POCKET AGENT APP
TERMS OF USE

 

These terms of use govern your use of the Pocket Agent application (the app). By using the app, you accept these terms of use in full.   If you disagree with these terms and conditions or any part of these terms of use, you must not use the app. 

 

License to use the app

Unless otherwise stated, Pocket Agent owns the intellectual property rights in the app and material on the app.  Subject to the license below, all these intellectual property rights are reserved.

 

Free app

The app and property appraisals are provided free of charge to you. Pocket Agent selects licensed real estate agents (appraisers) based on a range of factors including the appraiser’s proximity to your property and local market knowledge, Pocket Agent’s assessment of the appraiser (using publicly available information, ratings and reviews) and any specific features of your property. Pocket Agent is paid a finder’s fee if an appraiser subsequently sells or lets your property for you. 

 

Property appraisals

The app provides a way for you to request a free property appraisal from a licensed real estate agent. Pocket Agent has no involvement in preparing the contents of the appraisal and has no responsibility for the actions of any appraiser. An appraisal is not a not a professional valuation and is subject to any disclaimers or conditions provided by the appraiser. You are under no obligation to enter into a business relationship with any appraiser. 

 

Acceptable use

You may only use the app to obtain an appraisal for a property that you own in New Zealand. You must not use the app to obtain an appraisal for a property owned by any other person or enter any other person’s personal details into the app. You must not use the app in any way that causes, or may cause, damage or a nuisance to any person, which may breach another person’s privacy, confidentiality or intellectual property rights or in any way which is unlawful, illegal, fraudulent or harmful, or has an unlawful, illegal, fraudulent or harmful purpose.

 

You must not use the app to transmit any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

Pocket Agent may disable your access to the app without notice or explanation if it reasonably believes that you are breaching these terms.

 

User content and personal information

In these terms and conditions, “your user content” means material (including data, text and images) that you submit through the app.

 

You grant to Pocket Agent a non-exclusive, royalty-free license to use your user content to obtain an appraisal of your property from one or more licensed real estate agents. Pocket Agent may also use your contact details to send you marketing material and offers from its business partners. 

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Pocket Agent or a third party (in each case under any applicable law).  

 

No warranties

The app is provided “as is” without any representations or warranties, express or implied.  Pocket Agent makes no representations or warranties in relation to the app or the content of the appraisals that are provided by licensed real estate agents. An appraisal cannot be relied upon as a valuation of your property for any purposes.  

 

If you require advice in relation to the value of your property you should consult an appropriate professional.

 

By using the app, you understand and agree that Pocket Agent is not a licensed real estate agent and provides no real estate agency work. By using the app you may be introduced to appraisers who are licensed real estate agents. Pocket Agent does not control or supervise any such appraisers and is not responsible for their actions.

 

Exclusion of liability

You use the app at your own risk. To the extent permissible by law, Pocket Agent will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to your use of, or otherwise in connection with, the app in any circumstances. 

 

Unenforceable provisions

If any provision of these terms of use is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the app disclaimer.

 

Variation

Pocket Agent may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of the app from the date of the publication of the revised terms and conditions.  Please check this page regularly to ensure you are familiar with the current version.

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

 

Entire agreement

These terms and conditions constitute the entire agreement between you and Pocket Agent in relation to your use of the app, and supersede all previous agreements in respect of your use of the app.

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of New Zealand, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New Zealand.

 

The full name of Pocket Agent is Pocket Agent Limited. Pocket Agent is registered in New Zealand with NZBN 9429045845390.  

 

You can contact Pocket Agent by email to [email protected]