1. Acceptance of Terms and Conditions
1.1 These Terms and Conditions formally set out your obligations relating to accessing services and the Website and all communications (including email). They highlight that we will do our best to help you have a good experience, but are not responsible for performance of the Service Providers (e.g. Building Inspectors) you find. We also expect everyone to be honest in their dealings.
1.2 By registering or using any service as a Smart Home Buyer Service Provider or User you accept these Terms and Conditions. These Terms and Conditions may be changed or amended at any time at the sole and absolute discretion of Smart Home Buyer. Amendments will be effective immediately upon posting the amended Terms and Conditions on the Website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the Website and services represents your agreement to be bound by the Terms and Conditions as amended from time to time.
2.1 Defined Terms:
In these Terms and Conditions, the following words have the meaning set out below:
‘Smart Home Buyer’ means Second Properties Limited (trading as Smart Home Buyer);
‘Member’ means either a User or Service Provider;
‘Service’s means any services offered by Smart Home Buyer from time to time including but not limited to the quoting services, Service Provider matching, Listing, account servicing, providing a feedback forum, message boards, SMS alerts and any other service that Smart Home Buyer may offer via requests, communications, emails and correspondence made through, on the website or to customers who have used the website from time to time;
‘Service Provider’ is an entity registered on the Website to provide professional quotes and services to Users;
‘Users’ means any consumer who uses Smart Home Buyer to make enquiries about quotes and services provided by a Service Provider. Service Provider may also behave as users when enquiring about quotes or services provided by other Service Providers;
‘We’ and ‘us’ are references to Second Properties Limited (trading as Smart Home Buyer);
‘Listing’: a listing/posting exclusively for the purposes of long-term, short-term or temporary employment/contracting.
‘Website’ means any Smart Home Buyer Website or Mobile Application through which the services are offered;
‘You’ and ‘your’ are references to you.
3. General Rules and Conduct
3.1.1 All requests, communications, emails and correspondence made through Smart Home Buyer, on the website or to customers who have used the website, shall be made in good faith.
3.1.2 All requests, communications, emails and correspondence made through, on the website or to customers who have used the website, must not contain any offensive, insulting, defamatory or inappropriate language. Smart Home Buyer reserves the right to determine what is offensive, insulting, defamatory or inappropriate and to take action against users who use such emails, including the suspension, deactivation and permanent banning of users from the site.
3.1.3 You must not damage, interfere with or harm the Website or services, or any network, or system underlying or connected to them, or attempt to do so.
3.1.4 You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
3.1.5 You must quote in New Zealand Dollars and include GST in the price. All tax obligations are the responsibility of the Service Provider and/or the User (as the parties determine).
3.2 Your Obligations as a Service Provider:
3.2.1 You will only provide quotes to Users that are accurate, current, complete, and include all relevant information about the terms of services and payment terms.
3.2.2 You will only provide a quote for services if such services can be provided.
3.2.3 You agree to your email address and contact details being supplied to the User in respect of a request.
3.2.4 You agree to notify Smart Home Buyer of any quotation accepted by a User.
3.2.5 You agree to pay a fee in order to receive the contact details of Users.
3.2.6 You agree to abide by any promotions, specials or similar offered to Users by Smart Home Buyer, either through the website or a third party.
3.3 Your Obligations as a User:
3.3.1 You must only place a request if you intend to pay for the relevant services.
3.3.2 If you choose to complete a transaction with a Service Provider, you warrant and represent that you have the legal right to enter into and complete the transaction.
3.3.3 You must make full and prompt payment for any services you purchase from a Service Provider.
3.3.4 You agree to your contact details being supplied to Service Providers when you make a request.
3.3.5 You must not post an inquiry with the intention of targeting Service Providers for any other purpose other than completing a specific job. If you would like to target the Smart Home Buyer database of Service Providers or Users for other reasons, including but not limited to (1) recruiting staff, (2) advertising your products, (3) any other reason, then you must contact Smart Home Buyer to discuss other options.
3.3.6 If you are not satisfied with a review that has been placed you may not threaten, coerce or intimidate a user into changing a review. If you believe a review is offensive, insulting, or defamatory please contact Smart Home Buyer.
3.3.7 When awarding a job to a Service Provider you may be required to disclose to Smart Home Buyer the amount that you have been invoiced or quoted by the Service Provider.
4. Access to Website
4.1 Users/Service Providers: You may gain access to Smart Home Buyer services through the Website, and via related communications, emails and correspondence,only through the use of your email address and if required, your chosen username and password. By registering as a User/Service Provider, or submitting a job request, you warrant that you can form a legally binding contract with us under these Terms and Conditions.
4.2 Breach of Security: If you have any reason to believe that the security of your password has been compromised you shall take all steps to change it on the Website. You shall remain liable for any unauthorised use of the Website until the change is effected.
4.3 Security of Your Login Information: You are responsible for keeping your log in information, including your email address, username and password, secret and secure, including (but not limited to), you agree:
4.3.1 not to permit any other person to use your username or Membership; and
4.3.2 not to disclose or provide to any other person, your password, username, email address, date of birth or any other information in connection with your Membership that may allow them to gain access to your Membership.
4.4 Becoming a Member: You may only register as a User or Service Provider if you are a resident or citizen of New Zealand and can form a legally binding contract that is enforceable against you.
4.5 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a User or Service Provider or submitting any requests as a User or Service Provider. You must maintain and update your personal information held by Smart Home Buyer to ensure it is kept current at all times. Smart Home Buyer may phone or mail you to verify these details. You must not register as a Member under multiple identities or personas (whether false or not). However at Smart Home Buyer’s discretion, you may create a business Membership in addition to your personal Membership.
4.6 Emails and Newsletters: Smart Home Buyer will send you emails relating to your Membership, transactions and other activities on the Website and for promoting and marketing other service requests, quotation requests or Smart Home Buyer products and services to you. Smart Home Buyer may also send regular electronic newsletters to Users/Service Providers. Newsletters will contain clear and obvious instructions of how you can unsubscribe from the mailing list if required.
5. Smart Home Buyer services
At Smart Home Buyer our goal is to support buyers and sellers of homes and property.
5.1 Quote request services:
5.1.1 Smart Home Buyer provides services that enable Users to request quotes from Service Providers. We will match the User’s job request with multiple Service Providers.
5.1.2 When you enter your information and a job request on the Website, we will share this with our database of relevant Service Providers. Service Providers will then assess if they are interested in providing a quote for your job. If interested, they will pay a fee to Smart Home Buyer in order to receive your contact details as you have entered. The Service Provider can then correspond directly with Users in order to clarify details of the job, to provide a quote and for other correspondence requirements. We do not guarantee that there will be Service Providers that are willing to complete your service request.
5.1.3 We do not:
(a) guarantee or make representations regarding the skills or representations of any Service Provider using our Website or the quality of the job that he or she may perform for you if you elect to retain their services; or
(b) endorse or recommend the services of any particular Service Provider.
5.1.4 Smart Home Buyer is at no time or in no way a party to any contract between you and a Service Provider and we are not to be included or mentioned in any such contract.
5.1.5 The Service Providers are not employees or agents of Smart Home Buyer.
5.2 Other services: Smart Home Buyer shall also provide a feedback mechanism for Users to post feedback about a Service Provider used. The terms specific to feedback are set out under paragraph 8;
5.3 Specific Warnings:
5.3.1 The services: We provide a venue to introduce Users and Service Providers who want to request and provide services. We do not take any part in the provision of such services other than by providing the services made available on our Website and related communications, emails and correspondence. If a quote is accepted by a User, a contract of sale will be formed between the Service Provider and User directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other Users/Service Providers.
5.3.2 At Your Own Risk: Transactions and all other contact between you and other Users/Service Providers are conducted entirely at your own risk. You agree that Smart Home Buyer takes no responsibility or liability for any misconduct of any of its Users/Service Providers including, without limitation, Users/Service Providers that have registered under false pretences or who attempt to defraud you. Smart Home Buyer gives no undertakings, representations, or warranties in relation to services requested by a User or quoted by a Service Provider, including:
(a) as to the content, safety, description, worthiness, quality, or legality of the services that are communicated via Smart Home Buyer, our Website and related communications, emails and correspondence;
(b) as to the accuracy or truth of requests or quotations;
(c) that any services will meet your requirements or expectations;
(d) about the ability of Users/Service Providers to complete and/or pay for a transaction, including credit/debit card transactions; or
(e) ownership of any item.
5.4.1 You expressly understand and agree that:
(a) your use of the services is at your sole risk. The Website, communications and services are provided on an as is and as available basis. To the maximum extent permitted by law Smart Home Buyer disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
(b) Smart Home Buyer does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including Feedback) provided on the Website is error-free or reliable;
(c) no advice or information that is obtained by you from Smart Home Buyer or anyone else shall create any warranty by Smart Home Buyer that is not expressly stated in the Terms and Conditions; and
(d) responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers’ own Websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Smart Home Buyer’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
5.5 Liability: You agree that, to the maximum extent permitted by law, any liability and responsibility of Smart Home Buyer to you or any other person in connection with these Terms and Conditions, the services, this Website and any related communications is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Smart Home Buyer’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data loss of business, general and special damages, and consequential and incidental loss.
5.6 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms and Conditions, your failure to complete a transaction, your use of Smart Home Buyer’s customer ratings, or arising out of any content or item you submit, post, transmit, or make available through the services.
5.7.1 Without limiting any other rights and remedies available to Smart Home Buyer, Smart Home Buyer may limit your activities on the Website, remove your requests or account details, warn other Users/Service Providers of your actions, issue a warning to you, suspend or terminate your Membership, or refuse to provide our services to you if you breach these Terms and Conditions or where Smart Home Buyer considers in its sole discretion it appropriate.
5.7.2 Smart Home Buyer does not make any representations or warranties that Users/Service Providers are appropriately licensed, free of bankruptcies or civil or criminal legal judgments, or carry appropriate general and public liability insurance either at the time of registration, during the period they are Users/Service Providers, or thereafter. As circumstances may vary, Smart Home Buyer advises you to satisfy yourself as to the accuracy of the information provided by each User/Service Provider.
6. Provision of Information
6.1 User Details: As a User, you agree that when you post a job on/via the Website, multiple Service Providers may be provided with your contact information and may make contact. Users may choose which contact details they allow to be provided to Service Providers when posting a job (email, mobile phone, home/work phone). The personal contact details of the User will remain confidential until a Service Provider views a job and requests the contact details of the relevant User with the intention of communicating with the user, including to provide a quote.
6.3 Accuracy: You undertake that all information you provide will be accurate, current and correct. If you provide any information that is found to be inaccurate, untrue, or false, or if Smart Home Buyer has reasonable grounds to suspect that such information is inaccurate, untrue or false, Smart Home Buyer has the right to refuse any current or future use of the Smart Home Buyer services or Website (or any portion thereof) by you.
6.4 Indemnity: To knowingly input false information, including but not limited to name, phone number, address or email address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to Smart Home Buyer and its Service Providers, and to consumers as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, if you knowingly input false information in a job or service request, including but not limited to some one else’s name, email address, physical address or phone number or a random or made up name, address, email or phone number you agree to fully indemnify and be liable to Smart Home Buyer and each Service Provider who accepts such job request, for any loss whatsoever that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto.
7. Fees and Accounts
7.1.1 Free Registration: Becoming a User or Service Provider is free. Smart Home Buyer charges Service Providers a fee when they successfully bid for a job generated through the Smart Home Buyer Website and related communications. The Website is completely free to Users.
(a) Smart Home Buyer current fees are listed on our Fees Page on the Website. Any fee payable to Smart Home Buyer will be invoiced to the Service Provider by Smart Home Buyer and payable within the period indicated on the invoice. Smart Home Buyer reserves the right to request documentation from Users or Service Providers to demonstrate the value of a completed job.
(b) All jobs posted on Smart Home Buyer must be for specific tasks/work to be completed. Jobs which are posted that contain non-specific details (including advertising or recruitment) may be subject to additional charges at the discretion of Smart Home Buyer.
(c) Smart Home Buyer reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
(d) All fees are exclusive of GST and are New Zealand Dollars unless otherwise stated.
(e) Before chasing a job, you should review Smart Home Buyer’s fees to ensure you are aware of the fees that you will incur.
(f) Smart Home Buyer reserves the right to take action against you to recover outstanding debt. You are liable for all expenses (including but not limited to court costs, legal fees, collection agency fees, and a $30 administrative fee) that Smart Home Buyer incurs in collecting that debt.
(g) All fees charged by Smart Home Buyer are to be considered a cost of business and are not to be passed on directly to the User through the quote. Smart Home Buyer is a means of marketing a business and should be treated as such in regards to fees. Directly charging the fee through an invoice will result in the Service Provider’s account being terminated.
7.2 Smart Home Buyer Accounts:
7.3 Credit Card Services: A credit card service is provided to allow Service Providers to pay for fees associated with securing work (success fees) and also for the optional subscription service (Pro) available. You can contact us regarding any credit card issues or questions.
7.3.1 Currency: All fees are in New Zealand dollars (NZD). The Fees Page describes these fees plus any GST payable. Payments made from non NZ credit cards will be charged in New Zealand dollars.
7.3.2 Terms of payment: Our fee invoices have payment terms as described on the invoice. Since it is difficult for us to track when work is done and Trade Professional are paid we cannot wait until you have been paid for the work. You agree to pay the fee even if your membership has expired. A credit will be applied to the Service Provider’s account for payments made in excess of fees incurred.
7.3.4 Overdue accounts: You agree you are responsible for paying our invoices within the payment terms of the invoice. If your account has an invoice which is overdue your account will be automatically restricted. Past due balances will be subject to a finance charge of 1.5% per month.
7.3.5 Credits or refunds: Credits or refunds may occasionally be offered in other circumstances at the discretion of Smart Home Buyer.
7.3.6 Receiving invoices: You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.
7.3.8 Payment failure: Should any payment method you use fail or later be reclaimed by the bank or card issuer you agree to pay any costs incurred by us plus a $5 + GST administration fee.
7.3.9 Fraud: While Smart Home Buyer has systems in place to reduce the risk of credit card fraud, Smart Home Buyer is not responsible for protecting Users/Service Providers from credit card fraud. Smart Home Buyer’s fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
7.3.10 Authorisation: You must be authorised by the company or individual for which you are creating an account. Unauthorised registration of a company or individual which you do not have permission will be considered fraudulent behaviour, which may may result in regulatory fines, penalties and/or referring the matter to the police.
8.1 Smart Home Buyer encourages Users to provide feedback, ratings and reviews about the Service Provider you have used. Smart Home Buyer reserves the right to publish feedback from Users, including ratings and statistics based on Service Provider activity on the Website and will use this information to monitor the performance and continued Membership of Service Providers.
8.2 Feedback must not contain offensive, defamatory or inappropriate language. Smart Home Buyer reserves the sole right to determine what is considered offensive, defamatory or inappropriate language. Feedback must be factual, and not contain offensive, defamatory or inappropriate language.
8.3 You may only give feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
8.4 You must not post feedback about yourself or include any contact details or personal information in your feedback.
8.5 Feedback is provided for the sole purpose of facilitating trading between Users/Service Providers on the Website and via related communications. You must not market or export any feedback to any venue other than the Website. Linking to your Smart Home Buyer feedback from other Websites will be considered a breach of our Terms and Conditions.
8.6 Smart Home Buyer accepts no responsibility for any offensive, defamatory or inappropriate feedback submitted on the Website.
9. Intellectual Property
All content included on this site, such as text, reviews, feedback, graphics, logos, button icons, images, audio clips, software, and mobile applications, are the property of Smart Home Buyer or its content suppliers and protected by New Zealand and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Smart Home Buyer and protected by New Zealand and international copyright laws. All software used on this site is the property of Smart Home Buyer or its software suppliers and is protected by New Zealand and international copyright laws. Any use including the reproduction, modification, distribution, transmission, republication, display, commercialisation or performance of the content on this site is strictly prohibited.