Terms of Use

1. Acceptance of Terms of Use

1.1. By using or by downloading and using the Mobile App You confirm that You accept and agree to these Terms of Use and the Privacy Statement and that You continue to be bound to these Terms of Use and any changes that we may make. We reserve our right to make any changes to these Terms of Use at any time by updating them on our Website.

1.2. You are responsible for ensuring the security of personal information held on Your computer, mobile or other device.

2. Access and Use

2.1. Access to the Mobile App is not guaranteed and We reserve the right to restrict, discontinue change or suspend access to the Mobile App without prior notice for maintenance, operation or technical reasons.

2.2. We authorise You, on a non-exclusive and non-transferable basis to access and use the Mobile App, the Services and the Information for lawful purposes and in a lawful manner, and in accordance with these Terms of Use.

2.3. You agree to:

a) use the Mobile App to access Our Services and Information only and for Your personal and domestic purposes and to transact lawfully;

b) not to re-supply, alter, publicly display or distribute (whether for consideration or otherwise) all or any part of the Information; and

c) not use the Mobile App to make any unauthorised, false or fraudulent transactions or take any action that could interfere with the normal operation of the Mobile App.

3. Your Responsibility

3.1. If You register for the Service, You agree that You shall:

a) To create a User ID and keep that User ID secure;

b) Not permit any other person to use Your User ID, including disclosing or providing it to any other person; and

c) Immediately notify Us if You become aware of any unauthorised use or disclosure of Your User ID by sending an email to support@sought.co.nz .

3.2. You must not use or attempt to damage, interfere or introduce anything (including any virus, worm, spyware or other feature) that in any way compromises the Mobile App or the system underlying or connected to the Website or Service.

4. Payment

4.1. You will pay Us, without set-off, deduction or counterclaim, all application Fees in relation to the use or operation of the Mobile App and Service as notified to You. Fees are subject to change.

4.2. If We fail to collect the Fees to which We are entitled, We do not waive Our rights to collect the Fees.

4.3. If You have nominated an account or credit/debit card You have authorised Us to debit all Fees from that account or credit/debit card. You are responsible for ensuring that funds are available to cover all Fees payable and promptly advise Us of a replacement account or credit/debit card if You do not have available funds.

4.4. All expenses, disbursements and costs incurred by Us in the enforcement of any rights contained in these Terms of Use shall be payable by You, including any legal costs as between solicitor and client (on a full indemnity basis) or debt collection agency fees.

5. Disclaimers

5.1. To the fullest extent permitted by law, We make no warranties (express or implied) and make no representation in relation to the following:

a) The availability of the Mobile App and functions for use, including but not limited to the extent that the Mobile App meets Your intended use and purpose;

b) Inability to access or use the Mobile App due to lack of network coverage of connectivity;

c) Disruptions, defects and technical errors that may occur from time to time in respect of the Mobile App;

d) Exposure to viruses and other harmful elements, any interference which may cause damage to Your computer system or expose You to credit card fraud when accessing an using the Mobile App and/or Website;

e) Third party websites, applications, products and services;

f) That the Mobile App, Information or Service is legal or financial advice. You are responsible for ensuring that you obtain independent legal and/or financial advice.

6. Limitation of liability

6.1. Subject to any claims available under consumer protection laws, We will not be liable for any loss or damage (including direct or indirect loss, or special or consequential loss) arising out of or in connection with the use or inability to use the Mobile App or Website and/or due to a breach in the security of Your computer, mobile phone or other device being used to access the Mobile App or Website.

6.2. The total liability of Us for any loss arising from any defect or non-compliance by Us under these Terms of Use will not in any circumstance exceed the Fees.

6.3. You agree to hold harmless and indemnity Us against any liability (including but not limited to damages, costs, losses, debt collection and legal fees) incurred by Us in connection to the supply of the Mobile App and its functionality, the Information and Service to You.

7. Intellectual Property

7.1. All Intellectual Property rights in respect of the Mobile App, Website, Service and Information is owned by Us. Except to the extent permitted by these Terms of Use, You cannot distribute, use, copy, monitor, modify, store, extract or publish the Intellectual Information.

7.2. We may restrict or block Your access to and use of the Mobile App and Website at any time if We reasonably believe that You have breached Your obligations in clause 7.1 above.

8. Privacy

8.1. You agree that We may collect, use and disclosure Your personal information in accordance with the Privacy Statement and these Terms of Use.

8.2. We may collect and use Your personal information (including any personal information We may collection or obtain from third parties about You) for credit, administration, improving Our Service and/or Mobile App, statistical analysis and/or marketing purposes. You have the right of access to, and to ask for correction of, Your personal information.

8.3. Any privacy information You may provide Us will comply with the Privacy Act 1993. Our Privacy Statement (as updated from time to time) shall apply to Your personal information.

8.4. You agree that We may disclose any of Your personal information to third parties as identified in Our Privacy Statement.

9. Termination

9.1. We reserve Our right to immediately and without prior notice terminate these Terms of Use (including any unperformed obligations by Us) where We consider at Our sole discretion that You have breached these Terms of Use or otherwise where We reasonably consider it appropriate to do so.

9.2. Upon termination all monies owing to Us shall be payable immediately and You will immediately cease to use the Intellectual Property and the Mobile App, Information and Service.

10. General

10.1. Severability: If any provisions in these Terms of Use shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

10.2. Governing Law: These Terms of Use shall be governed by the laws of New Zealand and are subject to the non-exclusive jurisdiction of the courts of New Zealand.

10.3. Assignment: We may assign all or any part of its right and obligations without the requirement to obtain Your prior approval.

10.4. Wavier: failure by Us to enforce any provision of these Terms of Use shall not be treated as a wavier of that provision, nor shall it affect the Our right to subsequently enforce that provision.

10.5. Notices: all notices and other communication required or permitted under these Terms of Use must be in writing and delivered personally, sent by e-mail, sent by registered post (within New Zealand). Any such notice will be deemed given when so delivered personally on delivery, if sent by prepaid post on the second Working Day after the date of posting at the last known address of the recipient party and in the case of an email when sent to the recipient parties last known email address at the time specified in the transmission which was not returned by an undeliverable or as containing any error.

10.6. Survival: any indemnity, protection of intellectual property or any obligation of confidence under these Terms of Use is independent and survives termination of these Terms of Use. Any other term by its nature intended to survive termination of these Terms of Use survives termination.

11. Definitions

11.1. In these Terms of Use the following words and expressions have the following meanings, unless otherwise specified: “Fees” means the fees and any associated costs set by Us for the use and access of the Mobile App, Service and/or Information as set by Us from time to time. All Fees are exclusive of GST. “GST” means goods and services tax at the rate imposed under the Goods and Services Act 1985. “Information” means any information or data made available via the Mobile App or Website Intellectual Property means all of Our interest in all logos, trademarks (whether registered or unregistered), service marks, applications, designs, licences, inventions and technical information, technical data, software (including source and object code), confidential information, technology, processes, concepts, ideas, moral rights, discoveries, techniques, specifications, formulae and other know-how, trade secrets on

Our Website and Mobile App.

“Privacy Statement” means the Privacy Statement that can be located when accessing the Mobile App via the app store or at

Our Website. Service means the services made available to You via the Mobile

App. “Terms of Use” means this contract and any changes that We may make from time to time.

“Us” and “We” and “Our” means Sought Limited. “User ID” means a unique username and/or password “Website” means Our website at www.sought.co.nz Working Days has the corresponding meaning the Property Law Act 2007. “You” and “Your” means the person accessing or suing the Mobile App, Website, the Service and/or Information.