Terms of service
 

1. Introduction

1.1 First Home Coach Limited (FHC) provides a platform which allows you to connect with users of the firsthomecoach.co.nz website (Customers) who request the services of property developers, mortgage brokers, financial institutions, lawyers and other organisations to streamline the process of homeownership.

1.2 These terms of service (Terms) apply between FHC, the owner and operator of the partner.firsthomecoach.co.nz website and application (together, the Platform), and you, the user of the Platform (User or you).

1.3 By using the Platform you are deemed to have accepted these Terms. You should read these Terms carefully and make sure that you understand them.  If you do not agree to these Terms, you should stop using the Platform immediately.

1.4 If you accept these Terms on behalf of a company or other legal entity, you warrant that you have the authority to bind that entity to these Terms and the Agreement.

1.5 You acknowledge that you are registering to use the Platform because you are either employed by, or contracted to, one of our partners (Partner).  That Partner has signed a referral agreement (Agreement) with us which, amongst other things, sets out when the Partner will owe us fees.  You should only use the Platform in accordance with any policies or guidelines provided to you by that Partner.
 

2. What we do

2.1 We connect you with information and Customers to facilitate the provision of services/products which complement the homeownership journey.

2.2 The Platform is free to access, however, referral fees or commissions may be payable when you receive introductions to Customers or complete other chargeable activities. These referral fees or commissions are detailed in the Agreement.

2.3 Any information made available by us is provided exclusively to facilitate an introduction to a Customer that has requested your service/product.  At no point is the User to introduce any Customer who is referred via the Platform to products and services that compete with those offered by FHC and/or FHC’s other partners without FHC’s written consent.
 

3. Registration

3.1 In order to register to use the Platform you must be over 18 years of age, be employed by or contracted to a Partner who has a valid Agreement with FHC, and you must not have an existing registration.

3.2 To set up your profile, simply click on the “register” link on the Platform and provide us with all of the information requested.  You must ensure that the information provided by you at registration or at any time is correct and complete including true and correct copies of any identification documents and proof of address.  You warrant to us that all information you provide is true and correct, and if you become aware of any inaccuracies, you will let us know immediately.

3.3 To meet our requirements, or the obligations of our partners, under the Anti-Money Laundering and Counter Financing of Terrorism Act 2009 (AML Act) we may request certified documents proving your identity and proof of address (AML Documents).  We may, in our sole discretion, determine whether the AML Documents you provide are sufficient to meet our requirements under the AML Act. If you do not provide us with the sufficient AML Documents, we may refuse to provide you with access to the Platform.

3.4 We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these Terms or refuse any request from FHC.

3.5 You may cancel your registration at any time by contacting us at hello@firsthomecoach.co.nz.

3.6 We do not have to set up your profile or provide any reason for not doing so.
 

4. Links to other websites

4.1 The Platform contains links to other websites including our partners and affiliates.  Unless expressly stated, these websites are not under the control of FHC.

4.2 We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

4.3 The inclusion of a link to another website on the Platform does not imply any endorsement of the sites themselves or those in control of them.
 

5. Privacy Policy and Cookies Policy

5.1 We describe how collect and use your personal information in our Privacy Policy and we describe how we use cookies and similar technologies in our Cookies policy.
 

6. Content and acceptable use

6.1 By uploading content (including, without limitation any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Platform) (Content) to and creating Content on, the Platform, you grant FHC a worldwide, royalty free licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available your Content, for the purposes of enabling you and those you give access to, to use the Platform and for any other purpose related to the Platform.

6.2 You must maintain copies of all Content you upload to the Platform. We do not make any guarantees that there will be no loss of your Content or the Platform will be bug free. You should download all your Content prior to terminating your profile on the Platform.

6.3 You acknowledge that you are responsible for any Content you may submit via the Platform, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Platform any Content that:

• is confidential, proprietary, false, fraudulent, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable;

• may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; and

• may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam.  You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
  
  (together, the Content Standards)

6.4 You warrant that any Content you upload or send via the Platform complies with the Content Standards.  You will be liable to us and you indemnify us for any breach of that warranty.  We have the right to remove any Content without notice if, in our opinion, your Content does not comply with those Content Standards.
 

7. Intellectual Property

7.1 We are the owner or the licensee of all intellectual property rights in the Platform (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos, software, code and look and feel).  Those works are protected by trade mark, copyright and other intellectual property and trade practices laws and treaties around the world.  All such rights are reserved.

7.2 You must not reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the Platform or anyone else’s Content, without our express prior written permission. 

7.3 You own, or undertake that you are authorised to use, any intellectual property in any Content you upload to or create on the Platform.

7.4 You grant us a worldwide, royalty free licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available your Content, for the purposes of enabling you to use the Platform and for any other purpose related to the provision of the platform to you.
 

8. Takedown procedure

8.1 Without limiting our other rights in these Terms, we may, without any prior notice to you, remove any of your Content from our Platform or block access to our Platform (totally or partially) where we have received a notice of intellectual property infringement or notice of takedown in respect of your Content.  You agree that we will have no liability to you in respect of any loss (including loss of profit), cost or damage suffered or incurred by you as a result of such action.

8.2 If there is a dispute between you and a third party as to whether your Content infringes the intellectual property of that third party, you acknowledge that it is your responsibility to resolve such dispute with the third party, and until you have provided us with satisfactory written confirmation of a resolution between you and the third party we will not restore the alleged infringing materials or reinstate access to the Platform.  You agree to indemnify us against all claims, proceedings or actions by such third party against us including costs (legal or otherwise) that we may incur in defending such claims, proceedings or actions on a full indemnity basis. 
 

9. Prohibited use

9.1 You may not use the Platform for any of the following purposes:

• in any way which causes, or may cause, damage to the Platform or interferes with any other person’s use or enjoyment of the Platform;
• in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
• making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
   

10. Indemnity

10.1 You agree to indemnify, and hold FHC and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any tax, legal and/or accounting fees, arising out of or in connection with your access to or use of the Platform or your violation of these Terms.
 

11. Availability of the Platform and disclaimers

11.1 The Platform and any online facilities, tools, services or information that FHC makes available through the Platform is provided “as is” and on an “as available” basis.  We give no warranty that such services will be free of defects and/or faults.  To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality.  FHC is under no obligation to update information on the Platform.

11.2 Whilst FHC uses reasonable endeavours to ensure that the Platform is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their security, that of their details and their computers.

11.3 FHC accepts no liability for any disruption or non-availability of the Platform.

11.4 FHC reserves the right to alter, suspend or discontinue any part (or the whole of) the Platform including, but not limited to, any products and/or services available. These Terms shall continue to apply to any modified version of the Platform unless it is expressly stated otherwise.
 

12. Limitation of liability

12.1 If you choose to use the Platform, you do so at your own risk.

12.2 You are solely responsible for all of your communications and interactions with our partners.

12.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform and any Content on it, whether express or implied.

12.4 We will not be liable to any you or other third party for any direct, indirect or consequential loss, cost, lost opportunity or profit, lost goodwill, reputational damage or liability or other adverse event whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the Platform;
• any contact you have with our partners or other users whether in person or online; or
• use of or reliance on any Content displayed on the Platform.

12.5 Nothing in these Terms will:

• limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation; or
• limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

12.6 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
 

13. General

13.1 As a paperless service, you agree that all notices which FHC is required to send to you will be by way of an email.

13.2 You may not transfer any of your rights under these Terms to any other person.  We may assign our rights under these Terms at our sole discretion, without restriction.

13.3 These Terms may be varied by us from time to time.  Such revised Terms will apply to the Platform from the date of publication.  You should check these Terms regularly to ensure you are familiar with the current version.

13.4 These Terms and any Agreement contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place about the terms and conditions.

13.5 If any court or competent authority finds that any provision of these Terms (or part of any provision) is unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.

13.6 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

13.7 These Terms shall be governed by the law of New Zealand and all disputes arising under the Terms shall be subject to the exclusive jurisdiction of the New Zealand courts.
 

If you have any queries, you can contact us at hello@firsthomecoach.co.nz

These terms were last updated on 3 June 2020.