THE PROPERTY COACH WEBSITE: TERMS OF USE
November 2020
The Property Coach (in this document now also known as “TPC” website) website and related services (“Site”) is owned and managed by Andrew Thiele (“TPC” or “we” or “us”). The “Site” also includes any version of this Site or its content that is published by our partners or any other medium approved by us. These Terms of use (“Terms”) govern your access to and use of the Site, so please read them carefully. Your access to and continued use of the Site signifies your acceptance of and is conditional upon your continued acceptance of and compliance with these Terms and also our Privacy Policy, as well as your compliance with any applicable laws and/or regulations. You may not use the Site if you do not agree to the version of the Terms posted here at the time you access the Site. Please feel free to print these terms for your reference.
General
The content and material that appears on the Site is provided for information purposes only. Despite our efforts to provide useful and accurate information errors may appear from time to time. As are result, we recommend you should investigate further any information yourself, especially that which is important to any purchasing decision. We are not responsible for and in no way guarantee the accuracy of any content, feedback or any other information that forms part of this Site. You are free to browse the Site for both personal & commercial use. Any reproduction of the content of this site is strictly prohibited. Further, you may not use the Site to solicit or advertise in any manner.
Privacy
Your use of the Site and its materials may involve the transmission of your Personal Information. Our policy regarding how we collect and use that information is described in our Privacy Policy. Your access to and continued use of the Site signifies your acceptance of this policy also.
Content
All content on the Site and/or otherwise distributed including ratings, text, graphics, logos and image and how that content is arranged is the exclusive property of TPC and is protected by any applicable copyright and trademark laws. Content also includes any feedback and information provided to us, by you and others. All rights reserved. You may not download, display, reproduce, create derivative work from, transmit, sell, distribute, or in any way exploit any content made available through the Site, for any public and/or commercial use without the written prior consent of TPC.
Third Party Links
The Site may contain links to or otherwise allow connections to third-party websites, products, or services that are not owned or controlled by TPC. You agree that we are not responsible or liable for the content, policies or practices of any third-party websites or for any non- TPC products or services. We suggest you consult any applicable terms of use and privacy policies provided by these third parties.
Limitation of Liability
To the maximum extent permitted by law TPC will not under any circumstances be liable under the law of tort, contract or otherwise for any monetary sum, including without limitation loss of profits, for any direct, indirect or consequential loss or damage, however caused, relating to or in connection with the Site including its content, any services provided by third parties, or these terms & conditions. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all reviews, opinions, advice, services and other Content provided on the Site. You agree that access to the Site is provided on an “as is” basis. If you are dissatisfied with the Site or its content, your sole and exclusive remedy is to discontinue using the Site. Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your use of the Site and its content. Under no circumstances shall TPC or its affiliates, or their respective directors, officers, employees and agents, or any third-party supplier, provider, or licensor, including any provider of Content, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Site, even if advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the Site and its Content.
Intellectual Property
TPC owns all intellectual property rights in and to the Site, including any modifications to the Site made at your request or suggestion. You do not receive or acquire any rights to patents, copyright, trade secrets, trademarks or any other rights or licences to the Site or its content through the usage of the Site.
No warranties
All warranties, express or implied, including but not limited to fitness for purpose of the Site, are excluded to the maximum extent permitted by law. Further, TPC does not make any warranty that the Site, or any content or information made available from it, will be error free, without interruption or delay or free from defects.
Indemnity
By using the Site, you shall indemnify TPC against any and all direct, indirect and consequential damages, losses, claims, costs (including legal costs), expenses, actions, demands, liabilities or proceedings whatsoever incurred by TPC in respect of any claim by a third party arising from or connected to any breach or alleged breach by you of your obligations under these terms.
Amendments to these terms
TPC may amend these terms & any policies related to the Site, at any time. Your continued use of the Site following those changes will constitute acceptance of those amended terms & conditions. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of TPC in providing the Site is to stop using the Site and to terminate your account, if applicable.
Site
TPC reserves the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of access to any area of the Site. TPC may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Termination
TPC reserves the right to restrict, suspend or terminate your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If TPC terminates your access or use of the Site based on a breach by you of these Terms, TPC reserves the right to refuse to provide access to the Site to you in the future.
Severability
Any unlawful or voidable provision in these terms shall be read down so as to be valid and enforceable or, if it cannot be read down, will be severed from these terms & conditions without affecting the validity, legality or enforceability of the remaining provisions, provided the reading down or severing does not materially affect the purpose of or frustrate these terms & conditions.
Governing law and jurisdiction
These terms shall be construed and take effect in accordance with the laws of New Zealand and are subject to the non-exclusive jurisdiction of the courts of New Zealand.
Enforcement
Failure to enforce any provision in these Terms does not constitute TPC waiving that provision or right.
Entire Agreement
These terms constitute the entire agreement between you and TPC in relation to the subject matter of this agreement. Any prior arrangement, agreements, representations or undertakings are superseded and extinguished.