Terms and Conditions

Welcome to Mortgagee Auctions Limited (Mortgagee Auctions), New Zealand's place of real estate. The following terms and conditions are set out in order to assist you with the use of this website.

1.1   Acceptance of terms and conditions: The following terms and conditions are those on which Mortgagee Auctions grants you access to this website and the use of its services. By signing up as a member, listing property, advertising on this website or using this website you agree to be bound by these terms and conditions. If you do not accept these terms and conditions you must not use the website or the services provided herein.
1.2   Revision of terms and conditions: These terms and conditions may be amended in whole or in part by Mortgagee Auctions. Such changes may be made from time to time without warning. By continuing to use this website you agree to any amendments to these terms and conditions.
1.3   Website services: The services provided by Mortgagee Auctions include:
  a. Public – Any member of the public is allowed to sign up as a member, provided that they abide by these terms and conditions. They may sell property in 2 categories “Urgent Sales” and “Deceased Estate.” They are prohibited, however, from listing a property under the “Mortgagee Sales” category.
  b. Real estate agents - Membership is available to anyone, however, only a licensed real estate agent may list under the “Mortgagee Sales” category. If you are not a licensed real estate agent you cannot advertise a mortgagee sale or mortgagee auction. A real estate company must be a member of the Real Estate Institute of New Zealand if they wish to list mortgagee property. Real estate agents and real estate companies must abide by all applicable, statutes, rules, regulations, by-laws and codes when using this website and the services of Mortgagee Auctions.
  c. Banner advertisers - If you advertise on this website through use of banners you are not required to be a real estate agent, however you must abide by these terms and conditions.
1.4   Your obligations: While using this website or any service offered on the website you must:
  • Comply with these terms and conditions;
  • Make sure all information you supply is current, complete and accurate;
  • Only list properties that you are authorised and entitled to list;
  • Comply with all applicable statutes, rules, regulations, by-laws and codes;
  • Not damage, disrupt or interfere with this website, its content or the services supplied by Mortgagee Auctions in any way;
  • Not use this website for sending spam, chain letters or any other unsolicited communications of any kind;
  • Not use this website for any illegal purpose;
  • Not use this website in a way that Mortgagee Auctions regards in its absolute discretion is, abusive, offensive, racist, pornographic or unsafe;
  • Pay any fees payable for the services provided by Mortgagee Auctions immediately upon demand. Mortgagee Auctions may change the fees charged for services from time to time.
1.5   Disclaimer: You agree that:
  • Mortgagee Auctions makes no representations and gives no undertakings or warranties in relation to the properties listed on the website, nor any warranties, representations or undertakings in relation to the accuracy or truth of any such listing;
  • Mortgagee Auctions does not act as an agent for any party using this website. Any transaction entered into between users of this website is done entirely at their own risk;
  • Responsibility for the content of advertisements appearing on the website rests solely with the advertiser. Placement of an advertisement does not constitute any endorsement or recommendation by Mortgagee Auctions;
  • Mortgagee Auctions will use its reasonable endeavours to ensure the availability of the website and the services provided but Mortgagee Auctions does not guarantee that the website and/or services provided will be continuous, uninterrupted or error free;
  • You release and indemnify Mortgagee Auctions from and against all actions, claims, costs (including legal costs), expenses, losses, proceedings, damages, liability or demands suffered or incurred by Mortgagee Auctions to any person or party arising out of or in connection with your failure to comply with these terms and conditions.
1.6   Liability: Mortgagee Auctions (including its officers, employees and agents) will not be liable whether in contract, tort (including negligence), equity or otherwise to you or any third party for any direct, indirect or consequential damage, loss, cost or expense (including without limitation loss of profits, loss of data, savings or lost business) arising from the use of this website its content or any services supplied by Mortgagee Auctions.
1.7   Termination: Mortgagee Auctions may remove any listing/advertisement or banner, issue a warning, suspend or terminate an account if you breach these terms and conditions or if Mortgagee Auctions deems it appropriate to do so.
1.8   Refunds: Mortgagee Auctions does not provide full or partial refunds for cancellation or prepaid or partially used services. Refunds will normally only be provided in the case of a mistake made on the part of Mortgagee Auctions.
1.9   Copyright: Unless otherwise stated the material published within this website is the copyright of Mortgagee Auctions and may not be reproduced in whole or in part without the express written permission of Mortgagee Auctions.
1.10   Intellectual Property: Mortgagee Auctions either owns or has the right to use the intellectual property rights with respect to this website and its content. You acknowledge that you have no claim or interest in such intellectual property rights.
1.11   Privacy: Mortgagee Auctions may collect personal information about you through your use of the website and any services provided. You agree that Mortgagee Auctions may use this personal information to assist it to provide the services to you, for internal research purposes, to verify your identity, for promotion and marketing this website and Mortgagee Auctions' services and for any other use that you may authorise.
1.12   Waiver: If Mortgagee Auctions delays or does not enforce any right or remedy available to it under these terms and conditions it is not a waiver of that right or remedy.
1.13   Entire Agreement: These terms and conditions constitute the entire agreement between you and Mortgagee Auctions and no earlier representation, warranty, or agreement has any force or effect.
1.14   Governing Law: These terms and conditions are governed by the laws of New Zealand.

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