General
These terms and conditions cover all use of FindMyAgent offerings and services. In using the offerings and services of FindMyAgent, you agree to these terms and conditions. These terms and conditions may change from time to time. Any changes to the terms and conditions of FindMyAgent will be immediately posted to FindMyAgent’s website and become effective upon this posting. It is the responsibility of the user of FindMyAgent offerings and services to read and understand the latest terms and conditions.
These terms and conditions are governed by the laws of New Zealand. If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal in any way, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
Services
FindMyAgent acts as a service provider to vendors, recommending an agent or agents for the vendor to meet and to consider as the agent or agents to sell the property or land. There is no cost to the vendor and no obligation to meet or work with any recommended agent or agents.
In addition, FindMyAgent offers complementary Facebook marketing to the Vendor if the property is subsequently listed with a recommended agent or agents. This information is collated using marketing material sourced from the agent’s current advertising. Also, these campaigns direct the user to the agent as the point of contact for any property enquiries. Apart from this Facebook marketing, FindMyAgent does not provide any real estate services.
Our recommended Agent has agreed in advance (before the date of listing) that FindMyAgent will set up a Facebook campaign on behalf of the Agent, using material solely sourced from the agent’s current advertising. Costs incurred are covered by FindMyAgent.
If a vendor enters into a contract or agency agreement with an agent or agents that FindMyAgent has introduced, then that agreement or contract is with the Agent or Agency, not with FindMyAgent. You engage with any Agent at your own risk and in using the services of FindMyAgent, accept that FindMyAgent is not responsible for the fulfilment of the agreement or the timeliness or quality of the agreement. This responsibility lies with the Agent.
If there is any dispute in relation to the agreement entered into between the Vendor and the Real Estate Agent, this matter is between these parties. FindMyAgent has no involvement in any such agreement.
All agent recommendations made by FindMyAgent are made after careful analysis of sales in the area of the vendor’s property or land, and research into agents working in this area. Every care is taken to ensure that FindMyAgent’s recommendations are based on facts. However, we cannot guarantee the completeness, quality or accuracy of data available to us. We also cannot guarantee that the vendor’s property or land will successfully sell. We encourage you to exercise a high standard of care before entering into an agreement with an Agent.
FindMyAgent is free of charge to Vendors, and derives its income from fees payable by agents. By using this service, you understand that a referral fee is charged, but not to the vendor. Agents cannot solicit vendor referrals through FindMyAgent; each recommendation is made using an independent and impartial selection process based on market and agent data at the time of analysis.
By using our service all Agents and Vendors agree not to involve us in any dispute or in the resolution of any dispute that may arise in connection with real estate agency services provided by an Agent.
Intellectual Property
We own all intellectual property rights (including, without limitation, copyright and trademark rights) in all materials displayed or available on any Website belongs to us unless otherwise stated.
As a participating Agent or Vendor you grant us permission to publish any testimonial submitted to us.
You may not modify, copy, distribute, transmit, display, perform, reproduce, adapt, publish, license, create derivative works from, transfer or sell any material contained on any Website, unless explicitly permitted under these terms and conditions or as otherwise agreed with us.
Privacy
Your privacy is paramount to us and we will not disclose your information without your permission.
FindMyAgent may collect, use and disclose your name, email address, property address, mobile phone, and details relating to your property.
FindMyAgent may collect, use and disclose the following information that you supply: name, contact details and property sale details for the following purposes:
- communicating with you relating to your submission through the website or other means (mobile or email used)
- identifying the recommended agent or agents (property address only used)
- engaging an agent or agents once you wish to proceed with that agent (name, mobile, property sale details used)
- establishing a Facebook marketing campaign for your property
- any other matters directly related to our business relationship with you in establishing your needs, recommending an agent or agents, setting up your complementary Facebook marketing and charging of any fees to the Agent
Please note we will never disclose your information apart from the above situations and will never sell nor give your details to any other party.
During the process of finding an agent for you, we will use your email address for any queries or to send you relevant material.
In the future, we may email you from time to time in relation to services that might be of interest to you. Should you wish to opt out, you will have the option to via our email ‘unsubscribe’ button or you can request this by emailing [email protected].
The only information we hold about you is information that you have supplied us through your property details submission either via calling us or via FindMyAgent.co.nz.
You are entitled to request your information at any time and amend it if incorrect.
Liability and Disclaimers
FindMyAgent is provided on an ‘as is where is’ basis, and use of our website is at your sole risk.
Directors, associates, representatives and employees of FindMyAgent are not liable for any
- direct, indirect, consequential, punitive, special or exemplary loss or damages,
- loss of data, income, profits, business, opportunity, reputation, good will, or
- loss of or damage to property, arising out of or in connection with your use or accessing of any Website, notwithstanding that we may have had knowledge of the possibility of such loss or damages, or such loss or damages may have been reasonably foreseeable.
You agree that if we are held responsible for any loss or damages, our total liability to you for all damages, losses and causes of action (whether in tort, contract or otherwise) shall be limited to $2,000NZD
All users of our service, being a current or prospective user (Agent, Vendor or otherwise), agree to indemnify us and keep us indemnified against all damages, costs, losses (including, without limitation, loss of profits), claims and expenses of any kind, whether direct or indirect, which arise from or in connection with your access or use of any Website or any breach of these terms and conditions, whether in tort, contract, equity or otherwise