1. Acceptance of terms and conditions: These terms and conditions are the terms on which Aorata allows you access to the web site. By entering and browsing the pages of the website you accept these terms and conditions. If you do not accept these terms and conditions you must immediately cease browsing these pages and exit the website immediately.

2. Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Aorata from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued browsing of the pages of this web site represents your agreement to be bound by the terms and conditions as amended.

3. Terminology: In these terms and conditions, the following expressions have the meanings set out:
'Advertisement' means an advertisement on the web site through which an advertiser is offering for sale a business or property;
'Advertiser' means the person, organisation or entity who has placed the advertisement with Aorata;'
'Aorata' means Aorata Limited trading as Aorata;
'You', 'your', 'user' are all references to you;
'we', 'us' and 'our' are a reference to Aorata Limited; and
'web site' means any Aorata web site through which the Products and/or Services are offered.

4. Your Obligations:
4.1 Contracts for the sale of land must be in writing to be legally enforceable. We recommend that you and the purchaser agree in writing the price and terms of sale for the property or business after each of you has obtained independent legal advice.

4.2 You must not attempt to damage, interfere or harm the web site, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose.

4.3 You must not and must not permit others to:
a. Copy the whole of the web site or any associated software (other than search software supplied for the specific purpose of facilitating access to the Advertisements or other content of the web site in accordance with these terms and conditions);

b. Use the web site in any manner that infringes the intellectual property rights or other rights of Aorata or any other party.

4.4 As Aorata is not a party to any sale or transaction between you and an Advertiser, you agree not to involve, or attempt to involve, Aorata in any dispute or in the resolution of disputes that arise between you and an Advertiser.

4.5 You undertake that will not use any email address, telephone, fax, cell phone, address or other contact details provided to you at your request relating to an Advertiser for any purpose other than to contact the Advertiser about the specific property or business appearing in their Advertisement

5. Disclaimer:
5.1 You expressly understand and agree that:
a. the web site provides a vehicle for advertisers to display details of a property or business to potential purchasers. Aorata does not take any part in the sale other than by providing our web site as a vehicle for advertisement. We do not act as agent for either the vendor or the purchaser and do not participate in any sale or transaction; and

b. your use of the web site and any software associated with it is at your sole risk. The web site and any associated software is provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 10.3, Aorata disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

c. Responsibility for the content of Advertisements appearing on this web site (including hyperlinks to Advertisers' own websites) rests solely with the Advertisers. The placement of such advertisements on the web site does not constitute Aorata's recommendation or endorsement of the advertised property. The Advertiser is solely responsible and liable for any representation made in connection with their Advertisement and any web site referred to in that Advertisement.

d. Advertisements are not pre-screened for content. We accept not responsibility for any content.

5.2 Aorata does not warrant that:
a. access to the web site will be uninterrupted, timely, secure, or error free, or
b. that any information provided on the web site is error-free or reliable.

5.3 No advice or information that is obtained by you from Aorata or anyone else shall create any warranty by Aorata that is not expressly stated in these terms and conditions.

6. Liability:
6.1 You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Aorata to you or any other person under or in connection with these terms and conditions, or in connection with this web site, or your use of or inability to use this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Aorata's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

6.2 Without limiting the foregoing, under no circumstances shall Aorata be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

6.3. To the full extent permitted by law and other than as specifically set out in this agreement, Aorata excludes all implied and express terms, conditions and warranties, including warranties as to the fitness of the web site for a particular purpose.

7. Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to completed a transaction, or arising out of any content or item an Advertiser may make available through the web site.

8. Alterations/Modifications to Products, Services or Web Site: We reserve the right to alter or modify the web site from time to time, which may include the addition or withdrawal of features.

9. System Integrity: We will use its reasonable endeavours to ensure the availability of the web site, subject to any downtime required for maintenance. However, and without prejudice to clause 6.2, we take no responsibility for any system unavailability, or for any loss that is incurred as a result of the web site being unavailable. Further, we assume no responsibility for the corruption of any data or information held by us.

10. Force Majeure: Without prejudice to clause 6.2, Aorata has no liability for any lack of performance, unavailability or failure of the web site, or for any failure of Aorata to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Aorata.

11. No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

12. Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

13. Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

14. Intellectual Property Rights: Aorata (or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means:
a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
b. Commercialise, copy, or on-sell any information, or items obtained from any part of this web site.

15. Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

16. Privacy:
16.1 Aorata collects personal information about you through your use of the web site, including information relating to your use of the web site and the content you access.

16.2 You agree that Aorata may use the personal information we have collected as detailed in clause 16.1 above to assist us to provide access to the web site and its content to you, for internal research purposes, to verify your identity, for promoting and marketing other Aorata products and services to you, and for any other use that you authorise.

16.3 We will not sell or allow third parties to access your personal information without your consent, however you agree that Aorata may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this agreement at any time.