SITE TERMS AND CONDITIONS

Last updated: 03/02/2026

1. Parties and acceptance
   1.1 These Seller Listing Terms and Conditions (Terms) apply when you (Seller, you, your) create an account and purchase or publish a property listing on the Buy My Home platform (Platform).
   1.2 The Platform is operated by Buy My Home NZ Limited (Buy My Home, BMH, we, us, our). Our contact details are in clause 19.
   1.3 By creating an account, purchasing a listing, or publishing content on the Platform, you agree to be bound by these Terms.
   1.4 If you do not agree, do not use the Platform.

2. Definitions
   Account means your user account on the Platform.
   Buyer means any person who views your listing or contacts you via the Platform.
   Fees means the fees payable for the listing package or services you select, as displayed on the Platform at the time of purchase.
   Listing means a property advertisement published on the Platform, including all text, photos, video, floorplans, documents, and any other content you upload or provide.
   Platform means the Buy My Home website, apps, and associated services.
   Property means the real property you list for sale, including the land and improvements.
   Services means the services we provide to you under these Terms, including hosting your Listing and providing self service tools.

3. What Buy My Home is and is not
   3.1 Buy My Home provides an advertising and self service publishing platform for private homeowners.
   3.2 We are not a real estate agent, do not act as your agent, and do not provide real estate agency work. We do not:
   (a) represent you in negotiations
   (b) provide appraisal or price advice as an agent
   (c) introduce buyers in a way that creates an agency relationship
   (d) prepare or negotiate sale and purchase agreements as your agent
   (e) hold deposits or trust money on your behalf, unless expressly stated in writing as a separate service
   3.3 Any guides, checklists, templates, calculators, or educational content we provide are general information only. You remain responsible for obtaining your own legal, conveyancing, finance, building, and tax advice.

4. Eligibility and authority to list
   4.1 You must be at least 18 years old and legally capable of entering into a binding contract.
   4.2 You warrant that you are either:
   (a) the legal owner of the Property, or
   (b) authorised by the legal owner to list the Property for sale and to provide all Listing content.
   4.3 We may request evidence of ownership or authority (for example a rates notice or other reasonable evidence). If you do not provide it, we may suspend or remove your Listing.

5. Account security
   5.1 You must provide accurate, complete, and current information when creating an Account.
   5.2 You are responsible for all activity on your Account and for keeping your login details secure.
   5.3 Tell us immediately if you suspect unauthorised access.

6. Listings, publication, and moderation
   6.1 When you submit a Listing, you request that we publish it on the Platform.
   6.2 We may accept, reject, edit for formatting, or remove a Listing at our discretion, including where we believe it:
   (a) breaches these Terms
   (b) contains misleading, deceptive, inaccurate, incomplete, or unlawful content
   (c) infringes third party rights
   (d) creates legal or reputational risk for BMH, Buyers, or other users
   6.3 We do not guarantee that a Listing will appear continuously or in any particular position, ranking, or timeframe.

7. Seller obligations and warranties
   You agree that, at all times:
   7.1 Accuracy and honesty
   (a) all Listing content you provide is true, accurate, and not misleading
   (b) you will promptly update your Listing if anything becomes inaccurate, outdated, or changes materially
   (c) you will not omit information where that omission makes the Listing misleading
   7.2 Rights and permissions
   (a) you own the content you upload, or you have all rights and permissions to use it
   (b) your Listing does not infringe intellectual property, privacy, or other rights of any person
   7.3 Lawful conduct
   (a) you will comply with all applicable laws and regulations relevant to the Property, the sale process, and your Listing content
   (b) you will not use the Platform for scams, fraud, harassment, or unlawful conduct
   7.4 Property and sale process responsibility
   (a) you are responsible for due diligence materials, disclosures, and answering Buyer enquiries
   (b) you are responsible for arranging viewings, open homes, inspections, LIM, builder reports, and any sale and purchase documentation
   (c) you are responsible for confirming whether you are selling by negotiation, deadline sale, tender, auction, or other method, and for running that process
   7.5 No reliance on BMH
   You acknowledge that you do not rely on BMH for legal advice, valuation advice, or buyer suitability checks.

8. Prohibited content and conduct
   You must not post or transmit:
   (a) false or misleading statements or images
   (b) content that is abusive, defamatory, threatening, or discriminatory
   (c) content that infringes privacy, including personal information about others without consent
   (d) malware, harmful code, or attempts to interfere with the Platform
   (e) spam or unsolicited marketing to other users
   (f) content encouraging unsafe or illegal behaviour

9. Buyer interactions and enquiries
   9.1 Any enquiry tools, messaging tools, forms, or phone masking features are provided for convenience. We do not guarantee delivery, response times, or Buyer authenticity.
   9.2 You are solely responsible for how you deal with Buyers, including verifying identity, managing scams, and deciding what information to share.
   9.3 We are not a party to any negotiations or contract between you and a Buyer.

10. Fees, payment, and taxes
    10.1 Fees are payable in advance as shown on the Platform at the time you purchase a listing package or service.
    10.2 Unless stated otherwise, Fees are in NZD and are GST inclusive.
    10.3 If a payment fails or is reversed, we may suspend or remove your Listing until payment is received.

11. Cancellation and refunds
    11.1 Because the primary service is digital publication and promotion, refunds limited (if at all) once your Listing has been published or services have been delivered.
    11.2 Any refund eligibility, cooling off policy, or cancellation rights will be reviewed and agreed at the absolute discretion of BMH, and subject to any non excludable rights under NZ law.
    11.3 We may refuse a refund where:
    (a) the Listing has been published and a material portion of the service has been delivered, or
    (b) you breached these Terms, or
    (c) removal is due to your content being inaccurate, unlawful, or infringing rights.

12. Listing duration, renewal, and removal
    12.1 Your Listing remains active for the period of 90days from publication, or until you remove it, or until we remove it under these Terms.
    12.2 You agree to promptly mark the Property as sold or withdraw the Listing if the Property is no longer genuinely available for sale.
    12.3 We may remove Listings that are stale, clearly outdated, or appear no longer for sale.
    12.4 The above removals of the listings published will subsequently enact the requirement to republish and also purchase a brand new listing.

13. Intellectual property and licence to use Listing content
    13.1 You retain ownership of your Listing content.
    13.2 You grant BMH a non exclusive, worldwide, royalty free licence to use, reproduce, display, distribute, and create technical adaptations of your Listing content solely for:
    (a) operating and improving the Platform
    (b) publishing and promoting your Listing
    (c) marketing the Platform, including showing example Listings (unless you opt out where the Platform offers that opt out)
    13.3 This licence continues while your Listing is live and for a reasonable period afterwards for caching, backups, compliance, dispute handling, and legitimate business records.

14. Platform availability and changes
    14.1 We may update, change, suspend, or discontinue any part of the Platform at any time.
    14.2 We do not guarantee uninterrupted access. Outages can happen, because the internet is a chaotic beast.

15. Disclaimers
    15.1 To the maximum extent permitted by law:
    (a) we do not warrant that the Platform will generate enquiries, offers, or a sale
    (b) we do not warrant that Listings will be error free or that Buyers will be genuine
    (c) we do not verify the accuracy of seller supplied information, although we may apply checks at our discretion
    15.2 Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantees or other rights that cannot legally be excluded under NZ law.

16. Limitation of liability
    16.1 To the maximum extent permitted by law, BMH will not be liable for any indirect, consequential, special, or exemplary loss, including loss of profit, revenue, opportunity, data, or reputation.
    16.2 To the maximum extent permitted by law, our total liability to you for any claim arising out of or in connection with these Terms or the Services is limited to the amount of Fees you paid to us for the relevant Listing package in the 3 months before the event giving rise to the claim.
    16.3 You acknowledge that BMH does not control Buyer conduct, and we are not liable for scams, misleading Buyer statements, Buyer non performance, or disputes between you and a Buyer.

17. Indemnity
    17.1 You agree to indemnify and hold harmless BMH (and our directors, employees, contractors) from any loss, damage, cost, or expense (including reasonable legal fees) arising from or connected with:
    (a) your Listing content
    (b) your breach of these Terms
    (c) your sale process or dealings with any Buyer
    (d) any claim that your Listing content infringes rights or is misleading or unlawful

18. Suspension and termination
    18.1 We may suspend or terminate your Account or remove your Listing immediately if we reasonably believe you have breached these Terms or created risk for users or BMH.
    18.2 You may stop using the Platform at any time. Clauses intended to survive termination (including clauses 13 to 17) will survive.

19. Privacy
    19.1 We collect, use, store, and disclose personal information in accordance with our Privacy Policy.
    19.2 You acknowledge that your Listing may contain personal information (for example your name or contact details) and you consent to that information being displayed and shared with Buyers as part of operating the Platform.
    19.3 If you provide personal information about any other person (for example a tenant, flatmate, or family member), you warrant you have their consent or another lawful basis to share it.

20. Disputes
    20.1 If you have a complaint, contact us first and we will try to resolve it in good faith.
    20.2 If we cannot resolve the dispute, either party may pursue any rights they have under NZ law, including through the Disputes Tribunal where applicable.

21. Changes to these Terms
    21.1 We may update these Terms from time to time. The updated Terms apply from the time they are published on the Platform.
    21.2 If changes materially disadvantage you, we may provide notice via the Platform or your Account email.

22. General
    22.1 Assignment: You may not assign your rights under these Terms without our written consent. We may assign these Terms as part of a business restructure or sale.
    22.2 Severability: If any part of these Terms is unenforceable, the rest remains in force.
    22.3 Entire agreement: These Terms and any referenced policies form the entire agreement between you and BMH for the Services.
    22.4 Governing law: These Terms are governed by the laws of New Zealand and the parties submit to the non exclusive jurisdiction of the New Zealand courts.

23. Contact details
    Buy My Home
    Legal entity: Buy My Home NZ Limited
    Email: info@buymyhome.nz