Terms & Conditions
1. Introduction and Acceptance
Welcome to the Hartles & Co website (Website). These Terms and Conditions (Terms) govern your access to and use of the Website, including all content, listings, tools, and enquiry forms made available on it.
By accessing or using this Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.
2. Who We Are
Hartles & Co is a real estate team trading under Lugton's Limited, a licensed real estate agency under the Real Estate Agents Act 2008. References to "Hartles & Co," "we," "us," or "our" in these Terms mean a collective of Lugton's Limited agents trading as Hartles & Co.
3. Use of This Website
You agree to use the Website in a manner that complies with all applicable laws and regulations (including the Privacy Act 2020) and that does not infringe our rights or the rights of any other person, or restrict or inhibit anyone else's use and enjoyment of the Website.
You agree not to:
damage or harm the Website, or any underlying or connected network or system;
use unauthorised automated means (including bots, scrapers, or data-mining tools) to access the Website or extract content or data from it;
introduce any viruses, worms, trojans, timebombs, or other technologically harmful content or code to the Website;
use the Website to do anything unlawful, misleading, malicious, or discriminatory;
do anything that could disable, overburden, or impair the proper working of the Website, such as a denial-of-service attack;
upload or post any content, or use the Website to transmit any communication, that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable;
send or post unauthorised commercial communications (such as spam) via the Website;
solicit login information or attempt to access an account belonging to someone else;
bully, intimidate, or harass any user of the Website; or
offer any contest, giveaway, or sweepstake on or via the Website without our prior written permission.
We may suspend or restrict access to the Website, in whole or in part, at any time and without notice.
4. Property Listings and Information
We take reasonable care to ensure property information published on this Website is accurate and current. However:
Property particulars (including descriptions, land area, floor area, price indications, chattels, boundaries, and images) are provided in good faith and are sourced, in part, from vendors, public records (such as LINZ and council data), and other third parties. We do not independently verify all such information and cannot guarantee its accuracy.
Measurements, floor plans, and boundary lines shown on the Website are indicative and approximate only, and should not be relied upon for legal or financial decisions. Prospective purchasers should obtain independent verification (including from a registered surveyor, LIM report, or legal advice) before making any decision.
Photographs, video, and virtual tours may not reflect the current condition, styling, or inclusions of a property, and some images may be digitally staged or enhanced.
Prices, availability, and marketing methods for any listing may change without notice, and any price shown is not an offer capable of acceptance.
Nothing on this Website constitutes legal, financial, valuation, or investment advice.
If we become aware that published information is incorrect or has changed, we will take reasonable steps to correct it, consistent with our obligations under the Real Estate Agents Act 2008 and the Fair Trading Act 1986.
5. Advertising and Fair Trading
Hartles & Co agents are required to have a reasonable basis for any factual claim made about a property, in accordance with the Fair Trading Act 1986 and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. Obvious statements of opinion or promotional language (such as general descriptions of a property's appeal) are not intended to be, and should not be relied upon as, statements of fact.
If a listing has ended, sold, or is withdrawn, we aim to remove or update the relevant advertising promptly. If you notice outdated advertising, please contact us so we can address it.
6. Enquiries and Website Forms
Information you submit via enquiry forms, appraisal requests, or contact forms on this Website will be used to respond to your enquiry and, where relevant, to contact you about our services. See Section 10 (Privacy) and our Privacy Policy for details on how we collect, use, store, and disclose personal information in accordance with the Privacy Act 2020.
We do not guarantee immediate response times, and enquiries submitted through the Website do not create any agency, contractual, or client relationship until confirmed in writing.
Publication of any email address on this Website should not be taken as consent to receiving unsolicited commercial email. Anyone wishing to send email material to individuals or organisations whose addresses appear on the Website must comply with the Unsolicited Electronic Messages Act 2007.
7. Testimonials and Third-Party Review Platforms
Testimonials, ratings, or reviews displayed on this Website (including those sourced from platforms such as Rate My Agent) reflect the individual views of the reviewer at the time given and are not verified statements of fact by Hartles & Co.
8. Intellectual Property
All content on this Website — including text, graphics, logos, photography, videography, floor plans, and the Hartles & Co and Lugton's brand marks — is at all times the copyright/trademark of Hartles & Co, Lugton's Limited, our suppliers, or linked third parties (as applicable). You may view and download content for personal, non-commercial use only. You may not distribute, reproduce, display, or publish any trademark or other Website content for any other purpose without our prior written approval. You agree to indemnify us against any claims, costs, damages, or losses we incur if you fail to comply with this section.
9. Links to Third-Party Sites and Social Media
This Website may contain links to third-party websites (including realestate.co.nz, Trade Me Property, Rate My Agent, and social media platforms). The display of any advertiser or third-party link does not constitute our endorsement of that party, their content, or their business practices. We do not control third-party websites, and access to them is at your own risk — we recommend you review the terms of use and privacy policy of any third-party site before using it.
We use social networking services (such as Facebook, Instagram, and LinkedIn) to communicate with the public. When you interact with us through these platforms, they may collect your personal information for their own purposes under their own, independent privacy policies. They do not have access to the personal information we hold on our own systems.
We accept no liability for any dealings, promotions, or activities between you and any advertiser or third-party provider.
10. Privacy
Our collection and handling of personal information is governed by our own Privacy Policy, prepared in accordance with the Privacy Act 2020. This Website is operated independently of Lugton's Limited's own website, and privacy enquiries relating to this Website are handled directly by Hartles & Co — see our Privacy Policy for contact details.
11. Cookies and Website Analytics
This Website may use cookies and similar technologies to improve your browsing experience and to help us understand how the Website is used. We may use third-party analytics or advertising partners (Google Analytics, Meta), who may use cookies to inform, optimise, and present content or advertising based on your interaction with the Website, including on other websites you visit. You can configure your browser to refuse cookies, though some Website functionality may be affected as a result.
12. Limitation of Liability
To the maximum extent permitted by law:
the Website and its content are provided "as is" without warranties of any kind, express or implied;
we are not liable for any loss or damage arising from your use of, or reliance on, information contained on the Website, including any inaccuracy in property particulars supplied by third parties; and
we are not liable for any indirect, consequential, or special loss, or for any interruption, error, or unavailability of the Website.
Nothing in these Terms excludes or limits any right or remedy that cannot lawfully be excluded, including rights under the Consumer Guarantees Act 1993 (where it applies) or the Fair Trading Act 1986.
13. Indemnity
You agree to indemnify and hold harmless Hartles & Co, Lugton's Limited, and their respective licensees, employees, and contractors against any claim, loss, or liability arising from your misuse of the Website or breach of these Terms.
14. Complaints
If you have a complaint about the conduct of a Hartles & Co agent, you may raise it with us directly at Richard.Hartles@lugtons.co.nz or refer to Lugton's Limited's internal complaints process. You may also make a complaint to the Real Estate Authority (REA) at rea.govt.nz, the independent regulator of real estate agency work in New Zealand.
15. Changes to These Terms
We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. The current version will always be available on this Website, and continued use of the Website after changes are posted constitutes acceptance of the updated Terms.
16. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms referenced on the Website, constitute the entire agreement between you and us regarding your use of the Website, and supersede all prior agreements, arrangements, understandings, and representations (whether oral or written) on that subject.
17. Governing Law
These Terms are governed by the laws of New Zealand, and any dispute arising from them is subject to the exclusive jurisdiction of the New Zealand courts.
18. Contact Us
Hartles & Co, trading under Lugton's Limited, 1010 Victoria Street, Hamilton