Welcome to Bayleys, New Zealand's premiere real estate portal. These terms and conditions are intended to help keep Bayleys a safe place to market real estate products and services.
Terms and conditions
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Bayleys Realty Group Limited offers you access to the Services and the Website. By registering as a user of the site you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Bayleys from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated 7 March 2012.
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
‘advertisers’ means those franchises of Bayleys Realty Group Limited as detailed in each listing;
‘Bayleys’ means Bayleys Realty Group Limited;
'listing' means a property or real estate product or service listing on the Website.
'Services' means any one or more of the online services offered under the website by Bayleys from time to time, including online open home registers, alerts, saved searches, watch lists and any other online service that Bayleys may offer;
‘user’ means a registered user of the Bayleys website;
'we', 'us' and 'our' are a reference to Bayleys Realty Group Limited;
'you' and 'your' are a reference to you;
'Website' means the Bayleys website through which the services are offered at the domain www.bayleys.co.nz;
2.1 Disclaimer: You expressly understand and agree that:
a. Your use of the Services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.1, Bayleys disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties related to security of your information;
b. Bayleys does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information provided on the Website is error-free or reliable;
c. No advice or information that is obtained by you from Bayleys or anyone else shall create any warranty by Bayleys that is not expressly stated in the terms and conditions; and
d. Responsibility for the content of advertisements appearing on this Website rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Bayleys' recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
e. The currency conversions provided on our website are supplied by a third party provider and are for information purposes only. We've done our best to obtain the most up to date currency rates, however, we can't guarantee the accuracy, timeliness, reliability or completeness of the rates being displayed or used by the calculator. Exchange rates are subject to chance at any time without notice and should be used as a guide only. Bayleys won't be liable in any way for results from use of the data provided - you should always confirm current exchange rages with a reputable foreign exchange broker before making any transactions that could be affected by changed in these rates.
f. The language translations on this site are delivered using the Google Translate function provided by Google. We can't guarantee the accuracy of these translations and some content on the site may be misrepresented due to this process.
2.2 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Bayleys to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another user’s acts or omissions, a breach of Security, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Bayleys's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions.
2.6 Breach: Without limiting any other rights and remedies available to Bayleys, Bayleys may limit your activities on the Website, or refuse to provide our Services to you if you breach these terms and conditions or where Bayleys considers it appropriate.
Becoming a member
3.1 Becoming a Member: Becoming a user is free.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a user. You must maintain and update your personal information held by Bayleys to ensure it is kept current at all times. Bayleys may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Bayleys's discretion, you may create a business user in addition to your personal user.
3.3 Termination: Bayleys reserves the right to decline to register or to terminate your user profile without entering into further discussions with you. Without limiting the foregoing, Bayleys may terminate your user profile if a serious complaint or multiple complaints are received about you from other users, if you breach these terms and conditions, if you impersonate another user, or if we, at our sole discretion, deem your behaviour to be unacceptable.
3.4 Emails and newsletters: Bayleys will send you emails for promoting and marketing other Bayleys products and services to you. Bayleys may also send regular electronic newsletters to users. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
4.1 General While we take all due care to ensure the privacy and integrity of the information you provide, there remains the possibility that this information could be unlawfully accessed or observed by a third party while in transit over the internet, or while stored on our systems or on the Website. Bayleys takes no responsibility for the distribution of information you provide due to any breach of security.
General rules and provisions
a. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
b. You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
5.2 System Integrity: Bayleys will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Bayleys takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Bayleys assumes no responsibility for the corruption of any data or information held by Bayleys.
5.3 Force Majeure: Bayleys has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Bayleys to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Bayleys.
5.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
5.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
5.6 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
5.7 Intellectual Property Rights: Bayleys owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the code and software and other material underlying and forming part of the Services and the Website.
a. You may not without our prior written permission, in any form or by any means:
i. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; orii. Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
5.8 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
5.9 Privacy: Bayleys collects personal information about you through your use of the Services and the Website.