Terms and Conditions

1. Acceptance of Terms

By accessing and using LeaseMate (“the Service”, “we”, “us”, or “our”), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these Terms and Conditions, please do not use the Service. These terms are governed by New Zealand law and are subject to the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and the Privacy Act 2020.

2. Use License

Permission is granted to temporarily use the Service for personal or commercial property management purposes. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials
• Use the materials for any commercial purpose without proper authorization
• Attempt to decompile or reverse engineer any software contained on the Service
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or “mirror” the materials on any other server

3. Consumer Guarantees and Warranties

For Business Use: If you are acquiring the Service for business purposes, you acknowledge that the Consumer Guarantees Act 1993 does not apply to your use of the Service.

For Consumer Use: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or other applicable New Zealand consumer protection legislation that cannot be excluded, restricted, or modified by agreement.

Subject to the above, the Service is provided “as is” and “as available”. To the maximum extent permitted by law, LeaseMate does not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components.

4. Limitation of Liability

Nothing in these Terms limits or excludes our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under New Zealand law, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986

Subject to the above, and to the maximum extent permitted by New Zealand law:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEASEMATE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Loss or corruption of data
• Any errors, mistakes, or inaccuracies in the Service
• Any bugs, viruses, trojan horses, or the like that may be transmitted through the Service

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LEASEMATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Subject to the exclusions above, LeaseMate’s total liability to you for all damages, losses, or causes of action shall not exceed the amount you have paid LeaseMate in the last twelve (12) months, or, if greater, NZD $100.

5. Indemnification

To the extent permitted by New Zealand law, you agree to indemnify and hold harmless LeaseMate, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your breach of these Terms and Conditions
• Your use of the Service, including but not limited to your User Content
• Your breach of any law or regulation of New Zealand
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or contractual rights
• Any claim that your use of the Service caused damage to a third party
• Your willful misconduct or negligence

This indemnification is subject to you not being liable to indemnify us to the extent that any loss or damage arises out of our negligence, breach of contract, or breach of the Consumer Guarantees Act 1993, Fair Trading Act 1986, or any other New Zealand consumer protection legislation.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.

6. User Data and Privacy

You are solely responsible for all data, information, and content that you upload, post, or otherwise transmit to or through the Service (“User Content”). You retain all rights in your User Content, and you are responsible for protecting those rights.

LeaseMate collects, uses, and protects your personal information in accordance with the Privacy Act 2020. We will only collect personal information that is necessary for our functions and activities, and we will handle your personal information in accordance with the privacy principles set out in the Privacy Act 2020.

You have rights under the Privacy Act 2020 to access and request correction of your personal information. For more information about how we handle your personal information, please refer to our Privacy Policy.

Subject to our obligations under the Privacy Act 2020, LeaseMate assumes no liability and is not responsible for any User Content, including but not limited to any errors, omissions, loss, or damage of any kind incurred as a result of the use of any User Content.

7. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by LeaseMate. LEASEMATE HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES OR SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT LEASEMATE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITES OR SERVICES.

8. Payments and Subscriptions

Subscription Plans: LeaseMate may offer various subscription plans with different features and pricing. By subscribing to a paid plan, you agree to pay all applicable fees as described at the time of purchase.

Billing and Payment: Subscription fees are billed in advance on a recurring basis (monthly, annually, or as otherwise specified). You authorize LeaseMate to charge your designated payment method for all fees due. All fees are in New Zealand Dollars (NZD) unless otherwise stated, and all fees are inclusive of GST where applicable.

Price Changes: LeaseMate reserves the right to change subscription fees at any time. We will provide you with at least 30 days’ notice of any price changes. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.

Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You are responsible for canceling your subscription if you do not wish to continue.

Cancellation and Refunds: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period, and you will retain access to paid features until that time. Except as required by the Consumer Guarantees Act 1993 or Fair Trading Act 1986, subscription fees are non-refundable. For consumers, your rights under New Zealand consumer protection laws are not affected.

Payment Processing: Payment processing services may be provided by third-party payment processors. By providing payment information, you authorize us and our payment processors to charge your payment method. You represent and warrant that you have the legal right to use any payment method you provide.

Failed Payments: If a payment fails or is declined, we may suspend or terminate your access to paid features. We may retry failed payments. You are responsible for maintaining valid payment information.

Taxes: You are responsible for all taxes associated with your purchase, except for taxes based on LeaseMate’s net income. GST will be charged in accordance with New Zealand tax law.

9. Free Trials and Beta Access

Free Trial Period: LeaseMate may offer free trial periods for certain subscription plans. Free trials are intended for new users only and are limited to one trial per user, household, or organization. We reserve the right to determine free trial eligibility at our sole discretion.

Trial Terms: During a free trial, you will have access to the features included in the applicable subscription plan. At the end of the free trial period, your subscription will automatically convert to a paid subscription and your payment method will be charged unless you cancel before the trial ends.

Trial Cancellation: You may cancel your free trial at any time during the trial period to avoid being charged. Cancellation can be done through your account settings or by contacting support.

Beta Features: LeaseMate may offer access to beta features, early access programs, or experimental functionality (“Beta Features”). Beta Features are provided “as is” and may contain bugs, errors, or other issues. Beta Features may be modified, discontinued, or changed at any time without notice.

Beta Risks: You acknowledge and agree that Beta Features may not function as intended and may cause data loss, system errors, or other issues. You use Beta Features at your own risk. We recommend maintaining backups of your data when using Beta Features.

Beta Feedback: If you provide feedback, suggestions, or ideas about Beta Features or the Service (“Feedback”), you grant LeaseMate a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without compensation or attribution to you.

Beta Termination: We reserve the right to terminate or modify beta programs at any time. Beta Features may be removed from your account without notice. We may require beta participants to agree to additional terms and conditions.

No Warranties for Beta: To the maximum extent permitted by law, Beta Features are provided without any warranties whatsoever. Nothing in this section limits your rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 if you are a consumer.

10. Modifications to Service

LeaseMate reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. YOU AGREE THAT LEASEMATE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SERVICE.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. LEASEMATE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE.

Upon termination, if you have an active paid subscription, you may be entitled to a pro-rata refund for any unused portion of your subscription period, subject to the terms in the Payments and Subscriptions section and your rights under New Zealand consumer protection law.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.

These Terms are subject to the Contract and Commercial Law Act 2017, the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and all other applicable New Zealand legislation.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13. Dispute Resolution

For Consumers: If you are a consumer under New Zealand law, you may have the right to refer complaints to Disputes Tribunals or other consumer dispute resolution services. Nothing in these Terms affects your rights to access these services.

For Business Users: In the event of a dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations within 30 days, either party may initiate formal dispute resolution proceedings.

Any disputes that cannot be resolved between the parties may be referred to mediation or arbitration in accordance with the Arbitration Act 1996 and the rules of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), or to the courts of New Zealand.

14. No Professional Advice

THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, TAX, FINANCIAL, ACCOUNTING, OR PROFESSIONAL ADVICE. ANY CONTENT, TOOLS, OR INFORMATION PROVIDED THROUGH THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE.

You should consult with qualified professionals (such as lawyers, accountants, or financial advisors) licensed in New Zealand for specific advice tailored to your situation, particularly in relation to compliance with the Residential Tenancies Act 1986, Property Law Act 2007, and other relevant New Zealand legislation.

To the extent permitted by law, LeaseMate disclaims all liability arising from your reliance on any information or tools provided through the Service. However, this disclaimer does not affect any rights you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.

15. Accuracy of Information and Fair Trading

LeaseMate is committed to complying with the Fair Trading Act 1986 and will not engage in misleading or deceptive conduct in trade.

While we strive to provide accurate and up-to-date information and make reasonable efforts to ensure the accuracy of information provided through the Service, to the extent permitted by law, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained in the Service for any purpose.

This clause does not exclude or limit any rights you may have under the Fair Trading Act 1986 or Consumer Guarantees Act 1993.

16. Force Majeure

LeaseMate shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond LeaseMate’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, civil insurrection, or any other similar cause.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

18. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

19. Contact Information and Complaints

If you have any questions about these Terms and Conditions, please contact us through the Service support channels.

For Complaints: If you have a complaint about the Service, please contact us first and we will make reasonable efforts to resolve your complaint. If you are not satisfied with our response, you may have the right to refer your complaint to:

• The Disputes Tribunal (for claims under NZD $30,000)
• The Commerce Commission (for Fair Trading Act complaints)
• The Office of the Privacy Commissioner (for Privacy Act complaints)
• Consumer Protection (consumer.govt.nz) for general consumer advice