Terms of Service
Please read these terms of service ( Terms ) carefully.1. Application of Terms
These Terms apply to your use of the PropUp Platform and Services.
By clicking on the ‘Accept’ button below, you agree to these Terms which will bind you. Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use the PropUp Platform and Services, and you must immediately stop doing so.2. Changes
We may need to change these Terms from time to time to reflect changes in law or best practice or deal with additional features which we introduce. Unless stated otherwise, any change takes immediate effect. We will endeavour to provide you with reasonable notice when we do so by sending a text, notifying of a change when you next start up the app or to your registered email . Your continued use of the Platform following notification by us constitutes your acceptance and agreement to the changed Terms.
These Terms were last updated on December 2021.3. Definitions
In these Terms:
Platform means The PropUp website accessible via www.getpropup.com (or any sub-domain) and the PropUp mobile application and any updates to either.
Services means the services you connect to via the Platform and the content we provide to you through it.
We, us or our means PropUp Group Limited (NZBN 9429048670845) of Address
You means you and any other person on whose behalf you are acting.4. Your privacy
- Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Platform or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- The PropUp Platform is free to download and you can register at no cost. You must complete registration in order to access the Platform. You must notify us if any of the details in your registration changes so that we can keep your information up to date.
- Once you have registered you will be given a user ID.You must keep your user ID secure and not permit any other person to use your user ID, including not disclosing or providing it to any other person.You must immediately notify us if you become aware of any disclosure or unauthorised use of your user ID, by sending an email to firstname.lastname@example.org.
- You may register as a landlord ( Landlord ) or a tenant ( Tenant ) of a leased residential property ( Property ).
- As a Tenant, there is also no cost associated with using the Platform.
- We reserve the right to change the fees, prices and/or pricing structure of our Platform at any time.
- From time to time we may automatically update the Platform and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Platform for these reasons.
- If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform and the Services.
- You must:
- not use the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any operating system;
- not breach any tenancy laws, including but not limited to the regulations of the Residential Tenancies Act 1986, Unit Titles Act 2010 and Building Act 2004;
- not transmit any material that is defamatory, offensive or otherwise objectionable;
- not infringe our intellectual property rights or those of any third party;
- not use the Platform or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running the Platform;
- not send spam or unsolicited messages or other communication including any content that is unlawful, harmful, threatening, abusive, harassing, invasive of another’s privacy, or otherwise objectionable;
- not engage in any other conduct that is improper and brings us or the Platform into disrepute.
- warrant that any information submitted on the Platform or the Services is accurate and complete;
- grant us a royalty-free licence to enable us to use the submitted information in connection with the Platform and the Services;
- warrant that you have all necessary rights and consents to grant the licence in sub-clause (b) above.
- We make reasonable efforts to ensure that the Platform is available to you. However, your access to the Platform may be affected from time to time due to scheduled or unscheduled downtime for maintenance or development, our network capacity, technical issue, or other reasons specified in clause 9.3. If interruptions or errors occur due to circumstances within our control, we will use commercially reasonable efforts to resolve them in a timely manner.
- You acknowledge and agree that we shall have no liability for:
- Your use of the internet to connect to the Platform; and
- The hardware (including virus and malicious software) that you use to access the Platform, and the storage of any of your data associated with the Platform that is stored on your device.
- We may suspend or cancel your access to the Platform, either temporarily or permanently, by providing notice to you if you are abusive towards us, our employees, contractors or any provider of additional services. We may also temporarily limit or suspend access where it is reasonably necessary (including for security, public safety reasons, data protection or other operational reasons), and where practicable we will notify you in advance.
- You must take your own precautions to ensure that how you are accessing the Platform does not expose you to the risk of viruses or other interference which may damage your devices, computer or telecommunications systems. We encourage you to consider installing and using anti-virus and firewall software.
- The Platform and the Services are provided for general information purposes only. They do not offer advice on which you should rely.The Platform and the Services are not intended as a substitute for legal or other advice in respect to the relevant property and tenancy laws and We do not warrant that your use of the Platform and Services will make you compliant with the relevant laws. You should seek legal, property, accounting, tax or other advice required in your particular circumstances, in particular the New Zealand tenancy laws. Although we make reasonable efforts to update the information provided by the Platform and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- We are not liable for any permanent or temporary interruptions in the use of the Platform or the Services. We do not warrant that the Platform or Services will operate error-free or that the Platform is free of computer viruses, malware, or other potentially harmful or intrusive software. Please back-up content and data used in connection with the Platform to protect yourself in case of problems with the Platform or the Services.
- We are not liable for:
- any dispute that arises between you and the other party to your residential tenancies agreement should be dealt with in accordance with that agreement.We will not intervene in the case of disputes between landlords and tenants.; and
- if you are a Landlord, ensuring that you have insurance cover for digital inspections undertaken through the Platform.
- The Platform has not been developed to meet your individual requirements. Please check that the features, facilities and functions of the Platform and the Services meet your requirements before agreeing to these Terms.
- In no event shall we or any of our affiliates be liable for any costs, damages, claims, actual or alleged indirect loss or consequential loss suffered by you, including, but not limited to any loss of profit, savings, business, goodwill or opportunity or loss of publicity arising out of or in connection with your use of the Platform.
- You shall indemnify and hold us harmless from any and against all claims, demands, costs, losses, damages, expenses, demands and liabilities suffered or incurred as a result of a breach by you of these Terms or in connection with, resulting from, or arising out of any and all of your acts or omissions.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation.
- You may cancel a Premium Plan, subject to clause 16.3, or your use and access to the Platform at any time.
- We may end your rights to use and access the Platform and the Services at any time by contacting you if you have breached any of the provisions in these Terms. If what you have done can be put right, we will give you a reasonable opportunity to do so.
- If we end your rights to use the Platform and the Services:
- you must stop all activities authorised by these Terms, including your use of the Platform;
- you must delete or remove the Platform from all devices in your possession; and
- we may cease providing you with access to the Platform and the Services.
- Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 11 (Liability and indemnity) and 14 (Intellectual Property), continue in force.
- You may also be directed to third party services in order to undertake any property service requests (for example, plumbers, electricians and maintenance). We are not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services and you should ensure you read their terms before engaging them to undertake services.
- The Platform or any Service may contain links to other independent sites that are owned and operated by third parties. Such independent sites are not under our control and we are not responsible for, and have not checked and approved their content, terms or their privacy policies. You may also be directed to third party services in order to undertake any property service requests (for example, plumbers, electricians and maintenance). We are not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services and you should ensure you read their terms before engaging them to undertake services.
- All intellectual property rights in the Platform and the Services throughout the world are the property of us, our licensors and other providers of such materials which are protected by applicable laws.
- You have no intellectual property rights in, or to, the Platform or the Services other than the right to use them in accordance with these Terms. You must not engage in any activity through the Platform that infringes or makes unauthorised use of our or another party’s intellectual property rights.
- If we need to contact you, we may do so by email or by posting a notice on the Platform.You agree that this satisfies all legal requirements in relation to written communications.
- We may vary, modify or terminate any feature or part of the Platform from time to time without notice. If you are not happy with any such changes to the Platform and Services, you may cancel in accordance with clause 12.1.
- We are not responsible for events outside our control. If our provision of the Services or support for the Platform or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your Premium Plan with us in accordance with clause 12.1.
- We may transfer our rights and obligations under these Terms to another party. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- These Terms do not give rise to any rights under Part 2 of the Contracts and Commercial Law Act 2017 to enforce any term of these Terms.
- If a dispute arises between us and you, we and you agree to meet and discuss in good faith with the aim of resolving such dispute arising under or in connection with these Terms within five business days of any such dispute being notified.
- These Terms, and any dispute relating to these Terms, the Platform or the Services, are governed by and must be interpreted in accordance with the laws of New Zealand.We and you submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms, the Platform or the Services.
- Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- These Terms set out everything agreed by the parties relating to your use of the Platform and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.The parties have not relied on any representation, warranty or agreement relating to the Platform that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
- A reference in these Terms to dollars or $ means New Zealand dollars and all amounts payable under these Terms are payable in New Zealand dollars.
- An expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency.
The following additional terms apply to use of the Platform and Services by you as a Landlord:
- In relation to your use of the Platform and Services in respect of a Property, you warrant to us that you:
- own the Property; and
- have entered into a legally binding residential tenancy agreement with your Tenant for the Property.
- You agree to immediately notify us if there is a change of ownership of the Property, change of Tenant and/or the residential tenancy agreement referred to above comes to an end.
- The premium plan ( Premium Plan ) is available to Landlords for a monthly fee which is specified on the Platform and is payable as specified in these Terms or as we otherwise notify you ( Premium Fee ).
- You may cancel a Premium Plan at any time by providing us with 30 days’ notice. For the avoidance of doubt, the cancellation of your Premium Plan will not be effective until 30 days after the date we receive the request and you will be charged any Premium Fees incurred during this 30 day period.
- Under the Premium Plan, you appoint and authorise us, and we accept the appointment and authority, to:
- collect all moneys due by your Tenant/s;
- deduct the Premium Fee and any Services Fee from the moneys received from your Tenant/s;
- once moneys from your Tenants/s have cleared in our account and provided you have supplied correct and up to date account details, pay all remaining moneys collected into the account you have provided to us;
- take reasonable enforcement steps to enforce the obligations of your Tenant/s if they fail to pay moneys in accordance with their residential tenancy agreement; and
- if moneys owning under the residential tenancy agreement remains unpaid, take further action to recover the overdue moneys on your behalf.
- You will direct that your Tenant/s make rental payments to us through internet banking unless we agree otherwise with you in writing.
- We will endeavour to ensure that funds are transferred within three working days of us receiving rental payment from your Tenant/s.
- For the avoidance of doubt, nothing in this clause 16 creates an obligation for us to pay any amount to you unless we have received the relevant moneys from your Tenant/s.
- All amounts due under these Terms from you to us shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- You may purchase add-on Services within the Platform ( Services Fee ).Payment of any Services Fee is required before any Services are provided.
- You grant us the right to deduct any Services Fee from the rent payments received from your Tenant/s by us on your behalf. If the balance of rental payments received from your Tenant/s by us on your behalf does to cover the total cost of additional services, then you grant us the right to deduct the balance owing to us from future rent payments until the total fee outstanding has been paid.
The following additional terms apply to use of the Platform and Services by you as a Tenant:
- In relation to your use of the Platform and Services in respect of a Property, you warrant to us that you propose to enter into or have entered into a legally binding residential tenancy agreement with your Landlord for a Property.
- You agree to immediately notify us if there is a change of ownership of the Property and/or the residential tenancy agreement referred to above comes to an end.
- You acknowledge that your Landlord has appointed and authorised us, and we have accepted the appointment and authorisation to:
- collect all moneys due by you to your Landlord;
- take reasonable enforcement steps to enforce the obligations of you to pay moneys in accordance with your residential tenancy agreement; and
- if moneys owning under the residential tenancy agreement remains unpaid, take further action to recover the overdue moneys on your Landlord’s behalf.
- You consent to us conducting all relevant background checks on you in relation to a proposed or legally binding residential tenancy agreement, including, but not limited to, reference and credit checks.