TERMS AND PRIVACY

When These Terms Apply

These Terms together with our Privacy Notice apply to all Site visitors, subscribers to our services, clients, customers, and all other users of the Site (referred to as “user”, “you” and “your” in these terms). Where reference is made to “we”, “our” or “us” in these Terms, this means ACE OF SPADES LIMITED (A company incorporated in New Zealand under COMPANY NUMBER 2206801) (the owner of this website (Site).

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site.

What These Terms of Use Cover

These terms of use cover your use of this Site and the limits on our liability relating to your use of this Site.

ACCEPTANCE OF THESE TERMS OF USE

How you accept You accept these terms when you access or use this Site

Your promises about you By using the Site, you warrant that:
● Where you book a service or place an order via this Site, you are over 18 years of age and
have the legal capacity to enter a legally binding contract; and
● You have read and accepted these Terms; and
● You will comply with these Terms.

THIRD PARTY SITES

Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse, or approve, and are not responsible for, the content on those websites.
You should make your own investigations with respect to the suitability of those websites.

DISCONTINUANCE OF SITE

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

UPDATES TO INFORMATION CONTENT

Materials and information on this Site proving information about products, services and any approved partners is information content only and is subject to change without notice. We do not undertake to keep our Site up-to-date, and we are not liable if any information content is inaccurate or out-of-date or does not meet your specific purposes or needs.

INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property The Site and online content contains intellectual property owned by us, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software.

No Transfer of Rights Your use of the Site, purchase or download of any content does not grant or transfer any rights, title or interest to you in relation to this Site, or the content.

No Infringement by You Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the content in any manner, except for modifications in completing the content (such as a form or booking interface) for your authorised use.

WARRANTIES AND DISCLAIMERS

Exclusions This Site and all content is provided on an “as is” and “as available” basis and to the fullest extent permitted by law, we make no representations or warranties about our content including (without limitation) that:

• It is suitable, complete, accurate, reliable, up-to-date, and suitable for any particular purpose
• access will be uninterrupted, error -free and free from harmful components (including
viruses) or other code that is harmful or may assist in causing harm
• there is no possibility of failure to store communications or other data

Limits of Liability Despite anything to the contrary, to the maximum extent permitted by law we will not be liable to you for any direct or indirect loss of any kind including loss of profit, loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

INDEMNITY FROM YOU TO US

Indemnity from you to us To the maximum extent permitted by law, you agree to indemnify us, and hold us and our related entities, affiliates, officers, agents and employees harmless, against any loss,
liability, claim or demand (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising from your use of this Site in violation of these Terms or due to any
breach of these Terms or any applicable laws by you.

Indemnity continues This indemnity is a continuing obligation, independent from the other obligation under these Terms, and continues after these Terms end. It is not necessary for us to
suffer or incur any liability before enforcing a right of indemnity under these Terms.

GOVERNING LAW

Your use of our Site and these Terms are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Testimonials and Reviews

We can re-post reviews you leave Where you leave us a review, you accept and acknowledge that we may pre-post, copy or repurpose this for our marketing and promotional purposes.

Testimonials Where you consent to supply us with a testimonial, you are granting us permission to publish this, including your image, name, business name and logo.

COMPLAINTS

If you have any complaint about our Site, please contact us via our contact page stating your name, contact details and nature of your complaint.

PRIVACY NOTICE

Our commitment to your privacy

We respect your right to privacy and your right to view and update the personal information we hold about you. We are committed to protecting your privacy when you visit our website or contact us in
any way.

This Privacy Notice sets out how:

● We collect, use, disclose and protect your personal information.

● This Privacy Notice does not limit or exclude any of your rights under the Privacy Act 2020 (and any amendments).

If you have any questions or concerns about our Privacy Notice, or our practices with regards to your personal information, please contact us through the Contact section on our Site.

Glossary

Personal Information means information about an identifiable individual.
You or your means you, the individual using our services, or visiting our website
We, us or our means INSPECTED RESIDENTIAL LIMITED (A company incorporated in New Zealand
under Company Number 8466019).

How we collect your personal information

This Privacy Notice applies to all information collected through any one or more of:
● Our website
● Any online form
● Any mobile application
● Facebook application (including messenger)
● Email exchanges
● Chat bot application (if applicable)
● Instagram application
● Newsletters
● Sales, marketing, or in-person events

By using our services or supplying your personal information through any of the above mediums you voluntarily provide us with your personal information.

TYPE OF PERSONAL INFORMATION WE COLLECT

We collect the following types of Personal Information:
● Your name
● Your email address
● Your social media contact information
● Your payment details (if applicable) noting we will only use an encrypted third-party
payment handling service for these purposes
● Property ownership information including but not limited to Land Information New Zealand
information in the public domain

USING YOUR PERSONAL INFORMATION

We collect and use your personal information to:

● Provide services and products to you
● Conduct market research if you agree to participate in that
● Tell you about our new products, services, and promotions
● Customise our marketing and advertising
● Improve the services and products that we provide to you
● Bill you and to collect money that you owe us, including authorising and processing credit
card transactions
● Respond to communications from you
● Keep our services safe and protected
● Protect and/or enforce our legal rights and interests, including defending any claim
● For any other purpose authorised by you or the Privacy Act

DISCLOSING YOUR PERSONAL INFORMATION

We may disclose your personal information to any of the following:

● any business that supports our services and products, including any person that hosts or
maintains any underlying IT system or data centre that we use to provide the website or
other services and products
● a person who can require us to supply your personal information (e.g., a regulatory
authority)
● trusted third parties to customise our marketing and advertising or for any other legitimate
business purpose (such as getting advice from professionals or our business partners)
● any other person authorised by the Act or another law (e.g., a law enforcement agency)
● any other person authorised by you

We do not authorise third parties to use or disclose your personal information except for the purpose of providing the service we request from them.

Where you select any online payment option we offer, we do not handle or store full credit card details. These are captured directly by a third- party provider who will only deal with your personal
information in accordance with the Privacy Act and this Privacy Notice.

We will use the information we receive only for the purposes that are described in this Privacy Notice or that are otherwise made clear to you on our services.

CHANGING YOUR PERSONAL INFORMATION

You have the right to view and change any personal information we hold about you at any time. You can do this by contacting us through the Contact section of our website.

EMAIL COMMUNICATIONS

You can choose to remove yourself from email marketing communications by following the”unsubscribe” prompt at the bottom of each email.

CHANGES TO THIS PRIVACY NOTICE

We may change this Privacy Notice and updates shall be published to our website. The change will apply from the date that we upload the revised Privacy Notice.

GOVERNING LAW

New Zealand law governs this Privacy Notice.

COMPLAINTS

We are committed to dealing quickly and appropriately with any privacy complaints. If you are concerned this Privacy Notice may have been breached or your privacy has been compromised, please email us immediately.