Term & Conditions

1. Introduction

   1. You agree to be bound by the following Terms and Conditions when you register on The Listings Factory Limited Website, access or use The Listings Factory Limited Website.
   2. If you register and access the Website during a free-trial period, you are bound by these Terms and Conditions.
   3. If you do not agree and accept all of these Terms and Conditions, you are not authorised to use the Website and should immediately discontinue any use of the Website and the offered services.
   4. The Listings Factory Limited reserves the right at any time, at its sole discretion, to change or modify these Terms and Conditions, which will be available on the Website. Your continued use of The Listings Factory Limited Website constitutes your acceptance of any updated Terms and Conditions.

2. Subscription

   1. Access to the Website is by subscription only and only licensed salespeople and estate agents under the Real Estate Agents Act 2008 may sign up and subscribe. Such subscription is on a per user basis only.
   2. The Agent shall keep all log-in details confidential and shall not share them with any other person whether they are a licensed estate agent, salesperson or not.
   3. The Listings Factory Limited may, at any time, require the Agent to provide evidence of their current license under the Real Estate Agents Act 2008. Failure to provide such evidence will be a breach of these Terms and Conditions.

3. Relationship – Agent and The Listings Factory Limited

   1. The Listings Factory Limited are the listing agent in respect of the properties listed on the Website. The Agent, by way of subscription is able to view these listings and match their purchasers with the properties.
   2. The Agent must use all the information and contract documentation, terms and conditions as supplied by The Listings Factory Limited in respect of any sale and purchase documentation. Any variation or addition must be approved by The Listings Factory Limited in writing.
   3. The Listings Factory Limited will use its best endeavours to verify and provide accurate information and documentation, however where such information is supplied by the vendor and/or sourced from a third-party organisation. The Listings Factory Limited is merely passing over that information as supplied and cannot guarantee its accuracy or reliability and makes no representations as such.
   4. The Listings Factory Limited and the Agent will enter into a conjunctional agreement which will set out their relationship and the sharing of commission of the listing due to The Listings Factory Limited under its listing agreement. A sample conjunctional agreement is available on the Website.
   5. The conjunctional agreement will need to be signed by all parties including the conjuncting office (the Agent’s company, whether the Agent is a principal, director, employee or contractor) prior to the Agent introducing any purchaser to a property.

4. Dealings

   1. The Listings Factory Limited will deal with the Vendor in all respects in relation to any questions, queries, or requests for further information and in respect of presenting any offers to the Vendor.
   2. The Agent shall not in any circumstances contact or approach the Vendor of any property, either directly or indirectly in respect of any particular property listed on The Listings Factory Limited Website, in respect of any other matter, or to solicit further business from that Vendor.
   3. The Agent shall not market a property listed in any manner, form or way, including but not limited to including the property in marketing material, social media posts, websites, mass email, letter drops or similar, whether including the property on its own or bundled with other properties (whether from the Listing Factory Limited website or not).

5. Fees

   1. A yearly subscription fee is to be paid monthly or yearly in advance by way of credit card or direct debit.
   2. A new subscription will have an initial thirty-day free trial, however as noted above the Agent will remain bound by these Terms and Conditions. You will only be entitled to one free trial period.
   3. The Listings Factory Limited may amend or alter the fee by the giving of at least 28 days’ notice given by way of the Website.

6. Termination/Suspension

   1. The Listings Factory Limited may suspend or terminate any subscription without notice for any suspected fraud, misrepresentation, or breach of these Terms and Conditions.
   2. There will be no refund of any fees paid in advance in case of any termination or suspension.
   3. Clause 4.2 will survive any termination, suspension, or expiry of this Agreement.

7. Privacy

   1. The Listings Factory Limited will ensure its dealings with personal information acquired from the Agent in connection with this Agreement will comply with the Privacy Act 2020.

8. Governing Law

   1. This Agreement will be governed by the Law of New Zealand.

9. Dispute Resolution

   1. The Listings Factory Limited is not liable for any disputes that may arise between Agents and their use of the site.
   2. If a dispute arises between The Listings Factory Limited and an Agent, the dispute must be dealt with in accordance with this clause.
   3. A party claiming that a dispute exists must notify the other party in writing of the nature of the dispute.
   4. The parties shall first endeavor to resolve any dispute or difference by agreement, and if they agree, by mediation.
   5. If a dispute is not resolved by mediation or by other agreement within 30 days of the date the notice of the dispute was given then such dispute shall be submitted to the arbitration of one arbitrator who shall conduct the proceedings in accordance with the Arbitration Act 1996 or any other statutory provision then relating to arbitration.
   6. If the parties are unable to agree on the arbitrator, then an arbitrator shall be appointed, upon the request of any party, by the President or Vice President of the New Zealand Law Society or the Chair of the Real Estate Institute of New Zealand. That appointment shall be binding on all parties to the arbitration and not be subject to appeal. The provisions of article 11 of the First Schedule of the Arbitration Act 1996 are to be read subject to this and varied accordingly.