Terms of Use

1. General

a. Website

This website, https://myrent.co.nz/ (“website”), is owned, operated and maintained by myRent Ltd (“myRent”), a company registered in New Zealand (Company Number: 6357753).

b. Nature of myRent.co.nz services

myRent provides a service that:
i. Facilitates property owners in self-managing a tenancy of a residential property;
ii. Collects rent from tenants on behalf of property owners;
iii. Allows tenants access to the website in order to manage their tenancy in cooperation with property owners.

c. Fees and Charges

myRent deducts a 1% (plus GST) service charge from all rental payments. The service charge constitutes payment from the property owner to myRent for access to the myRent website and associated service.

Tenants using the myRent website are not charged for access as tenants.

Any fees or charges paid by users of the myRent website are NOT REFUNDABLE.

d. Contractual Relationships

i. By using the myRent website and associated services, a property owner enters into a contractual relationship with myRent that is governed by these Terms of Use.

ii. As a property owner, you agree that, for any tenancy that you choose to manage through the myRent website and associated services, that you will continue to manage that tenancy through the myRent website and associated services for any such period as you determine. This term is subject to other terms in these Terms of Use relating to termination of accounts and agreements. By agreeing to continue to use myRent to manage your tenancy, you agree that, amongst other matters, all rent paid for that tenancy during that period must be paid through the myRent Rent Collection Property Management Service (see clause 3(b)(iv)-(xi).

iii. myRent is not a party to, or bound by, the terms of any contractual relationship, including but not limited to a Residential Tenancy Agreement, between a property owner and a tenant.

e. Agreement to be bound by these Terms of Use

i. By accessing, registering or in any other way using the myRent website and associated services, you agree to be bound by these Terms of Use. These Terms of Use apply to any user of the website, including both property owners and tenants.

ii. If you violate any of these Terms of Use, myRent may, at its sole discretion, remove or suspend your account and disallow access to the associated services. See clause 2(c) of these Terms of Use for further provisions regarding suspension or removal of accounts.

f. Legal Compliance

myRent endeavours to fully comply with any relevant New Zealand laws governing the provision of its services, including:

• Consumer Guarantees Act 1993
  
• Fair Trading Act 1986
  
• Privacy Act 1993
  
• Commerce Act 1986
  

Property owners and tenants must comply with the terms of the agreement between them, which may include, but are not limited to, the following laws:

• Residential Tenancies Act 1986
  
• Unit Titles Act 2010
  
• Building Act 2004
  
• Consumer Guarantees Act 1993
  
• Fair Trading Act 1986
  

myRent will provide information to property owners and tenants to help them comply with some of their obligations arising under the laws listed above.

However, responsibility for compliance ultimately remains with property owners and tenants. Property owners and tenants should review the relevant laws and regulations for their property type and local area, including local government planning regulations, and seek independent legal advice or other professional advice before leasing their property.

g. Modification of Terms of Use

i. myRent may, in its sole discretion, modify, vary, amend, or revise these Terms of Use (including, without limitation, any associated services provided to a property owner or tenant under these Terms of Use) at any time. You agree to be bound by any varied terms in these Terms of Use.

ii. myRent will endeavour to notify you of any significant changes to these Terms of Use from time to time. You agree that you will also periodically review the most up-to-date version of these Terms of Use as part of your usage of this website and associated services.

h. Definitions

In these Terms of Use, the following terms have the specified meaning:

• “property owner” - means a person who rents out a property that they own or that they have the right to lease (e.g. a tenant who sub-lets to a sub-tenant). “Landlord” may be used in the alternate to “property owner”.
  
• “landlord” - has the same meaning as in the Residential Tenancies Act 1986 (NZ).
  
• “tenant” - has the same meaning as in the Residential Tenancies Act 1986 (NZ).
  
• “tenancy” - has the same meaning as in the Residential Tenancies Act 1986 (NZ).
  
• “Residential Tenancy Agreement” - has the same meaning as in the Residential Tenancies Act 1986 (NZ).
  
• “user” - means any person who uses or accesses the myRent website or associated services, regardless of whether they are a property owner, tenant, or any other person.
  
• “intellectual property rights” - means copyright, patents, trademarks, designs and other statutory rights and all common law or equitable rights protecting business or personal reputation.
  
• “associated services” - means any services provided to a property owner or landlord by myRent as part of their use of the myRent website. “Property management services” may be used in the alternate to “associated services” in these Terms of Use.
  
• “personal information” - has the same meaning as in the Privacy Act 1993 (NZ).
  

i Users of Website and Associated Services

i. myRent does not vet, question, or check in any way any user of the website and associated services, including those who are property owners or tenants. Further, myRent does not conduct any identity checks or personal verification of any user of the website and associated services. myRent does not in any way warrant or guarantee the accuracy of any user’s identity in using the website and associated services.

ii. myRent does not conduct any inspections or other checks of any property that is the subject of a tenancy that is managed through the website and associated services. Further, myRent in no way guarantees, warrants, or certifies the quality or condition of any property that is the subject of a tenancy that is managed through the website and associated services.

iii. By using the website and associated services, you:

• Agree to abide by any and all laws, including, but not limited to, residential tenancy laws, planning and building laws and regulations, and local government regulations and by-laws.
  
• Agree to use your true and actual identity at all times when using the website and interacting with any other user.
  
• Agree that you are solely responsible for the management of any tenancy that is managed through the website and associated services.
  
• Agree that any and all information or other content that you upload or otherwise supply to the Website and associated services, myRent, or any other user is true and correct. If any such information changes, you must notify myRent and any affected other user as soon as reasonably practicable.
  

iv. myRent does not make any representation or provide any warranty or guarantee in respect of any user of the Website and associated services including, but not limited to, any representation or warranty in respect of the suitability, behavioural characteristics of or creditworthiness of any user of the website and associated services.

j. Conduct of Users

i. By using the website, you understand that you are solely and wholly responsible for your actions, conduct, and speech communicated on or otherwise affecting the website and associated services and the experience of any other user in using the website and associated services.

ii. myRent is not in any way responsible for the actions, conduct, or speech of any user in using the website and associated services. Further, myRent is not an agent or representative for any user, nor does it guarantee or endorse the lawfulness or truth of any words, actions, or speech taken by any user.

iii. myRent is not liable for any losses incurred as a result of the actions, conduct, or speech of any user of the website or associated services.

2. Accounts

a. Creation of Account

i. In order to use the myRent website and associated services as either a property owner or a tenant, you must register for an account with myRent. To register for an account, you must provide the following details:

• Your name
  
• Your email address
  
• Your mobile telephone number
  

ii. You must not register for an account with myRent using false or incorrect information. The provision of false or incorrect information to myRent forms grounds for suspension or removal of your account and denial of access to associated services at the sole discretion of myRent.

iii. In order to use the myRent website and associated services you must:

• be aged 18 years or older; or
  
• if you are aged under 18 years of age, have the permission or consent of your parents or legal guardians to register for an account.
  

iv. By registering for an account with myRent, you represent and warrant that the information provided to myRent is true and correct.

v. If, at any time while you hold an account with myRent, the information you have provided ceases to be true and correct, you agree to notify myRent as soon as reasonably practicable of the relevant change in information. Notification of change to information should be given by changing your account information on your myRent account on the myRent website.

vi. Any and all information provided by you to myRent will be treated in accordance with the myRent Privacy Policy.

b. Account Security

i. You must not access myRent or the associated services through another person’s account.

ii. You, and you alone, are solely responsible for any activity or actions which occur through your account. You are responsible for restricting access to your account solely to you. You should take all reasonable steps to secure access to your account and prevent other people from gaining access to your account.

iii. You must keep your account details, which includes your password details, secure at all times. You must notify myRent immediately if:

• there is a breach of security of any of your account details; or
  
• you suspect that there has been a breach of security of any of your account details; or
  
• you suspect there has been unauthorised access to your account.
  

c. Termination of Account

myRent may, in its absolute and sole discretion, suspend or terminate your account and deny access to associated services if:

• you breach, violate, or infringe any part of these Terms of Use; or
  
• in the sole opinion of myRent, your continued use of the myRent website and/or associated services will or may bring the reputation of myRent.co.nz into disrepute or cause myRent.co.nz to be in breach of any applicable law in any jurisdiction.
  

3. Use of Property Management Services

This section sets out the property management services of myRent, the terms upon which those services are provided to property owners, tenants, and other users, and the terms upon which those services must be used by property owners, tenants, and other users.

a. General

Right to Use Property Management Services
i. By creating an account in accordance with these Terms of Use, you as a user gain access to the property management services relevant to your status as either a property owner or tenant, subject to your agreement to pay any fees or charges as required by these Terms of Use.

Addition and Retraction of Property Management Services
ii. myRent may from time to time, at its sole and absolute discretion, add or retract access to property management services at any time. Access may be added or retracted generally for all users or for specific users. myRent will endeavour to inform all users of the addition or retraction of any services and to maintain these Terms of Use to account for any changes in the Property Management Services provided.

Property Management Services provided by myRent
iii. The Property Management Services provided to myRent include, but are not limited to, the following:

• rent collection
  
• a system for logging and tracking maintenance issues associated with a tenancy
  
• electronic storage of documents associated with a tenancy agreement
  
• resources (for informational purposes only) related to tenancies
  

Provision of Access to myRent website and associated services
iv. myRent will endeavour to make the website and associated services available for use 24 hours a day, days a week.

v. You accept, however, that it will be necessary to take-down the website and temporarily stop providing associated services from time to time for purposes of regular maintenance of the website and to make improvements to the website for your benefit.

vi. You also accept that circumstances beyond the control of myRent may arise, such as problems associated with internet or webhosting services, that may make the website and associated services inaccessible.

vii. You understand and accept that in any of the abovementioned circumstances myRent does not and will not incur any liability to you for any losses to you from any such interruption or cessation of the website or associated services, regardless of how any such liability would otherwise arise.

Information provided does not constitute advice
viii. myRent will provide information through the website and associated services from time to time in the form of articles, blog posts, FAQs, guides, and similar on topics including: the rights and obligations under New Zealand law of landlords and tenants, how to manage a rental property, finding tenants, the nature of and trends in the New Zealand property market, and commentary on laws and policies relevant to renting.

ix. All such information is of a general nature only and should be used exclusively for informational and personal interest purposes. In no way whatsoever does such information constitute legal, investment, property, or other professional advice. This information does not consider your personal circumstances, objectives, financial situation, or any other specific needs.

x. You must not regard or take this information as advice. Nor should you rely on this information as the basis for any legal action or communication, negotiating, entering or terminating any agreement, incurring any financial liabilities, or making any kind of public communication.

xi. You should seek professional legal, property, accounting, or other advice as required that is able to account for your particular circumstances.

Code of Conduct
Note: Infringement, violation, or breach of any of the following terms will form grounds for suspension or removal of your account and/or denial of access to any associated services. Determination of any such infringement, violation, or breach is at the sole and absolute discretion of myRent.

You must not, nor attempt, to do any of the following:
xii. Use the website or associated services for any purposes other than for managing a tenancy as a property owner or tenant or, as a property owner, seeking a new tenant for a rental property.

xiii. Use the website or associated services in any manner that causes, or is likely to cause, the website or any associated services to be interrupted, damaged, rendered less efficient, or that impairs the effectiveness or functionality of the Website. This includes usage that causes, or is likely to cause, access to the website or associated services to be interrupted, damaged, rendered less efficient, or that impairs their effectiveness or functionality.

xiv. Authorise any person to do any act which would, if that act was performed by you, infringe any intellectual property rights of myRent, licensors of myRent, or any third parties.

xv. In any way reverse engineer, decompile, disassemble, modify, translate, or in any other way uncover the source code of any software that forms part of the website or associated services.

xvi. Capture or copy any software on the website for any reason whatsoever. Temporary copies for facilitating a technical computing process are excepted.

xvii. Hack, infiltrate, or in any way do any other action that may compromise the website or any associated services.

xviii. Cause myRent to lose (whether wholly or partly) the services of any of myRent’s internet service providers (ISPs) or that of any other supplier.

xix. Introduce any computer virus, macro viruses, trojan horses, worms, or anything else designed to interrupt, interfere with, or disrupt the normal operating conditions and procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information that is owned by, stored by, or otherwise held by myRent.

xx. Prevent, restrict, or otherwise impede myRent from complying with any applicable law, industry code, or court order.

xxi. Use the website or any associated services for any improper or unlawful purpose, or in a manner that causes a nuisance, or that causes the operation of any associated service to be jeopardised or impaired. ‘Unlawful purpose’ means any purpose considered unlawful according to the law of any national jurisdiction.

xxii. Use the website or any associate service in any manner that provides, aids, abets, procures, counsels, or assists any person to provide, encourage, solicit, or entice the provision of, any services or acts of a sexual nature, regardless of whether it is for monetary consideration, non-monetary consideration, or no consideration whatsoever.

xxiii. Use the website or any associated service to create, host, or transmit any defamatory, offensive, or obscene material, or to engage in activities that cause, or that are likely to cause, offence to, insult, humiliate, or intimidate any person on the ground of race, religion, creed, sex, gender identity, or sexual preference. Determination of whether material is defamatory, offensive, or obscene is at the sole and absolute discretion of myRent. Determination of whether actions cause, or are likely to cause, offence, insult, humiliation, or intimidation is at the sole and absolute discretion of myRent.

xxiv. Use the website or any associated services in a manner that harms, or that is likely to harm, any persons in any way (including those under 18 years of age). This includes use of the website in a manner that attempts to harm any persons. Determination of whether usage of the website is harmful, or is likely to be harmful, is at the sole and absolute discretion of myRent.

xxv. Use the website or any associated services to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or that would constitute a criminal offence in any national jurisdiction, or that would give rise to civil liability in any national jurisdiction. Determination of whether material threatens or encourages bodily harm or property destruction is at the sole and absolute discretion of myRent.

xxvi. Use the website or any associated services to create, host, or transmit any material which infringes, violates, or breaches the Intellectual Property Rights (including copyright, trademark, patent, trade secret, or other rights) of myRent or any other party.

xxvii. Use the website or any associated services to create, host, or transmit any unsolicited advertising or promotional material to any other user.

xxviii. Use the website or any associated service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. This prohibition includes engaging in screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other data.

xxix. Use the website or any associated service to perform any action that adversely affects the ability of other people or systems to use the website or associated services, or internet generally, including the uploading of files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.**

xxx. Impersonate any person or entity or use a false name, or a name that you are not authorised to use, while using the website or any associated service.

xxxi. Use abusive or unnecessarily aggressive language in communications with any other user or any member of myRent staff.

b. Services Provided to Property Owners

i. Property Owners who have an account with myRent are provided with access to the property management services for the purpose of self-managing their rental property(ies).

ii. You, as a property owner who has an account with myRent, agree to pay a fee of 1% (plus GST) to myRent of all rental payments received from all tenants with whom you have a tenancy that is managed through the myRent website and associated services. This 1% (plus GST) fee is in consideration for the provision of access to your account and the associated services.

iii. You agree that the above-mentioned 1% (plus GST) fee is only payable by way of automatic deduction by myRent from the rent payments made by tenants through the myRent rent collection property management service. See clause 3(b)(iv) below for more terms and details regarding the rent collection property management service.

Rent Collection Property Management Service
iv. You agree that by creating and using an account with myRent as a property owner and by managing a tenancy through the website and associated services that all rent from all such tenancies must be paid through the myRent Rent Collection Property management service.

v. You agree to negotiate with every tenant with whom you have a tenancy that is managed through the website and associated services to make it a term of the relevant agreement with that tenant(s) that all rent to be paid under the agreement will be paid through the myRent Rent Collection Property Management Service. This includes both of the following circumstances: (a) When negotiating a new tenancy agreement, including it as a term of the tenancy agreement that the tenant must pay rent using the myRent rent collection property management service; (b) When there is an existing tenancy agreement the management of which is transferred onto the website and associated services, you agree to negotiate with the tenant to vary the terms of the tenancy agreement to require the tenant to pay rent through the myRent rent collection property management service.

vi. You agree that myRent may deduct a 1% fee (plus GST) from all rent payments received from tenants, as consideration for your access to the website and associated services, before the remaining amount is transferred to your nominated account.

vii. You agree to provide accurate and up-to-date bank account details to myRent in order to allow myRent to transfer rental payments to you. You agree to ensure that your bank details are accurate and up-to-date and that your nominated account remains open and capable of receiving electronic funds transfers.

viii. You understand that if you provide false or incorrect bank account details that you forfeit any amounts transferred by myRent to those false or incorrect details.

ix. You agree that myRent may hold rental payments received from tenants in the myRent account until those funds (minus the 1% (plus GST) fee) are transferred to you pursuant to the above clauses.

x. You understand that encouraging, demanding, requesting, or otherwise requiring a tenant (with whom you have a tenancy managed through the website and associated services) to pay any amount of any rent payment through any means other than the myRent Rent Collection service constitutes a breach of these Terms of Use and forms grounds for termination or suspension of your account at the sole discretion of myRent.

xi. You understand that it is a breach of these Terms of Use to receive rent payments directly from the tenant or by any means other than than through the myRent Rent Collection service for any tenancy managed through the website and associated services.

Transfer of Rent Payments to property owners
xii. Provided that you have supplied correct and up-to-date bank account details to myRent and that myRent has received cleared rental payments from the tenant, myRent will transfer all rental payments received from tenants to you (minus the 1% (plus GST) fee detailed above).

xiii. Once rental payments from tenants have cleared in the myRent account, myRent will transfer rental payments to you as soon as reasonably practicable. myRent will endeavour to ensure that funds are transferred within 3 business days once myRent receives payment from the tenant.

xiv. For the sake of clarity, nothing in clauses 3(b)(x) or (xi) creates an obligation for myRent to pay any money to you as a property owner unless myRent has previously received a corresponding rent payment from a tenant under a tenancy managed through the website and associated services. myRent does not, in any respect, guarantee the rent payments of tenants.

Maintenance Logging Property Management Service
xv. myRent will provide access to the Maintenance Logging Property Management Service to any property owner who has an account with myRent.

xvi. The Maintenance Logging service will allow property owners to detail any maintenance issues relating to the property subject to a tenancy managed through the website and associated services. The service will also allow property owners to access and view any maintenance issues logged and detailed by tenants in relation to the property.

xvii. The purpose of the Maintenance Logging service is to provide a single, easily accessible repository for detailing and managing all maintenance issues associated with a tenancy managed through the website and associated services.

Document Storage Property Management Service
xviii. myRent will provide access to the Document Storage Property Management Service to any property owner who has an account with myRent.

xix. The Document Storage service will allow property owners to upload, view, and share any documents associated with management of a tenancy managed through the website and associated services. The Document Storage service also allows property owners to view and share any documents uploaded by the tenant.

xx. In order to edit any document previously uploaded to the Document Storage service, you as a property owner understand that you must upload a new edited version of the relevant document. You understand that there is no capacity to directly edit any document through the Document Storage service.

xxi. Subject to clauses 3(a)(iv)-(vii) above, myRent will endeavour to provide property owners with access to the Document Storage service 24 hours, 7 days a week.

xxii. You understand that the only digital formats of documents or images that may be uploaded to the Document Storage service are:

• PDF (portable document format)
  
• Images (JPEG, PNG, or similar)
  You may not upload Word documents (or similar).
  

xxiii. The purpose of the Document Storage service is to provide a single, easily-accessible repository for all documents and images that relate to the management of a tenancy managed through the website and associated service. The service is accessible to both the property owner and tenant for each tenancy managed through the website and associated services.

Resources and Information Property Management Service
xxiv. myRent will provide access to the Resources and Information Property Management Service to any property owner who has an account with myRent.

xxv. The Resources and Information service comprises various informative resources such as blog articles and guides covering a range of topics relevant to the management of tenancies and the property market. The content and nature of this service is at the discretion of myRent.

xxvi. Subject to clauses 3(a)(iv)-(vii) above, myRent will endeavour to provide property owners with access to the Resources and Information service 24 hours, 7 days a week.

xxvii. The content of the Resources and Information service may be amended from time-to-time by myRent.

xxviii. The purpose of the Resources and Information service is to provide information of a general informative nature to property owners and tenants. The information does not in any way constitute professional or legal advice. You should not rely on this information in way whatsoever to incur any liabilities, enter any transaction, or initiate or continue legal action. You should professional legal (or other) advice relevant to your particular circumstances. myRent does not accept any liability that may arise from the use of this information.

Miscellaneous Property Management Services
xxix. myRent may, from time to time, add further Property Management Services or augment existing Property Management Services accessible to property owners who have an account with myRent. myRent will endeavour to provide updated terms of use for those new or augmented services. In the absence of updated terms of use for new or augmented services, you agree to be bound by these terms of use so far as they govern the use of the website and associated services generally.

c. Services Provided to Tenants

i. Tenants who have an account with myRent are provided with access to the property management services for the purpose of managing any tenancy they hold that is managed through the myRent website and associated services.

ii. You, as a tenant, understand that it is a requirement for use of the myRent website and associated services that you make all rental payments under your agreement to myRent.

iii. You agree to using the myRent website and associated property management services according to these Terms of Use.

Rent Collection Property Management Service
iv. You agree that by creating and using an account with myRent as a tenant, and by managing a tenancy through the website and associated services, that all rent that you pay under your Residential Tenancy Agreement must be paid through the myRent Rent Collection Property Management Service.

v. You agree to cooperate with the property owner for your tenancy to make it a term of your Residential Tenancy Agreement that all rent payments are made through the myRent Rent Collection service. This applies to the creation of new Residential Tenancy Agreements or to varying existing Residential Tenancy Agreements. Further, you understand that it constitutes a breach of these Terms of Use to make rent payments directly to the property owner or by any means other than through the myRent Rent Collection service.

vi. You agree to pay 100% of every rent payment under your Residential Tenancy Agreement through the myRent Rent Collection service.

vii. myRent will provide the following means by which rental payments may be made:

• Credit card: all credit cards may be used; all credit card transactions will incur a 2.6% fee + gst.
  
• Debit card: all debit cards may be used; all debit card transactions will incur a 2.6% fee + gst.
  
• Direct Bank Transfer: direct debit from bank account to myRent account; no transfer fees.
  
• Recurring Bank Transfer: direct debit from bank account to myRent account on a set, regular basis through your account; no transfer fees.
  Note: rent payments cannot be made by cash, cheque, or any other means.
  

viii. You understand that any error or mistake by you in making rent payments such that payment is made to, for example, the wrong account or any account other than the specified myRent account does not discharge your obligation under your Residential Tenancy Agreement to pay rent to the property owner (landlord) or your obligation under these Terms of Use to pay your rent through the myRent Rent Collection service. In such a case of mistaken payment, you must make a further payment through the myRent Rent Collection service. myRent is not liable in any respect for any mistaken payments made by you.

ix. You understand that the time of payment for rent specified in your Residential Tenancy Agreement constitutes the time at which you must make payment through the myRent Rent Collection system.

x. myRent does not, in any way, guarantee rent payments of you as a tenant to the property owner. You as a tenant retain the sole duty and obligation under the Residential Tenancy Agreement to make rent payments.

Late or Overdue Rent
xi. You understand that failure to pay rent on time constitutes a breach of your Residential Tenancy Agreement with the property owner (landlord). You understand that the property owner has the right to demand payment of all overdue rent. You further understand that non-payment of rent may constitute grounds for termination of the tenancy by the property owner. Any and all late rent payments must be made through the myRent Rent Collection service according to the terms described above.

Maintenance Logging Property Management Service
xii. myRent will provide access to the Maintenance Logging Property Management Service to any tenant who has an account with myRent.

xiii. The Maintenance Logging service will allow tenants to detail any maintenance issues relating to the property subject to a tenancy managed through the website and associated services. The service will also allow property owners to access and view any maintenance issues logged and detailed by tenants in relation to the property. Property owners may also log maintenance issues as per clause 3(b)(xvi).

xiv. The purpose of the Maintenance Logging service is to provide a single, easily accessible repository for detailing and managing all maintenance issues associated with a tenancy managed through the website and associated services.

Document Storage Property Management Service
xv. myRent will provide access to the Document Storage Property Management Service to any tenant who has an account with myRent.

xvi. The Document Storage service will allow tenants to upload, view, and share any documents associated with management of a tenancy managed through the website and associated services. The Document Storage service also allows tenants to view and share any documents uploaded by the property owner.

xvii. In order to edit any document previously uploaded to the Document Storage service, you as a tenant understand that you must upload a new edited version of the relevant document. You understand that there is no capacity to directly edit any document through the Document Storage service.

xviii. Subject to clauses 3(a)(iv)-(vii) above, myRent will endeavour to provide tenants with access to the Document Storage service 24 hours, 7 days a week.

xix. You understand that the only digital formats of documents or images that may be uploaded to the Document Storage service are:

• PDF (portable document format)
  
• Images (JPEG, PNG, or similar)
  Note: You may not upload Word documents (or similar)
  

xx. The purpose of the Document Storage service is to provide a single, easily-accessible repository for all documents and images that relate to the management of a tenancy managed through the website and associated service. The service is accessible to both the property owner and tenant for each tenancy managed through the website and associated services.

Resources and Information Property Management Service
xxi. myRent will provide access to the Resources and Information Property Management Service to any tenant who has an account with myRent.

xxii. The Resources and Information service comprises various informative resources such as blog articles and guides covering a range of topics relevant to the management of tenancies and the property market. The content and nature of this service is at the discretion of myRent.

xxiii. Subject to clauses 3(a)(iv)-(vii) above, myRent will endeavour to provide tenants with access to the Resources and Information service 24 hours, 7 days a week.

xxiv. The content of the Resources and Information service may be amended from time-to-time by myRent.

xxv. The purpose of the Resources and Information service is to provide information of a general informative nature to property owners and tenants. The information does not in any way constitute professional or legal advice. You should not rely on this information in way whatsoever to incur any liabilities, enter any transaction, or initiate or continue legal action. You should professional legal (or other) advice relevant to your particular circumstances. myRent does not accept any liability that may arise from the use of this information.

Miscellaneous Property Management Services
xxvi. myRent may, from time to time, add further Property Management Services or augment existing Property Management Services accessible to tenants who have an account with myRent. myRent will endeavour to provide updated terms of use for those new or augmented services. In the absence of updated terms of use for new or augmented services, you agree to be bound by these terms of use so far as they govern the use of the website and associated services generally.

d. Termination of Account or Agreement with myRent and Termination of Residential Tenancy Agreement (all users - property owners and tenants)

Termination of Account
i. As per clause 1(d)(ii), you as a property owner agree, for any tenancy managed through the website and associated services, that you will continue to manage any such tenancy through the website and associated services for any such period as you determine, subject to your account being terminated, suspended, deleted, or removed according to these Terms of Use.

ii. After termination or suspension of any user’s account or denial or access to any associated services, whether termination is caused by myRent or the user, myRent will, on request of that user, provide any and all information in the Document Storage Property Management Service and the Maintenance Logging Property Management Service that relates to any tenancy that is or has previously been managed through the website and associated services.

Termination by myRent
iii. As per clause 2(c), myRent may, at its absolute and sole discretion suspend or terminate your account with myRent and deny access to associated services if:

• you breach, violate, or infringe any part of these Terms of Use; or
  
• in the sole opinion of myRent, your continued use of the myRent website and/or associated services will or may bring the reputation of myRent.co.nz into disrepute or cause myRent.co.nz to be in breach of any applicable law in any jurisdiction.
  

iv. If, as a property owner or a tenant, your account is suspended, terminated, or otherwise removed or your access to any associated services is suspended, you agree to communicate that fact to the tenant or property owner (as the case may be) as soon as reasonably practicable.

v. If your account is suspended, terminated, or otherwise removed or your access to any associated services is suspended as in cl 3(d)(iii), you understand that it is your sole responsibility to organise and arrange for alternate means of rent payment, communication, and any other services required for property management. myRent is not in any way responsible for any losses incurred to you as a property owner or tenant that may result from termination or suspension of your account or denial of access to any associated services.

vi. Termination or suspension of any user’s account does not in any respect affect the validity or enforceability of any Residential Tenancy Agreement for a tenancy that is or has previously been managed through the website or associated services.

Termination by Property Owner
vii. If you, as a property owner, terminate your account with myRent, you understand that such termination does not, in any way, affect the validity or enforceability of any Residential Tenancy Agreement you have with any tenant.

viii. If you terminate your account with myRent, you understand that your access to the associated services for any tenancies managed through the website and associated services will cease from when myRent receives the final rent payment from any such tenancy.

ix. You agree that, if you terminate your account, you will make contact with any tenant with whom you have a tenancy managed through the website and associated services as soon as reasonably practicable to inform any such tenant that you have terminated your account.

x. You understand that, if you terminate your account, it is your sole responsibility to arrange for an alternate means of communication with any tenant with whom you have a tenancy managed through the website and associated services and to provide them with an alternate means of paying rent and the provision of any services necessary for the management of a tenancy.

Termination by Tenant
xi. You, as a tenant, understand that as per these Terms of Use as they apply to you and the property owner, generally oblige you to continue to manage your tenancy through the website and associated services until your Residential Tenancy Agreement is terminated.

xii. Notwithstanding clause 4(d)(xi), if you as a tenant terminate your account with myRent, you understand that this in no way affects the validity or enforceability of any Residential Tenancy Agreement between you and the property owner for any tenancy that is or has previously been managed through the website and associated website.

xiii. Notwithstanding clause 4(d)(xi), if you terminate your account with myRent, you understand that your access to the associated services for any tenancy managed through the website and associated services will cease from when myRent receives the final rent payment from that tenancy.

xiv. Notwithstanding clause 4(d)(xi), you agree that, if you terminate your account, you will make contact with the property owner with whom you have a tenancy managed through the website and associated services as soon as reasonably praticable to inform that property owner that you have terminated your account.

xv. Notwithstanding clause 4(d)(xi), you understand that, if you terminate your account, it is your sole responsibility to arrange for an alternate means of communication with the property owner with whom you have a tenancy managed through the website and associated services and arrange for an alternate means of paying rent and the provision of any services necessary for the management of a tenancy.

Termination of Residential Tenancy Agreement
xvi. If, for any reason whatsoever, a Residential Tenancy Agreement for a tenancy that is managed, or has previously been managed, through the website and associated services is terminated, whether by the property owner, tenant, tribunal, court, or by agreement, you, as a property owner or tenant must provide the following information to myRent as soon as reasonably practicable:

• that the relevant agreement and tenancy has been terminated
  
• from when the termination takes effect
  
• when the final rent payment under the agreement will be made
  

xvii. Subsequent to termination of a Residential Tenancy Agreement, provided that the accounts of both the property owner and tenant are not suspended or terminated, myRent will continue to provide access for both the property owner and tenant to the Document Storage Property Management Service in relation to documents for the terminated tenancy.

4. Content Uploaded to myRent.co.nz

a. Uploading of Content to Website and Associated Services

i. As a user of the website holding an account, you may upload content necessary and appropriate for the management of a tenancy and a Residential Tenancy Agreement.

ii. myRent does not and will not review, vet, approve, or moderate any information uploaded to the website or associated services. It remains the sole responsibility of the user uploading content to ensure that it complies with these Terms of Use and any relevant laws.

b. Rights in Respect of Uploaded Content

i. At the time at which you upload any content to the website or associated service, you as a user of the website or associated service warrant that you are the owner of and have all Intellectual Property RIghts in the relevant content (and all materials that may appear in content), or that you otherwise have authorisation, permission, or consent from the owner (or other relevant person) of the content or any part of the content or any material appearing in the content.

ii. At the time at which you upload any content to the website or associated service, you warrant that you have the authorisation, permission, or consent of each and any person appearing in the content for them to appear in the content and for you to upload that content to the website and associated services, and to make that content available on the website and associated services, and to grant the rights to myRent that you grant under these Terms of Use.

iii. At the time at which you upload any content to the website or associated service, you warrant that the content and any part of it or any material appearing in it does not infringe the rights, including rights of intellectual property, of any third party.

iv. At the time at which you upload any content to the website or associated service, you warrant that the content does not contain any material which is in any way offensive, defamatory, discriminatory, pornographic, abusive, obscene, or otherwise illegal in any jurisdiction anywhere in the world.

c. Non-endorsement of content

myRent in no way whatsoever endorses any content or other information uploaded to the website or associated services by any user. This includes any opinion, recommendation, statement, advice, or view expressed in any way or through any medium by any user.

d. Ownership

The only rights, titles, or interest in any content that you upload to the website or associated services that are transferred to myRent are those granted to myRent by you when you agree to these Terms of Use, or otherwise in writing by you.

e. Licence for myRent

i. At the time at which you upload any content to the website or associated service, you grant to myRent a non-exclusive, royalty-free, worldwide, irrevocable, perpetual licence to host, cache, store, maintain, use, reproduce, communicate, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate or otherwise exploit all or any part of the Content on the Website and any other Website which is associated with, connected to, or otherwise operated by myRent including, without limitation, websites owned and/or operated by persons other than myRent.

Exceptions to Clause 4(e)(i)
ii. Notwithstanding clause 4(e)(i), myRent warrants that it will not communicate, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, translate or otherwise exploit the following content uploaded to the website or associated services, unless required by law to do so:

• Any Residential Tenancy Agreement
  
• Any Condition Report
  
• Any other documents, images, or videos uploaded to the website or associated services for purposes of management of a tenancy. This does not include documents, photos, or videos uploaded for other purposes
  

f. Modification or Take-down of Content

myRent, in its sole and absolute discretion, may edit, modify, block or delete any Content or other information, or any comments or messages made on the Website or associated services, if myRent determines that any of the preceding material contravenes or is likely to contravene these Terms of Use.

g. Release

You forever release myRent, and its directors, officers, employees, agents and contractors, for any and all claims, rights, demands, actions or suits which you have, may have or would have had, in connection with myRent’s exploitation of the Content or the exploitation of the Content by any of myRent or its directors, officers, employees, agents or contractors and whether that claim arose or arises in contract, tort (including, without limitation, negligence), under statute or otherwise.

h. Waiver

You hereby consent to all acts or omissions by myRent, its licensees or others authorised by it, or its successors in title, which would otherwise constitute an infringement of any moral rights you have, or may have, in the Content or any part of it, or any material appearing in the Content, whatsoever and wheresoever subsisting throughout the world. You acknowledge that such consent is provided genuinely and includes consent for myRent, or any other person authorised by myRent, to materially alter, modify, add to and in any way change the Content or any part of it, or any material appearing in the Content, and deal with the Content or any part of it, or any material appearing in the Content, without identifying you or any third person as the author of the Content or any part of the Content, or any material appearing in the Content. You warrant that any third party who has acquired any moral rights in the Content or any part of it, or any material appearing in the Content, has also waived his or her moral rights or consented to all acts or omissions (as applicable) on terms similar to the terms set out in these Terms of Use.

i. myRent’s Right to Access and Use Messages and Other Content

i. myRent may access, read, and permanently store any messages sent by you to another user of the website or associated services through any function on the website or associated services, or sent to myRent using the website or associated purposes, for the purposes of protecting the safety and security of the website and associated services and their users. The messages sent by you may be used as the basis for removing or modifying any content on the Website, terminating your account, or reporting your behaviour to any government law enforcement authorities.

ii. myRent may access, read, and permanently store any content uploaded to the website or associated services by you as a user for the purposes of protecting the safety and security of the website and its users. The content uploaded by you may be used as the basis for removing your content from the website or associated services, terminating your account, or reporting your behaviour to any government law enforcement authorities.

iii. myRent may access, read, and permanently store any correspondence made by you to myRent, including by email, post, or other messaging service, for the purposes of protecting the safety and security of the website and associated services and their users. The correspondence made by you to myRent may be used as the basis for removing your content from the website and associated services, terminating your account, or reporting your behaviour to any government law enforcement authorities.

5. Privacy

The relevant terms of use relating to privacy are contained in the myRent Privacy Policy. The Privacy Policy should be read in conjunction with these Terms of Use.

6. Role of myRent in Tenancy

i. You understand that myRent is not a party to or in any way bound by any agreement, including any Residential Tenancy Agreement, between any users of the website or associated services.

ii. You understand that myRent is not and does not represent to be a real estate agent, a property manager, or any other kind of agent acting on behalf of any user of the website or associated services.

iii. You understand and agree that myRent will not become involved in any dispute between any users in relation to use of the website or associated services or any contract or agreement between the users.

iv. You understand that myRent may generate data regarding topics including, but not limited to, rental prices and property market trends on the basis of data collected from users. You understand further that such generated data does not in any way set standards, benchmarks, or parameters for how a tenancy should be advertised or managed.

7. Property Owner’s (Landlord) Insurance

i. You, as a property owner, agree and understand that you bear sole responsibility for any losses incurred to you as a consequence of your tenancy, including pursuing losses caused by a tenant against that tenant. You understand that myRent in no way bears any responsibility for any losses you may incur as a result of any tenancy and in no way insures you against any loss.

ii. You understand that it is prudent and best practice for property owners to get ‘landlord insurance’ (or a similar insurance policy) to protect against losses arising from a tenancy, including unpaid rent or property damage.

iii. You understand and agree that it is your sole responsibility to determine whether any existing insurance policy you hold in relation to a residential premises covers the renting of that premises, including where the tenancy is self-managed by the property owner. myRent is no way assumes any responsibility for assessing your coverage under any existing policy you may hold.

8. Intellectual Property Rights in Website

i. You understand and acknowledge that myRent (or the supplier of any relevant material) owns all the rights in the Website and associated services and all material comprised in the Website (‘Website Content’) (this includes but is not limited to Intellectual Property Rights, text, images, web pages, sound, software (including, but not limited to, code, interface, and website structure), and video, extending to the ‘look and feel’, design, and compilation of any such materials). This clause excludes content uploaded to the Website or associated services.

ii. You understand, acknowledge, and agree that you are only permitted to use the Website Content in a manner consistent with these Terms of Use, or as otherwise expressly authorised in writing by myRent.

iii. You understand and agree that you are expressly forbidden from copying, reproducing, transmitting, publicly performing, distributing, commercially exploiting, adapting, translating, modifying, bundling, merging, sharing or making available to any person, or creating derivative works of the Website Content.

iv. You are permitted to reproduce or communicate any Website Content that appears in any articles of blog posts on the website or associate services that have been posted by myRent, upon the condition that you must credit myRent as the source of that content and provide a link to the myRent website when reproducing or communicating such content, regardless of the medium through which the content is communicated or reproduced.

9. Limitation of Liability

a. Use of Website

You understand and acknowledge fully that use of the website and associated services is at your own risk. myRent makes no representations and gives no guarantees or warranties that the website or associated services are without any defects or that any other user of the website and associated services will comply with these Terms of Use or any applicable law in their use of the website and associated services.

b. Limitation of Liability

i. myRent will not have any liability whatsoever (whether in contract, tort (including through negligence), pursuant to statute, or otherwise) to you for any loss, indirect loss, purely economic loss, or other damage of any kind that you may incur or suffer as a result of or in connection with your use of the website and associated services.

ii. myRent will not have any liability whatsoever (whether in contract, tort (including through negligence), pursuant to statute, or otherwise) to you for any loss, indirect loss, purely economic loss, or other damage of any kind that you may incur or suffer as a result of or in connection with any dealing with myRent.

iii. This clause should be read in conjunction with clauses 3(b)(xxiv)-(xxviii), 3(c)(xxi)-(xxv), and 6(a)(viii)-(xi). myRent will not have any liability whatsoever (whether in contract, tort (including through negligence), pursuant to statute, or otherwise) to you for any loss, indirect loss, purely economic loss, or other damage of any kind that you may incur or suffer as a result of or in connection with your reading or other use of any resources provided as part of the Resources and Information Property Management Service, including (but limited to) any blog posts, articles, guides, or other informative content. This information is supplied exclusively for informational and promotional purposes. It should not be relied upon or form the basis for you entering any transaction, incurring any kind of liability, or undertaking any kind of legal action or similar. You should seek professional legal, real estate, accounting, insurance, investment, or other advice before entering any transaction, incurring any kind of liability, or undertaking any kind of legal action or similar. You understand and agree that you must not rely on any such resources to enter any transaction, incur any kind of liability, or undertake any kind of legal action or similar.

iv. This clause should be read in conjunction with clauses 3(a)(iv)-(vii), 3(b)(xxi),(xxvi), and 3(c)(xviii), (xxiii). Notwithstanding that myRent will endeavour to provide access to the website and associated services to all users on a 24 hours, 7 days a week basis, you understand and acknowledge that it may be necessary for the website and associated services to be made unavailable for temporary periods for reasons including (but not limited to) maintenance, upgrading and updating services, and unforeseen outages in services beyond the control of myRent. Pursuant to this understanding and acknowledgement, you agree that no liability will arise for myRent to you for any losses or other damage you may suffer or incur as a result of or consequential to the website and associated services not being available.

v. Notwithstanding these Terms of Use, myRent will not have any liability whatsoever (whether in contract, tort (including through negligence), pursuant to statute, or otherwise) to you for any loss, indirect loss, purely economic loss, or other damage of any kind that you may incur or suffer as a result of or in connection with your interactions, engagement, discussions, transactions, or otherwise with any other user of the website and associated services. This is inclusive of interactions or otherwise between property owners and tenants with regards to a tenancy managed through the myRent website and associated services.

vi. myRent will not have any liability whatsoever (whether in contract, tort (including through negligence), pursuant to statute, or otherwise) to any insurer of you or to any public compensation scheme for any loss, indirect loss, purely economic loss, or other damage of any kind that you may incur or suffer as a result of or in connection with your use of the website and associated services.

Third Party Sites and Links
vii. myRent may provide links to third party sites and as part of its provision of the website and associated services. You acknowledge and agree that myRent does not control such sites and myRent is not responsible for the content on those sites or the privacy of other practices of such sites. These links are exclusively for convenience, promotional and informative purposes, and myRent does not necessarily endorse the content of any site so linked and makes no representations, warranties, or guarantees as to the truthfulness or correctness of any content on such a site. myRent will not have any liability whatsoever (whether in contract, tort (including through negligence), pursuant to statute, or otherwise) to you for any loss, indirect loss, purely economic loss, or other damage of any kind that you may incur or suffer as a result of or in connection with your reading or use of any content on any third party site linked on the website or associated services.

viii. References on the website or associated to any products, services, processes, trade names, trade marks, or other information of third parties does not imply or constitute an endorsement, sponsorship, association with or recommendation by myRent.

c. Consumer Law

If the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Privacy Act 1993, or any other law or statute implies into these Terms of Use any further terms, or provides for any guarantees regarding the provision of any associated services under these Terms of Use, or creates any duties or obligations at law for myRent, which cannot be excluded or modified (or the effect of which cannot be excluded or modified), then myRent’s liability for breach of any such term, guarantee, duty, or obligation is limited, at the discretion of myRent, to re-supplying the relevant services to you, a refund of the cost of supplying those services to you, or payment of the cost of having the services re-supplied. Clauses 9(a) and 9(b) are subject to this clause.

10. Indemnity

i. By using the website and associated services, you indemnify myRent and its directors, officers, employees, agents and contractors, and agree to keep each of them fully indemnified, from and against any loss, claim or damages (including, without limitation, any costs (including legal costs) on a full indemnity basis) suffered, incurred or brought against any one or more of them by a third party as a result of any breach by you of these Terms of Use or arising out of any use by you of the website or associated services.

ii. The general indemnity in clause 10(i) include, but is not limited to, the following circumstances:

• any loss, claim, or damages suffered or made by any third party or other user arising out of or in relation to any information, material, content that you post on or communicate to the website, associated services, or to myRent whether through a social networking site or otherwise;
  
• any loss, claim, or damages suffered by a third party or other user as a result of any infringement of any rights of a third party including, without limitation, Intellectual Property Rights in any information, material, or content that you upload to the website or the associated services, or provide to myRent;
  
• any loss, claim, or damages suffered by a third party or other user as a result of any act or default committed by you and which is directly or indirectly related to any information, material, or content that you or another person upload to the website or associated services, or provided to myRent or as part of your use of the website or associated services; or
  
• any loss, claim, or damages suffered or alleged by a third party or other user as a result (direct, indirect or otherwise) of any act, omission, failure or default by you or by anyone for whom you are legally responsible (vicariously or otherwise) in any way connected with your access to the website, the associated services, or your account for or use of any of the associated services.
  

11. Money Laundering

Use of the website or associated services for money laundering by any user will form grounds for termination or suspension of that user’s account. This extends to any activity which myRent, at its sole and absolute discretion, suspects on reasonable grounds may constitute or be related to money laundering in any jurisdiction.

12. Interpretation and Miscellaneous

a. Exclusive Jurisdiction Clause: New Zealand Courts

Any dispute arising from these Terms of Use between myRent and any other party shall be determined exclusively in the Courts of New Zealand and no other jurisdiction.

b. Choice of Law Clause: New Zealand Law

The interpretation, construction, and effect of all of these Terms of Use shall be governed and construed exclusively in accordance with the laws of New Zealand.

c. Relationship

i. No partnership, joint venture, or agency relationship is created by these Terms of Use (or by use of the myRent website or associated services) between myRent and any user, or between any users.

ii. You must not, and cannot, enter into any agreements or incur any liabilities on behalf of myRent or any user without the prior consent of that party. My must also not represent that you have the authority to enter into any such agreements or incur any such liabilities.

d. Terms of Use constitute entire agreement and/or understanding

i. These Terms of Use (in addition to the Privacy Policy) exclusively constitute the entire agreement and/or understanding between myRent and any user with respect to the subject matter of these Terms of Use.

ii. These Terms of Use supersede and make ineffective any and all prior or contemporaneous oral or written agreements, undertakings, or representations between myRent and any user.

e. Severability and Reading Down

i. Should any part of these Terms of Use be found void, voidable, unenforceable, unlawful, or illegal, that part will be read down in order to be valid and enforceable.

ii. If, alternatively, a part cannot be read down, then it will be severed from these Terms of Use. Severance of a part of these Terms of Use will not affect the validity or effectiveness of any other part of these Terms of Use.

f. Terms of Use to be read as a whole

These Terms of Use are intended to be read, interpreted, and understood as a whole document.