WEBSITE TERMS FOR DEVSMARTS LIMITED
Devsmarts Limited (Devsmarts) provides content on this website strictly subject to the following terms and conditions (Terms) and in accordance with New Zealand law. These terms are the complete and only terms that apply as between Devsmarts and the user.
We will update or amend these Terms as required. These Terms were last updated on 19 November 2025. Once any updated Terms are in effect, you are be bound by them if you continue to use our Services. If you don't agree to any updated Terms, you must stop using our Services. We encourage you to view this page from time to time for the latest Terms. For an explanation of Devsmarts Limited’s practices and policies related to the collection, use, and storage of our users' information, please read our PRIVACY POLICY.
This Website is operated by Devsmarts in New Zealand for persons in New Zealand. The information on the Website will not be appropriate or available for use in other jurisdictions. Access to this Website from territories where the materials on this Website are illegal or restricted is prohibited. If you choose to access the Website from a jurisdiction other than New Zealand, you do so entirely on your own initiative and at your own risk, and you are responsible for compliance with any applicable laws of that jurisdiction.
These terms and conditions will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between us and you. If at any time we do not enforce any of these terms or conditions or grant you time, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition.
Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is deemed to be replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision and the remaining terms and conditions will be binding on the parties.
We reserve the right to prohibit links to the website, and you agree to remove or cease any link upon our request. You may not frame any part of the Website content by including advertising or other revenue generating material.
By accessing and using this site, you agree to these Terms and any updated terms in their entirety without amendment.
Services
We offer an online portal for fast and cost-effective assessment of the development potential of residential land. We offer these Services to users in New Zealand only.
Purchases
Purchases can be made via our website. All payments made for our Services are non-refundable, except where required by law. Once a payment has been received, you acknowledge that no refunds will be issued for any reason, including but not limited to cancellation, dissatisfaction, or changes in your circumstances. The expected timeframe for delivery of the Service is up to 10 working days.
Payment
Payments for Services are due immediately upon use of the “buy now” button on the website or in any other cases, immediately on provision of an invoice. All prices are stated on the website are in New Zealand dollars (NZD), excluding applicable taxes (e.g. GST) unless otherwise stated and are subject to change. You are liable for the processing fee added by the third-party payments’ processor in regards credit card payments in addition to the stated price of the service.
Payment by Credit Card
By providing your credit card details and making a payment through our website, you authorise us to debit your credit card for the amount due for the Services purchased. You confirm that you are authorized to use the credit card provided and that all payment details are accurate and complete.
We use a third-party payment processor to facilitate credit card transactions, and by proceeding with payment, you agree to the terms and conditions of those third-party providers. More particularly we use [payments solution provider] to facilitate payments and by accessing our website you agree to be bound by any and all terms and conditions [payments solution provider] may have in relation to your use of that facility.
You acknowledge that credit card transactions are subject to approval by your credit card issuer, and we are not responsible for any declined or failed transactions.
User Responsibilities
You agree to provide accurate and complete information, including further or more detailed information when requested. Furthermore: You acknowledge that your provision of accurate and complete information in a timely manner is essential to the successful provision of our Services to you. Inaccuracies, omissions and delays in provision of required or requested information is essential and any complaint you may have about our Services is invalidated by your non-adherence to this stipulation.
Devsmarts’ Affiliates and Partners
Devsmarts works with qualified professionals who are affiliates and partners to provide the Services. The details of these third-party persons’ and entities are available on the website and may change from time to time.
COPYRIGHTS & TRADEMARKS
All content and functionality on the site, including text, graphics, logos, icons, and images including the selection and arrangement thereof, are the exclusive property of Devsmarts Limited or its licensors, partners and affiliates and are protected by New Zealand and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the 'Trademarks') displayed on the site are the registered and unregistered Trademarks of Devsmarts Limited and its licensors, partners and affiliates.
You agree that you will not refer to or attribute any information to Devsmarts Limited or its licensors in any public medium (e.g., press release, web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Devsmarts or its licensors, partners or affiliates.
Use of Devsmarts Content
Devsmarts hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print a copy of the content and functionality displayed on the site on any single computer solely for your personal use, provided that you do not modify the site content in any way and that you retain all copyright and other proprietary notices displayed on the site content.
Apart from fair dealing as permitted under copyright law, and as necessary for the operation of the website, no part of this site nor the information contained in it may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, reprographic or otherwise, without the prior permission of Devsmarts.
User Provided Information
You acknowledge and agree that Devsmarts shall own and have the unrestricted rights to use, publish, and otherwise exploit any and all information that you provide while accessing our Services or otherwise or provided to the website by way of responses to questions, surveys and otherwise, and you hereby waive any claims against Devsmarts for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Devsmarts use and publication of such submissions.
You confirm that you own or have permission to use all of the information that you upload when using our Services you have the right to grant us the license allow us to use your information as described in this clause, and Devsmarts use of your information under that license will not infringe the rights of others.
Your information includes any photos, land title, rating or other data, information, descriptions and whatever other content you may provide. You give us a licence or right to use your information so we can provide, operate, protect, develop, improve, optimise and otherwise manage our Services and for other internal and business purposes.
Under this licence you grant a non-exclusive, perpetual, transferable, sublicensable, unrestricted, royalty-free, irrevocable and worldwide licence to us, to use, store, display, reproduce, modify, distribute, create derivative works, and save your information in any manner and on any media or platform, including those owned and operated by Devsmarts, affiliated third parties, partners and other third parties we may work with, to provide, operate, protect, develop, improve, optimise and otherwise manage our Services and for other internal and business purposes. This licence continues even when you stop using our Services or delete information.
Examples of how we may use your information.
DISCLAIMER
Reasonable measures have been taken to ensure the accuracy of the information, content and material (the material) available on this website. However, Devsmarts gives no warranty, express or implied, in relation to the material including its accuracy, reliability, completeness or suitability and accepts no liability in relation to any loss, damage or other costs relating to the use of any material, or any compilations, derivative works or modifications of the material, fully excludes all liability of any kind to any person or entity that chooses to rely on the material.
The contents of this website should not be construed as legal or professional advice. The information contained in this website is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations the information in this application is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, tax, or other professional advice and Services. As such, it should not be used as a substitute for direct consultation with a professional surveyor, quantity surveyor, legal, accounting or other professional advisers. Before making any decision or taking any action, you should consult an appropriate professional.
While we have made every attempt to ensure that the information contained in this site or provided through the Services provided via the website has been obtained from reliable sources and appropriately qualified and experienced professionals Devsmarts makes no representation as the efficacy and accuracy of any advice received by a user and is not responsible for any negligent statements, errors or omissions, or for the results obtained from the use of this information.
All such information and advice obtained from Devsmarts, its agents, employers, affiliates or partners is provided, "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Devsmarts, its agents, employers, affiliates or partners, its related partnerships or subsidiaries, or the partners, agents or employees thereof be liable to you or anyone else for any loss incurred, decision made or action taken in reliance on the information contained in this site or provided through the Services provided via the website or for any consequential, special or similar damages, even if advised of the possibility of such damages.
We make the Website and its information and content available to you as a service. Use of information and content contained on the Website or via interaction with the websites affiliates or partners is at your own risk. Devsmarts is not responsible for any adverse consequences arising out of such use.
The content provided on the Website has not been prepared by taking into account the particular objectives, situation or needs of any individual users.
EXCLUSION OF LIABILITY
To the fullest extent permitted by law, we exclude:
(a) all warranties and representations in relation to the Website (including in any content on the websites obtained from Devsmarts affiliates or partners) whether express, implied, statutory or otherwise and we will not be responsible for any errors or misstatements on the Website; and
(b) all liability in relation to the Website whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, loss of profits, loss of data, loss of savings and loss of opportunity).
(c) You agree, by your use of the website, that your purpose in obtaining of the Services relates to the development of the relevant land for a business purposes, to which end you are “In Trade” as is Devsmarts, and it is agreed between us to exclude the Warranties in the Consumer Guarantees Act 1993 (the Act), pursuant to clause 43 of the Act.
Prohibited Conduct
You must not do any of the following when you use the Website:
(a) take any action that in our opinion imposes an unreasonable load on the infrastructure of the Website, including but not limited to "spam" or other such unsolicited emailing techniques;
(b) use the Website for any purpose that is unlawful or prohibited by these terms and conditions; or
(c) access the Website servers (other than by connecting by HTTP requests using a web browser) or otherwise disrupt or interfere with the operation of the Website and its associated software, hardware and servers in any way (or attempt to do so).
These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and agree to you submit to the exclusive jurisdiction of the Courts of New Zealand.
Third-party Websites
We may provide links to third-party web sites, and some of the content appearing to be on this site is in fact supplied by third parties. Devsmarts has no responsibility for these third-party web sites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content provider. The contents of the Website may include links to third party materials. Devsmarts is not responsible for the contents of any linked sites or be liable for any direct or indirect loss or damage suffered by you from accessing, using, or relying on such third-party material. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators.
Copyright © 2025 DEVSMARTS - All Rights Reserved.
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