Acknowledgement and Acceptance
1.1 By using Trish Adams website (Website) you acknowledge that you have read, understood and accept the legal provisions in these Terms & Conditions (Terms ).
Website means any website owned and/or operated by Trish Adams and any social media sites or blogs including but not limited to those on Twitter, Facebook, Youtube, Myspace, Slideshare, Flickr or LinkedIn.
1.2 The information contained on the Website is subject to change without notice. If you are a regular visitor and/or member please check these Terms regularly.
Using the Website
You are responsible and legally liable for your activity, use of and conduct on the Website.
Your obligations when using the Website
Trade Marks and Copyright
(a) “Harveys” is the trading name for Harveys Real Estate Limited. All references to Harveys include a reference to all of its related entities, authorised licensees and agents.
“Harveys Trade Marks” means all trade marks (whether or not they are registered) and trading names belonging to Harveys.
(b) Under Australian and international law, the material on the Website, including all pages, graphics and services, is subject to copyright. You must not:
(i) unlawfully use any of our or our suppliers copyright material;
(ii) pass off content from our site as your own - this includes the practice of 'framing' our site within another site as well as copying and re-using parts of the site; or
(iii) use, modify, publish, license, create derivative works from, transfer, or sell any copyright material, Harveys Trade Marks, information, materials, software, products or services obtained from the Website without our prior written consent.
(c) You may access, use, download and print information and materials displayed on the Website for your personal and non-commercial use only (including for the purposes of property investment or purchase or lease of commercial property through Harveys).
(a) To ensure that using the Website is a pleasant experience for everyone, you are prohibited from posting any material that, or using the Website in any way that:
(i) violates any laws;
(ii) is threatening, abusive, defamatory, obscene or indecent;
(iii) is false or misleading;
(iv) infringes any third-party rights including copyright, trade marks or other intellectual property rights;
(v) distributes chain letters or pyramid schemes or spam users of the Website;
(vi) distributes viruses or any other technologies that may harm the Website, the interests or property of Trish Adams or other users;
(vii) imposes an unreasonable load on our infrastructure or interferes with the proper working of the Website;
(viii) copies, modifies, or distributes any other person's content without their consent;
(ix) uses any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission;
(x) harvests or otherwise collects information about others, including email addresses, without their consent;
(xi) bypasses measures used to prevent or restrict access to the Website;
(xii) impersonates any person or entity;
(xiii) in any way makes available using the Website any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.
Objecting to content
You are solely responsible for any content that you create, transmit or display on our Website and for the consequences of your actions (including any loss or damage that Trish Adams, Harveys or any third party could suffer) by doing so.
Trish Adams has the right to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Website at her sole discretion. If you find any content that is objectionable please contact Trish Adams.
Changes to Content
Trish Adams and contractors may make improvements or changes in the information, services, products, and other materials displayed on the Website, or terminate the Website, at any time without notice. Trish Adams may modify the Website Terms at any time, and such modifications will take effect immediately upon posting of the modified Terms on the Website. Accordingly, you agree to read the Terms on a regular basis, and your continued access or use of the Website will be deemed to be your acceptance of the modified Terms.
User generated content
If you upload content, you:
(a)(attribution of copyright owner) must include the author and source of the content and ensure you have obtained the necessary rights to use the material in the way in which it is being used;
(b)(indemnification) agree to indemnify us against all liability claims or proceedings whatsoever arising from your publishing the content by uploading it onto the Website in relation to defamation, breach of copyright, trade mark infringement, unfair competition, trade practices, royalties, violation of rights or privacy;
(c)(warranties) warrant that the content is legally compliant and that its publication does not give rise to any rights against or liabilities against Trish Adams or Harveys, including anything that is capable of a breach of relevant legislation.
If you post materials to or links from the Website that infringes any third party rights, you indemnify Harveys against any loss, liability, damage, cost (including LJ Hooker’s reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the Websites.
You agree to assign copyright in all original content that you post on the Website to Trish Adams upon publication. Further, you agree to formally record such assignments and that you appoint Trish Adams as your proxy as may be required for the sole purpose of completing such an assignment. Trish Adams retains copyright on all content, design and artwork produced for the Website.
If you upload photographs, audio or video recordings of yourself, you consent to give Trish Adams and Harveys the right to use these photographs and recordings in the production of the Website. You further give Trish Adams and Harveys the right to use or reproduce this content, including your likeness, in whole or in part for publicity or broadcast purposes as we reasonably see fit (although we will endeavour to contact you in order to notify you of such use where reasonably practicable for us to do so).
You are welcome to put links on your site pointing to our Website but only if all links abide by these Terms. Further, that you agree to immediately remove any links from your websites as directed if Trish Adams deems the links to be misrepresentative of her brand, image and reputation in any way.
Trish Adams wants as many of you as possible to engage in vibrant and lively discussions on our social pages. However, there are limits to acceptable communication and we require that discussions and/or comments posted by users on the Websites are constructive, civilized and relevant.
Trish Adams reserves the right to immediately remove any content that does not fall within these guidelines and, in extreme cases, Trish Adams can suspend or terminate your membership.
Copyright and Trade Marks Policy
Trish Adams will action notices alleging any infringement or breach of someone’s intellectual property or personal rights within 7 business days of being notified, including but not limited to:
(a)alleged copyright infringement that comply with applicable international intellectual property law (including Take Down Notices under the Digital Millennium Copyright Act); and trade mark complaints.
Trish Adams will action notices alleging defamatory posts or links about you within 1 business day of being notified.
Trish Adams reserves the right to remove users and/or subscribers for copyright and trade mark infringement and will use reasonable endeavours to remove any such content (or suspend it pending the dispute outcome).
Trish Adams is not in any way responsible or liable for any user generated content published on its Website so long as it is removed within the time specified.
If you suspect that your copyright or trade marks have been infringed please email Harveys using the details at Section 11.
If you suspect that your copyright or trade marks have been infringed please contact Trish Adams.
See our Disclaimer Policy.
Third party websites
The results from calculators supplied on the Website should be used as an indication only. Results do not represent either quotes or pre-qualifications for a product or service. It is advised that you consult your legal adviser or financial adviser before proceeding with any transaction.
Choice of Law/Forum
These Terms are governed by and construed in accordance with the laws of New Zealand without giving effect to any principles of conflicts of law. Trish Adams or Harveys failure to insist upon strict enforcement of any provision of these Terms will not constitute a waiver of any provision or right. Any legal action or proceeding between Trish Adams or Harveys and you related to these Terms will be brought exclusively in a court of competent jurisdiction in New Zealand.
(a) Lodgment of Complaints
Trish Adams will provide reasonable information and assistance to ensure that Complaints are lodged effectively.
Complaints may be lodged by emailing Trish Adams.
Complaints will be acknowledged and Website users will be advised of the progress of their Complaint.
Trish Adams will continue to develop, quality processes for the effective acknowledgement and processing of complaints.
(b) Response to Complaints
Complaints will be processed in a timely and efficient manner. Trish Adams is committed to continuous improvement and training to ensure that complaints are resolved promptly and courteously.
Managing our customer's expectations realistically is Trish Adams' goal. This involves the careful analysis of each complaint and a resolution offered as soon as practicable.
(c) Review of Complaint Handling Process
Trish Adams' complaint handling procedures and systems ensure effectiveness and we conduct internal reviews to highlight any need for improvement.
(d) Records/ Systems
Complaints will be recorded and analysed to ensure that our complaint management processes comply with this policy.
Systemic trends and recurring problems will be identified and feedback provided to the relevant departments to improve processes and your customer experience.
(e) Escalation of Complaints
Trish Adams' goal in the area of complaints handling is to finalise complaints as soon as possible. Where necessary, you will be kept informed of the progress of your complaint.
Where Trish Adams has exhausted the channels available to it under these Terms and the relevant Policies to address your complaint, you can escalate your complaint to the Commerce Commission.
MORE ON TERMS & CONDITIONS
You can obtain further information about disclaimers in New Zealand and the protection of your personal information on the New Zealand legislation website www.legislation.govt.nz
Please contact us if you wish to discuss any disclaimer issues, or if you do not wish to receive any future communications from us.