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Terms & Conditions
These Terms of Service ("Terms") govern your use of havnestate.com and the services provided by [[BUSINESS_LEGAL_NAME]] ([[NZBN]]) ("HAVN", "we", "us"). By using the Platform or creating an account, you agree to these Terms. If you do not agree, do not use the Platform.
1. What HAVN is — and is not
HAVN Estate operates a lead-generation marketplace that introduces homeowners who are considering selling to independent, licensed New Zealand real estate professionals ("Agents").
HAVN is not a licensed real estate agency under the Real Estate Agents Act 2008, does not carry out real estate agency work, does not act as your agent, and does not provide real estate, legal, financial or valuation advice. Any indicative property estimate shown on the Platform is a guide only and is not a registered valuation or a comparative market appraisal. HAVN does not guarantee the sale of any property or any particular outcome.
All agency services, agency agreements and commissions are arranged directly between the homeowner and the Agent they choose, off-platform.
2. Eligibility & accounts
- You must be at least 18 years old and able to enter a binding contract.
- You are responsible for keeping your account credentials secure and for activity under your account.
- You agree to provide accurate, current information and to keep it up to date.
3. Homeowners
- Listing your interest and being matched with Agents is free and carries no obligation to engage any Agent.
- You control how many Agents may contact you and by which channels. You can withdraw or change these preferences at any time.
- You agree that the property and contact information you submit is accurate and that you are entitled to provide it.
- Any agreement to sell your property is entered into solely between you and your chosen Agent. HAVN is not a party to it and earns no commission from your sale.
4. Agents
- To receive leads, you must hold a current licence under the Real Estate Agents Act 2008 and pass HAVN's verification against the REA public register. Accounts remain in a pending state until verified and may be suspended if your licence lapses or is cancelled.
- You must comply with all applicable laws and professional obligations, including the REA Act 2008, the REAA Code of Conduct, the Privacy Act 2020 and the Fair Trading Act 1986, in all dealings with homeowners introduced through HAVN.
- When you contact a homeowner introduced by HAVN, you must, consistent with IPP 3A, make clear that you received their details through HAVN.
- You must only use lead information for the purpose of providing real estate services to that homeowner, and must not on-sell, share or misuse it.
- HAVN provides introductions and tools only. HAVN does not guarantee any number of leads will convert, any commission, or any sale.
5. Subscriptions, billing & cancellation
- Agent access is provided on a monthly subscription in the tier you select (prices shown in NZD on the Pricing page). Payment is processed by Stripe.
- Subscriptions renew automatically each month until cancelled. You can cancel at any time via your dashboard / the Stripe customer portal; cancellation takes effect at the end of the current billing period and there is no lock-in.
- 14-day money-back guarantee: if you are not satisfied within 14 days of your first paid month, contact us at [[CONTACT_EMAIL]] for a full refund of that first month.
- Lead guarantee: where we offer a minimum-lead guarantee for your tier, the terms of any credit will be as stated at sign-up. Other than the first-month guarantee and any stated lead guarantee, fees are non-refundable for partial periods.
- We may change subscription pricing or tier features on reasonable notice; changes apply from your next billing period.
6. Acceptable use
You must not:
- use the Platform unlawfully, or to harass, mislead or harm any person;
- submit false, scraped or third-party information without authority;
- attempt to gain unauthorised access, interfere with, or reverse-engineer the Platform;
- use the Platform to send spam or unsolicited bulk communications;
- circumvent verification, billing, or contact-preference controls.
We may suspend or terminate accounts that breach these Terms.
7. Intellectual property
The Platform, its content and software are owned by HAVN or its licensors. You may use the Platform only as permitted by these Terms. Content you submit remains yours, but you grant HAVN a licence to use it as needed to operate the service (for example, to display a listing to matched Agents).
8. Consumer rights
Nothing in these Terms limits rights you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where they apply. Where you acquire services for the purposes of a business, you agree those Acts do not apply to the extent the law allows them to be contracted out.
9. Disclaimers & limitation of liability
- The Platform is provided "as is". To the maximum extent permitted by law, HAVN excludes all warranties not expressly stated.
- HAVN is not responsible for the conduct, advice, services, fees or performance of any Agent or homeowner. Your dealings with them are at your own risk.
- To the maximum extent permitted by law, HAVN's total liability arising out of or in connection with the Platform is limited to the amount you paid HAVN (if any) in the 12 months before the claim.
- HAVN is not liable for indirect or consequential loss, lost profits, or lost opportunities.
10. Indemnity
You agree to indemnify HAVN against claims, losses and costs arising from your breach of these Terms or your unlawful or negligent use of the Platform.
11. Termination
You may close your account at any time. We may suspend or terminate your access if you breach these Terms or if required by law. Sections that by their nature should survive (including 7, 9, 10) survive termination.
12. Governing law
These Terms are governed by the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the New Zealand courts.
13. Changes
We may update these Terms from time to time. The "Last updated" date shows the current version; continued use after changes means you accept them.
14. Contact
Questions about these Terms: [[CONTACT_EMAIL]], [[BUSINESS_LEGAL_NAME]], [[POSTAL_ADDRESS]].
Privacy Policy
This Privacy Policy explains how [[BUSINESS_LEGAL_NAME]] ("HAVN", "HAVN Estate", "we", "us", "our"), operator of havnestate.com (the "Platform"), collects, uses, discloses and protects your personal information. We handle personal information in accordance with the Privacy Act 2020 (New Zealand) and the Information Privacy Principles (IPPs).
HAVN Estate is a lead-generation marketplace that introduces homeowners to independent, licensed real estate professionals. HAVN is not a licensed real estate agency and does not itself carry out real estate agency work.
1. Who we are
The agency responsible for your personal information is [[BUSINESS_LEGAL_NAME]] ([[NZBN]]), [[POSTAL_ADDRESS]]. You can contact us about privacy at [[CONTACT_EMAIL]].
2. What personal information we collect
Depending on how you use the Platform, we may collect:
If you are a homeowner / property owner:
- Your name and contact details (email, phone).
- Property details you provide (address, property type, number of bedrooms/bathrooms, indicative value, your selling timeframe).
- Your contact preferences (how, when and how many agents may contact you).
- Messages you send through the Platform.
If you are a real estate agent:
- Your name, contact details and the agency you work for.
- Your Real Estate Authority (REA) licence number and verification status.
- Billing information processed by our payment provider (see section 6).
- Your dashboard activity (leads received, contacted, deal stages, performance metrics).
Automatically, for all visitors:
- Device and usage data (IP address, browser type, pages viewed, referring page) via cookies and similar technologies (see our Cookie Policy).
We only collect information that is necessary for the purposes set out below (IPP 1).
3. How we collect it
We collect information directly from you when you complete a form, create an account, subscribe, or contact us (IPP 2). We also collect usage data automatically. Where we receive information about you from a third party (for example, an agent passing on a referral), we will take reasonable steps to ensure you are aware of the collection.
4. Why we collect and use it
We use your personal information to:
- Operate the matching service — connecting homeowners with suitable, licensed agents based on the information provided;
- Verify that agents hold a current REA licence;
- Provide the agent dashboard, CRM and related features;
- Process agent subscription payments;
- Communicate with you (introductions, service messages, support, and — where permitted — marketing you can opt out of);
- Improve, secure and troubleshoot the Platform;
- Comply with our legal obligations.
We will not use or disclose your information for a purpose other than those above unless an exception in the Privacy Act applies (IPP 10 & 11).
5. Who we share it with
- Matched agents: If you are a homeowner, we share the property and contact details necessary for an introduction only with the agents you have allowed to contact you, and only up to the number you choose. Agents are required to tell you they received your details from HAVN, consistent with IPP 3A.
- Service providers (processors): We use trusted third parties who process data on our behalf, including Stripe (payment processing for agent subscriptions), our website hosting provider, our transactional email provider, and analytics providers (see Cookie Policy).
- Legal: We may disclose information where required by law, to enforce our Terms, or to protect the rights, safety or property of any person.
We do not sell your personal information.
6. Payments
Agent subscription payments are processed by Stripe. HAVN does not store your full card number. Stripe handles card data in accordance with PCI-DSS and its own privacy policy.
7. Cross-border storage
Some of our service providers (including Stripe and our hosting/email providers) may store or process information on servers located outside New Zealand. Where this occurs, we take reasonable steps to ensure your information is protected by comparable safeguards, consistent with IPP 12.
8. How long we keep it
We keep personal information only for as long as necessary for the purposes above or as required by law (IPP 9). Homeowner enquiry data is retained while your enquiry is active and for a reasonable period afterwards; agent account and billing records are retained for the life of the account and any legally required period after closure. You may ask us to delete your information (see section 9).
9. Your rights
Under the Privacy Act 2020 you have the right to:
- Access the personal information we hold about you (IPP 6); and
- Request correction of that information if it is wrong (IPP 7).
To exercise these rights, contact [[CONTACT_EMAIL]]. We will respond within 20 working days. You may also ask us to delete your information or stop contacting you, and you can unsubscribe from marketing emails at any time using the link in the email.
10. Security
We take reasonable technical and organisational steps to protect personal information from loss, misuse and unauthorised access, modification or disclosure (IPP 5), including encryption in transit (HTTPS), access controls, and using reputable providers. No system is perfectly secure; if a privacy breach occurs that is likely to cause serious harm, we will notify affected individuals and the Office of the Privacy Commissioner as required.
11. Cookies
The Platform uses cookies and similar technologies. See our Cookie Policy for details and how to manage them.
12. Children
The Platform is intended for adults (18+) buying, selling, or professionally dealing in property. We do not knowingly collect information from children.
13. Changes to this policy
We may update this policy from time to time. The "Last updated" date shows the current version. Material changes will be notified on the Platform.
14. Complaints
If you are concerned about how we have handled your personal information, contact us first at [[CONTACT_EMAIL]]. If you are not satisfied, you may complain to the Office of the Privacy Commissioner (privacy.org.nz, 0800 803 909).