Website Terms of Use

Agreement and application

These terms of use (Terms) govern all users' (you or your) use of The Ownery Limited's (The Ownery, us and our) website (Website). By accessing the Website, you agree to be bound by these Terms. If at any time you do not agree to these Terms, please discontinue using the Website.

Updates

These Terms may be updated or amended from time to time with or without notice to you. If you continue to use the Website after any changes or amendments have been made you will be deemed to have agreed to those changes or amendments.

Privacy

The Ownery will comply with its Privacy Policy, which can be accessed here. You accept and agree to this policy by using our Website. This policy covers the collection, holding and management of your personal information.

Person

The services offered by us (Services) are not available to:

  • any person who is not qualified to set up an account with us (Account); or
  • any person who has been suspended or barred from using our Website for any reason.

Accuracy of registration information

You agree to provide true, accurate and complete information about yourself when applying to become a member of The Ownery.

We have the right to suspend or terminate your Account, and prohibit you from all current or future use of the Website and Services, if:

  • you provide any information that is, or becomes, untrue, inaccurate or incomplete; or
  • we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete.

Security

You accept sole responsibility for keeping your login and password details and Account information secure and confidential. You also agree to accept responsibility for all activities occurring under your Account.

If you experience any unauthorised use or access of your Account or any other breach of security, please notify us immediately. In these circumstances, we reserve the right to take any action we deem appropriate in respect of your Account.

Cancellation of your Account

You may cancel your Account at any time. This will result in the deactivation of your Account.

Links

We may include on our Website links to external websites or resources. We do not endorse the sites or resources to which we provide links from our Website. In addition, we accept no responsibility or liability in relation to any other websites or resources. You access these websites at your own risk.

No illegal or malicious use

We may include on our Website links to external websites or resources. We do not endorse the sites or resources to which we provide links from our Website. In addition, we accept no responsibility or liability in relation to any other websites or resources. You access these websites at your own risk.

Copyright

The Website consists of copyrighted content and material, underlying code and software (Website Content), which you agree is the intellectual property of The Ownery. At any time, the Website Content includes video clips, sound clips, text, graphics, logos, images, icons and data.

In using the Website, you are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of, or using any of the Website Content for commercial or public purposes, unless otherwise consented to by us on the Website or unless we have given you express written consent to do so.

Branding

You may not publish or use The Ownery's brand, branding or logos except with our prior written consent.

Disclaimers

You use the Website and its content at your own risk.

We make no warranty or representation that:

  • the Website will meet your requirements;
  • that it will be of satisfactory quality;
  • that it will be fit for a particular purpose;
  • that it will not infringe the rights of third parties;
  • that it will be compatible with all systems; or
  • that it will be secure or that all information provided will be accurate.

We make no guarantee of any specific results from the use of the Website.

No part of this Website is intended to constitute advice, and the content of this Website should not be relied upon when making any decisions or taking any action of any kind.

We endeavour to ensure that the Website is secure, however we do not warrant or guarantee that the site is free of:

  • viruses;
  • malicious computer code; or
  • other forms of interference that may damage your computer or any other device.

We also do not guarantee that access to this site will be uninterrupted, timely or secure.

Your use of the Website and Services may be subject to delay or interruption. We accept no liability for any disruption or non-availability of the Website resulting from causes beyond our control including, but not limited to:

  • ISP equipment failure;
  • host equipment failure;
  • communications network failure;
  • power failure;
  • natural events; or
  • legal restrictions and censorship.

Limitation of liability

You agree that, to the maximum extent permitted by law, The Ownery and its affiliates, officers, employees, agents and partners shall not in any way be liable to you for any loss or damage of any nature arising from your use of the Website (or any information contained in it) or the Services.

Indemnity

You agree to indemnify and hold us (and our officers, directors, agents and employees) harmless from any claim or demand, including reasonable legal fees, arising out of or related to your breach of these Terms or any law or the rights of a third party.

Electronic communications

You consent to receiving communication from us electronically and you agree that all agreements, notices and disclosures satisfy any legal requirement that such communication be in writing. You agree for the purposes of the Electronic Transactions Act 2002 to be bound by any agreement reached through electronic means.

No waiver

If we do not exercise or enforce any right available to us under these Terms, it does not in any way constitute a waiver of those rights.

Severability

If any provision of these Terms becomes or is held to be invalid, unenforceable or illegal for any reason, that provision shall be severed from the remaining provisions, which shall continue in full force and effect.

Governing law

These Terms shall be governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.

Communication

If you have any questions or concerns relating to these Terms, please contact us at PO Box 33-158, Takapuna, Auckland 0740.

What is a Company Constitution?

Each HouseShare™ Company has its own set of rules which governs how it is to be managed and sets out the rights of its shares holders. Each HouseShare™ Company will have a director who is responsible for the running of that company according to its constitution.

What are HouseShares?

HouseShares is the name we have for shares in a company that owns a single house. When you buy HouseShares, you're effectively buying a share of the house it owns.

What is a HouseShare™ Manager?

Each HouseShare™ Company is required to appoint a professional manager to administer the company and select and manage its property. HouseShare Management Ltd is a company set up specifically to provide these services. HouseShare Management Ltd and The Ownery share the same owners.

Guaranteed to be fully funded?

Someone has committed to buying any remaining shares at the end of the offer, meaning the house will be purchased and applicants will receive their HouseShares™. (Underwritten).

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