Moore Plans NZ Limited
Website Terms of Use

This website (Site) is operated by Moore Plans NZ Limited (NZBN: 9429050215065) (we, our or us). It is available at: www.mpnz.co.nz and may be available through other addresses or channels.

How you consent to these terms of use

If you access and/or use our Site, you are taken to have agreed to these terms of use (Terms). Please read these Terms carefully - if you don’t agree to them, then you must cease using our Site immediately.

When we make changes to these terms of use

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on our Site) sets out how we will collect and handle your personal information.

Your licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Conduct we don’t accept

When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes:

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  2. using our Site to defame, harass, threaten, menace or offend any person;
  3. interfering with any user of our Site;
  4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  5. using our Site to send unsolicited electronic messages; or
  6. facilitating or assisting a third party to do any of the above acts.

Competitors are excluded from using our Site

You are prohibited from using our Site, including our Content, in any way that competes with our business.

Orders

  1. You may order document packages from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular document package or document packages for the price notified (including any other applicable charges and taxes) at the time you place your order.
  2. When you place an order through the Site, you will be asked to input basic contact information such as your name, address, payment details, postal address, proposed site address and Lot number. It is your responsibility to keep your details confidential. You are liable for all orders placed using your details.
  3. You must ensure that any personal information you give to us when placing an order is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
  4. We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
  5. Each order that we accept results in a separate binding agreement between you and us for the supply of document packages and/or services in accordance with these Terms.
  6. It is your responsibility to check the order details, including selected document packages and pricing, before you submit your order through the Site.
  7. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email.

Price and payments

  1. You must pay us the purchase price of each document package you order as set out on the Site (the Price) in accordance with this clause. All amounts are stated in New Zealand dollars and are inclusive of New Zealand GST (where applicable).
  2. You must pay the Price using one of the methods set out on the Site, such as our elected secure third party payment processor or bank transfer. Only once the Price has been paid in full will your document package and/or services be dispatched to you.
  3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
  4. If we offer payment via a third party payment processor, the payment may be subject to the processor’s terms and conditions in addition to the terms herein.

Our Site is for your personal use only

We’ve designed our Site for you to use it personally, or for you to purchase our document packages to build and on-sell a residential dwelling and not on any other commercial basis. Except for the inclusion of the plan layout and an artist’s impression of the finished residential dwelling in any marketing of a residential dwelling you build to on-sell using our document packages, you must not use our Site, or any of our Content, for your commercial purposes, including, for example, to provide design services or for any other revenue generation activity.

Information

Please note that our Content is factual information only, is not comprehensive and is for general information purposes only. Our Content is not a financial or credit service or advice, including legal advice or tax advice. You cannot rely on it as such. We use reasonable attempts to ensure the accuracy and completeness of our Content, we provide our Content in good faith, make no representation or warranty in relation to it, and are not liable for any loss arising from reliance on our Content.

Plans

The residential dwelling plans contained in our document packages (Plans) have been created by architects and/or designers (each a Designer).

We continue to own the copyright in the Plans and by purchasing a document package, we provide a limited, non-exclusive, non-sublicensable and non-transferable licence to use the Plans in that document package for the purposes of constructing a residential dwelling.

Provided you have obtained our prior written consent and subject to you having a new site plan layout, complying with any additional conditions and paying any fees we determine necessary (in our sole and absolute discretion), you may re-use the Plans (e.g., for building the same dwelling & cladding type) within two years from the original purchase date of that document set.

You may not redistribute or publish, create derivative works from, or disclose the contents of the Plans or any other documents in a document package to anyone other than agencies, lenders or governmental agencies (e.g. local or territorial councils) on a “need to know” basis as required for carrying out the uses of the Plans and document packages permitted by these Terms.

Returns

Change of mind returns

  1. Nothing in this clause affects any rights you have under the Consumer Guarantees Act 1993 (CGA).
  2. We do not accept returns for change of mind or other circumstances.

New Zealand consumer laws

  1. If you purchase a document package for your personal use (and not for your commercial use), our products come with guarantees that cannot be excluded under the CGA. You are entitled to a replacement or refund for a failure of substantial character and, in some circumstances, for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a failure of substantial character. Nothing in these Terms limit the consumer guarantees under the CGA in any way.
  2. You agree and acknowledge that if you are in trade and acquire, or hold yourself out as acquiring, the products for business or commercial purposes in terms of section 43(2) of the CGA, then the CGA does not apply and that its non-application is fair and reasonable.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site, all of our Content and any copyright, registered or unregistered designs, patents or trade mark rights and domain names (Our Intellectual Property). Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to Our Intellectual Property. You must not:

  1. copy or use, in whole or in part, any of Our Intellectual Property;
  2. except for the inclusion of the plan layout and an artist’s impression of the finished residential dwelling in any marketing of a residential dwelling you build to on-sell using our document packages, reproduce, retransmit, distribute, display disseminate, sell, broadcast or circulate any of Our Intellectual Property to any third party; or
  3. breach any intellectual property rights connected with Our Intellectual Property, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Additional Services

If you request revisions to the Plans or any other document in a document package, otherwise require additional services, those services will be subject to additional fees as per our website.

Third party sites

Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

What happens if we discontinue our Site

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such
discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site, our Content or our document packages (including any Plans), including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free or free from viruses; or
  3. our Site will be secure

You read, use and act on our Site, our Content and our document packages at your own risk.

Your Responsibilities

It is you and the builder’s responsibility to ensure compliance in respect of the Plans for:

  1. ensuring that all works comply with applicable law and construction codes;
  2. obtaining all permissions from local and central government agencies;
  3. verifying dimensions and details are appropriate for the construction site;
  4. selection, quality, fitness for purpose and merchantability of construction materials;
  5. structural soundness and weatherproofing of the finished residential dwelling;
  6. construction methods and correct use of building materials as directed by the manufacturers; and/or
  7. on-site health and safety for construction personnel and other third parties.

Limitations

  1. our maximum aggregate liability arising from or in connection with these Terms (including the document packages and/or the subject matter of these Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the
    products the subject of the relevant claim; and
  2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  1. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
  1. loss of, or damage to, a document package, or any injury or loss to any person (subject to your rights under the CGA);
  2. failure or delay in providing a document package; or
  3. breach of the Terms or any law,
  4. where caused or contributed to by any:
  5. event or circumstance beyond our reasonable control;
  6. act or omission of you or your related parties; or
  7. your failure to use a document package in accordance with the indicated instructions or directions,
    and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to a document package.
  1. You agree that any information contained on the Site and any materials provided with a document package (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are no substitute for professional advice based on your personal circumstances. You are solely responsible for determining the suitability of a document package for your circumstances and your reliance on the Materials is at your own risk.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Terminating these terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Dealing with a problem

If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by someone with authority to reach a resolution, meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If a part of these Terms isn’t right

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Which laws govern these terms of use

Your use of our Site and these Terms are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand. Our Site may be accessed throughout New Zealand and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access our Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:
Moore Plans NZ Limited (NZBN: 9429050215065)
Email: info@mpnz.co.nz
Phone: 0800 100 153
Last update: 16 May 2022