Terms & Conditions

1.0 Terms Of Use

1.1 The terms of use are the terms on which Room4rent.co.nz offers you access to the Services and the Website. By using and/or visiting the Website you accept these terms of use. If you do not accept these terms of use, you must refrain from using the Website and the Services.

2.0 Use of Website

2.1 Room4rent.co.nz (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website, the Content and the software and other material underlying and forming part of the Services and the Website. Room4rent.co.nz reserves all rights not expressly granted in and to the Website and the Content.

2.2 Room4rent.co.nz hereby grants you permission to access the Website and the content solely for Permitted Uses as set forth in these terms of use. You may not without our prior written permission, in any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or commercialise, copy, or on-sell any information or Content obtained from any part of this Website.

2.3 Room4rent.co.nz reserves the right to discontinue any aspect of the Website at any time.

2.4 You agree not to circumvent, disable or otherwise interfere with security-related features of the Room4rent.co.nz Website or enforce limitations on use of the Website or the content therein.

2.5 You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. You must not use the Website in any way that is intended to or likely to cause harm or bring any form of disrepute to Room4rent.co.nz.

2.6 You must not use the Services or the Website to promote any content for sale outside the Website.

2.7 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Room4rent.co.nz servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Room4rent.co.nz grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Room4rent.co.nz reserves the right to revoke these exceptions either generally or in specific cases. You 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 (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Content.

2.8 You understand that when using the Room4rent.co.nz Website, you will be exposed to content from a variety of sources, and that Room4rent.co.nz is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Room4rent.co.nz with respect thereto, and agree to indemnify and hold Room4rent.co.nz, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

2.9 You agree not to use the Website for any commercial use, without the prior written authorization of Room4rent.co.nz.

2.10 You must only list properties that actually exist, are located within New Zealand and are available for rent and that you are legally entitled to rent out. Your listing must be accurate and complete as to all information about the property including payment terms and availability.

2.11 You must not submit anything that is illegal, offensive, or anything which infringes copyright or other intellectual property rights. You agree that Room4rent.co.nz may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if it considers that you are in breach of this clause.

2.12 Content is not pre-screened by Room4rent.co.nz. Room4rent.co.nz reserves the right to remove any user submitted content that it deems unsuitable or in breach of the terms of use.

2.13 Room4rent.co.nz does not endorse any user content or any opinion, recommendation, or advice expressed therein, and Room4rent.co.nz expressly disclaims any and all liability in connection with user content.

2.14 Room4rent.co.nz does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Room4rent.co.nz will remove any content if properly notified that such content infringes on another's intellectual property rights. Room4rent.co.nz reserves the right to remove content without prior notice.

3.0 Room4rent.co.nz Accounts

3.1 In order to access some features of the Website, you will have to create a Room4rent.co.nz account.

3.2 Creating a Room4rent.co.nz account is free. You may only create an account if you can form a legally binding contract that is enforceable against you. This means, among other things, that you must be 18 years old. By creating an account, you warrant that you can form a legally binding contract.

3.3 You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Room4rent.co.nz immediately of any breach of security or unauthorized use of your account.

3.4 Although Room4rent.co.nz will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Room4rent.co.nz or others due to such unauthorized use.

3.5 Room4rent.co.nz reserves the right to decline to register or to terminate your account without entering into further discussions with you. Without limiting the foregoing, Room4rent.co.nz may terminate your account if a serious complaint or multiple complaints are received about you from other users, if you breach these terms of use, if you impersonate another user, or if we, at our sole discretion, deem your behaviour to be unacceptable. 3.6 Room4rent.co.nz will send you emails relating to your account, and for promoting and marketing other Room4rent.co.nz products and services to you. Room4rent.co.nz may also send regular electronic newsletters to registered users. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

4.0 Disclaimer of Liability

4.1 Your use of the Services and Website is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Room4rent.co.nz disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

4.2 Room4rent.co.nz does not warrant that:

(a) The services provided will be uninterrupted, timely, secure, or error free; or

(b) Any information (including feedback) provided on the Website is error-free or reliable;

4.3 Room4rent.co.nz takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Room4rent.co.nz assumes no responsibility for the corruption of any data or information held by Room4rent.co.nz.

4.4 Transactions and all other contact between you and other users are conducted entirely at your own risk. You agree that Room4rent.co.nz takes no responsibility or liability for any misconduct of any of its users including, without limitation, users that have registered under false pretences or who attempt to defraud you. Room4rent.co.nz gives no undertakings, representations, or warranties in relation to homes or rooms listed on the Website.

4.5 You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including actual legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions or complete a transaction.

4.6 No advice or information that is obtained by you from Room4rent.co.nz or anyone else shall create any warranty by Room4rent.co.nz that is not expressly stated in the terms of use; and

4.7 You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Room4rent.co.nz and its officers, employees and agents to you or any other person under or in connection with these terms of use, or in connection with the Services, Website, another user's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Room4rent.co.nz 's (and its officers, employees and agents’) liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

4.8 Without limiting any other rights and remedies available to Room4rent.co.nz, Room4rent.co.nz may limit your activities on the Website, remove your Content, warn other users of your actions, issue a warning to you, suspend or terminate your account, or refuse to provide our Services to you if you breach these terms of use or where Room4rent.co.nz considers it appropriate.

5.0 Price and Payment

5.1 Room4rent.co.nz charges payment for use of the Website as listed on the fees page. The fees are subject to change by Room4rent.co.nz at its sole discretion from time to time.

5.2 The charges are not refundable except in the circumstances set out on the refund page.

5.3 If you rent out, or enter into an agreement to rent out, a home or a room in a home to any guest who has been introduced to you or to the said home or room by Room4rent.co.nz you agree to pay Room4rent.co.nz the fees payable under these terms.

5.4 All prices exclude GST and any other applicable taxes and duties not expressly included in the price. You agree to pay these items (as applicable) in addition to the price, whether they are imposed before or after your order.

5.5 Payment must be made in cash prior to delivery of your order unless Room4rent.co.nz agrees otherwise in writing. If Room4rent.co.nz allows you credit, payment in full is due within 14 days of the date of invoice. Room4rent.co.nz can impose a credit limit on you at any time, and alter it at Room4rent.co.nz’s sole discretion.

5.6 You must not withhold payment or make any deductions of any nature whether by way of set off (legal, equitable or otherwise), counterclaim or otherwise from any amount you owe Room4rent.co.nz. Any default in payment shall make all money payable by you to Room4rent.co.nz immediately due and Room4rent.co.nz may withhold provision of services until you provide payment of all money payable by you to Room4rent.co.nz.

5.7 If you do not pay any monies owed to Room4rent.co.nz (“the unpaid monies”) within 10 days of the due date, Room4rent.co.nz may charge penalty interest at a rate of 2.5% per calendar month calculated daily on the unpaid monies from the due date until payment in full is made (including after as well as before any Court judgment).

6.0 General

6.1 If Room4rent.co.nz does not exercise or enforce any right available to it under these terms of use, it does not constitute a waiver of those rights.

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

6.3 The laws of New Zealand govern these terms of use. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

6.4 Entire agreement: These terms of use supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms of use.

6.5 Room4rent.co.nz collects personal information about you through your use of the Services and the Website, including:

(a) your registration details; and

(b) information relating to your use of the Website and the content you access.

6.6 You agree that Room4rent.co.nz may use this personal information to assist it to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Room4rent.co.nz products and Services to you, and for any other use that you authorise.

6.7 We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms of use; or protect the rights, property, or safety of Room4rent.co.nz, our users, or others.

6.8 Room4rent.co.nz may amend these terms of use in whole or in part from time to time. Amendments will be effective immediately upon posting of the amended terms of use on this Website. You are responsible for ensuring you are familiar with the latest terms of use. Your continued use of the Services represents your agreement to be bound by the terms of use as amended.

7.0 Definitions

7.1 In these terms of use, unless the context otherwise requires, the following expressions have the meanings set out:

(a) “Guest” means a person who wishes to rent a home or a room in a home.

(b) “Owner” means a property owner or leaseholder who wishes to rent out a home or a room in a home.

(d) “Permitted Uses” means viewing the Website and advertising and entering into rental transactions between Owners and Guests

(e) “Services” means any one or more of the services offered by Room4rent.co.nz from time to time, including providing access to the Website and any other service that Room4rent.co.nz may offer.

(f) “We”, “us” and “our” are a reference to Room4rent.co.nz.

(g) “You” and “your” are a reference to you.

Competition Terms and Conditions

Promotion: These terms and conditions apply to all valid entries made, as described in these terms. The draw will take place on the 1st of August at 12:00pm.

Entry and Eligibility for Prize: To enter the promotion you must create a valid room4rent.co.nz account and either:

a) Publish a valid listing on Room4Rent.co.nz before the draw date of this promotion which complies with all the terms of use of the website.

b) Book and pay for a room/home on Room4Rent.co.nz before the draw date of this promotion in a way which complies with all the terms of use of the website.

To be eligible to win the prize you must hold a valid Room4Rent.co.nz account. You will automatically be entered into the draw upon fulfilling the criteria listed above. You may enter as many times as you like by creating multiple listings or booking multiple rooms which comply with all the terms of this promotion, and the terms of the website.

Acceptance: Entry into this promotion is considered acceptance of these terms and conditions. If you do not agree to these terms, do not enter the promotion. If you wish to publish a listing or book a room but do not wish to enter the promotion, send an email to info@room4rent.co.nz with your username and email address before the draw date, and you will be removed from the promotion. Removing yourself from the promotion will not affect your listing, booking, or room4rent account in any way, it will only mean you cannot win the prize.

Prize: There will be one winner who will receive a prize of one iPod Nano 8GB, valued at NZ$259 on the 18th of January 2010.

Cost of entry: You will not be liable for any extra costs by on top of those payable under the website terms and conditions by entering this promotion.

Winner: The winner of the prize will be the first eligible entry drawn by a representative of Room4Rent.co.nz on the day of entries closing. Employee’s of Room4Rent.co.nz and their families are not eligible for this promotion. Room4Rent.co.nz may also publish your name on our website, newsletter, Facebook and Twitter pages. We will not disclose any other personal information about you.

Notification: The winner will be notified by email, and the email will be sent to the email address which is listed in the users Room4Rent.co.nz account at the time of entries closing. The email notification will occur on the draw date, and the winner has 14 days after this to confirm a shipping address for the prize. If the winner does not respond within the 14 days, another winner will be drawn from the eligible entries. Room4Rent.co.nz cannot be held liable for any loss suffered if the email address of the winner in our database is incorrect or out of date.

No Liability: Room4Rent.co.nz shall not be liable to any person in any way (including, without limitation, in negligence) in relation to this promotion or prize for any loss or damage incurred (including, without limitation, indirect or consequential loss), except for liability that cannot be excluded by law. Room4Rent.co.nz accepts no liability for late or lost entries, or for any delay or technical problems which may result in a failure to enter you into the draw. All decisions of Room4Rent.co.nz are final.

Non Redeemable: The prize is not transferrable and cannot be redeemed for cash. If the advertised prize is not available for any reason, Room4Rent.co.nz reserves the right to substitute the prize for another prize of equal or greater value. The decisions of Room4Rent.co.nz with regard to the prize are final.

Delivery: The winner can expect to receive the prize within 28 days of Room4Rent.co.nz receiving the confirmation of the winners shipping address. Room4Rent.co.nz accepts no liability for any delay in receiving the prize.