Terms and Conditions

1. Agreement and Scope

By creating an account, browsing, purchasing, uploading, or otherwise using Pass the Report ("Platform"), you agree to these Terms and Conditions ("Terms") with [LEGAL ENTITY NAME], trading as Pass the Report, of [REGISTERED OFFICE ADDRESS], New Zealand ("we", "us", "our"). If you do not agree, you must not use the Platform.

2. Key Definitions

In these Terms: "User" means any account holder using the Platform to search, purchase, or interact with reports; "Inspector" means a User who uploads reports for resale; "Report" means a building or property inspection report uploaded by an Inspector; and "Services" means all Platform features, including search, purchase, upload, account management, and payment/payout facilitation.

3. Platform Role

Pass the Report operates a marketplace and technology service. We are not a party to any pre-existing engagement between an Inspector and their original client, and we do not author, certify, endorse, or warrant any Report. Unless expressly stated otherwise, we do not provide engineering, legal, valuation, or financial advice.

4. Eligibility and Accounts

You must be at least 18 years old and legally capable of entering a binding contract to use the Platform. You must provide accurate and current information and keep your login credentials secure. You are responsible for activity under your account and must notify us promptly of unauthorized access.

5. Acceptable Use

You must use the Platform lawfully and in good faith. You must not misuse the Services, attempt unauthorized access, upload malicious content, scrape or copy data at scale, infringe intellectual property rights, misrepresent your identity, or use Reports for unlawful, defamatory, discriminatory, or deceptive purposes.

6. Terms for Users/Buyers

Reports are sold for personal or internal due diligence use unless otherwise stated. You receive a limited, non-exclusive, non-transferable licence to access and use purchased Reports for lawful property-related decision making. You must not resell, redistribute, publish, or commercially exploit Reports without rights holder permission.

7. Terms for Inspectors

By uploading a Report, you represent and warrant that: (a) you have authority and legal right to provide it for resale or licensed reuse on the Platform; (b) upload and sale do not breach confidentiality obligations, privacy rights, contract terms, or third-party intellectual property rights; (c) information you provide about the Report is accurate and not misleading; and (d) you comply with applicable New Zealand laws and professional obligations.

Inspectors grant us a non-exclusive, royalty-free licence to host, display, market, and distribute uploaded Reports through the Platform for the purposes of operating the Services.

8. Pricing, Payments, Payouts, and Tax

Prices and fees are displayed on the Platform and may change from time to time. Payments are processed by third-party providers such as Stripe. You authorize us and our payment providers to process transactions, including applicable fees and charges. Inspector payout eligibility, timing, withholding, and minimum thresholds may be set in Platform rules. Each party is responsible for its own tax obligations, including GST and income tax where applicable.

9. Refunds and Chargebacks

Purchases are generally final once Report access is provided. We may offer refunds or credits at our discretion where there is a billing error, duplicate payment, or material access issue. If a chargeback is initiated without reasonable basis, we may suspend account access while the matter is investigated.

10. Consumer Protection and Fairness

Nothing in these Terms limits or excludes rights and remedies that cannot be excluded under New Zealand law, including rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 where applicable. To the extent permitted by law, where Services are supplied for business purposes, you agree relevant consumer protections may not apply.

11. Report and Service Disclaimers

Reports may become outdated and are dependent on scope, methodology, and conditions at inspection time. We do not guarantee that any Report is complete, current, suitable, or fit for your purpose. You should obtain independent professional advice before making property or financial decisions.

12. Limitation of Liability

To the maximum extent permitted by law, we are not liable for indirect, consequential, special, incidental, or punitive losses, including loss of profits, opportunity, data, or goodwill, arising from your use of the Platform. To the extent permitted by law, our aggregate liability for claims connected with the Services is limited to the greater of: (a) the total fees you paid us in the 12 months before the event giving rise to the claim; or (b) NZD $500.

13. Indemnity

You agree to indemnify us, our officers, employees, and agents against claims, losses, liabilities, and costs (including legal costs on a solicitor-client basis) arising from your breach of these Terms, misuse of the Platform, infringement of rights, or unlawful conduct. This indemnity does not apply to the extent loss is caused by our fraud, willful misconduct, or non-excludable statutory breach.

14. Suspension, Termination, and Survival

We may suspend, restrict, or terminate access where we reasonably believe you breached these Terms, pose security/legal risk, or misuse the Platform. You may close your account at any time. Clauses by nature intended to survive termination (including payment obligations, intellectual property, disclaimers, liability limits, indemnity, and disputes) continue after termination.

15. Privacy and Data Handling

Our collection and use of personal information is described in our Privacy Policy, which forms part of your overall use framework. You must handle any personal information obtained through the Platform in compliance with applicable privacy laws, including the Privacy Act 2020 (NZ), where relevant.

16. Changes to Terms

We may update these Terms from time to time. Material changes will be published on this page and may be notified by email or in-product notice. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

17. Dispute Resolution and Governing Law

These Terms are governed by the laws of New Zealand. If a dispute arises, the parties will first attempt to resolve it through good-faith negotiations. If unresolved, the parties will attempt mediation in New Zealand before commencing court proceedings, except where urgent injunctive relief is required. If mediation does not resolve the dispute, the courts of New Zealand have non-exclusive jurisdiction.

18. Contact Details

Legal notices and questions about these Terms can be sent to [LEGAL CONTACT EMAIL]. You may also use our Contact page.