OneHub:
Terms & Conditions

These are the terms on which Trade Me offers you the opportunity to have your Agent(s) and/or Office Profile on onehub.trademe.co.nz (the Website) and any associated applications. If you do not accept these terms, you must not use this Website or the OneHub service.

As Trade Me operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of these services and the Website represents your agreement to be bound by the terms and conditions as amended.

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Responsibility for your content and login information

You take sole responsibility for any content you post on this Website, in particular for the content in your Agent and/or Office Profile (including any hyperlinks added). You are also responsible for keeping your login information, including your email address and password, secret and secure.

If you’re an Agent or Office that allows an administrative person to access your OneHub account on this Website on your behalf, you are responsible for all actions that the administrative person takes, and content that the administrative person posts on the Website in relation to your OneHub account and related profile. Any administrative person that accesses your OneHub account on your behalf must also keep login information secret and secure.

You permit the account holder of the Office listed under the REAA & office details section of your profile to view and make changes to your account.

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Accurate and compliant information

All content that is published on your Agent or Office Profile page will be publicly viewable and must be accurate and comply with New Zealand law at all times. You must not post anything, or allow anything to be posted, (including any image) that is illegal or offensive, or which infringes copyright or other intellectual property rights. You warrant that you have provided complete, accurate and current personal information when registering to post an Agent or Office Profile on this Website. You must maintain and update your personal information held by Trade Me to ensure it is kept current at all times. Trade Me may phone or email you to verify these details, or to verify any information published on your Agent or Office Profile page.

If you create an Agent or Office Profile on the Website, your profile information will also be displayed within the Find an agent directory on Trade Me Property.

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Trade Me Property listings

You may supply your REAA number when setting up your Agent or Office Profile. You will be able to view Trade Me Property listings within the Website if:

1. You include your REAA number in the "REAA licence & office details section of Your profile" of the Website,

2. Your REAA number was supplied for property listings on Trade Me Property; and

3. You access OneHub using the same property office account you use to list properties on Trade Me.

Trade Me Property listings will appear within your OneHub account if the information that has been supplied to Trade Me during the property listing process aligns with the information in your OneHub profile.

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Sold Properties

You may upload information into Sold Properties subject to the following (in addition to the rest of these terms and conditions):

1. You have copyright over, or a licence to use, any image uploaded and are legally entitled to grant Trade Me the licence described below. You should get the vendor’s consent if uploading any image of their sold property.

2. You have the vendor’s consent to upload any sale data including a property’s sale date or gross sale price.

3. You will not breach any obligations of confidentiality, or employment, commercial or ethical obligations, through your use of Sold Properties.

4. You will otherwise use Sold Properties responsibly and in accordance with law.

When you upload an image to Sold Properties, you grant Trade Me a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, copy and distribute that image in connection with Trade Me’s products for the purpose of associating the image with a particular address.

Without limiting any licence granted to us in respect of images uploaded to Sold Properties, you allow us to store and use the information you upload to:

1. display information about sold properties on our websites;

2. assist real estate agents to create and curate profiles on our websites which include details of sold properties; and

3. compile and provide aggregated insights about trends in New Zealand property markets.

Trade Me may restrict your access to Sold Properties (or any of its functionality) if you fail to comply with the above Sold Properties terms or we otherwise deem it necessary (in our absolute discretion). Trade Me may remove, change or limit the display of your Sold Properties information on the Website if Trade Me considers the information may be inaccurate or entered into Sold Properties in breach of these terms and conditions.

Trade Me collects information entered into Sold Properties subject to its privacy policy.

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Website reports & dashboards

Trade Me Property Marketing Reports & dashboards (the exact name of these reports may vary) generated within the Website may include insights into the suburb location of listing watchers and potential buyers. These reports & dashboards are generated from data that Trade Me collects about it's members’ activity and listing activity (for example, user generated searches, listing views, watchlists, enquiry, listing information, purchase behaviour) (Shared Data).

Trade Me may aggregate or filter the Shared Data to the extent that it reasonably considers necessary to ensure that the Shared Data:

1. does not reveal personally identifiable information about any individual; and

2. cannot be matched or correlated with any other information to reveal personal information about any individual.

Trade Me will exercise reasonable skill and care to ensure that the Shared Data is based on relevant, up-to-date and available information. However, Trade Me gives no representations or warranties as to the accuracy, completeness, fitness for purpose or merchantability of the Shared Data or the underlying information. Furthermore,Trade Me excludes all liability in relation to any reliance on these Website reports, or the information that is generated as a result of these reports.

Without limiting Trade Me’s rights under this Agreement, Trade Me grants you a non-exclusive, revocable, non-transferable, non-sublicensable, limited, single-use licence in respect of the Shared Data provided that you may use the Shared Data only in accordance with the Purpose described below and provided that such licence will expire on expiry or earlier termination of your Advertising Agreement with Trade Me.

You undertake in respect of all matters arising under or in connection with this Agreement that:

1. you will use the Shared Data only in accordance with the Purpose and will not use the Shared Data for any other purpose;

2. you will store the Shared Data in a safe and secure manner and will not disclose, or allow it to be disclosed, to any third party except to the extent necessary for the Purpose;

3. except where used for the Purpose, you will not:

   1. market, distribute or sell any Shared Data;

   2. market, distribute or sell any product or service created in connection with, or using, any Shared Data; or

   3. otherwise commercialise the Shared Data;

4. you will provide feedback to Trade Me on the usefulness of the Shared Data and any other analytics reasonably requested by Trade Me.

5. you will not do, or attempt to do, anything that does or could re-identify an individual, household or address from the Shared Data;

6. you will not make any representation or statement regarding the Shared Data, its functionality or accuracy or give warranties, guarantees or other representations that are in any way inconsistent with the terms of this Agreement;

7. you will ensure that you use a high standard of data security and data destruction procedures at all times;

8. you will comply with all applicable laws and regulations, including (without limitation) the Privacy Act 2020, and will notify Trade Me immediately in writing upon becoming aware of any actual or potential breach of such laws or regulations related to the Shared Data; and

9. you will ensure that, where applicable, your end-users also comply with the above undertakings (a)-(h).

Exclusions: Trade Me may make any exclusions to the Share Data reasonably considered necessary to protect the privacy of individuals that are identifiable by the Shared Data.

Purpose: In addition to using the Shared Data for your own internal use to understand your performance relative to the market/other agents, you may use the Shared Data for the following purpose of providing services to your users:

• Advising a prospective vendor of potential buyer interest (demand) and similar listing volumes (supply).

Acknowledgement: You must display, and maintain the following proprietary notice on the Shared Data: © Trade Me 2021. Contents not to be copied, distributed or edited without the express written permission of Trade Me.

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Breach

Trade Me may limit your activities on the Website, remove your content, or refuse to provide our services to you if you breach any of these terms and conditions or where Trade Me considers it appropriate.

On receiving a written request from Trade Me, you will grant Trade Me sufficient access to your systems and operations so that Trade Me may audit your use of the Shared Data.

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System Integrity

Trade Me will use its reasonable endeavours to ensure the availability of the Website and related services, subject to any downtime required for maintenance. However, Trade Me takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Website or services being unavailable or for the corruption of any data or information held by Trade Me.

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Indemnity

You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, or arising out of any content you post on the Website.

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Governing Law

These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

 

Last updated - September 2021