Rest Easy NZ — Real Estate Salesperson Terms of Use
Version 1.0 (DRAFT) | Effective [date]
These Terms of Use ("Terms") govern access to and use of the Rest Easy Agent Portal (the "Portal") and the revenue estimate materials it produces, by real estate salespeople and agencies in New Zealand. The Portal is operated by Rest Easy NZ Limited (NZBN 9429051764036) ("Rest Easy", "we", "us", "our").
By creating an account, you accept these Terms. If you do not agree, do not use the Portal.
Plain-English summary (not part of the Terms): The Portal gives you free short-term rental revenue estimates you can use in your sales material for a property you are marketing. In return, wherever you use our estimate, you must include Rest Easy's name, logo and contact details, unaltered. Estimates are market projections, not valuations, and you are responsible for how you use them in your own marketing. We can update these Terms and can suspend accounts that misuse the Portal.
1. About these Terms
1.1 Who we are. Rest Easy NZ Limited is a New Zealand company providing short-term rental management services nationwide.
1.2 What these Terms cover. These Terms set out the rules for using the Portal, the estimates it generates, and the documents and data supplied with them.
1.3 Acceptance. You accept these Terms by ticking the acceptance box when creating an account. We record the version accepted, and the date and time of acceptance.
1.4 Updates. We may amend these Terms from time to time under clause 12. The current version is always available in the Portal.
2. Definitions
"Agent" (or "you") means the individual real estate salesperson or licensee who holds the Portal account.
"Agency" means the agency or brokerage the Agent works for or under.
"Estimate" means a short-term rental revenue estimate generated through the Portal for a specific property.
"Estimate Materials" means the Estimate document, and any figures, charts, text or data contained in it.
"Sales Collateral" means any material used to market a property for sale, in any medium — including listing pages, brochures, flyers, information memoranda, email campaigns, social media and presentations.
"Attribution Block" means Rest Easy's name, logo and contact details in the form set out in clause 5.3. Eligibility and accounts
3.1 Who may register. The Portal is for individuals who hold a current real estate licence under the Real Estate Agents Act 2008, and who are marketing (or preparing to market) residential property for sale in New Zealand.
3.2 Account details. You must provide accurate details when registering, including your name, Agency, and a work email address, and keep them current.
3.3 Personal account. Your account is personal to you. Keep your login details secure, and do not share your account. You are responsible for activity under your account.
3.4 One account per person. Do not create multiple accounts.
4. Licence to use Estimate Materials
4.1 Grant. For each Estimate you generate, Rest Easy grants you a non-exclusive, non-transferable, revocable licence to reproduce the Estimate Materials in Sales Collateral for the specific property the Estimate was generated for.
4.2 Conditions. The licence in clause 4.1 applies only while every use of the Estimate Materials in Sales Collateral:
(a) includes the Attribution Block (clause 5), legible and unmodified;
(b) reproduces figures from the Estimate accurately and without alteration;
(c) presents the Estimate as a short-term rental revenue projection prepared by Rest Easy — not as a valuation, appraisal or guarantee; and
(d) does not imply that Rest Easy endorses the sale, the Agent, or the Agency, beyond having prepared the Estimate.4.3 No other use. The Estimate Materials may not be used for any purpose other than clause 4.1 — including resale, redistribution as a standalone product, use for properties other than the one estimated, or use in a competing service.
4.4 Revocation. Rest Easy may revoke the licence for any Estimate on written notice if these Terms are breached. On revocation you must stop distributing new Sales Collateral containing the Estimate Materials.
5. Attribution Block
5.1 Required content. Wherever Estimate Materials appear in Sales Collateral, the following must appear with them:
the Rest Easy logo;
the words "Short-term rental revenue estimate prepared by Rest Easy"; and
Rest Easy's contact details: www.resteasy.co.nz · homes@resteasy.co.nz.5.2 Presentation. The Attribution Block must be clearly legible at the size published, must not be cropped, obscured, recoloured or separated from the Estimate Materials, and must appear on each page or screen where Estimate figures appear.
5.3 Built-in attribution. Estimate documents generated by the Portal include the Attribution Block. Using pages of the Estimate document as supplied satisfies this clause; the requirement applies equally where figures are extracted into your own layouts.
6. Nature of Estimates — important disclaimers
6.1 A projection, not a valuation. Estimates are computer-generated projections built from market data for comparable short-term rental listings in the area. They are not a registered valuation, a market appraisal of the property, financial advice, or a prediction of what any particular property will earn.
6.2 The property has not been inspected. Estimates are based on location and bedroom count. Actual results depend on the property's condition, amenities, styling, availability, regulation and market conditions.
6.3 No guarantee. Rest Easy does not guarantee that any property will achieve the figures in an Estimate.
6.4 Your obligations in marketing. You are solely responsible for your use of Estimate Materials in Sales Collateral, including compliance with the Real Estate Agents Act 2008, the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012, and the Fair Trading Act 1986. Present the Estimate in a way that is not misleading — including to your vendor and to buyers.
7. Acceptable use
7.1 Generate Estimates only for properties you are genuinely marketing or preparing to market for sale.
7.2 Do not use automated tools to bulk-generate Estimates, scrape the Portal, or probe its systems.
7.3 Rest Easy may apply fair-use limits on the number of Estimates per account.
8. Privacy and data
8.1 What we collect. Account details (name, Agency, email, phone), acceptance records, and the Estimates you generate (including property addresses and generated documents).
8.2 How we use it. To operate the Portal, maintain your Estimate history, contact you about the Portal and Estimates, and understand which areas and agencies use the service. Our Privacy Statement (www.resteasy.co.nz/privacy) applies.
8.3 Retention. Estimate history is retained while your account is active, and may be retained afterwards for our records.
9. Intellectual property
9.1 The Portal, the Estimate Materials, and Rest Easy's name and logo remain Rest Easy's property. Nothing in these Terms transfers ownership, and no rights are granted beyond the licence in clause 4.
10. Liability
10.1 The Portal and Estimates are provided free of charge and "as is". To the maximum extent permitted by law, Rest Easy excludes all liability for any loss arising from use of the Portal or reliance on any Estimate, whether by you, your Agency, a vendor, a buyer, or any other person.
10.2 You indemnify Rest Easy against any claim, loss or cost arising from your use of Estimate Materials in breach of these Terms, or from any misleading presentation of an Estimate in your Sales Collateral.
10.3 Nothing in these Terms limits rights that cannot be excluded under New Zealand law. The parties agree the Portal is supplied in trade and the Consumer Guarantees Act 1993 does not apply.
11. Suspension and termination
11.1 Rest Easy may suspend or close any account, or decline to generate an Estimate, at its discretion — including for breach of these Terms, suspected misuse, or discontinuation of the Portal.
11.2 You may close your account at any time by emailing homes@resteasy.co.nz.
11.3 Clauses 4.4, 5, 6, 9, 10 and 13 survive account closure. Sales Collateral already lawfully published before closure need not be recalled.
12. Changes to these Terms
12.1 We may update these Terms from time to time. The Portal will present the updated version for acceptance before you next generate an Estimate. Continued use after acceptance constitutes agreement.
13. General
13.1 Governing law. These Terms are governed by New Zealand law, and the courts of New Zealand have exclusive jurisdiction.
13.2 Notices. Notices to Rest Easy: homes@resteasy.co.nz. Notices to you: the email address on your account.
13.3 No assignment. You may not assign your rights under these Terms.
13.4 Entire agreement. These Terms are the entire agreement between you and Rest Easy for the Portal, and do not create any partnership, agency or employment relationship.
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Rest Easy NZ Limited · NZBN 9429051764036 · www.resteasy.co.nz · homes@resteasy.co.nz