While using the Hermitty website (Website) there are some terms and conditions (Terms) that you need to be aware of. By using the Website, you
are deemed to have accepted these terms and conditions and you accept the exclusive jurisdiction on the New Zealand courts for any proceedings
in connection with these Terms.
Hermitty Worldwide Ltd (Hermitty / We) reserve the right, at our discretion, to update or revise these Terms at any time. Changes to these Terms
will take effect immediately once published to the Website. Please check these Terms regularly for modifications and updates. If you continue to
use this Website, this will indicate your acceptance of any such changes.
To create an account with us you must be aged 18 or over.
2. Provision of Services
We provide an online platform for property owners to be introduced to each other in order to swap their respective properties
We shall perform the Services, and users shall pay Hermitty the fees (Fees) in accordance with these Terms.
If a user consists of more than one person, these Terms binds them jointly and each of them severally.
Where a user is a company, partnership, acting as a trustee, or is otherwise a corporate entity (and not a natural person), the person or persons engaging
Hermitty on behalf of the user personally warrant(s) that he, she or they have the power to bind the user, and that the user will perform its obligations
under these Terms.
Every time you use our Services it is deemed to be reconfirmation of your agreement to the Terms.
3. Fees and Payment
The user will pay the fees due to Hermitty as required by the Website in order to complete the introduction process to another user or that user's home (as the case may be).
Users agree not to seek to circumvent the obligation to pay a Fee by seeking an introduction via other means or otherwise.
4. Your Obligations
As a user of the Website you must:
Comply with these Terms;
Make sure all information that you supply us is current, complete, accurate and provided in a timely manner;
Comply with all applicable laws, regulations, standards and codes;
Ensure that any listing and communications made by you through the Website are in good faith;
Not damage or disrupt the Website, Services and content or attempt to do so;
Ensure you have the legal right to list the property;
Ensure you have the legal right to transact a property;
List the property price in New Zealand dollars;
Ensure that you seek accounting and legal advice in relation to any aspects relating to transacting property. We note that all tax obligations are the
responsibility of the property owner; and
When swapping property, you must not mislead any potential home swapper as to the value and the condition of the property
5. Intellectual Property
Hermitty Intellectual Property means all intellectual property and proprietary rights (whether registered or unregistered) owned by Hermitty
prior to performance of the Services, developed by Hermitty in performance of the Services or developed by Hermitty outside of, or after, performance
of the Services, and without limitation includes business names, trade or service marks, any right to have information (including confidential information)
kept confidential, patents, patent applications, drawings, concepts, files, discoveries, inventions, improvements, trade secrets, technical data, formulae,
databases, know-how, logos, designs, design rights, copyright, manuals, protocols, procedures, manuscripts or documentary records, code, software, whether in
print form or electronically and similar industrial or intellectual property rights.
All Hermitty Intellectual Property will remain the property of Hermitty.
Hermitty shall retain all rights to use any intellectual property that might belong to a user (including copyright in any photographs, drawings, written
content, profiles, technical data, designs that might be submitted or uploaded to the Website) for its own purposes.
6. Liability and Limitation
Hermitty shall not have any liability or responsibility to the user for any loss which does not flow directly or naturally (i.e. in the ordinary course of
things) from a breach of these Terms including, in each case consequential loss of business or profits or other loss.
Without limiting clause 6.1 in any way, under no circumstances shall Hermitty be held liable for any delay or failure in performance resulting directly
or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages
of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance
of third parties, or loss of or fluctuations in heat, light, or air conditioning.
7. Suspension and Termination
Hermitty may suspend its obligation to supply the Services if a dispute is raised in accordance with clause 9, until that dispute has been resolved, or if Hermitty
has notified the user that the user has breached these Terms, and the user has failed to remedy that breach.
Hermitty may suspend its obligations to supply the Services if the user has not paid their Fees.
Hermitty may immediately terminate its agreement with a user pursuant to these Terms by providing a written termination notice to the user.
8. Force Majeure
Either party may suspend its obligations under these Terms if it is unable to perform as a direct result of a war, riot, strike, natural or man-made
disaster or other circumstance of a similar nature (Force Majeure Event). Any such suspension of performance must be limited to the period during
which the Force Majeure Event continues.
Where a party’s obligations have been suspended pursuant to clause 8.1 for a period of 30 days or more, the other party may immediately terminate the
agreement pursuant to these Terms by giving notice in writing to the other party.
9. Dispute Resolution
Where any dispute arises between the parties concerning these Terms or the circumstances, representations, or conduct giving rise to the agreement, no
party may commence any court or arbitration proceedings relating to the dispute unless that party has complied with the procedures set out in this clause.
The party initiating the dispute (the first party) must provide written notice of the dispute to the other party (the other party) and nominate in that
notice the first party’s representative for the negotiations. The other party must within seven days of receipt of the notice give written notice to the
first party, naming its representative for the negotiations. Each representative nominated shall have authority to settle or resolve the dispute.
If the parties are unable to resolve the dispute by discussion and negotiation within 14 days of receipt of the written notice from the first party, then the parties
must immediately refer the dispute to mediation.
The mediation must be conducted in terms of the LEADR New Zealand Inc Standard Mediation agreement. The mediation must be conducted by a mediator at a fee agreed by
the parties. Failing agreement between the parties, the mediator shall be selected and his or her fee determined by the Chair for the time being of LEADR New Zealand Inc.