Buyers Market - Terms of Service

Revision: v1
Last updated: [DATE]
Effective date: [DATE]

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of the website at buyersmarket.nz and all associated services (collectively, the "Platform") operated by Buyers Market Limited, a company registered in New Zealand ("Buyers Market", "we", "us", "our").

By creating an account, accessing, or using the Platform in any way, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

These Terms are a binding legal agreement between you and Buyers Market Limited under the Contract and Commercial Law Act 2017 (NZ).

2. Eligibility

You may only use the Platform if you:

• Are at least 18 years of age;
• Are legally capable of entering into binding contracts under New Zealand law;
• Are not prohibited from using the Platform under any applicable law or regulation; and
• Provide accurate and complete information when registering.

By using the Platform you represent and warrant that you meet all of the above requirements.

3. Account Registration

3.1 Creating an Account

You may register using an email address and password, or via a supported third-party authentication provider (currently Google). You are responsible for maintaining the confidentiality of your login credentials.

3.2 Account Security

You are responsible for all activity that occurs under your account. You must notify us immediately at [contact@buyersmarket.nz] if you suspect any unauthorised access or security breach.

3.3 Accurate Information

You agree to provide accurate, current, and complete information at registration and to keep it updated. We may suspend or terminate accounts where information is found to be false, misleading, or incomplete.

3.4 One Account per Person

You may not create more than one personal account. Accounts are non-transferable.

4. Description of Services

The Platform provides the following services:

5. Third-Party Data and Attribution

5.1 Data Sources

The property information displayed on the Platform is sourced from authorised third-party providers including, but not limited to:

• Land Information New Zealand (LINZ) - title, parcel, and address data
• New Zealand Territorial Authority councils (31 TAs) - council valuation, rating, zoning, and property records
• National Data for Valuations Register (NDVR) - national valuation data
• GeoNet / GNS Science - earthquake and geological hazard data
• Earthquake-Prone Building (EPB) Register - seismic assessment records
• Statistics New Zealand - census and area unit data
• Various regional and district councils - resource consents, building consents, zoning, hazard layers

We use these data sources under the applicable open data licences, data sharing agreements, or other authorisations granted by those providers. Where required, attribution is provided to the relevant source.

5.2 No Guarantee of Accuracy

While we take reasonable steps to process and present third-party data accurately, we do not control the original source data. The data may be incomplete, out of date, or contain errors. You must not rely solely on information presented on this Platform when making any property-related decision.

5.3 Data Currency

Third-party datasets are updated periodically. The date of the most recent update for a given data source may be displayed where available. We do not guarantee that any displayed information reflects the current state of a property.

5.4 Commercial Use of Data

Unless you have a separate written agreement with us, you may not scrape, bulk-download, resell, or use any data from the Platform for commercial purposes other than your own personal property search and due-diligence activities.

6. Risk Data and Summaries

6.1 Nature of Risk Information

The Platform may display risk scores, summaries, flags, or assessments relating to matters including but not limited to:

• Seismic and earthquake risk
• Flood and coastal hazard zones
• Erosion and land instability
• Contaminated land
• Earthquake-prone building status
• Zoning and planning constraints

6.2 Informational Purposes Only

All risk data and summaries are provided for general informational purposes only. They do not constitute professional advice of any kind, including but not limited to engineering, legal, planning, environmental, or financial advice. Risk indicators are derived from third-party datasets and automated processing and may not reflect the full picture for any individual property.

6.3 Consult Professionals

Before making any decision based on risk or planning information, you should independently verify the information and seek advice from appropriately qualified professionals (e.g., structural engineers, solicitors, resource management planners, registered valuers).

6.4 No Liability for Risk Data

To the maximum extent permitted by law, Buyers Market Limited accepts no liability for any loss or damage arising from your reliance on risk data or summaries displayed on the Platform.

7. Document Marketplace

7.1 Overview

The Document Marketplace allows users ("Contributors") to upload due-diligence documents they have personally obtained for a property (e.g. LIM reports, builders reports, engineers reports, title documents) and list them for purchase by other users ("Buyers"). Document pricing uses a pooled pricing model - the purchase price decreases as more users buy the same document, spreading the original procurement cost across the group.

7.2 Contributor Responsibilities

If you upload a document to the Platform, you represent and warrant that:

• You are the owner of the document or have the legal right to distribute it;
• The document does not infringe any third party's intellectual property, privacy, or other legal rights;
• The document is genuine and unaltered;
• You have not obtained the document by illegal or unauthorised means;
• Uploading and on-selling the document does not breach any confidentiality obligation or professional restriction applicable to you;
• Any personal information contained in the document (e.g. owner names, financial details) is handled in accordance with the Privacy Act 2020 (NZ) and our Privacy Policy.

You indemnify Buyers Market Limited against any claim, loss, or liability arising from a document you upload that breaches any of the above.

7.3 Buyer Responsibilities

When you purchase a document, you acknowledge that:

• The document was produced at a point in time and may be out of date;
• The document was originally obtained and assessed by someone else in different circumstances;
• You should independently verify its contents with qualified professionals before relying on it;
• Purchase grants you a personal, non-transferable licence to view and use the document for your own due-diligence purposes only. You may not resell, redistribute, or republish it.

7.4 No Verification

Buyers Market Limited does not verify, review, or warrant the accuracy, completeness, or authenticity of any user-uploaded document. We are a marketplace platform only. All disputes about document quality or content are between Buyer and Contributor.

7.5 Right to Remove Content

We reserve the right, at our sole discretion, to remove any document or listing that we reasonably believe:

• Infringes any third-party rights;
• Contains inaccurate, misleading, or fraudulent content;
• Breaches these Terms or any applicable law; or
• Is the subject of a legitimate complaint.

8. Payments

8.1 Payment Processor

All payments are processed by Stripe via our payments intermediary. By making a purchase, you also agree to Stripe's Terms of Service and Privacy Policy. We do not store your card or payment details on our servers.

8.2 Currency and Pricing

All prices are displayed in New Zealand Dollars (NZD). [Note: confirm whether prices are GST-inclusive once GST registration status is confirmed.]

8.3 Platform Fee

Buyers Market charges a platform fee of 1% of the transaction sale price, deducted automatically at the time of purchase. The remaining amount (less applicable Stripe processing fees) is credited to the Contributor.

8.4 Pooled Pricing Mechanics

The purchase price for a document decreases automatically as additional users purchase the same document, in accordance with the formula:

Price = max(MinPrice, SourceCost / (N + 1)) + platform fee

where N is the number of prior purchasers. The price displayed at checkout is the price you pay at that moment. Buyers Market does not guarantee any particular price at any particular time.

8.5 Escrow / Group Funding

Users may collectively fund the procurement cost of a document via an escrow pool mechanism. Once the pool reaches the required threshold, the document is unlocked for all contributors. Contributions to an escrow pool are subject to the same payment and refund terms as direct purchases.

9. Refunds

9.1 General Policy

All purchases are final. Given the nature of digital documents, we do not offer refunds except in the following circumstances:

• Technical failure: The document could not be delivered to you due to a technical error on our Platform and the issue cannot be resolved within a reasonable time; or
• Non-delivery: You paid for a document but were never granted access to it due to a fault on our side.

9.2 Requesting a Refund

Refund requests must be submitted to [contact@buyersmarket.nz] within 14 days of the purchase date, with a description of the issue. We will investigate and, if eligible, process refunds within 10 business days.

9.3 Disputes

If you believe a document is materially different from what was described, you should contact us. We may, at our discretion, investigate and take action against the Contributor, but we are not obligated to issue a refund on account of document quality, age, or relevance.

9.4 Consumer Guarantees Act

Nothing in these Terms limits any rights you may have under the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ) to the extent those Acts apply to your use of the Platform.

10. User Conduct

You agree not to:

• Use the Platform for any unlawful purpose;
• Upload, transmit, or share content that is fraudulent, defamatory, offensive, or infringing;
• Attempt to circumvent any access controls, authentication, or security measures;
• Scrape, crawl, or automatically extract data from the Platform without our written consent;
• Impersonate any person or misrepresent your affiliation with any organisation;
• Use the Platform in a way that disrupts, degrades, or interferes with its operation;
• Attempt to access another user's account or data.

We may suspend or terminate your account without notice if we reasonably believe you have breached any of the above.

11. Intellectual Property

11.1 Platform IP

All software, design, trademarks, and original content on the Platform are owned by or licensed to Buyers Market Limited. You may not reproduce, distribute, or create derivative works from any part of the Platform without our express written consent.

11.2 Third-Party Data

Data sourced from third parties (LINZ, councils, GNS, etc.) remains the intellectual property of the respective data providers and is used by us under applicable licences. Your use of that data through the Platform does not grant you any licence beyond what is reasonably necessary for your personal property due-diligence use.

11.3 User Content

By uploading a document or submitting a contribution to the Platform, you grant Buyers Market Limited a non-exclusive, royalty-free, worldwide licence to store, display, and make available that content to other authorised users of the Platform in accordance with these Terms. You retain ownership of your uploaded content.

12. Disclaimer of Warranties

To the maximum extent permitted by New Zealand law, the Platform and all content, data, and services are provided "as is" and "as available" without any warranty of any kind, express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose;
• Accuracy, completeness, or currency of any data;
• Uninterrupted or error-free operation;
• Freedom from viruses or harmful components.

Buyers Market Limited does not warrant that property data, valuations, risk summaries, or any other information on the Platform is accurate, complete, or current.

13. Limitation of Liability

13.1 Exclusion

To the maximum extent permitted by law, Buyers Market Limited and its directors, employees, contractors, and agents will not be liable for any:

• Loss of profits, revenue, or anticipated savings;
• Loss of data;
• Indirect, incidental, special, or consequential loss;
• Any loss arising from your reliance on property data, risk summaries, or user-uploaded documents;
• Loss arising from third-party data errors or omissions.

13.2 Cap on Direct Liability

Where liability cannot be excluded, our total aggregate liability to you in connection with your use of the Platform is limited to the greater of:

• The amount you paid to us in the 12 months prior to the event giving rise to the claim; or
• NZD $100.

13.3 Proportional Liability

Where any liability arises from a combination of our fault and your own act or omission, our liability will be reduced proportionately.

14. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, store, and disclose your personal information in accordance with the Privacy Act 2020 (NZ).

15. Third-Party Links and Integrations

The Platform may contain links to third-party websites, real estate portals (e.g. Trade Me Property, OneRoof, Homes.co.nz), or external services. We are not responsible for the content, accuracy, or practices of any third-party site. A link does not constitute endorsement.

16. Termination

16.1 By You

You may close your account at any time by contacting us at [contact@buyersmarket.nz]. Closure does not entitle you to any refund of purchases made prior to closure.

16.2 By Us

We may suspend or terminate your access at any time, with or without notice, if:

• You breach these Terms;
• We are required to do so by law;
• We reasonably believe your use is fraudulent or harmful; or
• We discontinue the Platform.

16.3 Effect of Termination

On termination, your right to access the Platform ceases. Clauses that by their nature should survive termination (including Sections 6, 7.2, 7.3, 11-13) will survive.

17. Changes to These Terms

We may update these Terms at any time. We will notify you of material changes by email to your registered address or by prominent notice on the Platform. Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform.

18. Governing Law and Disputes

These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand for any dispute arising from these Terms or your use of the Platform.

We encourage you to contact us first to resolve any dispute informally. If we cannot resolve a dispute within 30 days, either party may refer the matter to the New Zealand courts or, where applicable, dispute resolution services available under New Zealand consumer protection law.

19. General

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Buyers Market Limited regarding the Platform and supersede all prior agreements.
• Severability: If any provision is found invalid or unenforceable, the remaining provisions continue in full force.
• No Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign your rights or obligations under these Terms. We may assign ours to a successor entity.

20. Contact Us

Buyers Market Limited
Lower Hutt, New Zealand
Email: [contact@buyersmarket.nz]
Website: buyersmarket.nz