Group Terms of Service

INSPECTED RESIDENTIAL LIMITED TERMS OF SERVICE

Part 1: About these terms, and about us

1.1 Who we are. These terms are issued by Inspected Residential Limited, company number 8466019, (the Brand Owner, we, us, our). You can contact us at admin@inspectedresidential.co.nz. In these terms, "we" means Inspected Residential Limited only. It does not include any Location Operator (defined below), and no Location Operator is our agent.

1.2 What the Brand Owner does. The Brand Owner:

(a) owns the Inspected Residential brand, including its registered trade mark (registration number 1244171), and the intellectual property in the inspection system, report templates and report wording library (together, the System);

(b) licenses the System to each Location Operator;

(c) operates the software platform used to book inspections, issue invoices and deliver reports (the Platform), including the secure report-delivery portal (the Portal) and our public websites;

(d) collects payment of invoices for Services as each Location Operator’s billing and payment agent;

(e) operates national advertising and brand marketing;

(f) provides training and systems support to Location Operators and their staff.

1.3 What the Brand Owner does not do. The Brand Owner does not perform inspections and is never the contracting party for Services. Every inspection is performed by the Location Operator that operates your Location, under its own Client Terms. Some Location Operators are owned within the wider group of companies; others are independently owned and operated under licence. In every case, your Contract for Services is with the Location Operator alone.

1.4 The Locations. The Location Operator responsible for your inspection is identified before you book, and is named on your Quote/Cost Estimate, your booking confirmation, your invoice and receipt, your report, the payment page, the report portal, and the terms page at https://www.inspectedresidential.co.nz/policies/terms-of-service. As at the date of these terms the Locations and Location Operators are:

• Christchurch: Inspected Residential Christchurch Limited, company number 9404904 trading as Inspected Residential Christchurch.

1.5 Definitions. In these terms:

Term
Meaning

Client Terms
a Location Operator's own terms of service for the inspection services and Report, as published and accepted by its clients.

Client
the person or entity named as the client on a Location Operator's Quote/Cost Estimate, invoice or Report.

Location
a geographic territory where a Location Operator operates the Inspected Residential brand (for example Christchurch or Auckland)..

Location Operator
the trading company that operates at a Location.

Payer
a person who pays a Location Operator's invoice on a Client's behalf (for example a relative, agent or employer).

Platform, or Portal, System
as described in clause 1.2.

Quote/Cost Estimate
any quote, cost estimate, booking confirmation or order confirmation issued by us for the Services.

Report
an inspection report produced by a Location Operator.

Services
the services to be undertaken by the Location Operator as identified in the Quote/Cost Estimate.

In these terms, you means the person each Part addresses: in Part 1, 2, and 5 the Client or a Payer; in Part 1, 3, and 5 a portal user or website visitor.

1.6 How these terms bind you. These terms are presented to you before they bind you, and you accept them when you:

(a) tick the acceptance box or click accept where the Portal or booking flow presents them;

(b) confirm a booking through the Platform or our central booking service;

(c) pay an invoice whose invoice or payment page presented them (this binds a Payer to Part 2 and this Part; it does not make a Payer a party to the inspection engagement);

Using our public websites does not form a contract: the website rules in Part 3 apply to visitors as published notices. Electronic acceptance, signatures and delivery of information are used wherever the requirements of the Contract and Commercial Law Act 2017 for using them are satisfied.

1.7 Changes to these terms. We may publish a new version of these terms from time to time. A new version applies prospectively only: it takes effect for acceptances after it is published, on reasonable notice on the Platform.

Part 2: Payments

2.1 The Brand Owner collects as agent. Each Location Operator has appointed the Brand Owner as its billing and payment agent. Your invoice is issued in the Location Operator's name, and payment is collected by the Brand Owner on the Location Operator's behalf as agent. This is stated on every invoice.

2.2 Payment to the Brand Owner. Payment made to the Brand Owner of an amount due under a Location Operator's invoice fully discharges the payment obligation to that Location Operator for the amount paid.

2.3 What your card or bank statement shows. Because the Brand Owner operates the payment facility, your card or bank statement will show INSPECTEDRES, while your invoice and receipt name the Location Operator. Your invoice and receipt both carry a line explaining this.

2.4 Payment methods. Depending on what is offered for your invoice, you may pay by:

(a) card, through our payment provider Windcave’s secure hosted payment page (your card details go to the payment provider directly and are never held on our systems);

(b) online bank payment (Account2Account) through the same provider; or

(c) direct bank transfer. Your payment must then be verified, you may be asked to upload proof of payment, and verification takes longer than card settlement.

2.5 Card surcharges. If a card surcharge applies it is applied by the payment provider at payment, is disclosed before you pay, is not part of the Location Operator's invoice, and will not exceed the reasonable cost of accepting the payment method, consistent with the Retail Payment System Act 2022.

2.6 Tax invoices. Taxable supply information (tax invoices) for inspection work is issued by the Brand Owner as the Location Operator's billing agent, under the Location Operator's name and GST registration, on the basis of the agency provisions of the Goods and Services Tax Act 1985 (section 60), and only one of them issues it for any supply. Where a Location Operator is not GST-registered, its documents say so and no GST is charged.

2.7 Reports are released on payment. The Brand Owner operates Report release on each Location Operator's behalf. Your Report is released to you once it has been finalised by the Location Operator and your invoice is paid in full, or your uploaded proof of bank transfer is approved, or the Location Operator authorises release; every such authorised release is recorded. This reflects the Client Terms, under which amounts are payable before a Report is released. Bank-transfer approval is a manual step and takes longer than card settlement.

2.8 Refunds and chargebacks. If a refund is required under the Client Terms, the Brand Owner processes it as agent, normally to the payment method you used. Nothing in these terms limits any card-scheme or statutory dispute right you have. If you believe a charge is wrong, contact the Location Operator (its details are on your invoice) or us at admin@inspectedresidential.co.nz first will usually resolve it fastest. A chargeback pauses a delivery that has not yet been released, and does not of itself cancel obligations under the Client Terms.

2.9 Overdue amounts. Late payment, interest on overdue amounts, and debt recovery are governed by the Client Terms, not by these terms.

2.10 Your consumer rights. Nothing in this Part or these terms excludes, restricts or modifies your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where you are a consumer. Clause 5.2 applies only where you acquire services in trade and agree to it.

Part 3: The Report Portal and our websites

3.1 Your link is personal. Access to the Portal is by a personal secure link (and, where enabled, a one-time code) sent to the named recipient. Your link is for you alone: do not forward or share it. Anyone with your link may be able to see your delivery exactly as you do.

3.2 Link lifecycle. Links expire after a period (by default 30 days), may be revoked, and are replaced, with the old link disabled, when a delivery is re-sent. If your link has expired, contact the Location Operator or use the resend option where offered. Expiry or revocation of a link is a security measure only: it never removes a Client's entitlement to a Report that has been paid for, and replacement access (or another secure copy) will be provided to an authorised recipient.

3.3 Acceptable use. you must not: use the Portal or our websites unlawfully; interfere with or test the security of the Platform; scrape, harvest or bulk-extract content; or copy, republish or systematically reuse report wording, templates or structures, which are the Brand Owner’s intellectual property licensed to the Location Operators.

3.4 Availability. We aim to keep the Portal and our websites available at all times, and we maintain them with reasonable skill and care, but, except for any guarantee the law implies that cannot be excluded, we do not promise uninterrupted or error-free availability, and maintenance windows may apply.

3.5 Your security duties. Keep your link and any code confidential, and tell us or the Location Operator promptly if you think your link has been used by someone else.

3.6 Our websites. Content on our public websites is general information about the brand and its services. It is not an inspection, not advice about any property, and prices shown are indicative until a Location Operator confirms a quote. Website content, branding and imagery are the Brand Owner’s intellectual property. Our websites may link to third-party sites we do not control and are not responsible for. If you leave a public review we may republish it for the brand's marketing; a testimonial (including your name or image) is only published with your agreement, and you can ask us to take either down at admin@inspectedresidential.co.nz

Part 4: The Location Operators

4.1 Locations operate under licence. Each Location Operator provides Services within the Location.

4.2 What the public can rely on. The statements in this document about the Brand Owner’s roles (clauses 1.2–1.3) and the payment arrangements (Part 2) describe arrangements each Location Operator has agreed to with the Brand Owner, including the appointment of the Brand Owner as its billing, payment and booking agent, and the promise that payment made to the Brand Owner discharges the invoice (clause 2.2).

Part 5: Liability and general

5.1 Consumer rights come first. If you are a consumer, nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other law that cannot be excluded. The rest of this Part applies only to the extent the law allows.

5.2 Business users. If you acquire the Brand Owner’s services in trade and agree to this clause in writing, then, in each case only where and to the extent the statutory conditions for doing so are met, and both parties agree it is fair and reasonable that they are bound: (a) the guarantees in the Consumer Guarantees Act 1993 do not apply as between you and the Brand Owner (section 43 of that Act); and (b) the parties contract out of the provisions of the Fair Trading Act 1986 to the extent section 5D of that Act allows. This clause does not apply to consumers, and nothing in it displaces the Fair Trading Act's unfair contract terms regime.

5.3 Liability cap. Subject to clauses 5.1 and 5.5:

• the Brand Owner’s total aggregate liability arising out of or in connection with these terms or the Brand Owner’s services to you, whether in contract, tort (including negligence), equity, under statute or otherwise, is limited to the amount of the specific payment or booking affected by the error giving rise to the claim, and does not extend to the value of the underlying inspection Services, responsibility for which remains with the Location Operator under its Client Terms

5.4 Consequential loss. Subject to clauses 5.1 and 5.5, neither you nor the Brand Owner is liable to the other for indirect or consequential loss of any kind, or for loss of profits, revenue, anticipated savings or goodwill.

5.5 What is never limited. Nothing in these terms limits or excludes liability: (a) that the law does not permit to be limited or excluded; or (b) arising from a party's fraud, dishonesty or wilful misconduct.

5.6 Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control (excluding an event that reasonable steps or reasonable care would have avoided, and excluding lack of funds), provided the affected party promptly notifies the other, uses reasonable endeavours to overcome the event, and keeps performing to the extent practicable.

5.7 Privacy. The Brand Owner collects, uses, holds and discloses personal information as described in the Brand Owner Privacy Policy and the Privacy Act 2020. Personal information is shared between the Brand Owner and the Location Operator servicing you for the purposes of delivering and administering the services; if a Location's business changes hands, the Brand Owner’s records stay with the Brand Owner, and the successor Location Operator is given the access reasonably needed to continue servicing you, subject to the Privacy Act and with notice where practicable; and information is processed by service providers who host or process it for us. You may request access to or correction of your personal information at admin@inspectedresidential.co.nz

5.8 Notices. Notices under these terms may be given by email: to you at the address you provided, and to the Brand Owner at admin@inspectedresidential.co.nz.

5.9 Assignment. The Brand Owner may transfer its rights and obligations under these terms to another member of its corporate group that does not perform inspection services and that assumes the Brand Owner’s obligations, on notice under clause 1.7; your accrued rights are unaffected by any such transfer. You may not assign your rights under these terms without the Brand Owner’s written consent.

5.10 Severability. If any provision of these terms is illegal, unenforceable or invalid (including if a court or tribunal declares a term unfair under the Fair Trading Act 1986) then, to the extent the law permits, the provision applies with the minimum modification needed to cure the defect or, where that is not permitted or possible, is severed; the rest of these terms continue in force. Any replacement term is made through the clause 1.7 process, not by this clause.

5.11 No waiver. A right under these terms can only be waived in writing by the party giving the waiver.

5.12 Survival. Clauses which by their nature should survive, including clauses 2.2, 3.3, and this Part 5, survive the end of these terms or of your use of the services.

5.13 Governing law. These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction. Nothing in this clause prevents a consumer from using the Disputes Tribunal or any other forum the law provides.

5.14 Problems and disputes. Complaints about an inspection or a Report go to the Location (its details are on your quote, invoice and report). Complaints about the Portal, the Platform, or a payment go to the Brand Owner at admin@inspectedresidential.co.nz. Before starting any court proceeding, you and we will each make reasonable, good-faith efforts to resolve the dispute directly. This clause does not limit either party's right to seek urgent relief, and does not limit a consumer's statutory rights.

End of the terms.

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