Website terms of use

Welcome to Lendr, an online property analyser and portfolio manager website, for property buyers and property investors. These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.

LEGAL DISCLAIMER

Use the information and tools on Lendr as a guide and starting point only, then seek professional advice.

 

APPLICATION OF TERMS

  • These Terms apply to your use of the Website. By accessing and using Lendr Service:
    • you agree to these Terms; and
    • where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
  • If you do not agree to these Terms, you are not authorised to access and use the Lendr Service, and you must immediately stop doing so. 

 

CHANGES

  • We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Lendr Service, you agree to be bound by the changed Terms.
  • We may change, suspend, discontinue, or restrict access to, the Lendr Service without notice or liability.
  • These Terms were last updated on 13 July 2016.

 

DEFINITIONS

In these Terms:

Including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

Personal information means information about an identifiable, living person

Terms means these terms and conditions titled Website Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website

We, us or our means Lendr Ltd

Website means www.lendr.co.nz

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting

 

YOUR OBLIGATIONS

  • You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
  • If you are given a User ID, you must keep your User ID secure and:
    • not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
    • immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to info@lendr.co.nz.
  • You must:
    • not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
    • unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
  • You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to info@lendr.co.nz.
  • You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

 

INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

 

PRICING

We have the right to update and change pricing plans.

 

DISCLAIMERS

  • We make every effort to ensure that, at the time of publishing, Lendr's information is accurate and the calculators are reliable. However, to the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
    • the Website being unavailable (in whole or in part) or performing slowly;
    • any error in, or omission from, any information made available through the Website;
    • any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
    • any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
  • We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

 

CALCULATOR RESULTS ARE NOT EXACT

The Lendr tools give ballpark figures only - they are not exact. The assumptions in the calculators may not always hold true or be relevant to your particular situation.

 

 LIABILITY

  • To the maximum extent permitted by law:
    • you access and use the Website at your own risk; and
    • we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
  • Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
  • To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.

 

PRIVACY POLICY

  • You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
  • Lendr collects Your personal information
  • Lendr is a provider of beautiful property management software that’s simple, smart, and secure and gives property buyers and investors and their advisors visibility of a property portfolio’s financial position.

The Service involves the storage of Data about a company or individual. That Data can include personal information. “Personal information” is information about an identifiable individual, and may include information such as the individual’s name, email address, telephone number, bank account details, taxation details, and property financial information.

Lendr may collect personal information directly from You when You:

  • register to use the Service,
  • use the Service,
  • contact the Lendr support team, and
  • visit our Website.

You can always choose not to provide Your personal information to Lendr, but it may mean that we are unable to provide You with the Service.

When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.

  • The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
  • We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website.  We may collect this type of technical information through the use of cookies and other means.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser.  If you want to disable cookies, you may do so by changing the settings on your browser.  However, if you do so, you may not be able to use all of the functions on the Website.  We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs.  We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.
  • Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
    • to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
    • in relation to the proposed purchase or acquisition of our business or assets; or
    • where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
  • Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
  • You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at info@lendr.co.nz.

 

SUSPENSION AND TERMINATION

Trial policy:

When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the day You first added Your billing details into the Services. If You choose not to continue using the Services, You may delete Your organisation in the account section of the Services.

Prepaid subscriptions:

Lendr will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.

No-fault termination:

These Terms will continue for the period covered by the Access Fee paid. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.

Breach: If You:

  • breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
  • breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are more than 30 days overdue); or
  • You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,

Lendr may take any or all of the following actions, at its sole discretion:

  • Terminate this Agreement and Your use of the Services and the Website;
  • Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
  • Suspend or terminate access to all or any Data.
  • Take either of the actions in sub-clauses (d), (e) and (f) of this clause 8(4) in respect of any or all other persons whom You have authorised to have access to Your information or Data.
  • For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Contacts or Billing Plans in full by the relevant due date, Lendr may: suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.

 

 GENERAL

  • If we need to contact you, we may do so by phone, email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
  • These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
  • For us to waive a right under these Terms, the waiver must be in writing.
  • Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5, 5, 6, 7, 10.1, continue in force.
  • If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.
  • These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.