1. Acknowledgement and Acceptance

1.1 By using the Elysium Realty Limited (ERL) & Synergy Realty Limited (SRL) (ERL & SRL Harveys) website you acknowledge that you have read, understood and accept the legal provisions in these Terms & Conditions (Terms).

Website mean any website owned and/or operated by ERL & SRL Harveys and any social media sites or blogs including but not limited to those on Twitter, Facebook, Youtube, Myspace, Slideshare, Flickr or LinkedIn.

1.2 The information contained on the Website is subject to change without notice. If you are a regular ERL & SRL Harveys visitor and/or member please check these Terms regularly.

2. Using the Website

You are responsible and legally liable for your activity, use of and conduct on the Website.

3. Your obligations when using the ERL & SRL Harveys Website

1. Trade Marks and Copyright

• (a) “Harveys” is the trading name for Elysium Realty Limited (ERL) & Synergy Realty Limited (SRL). All references to Harveys include a reference to all of its related entities, authorised licensees and agents.

“Harveys Trade Marks” means all trademarks (whether or not they are registered) and trading names belonging to ERL & SRL Harveys.

• (b) Under New Zealand and international law, the material on our Website, including all pages, graphics and services, is subject to copyright. You must not:
  • (i) unlawfully use any of our or our suppliers copyright material;
  • (ii) pass off content from our site as your own – this includes the practice of ‘framing’ our site within another site as well as copying and re-using parts of the site; or
  • (iii) use, modify, publish, license, create derivative works from, transfer, or sell any copyright material, Harveys Trade Marks, information, materials, software, products or services obtained from the Website without our prior written consent.
• (c) You may access, use, download and print information and materials displayed on the Website for your personal and non-commercial use only (including for the purposes of property investment or purchase or lease of commercial property through Harveys) 

        2. Unacceptable content

(a) To ensure that using the Website is a pleasant experience for everyone, you are prohibited from posting any material that, or using the Website in any way that:

• (i) violates any laws;
• (ii) is threatening, abusive, defamatory, obscene or indecent;
• (iii) is false or misleading;
• (iv) infringes any third-party rights including copyright, trade marks or other intellectual property rights;
• (v) distributes chain letters or pyramid schemes or spam users of the Website;
• (vi) distributes viruses or any other technologies that may harm the Website, the interests or property of ERL & SRL Harveys or other users;
• (vii) imposes an unreasonable load on our infrastructure or interferes with the proper working of the Website;
• (viii) copies, modifies, or distributes any other person’s content without their consent;
• (ix) uses any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission;
• (x) harvests or otherwise collects information about others, including email addresses, without their consent;
• (xi) bypasses measures used to prevent or restrict access to the Website;
• (xii) impersonates any person or entity;
• (xiii) in any way makes available using the Website any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.

    3. Objecting to content

You are solely responsible for any content that you create, transmit or display on our Website and for the consequences of your actions (including any loss or damage to ERL & SRL Harveys or any third party could suffer) by doing so.

ERL & SRL Harveys has the right to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Website at its sole discretion. If you find any content that is objectionable please contact the ERL & SRL Harveys  Privacy Officers, whose details are listed at Section 11.

    4. Changes to Content

ERL & SRL Harveys and its suppliers may make improvements or changes in the information, services, products, and other materials displayed on the Website, or terminate the Website, at any time without notice. ERL & SRL Harveys  may modify the Website Terms at any time, and such modifications will take effect immediately upon posting of the modified Terms on the Website. Accordingly, you agree to read the Terms on a regular basis, and your continued access or use of the Website will be deemed to be your acceptance of the modified Terms.

    5. User generated content

If you upload content, you:

• (a)(attribution of copyright owner) must include the author and source of the content and ensure you have obtained the necessary rights to use the material in the way in which it is being used;
• (b)(indemnification) agree to indemnify us against all liability claims or proceedings whatsoever arising from your publishing the content by uploading it onto the Website in relation to defamation, breach of copyright, trade mark infringement, unfair competition, trade practices, royalties, violation of rights or privacy;
• (c)(warranties) warrant that the content is legally compliant and that its publication does not give rise to any rights against or liabilities against ERL & SRL Harveys, including anything that is capable of a breach of the all New Zealand and International relevant legislation.

If you post materials to or links from the Website that infringes any third-party rights, you indemnify Harveys against any loss, liability, damage, cost (including ERL & SRL Harveys reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the Website.

   6. Copyright Assignment

You agree to assign copyright in all original content that you post on the Website to ERL & SRL Harveys upon publication. Further, you agree to formally record such assignments and that you appoint ERL & SRL Harveys as your proxy as may be required for the sole purpose of completing such an assignment. ERL & SRL Harveys retains copyright on all content, design and artwork produced for the Website.

   7. Consent

If you upload photographs, audio or video recordings of yourself, you consent to give ERL & SRL Harveys the right to use these photographs and recordings in the production of the Website. You further give the right ERL & SRL Harveys to use or reproduce this content, including your likeness, in whole or in part for publicity or broadcast purposes as we reasonably see fit (although we will endeavour to contact you in order to notify you of such use where reasonably practicable for us to do so).

   8. Linking policy

You are welcome to put links on your site pointing to our Website but only if all links abide by these Terms. 

     9. Comments Policy

At ERL & SRL Harveys we want as many of you as possible to engage in vibrant and lively discussions on our Website. However, there are limits to acceptable communication and we require that discussions and/or comments posted by users on the Website are constructive, civilized and relevant.

ERL & SRL Harveys reserves the right to immediately remove any content that does not fall within these guidelines and, in extreme cases, ERL & SRL Harveys can suspend or terminate your membership to the Website.

4. Copyright and Trade Marks Policy

ERL & SRL Harveys will action notices alleging any infringement or breach of someone’s intellectual property or personal rights within seven business days of being notified, including but not limited to:

1. (a)alleged copyright infringement that comply with applicable international intellectual property law (including Take Down Notices under the Digital Millennium Copyright Act); and trade mark complaints.
2. ERL & SRL Harveys will action notices alleging defamatory posts or links about you within one business day of being notified.
3. ERL & SRL Harveys reserves the right to remove users and/or subscribers for copyright and trade mark infringement and will use reasonable endeavours to remove any such content (or suspend it pending the dispute outcome).
4. ERL & SRL Harveys is not in any way responsible or liable for any user generated content published on its Website so long as ERL & SRL Harveys removes within the time specified.
5. If you suspect that your copyright or trademarks have been infringed, please email ERL & SRL Harveys using the details at Section 11.

If you suspect that your copyright or trademarks have been infringed please email the ERL & SRL Harveys Privacy Officers using the details at Section 11.

5. Privacy

We collect personal information about you when you visit our Website whether you are registering; signing up for features and functions; participating in surveys, trade promotions and competitions; ordering or purchasing products or contributing to one of our forums. We can use the information that you provide for a number of purposes as referred to in our Privacy Policy – www.harveyshomes.co.nz/privacy-policy

6. Disclaimers

1. General:

• (a) ERL & SRL Harveys is not liable to you or any third party for any loss in connection with the use of the Website or any other linked website (which may belong to any of our authorised agents or approved partners). This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
• (b) All information (including but not limited to the property area, floor size, price, address and general property description) on the Website is provided as a convenience to you, and has been provided to ERL & SRL Harveys by third parties. ERL & SRL Harveys have no belief one way or the other as to whether the information contained on the Website is correct, neither ERL & SRL Harveys nor its licensors or suppliers (nor their respective directors, affiliates or employees) have checked the accuracy of the information and do no more than pass it on.
• (c) You acknowledge and agree that by using the Website you are using them at your own risk.
• (d) ERL & SRL Harveys does not represent or warrant:
  • 1. that your use of the Website will meet your requirements;
  • 2. that your use will be uninterrupted, timely, secure or free from error;
  • 3. the accuracy of any information obtained by you as a result of your use of the Website; and
  • 4. that defects in the operation or functionality of any part of the Website will be corrected.
  • (e) Any material downloaded or otherwise, or services obtained through the use of our Website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.
  • (f) ERL & SRL Harveys excludes all warranties and conditions of any kind whether express or implied to the fullest extent permitted by law.
  • (g) ERL & SRL Harveys does not accept any liability (direct or indirect) for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any information, or any error, omission or defect in the information, contained on the Website.

7. Third party websites

Our Website may link to third party websites which are not owned or operated by ERL & SRL Harveys. We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We do not endorse these sites. We recommend that you investigate these sites’ terms and conditions. Furthermore, because ERL & SRL Harveys’ privacy policy is applicable only when you are on the Website, once linked to another website, you should carefully read that website’s privacy policy before disclosing any personal information. In certain circumstances ERL & SRL Harveys may receive a commission, fee or reward for a hyperlink, pointer or other introduction to a third-party website. ERL & SRL Harveys is not liable to disclose the basis of such commission, fee or reward except as may be and only to the extent required by law.

8. Calculators

The results from calculators supplied on the Website should be used as an indication only. Results do not represent either quotes or pre-qualifications for a product or service. It is advised that you consult your legal adviser or financial adviser before proceeding with any transaction.

9. Choice of Law/Forum

These Terms are governed by and construed in accordance with the laws of New Zealand without giving effect to any principles of conflicts of law. ERL & SRL Harveys failure to insist upon strict enforcement of any provision of these Terms will not constitute a waiver of any provision or right. Any legal action or proceeding between ERL & SRL Harveys and you related to these Terms will be brought exclusively in a court of competent jurisdiction in New Zealand.

10. Complaints Handling

1. (a) Lodgment of Complaints

ERL & SRL Harveys Privacy Officers will provide reasonable information and assistance to ensure that Complaints are lodged effectively.

Complaints may be lodged by emailing or posting a letter of complaint to the ERL & SRL Harveys Privacy Officers using the details at Section 11.

Complaints will be acknowledged and Website users will be advised of the progress of their Complaint.

ERL & SRL Harveys has established, and will continue to develop, quality processes for the effective acknowledgement and processing of complaints.

       2. (b) Response to Complaints

Complaints will be processed in a timely and efficient manner. ERL & SRL Harveys is committed to continuous improvement and training to ensure that complaints are resolved promptly and courteously.

Managing our customer’s expectations realistically is ERL & SRL Harveys’ goal. This involves the careful analysis of each complaint and a resolution offered as soon as practicable.

       3. (c) Review of Complaint Handling Process

ERL & SRL Harveys complaint handling procedures and systems ensure effectiveness and we conduct internal reviews to highlight any need for improvement.

       4. (d) Records/ Systems

Complaints will be recorded and analysed to ensure that our complaint management processes comply with this policy.

Systemic trends and recurring problems will be identified and feedback provided to the relevant departments to improve processes and your customer experience.

       5. (e) Escalation of Complaints

ERL & SRL Harveys goal in the area of complaints handling is to finalise complaints as soon as possible. Where necessary, you will be kept informed of the progress of your complaint.

Where ERL & SRL Harveys has exhausted the channels available to it under these Terms and the relevant Policies to address your complaint, you can escalate your complaint to the relevant authority.

Contacting our Privacy Officers

Elysium Realty Limited – Attn Paul Vujnovich

530 Te Atatu Road,Te Atatu Peninsula 0610  in writing

Or via email at teatatu@harveys.co.nz

Or by phone on +64 9 834 6155

Synergy Realty Limited – Attn Trish Adams

1 Glendale Road, Glen Eden 0602 in writing

Or via email at synergy@harveyshomes.co.nz

Or by phone on +64 9 816 8636