These terms and conditions are issued by Barbican Publishing Limited trading as Hometopia ("Hometopia") and cover the use of our website http://www.hometopia.co.nz. By using our website you agree to these terms and conditions. You can refer to our current terms and conditions at any time from the link at the bottom of any page of our website. Please read these terms and conditions carefully.
1. Website Content and Availability
Our website is intended to provide general information (rather than specific or personalised advice) about buying and selling a home in New Zealand.
While we endeavour to ensure that the information on this site is accurate, the information may have been sourced or derived from others. Accordingly, there is a risk that material on this site may be out-of-date, and we do not warrant the accuracy or completeness of the material on this site.
You should not rely upon the content on or accessed through this site. You should instead seek personalised advice from appropriately qualified professionals.
Hometopia does not accept any liability or responsibility, direct or indirect, for any loss or damage which may result, directly or indirectly, from your use of this site or any of its content.
To the extent permitted by law, Hometopia makes no representations, warranties or guarantees, express or implied, in relation to the accuracy, security, or availability of this website or any other website.
We reserve the right to make changes to the content on this site, or the availability of this site, at any time and without notice.
2. Third Party Links
Please note that this site has some hyperlinks to third party websites. These links are provided for your convenience and do not imply that Hometopia checks, approves or endorses the third party site. Hometopia does not control and is not responsible for the availability of these links, the content on third party sites, or their privacy principles, and we will not be liable for any loss or damage that may arise from your use of them.
We have structured this site so that, in general, you can visit this site without identifying yourself or revealing any personal information.
You do not have to provide personal information to access this site, but if you do not provide certain personal information, then you may not be able to access some of the areas and facilities of this site.
If you choose to provide us with personal information when using this website or in some other manner, we will only store, use or disclose that information for certain purposes, which include the following:
- to manage your registration in respect of this site (if applicable);
- to analyse your use of this site to ensure that content from this site is presented in the most effective manner for you and your computer;
- to monitor and/or keep records of our email communications and other correspondence with you. If you send us correspondence that contains personal information, we may use that information to address the nature and purposes of the correspondence;
- to provide you with customer service, and to address any complaints you may have;
- to provide promotional information and/or newsletters or to provide you with other information you have opted to receive;
- in order to prevent illegal activity that threatens our computer systems or networks; and
- in order to comply with any applicable laws and/or regulations,
and you consent to the collection, use and disclosure for those purposes and any reasonable related purpose.
We may share your personal information with certain service providers who provide services for us or perform administrative or marketing activities on our behalf, or who develop, host or maintain this site. We will otherwise not provide your personal information to third parties unless we have your consent to do so or such disclosure is required by law.
You can ask to access and review the personal information we hold about you. You can also ask us to update or correct any personal information we hold about you. Any such requests may be directed to us at the email address provided below.
All personal information that we hold about you will be collected, held, used and disclosed in accordance with all applicable privacy laws.
4. Your access to our service
Other than connecting to this site by HTTP requests using a web browser, you may not attempt to gain access to our website servers by any means. You agree not to disrupt, modify or interfere with our website or services and their associated software, hardware and servers in any way.
You also agree not to modify or otherwise use any content or service on this site for public, commercial or business purposes.
Furthermore, you agree not to use this site in any inappropriate or unlawful way.
5. Intellectual Property
Hometopia owns, or is permitted to use, all copyright and other intellectual property in this site and in the material published on it. Everything on this site, unless otherwise stated, is copyrighted.
You may not copy or display for redistribution to third parties, or for commercial or business purposes, any portion of this site without the express permission of Hometopia, and any such use may constitute an infringement of the owner’s rights.
"Hometopia" is a New Zealand-registered trade mark.
This website and these terms and conditions are governed by, and are to be interpreted in accordance with, the laws of New Zealand. You agree that the courts of New Zealand will have non-exclusive jurisdiction.
7. Hometopia Agent Marketing
The service is for a fixed 12 month term, unless specified otherwise in writing, commencing from the day the first payment is received. The agent commits and contracts to make 12 consecutive monthly payments, or an upfront, full annual payment for the whole period. If the agent terminates the service, for any reason, before the term's expiry date, they will be required to pay the remaining balance of the fee.
Hometopia agrees to provide a platform on its website, within selected Auckland suburbs and elsewhere, where the contracted agent can promote themselves as Suburb Specialists, to visitors who may require a listing agent to market their property. Representations made are by the contracted agent and not by Hometopia.
Hometopia will endeavour to introduce third party home sellers to contracted agents as specified and may, by agreement, reimburse agents who have provided an exclusive discounted sales fee for the first vendor listing provided. The contracted agent agrees to offer the same exclusive discounted fee to other home sellers introduced by Hometopia throughout the term but Hometopia will not be required to make reimbursements to compensate for these further discounts. If the contracted agent is paying for the service on a monthly basis, any fee reimbursement will not take place until 6 consecutive monthly payments have been made.
The relationship regarding the sales listing is between the agent and the vendor and Hometopia cannot be responsible for any losses incurred directly or indirectly by either party.
8. Changes to our Terms and Conditions
Hometopia reserves the right to alter, modify or update these terms and conditions at any time and without notice. Please do not make any assumption that these same terms and conditions will apply to your future use of this site. We recommend you regularly visit our site and check whether these terms and conditions have changed.
If you do not agree with any of these terms or conditions (including as altered, modified or updated) you must not continue to use this site.
This website is owned and operated by Barbican Publishing Limited trading as Hometopia, a company registered in New Zealand under company number 947246.
During office hours you may contact us by phone on +64 9 524 5922.
Alternatively you may contact us at any time by email to [email protected]