When you create a subscription with HAPS or access the Home and Property Solutions Limited (HAPS) Website you accept these terms and conditions. During your time with us you agree to follow these terms and conditions so it’s important you read and understand them. There might also be different or extra terms and conditions that apply for certain customers, subscriptions, products or services that are provided or made available to you at the time, and you agree to be bound by those as well.
If specific terms and conditions apply to for a particular customer, subscription, product or service, and they are inconsistent with these terms and conditions, then the specific terms and conditions will apply. Other terms may also be implied by law.
When we refer to “our terms” for a particular customer, subscription, product or service, we mean these terms and conditions together with our specific terms and conditions for that customer, subscription, product or service.
When we say “we”, “us” or “our”, we mean Home and Property Solutions Limited, which provides the Service to you. We will also refer to Home and Property Solutions Limited as HAPS.
When we say “HAPS subscription” or “Services” we refer to your subscription to access the property you own and manage through the HomeZada software.
When we refer to “our website” or the “HAPS website”, we mean www.whatsthehaps.co.nz which is the site that you access the Service through.
When we talk about “you” or “your”, we mean the person to whom we provide the Service as notified to us when a subscription is made. Where applicable, this applies to your duly authorised representatives, legal personal representatives and successors.
INFO ABOUT OUR SERVICE
You must be at least 18 years old to buy a HAPS subscription with us.
Your HAPS subscription must be bought for a New Zealand home address.
We may change pricing or other financial products available to buy via our Service at any time without prior notice (see clause “CHANGES TO THESE TERMS AND CONDITIONS AND NOTICES”).
You must sign up for a HAPS subscription through the HAPS Website. You warrant and represent that when you subscribe to HAPS, all the information contained in your application is complete and accurate.
It is your responsibility to update and inform us of any changes to the details provided on subscribing to our service.
By creating a HAPS subscription you give us permission to use your provided information for communication purposes about HAPS services and occasional third party offers. You can unsubscribe from our communications at any time via the ‘unsubscribe’ link at the bottom of every communication we send out to users.
We will assume we are dealing with you, and will be entitled to rely on any instructions you give us when dealing with us via the Online Service. You must take all reasonable steps to keep your HAPS subscription secure and prevent any fraudulent use of it.
We may introduce new security procedures for our Service. We will notify you as soon as reasonably practicable in accordance with the clause “CHANGES TO THESE TERMS AND CONDITIONS AND NOTICES” where these might affect you.
We may stop or block access to your HAPS subscription where we suspect:
- that the security of your HAPS subscription has been compromised;
- that there has been unauthorised or fraudulent use or attempted unauthorised or fraudulent use of your HAPS subscription;
- that your HAPS subscription is being used for illegal purposes (including, but not limited to, money laundering or committing financial crime); or
- we are required to do so by law or any regulatory authority.
Where we are able, we will notify you if we propose to block or have blocked access to your HAPS subscription and give you reasons for doing so. We do not accept any liability for any loss you may suffer where we act in accordance with the provisions of this clause or where you fail to meet your obligations under this clause.
Please send any communications to HAPS at firstname.lastname@example.org
We are also contactable through our social media accounts. Links to these accounts can be located on our website and we will endeavour to respond as soon as possible to any queries via social media accounts.
CHANGES TO THESE TERMS AND CONDITIONS AND NOTICES
We may change our terms, including our subscription and service fees, from time to time in whole or in part, by giving you reasonable notice of the change in accordance with this clause.
Except where our specific terms state otherwise, we will generally give you at least 14 days’ notice of any change to these terms and conditions that may be detrimental to you, unless we are required to make the change sooner or immediately (for example for regulatory or legal reasons).
As part of our provision of a ‘paperless service’, we can give notice by one or more of the following ways:
- direct communication with you (including email and text message); or
- by showing a message on the HAPS Website.
We will also make the amended terms and conditions available on the HAPS Website.
We do not need to give notice of changes that are in your favour, do not materially reduce the benefit of the relevant Service to you, or are incidental changes (such as clarity, drafting and typographical amendments) which may take effect immediately and will be available on the HAPS Website.
By continuing to use the Service or access the HAPS Website after the effective date of any change, you will be deemed to have accepted the change. If you don’t accept any proposed change, you should notify us immediately and stop using the Service and cancel your HAPS subscription before the effective date of that change.
We charge the following subscription amounts to access and use our Service (inclusive of GST):
- $280 per year; or
- $25 monthly
These prices cover the HAPS subscription and your access to, but not use of, additional components of the Service. There will be extra costs for additional components such as (but not exclusive to) booking a maintenance inspection, or hiring action managers.
Changes to Subscription
Annual: When signing up to the annual subscription plan, you are committing to a one off payment, paid when you first subscribe to HAPS. This payment does not include any additional components of the Service you may wish to purchase during the year. Your annual subscription will automatically be renewed unless you inform us otherwise as per these terms and conditions. You can change your subscription plan and/or payment method annually when your subscription is renewed. This means you can change from an annual payment to a monthly subscription at the time of renewal (by this we mean the anniversary date of your sign up).
Monthly: When signing up to the monthly subscription plan, you are committing to a full year of 12 monthly payments. These payments do not include any additional components of the Service you may wish to purchase during the year. Your monthly subscription plan will automatically be continued on a rolling annual basis unless you cancel or change your subscription as per these terms and conditions. It is possible to change from a monthly to an annual subscription at any time, in which case the annual subscription will then take force from the date the subscription changes, for a full year, and is subject to the same terms of renewal outlined in the preceding paragraph “Annual”.
Unless you cancel your HAPS subscription before your next monthly or annual Renewal Date, you authorise us to charge your next monthly or annual subscription amount to your payment method.
We may offer different subscription plans, including special promotional plans or subscriptions offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some subscriptions may have different rules, conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you at the time.
The subscription for the Service will be charged in advance on an annual or monthly basis (as applicable) to your payment method. Payment will be attempted on the calendar day corresponding to the commencement of the paying portion of your subscription. In some cases your payment date may change, for example if your payment method has not successfully settled.
You can cancel your subscription at any time before the end of your annual subscription period, or after you have paid 12 monthly payments. To the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods. If you cancel within the seven day cooling off period (your free trial period), which begins from when you buy your HAPS subscription, there will be no charge and therefore no refund is applicable. To close, contact us at email@example.com for instructions.
You will be responsible for paying any other costs and fees applying to the other products that you use through the Service.
OUTSTANDING FEES AND UNPAID DEBTS
If you default on any payment owed to us, we may also immediately cancel, terminate and/or suspend any transaction with you without having any resulting liability to you. If we need to take legal action against you for recovery of a debt then you will be liable for any and all costs and expenses incurred by us in recovering such debt.
AVAILABILITY OF THE SERVICE
We make no express or implied warranties or representations, and cannot guarantee that access to your HAPS subscription and Services via the Online Service, will be available at all times or without delay or errors. You acknowledge that the Online Service may be interrupted and the Services available may be variable in certain circumstances.
We may at our absolute discretion suspend the operation of our Service (including the Online Service) where we consider it necessary. For example, suspension may be necessary for technical reasons, emergencies, regulatory reasons, where we decide it is sensible for our or your protection, or to ensure the continued availability of other services.
Occasionally, we may need to suspend the provision of the Service (including the Online Service) to maintain or upgrade our systems. To improve and maintain the Service, we may from time to time request that you install updates and upgrades.
We will not be liable to you if our systems or services are unavailable to you for information purposes for whatever reason.
LIABILITY AND INDEMNITY
You are responsible for all liabilities or costs incurred in relation to your HAPS subscription and use of the Service, and you agree to indemnify us from and against those liabilities or costs except:
- to the extent they result directly from our gross negligence, wilful default or fraud; or
- in circumstances where our liability is not able to be limited under any applicable law.
The Service is provided on an “as is” and “as available” basis. As far as the law allows, we are not liable to you for any loss or damage you suffer in respect of the Service except where caused by our negligence, wilful default or fraud. Matters for which we are NOT liable include (but are not limited to) the following:
- losses if you are unable to access the Online Service (for example, if you are selling your home and can’t obtain your mortgage information);
- if the device you use to access the HAPS website or to send or receive information doesn’t work properly or is not compatible with the Service;
- any loss or damage arising out of your use or inability to use the HAPS Website or its functionality;
- corruption or loss of data or other information;
- malware that may be transmitted to your computer by use of the Service;
- losses or costs caused by unforeseeable circumstances outside our reasonable control, including (but not limited to) failures caused by problems with another system or network, third party data delays or errors, third party viruses or malware and the actions or failures of any counter-party, or their systems);
- where you have been fraudulent or careless or where you have breached our terms, in particular security requirements;
If you are a “consumer” for the purposes of the Fair Trading Act 1986 and Consumer Guarantees Act 1993, nothing in our terms is intended to limit any rights or remedies that you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
By using the Service, you acknowledge and agree:
- We own or licence the Intellectual Property Rights in our brand, name, the software and associated technology, the Service and all related materials. Except as expressly set out in these our terms, you have no rights in or to the Intellectual Property Rights or in any improvements or variations that may be made to the Service or any related materials;
- nothing in our terms is to be construed as granting you any right to use any Intellectual Property Rights without the prior written consent of us or our licensors;
- that you will not reverse engineer, decompile, disassemble, modify or create derivative works of the Service;
- to provide feedback on the Service. Each experience may be different, but generally we will ask you for your opinions on the Service as you have found it.
The personal information you provide or we obtain from third parties may be used for the following purposes:
- to create, manage and administer your HAPS subscription and Services in accordance with these terms and conditions;
- verify your identity or undertake credit assessments ;
- to obtain quotations or arrange bookings with third parties;
- to comply with our legal obligations, cooperate with the court service, our regulators and law enforcement agencies and to prevent and detect crime;
- to resolve disputes;
- to provide customer support, improve the quality of the Service we provide and train our staff;
- to keep you informed (by email, text, or via the Online Service) of products and services we consider may be of interest to you (including from our selected business partners), unless you ask us not to provide you with this information;
- to obtain your feedback on a product or service via a third party appointed by us (we will only provide such third parties with your name and email address); and
- aggregating data for analysis and research and to provide management information or other services internally and to third parties.
Personal information will be held by or on behalf of HAPS and will be retained by us for a reasonable time after inquiries are received by us (whether or not a HAPS subscription is subsequently started and used), but only for as long as is required for the purposes for which it was collected.
Sharing your information
We may share the personal information we hold about you with other members of HAPS, or with third parties that provide services to or for us to enable us to better understand your needs and operate your HAPS subscription and Services.
Collection of analytics information
To improve our website and advertising, and to help us better understand browsing behaviour, we may use website measurement software and other analytics tools and services (including Google Analytics) to gather information such as traffic patterns, mouse click activity, IP addresses, and any other information you may provide through use of our website. This information is aggregated and anonymised so that you can’t be identified.
A cookie is a data file that is sent to your browser from a web server and stored on your computer or device, then sent back to the server by your browser each time you access certain sections of our website.
- providing more customised content and material to you on our website or app that better matches your interests and needs;
- security, including helping us to identify you when you log in to your HAPS subscription; and
- business and marketing analysis.
This information may be retained in an anonymous or aggregated form after we have erased personal information that identifies you from our systems.
You can choose to disable cookies via your device’s website browser settings. However, if you choose to reject cookies, you may not be able to use or access some features of the services that we offer.
If you would prefer not to receive direct marketing information or be contacted to provide feedback, please let us know. You may contact us through our email firstname.lastname@example.org
You have access to the personal data we hold about you, which is available as part of your HAPS subscription. If any of the information we hold is inaccurate, you can ask us to make any necessary amendments. You must inform us if any of your personal information changes, to ensure that the details we hold about you are up to date and correct.
We have reasonable security measures in place to protect against the loss, access, misuse, alteration and/or unauthorised disclosure of the information under our control. However, we do not make any warranties in relation to the security of any information you disclose or transmit to us and we are not responsible for the theft, destruction, or inadvertent disclosure of your personal information where our security measures have been breached. Your use of our Services is at your own risk.
ASSIGNMENT, DELEGATION AND THIRD PARTIES
We may appoint any person (whether connected to HAPS or not) to advise on or perform any of our functions or responsibilities under our terms. We will satisfy ourselves that any person to whom we delegate any of our functions or responsibilities is competent to carry out those functions and responsibilities. We may assign our terms and conditions in whole or in part to any person. Any member of HAPS shall be entitled to enforce provisions of these terms and conditions, which shall apply to it as if it were a party to the contract.
You may not assign your rights to your HAPS subscription or the Service to any other person without our prior written consent.
Obviously we don’t want something to go wrong, but if it does please let us know straight away by getting in touch with us via email to email@example.com with subject line “Complaint”.
TERMINATION AND CLOSURE
You may terminate these terms and conditions, subject to the terms laid out in the “FEES” clause, by giving notice to us via our firstname.lastname@example.org email and ceasing to use the Service.
Without affecting any other right or remedy available to us, and except where our specific terms say otherwise, we may terminate our relationship with you and these terms and conditions with immediate effect, at any time, by giving written notice to you, if:
- you fail to pay any amount due under our terms on the due date for payment and remain in default for more than 7 days after being notified via email to make such payment;
- you breach any of our terms which is irremediable;
- you breach any of our terms, and if such breach is remediable, you fail to remedy that breach within a period of 7 days after being notified in writing to do so;
- you are declared bankrupt (if an individual) or become subject to any liquidation or similar process, or are otherwise unable to pay your debts as they fall due;
- we have reasonable grounds for believing you have committed or are about to commit a crime in connection with your use of the Service; or
- we are required to terminate our agreement with you or the Service by any competent regulatory authority or as a matter of law.
In addition to the right to terminate set out above (including in our specific terms), we may also terminate our agreement and these terms and conditions for any other reason, by giving you at least 14 days’ written notice via email.
Termination shall be without prejudice to the completion of transactions already initiated under these terms and conditions. Unless specifically prohibited, we will complete such transactions as soon as practicable, provided that you pay us all outstanding amounts owing to us under these terms and conditions.
On termination of our agreement you will pay us all outstanding costs, fees, charges or expenses relating to the Service and any transactions already initiated prior to termination. If we terminate this agreement in accordance with any of the first five bullet points set out above, you also agree to pay us any expenses necessarily incurred by us in terminating our agreement and in concluding outstanding obligations and you will bear any losses necessarily realised in concluding any outstanding obligations.
If we don’t insist that you perform your obligations under our terms, it doesn’t mean you don’t have to. Similarly, if we don’t enforce our rights under our terms, or we delay in doing so, it doesn’t mean we’ve given up those rights.
Each term of these terms and conditions and our specific terms operates separately. If any court of competent authority decides that any of them are unlawful or unenforceable, the other terms will remain in full force and effect.
These terms and conditions are governed by New Zealand law and the Courts of New Zealand have exclusive jurisdiction if there’s a dispute.
“Additional Components” refers to options, such as the maintenance inspection or action managers, made available through your HAPS subscription that you can purchase, separate from and in addition to, your HAPS subscription.
“HAPS” means Home and Property Solutions Limited;
“HAPS subscription” means the account you subscribe to through HAPS (using HomeZada software), where you can access your own property and record home details, inventory, projects, financial information and maintenance work;
“Intellectual Property Rights” means any and all vested, contingent and future intellectual property rights, including but not limited to copyrights, patents, trademarks, service marks, design rights (whether registered or not), know how, trade secrets, inventions, set-up and any applications for the protection or registration of these rights anywhere in the world;
“HAPS Website” means the HAPS website available at https://whatsthehaps.co.nz and any other website operated and maintained by us;
“Online Service” means the functionality of the HAPS Website, which enables you to subscribe to your HAPS subscription and make online service bookings;
“Service” means the overall service we agree to provide to you under our terms and comprises services relating to the operation of your HAPS subscription (including your home information), together with the various underlying services (such as the ‘paperless service’ and the Online Service) which enable us to provide these facilities to you, as well as the use of and access to the HAPS Website.