Terms & Conditions – The Private Sale Company Limited

Please read these Terms and Conditions carefully before using our website, www.theprivatesalecompany.co.nz (“Website”) and Services. These Terms and Conditions govern your access to, and use of the Website and Services provided by The Private Sale Company Limited (“we,” “us,” or “our”). By accessing or using our Website and Services, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must not access or use our Website and Services.

1. Service Description

The Private Sale Company Limited operates as a marketing service provider, enabling homeowners in New Zealand (“Sellers”) to sell their own homes privately. We are not real estate agents and do not act as intermediaries in property transactions. We do not represent property buyers or sellers, and any property transactions advertised on the Website are not conducted through us. Our services include providing advertising platforms, property listings, and marketing tools to Sellers to promote their properties to potential buyers (“Services”). 

2. User Eligibility

Our Website and Services are available to individuals who are at least 18 years old and capable of entering into legally binding agreements. By accessing and using our Website and Services, you represent and warrant that you meet these eligibility requirements.

3. User Obligations

1. Sellers: If you choose to use our Website and Services as a Seller, you acknowledge and agree to the following:

• You are the legal owner of the property you are listing or have the necessary authorization from the owner to sell the property.
• The property you are listing must be located in New Zealand. 
• You will provide accurate, current, and complete information about the property in your listings, including but not limited to descriptions, photos, and pricing.
• You are solely responsible for complying with all applicable laws and regulations related to the sale of your property.
• You understand and accept that any agreements or negotiations with potential buyers are conducted directly between you and the buyer at your own risk, and we are not responsible for any disputes or issues arising from these interactions.
• You grant us permission to display your property listing(s), including the purchase price, on our Website and other marketing channels we deem appropriate.
• We are not acting as your real estate agent. You are responsible for marketing and selling your own property. 

1. Buyers: If you are a potential buyer using our Website, you understand and acknowledge that we are not acting as your real estate agent and that we do not guarantee the accuracy or availability of any property information or listings. Any interactions or agreements between you and the Seller are conducted directly and independently at your own risk. 

4. Fees and Payments

1. Our Services may be subject to fees, which will be clearly indicated on our Website or will be provided separately upon request. By using our Services, you agree to pay the applicable fees as specified.
2. All fees are non-refundable unless otherwise specified in our refund policy or required by applicable law.

5. Intellectual Property

1. You acknowledge that our Website and all its contents, including but not limited to text, graphics, logos, images, and software, are protected by intellectual property laws and are the exclusive property of The Private Sale Company Limited or our licensors.
2. You must ensure that any information, documents, photos, or other materials you provide to us or share with other users (“Your Materials”):
   1. Do not infringe upon the intellectual property rights, privacy, or other rights of any person. 
   2. Are legal and non-offensive.
   3. Warrant that you have all necessary rights and permissions to provide Your Materials to us for use and publication.

We reserve the right to remove any of Your Materials from our Website if we determine that you have breached these Terms and Conditions. 

1. You may not reproduce, distribute, modify, or create derivative works of any part of our Website or its contents without our prior written consent.

6. Disclaimer and Limitation of Liability

1. We strive to provide accurate and reliable information and services. However, we make no warranties or representations regarding the accuracy, completeness, or reliability of any information provided on our Website.
2. To the maximum extent permitted by law, we disclaim any and all liability for any direct, indirect, incidental, consequential, loss or damages arising from or in connection with the use of our Website or Services.
3. We do not guarantee the security, reliability, absence of defects, errors, or viruses, or uninterrupted availability (including speed) of the website. This is because the website relies on software, systems, and networks that are not owned or controlled by us. Your use of the website is at your own risk.
4. We do not provide any warranty or guarantee regarding the outcome of a property sale. 
5. Third parties may offer services through the Website periodically. These services are provided by the respective third parties, and we do not assume any responsibility or liability for these services, to the extent permitted by law.
6. To the maximum extent permitted by law, our total liability to you under any and all claims arising directly or indirectly from your use of the Website, its content, or the Services will not exceed the sum of NZ$100.00.
7. You agree to indemnify us against any and all liability, losses, damages, costs, and expenses awarded against us or incurred by us due to your use of the Website, its content, or the Services, or any breach of these Terms and Conditions by you.

7. Privacy

1. We respect your privacy and handle your personal information in accordance with our Privacy Policy. By using our Website and Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
2. You acknowledge and agree that the transmission of data or information over the internet is not completely secure. While we take reasonable measures to protect your personal information, we cannot guarantee the security of any information transmitted to or from our Website.
3. By subscribing to our newsletters, you agree to receive emails and other promotional information related to us or third parties featured on our Website from time to time. You can choose to unsubscribe from the newsletter service by using the provided unsubscribe facility link in the newsletters.

8. Termination

We reserve the right to terminate or suspend your access to our Website and Services or modify the contents of your listing or withdraw listings from the Website, with or without cause, at any time and without prior notice. Upon termination, you must immediately cease using our Website and Services.

9. Amendments

We may update or modify these Terms and Conditions from time to time. Any changes will be effective immediately upon posting the revised Terms and Conditions on our Website. Your continued use of our Website and Services after the posting of any changes constitutes your acceptance of those changes.

10. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by, and construed in accordance with, New Zealand law. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of all matters arising out of or in connection with these Terms and Conditions. 

11. Contact Information

If you have any questions or concerns regarding these Terms and Conditions, our Website, or our Services, please contact us at theprivatesalecompany@gmail.com.