User Terms

The OneRoof platform, accessed through our website or mobile application or any other online medium (“Platform”), is brought to you by OneRoof Limited (together with its related companies “we”, “our” and “us”). The Platform has been developed in an effort to help you make your property decisions easier, including presenting you with available properties from Real Estate Agents and other service providers and listers (together, “Agents”). These terms and conditions set out below (“Terms”) apply to your use of the Platform and the services we provide. Additionally, please be aware of our Privacy Policy and our terms for advertisers. By using the Platform (including by setting up an account), you confirm that you, the Platform user (“you”, “your”), agree to these Terms, and to any amendments we make from time to time. Please read them carefully. If you do not accept the Terms or our Privacy Policy you must immediately stop using the Platform and services.

We may need to update these Terms from time to time to reflect changes in law, market practice or the services that we provide. You are encouraged to regularly check these Terms for any updates. If we make any material changes that may affect you, we will try to notify you by email or by means of a notice on the Platform prior to the change becoming effective. If you do not agree to those changes you can terminate your OneRoof account at any time.

The Platform is not for use by anyone under the age of 13.

It is your responsibility to keep your login information and your password safe and secure. We suggest you choose a strong password and keep that confidential at all times. If there is any activity undertaken with your login details then you are responsible. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you think that your details may have been used by someone else then you must notify us as soon as possible. You must also change your password immediately. You agree to indemnify OneRoof against any and all liability we suffer arising out of your failure to maintain the confidentiality of your username and password.

You will own all the content and information that you submit to your account. You are granting OneRoof and our affiliates a non-exclusive, worldwide, transferable, irrevocable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide, without any further compensation to you or others.

You agree you will only provide content or information that is truthful, complies with the law and does not infringe anyone’s rights (including intellectual property rights).

You also agree that we have no obligation to maintain copies of any content or information that you or others provide. We are only required to provide you with copies of such content as required by applicable law and as noted in our Privacy Policy.

In accessing and using the Platform you acknowledge and agree to our Disclaimer and disclosures which are also incorporated into these Terms.

To the fullest extent permitted by law, we (and our officers, employees, agents and related companies and other bodies corporate) exclude all liability (including in contract, for negligence or otherwise) for any loss, damage (whether direct, indirect or consequential), costs or expenses suffered by you or in respect of claims made against you, however caused, in connection with:

•  your use of our Platform (and its materials and services) or any other website that you access via the Platform;

•  any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to our Platform or any other website that you access via the Platform;

•  any fraudulent or unauthorised use of your OneRoof account;

•  any property and any subsequent agreement you may enter into in relation to any property; and

•  your use of any products, goods or services supplied or offered on the Platform or communicated to you by any Agent or advertisement via the Platform.

These Terms must be read subject to our obligations to you to guarantee the quality and fitness for purpose of our services under consumer protection laws like the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in these Terms overrides or restricts those obligations. However, we emphasize that we do not provide those guarantees in relation to products or services supplied to you by any Agent, advertiser or any other third party.

We may change or discontinue any of the services we provide through the Platform at any time. We are not obligated to store or display any information, articles or content on our Platform and can remove it in our sole discretion, with or without notice to you.

If you allow a third party app or site to authenticate you or connect with your OneRoof profile, that app or site can access your information on the Platform. Third party apps and site have their own legal terms and privacy policies and you should check these before proceeding.

The Platform may contain links to external sites. Those sites, unless otherwise indicated, are not under OneRoof's control. No link appearing on the Platform and no external sites linked to the Platform are endorsed by OneRoof and no responsibility is taken for material in them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify OneRoof against any liability arising out of your accessing any linked site.

Articles or reports on the Platform provided by a named third party express their views, and do not necessarily reflect the views of OneRoof.

We are not obligated to publish any information, articles or content on our Platform and can remove it in our sole discretion, with or without notice to you.

You acknowledge that all content on the website is our exclusive property or is used with the express permission of the copyright and/or trademark owner. No content featured here may be reproduced, published or transmitted. Or used for the purpose of developing any software program, including (but not limited to) training a machine learning or artificial intelligence system, without our prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.

'OneRoof' is our trade mark. All rights in this trade mark are expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Platform are the property of their respective owners and may not be used or reproduced by you without obtaining the owners’ express permission.

By providing any feedback to us regarding the Platform, you agree that we can (but do not have to) use and share such feedback for any purpose without compensation or notification to you.

You acknowledge that your use of the Platform and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, OneRoof and its service providers do not make any warranty that the Platform or services will be error free, without interruption or delay or free from defects in design or engineering.

You agree that when using the Platform, you will not:

•  Develop, support or use software or any other means to scrape the Platform or otherwise copy data from the Platform;

•  Bypass or circumvent any access controls or use limits;

•  Copy, distribute or use any information obtained from the Platform without our consent;

•  Violate the intellectual property rights or other right of OneRoof or any others;

•  Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology;

•  Access the Platform except through the interfaces expressly provided by OneRoof;

•  Use the Platform for tasks that it is not intended for;

•  Override any security feature of the Platform; and/or

•  Interfere with the operation of, or place an unreasonable load on, the Platform.

By providing content, including text, photos, audio and video, ( your “Content”) for publishing or posting on the Platform, you:

•  grant OneRoof a world-wide, royalty-free, non-exclusive licence to use and exploit all intellectual property rights in your Content, in perpetuity, without restriction and without making any payment to you and without seeking any further approval from you, including publication of that Content in hard copy publications or in electronic media, using your Content in advertising or promotional material and permitting others to do any of these, including when others or OneRoof receive payment for doing this;

•  waive all moral rights in your Content and consent to OneRoof doing anything which OneRoof (or anyone permitted by OneRoof) may do in relation to your Content which would otherwise be in breach of your moral rights. This includes OneRoof using your Content without attributing you as the source of your Content;

•  warrant that you are the sole author or owner of the Content;

•  warrant that you have the right to grant the abovementioned licence;

•  agree that we may use your name, likeness, publicly accessible biographical data in connection with our use of such Content;

•  authorise OneRoof to use any Content you provide to us in good faith for the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of OneRoof and its customers and the public;

•  authorise OneRoof to edit, modify, amend or adapt or otherwise change your Content; and

•  agree to indemnify OneRoof and its officers, employees and agents from any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of the publication by OneRoof of your Content.

You acknowledge that our use of your Content may include licensing such Content to third parties and/or using such Content for advertising purposes. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms. Not all submitted Content will be published. Publication is at the discretion of OneRoof.

You acknowledge that you have read and understood the terms of the OneRoof Privacy Policy available on this Platform. You agree that OneRoof may use and disclose information about you in accordance with the terms of that Privacy Policy.

If you make contact with a person or company through the Platform and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the Platform without the prior consent of that person.

If you use any communication tools available through the Platform (such as instant messaging tool) or you post or otherwise upload anything to the Platform, you agree only to use such communication tools and other aspects of the Platform for lawful and legitimate purposes. You must not use any communication tool or other aspect of the Platform for posting or disseminating any material unrelated to the use of the Platform, including (without limitation) offers of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other user of the Platform, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication or provision of information on the Platform, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the Platform are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at [email protected].

To the maximum extent permitted by law, you specifically agree to indemnify and hold OneRoof and its affiliates, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities we suffer relating to your use of the Platform, the services OneRoof provides or their use by any person on your behalf, or your failure to comply with these terms and conditions.

We reserve the right to decline to register or to suspend, limit, cancel or disable your account and access to the Platform and services without prior notice: (i) if we reasonably believe that you or someone authorised by you breaches any of the Terms; (ii) if we consider it necessary due to technical or security issues, (iii) if there is a prolonged period of inactivity on the Platform by you; (iv) if we are requested to do so by a government or law enforcement agency; (v) or if we otherwise consider it necessary in our sole discretion. We are not required to provide any reasons for a decision to suspend, limit, cancel or disable your access or account. In the event of termination, you agree that you will not open or attempt to open any new OneRoof accounts.

Upon termination of your account you will be restricted from accessing any account restricted area of the Platform and submitting any material to us. Any material or information previously submitted by you or other information held by us in relation to your use of the Platform or services may be deleted and if this occurs it cannot be returned to you.

•  Where you download, install or use the mobile application version of the Platform (“App”) on an Apple mobile device, you acknowledge and agree that:

•  these Terms are an agreement between you and us and not between you, and Apple, Inc. nor any subsidiary of Apple, Inc. (“Apple”);

•  Apple has no responsibility or liability in respect of any matter relating to the App, including your use or possession of the App; and

•  these Terms supersede any agreement between you and Apple in relation to your use of the App.

We and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of these Terms and that Apple has the right to enforce these Terms against you as a third party beneficiary.

Where you download, install or use the App on a mobile device running an Android operating system, you acknowledge and agree that:

•  these Terms are an agreement between you and us and not between you, and Google, Inc. nor any subsidiary of Google, Inc. (“Google”);

•  Google has no responsibility or liability in respect of any matter relating to the App, including your use or possession of the App; and

•  these Terms supersede any agreement between you and Google in relation to your use of the App.

We and you agree that Google, and any Google subsidiary, are third party beneficiaries of these Terms and that Google has the right to enforce these Terms against you as a third party beneficiary.

If any dispute arises between you and us, we both agree in good faith to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any formal legal action.

Please note that any dispute which arises in relation to any property, product or service you access or are introduced to via OneRoof must be resolved between you and the relevant Agent or applicable third party. You agree that OneRoof has no responsibility for the quality, suitability or any other aspect of any property, product or service that is advertised on this Platform and you will not involve us in any dispute or in the resolution of disputes that arise between you and an Agent or other third party.

The illegality, invalidity or unenforceability of any part of the Terms will not affect the legality, validity or enforceability of the remainder.

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

These Terms are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts for any proceedings in connection with these Terms.

‘OneRoof’ means OneRoof Limited and all its related companies including NZME Publishing Limited, Hougarden.com Limited and all brands and operating companies controlled by or associated with those entities.

The ‘Promoter’ is OneRoof.
‘Disqualified Participants’ are:

(a) all OneRoof employees, all employees of participating sponsors or promoters and/or advertising agencies and their Immediate Families;

(b) all people under the age of 18 years where the prize incorporates air travel or any other element which would be illegal to supply to a person under the age of 18 years;

(c) all people who have won a prize from the channel/station running this promotion in the last 14 days. If the previously won prize was valued at over $1000 the winner must stand-down from entering for a period of 90 days.

‘Immediate Families’ include spouses, grandparents, parents, children, and grandchildren, whether by marriage, past marriages, remarriage, adoption, co-habitation or other family extension.

1. These Promotion or Competition Rules (‘the Rules’) apply to all OneRoof Promotions or Competitions (collectively the ‘Promotion’) conducted on or off air and by means of any medium – online, radio, print, or a connected device. The Rules may change from time to time.

2. If a particular Promotion has specific rules or terms (‘the ‘Specific Rules’) those Specific Rules will apply if there is any inconsistency with the Rules.

3. Unless otherwise stated in the Specific Rules registration, entry or vote is limited to 1 per person. Where multiple registrations, entries or votes are acceptable, each must be made separately.

4. Entry into the Promotion is deemed to be acceptance of the Rules and the Specific Rules and confirmation that the entrant has the necessary authority (for example from the bill payer or owner of a telephone) to enter the Promotion.

5. No purchase is necessary to win or participate in the Promotion, unless specified in the Specific Rules.

6. The Promotion is open to New Zealand Residents only. Disqualified Participants may not enter in the Promotion.

7. OneRoof reserves the right to exclude any person from participating in the Promotion on reasonable grounds.

8. OneRoof reserves the right to refuse to award any prize to an entrant who OneRoof decides (in its sole discretion) has violated the Rules (including the Specific Rules), gained unfair advantage in participating in the Promotion or won using fraudulent means.

9. By participating, entrants grant OneRoof exclusive permission to use their names, characters, photographs, videos, voices and likeness in connection with the Promotion and for future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use.

10. All entrant personal details must be valid and up to date and will be held by OneRoof and may be used for the purpose of the Promotion and for future promotion and marketing purposes in accordance with OneRoof’s Privacy Policy (see www.oneroof.co.nz) unless otherwise directed by contestants at the time of entry.

11. Personal information provided at the time of entry is presumed to be true and, in the case of text or email notification – active, through to and beyond the date of the Promotion’s completion.

12. Where the Promotion involves texting, the following apply:

a) Standard sms text charges will apply, unless otherwise stated in the Specific Rules and will depend on the entrant’s particular plan or agreement with their phone service provider;

b) Any form of automated text message is invalid;

c) The telephone number from which the entry was made will be stored in a database. The entrant has a two-business-day period from the time of entry to request removal from the database. If no request is made it is deemed acceptance that the information can be used for future promotion and marketing purposes; and

d) OneRoof takes no responsibility for text costs incurred after the Promotion has closed as stipulated in the Specific Rules.

13. Only the person who originally entered the Promotion can be awarded the prize (the ‘Winner’).

14. The Winner will be determined in the manner set out in the Rules or the Specific Rules – if not specified then as determined by the Promoter who shall for this purpose be deemed the judge (the ‘Judge’).

15. The Judge’s determination of the Winner will be final and no correspondence will be entered into.

16. The Winner will be notified by email, phone (voice or text), mail or in person and must be available for the preparation of all publicity that may be required by OneRoof. Where attempts to contact the Winner fail (eg when the Winner cannot be contacted by phone after three attempts or mail sent is returned) the Judge will select another winner. If, after successful notification, the prize is not collected within two months of being announced it will be regarded as forfeit. (Note: 3 attempts to contact the Winner will include individual calls to any numbers provided at the time of entry.)

17. The Prize is not redeemable for cash or transferable. No other family members, friends, office associates or any other person will be able to participate on the Winner’s behalf. In the event that the Prize specified in the Competition becomes unavailable for any reason the Promoter may substitute a prize of like or equal value.

18. Where the Winner is required to claim the prize in person, they must provide proper identification (eg driver’s licence, passport, birth certificate). If the Winner is under the age of 18 years their parent or legal guardian must accompany the Winner or give their prior written consent to the award of the Prize.

19. The Winner takes the Prize entirely at his/her own risk and indemnifies OneRoof in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The Winner is responsible for all insurance, tax or other costs that may be associated with the Prize. Where the Prize has associated terms and conditions the Winner accepts the Prize subject to those terms and conditions and restrictions.

20. Where the Prize includes air travel and/or accommodation, either international or domestic (the ‘Travel Prize’):

(1) the Winner MUST have valid documentation, including but not limited to valid passports and Visas, which meet the requirements of immigration and other government authorities at every destination.

(a) Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities (including any costs associated with delay, will be the sole responsibility of the Winner).

(b) When the Travel Prize includes travel to or through the United States, it is the Winner’s responsibility when travelling into or through (transiting included) the United States under the Visa Waiver Program to apply for an Electronic System for Travel Authorisation (ESTA) no later than 72 hours prior to departure if required. The winner must visit the US Department of Homeland Security website and fill in the required information. The cost of the ESTA is the sole responsibility of the Winner.

(2) The Winner and their travelling companion (if applicable) must travel together at all times. The Winner is responsible for transport from their residence to their nearest international airport for flight departure and from their nearest international airport to their residence upon returning to New Zealand.

(3) Flight tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. The flight itinerary may have to be adjusted depending on the airline's departure city and their current flight schedule. Unless otherwise specified, the air travel is economy class.

(4) Any changes to travel dates or additional accommodation outside the travel period specified in the Travel Prize details, made by the winner, which incur additional costs, are to be paid by the Travel Prize winner.

(5) Unless explicitly stated in the Specific Rules, the Winner will be responsible for expenses including, but not limited to, spending money, meals, drinks, transport, laundry charges, activities, incidentals, taxes (excluding departure and any other flight associated taxes included within the Travel Prize), gratuities, services charges, passports, visas, travel insurance and all other ancillary costs associated with redeeming the Travel Prize. The Winner must obtain travel insurance to protect themselves against additional costs incurred in the event of unforeseen circumstances.

(6) The Travel Prize is not transferable or exchangeable and cannot be redeemed for cash. The Travel Prize must be taken as stated in the Specific Rules and no compensation will be payable if the Winner is unable to use the Travel Prize as stated. For the avoidance of doubt, if the Winner is, for whatever reason, unable to travel on a nominated date during this period, whether the failure was due to reasons beyond the Winner's control or otherwise, then the Winner will forfeit the Travel Prize.

(7) The Promoter makes no representation as to safety, conditions and other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the New Zealand Ministry of Foreign Affairs and Trade. The winner accepts the Travel Prize at their own risk.

(8) All travel is subject to the terms, conditions and restrictions of the Travel Prize service providers. Any travelling companion included in the Travel Prize (if applicable) accepts the Travel Prize subject to these terms, conditions and restrictions as if references to the Winner in the relevant clauses were to the travelling companion. The Winner and their travelling companion must sign a legal release, in a form acceptable to the Promoter in its absolute discretion, if requested by the Promoter.

21. In the event a Promotion cannot be operated as anticipated, OneRoof reserves the right to amend, vary, extend or discontinue the Promotion.

22. OneRoof takes no responsibility for any inability to enter, complete, continue or conclude the Promotion due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with a misspelt keyword, texts to an incorrect shortcode, Force Majeure or otherwise.

23. To the fullest extent permitted by law OneRoof will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Promotion entry or winning the prize.

24. Where the Prize is to be supplied by an entity outside OneRoof control and that entity fails, for whatever reason, to supply the prize, OneRoof has no responsibility for the provision of the Prize and is not obliged to provide an alternative Prize or to take legal action to require the Prize supplier to provide the Prize.

25. Participation in the Promotion is deemed acceptance of these Terms and Conditions.

26. If the Winner does not accept these Terms and Conditions the prize will be forfeited.