Terms & Conditions

Propd Terms and Conditions

  1. Definitions: -

 

‘Landlord’ – an authenticated Propd user leasing their property through  www.propd.co.nz

 

‘Tenant’ – an authenticated Propd user who occupies a property rented from a Landlord through www.propd.co.nz 

 

‘Property Manager’  - an authenticated Propd user  who manages a Landlords property on behalf of them through www.propd.co.nz 

 

‘User’ – either a Landlord, Tenant, or Property Manager with a registered Propd account.

 

‘Terms and Conditions’ – refers to these terms and conditions and includes all other propd policies (refunds policy, trade policy and privacy policy)

 

‘Website’ www.propd.co.nz

 

 

  1. Welcome  

This website, https://propd.co.nz/ (“website”), is owned, operated and maintained by Propd Ltd. (“Propd”), a company registered in New Zealand (Company Number: 6013004)

 

Hello and welcome to Propd - we have a vision to make renting easy for Landlords and Tenants.

 

We provide a platform where Landlords, Tenants and property managers can advertise, lease, and manage all aspects of a residential property contract.

 

We advise that you read these Terms and Conditions and all other Propd policies carefully, to ensure you have a safe and pleasant experience using our website. All other Propd policies including our Privacy Policy form part of these terms and conditions.

 

  1. Services Provided by Propd

Propd:

  1. Provides and prepares Residential Tenancy Agreements to prospective Tenants and property owners in accordance with the Residential Tenancies Act 1986 when a property owner agrees to let a property to a prospective Tenant
  2. Conducts background, credit, and tenancy checks on prospective Tenants upon request, on behalf of property owners or Tenants
  3. Allows prospective Tenants to make applications to lease listed properties through the Propd website
  4. Allows prospective Tenants to view listed properties on the propd.co.nz
  5. Allows property owners to list their properties for lease on propd.co.nz
  6. Allows Tenants to manage their tenancy with property owners through the same website portal
  7. Enables property owners to self-manage a tenancy of a residential property

 

  1. Accepting our terms and conditions

 

  1. If you continue to use our website after any amendment to the terms and conditions or any other Propd policy, this implies you consent to the changes and you continue to be bound by our terms and conditions and all other Propd policies
  2. Propd can occasionally change these terms and conditions. Any notice of changes to our website will be sent via email or displayed on the website. If you have any issue with the changes made to our terms and conditions, feel free to contact us
  3. Propd created these terms and conditions for the safety and security of Propd users. These terms and conditions are provided to allow registered Propd users to use our website and the services Propd offer with peace of mind. When you register with Propd, it is implied that you accept these terms and conditions

 

  1. General Propd Terms

 

  1. The laws of New Zealand govern these terms and conditions and other Propd policies. These terms and conditions are subject to the non-exclusive jurisdiction of the Courts of New Zealand
  2. All undertakings on our website including communication and dealings with all users, are in good faith
  3. If any portion of these terms and conditions or any other Propd policy is deemed to be unenforceable for any reason, the remainder of these terms and conditions and other Propd policies are to remain valid and enforceable
  4. Propd from time to time will send out communications via email relating to all aspects of Propd services we offer on our website. We will provide clear instructions on how to unsubscribe from any such communication

  

  1. Limitations on Propd liability
  1. The extent of Propd liability is absolutely excluded in regards to all damages and losses you incur as a result of the actions or behaviour of any other Propd user, or any user of our website. Including any consequential or incidental loss that you may incur
  2. Propd is not accountable for enforcing any rights or actions you may have against a Tenant, Landlord or property manager
  3. Propd remains completely separate from any contract or dealings between the Landlord/property manager and Tenant and has no responsibility whatsoever to become involved in any dispute that may arise
  4. Our website is a platform where a Landlord or property manager can lease a property to a Tenant. Propd accepts absolutely no liability for any part of the contract between the Landlord/property manager and the Tenant. Propd does not participate in the transaction in any way and does not act as an agent for either party

 

 

6. Propd disclaimers  

 

  1. Propd uses Stripe, a reputable external third party to process all our credit/debit card transactions. All credit card data is held externally. Propd is not accountable for protecting our members from credit card fraud. Propd does use an SSL certificate to encrypt form data that gets sent to us. If you have any concerns about how your credit card information is stored and kept secure, please contact us
  2. Propd will use space on particular areas of our website for advertising. Any liability for all advertising that appears on our website rests only with the advertiser. Any advertising that may occur on our website does not register a formal connection or endorsement of any kind between Propd and the advertiser
  3. Propd is excluded from any liability for any information provided by a Landlord/property manager in regards to dwelling description
  4. When a contract is accepted by both Landlord/property manager and Tenant the contract is exclusively between them only
  5. When you enter into dealings with other Propd user, this is done entirely at your own risk. Propd takes no liability for any fraudulent activity or misconduct you may be a victim of, because of the behaviour or actions of any of our users, or anyone else using our website

 

  1. Legal Compliance

 

  1. Propd endeavours to fully comply with any relevant New Zealand laws governing the provision of its services, including:
  • Consumer Guarantees Act 1993
  • Fair Trading Act 1986
  • Privacy Act 1993
  • Commerce Act 1986

 

  1. Landlords and Tenants must comply with the terms of the agreement between them, which may include, but are not limited to, the following laws:
  • Residential Tenancies Act 1986
  • Unit Titles Act 2010
  • Building Act 2004
  • Consumer Guarantees Act 1993
  • Fair Trading Act 1986
  • Privacy Act 1993
  • Human Rights Act.

 

  1. Propd will provide information to Landlords, Tenants, and prospective Tenants to help them comply with some of their obligations arising under the laws listed above. However, responsibility for compliance ultimately remains with the Landlord and Tenants. Landlords and Tenants should review the relevant laws and regulations for their property type and local area, including local government planning regulations, and seek independent legal advice or other professional advice before leasing their property

 

  1. Privacy
  1. The relevant terms of use relating to privacy are contained in the Propd Privacy Policy. The Privacy Policy should be read in conjunction with these Terms of Use

 

  1. Propd user account registration

 

  1. If you do not pay the Propd fee for whatever reason, Propd has the right to take action against you to recover the outstanding debt. Legal and other costs associated with this action that Propd incurs during this entire process will be your responsibility
  2. If your credit/debit card payment does not process, you must rectify this immediately
  3. Propd will transfer fees via Braintree in accordance with these terms and conditions
  4. As all transactions are handled via Stripe, Propd will not hold any users personal card information.
  5. Propd use Stripe to process our fees. All transactions are processed by Stripe. If you have any queries or questions surrounding the processing of your transaction please contact us
  6. As all Propd’s services are based online our users may only pay fees by way of credit/debit card. It is from this card that Propd members must pay all fees
  7. Maintaining your Propd membership account
  8. If Propd becomes aware of any matters of your background or history that are deemed to put the safety or security of Propd user at risk, after your account is registered, Propd reserve the right to suspend or terminate your membership, entirely at our discretion
  9. You must not engage in any activity that is fraudulent or that has the intention to deceive Propd or any other user of our website
  10. Anyone trading in any manner that would be construed as running a business activity must adhere to the Fair Trading Act 1986, Consumer Guarantees Act 1993 and other applicable New Zealand fair-trading rules and practices
  11. You must adhere to New Zealand law at all times when using our website
  12. You may not use our website for any illegitimate, illegal or immoral purpose that will cause harm or loss to Propd, Propd members or anyone else using the website
  13. By registering as a Propd user you are agreeing to abide by Propd terms and conditions and all other Propd policies
  14. Each person may only have one Propd account
  15. It is the responsibility of Propd users to keep their personal details up to date.
  16. When you provide Propd with personal information you guarantee to Propd that this information is true and correct
  17. You must be at least 18 years of age to register with Propd
  18. You must be able to enter into a contract that is legally binding and enforceable to become a Propd user
  19. Creating a Propd account is free for individuals
  20. You become a Propd user when you complete registration. Propd may use several methods to help us identify you and other Propd users. We may utilise social networking services to aid us in identifying you for safety and security purposes

 

  1. 10.Propd account suspension or termination

 

  1. If you close your account Propd will retain the records of your account history to maintain the integrity and safety of our website
  2. Upon closure of your Propd account, either voluntarily or by termination, your ability to use the services of our website will end. If you continue to use the site in any way these terms and conditions and other Propd policies will still apply to you
  3. You may close your Propd account by clicking on the appropriate link. Please allow us five business days to close your account
  4. If at any stage you as a Propd member enter into behaviour that we deem unacceptable we reserve the right to suspend or terminate your account.  This extends to complaints about behaviour that Propd may receive
  5. If you create an account under a false identity Propd reserves the rights to suspend or terminate your Propd account
  6. Propd may suspend or terminate your Propd account if we receive complaints about your use of our website
  7. Propd reserves the right to suspend or terminate your Propd account without formal process or discussion
  8. If you breach these terms and conditions or any of our Propd policies, Propd reserves the right to limit your use of membership and our website. Any breach that occurs Propd will issue you with a warning or in more severe cases suspend or terminate your Propd account

 

  1. 11.Propd Fees 

 

  1. Propd members must not make any attempt to bypass or avoid incurring Propd fees. Propd reserve the right to either suspend or terminate your membership on evidence of this
  2. Any taxation or accounting obligations that arise as the result of using the Propd services of our website are solely the responsibility of the Landlord
  3. All listings must be made in New Zealand dollars and inclusive of GST
  4. All Propd fees are GST inclusive and listed in New Zealand currency
  5. Propd reserves the right to change our fees charged for services offered on any part of our website at any time

 

  1. 12.Your responsibilities as a Landlord on Propd

 

  1. As a Landlord you will not interfere with the supply of any services to the premises except where the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out
  2. As a Landlord you can’t base your decision on who to rent to, or on whether to continue a tenancy, if it would be a breach of the Human Rights Act
  3. As a Landlord you will ensure that you keep all personal information about your Tenant private, this includes any information gathered from Tenant checks
  4. As a Landlord you need to ensure the dwelling is reasonably secure and ensure a level of security for the Tenant
  5. Working smoke alarms or detectors are compulsory in all rental homes
  6. Landlords need to provide and maintain their rental properties in a reasonable state of repair. This means making sure they’re safe and healthy to live in
  7. As a Landlord you will respect the privacy of any Tenant. This includes not entering the property without notifying the Tenant 24 hours in advance for maintenance repairs and 48 hours for an inspection
  8. As a Landlord you agree not to use the platform to generate interest or further enquiries in respect of properties not listed on the platform by the Landlord 
  9. The Landlord will provide clear, accurate and up-to-date information about a property it advertises on the platform, including but not limited to information about rent payments, location, fixtures, furniture, number of permitted Tenants and rental period. Such information must remain correct at all times 
  10. As a Landlord you acknowledge that Propd is not responsible or liable for the conduct of any prospective or actual Tenant, and has no obligation to manage, reinstate or repair any property let by the Landlord
  11. Propd does not provide legal advice and is not in any respect a legal advisor to you as the Landlord
  12. As the Landlord you undertake to check and review the tenancy agreement before you or the prospective Tenant sign it. You agree to make whatever amendments are required to reflect the true nature of the proposed agreement, Landlord, Tenant, or property
  13. As a Landlord you accept that any decision to let a property to a particular Tenant is made solely by the Landlord without reliance on any representation, warranty or statement from Propd
  14. Subsequent communication with the Tenant after accepting them should be timely
  15. You must own all rights to images you upload with your listing. Propd accepts no responsibility or liability for any image that may breach copyright or intellectual property
  16. Propd does not check and filter the content of every property description that is posted. Propd therefore reserves the right to suspend or take down a listing that it deems inappropriate, breaches these terms and conditions, or any other Propd policy
  17. As the Landlord you will comply with the terms of a tenancy agreement entered into with a Tenant introduced via the Propd platform
  18. As the Landlord you will ensure the property you are leasing has obtained, and will maintain, all licences and consents from the relevant local authority to enable the property to be lived in. If we are made aware that you do not have the necessary consents and/or permissions in respect of the property, we reserve the right to inform the relevant local authority and/or existing or potential Tenants
  19. As the Landlord you own or have authority from the owner of to lease the property which you are advertising on the platform
  20. As a Propd Landlord, your property must be located in New Zealand. Anyone from outside New Zealand will be prohibited from listing their property on Propd

 

  1. 13.Your responsibilities as a Tenant on Propd

 

  1. As a Tenant entering into a tenancy agreement with a Landlord via Propd you will not:
    1. 13.12.1.Withhold rent if the Landlord cannot get repairs done
    2. 13.12.2.Damage or permit damage to the premises
    3. 13.12.3.Disturb the neighbours or the Landlord’s other Tenants
    4. 13.12.4.Alter or attach anything to the premises without the Landlord’s written consent
    5. 13.12.5.Use the property for any unlawful purpose
    6. 13.12.6.Exceed the maximum number of occupants as stated in the tenancy agreement 
  2. As a Tenant entering into a tenancy agreement with a Landlord via Propd you will:
    1. 13.11.1.Pay the rent on time as per the tenancy agreement
    2. 13.11.2.Keep the premises reasonably clean and tidy
    3. 13.11.3.Notify the Landlord as soon as any repairs are needed
    4. 13.11.4.Use the premises principally for residential purposes
    5. 13.11.5.Pay for outgoings they actually consume or use, such as: electricity, gas, telephone charges and metered water
    6. 13.11.6.Notify the Landlord as soon as possible if any damage occurs
    7. 13.11.7.Leave the property clean and tidy, and clear of rubbish and possessions at the end of the tenancy
    8. 13.11.8.At the end of the tenancy, leave all keys and such things with the Landlord. Leave all chattels supplied with the tenancy
  3. If you are accepted to a tenancy and then withdraw from the application without explanation you may have your account suspended, at the discretion of Propd 
  4. You are entitled to access your credit information held by Centrix
  5. Centrix takes reasonable steps to protect the credit information its holds against loss, unauthorised access, use, modification or disclosure and any other misuse
  6. Centrix will keep credit information for no longer than required for consumer credit reporting business, but for no longer than the specified retention periods in the Code
  7. The information Centrix collects includes credit applications, defaults, insolvencies, judgments, company shareholding/directorships and periodic payments
  8. Centrix only collect credit information for the purpose of operating consumer credit reporting business
  9. Propd uses a third party company ‘Centrix’ for credit and background checks. By accepting these terms and conditions you are also agreeing for the use of your details to collect the necessary information
  10. Whilst we attempt to verify basic information in relation to properties listed on our platform it is your responsibility to check, confirm and satisfy yourself as to the accuracy of other information provided by the Landlord relating to a property
  11. As a Tenant you will abide by the terms of a tenancy agreement entered into with a Landlord introduced to via the platform
  12. As a Tenant of any property you are introduced to via the Propd platform you will abide by all applicable laws and regulations with respect to activities under these Terms

14.Propd website security 

 

  1. The purpose of the Document Storage service is to provide a single, easily-accessible location for all documents and images that relate to the management of a tenancy managed through Propd. The service is accessible to both the Landlord and Tenant for each tenancy managed through Propd
  2. Only digital formats of documents or images that may be uploaded to the Document Storage service are:
    1. 14.8.1.PDF (portable document format)
    2. 14.8.2.Images (JPEG, PNG, or similar)
  3. Propd will endeavour to provide Tenants with access to the Document Storage service 24 hours, 7 days a week
  4. You must keep your account details, which includes your password details, secure at all times. You must notify Propd immediately if:
    1. 14.6.1.There is a breach of security of any of your account details
    2. 14.6.2.You suspect that there has been a breach of security of any of your account details
    3. 14.6.3.You suspect there has been unauthorised access to your account
  5. Propd is not responsible or liable for events affecting our website that occur above and beyond the normal scope of our operation
  6. Propd is not liable for any exploitation of information or data from our website
  7. Any unauthorised use of Internet hacking tools to gather Propd information or data on the website is strictly prohibited
  8. You may not use any method, device or otherwise to access information held on Propd for any purpose whatsoever
  9. You must not interfere in any way with the operations of the Propd website

 


15. Propd indemnity

 

  1. Propd indemnity extends to the inability of Propd members to abide by a tenancy agreement or any dealings between Landlords and Tenants. This includes any activity on Propd’s website
  2. Everyone that uses Propd’s website agrees to indemnify Propd against all actions resulting from an inability to follow Propd’s terms and conditions or any other policy

 

If you have any questions regarding the Propd terms and conditions or any other Propd policies, please contact us.