Terms and Conditions
Terms of Sale
Lots Co is the trading name for Lots Co Ltd. Lots Co is referred to in these terms of sale as “we”, “us, or “our”.
Lots Co Ltd is a New Zealand based and owned company operating exclusively in New Zealand.
These terms of sale apply to your purchase of Lots Co products and services.
Purchase transactions from the site will appear on your bank statement as “Lots Co”.
Privacy Collection
When you contact us to enquire about any of our products or services.
Through your use of the services and functionality offered through it.
Use
We will only use personal information about you for the following reasons:
To record and process your orders.
To add to our database so all project information generated through the Lots Co services is made available for the processing of further services you may purchase.
To improve the products and services we offer.
To respond to your queries.
Any other reasons which we may notify at the time the information is collected.
Disclosure
We may share your personal information:
To our group companies or service providers (e.g. for the processing of a resource and / or building consent application).
Where the disclosure is in connection with one of the purposes for which the information was collected.
Where we are required or authorised by law to make disclosure.
Except as provided above, we will not share your personal information with any other third parties.
Retention and Security
We will not hold your personal information for longer than is required for the purpose(s) for which it was collected.
We will ensure that security safeguards protect the information and we will take all reasonable steps to ensure that information will not be disclosed to any unauthorised person or organisation.
Access and Correction
We will take all reasonable steps to ensure that personal information held by us is accurate and up-to-date. You are entitled to obtain from us confirmation as to whether or not we hold personal information about you and you are entitled to reasonable access to this information. You may also request that we correct this information if it is inaccurate.
You can make changes to your personal information by:
Contacting us using our email address: [email protected]
Calling us in NZ on 09 302 2201
Google Maps Features
We make use of the Google Maps API for address autocomplete. By using our services you agree to be bound by the Google terms of service. A copy of which can be found at https://policies.google.com/terms
The Google Maps privacy policy may be found at https://policies.google.com/privacy
Emails
We only email you in response to your queries or for matters specifically related to your project. We do not send unsolicited emails (Spam).
Every email message we send includes an email address to which you can respond.
Orders and Delivery
You will received a contract and invoice for your chosen service. Work on your job is triggered by your payment into the Lots Co holding account.
On completion, all service deliverables will be emailed to you.
Pricing
The prices for the products are in New Zealand dollars and include GST.
Lots Co reserves the right to amend pricing at any time.
Product Range and Deals
Lots Co reserves the right to limit the range of products available to certain areas.
Product Descriptions
The products will comply, in all material respects, with their product descriptions appearing on this site at the time when you submit the order.
Intellectual Property Rights
All intellectual property, including without limitation any trade marks, text, graphics and copyright, is owned by us or our content suppliers. We are the exclusive owner of all rights in the compilation, design and layout of our products and services.
In regard to deliverable content, Lots Co shall retain intellectual property/copyright in all drawings, specifications and other documents prepared by us. You may reproduce drawings, specifications and other documents in which Lots Co has copyright as reasonably required in connection with the project but not otherwise.
You agree Lots Co owns all Aggregated Data. You also agree that nothing in this Agreement will prohibit Lots Co or its affiliates from utilizing Aggregated Data for any purpose, provided such Aggregated Data does not reveal any personally identifying information about you or any End Users or is reasonably linkable to any End User or household.
Lots Co shall have the right to photograph, distribute reports and create case studies for all completed works and shall have the right to use this material for publication, exhibition, or other promotional purposes provided such material does not reveal any personally identifying information about you or any End Users or is reasonably linkable to any End User or household.
Returns and Refunds Policy
Lots Co may cancel an order for any reason whatsoever. Where an order is cancelled by Lots Co, we will notify you of the cancellation and you will receive a refund equal to the value of the order.
For fixed cost services, Lots Co contracts to action your order immediately and we begin to incur costs from payment received. In the unlikely event of cancellation being required by you for any reason, we will cease work immediately and refund your money, based on the amount of work that has not been completed.
If you have purchased services as part of a combined package (i.e. Site Review and Options Testing combined) and we discover as part of completing Site Review that development might not be advisable, we shall contact you and outline the risks. If you chose not to proceed we will refund you the value of your purchase LESS $800.
Your Information
Please ensure that any information that you provide is complete and up-to-date and please advise us as soon as possible if any of this information changes or you become aware of any inaccuracy in the information you have provided. If you are providing information about a person other than yourself, you warrant that you are authorised by that person to provide that information.
You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Force Majeure
We will not be responsible for any delay or failure to comply with our obligations under these terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect any of your statutory rights.
Consumer Guarantees Act
If the products are subject to the New Zealand Consumer Guarantees Act 1993 (“CGA”), you may have statutory rights and remedies which are not excluded nor limited by the above provisions unless you are acquiring the products for business purposes, in which case all of the above exclusions and limitations will apply and the CGA will not apply.
All Liability Excluded
To the extent permitted by law:
All warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of the content of our products and services.
We will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of the content of our products and services.
The client acknowledges and understands neither Lots Co, nor any of its directors, employees, shareholders, agents or representatives shall be liable to the Client for any direct, indirect, incidental, special, or consequential damages that result from the reporting and data of any third party product or service, including without limitation any third party products or services that integrate the Lots Co Services.
Third-Party Services include:
Engineering Reports
Planning Reports
Due Diligence Siteworks Analysis & Estimation
Financial and Lending Advice
Real Estate Analysis
Additional Terms
Additional terms and conditions may apply for certain products or services which may be available through additional documents and any such additional terms and conditions must be read in conjunction with these terms of use.
Amendments
We may amend these terms of use from time to time.
Costs and Returns
The Lots Co Smart House Models are underpinned by real, fully realised and parametrically modelled buildings. General market rates are used to determine construction cost. These rates are subject to change. Costs become accurate as the project progresses and contractors and various building methodologies are confirmed.
Where it has been possible, site development costs are taken from fixed-price service contracts, other costs are more general and the feasibility uses various formulas to capture project specific tasks and costs. Costs are subject to change. At the Discovery level these are indicated costs only.
A contingency is factored into the model. This is can be modified at the client’s discretion.
Cost of Finance modelling has been created in partnership and with advice from Loan Market Development Finance.
Sale prices are based on general market values, and are confirmed at the time this report is undertaken. They have been captured from homes.co.nz and in consultation with real estate agents across Auckland. Conservative figures have been used as a response to market unpredictability and are subject to change. More accurate sales values in consultation with a Real Estate agent can be determined as the project progresses and value is identified as a result of detailed design work. Sale prices can also be modified at the client’s discretion.
Rental returns are taken from tenancy.govt.nz. Low or Median rates are used.
In general, all Lots Co Due Diligence reports and Feasibilities utilise cost and return data from various sources including third-party consultants. This data is subject to change and does not remain in perpetuity. Lots Co accepts no responsibility for the accuracy or otherwise of third-party material. As the project progresses through the various stages all cost and return data is updated.
Jurisdiction and Governing Law
These terms of use and any matters or disputes connected with this site will be governed by New Zealand laws and will be dealt with in New Zealand courts.
Public Data
All Lots Co Due Diligence reports provide those considering residential development with an understanding of the issues and risks relating to the design of their site. They also provide a framework for their relative assessment.
All reports utilise publicly available source data from LINZ, Auckland City and Core Logic. Lots Co accepts no responsibility for the accuracy or otherwise of this material. This data is used to make early decisions and is replaced with accurate data at the Design stage of the process.
Ownership
The Consultant shall retain intellectual property/copyright in all drawings, specifications and other documents prepared by the Consultant. The Client shall be entitled to use them or copy them only for the works and the purpose for which they are intended.
The ownership of data and factual information collected by the Consultant and paid for by the Client shall, after payment by the Client, lie with the Client.
The Client may reproduce drawings, specifications and other documents in which the Consultant has copyright, as reasonably required in connection with the project but not otherwise. The Client shall have no right to use any of these documents where any or all of the fees and expenses remain payable to the Consultant.
Contact Us
For any further queries email us on [email protected]