Agreement
These terms (“Agreement”) govern your use of Kiwibuyers Limited (“we”, “us”, “Kiwibuyers”) Property listing, marketing products, packages, and services (“Products”) on our eCommerce platform.
If you have a separate Relationship Agreement with us, those terms apply alongside these, and if there is any conflict, your Relationship Agreement takes precedence. If you do not have a Relationship Agreement, by opening a property account or using our Products you agree to these terms.
Term
This Agreement starts when you accept it, open a property account, or use our Products—whichever is earlier—and continues until terminated or varied according to its terms.
Being an Agent
You confirm that you and any representatives performing real estate agency work are fully licensed and legally authorized under the Real Estate Agents Act 2008 and will remain so while using Kiwibuyers services.
Responsible Use
When advertising properties on Kiwibuyers:
- Only list properties you are legally entitled and authorized to market;
- Only list properties you actively manage or represent;
- Do not resell discounts or allow unauthorized listings on your account;
- Do not include links to competitors’ websites unless agreed in writing.
Fees
You agree to pay fees for Products used on your property account. We may update fees with 30 days’ notice.
Account Responsibility
You are responsible for all activity on your property account, including listings uploaded manually or via API, and for managing access rights.
Invoicing and Payment
- Invoices are issued monthly and payable by the 20th of the following month. Disputes must be raised in writing within 10 working days. Undisputed amounts must be paid on time.
- Kiwibuyers reserves the right to withhold payouts or suspend listings for non-payment or breach of these Terms.
Late Payment
Late payment may result in suspension of services, interest charges, set-off against funds owed to you, or debt collection, including associated costs.
Credit Checks
We may conduct credit checks and share information with credit reporting agencies.
Listing Uploads
Listings must be uploaded manually or via our API, following our technical and usage requirements.
Location Changes
Notify us at least 10 working days in advance of office location changes or new branch openings.
Listing Quality & User Experience
- Each listing must have at least 3 photos and a clear, accurate description;
- Listings that do not meet quality or category standards may be removed;
- Do not re-list sold, rented, or otherwise unavailable properties;
- Only one property or business per listing;
- Expected Sale Prices (ESPs) must be accurate and reflect market conditions;
- Kiwibuyers controls the presentation and display of listings on the platform.
Communications
We may send promotional and account-related messages to you and your representatives, with opt-out options when applicable.
Partnership Agreements
- Only apply to specified offices; fees for additional locations managed by you apply separately;
- Product tiers and benefits apply as per your agreement;
- ESP misrepresentation may result in loss of benefits or termination;
- Properties listed on other platforms must be listed on Kiwibuyers on the same day;
- Either party may terminate with 30 days’ written notice;
- New Partnership Agreements may be unavailable for six months after termination under certain conditions.
Compliance & Legal
You and your agents must comply with all applicable laws, including the Real Estate Agents Act 2008 and any NZ Transport Agency (NZTA) requirements related to vehicles or motor listings. Illegal or fraudulent listings may be removed immediately.
Vehicle Listings
Sellers must ensure vehicles listed are free of outstanding loans. Listing vehicles with outstanding loans is illegal and may lead to listing removal or legal action.
Account Payments & Add-ons
For users on monthly plans, you must keep payments up to date to avoid losing access to your listings. Any additional add-ons must be paid immediately upon purchase.
Liability
Our standard website terms and exclusions apply. You agree that Kiwibuyers is not liable for losses arising from listings or transactions conducted via the platform.
Consumer Law
You acknowledge these services are for business use and that consumer guarantees under the CGA and Fair Trading Act do not apply.
Changes to Agreement
We may update these terms or fees with at least 30 days’ written notice.
Account Closure
You may close your account at any time with written notice. We may suspend or terminate your account for non-payment, breaches, insolvency, or misuse, with notice as applicable. Fees for past usage remain payable.
Assignment and Change of Control
Assignment of your account or rights requires our consent. Notify us 10 working days in advance of any change in ownership or control.
Code of Conduct
Respectful, professional behavior towards Kiwibuyers staff is expected. Abuse or harassment may lead to suspension or termination.
Authority
If accepting these terms on behalf of a company or entity, you confirm you are authorized to bind that entity.
Buyer Responsibilities
As a buyer using Kiwibuyers:
- You are responsible for conducting your own due diligence on any property before making a purchase or entering into any agreement;
- You must verify all information, inspect the property as needed, and confirm all legal and financial details with the seller or relevant professionals;
- Kiwibuyers is a marketplace platform and does not guarantee the accuracy, condition, or legal status of any listing;
- You must act honestly and in good faith in all dealings through the platform;
- You must comply with all applicable laws and regulations relating to property purchases.
Seller Responsibilities
As a seller using Kiwibuyers:
- You warrant that you have legal authority to list and sell the property;
- All information provided in your listings must be accurate, complete, and up to date;
- You must disclose any material information that could affect a buyer’s decision, including liens, encumbrances, or outstanding loans;
- You must comply with all applicable laws and regulations, including those relating to real estate and vehicle sales (if applicable);
- You must ensure listings do not mislead buyers or constitute fraudulent activity;
- You are responsible for promptly responding to buyer inquiries and fulfilling any binding agreements entered into through offers or sales;
- Sellers listing motor vehicles must comply with NZTA regulations and confirm vehicles are free from outstanding loans or encumbrances.
Legal Disclaimer
- Kiwibuyers acts solely as a platform to facilitate connections between buyers and sellers and does not act as an agent, broker, or legal advisor;
- We do not verify or endorse the accuracy, legality, or condition of any listing, nor do we guarantee transactions;
- All sales and purchases are between the buyer and seller directly, and Kiwibuyers is not liable for any disputes, losses, or damages arising from these transactions;
- Buyers and sellers should seek independent legal, financial, and professional advice as appropriate;
- Kiwibuyers excludes all liability to the fullest extent permitted by law for any direct, indirect, or consequential loss resulting from use of the platform, listings, or services;
- Use of the platform is at your own risk, and Kiwibuyers makes no warranties about the suitability or availability of listings or services.