Introduction

These terms and conditions outline the rules and regulations for the use of this website (Website).

In these terms, references to “we”, “our” and “us” are references to OPOLY LIMITED (Company number 6987981).

Your access to and use of the Website is subject to these terms and conditions. By accessing this Website, you acknowledge that you have read, understood and accepted these terms and conditions in full and agree to be bound by them. Do not continue to use this Website if you do not accept all of the terms and conditions stated on this page.

From time to time we may update these terms without notice. Please check these terms periodically for changes. Your continued use of the Website after these terms have been changed indicates your acceptance of those changes.

Other terms may apply

Your use of products and services we offer may also be subject to other terms, including an Investor Agreement between you and us, and our Service Disclosure Statement here. If there is any inconsistency between these terms and the Investor Agreement or Service Disclosure Statement, the Investor Agreement or Service Disclosure Statement (as applicable) prevails to the extent of the inconsistency.

Your use of this Website

You must not use this Website or its contents:

• in breach of any law or for any unlawful act;
• In a manner that Infringes a third party’s rights; or
• to damage or disrupt this Website or any of our products and services.

Cookies

We employ the use of cookies. A cookie is a small file downloaded on to your device when you interact with online content (such as websites, social media sites, and mobile apps). Cookies allow a website to recognise a user’s device (eg their computer).

Most modern day interactive web sites use cookies to enable the retrieval of user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. If you configure your settings to disable or limit cookies, certain functionality of the Website may not be available to you.

By using the Website, you consent to the use of cookies in accordance with our privacy policy, available at here.

Website content

This Website includes information that has been prepared and made available by third parties, including property management companies. As set out in the Service Disclosure Statement, we do not verify the content of the documents made available to investors by property management companies, and make no representation in relation to the completeness or accuracy of any information contained in the documents.

Other than as expressly set out in the Service Disclosure Statement or Investor Agreement, we do not make any checks or assessments on risks involved with the sale and purchase of shares through our platform. Ask questions, read all information given carefully, and seek independent financial advice before committing yourself to any investment through our platform.

While we have endeavoured to supply accurate information, errors and omissions may occur. Accordingly, to the extent permitted by law, we do not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on this Website.

Unless otherwise stated, we or our licensors own the all material on the Website (including all intellectual property rights subsisting in that material). You may electronically reproduce and store the contents of this Website solely for the purposes of viewing this Website, or saving Website content, for your own personal use. You may not display or distribute the content of any of this Website or documents made available on this Website in public or where the content is accessible to the public, including any reproduction in any form on the Internet, without permission from us.

Indemnity

You indemnify us, our directors, officers, employees and agents (Those Indemnified) for any loss, damage, liability, claims and expenses (including legal costs) incurred by any of Those Indemnified arising from your breach of these terms, or your Investor Agreement

Website Links

You must obtain our written consent before linking to any content on our Website.

Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by us. We do not monitor the content of any other websites and are not liable or responsible in relation to any content on them.

Disclaimers

Subject to the section of these terms headed “Consumer Guarantees Act”:

• Use of the website is at your own risk.
• We don’t offer financial, investment and tax advice. It is your responsibility to take independent financial advice relevant to your own circumstances.
• We make no guarantee that the Website will offer you specific results. We do not guarantee specific rental returns or capital gains by investing in a property.
• The Website is provided ‘as is’ and on an ‘as available’ basis, and we give no warranty that it will meet your expectations or that it will be free of defects.
• We use reasonable endeavours to ensure the Website is safe and secure. However, we can’t guarantee that the Website is or will be free from viruses and malicious software that might harm your own computer or devices. We accept no liability for any loss caused directly or indirectly from using the Website or any information presented on the Website.
• We make no warranty express or implied that the Website will meet your requirements. We cannot guarantee that the Website will be secure or that all the information provided will be accurate.
• We shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website. In respect of any liability that cannot by law be excluded but may be limited, our aggregate liability to you under or in connection with your use of this Website, whether in contract, tory (including negligence), statute or any other cause of action, is limited to $10.

Consumer Guarantees Act

Nothing in these terms is intended to limit liability that cannot be limited by law, including the provisions of the New Zealand Consumer Guarantees Act 1993 except to the extent permitted by that Act (or to exclude liability arising under any other statute), if and to the extent that such liability cannot be lawfully excluded, and these terms shall be modified to the extent necessary to give effect to that intention.

Governing law

These terms are governed by the laws of New Zealand.

Contact

You can reach us at contact@opoly.co.nz – or by clicking on the live chat at the bottom of your screen – if you have any questions or concerns with our Terms and Conditions.