Who we are

Our website address is: https://oceanahomes.co.nz/.

What personal data we collect and why we collect it

Please read these generally Terms & Conditions governing your access to and use of this website carefully.

• Acceptance of the terms of use

This website is owned and operated by Oceana Homes. Please read the Terms of Use carefully before you start to use the Website. By using the Website or, where applicable, by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.oceanahomes.co.nz, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

• Changes to the terms of use

Oceana Homes reserves the right to revise and update these Terms of Use from time to time as and when needed. All these changes are effective immediately from the time of posting. The changes are applicable to all who access the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

• Intellectual property rights

The Website www.oceanahomes.co.nz and its entire contents, features and functionality are owned by the Company, (including but not limited to all information, text, displays, designs, images, video, audio, selection and software thereof). These Terms of Use permit you to use the Website for your personal, non-commercial use only. Any individual must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.

• Accessing the website and account security

Oceana Homes reserves the right to withdraw or amend the Website in our sole discretion. We are not liable, if for any reason, all or any part of the Website is unavailable for a specific duration of time. We also hold the right to restrict access to some parts of the Website, or the entire Website, to any user, including registered users from time to time.

You are liable to own only one account with this Website. You must keep any user name, password or information shared on the website as part of security procedures as confidential. Any information must not be disclosed to any third party. You also acknowledge to use personal account and have sole access to the website. You agree to apprise us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

• Reliance on information posted

The information presented on or through at www.oceanahomes.co.nz is made available solely for general information purposes. We do not warranty the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

• Update of the website

Oceana Homes may update the content on the Website from time to time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

• Information about you and your visits to the website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

• Terms of advertisements Inside the New Zealand

All purchases shall be in New Zealand, despite if the ads are in other currencies. Provided the currency fluctuations, the amounts listed on ads in currencies other than NZD may be lower or higher at the time of signing the Property Agreement. Purchases shall be subject to signing a separate Property Agreement with its own terms and conditions. The amounts due under the Property Agreement shall be listed in NZD and shall be payable in NZD.

• Linking to the website and social media features

You may link the website to any page or social media platform if it is fair and legal and does not damage the reputation of the Company. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission or disable all or any social media features and any links at any time without notice in our discretion.

• Links from the website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

• Geographic restrictions

The owner of the Website is based in the New Zealand. We make no claims that the Website or any of its content is accessible or appropriate outside of the New Zealand. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the New Zealand, you do so on your own initiative and are responsible for compliance with local laws.

• Disclaimer of warranties

Oceana Homes does not guarantee or warrant that the website will be free of viruses or other destructive code. You understand that you are solely liable for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

• Limitation on liability

In no event will the company, be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

• Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees arising out of or relating to your violation of these Terms of Use or your use of the Website and, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

• Governing law and jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws in force in the New Zealand without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of New Zealand although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your place or country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

• Limitation on time to file claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

• Waiver and severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

• Entire agreement

The Terms of Use, our Privacy Policy and the Property Agreement constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

• Your comments and concerns

The website www.oceanahomes.co.nz is operated and owned by the Ocean Homes. In respect of requests for technical support, feedback, suggestions, and other communications relating to the Website, you can contact us by using our website contact form, or by emailing us at sales@oceanahomes.co.nz

You understand and accept that by using this Website in updating, changing, or altering your personal information, address(es) or contact details, you are accepting that the Company or any of its affiliates may, at their discretion, use such information as an alternative information to send legal notices under these Terms of Use or the Property Agreement. It is your obligation to immediately inform the Company of any changes to such information.