WEBSITE TERMS OF USE

1. ABOUT THESE TERMS

These Website Terms of Use (“Terms”) apply to the website operated by Hillside Property Management Limited (“Hillside”, “we”, “us”, or “our”).

By accessing or using this website, you agree to these Terms. If you do not agree, you should not continue to use the website.

These Terms govern use of the website only. Property management services, tenancies, and other services are governed by separate agreements and applicable New Zealand law.

2. NO PROPERTY MANAGEMENT RELATIONSHIP

Accessing this website, contacting Hillside, requesting a rental appraisal, or submitting an enquiry does not create:

• A property management relationship
• A landlord and tenant relationship
• An agency, fiduciary, advisory, or professional-client relationship
• An obligation for Hillside to accept an instruction, property, landlord, tenant, or application
• A binding agreement to provide services

A property management relationship will only begin when Hillside and the property owner have entered into a separate Property Management Agreement.

If these Terms conflict with a signed Property Management Agreement, tenancy agreement, or other written agreement, that separate agreement will apply to the relevant services or relationship.

3. GENERAL INFORMATION ONLY

Website content is provided for general information purposes.

It does not constitute:

• Legal advice
• Financial or tax advice
• Accounting advice
• Investment advice
• Insurance advice
• Property valuation advice
• Advice tailored to a person’s individual circumstances

Property, tenancy, tax, and other laws may change. Individual circumstances can also produce different outcomes.

You should obtain appropriate independent professional advice before making a legal, financial, investment, property, or taxation decision.

4. ACCURACY OF WEBSITE INFORMATION

We take reasonable care when preparing and maintaining website content. However, information may occasionally become incomplete, out of date, or inaccurate.

To the extent permitted by law, we do not represent that:

• Every page will always be complete or current
• Information will be suitable for every person or property
• Every error will be identified immediately
• Website content will reflect every recent legal or market change

We may correct or update website content when an error or change is identified.

Nothing in this section limits our obligations under the Fair Trading Act 1986 or any other law that cannot be excluded.

5. SERVICES AND PRICING

Descriptions of property management services on this website provide a general summary of the services Hillside may offer.

The precise services, responsibilities, exclusions, fees, authority limits, and termination provisions will be set out in the applicable Property Management Agreement.

Any website pricing, fee, promotion, or service description:

• Is subject to the qualifications stated on the relevant page
• May be changed for future clients
• Does not create a binding quote or offer by itself
• May depend on the property, location, requested services, and individual circumstances
• Will be confirmed before a Property Management Agreement is entered into

We will not retrospectively change fees under an existing signed agreement unless the agreement or applicable law permits the change.

6. ENQUIRIES AND INFORMATION SUBMITTED

When submitting an enquiry or other information through the website, you must:

• Provide information that is accurate to the best of your knowledge
• Only provide information you are authorised to provide
• Not impersonate another person
• Not submit unlawful, misleading, abusive, defamatory, or malicious content
• Not upload malware or material designed to interfere with the website
• Avoid providing sensitive personal information unless it is specifically requested and reasonably necessary

Submitting an enquiry does not guarantee that Hillside will respond within a particular timeframe, provide an appraisal, accept a property, offer a tenancy, or enter into an agreement.

Personal information submitted through the website will be handled in accordance with our Privacy Policy and any collection-specific privacy notice displayed with the relevant form.

7. RENTAL APPRAISALS

Any rental appraisal, rental range, or market commentary provided through or following an enquiry is indicative only unless expressly stated otherwise in writing.

Rental appraisals are not registered valuations or guarantees of:

• The rent that will ultimately be achieved
• The time required to secure a suitable tenant
• Future rent increases
• Continuous occupancy
• Tenant performance
• Future market conditions
• Investment returns

Actual rent and leasing outcomes may be affected by the property’s condition, location, presentation, legal compliance, market supply and demand, seasonal conditions, tenant demand, and other circumstances.

8. WEBSITE CALCULATORS AND ESTIMATES

Any calculator, projection, or estimate displayed on the website is provided as a general illustration only.

Results depend on the information entered and the assumptions used. They are not a quote, financial forecast, tax calculation, property valuation, or guarantee of actual income.

Actual landlord income and expenses may be affected by matters not included in a website calculation, including:

• Vacancy periods
• Rent arrears or unpaid amounts
• Maintenance and repair costs
• Insurance
• Rates and other property expenses
• Compliance work
• Tribunal or legal costs
• Changes in rent
• Changes in Hillside’s fees
• Tax and GST treatment
• Tenant-related loss or damage
• Other unforeseen costs

Users should independently check calculations and obtain financial, accounting, tax, legal, or investment advice where appropriate.

9. NO GUARANTEE OF PROPERTY OUTCOMES

Property ownership, renting, and investment involve risks outside Hillside’s control.

Except for obligations contained in a signed agreement or imposed by law, Hillside does not guarantee:

• Continuous tenancy or occupancy
• A particular rent or investment return
• That a tenant will comply with every obligation
• That rent will never be late or unpaid
• That a property will not be damaged
• That maintenance issues will not arise
• That every dispute can be avoided
• That a particular Tribunal or legal outcome will be achieved
• That market conditions will remain unchanged

Nothing in this section reduces Hillside’s obligation to carry out agreed services with the standard of care required by the applicable agreement and New Zealand law.

10. ACCEPTABLE USE

You may use this website for lawful, personal, or legitimate business purposes connected with learning about Hillside or making an enquiry.

You must not:

• Use the website for an unlawful, fraudulent, or harmful purpose
• Attempt to gain unauthorised access to the website, server, accounts, or connected systems
• Interfere with the website’s security, operation, performance, or availability
• Introduce viruses, malicious code, automated attacks, or harmful technology
• Impersonate Hillside or falsely suggest an association or endorsement
• Harvest personal information from the website
• Systematically scrape, copy, extract, or republish website content without permission
• Use automated systems in a manner that places an unreasonable load on the website
• Circumvent access restrictions or security controls
• Use website content to create a competing service or misleading representation
• Frame or reproduce the website in a way that misrepresents its source

Normal indexing by legitimate search engines is permitted.

We may restrict or block access where we reasonably believe these Terms, the law, or website security have been breached.

11. INTELLECTUAL PROPERTY

Unless otherwise stated, the website and its content are owned by or licensed to Hillside.

This includes:

• The Hillside name and logo
• Branding and graphic elements
• Text and written resources
• Photographs and images
• Website design and layout
• Documents, guides, calculators, and other original material
• Software and website components

You may view the website and print or save reasonable extracts for personal, non-commercial use.

You must not copy, modify, reproduce, publish, distribute, sell, license, commercially exploit, or create derivative material from website content without prior written permission, except where permitted by New Zealand law.

Third-party trademarks and content remain the property of their respective owners.

12. THIRD-PARTY WEBSITES AND SERVICES

The website may contain links to third-party websites, portals, software, or services.

Links are provided for convenience and do not necessarily mean that Hillside endorses or controls the third party.

Hillside is not responsible for:

• Third-party content, availability, or security
• The accuracy of information published by a third party
• A third party’s privacy or data-handling practices
• Goods, services, advice, or representations provided by a third party
• Loss caused by a user’s separate dealings with a third party

Use of a third-party website or service may be governed by that provider’s own terms and privacy policy.

13. WEBSITE AVAILABILITY AND SECURITY

We aim to keep the website available and secure, but we do not guarantee uninterrupted or error-free operation.

The website may be unavailable because of:

• Maintenance or updates
• Hosting or network failure
• Cybersecurity incidents
• Third-party service failure
• Events outside our reasonable control

We may change, suspend, restrict, or discontinue website functionality where reasonably necessary.

Users are responsible for maintaining appropriate security and backups on their own devices. We do not guarantee that every file, communication, or website component will always be free from harmful code, although we will take reasonable security precautions.

14. PRIVACY

Use of this website is also governed by our Privacy Policy.

Our Privacy Policy explains how we collect, use, disclose, store, and protect personal information in accordance with the Privacy Act 2020.

15. LIABILITY AND STATUTORY RIGHTS

Nothing in these Terms excludes, restricts, or modifies:

• Rights or remedies under the Consumer Guarantees Act 1993 where that Act applies
• Obligations under the Fair Trading Act 1986
• Obligations under the Privacy Act 2020
• Liability that cannot lawfully be excluded or limited
• Any other mandatory right or remedy under New Zealand law

To the maximum extent permitted by law, Hillside is not responsible for loss arising solely from:

• A user’s unreasonable reliance on general website information without obtaining appropriate advice
• Inaccurate information entered into a website calculator
• Third-party websites, content, software, or services
• Unauthorised or unlawful use of the website
• A failure by the user to take reasonable device or security precautions
• Website interruption caused by circumstances outside our reasonable control

This limitation does not apply to the extent that loss is caused by Hillside’s negligence, wilful misconduct, breach of an applicable agreement, breach of statutory obligations, or other liability that cannot lawfully be excluded.

Liability relating to property management services will be governed by the applicable Property Management Agreement and New Zealand law, rather than these website Terms.

16. CHANGES TO THE WEBSITE

We may add, remove, correct, or update website content and functionality.

Changes to website descriptions or prices will apply prospectively and will not automatically amend an existing signed agreement.

We may also update these Terms. The updated version will be published on this page with a revised “Last updated” date.

Where a change to these Terms is material, we will take reasonable steps to provide a prominent notice on the website. Continued use of the website after updated Terms are published constitutes acceptance of the updated Terms.

17. SEVERABILITY AND WAIVER

If any part of these Terms is held to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply.

If Hillside does not immediately enforce a provision of these Terms, that does not mean Hillside has waived the right to enforce it later.

18. NEW ZEALAND LAW

These Terms are governed by New Zealand law.

The courts of New Zealand will have jurisdiction over disputes arising from these Terms or use of this website, subject to any mandatory legal rights or dispute-resolution processes that apply.

19. CONTACT

Questions about these Terms can be sent to: