|
|
Terms & Conditions
|
By completing the registration process, you agree to the terms of this member's agreement, just as if you had signed the member's agreement. If you do not wish to be bound by this Membership Agreement, please do not complete the enrolment process. Agreement is between user and PropertyReturns. This Web site (the "Web site") is offered to you (hereinafter referred to as "member") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. The right to use this Web site and any other product or service offered by PropertyReturns ("PropertyReturns"), is personal to the member and is not transferable by assignment, sublicense, or any other method to any other person or entity.
This Agreement and any operating rules for this Web site and the discussion forums established by PropertyReturns constitute the entire agreement of the parties with respect to the subject matter hereof. This Agreement shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal importance.
|
Table of Contents:
Being A Member
- Member Information
- Password Disclosure
- Personal & Commercial Use
- Nature of Service
- Disclaimer of Warranties and Limitation of Liability
- Indemnification
- Links to Third Party Sites
Discussion Forums
- Discussion Forum Disclaimer
- Discussion Forum Content
- Our Contribution to Discussion Forums
- Discussion Forum Terms of Service Violations
- Discussion Forum Guidelines
- Disclaimer
Copyright and Limitations on Use
- Our Work is Copyrighted
- Copyright Infringement
Legal Information
- Trademarks
- Modification of These Terms & Conditions
- Termination
- Equipment
Being A Member
Member Information
No member may:
- Select or use a user name, discussion forum name or email address of another person with the intent to impersonate that person
- Use a user name or discussion forum name in violation of the intellectual property rights of any person
- Use a user name or discussion forum name that PropertyReturns, in its sole discretion, deems offensive.
Password Disclosure
Member acknowledges that his or her right to use this Web site and other products or services offered by PropertyReturns is personal to member and is not transferable by assignment, sublicense, or any other method to any other person or entity. Any attempt to transfer member's right to use this Web site is void and shall constitute a breach of this Agreement.
Member shall take any and all actions necessary to maintain the privacy of his or her password. In the event a member has reason to believe that a third party has access to a member's account, the member shall promptly change account password by going to Change Password and following the directions listed and, if any such problem persists, notify PropertyReturns.
Personal & Commercial Use
This Web site is for member's personal and/or commercial use. Member may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.
Nature of Service
PropertyReturns is neither an investment advisory service nor an investment advisor. We are not investment advisors and do not purport to tell people, or suggest to people, what they should manage, buy or sell for themselves. Investors should always check with their licensed financial advisor, including their tax advisor and lawyers, to determine the suitability of any investment. PropertyReturns recommends that anyone investing in property should do so with caution and prior to the purchase or sale of an investment property, based upon information obtained from PropertyReturns, members are advised to consult with their own financial representatives.
All investors are encouraged to fully investigate any property before making an investment. Investors should complete their own due diligence with any investment. Neither PropertyReturns nor anyone affiliated with PropertyReturns is responsible for any investment decision made. PropertyReturns is not responsible for any errors on its web site. Reasonable efforts are made to ensure that information provided is accurate at the time of inclusion; however, there will be inadvertent and occasional errors for which PropertyReturns is not responsible and apologises. Please inform us of any errors either by webmaster@propertyreturns.co.nz or within the discussion forums. The information contained within this Web site is the property of the original publisher. While we strive to present accurate and useful information, PropertyReturns makes no guarantee of accuracy or completeness. All information and opinion expressed herein is subject to change without notice. Opinions and recommendations contained herein should not be construed as investment advice. Do not assume that any recommendations, insights, charts, theories, or philosophies will ensure profitable investment.
Disclaimer of Warranties and Limitation of Liability
Member expressly agrees that use of this web site is at his or her sole risk. Neither PropertyReturns, its affiliates, nor any of their respective employees, agents, third-party content providers, or licensors warrants that use of this web site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this web site or as to the accuracy, reliability, or content of any information, service, or merchandise provided through this web site or the discussion forums.
This web site is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this Agreement.
The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. Member specifically acknowledges that PropertyReturns is not liable for the defamatory, offensive or illegal conduct of other third parties, members, or other users of the discussion forums and that the risk of injury from the forgoing rests entirely with each member.
In no event will PropertyReturns or any person or entity involved in creating, producing, or distributing this web site be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits or trading losses) arising out of the use of or inability to use this web site or out of the breach of any warranty. Member hereby acknowledges that the provisions of this section shall apply to all content on this web site.
PropertyReturns neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on this web site and the discussion forums, nor for any offensive, defamatory, or obscene message made on the forums by anyone. Under no circumstances will PropertyReturns be liable for any loss or damage caused by a member's reliance on information obtained through the content on this web site and/or any message on the forums. It is the responsibility of each member to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through this web site and/or the forums. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content, including but not limited to financial, health, or lifestyle information, opinion, advice, or other content.
Member agrees that the liability of PropertyReturns, its affiliates, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with this web site or the information in this web site shall not exceed the amount member paid to PropertyReturns, inc., For use of this web site.
Indemnification
Member agrees to indemnify and hold PropertyReturns, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from member's use of this Web site or from member's violation of this Agreement or any third party's rights including but not limited to copyright, property, and privacy rights.
Links to Third Party Sites
This Web site contains hyperlinks to other Web sites operated by parties other than PropertyReturns, and other resources and advertisers. Such hyperlinks are provided for member's reference only. PropertyReturns is not responsible for the availability of these external sites nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. PropertyReturns's inclusion of hyperlinks to such Web sites does not imply any endorsement or guarantee of the material on such Web sites or any association with their operators. Under no circumstances shall PropertyReturns be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
As with the purchase of a product or service through any medium or in any environment, member should use his or her best judgement and exercise caution where appropriate.
Member specifically acknowledges that in no event will PropertyReturns, its affiliates, or any of their respective employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of:
(i) The use by such member of any browsers owned or operated by any party and/or
(ii) The downloading of any software owned or operated by any third party in connection with the service.
Back to the Top
Discussion Forums
Discussion Forum Disclaimer
This Discussion Forum Disclaimer is to protect you as much as it is to protect us. The discussion forums are designed to help readers obtain relevant information and discuss ways to make investment decisions. This information is sometimes provided by ourselves and sometimes by other contributors, many of who use anonymous screen names and are people we've never met. We recognise that while we have tons of great stuff in this forum, people sometimes post messages that are misleading, deceptive, or downright wrong. They may do this unintentionally or, sad to say, intentionally. Treat the contributors here the same way you'd treat anyone you'd met for the first time at a party. This is important because anyone can show up to our party: no invitations are required. You shouldn't make a decision just because some stranger (or even a friend) says so; you shouldn't treat cyberspace any differently. The fundamental concept is that you should NOT rely upon the information or opinions you read. Rather, you should use what you read here as starting points for doing independent research on investing techniques. Then judge for yourself the merits of the material that has been shared in our discussion forums. We do not guarantee the veracity, reliability or completeness of any information provided in our discussion forums or in any hyperlink appearing on our site. No one could read through all the messages we receive each day, check out all the hyperlinked web sites, and research each one for accuracy. That isn't why we're here. Nor are we here to give you hot tips, or to tell you what to do with your money. We're here to help you to learn how to make investment decisions for yourself. You are responsible for your own investment decisions. PropertyReturns will not be responsible for any errors or omissions in articles or messages, for hyperlinks embedded in messages, or for any results obtained from the use of such information. PropertyReturns will not be liable for any loss or damage caused by a reader's reliance on information obtained in our area, or in a hyperlinked area. If you don't accept this responsibility for yourself, then you should not use PropertyReturns. If you ignore our advice to do independent research, choosing instead to trade solely on information, "tips," or opinions found in our discussion forums, you have made a conscious, willing, free, and personal decision to do so. You have also probably made a mistake. As cyberspace develops, the freedom and openness from which we all profit can make us the target of touts, hypesters, and frauds. These people could infect our discussion forums, just as they infect other parts of the world. Please proceed with caution and do your homework. And remember: when you access one of these hyperlinked web sites, you are leaving our area so be wary of those who post hyperlinks to strange web sites.
A member is solely responsible for any information the member posts in the discussion forums related to this Web site. This Web site and the Forums shall be used for lawful purposes only. No material shall be posted on or transmitted through the Forums which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable, which encourages conduct that would constitute a criminal offence, gives rise to civil liability, or otherwise violates any law. No conduct shall be undertaken that, in PropertyReturns's judgement, restricts or inhibits any other user from using or enjoying the Forums. The Forums shall not be used to solicit other members to become users of competitive online information services. Advertising or commercial solicitation may be posted on or transmitted through the Forums subject to PropertyReturns's express prior approval and solely in accordance with the terms and conditions imposed by PropertyReturns with respect thereto. If PropertyReturns is notified that a message posted on PropertyReturns's Forums violates the legal rights of others or the stated guidelines for posting messages PropertyReturns reserves the right to remove the message.
A member agrees not to upload, post, or otherwise make available any material protected by copyright, trademark, or other proprietary right on this Web site, without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any material is not protected by copyright rests on the member. A member shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
A member agrees not to upload files to this Web site that contain viruses, corrupted files, or other similar software or programs that may damage the operation of another person's computers, software, Web sites, or network. Member will be solely responsible for damages arising from any claims that files posted by member caused damage to the operation of another person's computer, software, Web sites, or network.
A member agrees not to advertise or offer to sell any goods or services, or promote any surveys, contests, chain letters, or any commercial purpose on this Web site.
A member acknowledges that all discussion forums are public and not private communications. PropertyReturns shall have the right, but not the obligation, to monitor the content of the Forums to determine compliance with this Agreement and any other operating rules established by PropertyReturns. Further, member acknowledges that messages and other communications by other users are not endorsed by PropertyReturns, and such communications shall not be considered reviewed, screened, or approved by PropertyReturns. PropertyReturns reserves the rights in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the discussion forums. Without limiting the foregoing, PropertyReturns shall have the right to remove any material or contents of the discussion forums received from users, including without limitation messages, that PropertyReturns, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale. Furthermore, PropertyReturns reserves the right to deny in its sole discretion any member's access to this Web site or any portion thereof without notice.
Discussion Forum Content
In the material and data that we make available in our discussion forums, we rely on a wide variety of sources. We believe these sources to be accurate, knowledgeable and reliable, but sometimes they may not be. PropertyReturns makes no claims or representations as to the accuracy, completeness, or truth of any material contained in our areas. Nor is PropertyReturns liable for any errors or delays in the content or transmission of the data on our site. We promise not to lie to you, but we reserve the right to be wrong, stupid and ignorant.
Our Contribution to Discussion Forums
We try to keep our forum running smoothly, with politeness and good humour. We also contribute to the various discussions. Every registered person is free to contribute, or not contribute, as they see fit. Their opinions are their own. PropertyReturns does not regulate what the staff says about a matter. In fact, their opinions may differ substantially from each other. Some of the staff may have investment properties and some do not. The decision to disclose such information belongs to them. We do not tell our people what ideas they can express or what they can write about. Many of them are completely outside the investment field in their professional lives and are not to be considered professional analysts or investment advisors. Any weight you ascribe to their opinions should be based on their ability to analyse an investment situation the same as anyone else you see in our discussion forum. You should not believe that these people have any additional insight or information.
Discussion Forum Terms of Service Violations
If you have been harassed in any manner that you feel is a violation of our Terms & Conditions or Privacy Policy it is your obligation to notify us of the offending message(s). Please contact webmaster@propertyreturns.co.nz for that purpose.
Discussion Forum Guidelines
Discussion Forums are messages from registered members of the PropertyReturns community that are organised under a selection of topics. Messages are displayed and can be viewed until deleted by PropertyReturns. They are available for open discussion and free exchange of ideas. The messages are not edited for content, style or for factual errors. Like the community you live in, the discussion forums work best when everyone follows basic standards of conduct. Your privilege to use and contribute to discussions depends on your compliance with the following guidelines. PropertyReturns may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention.
As a PropertyReturns member you are entirely responsible and liable for all activities conducted through your registration. Always show respect for individual rights and property rights. Listed below are some, though not all, violations that may result in the termination of your registration. By posting you agree to not engage in any of the following acts:
- Do not harass, threaten, embarrass or cause distress or discomfort upon another participant or other individual or group.
- Do not post any information, data, text, files, links, software, chat, communication or other materials ("Content") that is unlawful: harmful: threatening: abusive: harassing: defamatory: vulgar: obscene; or racially or ethnically hateful including that pertaining to sexual orientation.
- Do not impersonate any person.
- Do not post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, except in those areas that are designated for such a purpose.
- Do not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing PropertyReturns or in connection with your use of discussion forums in any manner.
PropertyReturns reserves the right to monitor some, all, or no areas for adherence to these Terms & Conditions or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, PropertyReturns is acting as a passive conduit for such distribution and PropertyReturns is not undertaking any obligation or liability relating to any content or activities in a topic area.
Disclaimer
By posting to a discussion forum you agree that PropertyReturns can display, modify, transmit, distribute or delete your message without needing further permission from you. PropertyReturns does not edit messages and is not responsible for the content of posted comments or images. PropertyReturns may remove messages at any time at their sole discretion.
In no event will PropertyReturns be liable to you for any damages of any kind, including but not limited to, compensatory damages, lost profits, lost data or any form of special, incidental, indirect, consequential or punitive damages of any kind whether based on breach of contract or warranty, tort (including negligence), product liability or otherwise, even if PropertyReturns is informed in advance of the possibility of such damages.
Back to the Top
Copyright and Limitations on Use
The information available through this Web site is the property of PropertyReturns or its licensors and is protected by copyright and other applicable laws, treaties, and conventions with all rights reserved. Information received through this Web site may be displayed, reformatted, and printed for member's personal, non-commercial use only. Member agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through this Web site to anyone, including but not limited to others in the same company or organisation, without the express prior written consent of PropertyReturns. PropertyReturns reserves the right to republish the material contributed by our members. By posting a message, member expressly grants to PropertyReturns the royalty free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any message posted in the discussion forums (in whole or in part) world-wide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Certain names, logos, and/or phrases on these pages may constitute trademarks and/or copyrights of PropertyReturns or its clients. The mark "PropertyReturns" and the contents of this Web site are the sole property of PropertyReturns. Reproduction in whole or in part are strictly prohibited without explicit written permission.
Our Work is Copyrighted
All of the writing in our area is the property of PropertyReturns and is protected under copyright. None of the material may be reproduced without our written permission, with the exception of downloading or printing a single copy for yourself, for offline viewing. This copyright extends from original PropertyReturns material, to the raw compilations of messages in our discussion forums, to the edited and filtered compilations of messages that we may sell and distribute.
PropertyReturns reserves the right to republish the material contributed by our readers. By posting a message, you expressly grant the right to PropertyReturns to republish or sell the message as part of any edited compilations we may choose to publish. We'll provide proper attribution to the author for any message we republish.
Copyright Infringement
Contributors frequently share messages and articles that they have electronically copied from other sources. Because of the number of messages that are posted in our discussion forums and there are millions of possible sources spread out across the Internet and offline world, we often can't know what a message says, let alone if it infringes a copyright. If you believe that your work has been copied in such a manner as to represent a copyright infringement, please notify webmaster@propertyreturns.co.nz so that the situation can be promptly addressed.
In your notification, please provide the following information:
- An electronic or physical signature of the person authorised to act on behalf of the copyright owner
- A description of the copyrighted work that you claim has been infringed
- A description of where on our site the material is located
- Your address, telephone number and email address
- A statement by you that you have a good faith belief that the use is not authorised by the copyright owner, its agent or the law
- A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you're the copyright owner or authorised to act on behalf of the copyright owner.
Please post to:
PropertyReturns Ltd
20 Bongard Road,
Mission Bay
Auckland, New Zealand
Back to the Top
Legal Information
Trademarks
PropertyReturns is a trademark of PropertyReturns Ltd. All rights reserved. All other trademarks appearing on this Web site are the property of their respective owners, including, in some instances, PropertyReturns.
Modification of These Terms & Conditions
PropertyReturns shall have the right at any time to impose, change, or modify the terms and conditions applicable to member's use of this Web site, or any part thereof, including, but not limited to, content, hours of availability, and equipment needed to access or use, and/or member's use of the Forums or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Web site and/or the discussion forums a revised version of this Agreement, and notification by email. If any such change is unacceptable to member, member may terminate his or her membership account as provided in the section below. Any use of this Web site and/or any use of the Forums by member after such notice (other than to terminate member's subscription pursuant to the section below) shall conclusively be deemed to constitute acceptance by member of such changes, modifications, additions, or deletions. Member agrees to review the terms and conditions periodically to be aware of such revisions. Member may also be subject to additional terms and conditions imposed by third-party content providers in connection with third-party content, software, or services.
Termination
PropertyReturns has no obligation to provide member with notice of termination. Fees paid for any subscription term
are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination
by PropertyReturns for any reason other than breach of this Agreement by a member or termination by member in which
member identifies the termination as resulting from changed terms, PropertyReturns shall make a pro rata refund to
member. These terms & conditions shall remain in effect (will survive this Agreement and member use of this Web
site) after this Agreement has terminated by PropertyReturns or by the member.
Equipment
Each member shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment
needed for access to and use of this Web site, and Forums, and members shall be responsible for all charges related
thereto.
How to Contact Us
Should you have other questions or concerns about these terms & conditions you may call us on +64 (0) 9 521 5960
or send us an email. For additional contact details, see Contact Us.
Support Your Sponsors
|
|
|
