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TERMS OF USE

Chateau Enterprise Limited, trading as Rate My Flat ("we, us") owns and operates this website (www.ratemyflat.org.nz). The reviews posted on our website have been submitted by third party users and do not represent our views or opinions.

We are a social enterprise so value purpose over profit. Our goal is to see all tenants in warm, dry and energy efficient housing. We care about our users so will endeavour to use the information you provide to us to advance this goal. In return we expect you to use our website for good.

(1) Introduction

These Terms of Use govern your use of our website RateMyFlat.org.nz. By accessing and using our website, you acknowledge that you have read and accept these Terms of Use and our Privacy Policy.

You must be at least 18 years of age to use our website. By using our website and by agreeing to these Terms of Use you warrant and represent that you are at least 18 years of age.

(2) About Your Review

Your review will appear on the website but we reserve the right to moderate reviews at any time and will not tolerate abusive language, racism or any marketing of websites and other companies. We will not take any responsibility for you naming any person or persons in your review.

(3)Licence to use website

Unless otherwise stated, we own all intellectual property rights in the website and material on the website. The material on this website is subject to copyright, unless otherwise stated.

You must not:

(a) sell, rent or sub-license material from the website;

(b) show any material from the website in public;

(c) reproduce, duplicate, copy or otherwise exploit material on our website,

without our prior written consent in each case. If we give our consent you must acknowledge the source of the material and ensure that you do not remove any copyright, trademark or other intellectual property notices contained in such material.

(4) Acceptable use

If you wish to link to this website you must request our permission by contacting us at [email protected] Even with permission, you must not do anything which alters our website or interferes with how it works.

You must not:

(a) in any way that:

(i) causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or

(ii) is unlawful, illegal, fraudulent or harmful, or is connected with any unlawful, illegal, fraudulent or harmful purpose or activity;

(b) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(c) to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting);

(d) to transmit or send unsolicited commercial communications; or

(e) for any purposes related to marketing.

(7) User generated content

In these Terms of Use, “your user content” means material (including text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

By submitting user content to our website you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website (at our sole discretion).

Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(8) Limited warranties

We do not warrant the completeness or accuracy of the information published on this website nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

Links or references to other websites are provided for your convenience only. Other websites are not under our control. We have not reviewed them and we do not endorse or assume responsibility for the content of any third party website.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(9) Limitations and exclusions of liability

You agree that we will not be liable for your reliance on any information published on this website.

You also agree that, to the maximum extent permitted by law, we will not be liable in contract, tort (including negligence), statute or otherwise for any damage or loss (whether direct or indirect) arising under these Terms of Use or in relation to the subject matter of these Terms of Use.

In no circumstances will we be liable for:

(a) any loss or corruption of any data, database or software; or

(b) any special, indirect or consequential loss or damage.

Despite these exclusions, if we are found liable to you for any damage or loss that the maximum amount of our liability to you is limited to the amount paid by you (if any) in accessing and using this website.

(10) Indemnity

You indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use.

(11) Breaches of these terms of use

Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use, we may take such action as we deem appropriate to deal with the breach, including suspending or prohibiting your access to the website, blocking your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website or bringing court proceedings against you.

(12) Variation

Changes or updates to the content of this website may occur at any time. We may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of our website from the date of the publication of the revised Terms of Use on our website. Your continued use of our website constitutes your acceptance of our updated Terms of Use. Please check this page regularly to ensure you are familiar with our current Terms of Use.

(13) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and obligations under these Terms of Use.

(14) Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(15) Exclusion of third party rights

These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.

(16) Entire agreement

These Terms of Use and our Privacy Policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(17) Law and jurisdiction

These Terms of Use will be governed by and construed in accordance with New Zealand law, and any disputes relating to these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of New Zealand.

Thanks, and we hope you enjoy this site.

The Rate My Flat Team

Ratemyflat house