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Terms and Conditions

These Terms and Conditions of Service were last updated on 12 February 2018.
This Terms of Use Agreement sets forth the standards of use of www.HighProfiles.nz online services for registered members and users. By using the HighProfiles.nz website (“HighProfiles”) you (the “member” or “user”) agree to these Terms and Conditions. If you do not agree to the Terms and Conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter or update the Terms and Conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the HighProfiles.nz website. Your continued use of the service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. You affirm that you are at least 18 years of age or more or possess legal parental or guardian consent. In either case you are fully competent and able to enter into the affirmations, conditions, obligations, representations, terms and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

1. Description of Service. HighProfiles.nz is providing users with a Real Estate information and marketing service.

2. Disclosure. Data on HighProfiles.nz comes from various publicly available sources, including Auckland Council and Land Information New Zealand (LINZ), licensed for re-use under the Creative Commons Attribution 3.0 New Zealand licence.

3. Disclaimer of Warranties. The site is provided by HighProfiles.nz on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, HighProfiles.nz makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability or otherwise. Information provided by HighProfiles.nz should not be used for making decisions on the sale, purchase or rental of Real Estate, it is recommended to always seek legal advice and perform your own due diligence. HighProfiles.nz shall have no liability for any interruptions in the use of this website. HighProfiles.nz disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

4. Limitation of Liability. HighProfiles.nz shall not be liable for any damages whatsoever, and in particular HighProfiles.nz shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if HighProfies.nz has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations are inapplicable.

5. Indemnification. Members and users agree to indemnify and hold HighProfiles.nz, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising from use of the service, the violation of this Agreement, or infringement by a member or user (or other person using their computer), of any intellectual property or any other right of any person or entity.

6. Member’s Account. All members of the service shall receive a password and an account. Members are entirely responsible for any and all activities that occur under their account, whether authorised or not authorised. Each member agrees to notify HighProfiles.nz of any unauthorised use of the member’s account or any other breach of security known or should be known to the member. The member’s right to use the service is personal to the member. The member agrees not to resell or make any commercial use of the service without the express written consent of HighProfiles.nz.
You understand and agree to the following: (a) If you choose to register, you must submit a valid email address and select a password and user name during the registration process; (b) You are responsible for maintaining the confidentiality of your member name and password, and all uses of your account – whether or not you've authorised such use; (c) You agree to notify HighProfiles immediately of any unauthorised use of your account; and (d) You are at least 18 years of age. HighProfiles will not be held liable for any loss or damage for non-compliance.
In addition, you understand and agree that the content of all users, including your content, will be collected, aggregated and anonymously integrated into HighProfiles. You understand, and agree that, unless expressly stated, HighProfiles in no way controls, verifies, or endorses any of the information contained on or in the HighProfiles service, including links.
Although registration is not required to use the service, if you decide to register for the service, you must complete the HighProfiles registration screen. As part of the registration process for the service, you agree to: (a) provide certain limited information about you as prompted to do so by the service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign-up shall be referred to as registration data ("registration data").
HighProfiles reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. HighProfiles reserves the right to refuse the service to any user.
By agreeing to these Terms, members affirm that they will not register their name to any Real Estate/apartment that does not belong to them, unless they have been granted permission to do so from the owner/vendor. You are fully responsible for any content you post on HighProfiles, and the consequences of any such content. You understand and agree that HighProfiles may review from time to time and delete any content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members. HighProfiles reserves the right to refuse membership to anyone. HighProfiles may terminate your membership and any and all information, communications or postings, at any time, without notice, for conduct that violates this Agreement.
All listings placed on HighProfiles must be actively “on the market”, i.e. for sale or for rent at the time of listing, and may not be re-listed unless they are still actively “on the market”. Any user in breach of these terms can be blocked from using the site indefinitely and lose any right to information held by HighProfiles, at the discretion of the site administrator. If an agent's subscription lapses they will continue to have full benefit of services from their information as soon as they return to being a fully paid subscriber. In the unlikely event that the users account is deleted, either accidentally or by admin, and data is unrecoverable, HighProfiles will not be held responsible.
Marketing services will be made available to agents when development of the features are able to be completed by HighProfiles. A timeframe cannot be given for this and HighProfiles will not be responsible for delays.

7. Modifications and Interruption to Service. HighProfiles.nz reserves the right to modify or discontinue the service with or without notice to members or users. HighProfiles.nz shall not be liable to members, users or any third party should HighProfiles.nz exercise its right to modify or discontinue the service. Members and users acknowledge and accept that HighProfiles.nz does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8. Third-Party Sites. Our website may include links to other sites on the internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster of those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all members and users to review said privacy policies of third-parties’ sites.

9. Disclaimer Regarding Accuracy of Information: Apartment specifications and other information has either been provided by Real Estate agents, vendors, building managers, architects, project managers, Auckland Council or LINZ, or collected from publicly available sources. While HighProfiles makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided.

10. Governing Jurisdiction of the Courts of New Zealand. Our website is operated and provided in New Zealand. As such, we are subject to New Zealand law, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of New Zealand.

11. Compliance with Laws. Members and users assume all knowledge of applicable law and are responsible for compliance with any such laws. Members and users may not use the service in any way that violates applicable regional, national or international laws or regulations, or other government requirements. Members and users further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable regional, national or international laws or regulations.

12. Copyright and Trademark Information. All content included or available on this site, including site design, text, graphics, photography, interfaces, and the selection and arrangements thereof, is ©2018 HighProfiles.nz, with all rights reserved, or is the property of 1SqFoot Media Ltd and/or third parties protected by intellectual property rights.
Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorised officer of HighProfiles.nz is strictly prohibited. Members and users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorised officer of HighProfiles.nz.
HighProfiles.nz™, HighProfiles.co.nz™, HighProfiles.kiwi™ and HighProfiles™ are proprietary marks of 1SqFoot Media Ltd. 1SqFoot Media Ltd’s trademarks may not to be used in connection with any product or service that is not provided by HighProfiles.nz in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HighProfiles.nz. All other trademarks displayed on HighProfiles.nz’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with HighProfiles.nz.

13. Notification of Claimed Copyright Infringement. Pursuant to Sections 92C and 92D of the Copyright Act 1994, notifications of claimed copyright infringement may be made by email to 1SqFoot Media Ltd. Contact us here.

14. Automated Search Systems. HighProfiles.nz retains the right, at our sole discretion, to terminate any accounts involved with automated systems, including but not limited to “robots,” “spiders” and related activities. If any hostnames are used as command and control points for botnets, HighProfiles.nz reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. Notwithstanding the foregoing, HighProfiles grants public search engines permission to use spiders to copy material from the site for the sole purpose of creating publicly available materials via publicly available search engines, but not caches or archives of such materials. HighProfiles reserves the right to revoke these exceptions either generally or in specific cases. Members and users agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. Members and users agree not to solicit, for commercial purposes, any users of the website with respect to their user submissions.

15. Other Terms. If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by HighProfiles.nz, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a member or user. Members and users agree that by accepting this Terms of Use Agreement, they are consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy statement.