Acceptance of these Terms
These Website Terms of Use govern your access to and use of:
- The Hosting Co. website;
- public property pages;
- enquiry and appraisal forms;
- owner login and owner portal;
- downloadable website material;
- web-based tools; and
- other online functions supplied by us.
By accessing or using the website, you agree to these Terms.
Do not use the website if you do not agree to them.
Additional terms may apply to particular services, including:
- property management agreements;
- owner onboarding documents;
- booking terms;
- guest house rules;
- supplier agreements;
- direct booking terms; and
- portal-specific conditions.
Where there is an inconsistency, the specifically agreed service contract will take priority over these Website Terms for that service.
Who operates the website
The website is operated by:
[FULL LEGAL ENTITY NAME], trading as The Hosting Co. NZBN: [NZBN] Company number: [COMPANY NUMBER, IF APPLICABLE] Address: [BUSINESS ADDRESS] Email: [GENERAL CONTACT EMAIL] Telephone: [PHONE NUMBER]
In these Terms, “The Hosting Co.,” “we,” “us” and “our” refer to that entity.
Website purpose
The website provides information about:
- The Hosting Co.;
- property management services;
- pricing;
- short-term and flexible stay management;
- properties managed or promoted by us;
- owner services;
- property appraisals;
- indicative revenue assessments;
- owner account functions; and
- related services.
Unless expressly stated otherwise, website content is general information only.
No management agreement created by website use
Browsing the website, submitting an enquiry, requesting an appraisal, receiving an estimate or creating preliminary account information does not by itself appoint The Hosting Co. as property manager.
A property management relationship begins only when:
- the relevant parties enter into a written management agreement; and
- any required onboarding conditions are satisfied.
These Website Terms are not a substitute for a management agreement.
We may accept or decline a property or proposed engagement at our discretion, subject to applicable law.
Property appraisals and assessments
Any appraisal, income estimate, occupancy estimate, nightly rate estimate, market comparison, forecast or recommendation supplied through the website is indicative only.
Estimates may be based on:
- information supplied by you;
- advertised property information;
- comparable accommodation;
- market data;
- historical information;
- seasonality;
- location;
- property characteristics;
- expected availability;
- market demand;
- events;
- third-party information;
- internal assumptions; and
- automated calculations.
Actual results may differ materially.
Performance may be affected by:
- property condition;
- furnishing and presentation;
- photographs and listing quality;
- guest reviews;
- pricing decisions;
- platform ranking;
- owner-blocked dates;
- minimum stay settings;
- cancellations;
- competition;
- new accommodation supply;
- seasonality;
- weather;
- transport disruption;
- major events;
- regulation;
- building restrictions;
- repairs;
- economic conditions;
- platform policy changes; and
- events outside our control.
No revenue, occupancy or return guarantee
Unless a separate signed agreement expressly provides otherwise, we do not guarantee:
- revenue;
- profit;
- occupancy;
- nightly rates;
- booking volume;
- owner payouts;
- platform ranking;
- guest ratings;
- valuation outcomes;
- tax outcomes; or
- investment returns.
Do not make an acquisition, lending, investment, tax or financial decision solely from website information or an automated estimate.
Obtain independent legal, tax, financial, insurance, planning and property advice where relevant.
Pricing information
Pricing displayed on the website is subject to:
- the scope of services;
- property type;
- property location;
- property condition;
- owner availability;
- operational requirements;
- portfolio size;
- contract terms;
- GST;
- separately charged services; and
- a final written proposal or agreement.
Unless stated otherwise:
- percentages are management fee rates;
- “plus GST” means GST is additional;
- cleaning, linen, maintenance, consumables, hardware, contractor charges and other third-party expenses may be charged separately;
- displayed pricing does not constitute acceptance of a property; and
- fees may be updated before a management agreement is signed.
Fees applicable to an existing owner will be governed by that owner’s signed agreement.
Property listings
Property information may be supplied by:
- owners;
- booking platforms;
- contractors;
- photographers;
- building managers;
- public sources; or
- our staff.
We take reasonable care when preparing property content, but property information may change.
Photographs may use wide-angle lenses, professional lighting, staging or editing. They should not be treated as precise measurements or guarantees of condition.
Availability, rates, amenities, rules and booking conditions may change.
Where a property is booked through an external platform, the platform’s booking terms and the listing-specific conditions also apply.
No affiliation with booking platforms
Unless expressly stated, The Hosting Co. is an independent property management business.
References to Airbnb, Booking.com, Vrbo, Google or another platform or provider are descriptive.
We are not endorsed by, owned by or affiliated with those organisations merely because:
- we manage listings on their platforms;
- we display their names or marks;
- we link to them; or
- our systems integrate with them.
Third-party names and trade marks belong to their respective owners.
Owner accounts and portal access
Certain services may require an owner account.
You must:
- provide accurate registration information;
- keep contact information current;
- maintain password confidentiality;
- use reasonable security measures;
- restrict access to authorised users;
- notify us promptly of suspected unauthorised access; and
- comply with instructions concerning account security.
You are responsible for activity undertaken through your account where that activity results from your failure to protect credentials, except to the extent responsibility cannot lawfully be imposed on you.
We may:
- require password resets;
- introduce multifactor authentication;
- restrict permissions;
- suspend access;
- terminate access;
- investigate unusual activity; or
- take other reasonable security action.
Account access does not give an owner access to information belonging to another owner, guest, contractor or property.
Portal information
Portal information may include:
- booking data;
- revenue figures;
- owner statements;
- occupancy information;
- expenses;
- documents;
- reports;
- messages; and
- property information.
Portal information may be delayed because of:
- platform processing;
- payment settlement;
- cancellations;
- chargebacks;
- refunds;
- manual reconciliation;
- third-party outages;
- data synchronisation; or
- adjustments.
Portal figures are not necessarily final accounting or tax records.
Where a monthly owner statement or formally issued account conflicts with a provisional dashboard figure, the formally issued record will normally prevail, subject to correction of error.
Permitted use
You may use the website for lawful personal or internal business purposes connected with evaluating or receiving our services.
You may:
- browse public content;
- submit genuine enquiries;
- request assessments;
- access your authorised account;
- download documents made available to you; and
- communicate with us through approved channels.
Prohibited conduct
You must not:
- use the website unlawfully;
- submit false, misleading or fraudulent information;
- impersonate another person;
- access another person’s account;
- attempt to bypass authentication or security;
- probe, scan or test system vulnerabilities without written authorisation;
- introduce malware, malicious code or harmful material;
- overload, disrupt or interfere with the website;
- scrape, harvest or systematically extract website information without written permission;
- use automated tools to access restricted areas;
- copy our property database or owner information;
- reverse engineer website functionality except where law expressly permits;
- send spam through the website;
- upload unlawful, defamatory, infringing or deceptive material;
- upload unnecessary sensitive or confidential information;
- use listing content to misrepresent your relationship with a property;
- interfere with another user;
- use the website to facilitate unlawful bookings or activity; or
- assist another person to do any prohibited act.
Information and material submitted by you
You retain ownership of original material that you submit, subject to any rights granted under a separate agreement.
You grant us a non-exclusive, worldwide, royalty-free licence to:
- host;
- store;
- reproduce;
- format;
- adapt;
- display;
- transmit; and
- use
submitted material to operate the website, respond to your enquiry, assess a property and supply or propose our services.
This licence does not automatically give us the right to publicly market a property. Public marketing rights should be addressed in the management agreement or another written authorisation.
You confirm that submitted material:
- is accurate to the best of your knowledge;
- does not infringe intellectual property rights;
- does not breach privacy or confidentiality;
- may lawfully be provided to us; and
- does not contain malicious code.
Property photographs and descriptions
You must not provide photographs, descriptions or documents unless you own them or have permission to use them.
Before submitting photographs, remove or obscure unnecessary:
- identification documents;
- mail;
- financial information;
- family photographs;
- vehicle registrations;
- security codes;
- personal schedules;
- medical information;
- confidential documents; and
- images of people who have not authorised the relevant use.
We may decline, remove or request replacement of material that is unsuitable, misleading, unlawful or inconsistent with platform requirements.
Intellectual property
Unless otherwise stated, all rights in the website and its content belong to us or our licensors, including rights in:
- The Hosting Co. name;
- logos;
- branding;
- design;
- page layouts;
- graphics;
- text;
- photographs owned or licensed by us;
- videos;
- reports;
- calculators;
- software;
- source code;
- databases;
- pricing structures;
- property management resources; and
- original property descriptions.
You may view and print reasonable extracts for personal or internal evaluation purposes.
You may not reproduce, publish, commercialise, distribute, adapt, frame, mirror or create derivative works from protected material without written permission, except where permitted by law.
Feedback
Where you voluntarily provide ideas, suggestions or feedback concerning the website or our services, we may use that feedback without payment or obligation, provided we do not use your personal information contrary to our Privacy Policy.
Third-party services and links
The website may depend on or link to third-party services, including:
- Supabase;
- Vercel;
- Google;
- Airbnb;
- Booking.com;
- Vrbo;
- mapping services;
- payment providers;
- property management systems;
- pricing tools; and
- social media platforms.
We do not control third-party services.
Your use of a third-party platform may be governed by its own terms, privacy policy, fees, availability, dispute process and limitations.
We are not responsible for a third party’s:
- content;
- availability;
- cybersecurity;
- policies;
- representations;
- acts;
- omissions; or
- changes,
except to the extent responsibility cannot lawfully be excluded.
Website availability
We aim to provide a functional and secure website but do not guarantee uninterrupted or error-free availability.
We may:
- perform maintenance;
- alter functionality;
- update software;
- suspend parts of the website;
- remove content;
- correct errors;
- impose access controls; or
- discontinue a feature.
Access may be affected by internet failures, hosting outages, third-party services, cyber incidents, maintenance or events outside our reasonable control.
Accuracy of website information
We take reasonable care when publishing website information.
However:
- information may become outdated;
- typographical or technical errors may occur;
- property information may change;
- external data may be incomplete;
- pricing may change;
- services may vary by property; and
- content may not address your circumstances.
We may correct or update information without prior notice.
Security
You must not rely on the website as the sole storage location for important documents.
Maintain independent copies of:
- contracts;
- insurance documents;
- compliance records;
- statements;
- invoices;
- property records; and
- other important material.
Notify us promptly if you discover a security issue or believe an account has been compromised.
Do not publicly disclose a suspected vulnerability before giving us a reasonable opportunity to investigate and address it.
Privacy
Our collection and handling of personal information is governed by our Privacy Policy, available at:
/privacy-policy
By submitting personal information, you acknowledge that it will be handled as described in that policy.
Consumer rights
Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded or limited.
Where you acquire services from us for business purposes, the parties may agree in a separate written contract to contract out of provisions of the Consumer Guarantees Act 1993 or other legislation where the law permits and where the statutory requirements for contracting out are satisfied.
These Website Terms do not themselves remove statutory consumer protections.
Disclaimers
To the maximum extent permitted by law:
- website information is provided on an “as available” basis;
- general content is not legal, tax, financial, insurance, investment, planning or valuation advice;
- automated results are indicative;
- third-party information is not independently guaranteed;
- external links are provided for convenience; and
- use of the website is at your own risk.
This clause does not exclude obligations expressly assumed under a separate signed agreement.
Limitation of liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss arising solely from use of, inability to use, or reliance on the website, including:
- loss of opportunity;
- loss of anticipated revenue;
- loss of anticipated savings;
- loss of data;
- loss caused by third-party outages;
- loss resulting from an indicative estimate; or
- loss caused by unauthorised account access resulting from a user’s failure to secure credentials.
Where liability arising from the website cannot lawfully be excluded but may lawfully be limited, our liability will be limited to the remedy or amount permitted under applicable law.
This website limitation does not replace any liability provisions contained in a signed property management or service agreement.
Your responsibility for loss
To the extent permitted by law, you are responsible for reasonably foreseeable loss suffered by us arising directly from:
- your fraudulent or unlawful use of the website;
- deliberate interference with website security;
- material you submit without authority;
- infringement of another person’s rights; or
- a serious breach of these Terms.
This clause does not require you to compensate us for loss caused by our own negligence, breach or unlawful conduct.
Suspension and termination
We may suspend or terminate access where reasonably necessary because of:
- suspected fraud;
- security risk;
- unauthorised access;
- unlawful activity;
- material breach of these Terms;
- risk to another person;
- non-payment under an applicable agreement;
- termination of the underlying management relationship; or
- discontinuation of the relevant service.
Where reasonably practicable, we may provide notice and an opportunity to address the issue.
Termination of website access does not affect accrued rights, payment obligations, record retention obligations or provisions intended to continue.
Electronic communications
You agree that we may provide website-related notices electronically, including by:
- email;
- portal notification;
- website notice; or
- another electronic method supplied by you.
You are responsible for maintaining current contact information.
Service and security communications are distinct from promotional marketing.
Changes to these Terms
We may update these Terms where:
- the website changes;
- services change;
- providers change;
- security requirements change; or
- legal obligations change.
The current version will be published with a revised “Last updated” date.
Material changes will apply prospectively unless the law or the nature of the change requires otherwise.
Terms governing an existing management engagement will remain subject to the signed management agreement.
Severability
If a provision of these Terms is held to be invalid or unenforceable, that provision will be read down to the minimum extent necessary or severed.
The remaining provisions continue to apply.
No waiver
A failure or delay by us to enforce a provision does not waive that provision or any other right.
A waiver must be express.
Assignment
You may not transfer your website account or rights under these Terms without our written approval.
We may transfer our rights and obligations as part of a genuine sale, restructure or transfer of The Hosting Co. business, subject to applicable law and our Privacy Policy.
Governing law and jurisdiction
These Terms are governed by the laws of New Zealand.
The courts and tribunals of New Zealand have non-exclusive jurisdiction over disputes concerning these Terms or the website.
Concerns and disputes
Contact us first so that we can attempt to resolve the issue:
The Hosting Co. Email: [CONTACT EMAIL] Telephone: [PHONE NUMBER] Postal address: [POSTAL ADDRESS]
Nothing in this section prevents either party from seeking urgent relief or using any statutory complaint, tribunal or court process available under New Zealand law.
Contact details
[FULL LEGAL ENTITY NAME] trading as The Hosting Co. NZBN: [NZBN] Company number: [COMPANY NUMBER, IF APPLICABLE] Email: [CONTACT EMAIL] Telephone: [PHONE NUMBER] Address: [BUSINESS ADDRESS]
