as otherwise agreed in writing this Agent and Seller Agreement forms the entire agreement between the parties and supersedes any prior agreement covering the same subject matter and any prior written or oral representations.
g ) Feefall Ltd may, at any time, amend the Agent and Seller Agreement, including, but not limited to, adding or amending any fees and charges for the Services (Variation of Terms). Feefall Ltd will provide the Agent or Seller with at least 30 days' notice of any Variation of Terms. A Variation of Terms takes effect on the date set out in the notice given by Feefall Ltd. If the Agent or Seller does not wish to continue to receive the Services after the Variation of Terms, then it may terminate this Agreement. The Agent or Seller's continued use of the Services or the Website after the effective date of the Variation of Terms shall be deemed to constitute acceptance of any such amendments. Any rights or liabilities arises prior to the effective date of any amendment to this Agreement will be unaffected by the Variation of Terms.
h ) If any provision of this Agreement for any reason is declared invalid, such declaration will not affect the validity of any remaining portion of the Agreement, which remaining portion will remain in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated.