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HouGarden Tìm Nhà New Zealand & Úc
These User Terms are the website presentation of the HouGarden User Agreement. They apply to your use of the HouGarden websites and mobile applications, including accounts, property tools and AI Search, and set out your choices and rights.
These terms govern your use of the HouGarden websites, mobile applications and related property information services operated by HouGarden.Com Ltd (HouGarden, we, us or our). References to you include a person using the services on behalf of an organisation. If you act for an organisation, you must have authority to accept these terms for it.
Please read these terms before using the services. By accepting them when prompted, creating an account or using the services after they have been made available to you, you agree to comply with them. If you do not agree, do not use the services. Accepting these terms does not, by itself, authorise us to send your search content to third-party AI providers; we obtain your explicit permission before that sharing occurs.
Our Privacy Policy explains how we handle personal information and should be read with these terms. Specific terms for a separately purchased or commercial service apply only where they are presented to you and accepted. Those specific terms govern that service to the extent of any inconsistency, subject always to rights that cannot lawfully be excluded.
The services are intended for people aged 16 or older who have the legal capacity to enter into these terms. Some features require an account. You must give accurate registration information, keep it current and protect your sign-in credentials.
You are responsible for activity you authorise through your account. Tell us promptly if you suspect unauthorised access. We may take proportionate steps to verify account information or restrict access where reasonably necessary to protect users or the services. This does not transfer to you responsibility for a security failure caused by us.
HouGarden provides property information, search tools, saved-property features and related services for New Zealand and Australia. We are an information platform, not a real estate agent, lender, registered valuer, or legal, tax or financial adviser. We do not become a party to a property transaction merely because it originates through our services.
Listings, property attributes, sale histories, school-zone information, automated estimates and market indicators may be supplied by third parties or derived from data available at a particular time. They may be incomplete, outdated or incorrect. Automated valuation model estimates are indicative estimates, not inspections, registered valuations or guarantees of a sale price.
Before making a purchase, sale, tenancy, lending or investment decision, check material facts with the relevant source and obtain appropriate independent advice. Search rankings and matches do not establish that a property meets every requirement or that an agent, owner or listing is endorsed by us.
AI Search lets you describe what you are looking for in natural language. We use large language models provided through Google Gemini and OpenAI APIs to analyse your current search, recognise your intent and convert it into a structured query that can be executed against HouGarden’s own property data warehouse. A request may be processed by one or both providers as required by the service.
The property results are retrieved from HouGarden’s own database. The AI providers interpret the request and help form the query; they are not the source of the property records returned by HouGarden.
Only text from your current search is submitted to these AI providers: text you type, text transcribed from your voice input, and text extracted from an image you choose to upload. We do not send the original audio recording or original uploaded image to Gemini or OpenAI as part of this AI intent-recognition process.
We do not append your previous conversations, historical searches, device location, account information or other user profile information to the search content submitted to the AI providers. Information that you include in the current input, or that appears in its transcription or extracted text, is nevertheless part of that input and will be sent. For example, an address you type into the search field is included even though we do not attach your device location.
Please avoid submitting sensitive personal information, account passwords, payment details, confidential documents or information about another person that you are not authorised to provide. Review voice transcriptions and image-derived text where the interface allows you to do so.
Under the contractual arrangements and API configurations used for HouGarden AI Search, Google and OpenAI process the submitted search text and resulting query output on a zero-data-retention basis. They do not retain that content after processing, use it to train or improve their models, or subject it to human review. These commitments concern the AI Search content processed under our arrangements, not every other product offered by those providers.
HouGarden does not use your AI Search inputs or resulting queries to train or improve AI models. Our AI intent-recognition workflow is automated and does not involve human review of your search inputs.
HouGarden keeps your search history for 90 days from the date of the search. Records are deleted at the end of that period, unless removed earlier through account deletion, subject to any record we are legally required to retain. This is HouGarden’s own retention period and is separate from the AI providers’ zero-retention arrangements. The 90-day period applies to search history, not automatically to all other account or service records.
Our AWS-hosted systems are located in Sydney and Melbourne, Australia. Search text is also processed through the Google Gemini and OpenAI APIs. Hosting our systems in Australia does not mean that all AI processing takes place in Australia; processing may occur in other countries under the providers’ applicable service arrangements. We use contractual and other applicable safeguards for overseas processing, as explained in our Privacy Policy.
Before search content is first sent to a third-party AI provider, we explain the sharing and ask for your explicit permission. AI Search cannot operate without this processing. If you decline, we will not send your search content for AI processing, and you may keep your account and continue using ordinary search and other features that do not depend on AI Search.
You may withdraw your AI data-sharing consent and stop using AI Search without deleting your account. Use the consent controls made available in the service or contact support@hougarden.com to request withdrawal. Once withdrawal takes effect, we stop sending new search content for AI processing unless you give permission again. Withdrawal does not undo processing already completed.
Stopping AI Search or withdrawing consent does not, by itself, erase search history already held by HouGarden; that history remains subject to the 90-day retention rule and applicable deletion rights. You may separately delete your account through My → Settings → Delete Account, or request account deletion at support@hougarden.com. Account deletion removes the account and its associated personal information, including search history, except records that must be retained under applicable law. We may verify your identity before acting on a request.
If we propose a material change to the AI providers, the categories of personal information shared or the purpose of the sharing, we will give an appropriate notice and obtain fresh permission where required before the changed processing begins.
AI interpretation, speech transcription, image text extraction and query generation can make mistakes. A generated query may misunderstand a requirement or omit a condition, and results may not match every part of your request. Check the interpreted criteria and the underlying property information before relying on a result.
AI Search assists information retrieval. It does not approve a mortgage or tenancy, make a property purchase decision for you, or provide professional advice. The fact that results come from our database does not guarantee that the records or the matching process are accurate, complete or current.
You retain your rights in the text, images and other material you submit. You give HouGarden a non-exclusive permission to receive, process, reproduce and transmit that material only to the extent needed to provide the feature you request, operate the services and comply with law. For AI Search, this permission is limited by the data-sharing choices, purposes and retention commitments described above.
Submitting a private search does not make it public and does not grant a licence to use it in advertising or model training. If you deliberately publish a listing or other public content, you authorise us to display and distribute it through the relevant public features. You must have the rights and permissions needed to provide the content. We may remove or restrict unlawful or infringing public content on reasonable grounds and, where practicable, explain the action.
Subject to these terms, you may access the services and use their intended features for lawful property research and related purposes. The software, branding, interfaces and proprietary datasets are owned by HouGarden or its licensors. Your use does not transfer ownership of them.
Unless we authorise it or applicable law permits it, you must not scrape or systematically extract data, resell access, reproduce substantial parts of our database, use our content to train models, bypass access controls or limits, or use our trademarks in a way that suggests an unauthorised association. Ordinary sharing through features we provide remains permitted.
You must not use the services to infringe another person’s rights, harass or discriminate, impersonate others, send spam, publish misleading listings, introduce malicious software, or interfere with the services. You must not attempt to manipulate AI Search to expose private data, system instructions or restricted database content, or to execute unauthorised commands.
We may send communications needed to provide the services, including verification, account security and material service notices. Marketing communications are subject to applicable consent requirements and the opt-out methods described in our Privacy Policy.
When you choose to send an enquiry or share information with an agent or another user, the information needed for that action may be disclosed to the recipient. AI Search consent is not consent to marketing or to sending an enquiry to an agent.
We use service providers to support functions such as hosting, authentication, maps, messaging, analytics and diagnostics where those functions are offered. The data minimisation rules for AI requests do not mean that every other feature processes the same information. Our Privacy Policy explains the personal information used for those other purposes.
Links to external websites and services are provided for convenience. Separate terms may apply when you choose to use them. We do not control their independent content or dealings, but this does not exclude responsibilities we have under law for our own selection, instructions or use of service providers.
The Privacy Policy at https://www.hougarden.com/nz/h5/privacy explains collection, use, disclosure, security, retention and the rights available to you. You may contact support@hougarden.com to request access to or correction of your personal information, raise a privacy concern, withdraw AI consent or request account deletion. We handle requests in accordance with applicable law and may take reasonable steps to verify identity.
Nothing in these terms waives a privacy right or permits a use of personal information that requires additional notice or permission without meeting that requirement. A general reference to improving our services does not override the commitments above against using AI Search content to train or improve AI models.
If we offer a paid feature, we will disclose the price and applicable payment, renewal, cancellation and refund terms before purchase. No charge arises merely from accepting these terms. Mandatory consumer remedies and any applicable app-store billing rules remain unaffected.
Property purchases, rentals and other transactions with an agent, owner or third-party provider are subject to the arrangements you make with that party. Check the recipient, contract and payment instructions before transferring money. A listing on HouGarden is not a guarantee of the recipient’s identity or the transaction’s performance.
We take reasonable care in operating the services but cannot promise uninterrupted access or that every error will be prevented. Maintenance, provider outages and other circumstances may affect availability. AI features may also be limited by capacity, supported inputs or provider availability.
We may make reasonable changes for security, legal compliance or product development. Where a change materially reduces a paid service you have already purchased, we will give appropriate notice and any cancellation, refund or other remedy required by law or the applicable purchase terms.
Nothing in these terms excludes or limits rights or remedies that cannot lawfully be excluded or limited, including those under the New Zealand Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020 and, where applicable, the Australian Consumer Law and Australian Privacy Act 1988.
Subject to those rights, we do not promise that information supplied by third parties, automated estimates or AI interpretations will be error-free or suitable for a particular transaction. You remain responsible for deciding whether to proceed with a transaction and for obtaining the checks and advice appropriate to it.
To the extent permitted by law, we are not liable for loss that was not reasonably foreseeable as a result of our breach, or for business losses arising from your use of a consumer service. We do not exclude liability for our fraud or wilful misconduct, or any liability that applicable law requires us to bear. Any responsibility for loss will take account of the extent to which each party caused or contributed to it.
We may restrict or suspend access where reasonably necessary to address a material breach, unlawful activity or a genuine security risk. Where practicable, we will explain the reason and allow a reasonable opportunity to resolve the issue. Urgent protective action may be taken without advance notice.
You may stop using the services at any time and may close your account as described above. Account closure ends access to account-dependent features. It does not remove rights, obligations or claims that arose before closure. Provisions that need to continue by their nature, including intellectual property, privacy commitments, accrued payment obligations and dispute provisions, continue to apply.
We may update these terms to reflect changes in the services, law or reasonable operational requirements. We will publish the revised text with its effective date and give prominent notice of material changes. Changes will not retrospectively remove rights that have already arisen.
Where we rely on your consent for personal-information processing, publication of revised terms or continued general use of the services does not replace any fresh consent required for a new or materially changed purpose. If you do not accept a contractual change, you may stop using the affected service, subject to any applicable cancellation and refund rights.
These terms are governed by New Zealand law, without depriving you of mandatory protections that apply where you live. Please first contact us so we can try to resolve a concern. You remain free to contact a regulator, use an available statutory dispute process or bring a claim before a court or tribunal with jurisdiction.
The parties may agree to mediation or arbitration after a dispute arises, but these terms do not require a consumer to give up access to courts, tribunals or statutory remedies. The New Zealand courts have non-exclusive jurisdiction, subject to any mandatory right to bring a claim elsewhere.
If a provision is unenforceable, the remainder continues so far as it can fairly operate. A failure to enforce a provision immediately is not a waiver. The English and Chinese versions are intended to express the same terms. If a discrepancy arises, the English version prevails to the extent permitted by law, without limiting mandatory consumer rights or obligations concerning misleading statements.
HouGarden.Com Ltd
Email: support@hougarden.com
Address: Level 3, 3–13 Shortland Street, The Old South British Building, Auckland Central, Auckland, New Zealand
Telephone: +64 9 377 5666 (New Zealand) or +61 2 7208 8666 (Australia)
For privacy requests, please address your message to the Privacy Officer. Do not include unnecessary sensitive information in your initial enquiry.
HouGarden Tìm Nhà New Zealand & Úc