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Terms of Use

HOUSER

Terms of Use

Welcome to Houser! Thanks for choosing to use our services.

These are the terms and conditions (Terms of Use) which relate to your use of www.houser.co.nz (the Website). The Website is owned and operated by Houser Limited (Houser), a company registered in New Zealand with company number 6173987 (we, us, our). When we refer to ‘you‘ and ‘your‘, we mean the user or browser of this Website.

By browsing or using the Website you will automatically be considered to have read, understood and accepted these Terms of Use. If you do not accept these Terms of Use, or any part of them, you should stop using the Website immediately.

We reserve the right to make changes to these Terms of Use, the Website and any product or service described on the Website at any time.  Any such change will be effective once reflected in the text of these Terms of Use and published on the Website.  You should check the Terms of Use periodically to ensure that you are aware of and complying with the current version. Continued use of the Website after changes have been posted shall be deemed to constitute your reading, understanding and acceptance of the amended Terms of Use.

Nothing on this Website is intended to create and in no circumstances shall be deemed to create any legal or other relationship between us and you or any between us and any third party.

Your use of the Website

The content of the pages of the Website are for your general information only. We do our best to ensure that the information on the Website is accurate and helpful at all times. However, we cannot warrant the accuracy of any information or be held responsible for any inaccuracies, errors or omissions in the information displayed.  We shall not be responsible for any use or reliance you may make or of put on the information displayed on this Website expect as expressly set out in these Terms of Use, or as specifically agreed with us in writing. 

Unless explicitly stated otherwise, the information displayed on the Website is provided to you for information purposes only and is not intended to constitute an offer, invitation or inducement of any kind.

You agree to use the Website only for lawful and proper purposes, and in a manner which does not infringe, restrict or limit the rights or enjoyment of the Website by any other person. In particular but without limitation you must not do anything which is unlawful or which may harass or cause distress or inconvenience to any person or which may otherwise disrupt the normal operation of the Website or transmit any material which is or may be considered obscene, offensive, indecent or contrary to public order or morals. You acknowledge that we may report a breach of this obligation to the relevant law enforcement authorities.

We reserve the right at any time to modify or stop providing the Website or any part or feature of it or any service provided via the Website, either temporarily or permanently, with or without giving prior notice to you. We shall not be liable to you for any medication, suspension or discontinuance of the Website.

As electronic services are subject to interruption or breakdown, access to the Website is offered on an “as is” and “as available” basis only. We do not warrant that the availability of the Website, nor any part of it will be uninterrupted or free from viruses, bugs or other malicious content. We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit), which you may incur as a result of the Website or any part of it being unavailable at any time for whatever reason. All warranties implied by law, except those that cannot be lawfully excluded, are excluded.

Intellectual Property and Data Protection

All copyright, trade marks and other intellectual property rights and goodwill in or relating to the contents of the Website or to the form, creation, arrangement or design of the Website belong either to us or our third party licensors, unless expressly stated otherwise.

You may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work, distribute or otherwise exploit any of the content of the Website, or anything derived from such content, in any form (whether hard copy, electronic or otherwise).

The Website may contain links or references to other websites maintained by third parties. Such links are provided solely as a convenience to you. We are not responsible for the content of any websites that have links with this Website, or for the legal consequence of your entering into any contracts with third parties. We do not accept any liability for any loss, damage, expense, costs or liability incurred by you as a result.

Your privacy and security is very important to us. Certain data items are collected and used by the Website in order to provide the Website services. The Website will record and track the use you make of the Website. The use of this data is subject to our Privacy Policy. The Privacy Policy is deemed to be part of these Terms of Use and you must read it in full. If you do not accept the terms of the Privacy Policy, you may not use the Website.

Liability

Other than in circumstances where liability cannot be excluded pursuant to the applicable law, neither we nor our officers, directors, employees, agents or contractors shall in any circumstances be liable for any loss, damage, expense, cost or other liability, howsoever arising, in connection with your use of the Website and whether direct, indirect or consequential.

Electronic communication

By agreeing to the Terms of Use, you agree to receive all communication, documents, offers, contracts, notices and agreements in an electronic format whether by way of email, message, the Website or any other means available now or in the future. 

Indemnity

You agree to defend, indemnify and hold harmless Houser, its affiliates and their officers, directors and employees from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of this Website or any breach of these Terms of Use.

Online Account

In order to make use of certain parts of the Website, you may need to register an online account with us through this Website (Online Account). In order to register an Online Account, you must:

        1. satisfy the minimum age requirement of 18 years;
        2. provide us with complete and accurate registration information;
        3. ensure your use of the Website is in accordance with these Terms of Use and any applicable laws; and
        4. select a username and password (Log-In Details).

By registering an Online Account with us you warrant, represent and undertake that:

        1. you meet the minimum age requirement;
        2. you have given complete and accurate registration information, and will keep that information updated; and
        3. your use of the Website does not violate these Terms of Use or breach any applicable laws. You may cancel your Online Account at any time by notifying us. We may terminate your Online Account for any or no reason, at any time, with or without notice to you and without incurring any liability to you, however that liability may arise.

In order to use the Website and your Online Account, you will require access to the Internet. You are responsible for any connection, service and other fees associated with such access and for providing all equipment necessary to enable you to connect to the Internet (including a computer and modem or other access device).

You are solely responsible for all activities that occur in connection with your Log-In Details in respect of the Website and any Online Account. Accordingly, you must take steps to protect the confidentiality of your Log-In Details. You must notify us immediately if you become aware of any disclosure, loss, theft or unauthorised use of your Log-In Details.

User Generated Content

By submitting any message, data, information, text, sound, photos, graphics, code or any other material (Content) to this Website by electronic mail, postings on this Website, through our ‘contact us’ portal or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (Submissions), you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, publish and publicly display such Submissions throughout the world in any media and use your name that you submit in connection with such Submission.

General

If any provision of these Terms of Use (or any part of any provision) is found by any court or other authority of competent jurisdiction to be invalid or otherwise unenforceable by reason of law then, such invalidity will not affect the other provisions of this Agreement which will remain in full force and effect.

These Terms of Use shall be governed by the laws of New Zealand. You irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.

We may perform any of our obligations, and exercise any of the rights granted to us under these Terms of Use, through a third party. We may assign any or all of our rights and obligations under these Terms of Use to any third party.

You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. In this clause, “conduct” includes delay in the exercise of any right. For the purposes of this clause, “right” means any of our rights arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause.