By accessing the ReportsToGo Website ("the Site") or purchasing a Pre Purchase Building Inspection Report ("a Report") you agree to be bound by all of these terms and conditions. The provisions set out below are the only terms and conditions on which ReportsToGo Limited ("ReportsToGo") will agree to provide you with a Report. ReportsToGo may modify this agreement at any time, and such modification shall be effective immediately upon posting the modified agreement on this Site.
The purchasing of a Report requires the use of a credit or debit card. By purchasing a Report you represent to ReportsToGo that you are an adult and that you are authorised to make the purchase using the credit or debit card account information you provide.
A Report may be ordered by following the instructions on this Site. To complete the purchase of a Report you must enter your credit or debit card details when you order a Report. Transferring credit or debit card information is protected by SSL encryption and is processed securely and in real time by DPS (Payment Express). DPS will debit your credit or debit card on behalf of ReportsToGo for the cost of a Report at the time of purchase - if this is the system which you will be using.
On confirmation that your credit or debit card has been debited for the cost of a Report, the Report will appear on your screen. You can elect to print the Report directly from this Site or save the Report using a PDF version.
All fees are inclusive of GST, unless expressly stated otherwise.
ReportsToGo reserves the right to increase the fees for the Reports ordered. At the relevant time, a notice will appear when you visit the Site and will give you the relevant details. If after posting of the notice on the Site, you elect to purchase a Report, you are deemed to have accepted the fee increase.
ReportsToGo reserves the right to change, modify, suspend or discontinue all or any parts of this Site at any time. ReportsToGo reserves the right to restrict a user's access to parts or all of the Site without notice or liability. The Reports on the Site are sourced from third parties. ReportsToGo may at any time be required to amend or delete any material (or any part of the material) on the Site that is sourced from third parties. This means that material which may have previously been available and which you have accessed may no longer be available next time you access the Site.
The materials contained on this Site are protected under copyright and other laws in New Zealand and under international conventions, and similar laws abroad. Unless otherwise stated, copyright and other intellectual property rights in all material published on this Site, including, but not limited to, the textural material, artwork, photographs, computer software, audio and visual elements, are owned or controlled by ReportsToGo.
In relation to the Reports within the Site, you must not and must not attempt to download, copy, modify, reverse engineer, decompile, disassemble or translate the Reports relating to any property or properties, whether by automated script or program or by any third party service, for any purpose whatsoever, including but not limited to the purposes of creating your own database, statistics, or creating a website or products.
ReportsToGo hereby guarantees you permission to access, view and download the Report appearing on this Site for your personal non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this Site. Without the express written permission of ReportsToGo you may not use any device, method or software including, but not limited to:
All conditions, guarantees and warranties expressed or implied by statute, law, equity, trade customer usage or otherwise are expressly excluded to the maximum extent permitted by law.
Without limiting the foregoing:
a) The Site is provided "as is" and "as available" and you use this Site at your own risk. Access to the Site may be interrupted, restricted or delayed from time to time without notice. ReportsToGo does not warrant or guarantee that the Site will be available continuously or that the operation of the Site will be error free. ReportsToGo reserves the right to change, modify, suspend or discontinue any or all parts of the Site at any time without notice.
b) You acknowledge and agree that the Reports on the Site are sourced from third parties outside ReportsToGo. ReportsToGo makes no representations and gives no warranties of any kind whatsoever in relation to any Reports on the Site. In particular, ReportsToGo does not warrant that the Reports on the Site are free from errors, omissions or other inaccuracies, or are fit for any particular purpose. You agree to release ReportsToGo from all liability (whether in contract, tort (including negligence) equity or on any other basis) for any errors, omissions or other inaccuracies in the Reports.
c) ReportsToGo makes no representations and gives no warranties that the Reports on the Site as delivered, will be capable of being processed on your computer equipment and software.
d) ReportsToGo has no obligations to install or convert the Reports on the Site for use by you with your computer equipment and software (such installation and conversion being entirely at your own risk).
e) ReportsToGo does not give any warranty that the Reports on the Site will be free from infection, viruses or destructive code. ReportsToGo shall not be liable (whether in contract, tort (including negligence ) equity, or any other basis) for any damage to, or viruses that may infect your computer equipment or software due to your use, installation or conversion of the Reports on the Site.
f) ReportsToGo shall not be liable (whether in contract, tort (including negligence) equity or on any other basis) for any loss, damage, liability, or expense sustained by you or any other person, directly or indirectly, from any use whatsoever of the Reports on the Site or otherwise in connection with this agreement (even if ReportsToGo has been advised of or has knowledge of the possibility of such loss, damage, liability or expense). Such loss/damage includes, without limitation, damage to property, injury to persons, loss of profits, business interruption loss, loss of data, any other loss, damage or expense that arises either as a result of the Reports on the Site been shown wholly or partially incorrect or unsuitable, or arising from non delivery or delay in delivery of the Reports on the Site and loss as a result of any amendment to or deletion of the Reports on the Site in accordance with clause 7 of this agreement.
g) ReportsToGo makes no representation and gives no warranties that any person has consented to the provision of the Reports on the Site to you, or consented to, or approved any subsequent use or disclosure of the Reports on the Site by you. For the purposes of any subsequent use of any Report by you it will be your obligation to obtain such Report readdressed to you from the third party from whom the Report has been sourced.
h) In the event that any exclusion of ReportsToGo’s liability set out in this agreement is inapplicable or is held unenforceable, ReportsToGo’s total aggregate liability under or in connection with this agreement, or arising out of any use, reproduction, modification, amendment or deletion of the Reports on the Site, or creation of compilations or derivative works of or from the Reports on the Site (by you or by any other person) whether that liability arises in tort (including negligence), contract, equity or on any other basis, shall be limited to the cost of the Report to you.
Material appearing on the Site may include advertising and other material submitted by parties other than ReportsToGo, and the Site may provide links to other Sites operated by advertisers and third parties. Those parties (and not ReportsToGo) are responsible for ensuring that such material and such Sites comply with all relevant law and regulations. To the full extent permissible by law, ReportsToGo disclaims any responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.
This agreement is deemed to have been made in New Zealand and is governed by New Zealand Law. Any dispute relating to this agreement shall be referred to the New Zealand Courts and the New Zealand Court shall have jurisdiction to hear and determine such dispute.
ReportsToGo’s available payment methods will be presented at time of purchase. ReportsToGo retains title and all Reports purchased until ReportsToGo receive payment in full.
ReportsToGo accepts all Building Inspection Reports ("Report/s") for on-line publication on ReportsToGo’s website from persons and companies wishing to sell residential property ("Client/s").
To the extent that any order submitted by a Client attempts to include terms that are inconsistent with these Terms and Conditions, those terms will not apply.
The expression "Client" means the person, persons or company from whom a Report has been received for on-line publication.
Subject to Clause 18 of these terms and conditions, with the exception of any credit terms referred to in Clause 8 which form part of these terms and conditions, these terms and conditions set out the entire agreement between the parties in relation to the on-line publication of the Report and supersede all prior arrangements, undertakings,representations and warranties by or between the parties in relation to such publication.
The Client undertakes to ReportsToGo that no Report will:
(a) give rise to any claims or liabilities for ReportsToGo;
(b) infringe copyright, trade mark or other intellectual or industrial property rights of any person;
(c) contain material that is otherwise unsuitable for publication;
(d) be, or be likely to be, misleading or deceptive or otherwise infringe the Fair Trading Act 1986 or any other statue, regulation or rule of law.
By submitting or authorising the submission of a Report for publication, the Client indemnifies ReportsToGo (and its employees and agents) against any proceedings, demands, losses, costs (including legal costs), damages and other liabilities incurred by ReportsToGo (and/or its employees and agents) in connection with the publication of the Report.
ReportsToGo may in its discretion:
(a) refuse to publish any Report;
(b) at any time without notice to the Client cancel, reject, or refuse to publish or continue publishing any report without providing any reason for such rejection or refusal at any time prior to, or after, publication of the Report, provided that this right will not be unreasonably exercised.
The Vendor acknowledges that any credit provided will be on ReportsToGo’s then standard credit terms which may vary from time to time.
Unless otherwise stated by ReportsToGo, publication rates are quoted inclusive of GST.
Except as expressly provided in these Terms and Conditions, ReportsToGo excludes, to the fullest extent permitted by law, all warranties, representations and conditions whether implied by law, trade, custom or otherwise. In no circumstances will ReportsToGo (its employees or agents) be liable, whether in tort, contract or otherwise for any indirect loss, loss of profits, consequential loss or special damage suffered by the Client or any other person. ReportsToGo’s (including ReportsToGo’s officers, employees and agents) liability to the Client, or any other person, for any and all loss or damage arising in relation to these Terms and Conditions and/or the publication of a Report (including from any errors or inaccuracies however caused, whether by negligence, system failure, mistake, early, late or non-publication of Reports, or loss or delay in the delivery of replies) will be limited to an amount equal to the costs charged by ReportsToGo to the Client for publication of the Report.
If the Client is a consumer under the Consumer Guarantees Act 1993 (the "Act") and acquires or holds itself out as acquiring the services from ReportsToGo for the purposes of a business then the Act will not apply and is expressly excluded. Subject to this clause nothing in these Conditions will affect the Client's rights as a consumer under the Act.
ReportsToGo will not be liable to the Client or to any other person for any loss of whatever kind suffered as a result of a Report not being available for publication where such event arises from any cause beyond its control. Any loss suffered as a result of any partial or total breakdown of ReportsToGo’s website will be deemed to be an event beyond ReportsToGo’s control. Should such an event occur, ReportsToGo will take responsibility to resurrect the site and links, and the Client has the right to cancel the particular contract for the affected Report publication at no penalty if such an occurrence results in the site being down for more than 7 working days (working days being Monday to Friday inclusive, but excluding statutory holidays).
If the Client requires the return of any Report submitted to ReportsToGo, the Client must collect the Report immediately after publication. ReportsToGo will endeavour to take reasonable care of Reports in its custody and control, but will not be responsible for any loss or damage to Reports (even if caused by ReportsToGo’s negligence).
If any time ReportsToGo does not enforce any of these terms and conditions or grants the Client time or other indulgence, ReportsToGo shall not be construed as having waived that term or condition or its right to later enforce that or any other term or condition.
The Client may not assign this contract or any part of it to any third party.
The Client acknowledges the confidential nature of the subject matter of these Terms and Conditions ("Confidential Information"). The Client accordingly undertakes to keep the Confidential information confidential and not disclose any of the Confidential Information without the prior written consent of ReportsToGo. The Client will ensure that its employees, agents, representatives, and advisers observe the terms of this clause. The Client indemnifies ReportsToGo against all losses, damages, costs and expenses which ReportsToGo may incur as a result of any unauthorised disclosure of the Confidential information. This obligation of confidentiality will continue in full force until all of the Confidential Information has entered the public domain and will survive the termination of these Terms and Conditions.
These Terms and Conditions are governed by, and construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the laws of New Zealand in respect of any dispute arising from these Terms and Conditions.
If any provision of these Terms and Conditions is held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions of these Terms and Conditions which shall remain in full force and effect.
ReportsToGo may vary these Terms and Conditions at any time in its sole discretion, provided that:
(a) such amended terms will not affect prior agreed on-line publication of Reports; and
(b) if the Client does not agree with the variation the Client may withdraw a Report from publication.