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Property Account terms & conditions

  1. Agreement: These are the terms on which Trade Me Limited (“we”, “us”, “Trade Me”) offers our Trade Me Property listing and marketing products, packages and services to approved Trade Me property accounts (“Products”). These terms apply where you have an agreement with us which incorporates these terms (“Relationship Agreement”); or, if you don’t have a Relationship Agreement with us, then by opening a property account and/or using our Products you, agree to these terms, (in either case “you”, “your”). In these terms “Agreement” means these terms together with your Relationship Agreement (if any). If there is any conflict between these terms and any terms of your Relationship Agreement, the terms in your Relationship Agreement will take precedence.

  2. Term: This Agreement will commence when you sign your Relationship Agreement or, if you do not have a Relationship Agreement, when you first accept this Agreement, open a Trade Me property account or start using our Products (whichever is earlier), and remains in force until it is terminated or varied in accordance with its terms.  
  3. Being an Agent: You warrant that you, and any employees, agents, directors or representatives who carry out ‘real estate agency work’ (as that term is defined in the Real Estate Agents Act 2008) on your behalf or in connection with your business (“Agents”), are and will during the term of this Agreement remain legally entitled to carry out real estate agency work under the Real Estate Agents Act 2008, for example by being a licensed agent under that Act.  

  4. Responsible use: While advertising on Trade Me you must:
    1. only list in categories you are legally allowed to market;
    2. only list properties and businesses that you are actively managing and that you are responsible for marketing or selling;
    3. not on-sell discounts that you receive from us, or allow any property manager or Agent not working for the relevant office to list via that office’s account; and
    4. not display a URL of a website that competes with us within a property or business listing, unless previously agreed in writing with us.

  5. Fees: 
    1. You agree to pay us the fees applicable to the Products applied to the listings on your property account. The fees can be found here.
    2. Trade Me may amend the fees at any time, but will provide you with at least 30 days’ written notice of any fee changes. 

  6. Responsibility: You are responsible for any action taken through your property account (including listings that are uploaded via API), and it is your responsibility to manage who has access to your property account. We are entitled to rely on instructions we receive from any person acting, or purporting to act, on your behalf. 

  7. Invoicing: We’ll invoice you monthly and payment is due and payable on the 20th of the month following the invoice date. If you wish to dispute an invoice you must do so, in writing, within 10 working days of the invoice date. We will consider any issues raised and act in good faith to reach a resolution with you. You will pay any undisputed amount on the due date for payment.  

  8. Late Payment: If payment is not received by the due date, or you’re otherwise in debt to us under this Agreement or any other, we may take action that we consider appropriate. For example, we may:
    1. suspend or terminate your access to our services;
    2. charge interest on outstanding amounts not paid by the due date at a rate that is 2 percentage points greater than our bank's unarranged overdraft interest rate, starting from the due date of the unpaid invoice;
    3. set-off any amount you owe us against any amount that may be due from us to you (under any agreement); or
    4. pass your account onto a debt collection agency. You agree that any costs incurred in the collection process, including legal fees, can be on-charged to your account.

  9. Credit information: You agree that Trade Me may conduct a credit check on you, and may collect and hold information about you, which may be passed on to a credit reporting agency for the purpose of conducting a credit check.

  10. Upload: You must upload listings manually or ensure that you (or your software provider) uploads listings via our Application Program Interface (“API”). Use of our API must be in accordance with the published API Terms and Conditions.

  11. Location: You agree to give us at least 10 working days’ notice of a change in the physical location of any of your offices or the establishment of a new branch or satellite office. 

  12. User experience: A quality user experience is important to both of us. That’s why:
    1. all listings must have at least three photographs, some narrative description, and be accurate and legally compliant;
    2. we may withdraw a listing that isn’t listed in the most relevant category or does not meet our minimum quality requirements (as determined at our discretion);
    3. we may remove your listings if you list a property or business that isn’t representative of an actual property or business, or if you list a property or business that has already been rented or sold (as relevant);
    4. you agree not to re-list properties or businesses in order to artificially elevate a listing’s presence on any of our websites and apps;
    5. each listing must only represent one property for rent or lease or one property or business for sale (as applicable);
    6. where an expected sale price (“ESP") is provided for a listing the ESP must be accurate and realistically reflect the then current market conditions and we may request further information about the ESP, if we need to; and
    7. you agree Trade Me retains full control over the makeup, look and feel of the user experience on our website and apps, including the display of listings where your branding (if any) is positioned.

  13. Emails, etc: We may send you (and your Agents or property managers who list via this Agreement) regular newsletters, SMS messages and emails promoting and marketing Trade Me Property Products to you (“Messages”). Depending on the type of Message (e.g. some Messages about your account may be excluded), our Messages will generally have an “unsubscribe” option to allow you to stop receiving similar Messages.

  14. Partnership Agreement: If you have a Partnership Agreement with Trade Me, the following terms apply:
    1. The Partnership Agreement only applies to the offices named in the Partnership Agreement, even if other offices are owned or managed by you. You acknowledge and agree that we will charge separate fees for any Products used by another branch or office that you run or manage, including a satellite office using the same trading name.
    2. All your listings in categories and/or sub-categories included in your Partnership Agreement will have the agreed Product(s) automatically applied at the tier specified in your Partnership Agreement.
    3. Subject to downgrade thresholds, Product(s) automatically applied by your Partnership Agreement can be removed from a listing or replaced by Product(s) of a lower tier. You can do this by emailing propertyagents@trademe.co.nz directly. Product downgrades are limited to the downgrade threshold for the relevant category set out in your Partnership Agreement. If no downgrade threshold is listed for a category, then the downgrade threshold is 0%, meaning no downgrades are permitted. If you exceed the downgrade threshold (specified in your Partnership Agreement) on average over the course of a three calendar month period, then we may (by notice to you) terminate your Partnership Agreement. 
    4. If you have a Platinum or Platinum Plus Partnership Agreement for the Residential for Sale and New Homes category you will be eligible for Platinum Assist pricing for relevant listings. The relevant Platinum Assist pricing, found here, will be applied to listings with an ESP at the time listing is created that is equal to or below the Platinum Assist threshold amount applicable to your pricing Zone (specified in your Partnership Agreement). If, in our view, the ESP provided for a listing is not accurate in breach of clause 12.6 of this Agreement, we reserve the right not to apply Platinum Assist pricing and we may (by notice to you) terminate your Partnership Agreement.
    5. If you advertise a property (or business) on another promotional platform or media (whether print or online), you agree that you will list that property (or business) on Trade Me Property on the same calendar day that it is advertised elsewhere (or earlier).
    6. Either party may terminate a Partnership Agreement at any time by providing not less than 30 days’ notice in writing, and the Partnership Agreement will terminate effective at the end of the calendar month after expiry of the 30 day notice period.  
    7. If you terminate your Partnership Agreement, or if we terminate your Partnership Agreement under clause 14.3 or for your breach or insolvency, a new Partnership Agreement will not be available for six months following the date of termination. 
    8. If you terminate your Partnership Agreement, or if we terminate your Partnership Agreement under clause 14.3 or clause 14.4 or for your breach or insolvency, a new Partnership Agreement will not be available for six months following the date of termination.
    9. After receiving notification of a change to this Agreement, including the fees, you may terminate your Partnership Agreement by written notice at propertyagents@trademe.co.nz and such notice will take effect at the end of the calendar month in which the termination notice is given.

  15. Liability: You acknowledge the exclusion of liability and the indemnity contained in the Trade Me site terms and conditions and agree that these apply to the Products and are incorporated into this Agreement.

  16. CGA and FTA: You agree the service we provide you under this Agreement is not a service of a kind ordinarily acquired for personal, domestic or household use or consumption, and that you are purchasing the service for the purposes of a business. You understand and agree that the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to the Products or this Agreement, and that this provision is fair and reasonable.

  17. Notice of changes: We may amend this Agreement, including any Relationship Agreement (subject to the express terms of that Relationship Agreement) at any time by giving you no less than 30 days’ written notice.

  18. Account closure: 
    1. If you wish to close your Trade Me Property account, you may do so at any time by giving us notice in writing at propertyagents@trademe.co.nz. 
    2. Subject to clause 14.6, we may terminate this Agreement, and close your Trade Me Property Account, at any time by giving you not less than 30 days’ notice in writing. 
    3. We may terminate this Agreement, and close your Trade Me Property Account, or terminate your Relationship Agreement with us (if any) with immediate effect if you
      1. fail to pay any amount to use by the due date for payment;
      2. breach this Agreement and fail to remedy the breach within 10 days of receiving notice from us requiring that the breach be remedied;
      3. breach this Agreement and the breach cannot be remedied; or
      4. become insolvent, go into liquidation, have a receiver or manager appointed over any of your assets, make any arrangement with your creditors, become subject to any similar insolvency event in any jurisdiction or are otherwise unable to pay your debts as they fall due. 
    4. You will remain responsible for the fees for any Products purchased prior to the date of your account closure. 

  19. Termination of Relationship Agreement: If any Relationship Agreement is terminated or expires, these terms of this Agreement will continue to apply to any purchase of Products after the effective date of termination of the Relationship Agreement.

  20. Assignment: This Agreement must not be assigned without our consent. If you, or your parent business, are subject to a change in the persons who ultimately control you (“Change of Control”), this will be deemed to be an assignment. You must give us at least 10 working days’ advance written notice of a proposed assignment or Change of Control to request our permission for the assignment or Change of Control.

  21. Code of Conduct: We conduct ourselves with integrity and will treat you with respect. We expect the same behaviour from you when engaging with us. We will not tolerate any abuse, threats, harassment, bullying or inappropriate behaviour towards Trade Me staff. If your conduct or that of your staff or representatives is, in our view, unacceptable we will take such steps we consider appropriate in the circumstances. For example, we may: communicate our concerns to you, suspend your access to our services or to certain staff, close your account and terminate this Agreement or your Relationship Agreement, or remove access to certain features, products, or benefits such as the benefits of a Relationship Agreement.

  22. Homes.co.nz:The Products and other services offered to you by Trade Me Property, include products and services of homes.co.nz (which is operated by PropertyNZ Limited, a subsidiary of Trade Me Limited). Where applicable, references in this Agreement to ‘Trade Me’, ‘we’ or ‘us’ include references to homes.co.nz and PropertyNZ Limited. You agree that, for the purposes of the Contracts and Commercial Law Act 2017, your obligations under this Agreement are also enforceable by PropertyNZ Limited. You agree that your agreement is with Trade Me and that you only have a claim against Trade Me in connection with Products.

  23. Trade Me terms: Trade Me site terms and conditions form part of this Agreement and shall (with all necessary modifications) apply so far as is possible to this Agreement. If there is any conflict between the terms of this Agreement and the Trade Me site terms and conditions, the terms of this Agreement will prevail.

  24. Authority: If you are accepting this Agreement on behalf of a company or other legal entity (such as a partnership), you warrant that you are authorised to represent and bind that legal entity to the terms of this Agreement.

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