Website Terms and Conditions

Updated 4 December 2023

These Website Terms and Conditions apply to the domain name www.resido.co.nz (“Website”) which is operated by Kiwi Property Group Limited (referred to as “Kiwi Property”, “we”, “us”, “our”).

Acceptance

Access to and use of our Website is subject to the following Terms and Conditions. By accessing our homepage you agree to be bound by these Terms and Conditions. We may revise from time to time these Terms and Conditions without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms and Conditions as amended.

Privacy Policy

We take seriously your privacy. We are committed to protecting your personal information. Any personal information sent to this Website is subject to our Privacy Policy which is available on our Website.

Transmitted information

Any non-personal information, communication or material you transmit to this Website (including data, suggestions, questions, comments etc.) will become our property and will not be treated as confidential by us. We may use all such information, communications and materials without obligation to you.

Liability

To the extent permitted by law, Kiwi Property and its controlled entities, and any of their respective directors, officers, employees or agents (“Kiwi Parties”) do not accept liability or any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever (including loss of profits, revenue or goodwill) arising out of your access to, use of or inability to use or access this Website or any change in the text, images and other materials on this Website (“Content”), or arising from any other website you access through a link from this Website or from any actions that any of the Kiwi Parties may take or not take as a result of any electronic mail messages you send us.

To the extent permitted by law, the Kiwi Parties do not accept any liability or responsibility to maintain the material and services made available on this Website or to supply any corrections, updates, or releases in connection with such materials and services.

The Kiwi Parties have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Website. You download material from this Website at your own risk.

If applicable law implies terms which cannot be lawfully excluded, restricted or modified, then those terms will apply and, to the extent to permitted by law, the liability of the Kiwi Parties will be limited at its option to (a) in the case of services, resupplying the service or payment of the cost of resupply; and (b) in the case of goods, replacing or repairing the goods or payment of the cost of repair or replacement.

Disclaimers

Your use of our Website is at your sole risk.

Where we provide any information on this Website, it has been prepared without considering your objectives, financial situation or needs. Before acting on any information on this Website, you should consider its appropriateness to your circumstances and read any relevant disclosure and/or offer documents and take any appropriate advice before acquiring any products named on this Website.

Past performance of any product described on this Website is not a reliable indication of future performance.

Unless expressly stated otherwise, information that we make available on our Website is not an offer or solicitation for the purchase of securities or investments. Any potential offering described in this Website will only be made to entities or persons who may receive such an offering or who are able to make an offer under applicable laws.

Warranties

To the maximum extent permitted by law, we give no warranties of any kind, whether express, implied, statutory or otherwise including warranties or representations that this Website or any data, information, advice, opinion, service or product provided, obtained or generated by or through this Website will be complete, accurate, reliable, timely, or non-infringing to third parties; that access to this Website will be un-interrupted or error-free; that this Website will be secure; and any such representations or warranties are expressly disclaimed.

We reserve the right to restrict or terminate your access to this Website, any feature of this Website or any part thereof at any time.

Accuracy, completeness and timeliness of information

While we provide the information that we make available on this website in good faith, we are not responsible if the information is not accurate or complete. Any reliance upon the material on this Website will be at your own risk. Information that we make available on this Website is subject to change without notice. It is your responsibility to monitor any changes to the material and the information contained on this Website.

Prohibited use

You can only use this Website for lawful purposes and must comply with all applicable local, state, national and international laws and regulations that relate to your use of this Website. You are prohibited from posting on this Website any unlawful, harmful, abusive, threatening, harassing or defamatory material of any kind. You are also prohibited from disrupting or interfering with, or making attempts to disrupt or interfere with this Website or other user’s enjoyment of this Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to this Website. We also reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Intellectual property rights

All copyright and other intellectual property rights in the Content are the property of Kiwi or are included with the permission of the relevant owner.

You are permitted to browse this Website, reproduce extracts by way of printing for personal use, downloading to a hard disk or for the purposes of distribution to other individuals, provided that you keep intact all copyright and other proprietary notices. No reproduction of any part of this Website may be sold or distributed for commercial gain nor can it be modified or incorporated in any other work, publication or website. Except as expressly stated otherwise, nothing on this Website should be construed as granting any licence or right to use any copyright or other intellectual property right in the text, images and other materials on this Website.

The trade marks, logos, characters and service marks displayed on this Website belong to Kiwi Property or have been included with the permission of the relevant owner. Nothing on this Website should be construed as granting any licence or right to use any trade mark displayed on this Website. Your use or misuse of the trade marks displayed on this Website, or on any other Content on this Website, except as provided for in these terms and conditions, is strictly prohibited.

Links

This Website may contain links to other websites. The links are provided in good faith and we accept no responsibility for the availability, content, accuracy or function of these other websites. The inclusion of any link to other websites does not imply endorsement by any of the Kiwi Parties. For information about any linked website, you should read the legal and privacy notices posted at that site.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand.

Social Media Terms and Conditions

November 2022

1. From time to time, the promoter, Kiwi Property (referred to as the “Promoter” or “Kiwi Property” going forward) runs various promotions and competitions within the Kiwi Property portfolio or that are managed by Kiwi Property, on social media (the “Promotion”).
2. The terms provided below (the “Social Media Terms and Conditions”) apply to all Kiwi Property Promotions running over social media. They do not apply to promotions run via websites, in shopping centres or via mobile applications.
3. The Social Media Terms and Conditions are a base set of terms and conditions under which Promotions are carried out. Specific promotions may have additional terms and conditions and each Participant needs to check for full details.  The specific terms and conditions will prevail if there is an inconsistency with these terms.
4. By entering any competition advertised or promoted by Kiwi Property on any social media you are deemed to have accepted these Social Media Terms and Conditions.
5. Participants enter a Promotion by complying with the Social Media Terms and Conditions, following directions provided by Kiwi Property from time to time and/or any specific promotion terms.
6. Participants warrant that all information submitted by them is complete, true, correct and does not infringe anyone’s rights. Entry to a Promotion is limited to one (1) per person unless stated otherwise.
7. The Participant shall be solely responsible for any costs involved in entering the Promotion and ensuring entries do not get lost or misdirected (Kiwi Property is not responsible to the extent that the lost/misdirected entry is caused by an issue outside its control).
8. Where the Promotion allows entry to persons under 18, they must obtain the consent of their parent or legal guardian.  The Social Media Terms and Conditions bind the under 18 Participants and any parent or legal guardian who gives their consent. Some prizes may only be suitable for collection and ownership by the parent or legal guardian.  Kiwi Property may make this election at any time in its sole discretion without prior notice.
9. All Participants in any Promotion must be New Zealand residents (unless stated otherwise) and may be required to provide proof of this. Kiwi Property and retailers at Kiwi Property owned or managed properties, their respective employees and immediate family members of employees (including spouse, de-facto, child or family residing at same address), are unable to enter Promotions.
10. Kiwi Property may refuse any entry to any Promotion at its reasonable and sole discretion including for breach of these Social Media Terms and Conditions, where incomplete, ineligible or incomprehensible entries are made or if it becomes apparent that a Participant is using technology to circumvent single entry conditions or other improper or unlawful conduct (which may lead to disqualification from all Promoter Promotions and loss of any prize awarded).
11. Prize draws are conducted at a date and time specified by Kiwi Property. Winning Participants of a Promotion will be contacted via the details provided at the time of entering the Promotion within a reasonable time after the applicable prize draw.   They must pick up their prize within 5 days of notification or it will be forfeited.
12. Kiwi Property will make 3 attempts to contact a winning Participant(s) or 1 attempt where made by live draw, with the prize being forfeited if the Participant cannot be contacted. The Promoter reserves the right to re-draw the prize if it is unable to contact a winning Participant(s) and will redraw using the same process.
13. Where the winning Participant(s) of any Promotion is required to claim the prize in-person, proof of identity is required (including parent/legal guardian if needed).  Not providing this information within a reasonable timeframe (as decided by Kiwi Property) will lead to ineligibility for the Promotion prize. Kiwi Property is not able to post prizes (including gift cards). They must be picked up in person at the location specified (unless otherwise noted in the terms and conditions). 
14. By partaking in the Promotion, all winning Participant(s) agree to participate in all promotional, public or marketing activity reasonably requested by the Promoter, related entities and its agents in connection with the Promotion and the use of the winning Participant’s name, image or voice (including photograph, file and/or recording of the same) for an unlimited period of time without remuneration or compensation.
15. Kiwi Property reserves the right at any time to cancel, terminate, modify or suspend the Promotion which it will not be liable for.  Kiwi Property’s decision in relation to any Promotion is final.
16. All prizes must be taken as offered and are not transferable, refundable, exchangeable for cash or kind.
17. A Participant may have rights under the Consumer Guarantees Act 1993. These are not excluded or limited by anything set out in these Social Media Terms and Conditions.
18. Kiwi Property its directors, officers, employees or agents, and any participating sponsors, retailers and their associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence) in connection with the Promotions or prize or the use of the applicable prize).
19. Any winning Participant(s) takes the prize at his/her own risk and is responsible for all insurance, tax and other costs that may be associated with the prize.
20. If a Participant enters Promotions that Kiwi Property has run via Facebook, entry constitutes acceptance of Facebook’s terms and conditions including a complete release of Facebook’s liability to each Participant except as cannot be excluded by relevant laws.
21. Kiwi Property owns any intellectual property subsisting in the entry forms and materials contained within them that Participants provide.
22. You provide personal information as part of any Promotion which Kiwi Property treats in accordance with its Privacy Policy – please read this. Kiwi Property and its select marketing partners may market to you using this information (though you can opt out).  Kiwi Property takes steps to protect your personal information when shared with third parties but is not responsible for their activities. Participants should make themselves aware of the policies and practices before entering a Promotion where other parties are involved as Kiwi Property is not liable for these.
23. Kiwi Property gift card terms and conditions may apply to this promotion. Use at participating stores only. See expiry on card. Full gift card terms at gift-card.co.nz

Definitions and Interpretation

For the purpose of these Social Media Terms and Conditions:

• “Kiwi Property” is Kiwi Property Group Limited (or one of its related companies as that term is defined by the Companies Act 1993).
• “Participant” means a person who enters into or participates in a Promotion.

Kiwi Property Promotion Terms and Conditions

November 2022

1. From time to time, the promoter, Kiwi Property (referred to as the “Promoter” or “Kiwi Property” going forward) runs various promotions and competitions related to shopping centres and residential buildings within the Kiwi Property portfolio or that are managed by Kiwi Property, including via the Websites, in its shopping centers, residential buildings and via its mobile applications (“App”) (collectively, the “Promotion”).
2. The terms provided below (the “Promotion Terms and Conditions”) apply to all Kiwi Property Promotions excluding those run over social media which are governed by Kiwi Property’s Social Media Terms and Conditions. You agree to our Promotion Terms and Conditions when you enter a Promotion.
3. The Promotion Terms and Conditions are a base set of terms and conditions under which Promotions are carried out.  Specific promotions may have additional terms and conditions and each Participant needs to check the relevant Kiwi Property Website for full details. The specific terms and conditions will prevail if there is an inconsistency with these terms.

Entering a Promotion

1. Participants enter a Promotion by complying with the Promotion Terms and Conditions, following directions provided by Kiwi Property from time to time and/or any specific promotion terms.
2. Participants warrant that all information submitted by them is complete, true, correct and does not infringe anyone’s rights. Entry to a Promotion is limited to one (1) per person unless stated otherwise.
3. The Participant shall be solely responsible for any costs involved in entering the Promotion and ensuring entries do not get lost or misdirected (Kiwi Property is not responsible to the extent that the lost/misdirected entry is caused by an issue outside its control).
4. Where the Promotion allows entry to persons under 18, they must obtain the consent of their parent or legal guardian.  The Promotion Terms and Conditions bind the under 18 Participants and any parent or legal guardian who gives their consent. Some prizes may only be suitable for collection and ownership by the parent or legal guardian.  Kiwi Property may make this election at any time in its sole discretion without prior notice.
5. All Participants in any Promotion must be New Zealand residents (unless stated otherwise) and may be required to provide proof of this. Kiwi Property and retailers at Kiwi Property owned or managed properties, their respective employees and immediate family members of employees (including spouse, de-facto, child, or family residing at same address), are unable to enter Promotions.
6. Kiwi Property may refuse any entry to any Promotion at its reasonable and sole discretion including for breach of these Terms and Conditions, where incomplete, ineligible, or incomprehensible entries are made or if it becomes apparent that a Participant is using technology to circumvent single entry conditions or other improper or unlawful conduct (which may lead to disqualification from all Promoter Promotions and loss of any prize awarded).

Promotion draws

1. Prize draws are conducted at a date and time specified by Kiwi Property. Winning Participants of a Promotion will be contacted via the details provided at the time of entering the Promotion within a reasonable time after the applicable prize draw.   They must pick up their prize within the agreed timeframe or it will be forfeited.
2. Kiwi Property will make 3 attempts to contact a winning Participant(s) or 1 attempt where made by live draw, with the prize being forfeited if the Participant cannot be contacted. The Promoter reserves the right to re-draw the prize if it is unable to contact a winning Participant(s) and will redraw using the same process.
3. Where the winning Participant(s) of any Promotion is required to claim the prize in-person, proof of identity is required (including parent/legal guardian if needed).  Not providing this information within a reasonable timeframe (as decided by Kiwi Property) will lead to ineligibility for the Promotion prize. Kiwi Property is not able to post prizes (including gift cards). They must be picked up in person at Customer Service (unless otherwise noted in the terms and conditions). Opening hours for the centre can be found on the centre website.
4. By partaking in the Promotion, all winning Participant(s) agree to participate in all promotional, public, or marketing activity reasonably requested by the Promoter, related entities and its agents in connection with the Promotion and the use of the winning Participant’s name, image or voice (including photograph, file and/or recording of the same) for an unlimited period of time without remuneration or compensation.
5. To the extent permitted by law, Kiwi Property reserves the right at any time to cancel, terminate, modify or suspend the Promotion which it will not be liable for.  Kiwi Property’s decision in relation to any Promotion is final.
6. All prizes must be taken as offered and are not transferable, refundable, exchangeable for cash or kind.

Remedies, responsibilities and disclaimers

1. A Participant may have rights under the Consumer Guarantees Act 1993. These are not excluded or limited by anything set out in these Terms and Conditions.
2. Kiwi Property its directors, officers, employees or agents, and any participating sponsors, retailers and their associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence) in connection with the Promotions or prize or the use of the applicable prize.
3. Any winning Participant(s) takes the prize at their own risk and indemnifies Kiwi Property in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize.  The winning Participant(s) is responsible for all insurance, tax and other costs that may be associated with the prize.
4. If a Participant enters Promotions that Kiwi Property has run via Facebook, entry constitutes acceptance of Facebook’s terms and conditions including a complete release of Facebook’s liability to each Participant except as cannot be excluded by relevant laws. Participants may be able to use a Kiwi Property Centre’s App to enter a Promotion. If so, the Participant is responsible for maintaining the strict confidentiality of their login details and is responsible for any activity under their App account.  Each Participant agrees to immediately notify Kiwi Property of any unauthorised use of their account or password or any other breach of security.  Kiwi Property will not be responsible or liable for any loss or damage arising from a Participant’s failure to comply with the requirements of this clause or arising out of App use.  Downloads/using the App, constitutes acceptance of the App terms.

   Intellectual Property and Privacy

5. Kiwi Property owns any intellectual property subsisting in the entry forms and materials contained within them that Participants provide.
6. You provide personal information as part of any Promotion which Kiwi Property treats in accordance with its Privacy Policy – please read this. Kiwi Property and its select marketing partners may market to you using this information (though you can opt out).  Kiwi Property takes steps to protect your personal information when shared with third parties but is not responsible for their activities. Participants should make themselves aware of the policies and practices before entering a Promotion where other parties are involved as Kiwi Property is not liable for these.