TERMS AND CONDITIONS

This website is operated by Devsmarts Limited (“Devsmarts”, “we”, “us” or “our”). These terms are governed by and construed in accordance with the laws of New Zealand. These terms are the complete and only terms that apply as between Devsmarts and the user (“you” or “your”) of this website.

These terms were last updated on 19 November 2025. We reserve the right to update these terms at any time. You should check these terms from time to time to review the then current terms because they are binding on you. Your continued use of this website after changes are posted constitutes your acceptance of the modified terms.

For information about how we collect, use and disclose information about users of this website, please consult our Privacy Policy.

This website is operated by Devsmarts in New Zealand for persons in New Zealand. The content of this website may not be appropriate or available for use in other locations. If you access or use this website from outside of New Zealand, you do so at your own risk and are responsible for complying with local laws.

These terms do not create a partnership, joint venture, agency, or employment relationship between you and Devsmarts. Our failure to enforce any right or provision of these terms will not be considered a waiver of that right or provision. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will remain in effect and the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision. We reserve the right to prohibit links to this website.

Devsmarts provides an online portal that assesses the potential development suitability of residential land. This service is available to users in New Zealand only.

All payments made for our Services are non-refundable, except where required by law. Our Services will be provided within ten (10) working days from the date of purchase unless otherwise stated. All prices displayed on our website are in New Zealand dollars and exclude any applicable taxes, unless otherwise stated. We reserve the right to change prices at any time. You are responsible for any fees charged by third-party payment processors in addition to the price of the Services. Payment is due immediately upon clicking the purchase button.

By providing your credit card details, you authorise us to debit your credit card for the Services purchased. You confirm that you are authorised to use the credit card and that the details you provide are accurate. We use third-party payment processors to handle credit card transactions and you agree to be bound by their terms and conditions. We accept no responsibility for any declined transactions.

You are responsible for providing accurate, complete and timely information when using our Services. Any inaccuracies, omissions or delays in the information you provide may invalidate any complaint about the Services.

Our affiliates and partners are qualified professionals who provide services on our behalf. Details of our affiliates and partners are available on our website and are subject to change from time to time.

All content on this website, including text, graphics, logos, icons, images and the arrangement thereof, is the exclusive property of Devsmarts or its licensors and is protected by New Zealand and international copyright laws. All trademarks displayed on this website are the registered and unregistered trademarks of Devsmarts or its licensors. You may not attribute any information sourced from this website to Devsmarts in any public communication for advertising or other commercial purposes, or imply that Devsmarts endorses any product, service or communication.

Devsmarts grants you a non-exclusive, non-transferable licence for personal use only, permitting you to access, download, display and print the content of this website, provided you do not modify the content and you retain all copyright and other proprietary notices. Other than for fair dealing purposes under the Copyright Act 1994, no part of this website may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without prior written permission from Devsmarts.

Devsmarts owns the unrestricted right to use, publish and otherwise exploit all information provided by you, including survey responses, for any purpose. You waive any right to privacy, publicity, moral rights and attribution in connection with such information. You confirm that you own or have permission to use all materials you upload, including photos, titles and ratings.

You grant Devsmarts a non-exclusive, perpetual, transferable, sublicensable, unrestricted, royalty-free, irrevocable and worldwide licence to store, display, reproduce, modify, distribute, create derivative works from, and share your information with affiliated and third-party entities. These rights continue after you discontinue use of our Services.

We may display your information on third-party websites for promotional purposes, use your data for marketing or internal development, and store your information for service improvement purposes.

While Devsmarts takes reasonable measures to ensure the accuracy of the material on this website, Devsmarts makes no express or implied warranties or representations as to the accuracy, reliability, completeness or suitability of any material. Devsmarts excludes all liability for any loss or damage arising from or in connection with the use of any material on this website, or any compilation, derivative work or modification of such material.

The content of this website should not be construed as legal or professional advice. The information provided on this website addresses general matters only and may vary according to your specific circumstances. You should consult with an appropriate surveyor, quantity surveyor, legal adviser or accountant before making any decision based on the information on this website. While we believe our sources to be reliable, Devsmarts makes no representation as to the efficacy or accuracy of any advice and accepts no responsibility for any negligent misstatement, error, omission or the results obtained from the use of such information.

All information and advice provided on this website is provided “as is” without any guarantee of completeness, accuracy, timeliness or of the results obtained from the use of such information. Devsmarts, its agents, employers, affiliates, partners, subsidiaries and their respective representatives shall have no liability for any losses, decisions or actions arising from or relying on information on this website, including any consequential or special damages, even where advised of the possibility of such damages.

You access the content of this website at your own risk. Devsmarts shall not be responsible for any adverse consequences arising from your use of or reliance on the content of this website. The content of this website has not been prepared with your specific objectives, situation or needs in mind.

To the maximum extent permitted by law, Devsmarts excludes all warranties and representations in relation to the content of this website (including any content provided by our affiliates and partners), whether express, implied, statutory or otherwise, and shall not be responsible for any errors or misstatements in such content. To the maximum extent permitted by law, Devsmarts excludes all liability for any direct, indirect, consequential or special loss or damage, including loss of profits, loss of data, loss of savings and loss of opportunity, arising from or in connection with the use of this website, whether in contract, tort (including negligence) or otherwise.

By using this website, you acknowledge that the purpose for which you are acquiring our Services relates to land development in the context of a business, and that both you and Devsmarts are acting “In Trade” for the purposes of the Consumer Guarantees Act 1993. Accordingly, you agree that the warranties under the Consumer Guarantees Act 1993 are excluded pursuant to clause 43 of that Act.

You must not impose an unreasonable load on our website infrastructure, use any unlawful method to access or use our website, spam or otherwise disrupt the operation of our website or servers, or attempt to divert or interfere with HTTP requests to our website.

These terms are governed by and construed in accordance with the laws of New Zealand. The courts of New Zealand shall have exclusive jurisdiction in respect of any dispute arising from or in connection with these terms.

This website may contain links to third-party websites. Devsmarts is not responsible for the content or terms of use of any third-party website. The inclusion of a link to a third-party website does not imply any endorsement of or association with the operator of that website.