Last updated: July 2022
1. Application of Terms
These Terms apply to your use of the Keyhook Platform and Services.
By clicking on the ‘Register’’ button below, you agree to these Terms which will bind you. Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use the Keyhook Platform and Services, and you must immediately stop doing so.
We may need to change these Terms from time to time to reflect changes in law or best practice or deal with additional features which we introduce by posting updates and changes on our website. Unless stated otherwise, any change takes immediate effect. We will endeavour to notify you of any significant changes by sending an email to your registered email. Your continued use of the Platform following the posting of any changes constitutes your acceptance and agreement to the changed Terms.
These Terms were last updated on July 2022.
In these Terms:
4. Your privacy
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Platform or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The Keyhook Platform is free to download and you can register at no cost. In order to access the Platform you must complete the registration. You must notify us if any of the information in your registration changes so that we can keep your information up to date.
Once you have registered you will be given a user ID. You must keep your user ID secure and not permit any other person to use your user ID, including not disclosing or providing it to any other person. You must immediately notify us if you become aware of any disclosure or unauthorised use of your user ID by sending an email to firstname.lastname@example.org.
You may register as a landlord (Landlord) or a tenant (Tenant) of a leased residential property (Property).
Landlords using the Platform for Property Services will be charged fees which are specified on the Platform and further detailed in clause 17.
There is no cost to Tenants (including prospective tenants) to access and use the Platform.
We reserve the right to change the fees, prices and/or pricing structure of our Platform at any time.
7. Update to the Platform and changes to the Service
From time to time we may automatically update the Platform and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Platform for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform and the Services.
8. Acceptable use restrictions
- not use the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any operating system;
- not breach any tenancy laws, including but not limited to the Residential Tenancies Act 1986, Residential Tenancies Amendment Act 2020, Unit Titles Act 2010 and Building Act 2004 and the accompanying regulations;
- not transmit any material that is defamatory, offensive or otherwise objectionable;
- not infringe our intellectual property rights or those of any third party in the Platform and the Services;
- not use the Platform or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running the Platform;
- not send spam or unsolicited messages or other communication including any content that is unlawful, harmful, threatening, abusive, harassing, invasive of another’s privacy, or otherwise objectionable;
- not engage in any other conduct that is improper and brings us or the Platform into disrepute.
- warrant that any information submitted or uploaded on the Platform or the Services is accurate and complete;
- grant us a royalty-free licence to enable us to use the submitted information in connection with the Platform and the Services;
- warrant that you have all necessary rights and consents to grant the licence in sub-clause (b) above.
You acknowledge that we will not review or moderate any information submitted or uploaded on the Platform and you are responsible for ensuring such information is accurate, complete and complies with these Terms and any applicable law.
You acknowledge that we will not review or moderate any information submitted or uploaded on the Platform and you are responsible for ensuring such information is accurate, complete and complies with these Terms and any applicable law.
9. Availability and security
We make reasonable efforts to ensure that the Platform is available to you. However, your access to the Platform may be affected from time to time due to scheduled or unscheduled downtime for maintenance or development, our network capacity, technical issue, or other reasons specified in clause 9.3. If interruptions or errors occur due to circumstances within our control, we will use commercially reasonable efforts to resolve them in a timely manner.
You acknowledge and agree that we shall have no liability for:
- Your use of the internet to connect to the Platform; and
- The hardware (including virus and malicious software) that you use to access the Platform, and the storage of any of your data associated with the Platform that is stored on your device.
We may suspend or cancel your access to the Platform, either temporarily or permanently, by providing notice to you if you are abusive towards us, our employees, contractors or any provider of additional services. We may also temporarily limit or suspend access where it is reasonably necessary (including for security, public safety reasons, data protection or other operational reasons), and where practicable we will notify you in advance.
You must take your own precautions to ensure that how you are accessing the Platform does not expose you to the risk of viruses or other interference which may damage your devices, computer or telecommunications systems. We encourage you to consider installing and using anti-virus and firewall software.
10. Relationship of Keyhook
We provide the Platform and the Services for the purpose of advertising and managing residential tenancies and facilitating maintenance and repairs. We are not, and do not hold ourselves out to be, real estate agents, property managers or tradespeople.
We are not a party to, or bound by, the terms of any contractual relationship or agreement between a property owner/landlord and a tenant, including but not limited to a residential tenancy agreement.
The Platform and the Services are provided for general information purposes only. They do not offer advice on which you should rely. The Platform and the Services are not intended as a substitute for legal or other advice in respect to the relevant property and tenancy laws and we do not warrant that your use of the Platform and Services will make you compliant with the relevant laws. You should seek legal, property, accounting, tax or other advice required in your particular circumstances, in particular the New Zealand tenancy laws. Although we make reasonable efforts to update the information provided by the Platform and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We are not liable for any permanent or temporary interruptions in the use of the Platform or the Services. We do not warrant that the Platform or Services will operate error-free or that the Platform is free of computer viruses, malware, or other potentially harmful or intrusive software. Please back-up content and data used in connection with the Platform to protect yourself in case of problems with the Platform or the Services.
We are not liable or responsible to you or any other person for any claims, demands, costs, losses, damages, expenses, demands and liabilities suffered or incurred under or in connection with the Services, or your access and use of (or inability to access or use) the Services. This exclusion applies regardless of whether the liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise
We are not liable for:
- any dispute that arises between you and the other party to your residential tenancy agreement. We will not intervene in the case of disputes between you and other users of the Platforms and the Services, including any disputes between a property owner/landlord and a tenant; and
- if you are a Landlord, ensuring that you have insurance cover for digital inspections undertaken through the Platform;
- if you are a Landlord, any dispute that arises between you and any third party that has performed maintenance or repairs services (including through the Maintenance Services).
12. Liabilities and indemnity
The Platform has not been developed to meet your individual requirements. Please check that the features, facilities and functions of the Platform and the Services meet your requirements before agreeing to these Terms.
In no event shall we or any of our affiliates be liable for any costs, damages, claims, actual or alleged indirect loss or consequential loss suffered by you, including, but not limited to any loss of profit, savings, business, goodwill or opportunity or loss of publicity arising out of or in connection with your use of the Platform and the Services.
You shall indemnify and hold us harmless from any and against all claims, demands, costs, losses, damages, expenses, demands and liabilities suffered or incurred as a result of a breach by you of these Terms or in connection with, resulting from, or arising out of any and all of your acts or omissions.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation.
Where legislation or rule of law implies a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these Terms. However, our liability for any breach of that condition or warranty is limited, at our option, to:
- supplying the relevant Services again; and/or
13. Suspending or cancelling access
You may cancel the Management Services, subject to clause 17.4, or your use and access to the Platform at any time.
Without prejudice to any other right or remedy available to us, we may end your rights to use and access the Platform and the Services at any time by contacting you if we consider that you have breached any of the provisions in these Terms (including non-payment of our fees)or we otherwise consider it appropriate. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the Platform and the Services:
- you must stop all activities authorised by these Terms, including your use of the Platform and the Services;
- you must delete or remove the Platform from all devices in your possession;
- we may cease providing you with access to the Platform and the Services; and
- you agree to contact your counterparty to the residential tenancy agreement to advise them that you no longer have rights to use the Platform and the Services.
Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 12 (Liability and indemnity), 13 (Suspending or cancelling access), 15 (Intellectual Property), 16 (Miscellaneous) and 19 (Additional terms applicable to the use of Templates) continue in force.
14. Third party services
The Platform or any Service may contain links to other independent sites that are owned and operated by third parties. Such independent sites are not under our control and we are not responsible for, and have not checked and approved their content, terms or their privacy policies.
15. Intellectual property
All intellectual property rights in the Platform and the Services throughout the world are the property of us, our licensors and other providers of such materials which are protected by applicable laws.
You have no intellectual property rights in, or to, the Platform or the Services other than the right to use them in accordance with these Terms. You must not engage in any activity through the Platform that infringes or makes unauthorised use of our or another party’s intellectual property rights.
If we need to contact you, we may do so by email or by posting a notice on the Platform. You agree that this satisfies all legal requirements in relation to written communications.
We may vary, modify or terminate any feature or part of the Platform or the Services (including that we may change, modify or remove the Templates) from time to time without notice or liability to you. Some changes may be to reflect matters of law and so we encourage you to check back regularly to confirm that you are using the latest version of each Template. If you are not happy with any such changes to the Platform and Services, you may cancel in accordance with clause 13.1.
We are not responsible for events outside our control. If our provision of the Services or support for the Platform or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end any of your Property Services with us in accordance with clause 13.1.
We may transfer our rights and obligations under these Terms to another party. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
These Terms do not give rise to any rights under Part 2 of the Contracts and Commercial Law Act 2017 to enforce any term of these Terms.
If a dispute arises between us and you, we and you agree to meet and discuss in good faith with the aim of resolving such dispute arising under or in connection with these Terms within five business days of any such dispute being notified.
These Terms, and any dispute relating to these Terms, the Platform or the Services, are governed by and must be interpreted in accordance with the laws of New Zealand. We and you submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms, the Platform or the Services.
Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For us to waive a right under these Terms, the waiver must be in writing.
These Terms set out everything agreed by the parties relating to your use of the Platform and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Platform and the Services that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
A reference in these Terms to dollars or $ means New Zealand dollars and all amounts payable under these Terms are payable in New Zealand dollars.
An expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency.
17. Additional terms applicable to Landlords
The following additional terms apply to use of the Platform and Services by you as a Landlord:
In relation to your use of the Platform and Services in respect of a Property, you warrant to us that you:
- own the Property; and
- have entered into a legally binding residential tenancy agreement with your Tenant for the Property.
You agree to immediately notify us if there is a change of ownership of the Property, change of Tenant and/or the residential tenancy agreement referred to above comes to an end.
The Platform offers Management Services in consideration for a weekly fee which is specified on the Platform and is payable as specified in these Terms or as we otherwise notify you (Management Fee).
You may cancel the Management Services at any time by providing us with 30 days’ notice. For the avoidance of doubt, the cancellation of the Management Services will not be effective until 30 days after the date we receive the noticeand you will be charged any Management Fees incurred during this 30 day period.
To receive the Management Services, you appoint and authorise us, and we accept the appointment and authority, to:
- receive all moneys due by your Tenant/s;
- deduct the Management Fee from the moneys received from your Tenant/s;
- once moneys from your Tenant/s have cleared in our account and provided you have supplied correct and up to date account details, pay all remaining moneys collected into the account you have provided to us.
You will direct that your Tenant/s make rental payments to us through internet banking unless we agree otherwise with you in writing.
You agree to provideaccurate bank accounts details to us in order to allow us to transfer funds to you and to ensure that your bank account details remain up to date. We will not be responsible if you provide incorrect bank account details to us.
We will endeavour to ensure that funds are transferred within three working days of us receiving rental payment from your Tenant/s.
If your Tenant/s stops making rent payments to us or rent is not being received by us we can refuse to provide you the Management Services.
If we end your rights to use the Platform and the Services you acknowledge that we are not responsible for any loss you incur as a Landlord that may result from ending your rights to use the Platform and the Services.
For the avoidance of doubt, nothing in this clause 17 creates an obligation for us to pay any amount to you unless we have received the relevant moneys from your Tenant/s.
All amounts due under these Terms from you to us shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
The Platform offers Advertising Servicesin consideration for fees which are specified on the Platform (Advertising Fee). Payment of any Advertising Fee is required before any AdvertisingServices are provided.
A Landlord must provide the information listed on the Platform when creating an advertisement for a tenancy of a residential property.
By creating such an advertisement you warrant to us that:
- you are legally entitled to advertise the Property for lease; and
- all information in the advertisement is, and will remain, true, complete and accurate while the advertisement is live on the Platform.
You may remove the advertisement at any time, and must remove the advertisement as soon as practicable after the Property has been leased.
We may remove the advertisement at any time if the advertisement does not comply with applicable law, the advertisement is in breach of these Terms or there are reasonable grounds that the Property is no longer available for lease. You will not be entitled to a refund of the Advertising Fee if the advertisement has been removed for any of these reasons.
You must comply with all applicable laws, including but not limited to the Residential Tenancies Act 1986, the Residential Tenancies Amendment Act 2022, the Human Rights Act 1993 and the Privacy Act 2020, in respect of receiving information from, and determining, prospective tenants.
You may request that we source quotes for a maintenance or repair job in relation to a Property (Maintenance Request) in consideration for certain fees set out within the Platform (Maintenance Fee).We will use reasonable efforts to obtain quotes from suppliers for the Maintenance Request but you acknowledge that actual costs may differ.
We may accept or reject any Maintenance Request in our absolute discretion. We will not accept any Maintenance Requests for renovations.
If you accept a quote from a third-party supplier (Supplier) for the Maintenance Request:
- you consent to your contact details being given to the Supplier;
- you acknowledge that a contract will be formed between you and the Supplier directly and that we are not a party to, or bound by, the terms of any contractual relationship or agreement between a property owner/landlord and a tradesperson;
- you acknowledge that we will collect payment on behalf of the Supplier and you grant us the right to deduct any the costs of the Maintenance Request and our Maintenance Fee (Job Cost) from the rent payments received from your Tenant/s by us on your behalf. If the balance of rental payments received from your Tenant/s by us on your behalf does not cover the total Job Cost, then you grant us the right to deduct the balance owing to us from future rent payments until the total fee outstanding has been paid.
We are not responsible or liable for any loss or damage of any kind incurred as a result of your use of any third party who undertakes a Maintenance Request and you should ensure you read their terms before engaging them to undertake services.
To the maximum extent permitted by law, we give no gives no undertakings, representations, or warranties and exclude all liability in relation to Maintenance Requests, including:
- the accuracy of quotations;
- the skills, qualifications or representations of any supplier of maintenance or repair services;
- the quality of the goods and services that any supplier of maintenance or repair services provides to or performs for you.
18. Additional terms applicable to Tenants
The following additional terms apply to use of the Platform and Services by you as a Tenant:
In relation to your use of the Platform and Services in respect of a Property, you warrant to us that you propose to enter into or have entered into a legally binding residential tenancy agreement with your Landlord for a Property.
You agree to immediately notify us if there is a change of ownership of the Property and/or the residential tenancy agreement referred to above comes to an end.
You acknowledge that your Landlord has appointed and authorised us, and we have accepted the appointment and authorisation to collect all moneys due by you to your Landlord.
You acknowledge that if you make an error in your rent payments to us, you will continue to be responsible for your obligation to pay rent under your residential tenancy agreement and that we are not liable for such erroneous payment.
If we end your rights to use the Platform and the Services you understand that you remain responsible for your obligation to pay rent under your residential tenancy agreement.
You consent to us conducting all relevant background checks on you in relation to a proposed or legally binding residential tenancy agreement, including, but not limited to, reference and credit checks.
You acknowledge that we are not involved in any decision by Landlords to accept or decline prospective tenant applications.
19. Additional terms applicable to the use of templates
The following additional terms apply to your access or use of the Templates:
In this clause 19, Modified Document includes a modified version of a Template and a new work that contains a material part of a Template.
The Templates are provided for guidance purposes only. The Templates are not intended to replace the need for professional advice. In most cases, a Template will need to be modified or adapted to address your specific circumstances. We recommend you seek the help of professional advisors (such as legal, property, accounting or other advisers) if you wish to use or modify any Template. By making the Templates available to you we are not providing you with any regulated services.
You may view, copy, modify or adapt a Template and make Templates and Modified Documents available to third parties subject to your compliance with these Terms.
You must not:
- sell, sub-licence or otherwise deal in or commercialise the Templates or Modified Documents;
- publish any of the Templates or Modified Documents, or make any of the Templates or Modified Documents available for download on any website, software applications or similar service; or
- provide any Templates or Modified Documents to any person to do any of the things prohibited in sub-clauses (a) and (b).
If you provide us with ideas, comments or suggestions (Feedback) relating to the Templates or Platform, all intellectual property rights in that Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications or derivative works), are owned solely by us.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
- any modification or adaptation you make to a Template or Modified Document;
- any Template being unavailable (in whole or in part);
- any information or content contained in a Template, including any error or omission, or information or content that is out-of-date.
The Templates are based on New Zealand law. We make no representation or warranty that the Templates are appropriate or available for use in other countries or that the content satisfies the laws of other countries. You are responsible for ensuring that your access to and use of the Templates is not illegal or prohibited, and for your compliance with applicable local laws.
To the maximum extent permitted by law:
- any implied conditions or warranties (including any warranties under subparts 1 to 6 of Part 3 of the Contract and Commercial Law Act 2017) are excluded and, to the extent that they cannot be excluded, liability for them is limited to NZ$10;
- the parties agree that the Consumer Guarantees Act 1993 does not apply to the supply of the Templates. The parties agree that it is fair and reasonable that the parties are bound by this agreement and in particular this clause.
You shall indemnify and hold us harmless from any and against all claims, demands, costs, losses, damages, expenses, demands and liabilities suffered or incurredas a result of your use of a Template or Modified Document, including any arrangement you enter into using a Template or Modified Document.