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Terms of Use

Last updated: July 2026

1. Legally binding

By accessing and using walkthrough.digital and/or the AI powered platform, products and services that may be purchased and used via such website and any associated mobile applications or API (together, the Platform), all users (Users, you and your) agree with Walkthrough Digital Limited (NZCN 9364636) (the Company, we, us and our) to be legally bound by these terms of use (Terms).

2. Method of acceptance

Each User acknowledges and agrees that, where it has agreed to these Terms via the Platform (including via a clickbox or clickwrap or other method of indicating the User's agreement):
  • such method of acceptance is fully effective, accepted and agreed by the User, including for the purposes of Part 4 of the Contract and Commercial Law Act 2017; and
  • it has read and understood these Terms and has had a full opportunity to review, consider, receive advice (including legal advice) and comment on and negotiate amendments to these Terms prior to agreeing to and accepting them.

3. Non-agreement

Any User that does not agree to these Terms is not authorised to access and use the Platform and must immediately cease doing so.
We have no obligation or liability to any person who accesses or uses the Platform without agreeing to these Terms.

4. Use of the Platform

Users may only use the Platform strictly in accordance with these Terms.
Users may include:
  • property owners or property sellers that are listing real estate for sale or inspection via the Platform (Property Seller); and
  • property buyers, being individuals or entities using the Platform to view, access, or inspect real estate via the Platform (Property Buyer).
Users must be at least 18 years of age to use Platform. We reserve the right to terminate access for any User who misrepresents or falsifies their age or identity.
All rights not expressly granted to Users in these Terms are expressly reserved by us.
You agree not to share, trade or otherwise distribute your login credentials for the Platform with any other person or entity. Access to Platform is on a "per-user" basis, and as such concurrent use or the sharing of a single account across multiple users to circumvent a purchase (or purchases) is a material breach of these Terms.
Users must not use the Platform for any malicious means or abuse, harass, threaten, intimidate or impersonate any other User, person or entity.
No User may use the Platform for any illegal purpose or any purpose not authorised in writing by the Company, or post any information or data that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property, proprietary or legal rights of any person or entity.
Any person or entity that accesses and uses the Platform on behalf of or via another User, including all directors, officers, employees, independent contractors, agents and/or representatives of any User that have been granted access by that User, confirms that he, she or it is fully authorised to do so by that User and agrees to these Terms in all respects.
In using Platform, each User will comply with all applicable laws and regulations, including with respect to the marketing and sale of its products and services.
We reserve the right to immediately suspend or terminate your access to the Platform if any account is being shared or used in violation of these Terms.

5. Fees and subscriptions

Each User must pay (or procure payment of) all applicable fees for its use of the Platform, for the relevant subscription period, as required on the Platform or as otherwise agreed in writing with the Company (the Fees).
The Company may, at its sole and absolute discretion, change the Fees on providing 30 days prior written notice to Users (which may, for the avoidance of doubt, be given via the Platform).
All Fees are in New Zealand dollars unless otherwise stated.
Payments to us for Fees may be processed by a third-party payment processor.

6. Cancellation

If a User wishes to cancel its subscription with the Company, that User can do so by emailing the Company written notice of cancellation via the Platform. Any Fees already paid by that User will be non-refundable in the event of a cancellation by the User (except where agreed otherwise in writing between the User and the Company).
All subscriptions will auto-renew as stated on the Platform unless the User cancels its subscription before the applicable renewal date.
The Company shall be entitled to cancel these Terms in respect of any User, by giving written notice to that User (including via the Platform), if that User breaches any of these Terms. In such circumstances, any Fees already paid by that User will be non-refundable (except where agreed otherwise in writing between the User and the Company).
If a User does not comply with these Terms the Company may cancel or suspend that User's account with the Company and refuse to provide its products and/or services to that User (including access to the Platform) for any reason and at any time.
Cancellation of these Terms will not affect any accrued rights or obligations of the relevant User.

7. User information

Upon registering to use the Platform, all Users agree to:
  • provide true, accurate, current and complete information about themselves as prompted by the Platform (User Information); and
  • promptly notify the Company in writing, via the Platform, of any changes to their User Information in order to ensure that it remains true, accurate, current and complete.
Certain features of the Platform, including accessing property tours and requesting physical property access via a smart lockbox, will require identity verification (ID Verification). You agree:
  • to submit valid government-issued identification documents as requested by us;
  • to our ID Verification provider or agent checking and processing those documents, and to the capture and processing of biometric information (including a facial image and liveness check) for the purpose of verifying your identity;
  • to completing ID Verification through a secure link we send you, including by SMS to the phone number on your account; and
  • that access to the smart lockbox, and certain of our products and services, is conditional on successful ID Verification (at our discretion). We are not liable for any delays or access refusals arising from any failed or incomplete ID Verification.

8. Responsibility and liability

Each User will be solely responsible and liable for all activity that occurs through its use of the Platform.
The Company shall not be liable in any respect for any content, warranties, representations, statements, services, products or other information or data that is posted to the Platform by any User.
The Company reserves the right to remove any content posted to the Platform by any User that it considers (in its sole and absolute discretion) to be offensive, objectionable or otherwise unlawful in any respect.
All property information provided on the Platform is for informational purposes only. We do not verify or audit the accuracy of listing content provided by Users. You must conduct your own due diligence before making any property sale, purchase or investment decisions.
Property viewings facilitated through the Platform may be conducted on a self-guided basis or under the supervision of an agent or other authorised person, as indicated for the relevant booking or time slot. Users must comply with any conditions applicable to the relevant viewing type.
Where a User has smart lockbox access or physical access functionality via the Platform, the following provisions shall apply:
  • Such access is granted solely for the purpose of legitimate property inspection.
  • Such access is granted solely to those who have been through successful ID Verification in accordance with these Terms.
  • You must not tamper with, damage or remove any lockbox, lock or property fixture.
  • You must not grant or share access codes or credentials with any third party.
  • Access logs are recorded and may be provided to Property Sellers or law enforcement if required.

9. Outputs

Each User agrees that, due to the nature of AI models and machine learning:
  • the outputs from the Platform (Outputs) may not be unique across all Users;
  • the Platform may or may not generate the same or a similar Output for other Users;
  • Outputs may be inaccurate, incomplete, biased or "hallucinate" facts or statements;
  • the Platform is not a substitute for professional advice; and
  • it is solely responsible for reviewing and human-verifying the accuracy and appropriateness of all Outputs before relying on, publishing or otherwise using or relaying on any Output.
The Platform includes an AI property guide that responds to questions about a listing. Any responses generated by the AI property guide are Outputs for the purposes of these Terms, are provided for general informational purposes only, may be inaccurate or incomplete, and do not constitute professional, legal, financial or valuation advice. Users must verify any information that is material to them with the relevant Property Seller and conduct their own due diligence before relying on it.

10. Prohibitions

Users agree not to:
  • damage or harm the Platform, or any underlying or connected network or system;
  • use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access the Platform or content featured on it for any purpose;
  • introduce any malicious or harmful software, material or code to the Platform;
  • introduce any virus, spyware or other similar feature that in any way compromises or may compromise the Platform;
  • do anything that could disable, overburden, or impair the proper working of the Platform, such as a denial of service attack;
  • use the Platform to do anything unlawful, misleading, deceptive, malicious or discriminatory;
  • facilitate or encourage any breaches of these Terms;
  • use the Platform to transmit any communication which we consider to be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable;
  • send or post unauthorised commercial communications (such as spam) on the Platform;
  • solicit log-in information or access someone else's account;
  • adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of the Platform;
  • commercialise, copy or on-sell any part of the Platform; or
  • attempt to do any of the above.

11. Security

Each User agrees that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to us and that we may do so without further enquiry.
The Company has implemented technical, physical and administrative safeguards designed to protect User's data (User Data) and the integrity of the Platform. While the Company takes reasonable steps to maintain the security of the Platform, no method of electronic storage or transmission is completely secure and the Company cannot guarantee absolute security.
The Company may introduce additional security features to protect User accounts, including multi-factor authentication (MFA). Where MFA or other security features are available, Users are strongly encouraged to enable and use them. Where the use of any such feature is optional, the Company accepts no liability for any loss or damage arising from a User's decision not to enable it.
Each User is responsible for keeping their login credentials (including username, password and any session-specific codes) secure and must not share them with any other person. Users must not store sensitive information, including credit card details, tax identifiers, bank account numbers or personal data, in any free-form text field on the Platform that is not explicitly designed to collect such information.
The Company is entitled to rely on the authenticity and authority of any action taken using a User's login credentials to process requests submitted to the Platform, without further enquiry.
The internet is inherently insecure, and you accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour. If you think someone is accessing your account without your consent or you would like to report disclosure of your account information, please contact us.

12. Data retention

Users retain ownership of all their User Data, including their financial data, business information and other content they upload to or generate through their use of the Platform.
Each User grants the Company a limited, non-exclusive licence to use their User Data solely for the purpose of providing the Platform and improving its functionality.

13. Third-party integrations

The Platform may connect to or integrate with third-party platforms, services or data sources (each a Third-Party Service). Any such connection is subject to the applicable terms and conditions of the relevant Third-Party Service provider, and each User is responsible for ensuring they have valid authorisation to connect their Third-Party Service account to the Platform.
The Company is not responsible for the accuracy, completeness, availability or integrity of any data sourced from a Third-Party Service.
Any errors, omissions, delays or failures originating from a Third-Party Service that affect:
  • the Platform; or
  • any outputs provided or generated through the Platform,
are beyond the Company's control and the Company accepts no liability in connection with the same.
Users acknowledge and agree that the Company may use data received from connected Third-Party Services for the purpose of providing the Platform and its functionality to that User.
Users are responsible for maintaining valid, current authorisation for all Third-Party Services connected to their account.
If a User's authorisation to access a Third-Party Service is revoked, expires or is otherwise interrupted, the Company cannot guarantee the continued accuracy or availability of any data or outputs derived from that Third-Party Service.
Without limiting this clause 13, the Platform integrates with smart lock hardware via Seam (seam.dev), a Third-Party Service. Seam acts as an intermediary layer between the Platform and the physical smart lock devices on properties. Access to properties via Seam and connected lock devices is also subject to Seam's terms and conditions and privacy policy. We are not responsible for the availability, security or performance of Seam's infrastructure or connected lock hardware.

14. Intellectual property

Subject only to clause 14.3, all Users agree that the Company solely owns all of the intellectual property rights existing in the Platform (and any and all improvements to the same).
All Users agree to take all actions as may be reasonably required by the Company to perfect or enforce the Company's title to the intellectual property rights under this clause 14, which shall include signing and delivering any document required in order to perfect or enforce such title (including, for the avoidance of doubt, a deed of assignment of intellectual property).
Notwithstanding clause 14.1, the specific content relating to a listing that has been submitted by a User into the Platform shall be the intellectual property of that User or the relevant person or entity that duly owns it.

15. Warranties

The Platform is provided on an "as is" and "as available" basis, and accordingly all implied warranties and representations (whether under statute, common law or otherwise) that might apply to or otherwise arise out of these Terms are hereby expressly excluded by the Company to the fullest extent permitted by law.
Each User hereby warrants and represents that:
  • it has full power and authority to enter into these Terms;
  • all authorisations and approvals that are necessary or required in connection with the User's entry into these Terms, and the assumption of rights and obligations under these Terms, have been obtained or effected; and
  • the entry into and performance of these Terms by the User does not constitute a breach of any law or obligation and will not cause or result in any default or breach under any other agreement or arrangement by which it is bound and which would prevent the User from entering into or performing its obligations under these Terms.
Where a User lists a property on the Platform, that User warrants and represents that:
  • it is the legal owner or duly authorised agent of the property;
  • all information, images, and tour content that is provided is accurate and not misleading in any respect;
  • all necessary consents to list the property have been obtained or effected; and
  • the property is lawfully available for inspection or sale.
We reserve the right (in our sole and absolute discretion) to remove listings that we reasonably consider violate these Terms, applicable law or our content standards.

16. Indemnity

Each User hereby indemnifies, and will keep indemnified, the Company against all forms of liability, actions, proceedings, demands, costs, charges and expenses which the Company may incur or be subject to or suffer as a result of:
  • any breach of these Terms by the User;
  • that User's use of Platform, including as a result of any of its warranties or representations about its products and services being false, unsubstantiated, misleading or deceptive; and
  • if that User is a Property Buyer:
    • any physical damage caused to the property, premises, fixtures, fittings or structures by that User or any person accompanying them during or after a property inspection facilitated through the Platform;
    • any damage to, tampering with, vandalism of, theft of, or destruction of any smart lockbox, lock hardware, on-site camera, or other surveillance or access hardware installed at the property;
    • any loss, theft, or damage to items within the property caused by the User or any person accompanying them; and
    • any third-party claim against the Company and/or any Property Seller using the Platform in connection with physical damage to or at the property caused by the User or any person accompanying them.

17. Limitation of liability

To the extent that the Company is liable for any reason for any loss suffered or liability incurred by a User arising from any breach of these Terms, or for any other reason (including a User's use of or reliance on the Platform), the Company liability's (whether arising in contract, tort (including negligence) or otherwise) is limited to the maximum aggregate amount of the total Fees paid by that User for the immediately preceding 12 month period.
We shall not be liable (whether arising in contract, tort (including negligence) or otherwise) to any User for:
  • any physical damage to, or destruction of, any property, premises, fixture, fitting, or structure arising from or connected to a User's presence at or access to a property facilitated through the Platform;
  • any damage to, loss of, or interference with any smart lockbox, lock hardware, on-site camera, surveillance equipment, or other hardware installed at a property in connection with the Platform;
  • any loss, theft, or damage to personal property occurring during or after a property inspection facilitated through the Platform; and
  • any structural, cosmetic, or consequential damage to a property arising from misuse, negligence, or intentional acts by any User or their accompanying persons.
Any User that is a Property Seller acknowledges and agrees that they are solely responsible for maintaining appropriate insurance in respect of any property listed on the Platform.
The Company shall not be liable in connection with these Terms for any indirect, consequential or special loss or damage, loss of revenue, economic loss or damage, loss of business or profits (including lost contracts with customers) or anticipated business or profits, loss of goodwill, loss of anticipated savings or for any business interruption or that is otherwise too remote to be recoverable as damages for breach of contract at law.

18. Advertising

The Company may (in its sole and absolute discretion) publish advertising (whether paid or unpaid) on the Platform.

19. Beta and pilot services

We may, from time to time, offer access to features, modules or versions of the Platform that are still under development or have not been made generally available (Beta Services).
Beta Services may include access to Users provided at no charge or at a reduced fee as part of a pilot programme or early access arrangement.
All Beta Services are provided on an "as is" and "as available" basis. We make no warranties, express or implied, in relation to any Beta Services, including as to their fitness for purpose, accuracy, reliability or availability. Users access and use Beta Services entirely at their own risk.
We may modify, suspend or discontinue any Beta Service at any time without notice and without liability to any User.
Participation in a Beta Service does not create any entitlement to continued access to that service or to any equivalent functionality in the generally available version of the Platform.
Feedback provided by Users in connection with Beta Services shall be subject to clause 21 of these Terms.

20. Monitoring

We may monitor our customers' use of the Platform for the purposes of ensuring optimal performance and identifying areas for improvement.

21. Feedback

We welcome your feedback and ideas on how to improve the Platform.
If you choose to submit your ideas or suggestions, you agree that we are free to use them without restriction and that you will not have rights to any intellectual property that may be generated as a result.

22. Dispute resolution

The following provisions shall apply to any dispute arising under or relating to these Terms (a Dispute) between a User and the Company (together, the Disputing Parties and each a Disputing Party):
  • The Disputing Parties must use reasonable endeavours to resolve any and all Disputes by negotiation at first instance.
  • If the Disputing Parties cannot resolve their Dispute by negotiations within 30 calendar days a Disputing Party may, by written notice to the other, require that the Dispute be dealt with by mediation under the following terms:
    • The mediation shall be conducted in accordance with the Mediation Protocol of the Arbitrators and Mediators Institute of New Zealand Incorporated (AMINZ) then in force (or any protocol or mediation agreement which replaces it).
    • The mediation shall be conducted by a mediator and at a fee agreed in writing by the Disputing Parties. Failing agreement between the Disputing Parties within 14 calendar days of the giving of the notice requiring mediation, the mediator will be selected and his or her fee determined by the chairperson for the time being of AMINZ (or his or her nominee).
    • The mediation shall take place in Auckland, New Zealand at such address as determined by the mediator, provided that any Disputing Party may, if permitted by the mediator, attend via telephone conference, video conference or any similar means of electronic, audio or audio-visual communication.
    • The costs of the mediation, excluding the Disputing Parties' own legal and preparation costs, will be shared equally by the Disputing Parties.
  • No Disputing Party may initiate or commence court or arbitration proceedings relating to a Dispute unless it has complied with the procedure set out in this clause 22, provided that application may still be made to the courts:
    • for interlocutory relief; or
    • to recover a debt payable.

23. Amendments

The Company reserves the right to amend these Terms at any time with or without notice to Users. Any User who continues to use the Platform after any amendments will be deemed to have agreed to such amendments.
If a User does not agree with the amendments effected by the Company it may, within 7 calendar days of the amendments being notified by the Company and if those changes adversely affect that User, cancel these Terms in respect of that User by giving written notice to the Company.
On a cancellation under clause 23.2, any Fees already paid by the User will be non-refundable (except where agreed otherwise in writing between the User and the Company).

24. Changes to the Platform

The Company is permitted (in its sole and absolute discretion) to alter the Platform, including all content, format, features and functionality, with or without notice to Users and shall incur no liability for doing so.

25. Branding

No User may publish or use the Company's trade marks, brand, branding or logos except with the Company's prior written consent and directions as to such publication and use (which may be given or withheld at its sole and absolute discretion).

26. Breakdown and malfunctions

The Company will try to promptly address (during normal business hours) all technical issues that arise on the Platform. However, the Company will not be liable for any loss or damage suffered as a result of any partial or total breakdown of the Platform or any technical malfunctions on it, the Platform being unavailable or performing slowly, or any viruses or other forms of interference that may damage any User's computer system.

27. Privacy policy

The Company's privacy policy (which can be viewed by clicking here) shall apply to all information, data or other content which is generated through each User's use of the Platform.

28. Links

Unless expressly stated otherwise in writing by the Company, any link on the Platform to other websites or platforms does not imply any endorsement, approval and/or recommendation of those sites, their operators or their products and/or services.

29. Foreign use

The Company makes no representation or warranty that the Platform is appropriate or available for use in all countries or that the content satisfies the laws of all countries. All Users are responsible for ensuring that their access to and use of the Platform, and the marketing of the User's products and services, is not illegal or prohibited in their relevant country.

30. No waiver

The Company will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by the Company. A failure to exercise or delay in exercising any right by the Company under these Terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.

31. Assignment

No User shall be permitted to assign or transfer any of their rights or obligations under these Terms without the Company's prior written consent.
The Company shall be entitled (in its sole and absolute discretion) to assign and transfer any of its rights or obligations under these Terms, and the consent of Users shall not be required for any such assignment or transfer.

32. Consumer Guarantees Act 1993

Each User agrees that it is using the Platform for the purposes of a business and that, accordingly, the Consumer Guarantees Act 1993 does not apply to these Terms. Each User agrees that it is fair and reasonable to exclude the application of that legislation.

33. Further assurances

Each User will sign all documents, and do all things, as may reasonably be required in order to give effect to the provisions of these Terms.

34. Severability

If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will remain valid and enforceable to the fullest extent permitted by law.

35. No contractual privity

Nothing in these Terms creates any contractual privity rights or third party beneficiary rights in any third party under Part 2, Subpart 1 of the Contract and Commercial Law Act 2017 or otherwise.
Each User acknowledges and agrees that the Company is not the vendor of the User's products or services, whether published on the Platform or otherwise and nor is it an agent of any User.
Any purchase of products or services by any customer of the User (whether as a result of a customer viewing the Platform or otherwise) shall be and remain between that customer and the User, and not the Company.
The User must take full responsibility and liability for its sales of its products and services to its customers.

36. Enduring effect

The cancellation of this agreement (for any reason) shall not affect any provisions of this agreement which, by their nature, are intended to survive such cancellation, including clauses 6.5, 14, 15, 16, 17 and 22. Any such provisions shall remain in full force and effect in accordance with their terms.

37. Governing law and jurisdiction

These Terms will be governed by and construed in accordance with the laws of New Zealand. All Users and the Company submit to the non-exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to these Terms.

38. Definitions and interpretation

In these Terms:
  • References to persons include natural persons, companies and any other body corporates (wherever incorporated) and unincorporated bodies (wherever formed).
  • Headings have been inserted for convenience only and will not affect the interpretation of these Terms.
  • References to clauses are to those in these Terms, except where specified otherwise.
  • References to the words including, include or similar words do not imply any limitation and are deemed to have the words without limitation following them.
  • References to a statute or statutory provision means a New Zealand statute or statutory provision as amended, consolidated and/or replaced from time to time.
  • A gender includes each other gender and the singular includes the plural and vice versa.
  • An obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done.
  • References to intellectual property means all intellectual property, proprietary and industrial rights of any nature (whether existing in statute, at common law or in equity), including all copyright and trade marks.
  • Reference to AI means artificial intelligence, and AI model means any AI or large language model (LLM).
  • Reference to API means application programming interface.
  • References to any content, warranties, representations, statements, information, facts, data and details of or from the User include its oral or written form of presentation.
  • Derivations of any defined word or term shall have a corresponding meaning.
  • No rule of construction (including the contra proferentem rule) applies to the disadvantage of a party because that party (or its relevant advisor) was responsible for the drafting of these Terms.
Walkthrough Digital Ltd

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