Terms of Use

Toddco.nz (“the Website”) is operated by Todd & Co Realty. These terms of use (“Terms”) constitute an agreement between you (“You”, “Your”) and Todd & Co Realty. (“Us”, “We”). You must not access or use this Website unless you accept all of these Terms. By accessing and using this Website you are agreeing that you have read, understood and accepted these Terms, and agree to be bound by them and that you are authorised to enter into and perform them. All rights not expressly granted to you in these Terms are reserved by Todd & Co Realty.

SCOPE OF THESE TERMS

These Terms cover the site toddco.nz

CHANGES TO THESE TERMS

We may change these Terms from time to time by publishing the changed terms on this Website. You should review these Terms periodically to be aware of such changes. Your continued access or use of this Website following such publication shall be deemed your acceptance of the revised terms. We reserve the right to add to, modify, or remove this Website or any information, feature, specification, or other part of this Website (at any time and without notice to you).

LINKS TO THIRD PARTY SITES

The Website may contain links to other websites. Any website you access from this Website (other than toddco.nz) is independent from Todd & Co Realty. Todd & Co Realty has no control over the content on that website and does not make any representations about, nor endorses nor accepts any responsibility for the content, or the use, of any other website.

YOUR USE OF THIS WEBSITE

You agree not to use this Website for any purpose that is unlawful or prohibited by these Terms or to engage in any conduct that is likely to cause damage to the operation of, disable, overburden, or impair this Website or interfere with any other party's use and enjoyment of this Website, whether by way of a virus, corrupted file, through the use of any software or program, or otherwise.

Furthermore you agree not to alter, modify, reproduce, communicate to the public or otherwise deal with the content, software, text, graphics, layout or design of this Website except in accordance with these terms.

ELECTRONIC COMMUNICATIONS

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our privacy policy (available here). You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

USE OF COMMUNICATION SERVICES

The Website may contain bulletin board services; chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, bully, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service from time to time and to remove any such materials at our absolute discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

We do not control or endorse the content, messages or information found in any Communication Service. We disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Todd & Co Realty spokespersons, and their views do not necessarily reflect those of Todd & Co Realty.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

FEEDBACK AND UNSOLICITED SUBMISSIONS

If you give us feedback about this Website or our products or services, you grant us the right to use that feedback for the purpose of improving our Website or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas, they will be treated as “User Content” in accordance with these Terms; and they will be deemed to be non-confidential; and we will not be required to provide any acknowledgement of their source.

DISCLAIMERS

We do not give any warranty or other assurance as to the suitability, reliability, availability, timeliness, completeness, fitness or accuracy of the content of material appearing on the Website for any particular purpose.

To the maximum extent permitted by law, we provide this Website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose).

To the maximum extent permitted by law, neither Todd & Co Realty or its suppliers will, under any circumstances, be liable for any direct, indirect, exemplary, incidental, special, or consequential damages, including, without limitation, damages for loss of use, data, savings or profits, arising out of or in any way connected with:

the use or performance of Website,
the delay or inability to use the Website or associated services,
the provision of or failure to provide associated services,
unauthorised access to, loss or alteration of, your User Content; or
the reliance on any content obtained through the Website,

whether in contract, tort (including negligence) equity, breach of statutory duty or otherwise, even if we were advised of the possibility of loss or damages.

If you are dissatisfied with any portion of the Todd & Co Realty Website, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Website.

If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to those services.

TERMINATION/ACCESS RESTRICTION

We reserve the right, at our absolute discretion, to terminate your access to the Website and any associated services or any portion thereof at any time, without notice.

GENERAL PROVISIONS

Relationship of the parties: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Todd & Co Realty as a result of these Terms or your use of the Website.

Severability: If any term or provision of these Terms is held to be illegal, invalid or unenforceable it will be severed from these Terms without affecting the legality, validity or enforceability of the remaining provisions.

Entire agreement: Unless otherwise specified herein, these Terms constitutes the entire agreement between you and us with respect to the Website and supersedes all previous agreements, arrangements, understandings or representations relating to the Website.

INTELLECTUAL PROPERTY

The materials displayed on this Website are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other property rights that may subsist in this Website including text, illustrations, photographs, video, music, sounds, layout, design, source code, belong to us or to our licensors (together, ‘our intellectual property’).

You may not in any form or by any means: use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate or otherwise deal in any way with our intellectual property; or commercialise any information, products or services obtained from any part of this Website except with our prior written permission.

You may from time to time request our consent to use certain material or other content that appears on this Website. If we grant such consent it shall be subject to the following conditions:

The copyright notice below must appear on all copies of such material or content;
The words "copyright Todd & Co Realty” must appear on all copies of such material or content; and
The materials or content must not be altered, modified or added to in any way.

TRADEMARKS

The trademarks appearing on this Website belong to us, our suppliers or our licensors. You must not use or reproduce or allow anyone to use or reproduce these trademarks for any reason without, in the case our trade marks, our prior written permission or, in the case of third party trademarks, the written permission of the owner the relevant trade mark.

AVAILABILITY

Your use of this Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this Website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should this Website or the services supplied through this Website become unavailable, interrupted or delayed for any reason.

MALICIOUS CODE

Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this Website, we do not guarantee or warrant that this Website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this Website does not expose your computer system to the risk of interference or damage from malicious code.

SECURITY

Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this Website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing this Website or any outbound hyperlink.

GOVERNING LAW

These Terms are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms.

COOKIES

This Website uses cookies to provide you with a better service.

PRIVACY

We maintain a privacy policy that sets out our obligations in respect of your personal information. You should read that policy by clicking here, and you will be taken to have accepted that policy when you accept these Terms of Use.

SERVICE CONTACT: admin@toddco.nz