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Terms & Conditions

Terms & Conditions

Last updated: 25 May 2026

Welcome to Market My Place. By accessing or using our website and services, you agree to be bound by these Terms & Conditions. Please read them carefully before listing a property, purchasing a package, or engaging any of our marketing services.

If you do not agree with any part of these Terms, you must not use the platform.

1. Definitions

In these Terms, the following words have the following meanings:

  • “Market My Place”, “we”, “us”, “our” means Market My Place and its operators.
  • “Platform” means the Market My Place website, listing tools, dashboards, and any related software or services.
  • “User”, “you”, “your” means any person or business who accesses the Platform, lists a property, or purchases a package.
  • “Listing” means a property advertisement published on the Platform.
  • “Package” means a paid product or service tier purchased through the Platform, including any marketing add-ons.
  • “Content” means any text, photographs, video, floor plans, pricing, descriptions, or other material submitted to the Platform.

2. Use of Service

Market My Place provides an online platform for property sellers to list residential and commercial properties for sale or for rent.

You must be at least 18 years of age and legally able to enter into a binding contract to use this service. By using the Platform you confirm that:

  • You are the owner of the property, or you have written authority from the owner to list it.
  • All information you provide is accurate, complete, and not misleading.
  • You will comply with the Fair Trading Act 1986, the Real Estate Agents Act 2008 (where applicable), the Residential Tenancies Act 1986 (where applicable), and all other relevant New Zealand laws.

You agree not to use the Platform for any unlawful, fraudulent, or deceptive purpose, and not to interfere with the proper operation of the Platform.

3. Listing Packages

Property listings are made available through paid packages. By purchasing a Package you acknowledge that:

  • Package fees are non-refundable once a Listing has been published, regardless of whether the property sells, rents, is withdrawn, or is delisted by you.
  • Listing durations begin from the date of publication, not the date of purchase.
  • If your Listing is removed because it breaches these Terms or any law, no refund will be issued.
  • We reserve the right to refuse, suspend, or remove any Listing at our sole discretion, including Listings we believe are misleading, duplicate, low quality, or unlawful.

Optional extras (featured placement, social posts, additional photography, signage, etc.) are subject to the description on the order page at the time of purchase.

4. Marketing Services & No Guaranteed Results

Some Packages include marketing deliverables such as social media posts, paid advertising, photography, videography, floor plans, listing copywriting, syndication to third party portals, email blasts, or signage.

You acknowledge and agree that:

  • No outcome is guaranteed. We do not warrant that any Listing will result in a sale, a rental, an enquiry, a viewing, a particular sale price, or a particular timeframe.
  • No traffic or impression volume is guaranteed. Reach, impressions, clicks, enquiries, views, and ad performance are influenced by factors outside our control, including the property itself, asking price, market conditions, third party platform algorithms, weather, seasonality, and buyer demand.
  • Deliverables are defined by scope, not by result. Where a Package lists a number of deliverables (for example, “10 social posts” or “30 days of boosted ads”), our obligation is to deliver those items, not to achieve any particular outcome from them.
  • Third party advertising costs (such as Meta, Google, or TradeMe ad spend) are either included as a fixed amount stated in your Package or invoiced at cost. We do not control the pricing, delivery, or performance of third party advertising platforms.
  • Creative discretion. Unless otherwise agreed in writing, we have reasonable creative discretion over the look, tone, and structure of marketing materials we produce for your Listing.
  • Revisions. Where revisions are included in your Package, they are limited to the number stated. Additional revisions may be quoted separately.
  • Approval and turnaround. Marketing deliverables are scheduled based on receipt of the materials we need from you (photos, access, copy approvals, etc.). Delays caused by waiting on the User do not extend the Package term and do not entitle the User to a refund.

5. Accuracy of Information

You warrant that all property details, images, prices, descriptions, and other Content you submit are truthful, current, lawful, and do not infringe the rights of any third party (including copyright, privacy, and trade mark rights).

Market My Place accepts no liability for errors, omissions, or misrepresentations in Listings submitted by Users. You are solely responsible for the accuracy of your Listing and for complying with all disclosure obligations under New Zealand law.

You agree to indemnify Market My Place against any claim, loss, or expense arising from inaccurate, misleading, or unlawful Content you submit.

6. Intellectual Property

By submitting Content to Market My Place, you grant us a non-exclusive, royalty-free, worldwide licence to host, display, reproduce, adapt, and promote that Content:

  • on the Platform for the duration of your Listing, and
  • on our own marketing channels (social media, advertising, case studies, portfolio) on an ongoing basis, including after your Listing has expired, unless you request removal in writing.

Any creative materials we produce for you (photography, video, copy, design, edits) remain our intellectual property until your Package has been paid in full, at which point you receive a non-exclusive licence to use those materials for the purpose of marketing the property listed. We retain the right to reuse those materials in our own portfolio and marketing.

You must not copy, scrape, resell, or republish any part of the Platform or another User’s Listing without our written permission.

7. Platform Availability, Downtime & Technical Issues

We make reasonable efforts to keep the Platform available, but you acknowledge and agree that:

  • The Platform is provided “as is” and “as available”. We do not guarantee uninterrupted access, error free operation, or a specific level of uptime.
  • Downtime is a normal part of operating any online service. Scheduled maintenance, unscheduled outages, hosting provider issues, DNS problems, software bugs, third party API failures, internet routing issues, and similar interruptions may occur from time to time.
  • No service credit or refund is owed for downtime, unless the outage materially prevents the use of a paid Listing for a continuous period of more than 7 days, in which case our sole liability is to extend the affected Listing by the equivalent period.
  • We are not responsible for losses caused by downtime, including lost enquiries, lost viewings, lost sale opportunities, or lost ad spend, and you accept this risk as a condition of using the Platform.
  • Third party services. Parts of the Platform rely on services operated by third parties (hosting, payment processing, email delivery, ad networks, listing portals, analytics, AI tools). We are not liable for the performance, availability, or actions of those third parties.
  • Data and backups. While we take reasonable steps to protect your data, you are responsible for keeping your own copies of any Content or records that matter to you.

We may also take the Platform offline temporarily for maintenance, upgrades, or security reasons without notice.

8. Payments

All prices are displayed in New Zealand Dollars (NZD) and include GST where applicable. Payments are processed securely via Stripe. Market My Place does not store your card details.

Failed or reversed payments (including chargebacks) may result in the immediate suspension or removal of your Listing. You agree to reimburse us for any reasonable costs we incur as a result of a failed payment or chargeback.

Where a Package is invoiced rather than paid up front, payment is due within 7 days of the invoice date unless otherwise agreed in writing.

9. Refunds

Other than the limited Platform downtime extension described in clause 7, fees are non-refundable.

We will consider refunds in cases where we have not yet commenced work on a Package or published a Listing, but any refund granted is at our sole discretion and may be reduced by reasonable administrative costs and any third party fees already incurred (such as ad spend, photographer call out fees, or signage).

This clause does not affect your rights under the Consumer Guarantees Act 1993 to the extent that Act applies.

10. User Conduct

You agree not to:

  • Submit Listings for properties you do not own or have authority to list.
  • Misrepresent the property, its features, its price, or its location.
  • Upload Content that is illegal, defamatory, obscene, discriminatory, or that infringes any third party’s rights.
  • Attempt to gain unauthorised access to the Platform, other Users’ accounts, or any underlying systems.
  • Use the Platform to send spam, scrape data, or harvest contact details.
  • Use automated tools (bots, scripts, scrapers) on the Platform without our written permission.

We may suspend or terminate your account immediately, without refund, if we believe you have breached this clause.

11. Suspension & Termination

We may suspend, restrict, or terminate your access to the Platform at any time, with or without notice, if:

  • you breach these Terms,
  • we are required to do so by law,
  • we reasonably believe your Listing or Content is misleading, unlawful, or harmful, or
  • your payment fails or is reversed.

Termination does not entitle you to a refund of fees already paid, except as required by law.

12. Limitation of Liability

To the maximum extent permitted by New Zealand law:

  • Market My Place’s total aggregate liability to you, for any cause whatsoever, is limited to the amount you have paid us under the specific Package giving rise to the claim in the 6 months immediately before the claim arose.
  • We are not liable for any indirect, incidental, special, consequential, or punitive loss, including loss of sale, loss of buyer, loss of profit, loss of opportunity, loss of goodwill, loss of data, or loss of reputation.
  • We are not liable for any act, omission, or failure of any third party (including buyers, tenants, lawyers, valuers, photographers, signwriters, ad networks, or listing portals).
  • Nothing in these Terms is intended to limit any rights you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot be lawfully excluded.

Where you are using the Platform in trade (for example, as a property investor, developer, landlord, or business), you agree that the Consumer Guarantees Act 1993 does not apply to your use of the Platform to the maximum extent permitted by law.

13. Indemnity

You agree to indemnify and hold harmless Market My Place, its directors, employees, contractors, and agents from any claim, loss, damage, cost, or expense (including reasonable legal fees) arising from:

  • your use of the Platform,
  • any Listing or Content you submit,
  • your breach of these Terms, or
  • your breach of any law or third party right.

14. Force Majeure

We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including natural disasters, severe weather, fire, pandemics, war, civil unrest, strikes, acts of government, internet or power outages, hosting provider failures, third party platform outages, or cyber attacks.

15. Privacy

Your personal information is handled in accordance with our Privacy Policy and the New Zealand Privacy Act 2020.

16. Communications

By creating an account or purchasing a Package, you consent to receive transactional, service, and account related communications from us by email, SMS, or phone. You may opt out of marketing communications at any time, but you cannot opt out of essential service communications while you have an active Listing.

17. Changes to These Terms

We may update these Terms from time to time. The “Last updated” date at the top of this page indicates when the latest version took effect. Continued use of the Platform after any changes constitutes your acceptance of the revised Terms. If you do not accept the updated Terms, you must stop using the Platform.

18. Severability

If any part of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

19. Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms to any successor, purchaser, or affiliate without notice.

20. Entire Agreement

These Terms, together with any Package description, order confirmation, and our Privacy Policy, form the entire agreement between you and Market My Place and supersede any prior representations or agreements relating to the Platform.

21. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes shall be subject to the exclusive jurisdiction of the New Zealand courts.

22. Contact Us

If you have any questions about these Terms, please contact us at 022 140 7334 or via the contact form on our website.

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