General Terms of Use
Version 1.1 · Effective 30 July 2026
These General Terms of Use ("Terms") govern your access to and use of the Yelsa Platform and form a legally binding agreement between you and Yelsa Limited.
Please read these Terms carefully before using the Platform.
1. Definitions
In these Terms:
Account means a registered user account created on the Platform.
Agent means a licensed real estate agent or agency using the Platform.
Buyer means a person or entity registered with Yelsa for the purpose of purchasing property.
Buyer Introduction means the point, occurring only upon Property Activation, at which the Seller (or the Seller's authorised representative) and the matching Buyers are each able to identify and engage with one another in relation to the activated Property. A Buyer Match, on its own, is not a Buyer Introduction.
Buyer Match means an internal Platform event in which the Platform identifies a Buyer as potentially matching a registered Property. A Buyer Match does not, of itself, disclose the identity or contact details of any Buyer to the Seller, disclose the Property to the Buyer, or constitute a Buyer Introduction.
Commercial Terms means Yelsa's published fees, charges and payment obligations as amended from time to time.
Conveyancer includes a solicitor or licensed conveyancer acting in relation to a property transaction.
DIY Seller means a Seller choosing to sell property without appointing a licensed real estate agent.
Lawyer means a legal practitioner acting for a Buyer or Seller.
Platform means all websites, mobile applications, software, APIs, databases, communications systems and services operated by Yelsa.
Professional means an Agent, Lawyer, Mortgage Broker, Conveyancer or any other approved professional using the Platform.
Property means any land, dwelling, unit, lifestyle property, commercial property or other real estate registered on the Platform.
Property Activation means the event by which a Seller activates a registered Property, causing the Platform to release the identities and contact details of the matching Buyers to the Seller (or the Seller's authorised representative) and, at the same time, to release the Property's details to those matching Buyers. Property Activation is the event that creates a Buyer Introduction.
Seller means the legal owner of a Property or a person authorised by the legal owner.
Success Fee means the fee payable where a Buyer who received a Buyer Introduction through an activated Property subsequently purchases that Property, as described in clause 16.
Terms means these General Terms of Use together with any documents expressly incorporated by reference.
User means every person accessing or using the Platform.
Yelsa means Yelsa Limited, its successors and assigns.
2. Acceptance of these Terms
By creating an Account, registering a Property, registering as a Buyer, accessing any part of the Platform or using any Yelsa service, you acknowledge that you have read, understood and agree to be bound by these Terms.
If you are acting on behalf of a company, trust, partnership or other legal entity, you warrant that you have authority to bind that entity.
If you do not agree with these Terms, you must immediately cease using the Platform.
3. About Yelsa
Yelsa is a technology marketplace.
Yelsa develops and operates software that assists Buyers, Sellers and property professionals to connect through intelligent property matching and related marketplace services.
Unless expressly stated otherwise, Yelsa is not acting as:
- (a) your real estate agent;
- (b) your lawyer;
- (c) your conveyancer;
- (d) your financial adviser;
- (e) your mortgage broker;
- (f) your valuer;
- (g) your building inspector;
- (h) your fiduciary.
Yelsa does not buy or sell property.
Yelsa does not negotiate contracts for sale and purchase.
Yelsa does not guarantee that any transaction will occur.
Any agreement entered into between Users is solely between those Users.
Central to the way Yelsa operates is the distinction between a match and an introduction:
- the Platform identifies Buyer Matches internally, as a system event, without disclosing the parties to one another;
- the parties are introduced only when a Property is activated, at which point the matching Buyers' identities and contact details are released to the Seller (or the Seller's authorised representative) and the Property is released to those matching Buyers; and
- a Success Fee can arise only following such a Buyer Introduction through an activated Property.
This distinction underpins these Terms and applies wherever a match, activation, introduction or Success Fee is referred to.
4. Eligibility
You may only use the Platform if:
- (a) you are at least eighteen years of age;
- (b) you have legal capacity to enter binding contracts;
- (c) you provide accurate information;
- (d) you comply with these Terms;
- (e) your use of the Platform is lawful.
Yelsa may refuse registration or terminate an Account at its absolute discretion where it believes these requirements have not been met.
5. Creating an Account
You must provide accurate, complete and current information when creating an Account.
You agree to promptly update your information whenever it changes.
You are responsible for maintaining the confidentiality of your login credentials.
You are responsible for all activity undertaken using your Account unless the activity results directly from Yelsa's negligence or security failure.
You must notify Yelsa immediately if you become aware of any unauthorised use of your Account.
6. Identity Verification
To maintain the integrity of the Platform, Yelsa may require verification of your identity at any time.
Verification may include requesting:
- (a) photographic identification;
- (b) proof of address;
- (c) proof of ownership of a Property;
- (d) evidence of authority to act for another person;
- (e) company records;
- (f) trust documentation;
- (g) professional licences;
- (h) any other information reasonably required.
Failure to provide requested verification may result in suspension or termination of your Account.
Providing false verification information constitutes a material breach of these Terms.
7. Your Responsibilities
You agree to:
- provide truthful information;
- act honestly and in good faith;
- comply with all applicable laws;
- respect the privacy of other Users;
- maintain the confidentiality of information received through the Platform;
- only upload material you have authority to upload;
- promptly correct inaccurate information.
You must not:
- create false Accounts;
- impersonate another person;
- misrepresent your authority;
- use another person's identity;
- attempt to circumvent Platform security;
- copy Platform data without permission;
- harvest User information;
- introduce malware;
- interfere with Platform functionality;
- attempt unauthorised access;
- use automated scraping tools;
- use the Platform for unlawful purposes;
- engage in misleading or deceptive conduct.
8. Property Registration
A Seller registering a Property warrants that:
- they are the legal owner or authorised representative of the legal owner;
- all information supplied is accurate to the best of their knowledge;
- they have authority to upload photographs, plans and documents;
- the uploaded material does not infringe third-party rights;
- the Property information will be updated where material changes occur.
Yelsa may remove inaccurate or misleading Property information without notice.
9. Buyer Registration
A Buyer registering on the Platform warrants that:
- their buying intentions are genuine;
- their profile accurately reflects their purchasing requirements;
- they will promptly update any material changes;
- they will not intentionally mislead Sellers or Professionals.
Yelsa reserves the right to suspend inactive or misleading Buyer profiles.
10. Platform Availability
Yelsa will use reasonable endeavours to maintain Platform availability.
However, uninterrupted access cannot be guaranteed.
The Platform may be unavailable due to:
- maintenance;
- security updates;
- system failures;
- third-party outages;
- internet disruptions;
- events beyond Yelsa's reasonable control.
Yelsa shall not be liable for losses arising from temporary interruptions except where required by law.
11. Buyer Matching
Yelsa uses proprietary technology to identify potential matches between Buyers and registered Properties.
Buyer Matches are generated using information provided by Users together with matching criteria determined by the Platform.
The existence of a Buyer Match does not constitute:
- (a) an offer to purchase;
- (b) an agreement to negotiate;
- (c) a representation that finance has been approved;
- (d) a guarantee that a transaction will occur;
- (e) a recommendation that a User should proceed with a transaction;
- (f) a Buyer Introduction; or
- (g) the disclosure of any Buyer's or Seller's identity or contact details.
A Buyer Match is an internal Platform event only. It is not, of itself, an introduction of the parties.
Until a Property has been activated:
- the Seller may see that matching Buyers exist, but not their identities or contact details;
- the identities and contact details of matching Buyers remain hidden;
- matching Buyers cannot see the Property;
- Buyers cannot contact the Seller;
- the Seller cannot contact the Buyers; and
- no Buyer Introduction has occurred.
A Buyer Introduction occurs only upon Property Activation, as described in clause 12.
Users remain responsible for undertaking their own enquiries before entering into any negotiations or contractual arrangements.
Yelsa may modify its matching methodology at any time to improve the quality and relevance of Buyer Matches.
12. Property Activation
Property Activation is the event that releases information between a Seller and the Buyers who match their Property. It is the point at which Yelsa introduces the parties.
Buyer Matches are generated internally by the Platform whether or not a Property has been activated. Before Activation, a Seller may see that matching Buyers exist, but the identities and contact details of those Buyers remain hidden, and the Property is not disclosed to those Buyers.
Upon Property Activation:
- (a) the Seller (or the Seller's authorised representative, such as their appointed real estate agent or lawyer) is given access to the identities and contact details of the matching Buyers; and
- (b) at the same time, those matching Buyers are given access to the Property's details so that they can decide whether they wish to engage with the Property.
Only upon Property Activation has a Buyer Introduction occurred. A Buyer Match, on its own, is not a Buyer Introduction.
Activation may require payment of the applicable Property Activation Fee.
The Property Activation Fee is separate from, and is not, a Success Fee.
Unless otherwise stated, Activation Fees are non-refundable once a Property has been activated and the matching Buyers' details have been released.
Payment of an Activation Fee does not guarantee that a Buyer will engage with the Property or that a Property will be sold.
13. Selling Pathways
Yelsa supports multiple methods of selling property.
Depending on the options selected, a Seller may:
- (a) sell privately;
- (b) appoint a Lawyer or Conveyancer to manage the transaction;
- (c) appoint a licensed Real Estate Agent;
- (d) use any future selling pathway introduced by Yelsa.
Each selling pathway may have different commercial arrangements, obligations and available services.
Additional terms may apply to particular selling pathways.
Where additional terms apply, those terms form part of this Agreement.
14. Professionals
Approved Professionals may access the Platform subject to these Terms and any additional Professional Terms published by Yelsa.
Professionals remain solely responsible for:
- their professional advice;
- their regulatory obligations;
- their licensing requirements;
- their professional indemnity insurance;
- their conduct towards clients.
Yelsa does not supervise, direct or control the professional services provided by Professionals.
Nothing in these Terms creates a partnership, agency, employment or joint venture relationship between Yelsa and any Professional.
15. Fees
Certain services available through the Platform attract fees.
These may include:
- Property Activation Fees;
- Success Fees;
- Professional Referral Fees;
- subscription fees;
- advertising fees;
- verification fees;
- or other fees published by Yelsa from time to time.
Current fees are published within the Platform or incorporated by reference into these Terms.
Unless expressly stated otherwise:
- all fees are payable in New Zealand dollars;
- GST is payable where applicable;
- payment obligations survive termination of these Terms.
16. Success Fee
A Success Fee arises only following a qualifying Buyer Introduction made through an activated Property.
A Buyer Match, on its own, is not a Buyer Introduction and does not trigger any Success Fee.
For the purposes of these Terms, a Buyer is introduced through the Platform where, upon Property Activation, that Buyer was given access to the Property's details and the Seller (or the Seller's authorised representative) was given access to that Buyer's identity and contact details through the Platform.
Where a Buyer who received a Buyer Introduction through an activated Property purchases that Property, the applicable Success Fee becomes payable upon settlement of that transaction.
Once a qualifying Buyer Introduction has occurred, the Success Fee becomes payable regardless of whether negotiations subsequently occur directly between the parties or through a Professional.
The Success Fee remains payable unless Yelsa expressly agrees otherwise in writing.
17. Verification of Success Fees
The Success Fee provisions are triggered by an agreed contractual process. This clause exists only to allow Yelsa to confirm that the process has been followed. Specifically, that:
- the Property was activated through the Platform;
- the Seller, or the Seller's authorised representative (such as their real estate agent or lawyer), accepted these Terms when activating the Property;
- the applicable Property Activation Fee was paid, where applicable;
- Activation unlocked the matching system and released the matching Buyers' contact details to the Seller or their authorised representative;
- Activation also made the Property visible to those matching Buyers; and
- the completed sale involved one of those matching Buyers.
Where those facts are established, the Success Fee provisions apply in accordance with these Terms.
This clause gives Yelsa the contractual right to carry out reasonable due diligence where there is any uncertainty or dispute about whether those conditions have been met.
For that purpose, Users authorise Yelsa to make reasonable enquiries concerning a completed transaction, including by contacting:
- the Buyer;
- the Seller;
- the Seller's Agent;
- the Buyer's Agent;
- Lawyers;
- Conveyancers;
- Mortgage Brokers;
- or any other Professional involved in the transaction.
Users authorise those persons to confirm the matters set out above, and Yelsa may compare the information obtained with its internal Platform records.
These enquiries are undertaken solely to verify whether the Success Fee provisions have been triggered under the agreed contractual process. They do not create any separate or additional test for whether a Buyer was introduced.
Where Yelsa reasonably concludes that a Success Fee is payable, it may issue an invoice to the person responsible under the applicable commercial arrangement.
Users agree to reasonably cooperate with any verification process undertaken in accordance with this clause.
18. Settlement Authority
Where a Success Fee becomes payable by a Seller, the Seller irrevocably authorises Yelsa to deliver an invoice directly to the Lawyer or Conveyancer acting on the transaction.
The Seller authorises that Lawyer or Conveyancer to pay the invoiced amount from settlement funds where legally permitted.
Where payment from settlement funds is not available, the Seller remains personally liable for payment of the Success Fee.
Nothing in this clause limits any other legal remedy available to Yelsa.
19. Payment Terms
Invoices are payable on the date specified within the invoice unless otherwise agreed in writing.
Late payments may incur:
- interest at a reasonable commercial rate;
- reasonable recovery costs;
- legal costs incurred in collecting outstanding amounts;
- collection agency fees.
Yelsa may suspend access to Platform services while any amount remains outstanding.
Acceptance of late payment does not waive any contractual rights.
20. Refunds
Unless required by law or expressly stated otherwise, fees paid to Yelsa are non-refundable.
Where Yelsa agrees to provide a refund, the refund will be made using the original payment method wherever reasonably practicable.
Nothing in these Terms limits any rights available under the Consumer Guarantees Act 1993 where that legislation applies.
21. Communications
You consent to receiving communications electronically.
These communications may include:
- service notifications;
- verification requests;
- security notices;
- payment notices;
- legal notices;
- marketing communications where consent has been provided;
- system updates;
- policy updates.
Electronic communications satisfy any legal requirement that a notice be provided in writing unless applicable law requires otherwise.
22. Intellectual Property
All intellectual property rights in the Platform remain the property of Yelsa or its licensors.
This includes:
- software;
- algorithms;
- matching systems;
- databases;
- branding;
- logos;
- designs;
- text;
- graphics;
- reports;
- analytics;
- documentation;
- and all related materials.
Except as expressly permitted, Users must not reproduce, distribute, reverse engineer, modify or commercially exploit any part of the Platform without Yelsa's prior written consent.
By uploading content to the Platform, you grant Yelsa a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt and display that content solely for the purpose of operating, improving and promoting the Platform in accordance with your privacy settings.
23. User Content
You retain ownership of any information, photographs, documents, plans, descriptions or other material that you upload to the Platform ("User Content").
You warrant that:
- (a) you own the User Content or have the legal right to upload it;
- (b) the User Content does not infringe any copyright, trade mark, privacy right or other legal right of another person;
- (c) the User Content is accurate to the best of your knowledge;
- (d) the User Content is not misleading, defamatory, unlawful, offensive or fraudulent.
Yelsa may remove, edit or refuse to publish any User Content that it reasonably believes breaches these Terms, applicable law or the integrity of the Platform.
Removal of User Content does not affect any payment obligations or contractual obligations already arising under these Terms.
24. Privacy
Yelsa respects your privacy.
The collection, storage, use and disclosure of personal information is governed by the Yelsa Privacy Policy.
By using the Platform, you acknowledge that you have read the Privacy Policy and consent to the handling of your personal information in accordance with that policy.
Where there is any inconsistency between these Terms and the Privacy Policy regarding personal information, the Privacy Policy prevails.
25. Confidential Information
Users acknowledge that they may receive confidential information through the Platform.
Confidential information may include:
- Buyer identities;
- Seller identities;
- Property information;
- financial information;
- commercial arrangements;
- documents;
- reports;
- communications;
- and any information identified as confidential.
Users agree that confidential information will only be used for the purpose for which it was provided.
In particular, the identities and contact details of matching Buyers are confidential, are released to a Seller (or the Seller's authorised representative) only upon Property Activation, and may be used only in relation to the activated Property.
Users must not disclose confidential information to any third party except:
- (a) with the consent of the person to whom the information relates;
- (b) where disclosure is required by law;
- (c) where disclosure is reasonably necessary to complete a property transaction.
This obligation continues after a User ceases using the Platform.
26. Data Accuracy
Yelsa relies on information supplied by Users.
Yelsa does not independently verify every statement, document or representation made through the Platform.
Accordingly, Yelsa makes no representation or warranty regarding:
- the accuracy;
- completeness;
- currency;
- or reliability
- of information supplied by Users.
Users are responsible for undertaking their own investigations before relying on any information obtained through the Platform.
27. Third Party Services
The Platform may integrate with or link to third-party products and services including:
- mapping services;
- identity verification providers;
- payment providers;
- mortgage providers;
- government databases;
- electronic signing platforms;
- marketing services;
- or other technology providers.
Yelsa is not responsible for the operation, availability, accuracy or security of third-party services.
Use of third-party services is subject to the terms and conditions of those providers.
28. Platform Improvements
Yelsa continually develops and improves its services.
Accordingly, Yelsa may at any time:
- modify Platform features;
- introduce new services;
- remove existing services;
- update algorithms;
- change workflows;
- improve user interfaces;
- or alter functionality.
Yelsa will use reasonable endeavours to minimise disruption where practical.
Users acknowledge that continuous improvement forms part of the nature of the Platform.
29. Artificial Intelligence
Yelsa may use artificial intelligence, machine learning or automated decision-support systems to assist with services including:
- Buyer Matching;
- property recommendations;
- communications;
- content generation;
- fraud detection;
- identity verification;
- customer support;
- analytics;
- or other Platform functions.
AI-generated information is intended to assist Users.
It does not replace professional advice or independent decision-making.
Users remain responsible for verifying information before relying upon it.
Yelsa does not warrant that AI-generated outputs will always be complete, accurate or suitable for every circumstance.
30. Security
Yelsa uses reasonable technical and organisational measures to protect the Platform.
However, no online system can be guaranteed to be completely secure.
Users acknowledge the inherent risks associated with internet communications and electronic storage.
Users must take reasonable steps to protect their own devices, passwords and systems from unauthorised access.
31. Fraud Prevention
Yelsa may investigate suspected fraud, misuse or unlawful activity.
Without limiting any other rights, Yelsa may:
- request further verification;
- temporarily suspend an Account;
- permanently terminate an Account;
- remove User Content;
- notify affected Users;
- refer matters to regulatory authorities;
- refer matters to law enforcement agencies.
Users agree to cooperate with any reasonable investigation undertaken by Yelsa.
32. Suspension
Yelsa may suspend a User's access immediately where it reasonably believes:
- these Terms have been breached;
- fraud has occurred;
- false information has been supplied;
- Platform security is at risk;
- continued access may expose Yelsa or other Users to harm;
- suspension is required by law.
Suspension may occur without prior notice where immediate action is reasonably necessary.
33. Termination
A User may close their Account at any time.
Yelsa may terminate an Account immediately where:
- these Terms have been materially breached;
- fees remain unpaid;
- fraudulent activity has occurred;
- continued use presents an unacceptable legal, commercial or security risk.
Termination does not affect:
- payment obligations;
- confidentiality obligations;
- intellectual property rights;
- indemnities;
- limitations of liability;
- or any rights intended to survive termination.
34. Consumer Laws
Nothing in these Terms limits or excludes any rights or remedies that cannot lawfully be excluded under New Zealand law.
Where the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 applies, these Terms operate subject to those statutes.
Where Users acquire services for business purposes, the parties agree, to the extent permitted by law, that the Consumer Guarantees Act 1993 does not apply.
35. Limitation of Liability
To the maximum extent permitted by law, Yelsa's total liability arising out of or in connection with the Platform, whether in contract, tort (including negligence), equity, statute or otherwise, is limited to the greater of:
- (a) the total fees paid by the User to Yelsa during the twelve months immediately preceding the event giving rise to the claim; or
- (b) NZ$1,000.
Yelsa shall not be liable for any indirect, consequential, exemplary, incidental, punitive or special loss or damage including loss of profit, opportunity, goodwill, revenue, anticipated savings or business interruption, whether or not such loss was foreseeable.
Nothing in this clause limits liability that cannot lawfully be excluded under New Zealand law.
36. Indemnity
You agree to indemnify and keep indemnified Yelsa, its directors, officers, employees, contractors and agents against all claims, losses, liabilities, damages, costs and expenses (including reasonable legal costs on a solicitor-client basis) arising directly or indirectly from:
- (a) your breach of these Terms;
- (b) your unlawful use of the Platform;
- (c) information you provide that is false, misleading or inaccurate;
- (d) your infringement of any third-party rights;
- (e) your negligence, fraud or wilful misconduct;
- (f) any dispute between you and another User arising from your use of the Platform.
This indemnity is reduced to the extent that Yelsa has materially contributed to the loss through its own negligence or breach of these Terms.
37. Force Majeure
Yelsa will not be liable for any delay or failure to perform its obligations where that delay or failure results from circumstances beyond its reasonable control.
These circumstances include, without limitation:
- natural disasters;
- fire;
- flood;
- earthquake;
- pandemic;
- epidemic;
- war;
- terrorism;
- civil unrest;
- industrial action;
- government action;
- power failure;
- internet failure;
- telecommunications failure;
- cyber attack;
- failure of third-party suppliers;
- or any similar event beyond Yelsa's reasonable control.
Where such an event occurs, Yelsa's obligations are suspended for the duration of the event.
38. Changes to the Platform
Yelsa may introduce, modify, suspend or discontinue any feature, service or functionality at any time.
Where a change materially affects Users' rights or obligations, Yelsa will use reasonable endeavours to provide advance notice through the Platform or by electronic communication.
Continued use of the Platform after any change constitutes acceptance of that change unless the change requires fresh acceptance under applicable law.
39. Changes to these Terms
Yelsa may amend these Terms from time to time.
Where amendments materially affect Users' legal rights or obligations, Yelsa will publish the updated Terms on the Platform and provide reasonable notice.
Minor administrative, typographical, formatting or non-material updates may be made without specific notice.
The latest version published on the Platform replaces all previous versions.
40. Notices
Any notice given under these Terms may be delivered by:
- (a) email;
- (b) in-platform notification;
- (c) SMS where applicable;
- (d) publication on the Platform;
- (e) any other electronic communication method nominated by the User.
A notice is deemed received:
- if delivered by email, when it leaves the sender's mail server unless a delivery failure notice is received;
- if delivered through the Platform, when first displayed within the User's Account;
- if delivered by SMS, when transmitted by the telecommunications provider.
Users are responsible for ensuring their contact details remain current.
41. Assignment
You may not assign, transfer or otherwise deal with your rights or obligations under these Terms without Yelsa's prior written consent.
Yelsa may assign or transfer its rights and obligations to:
- a related company;
- a successor business;
- a purchaser of the Platform;
- or another entity as part of a merger, acquisition or corporate restructure.
These Terms continue to bind the parties and their respective successors and permitted assigns.
42. Relationship of the Parties
Nothing in these Terms creates:
- a partnership;
- a joint venture;
- an employment relationship;
- a fiduciary relationship;
- or an agency relationship
- between Yelsa and any User.
Each User acts independently and remains solely responsible for their own actions, obligations and decisions.
43. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be read down to the minimum extent necessary to make it enforceable.
If it cannot be read down, it will be severed.
The remaining provisions continue in full force and effect.
44. Waiver
A failure or delay by Yelsa to exercise any right under these Terms does not constitute a waiver of that right.
A waiver is effective only if it is in writing.
A single waiver does not prevent subsequent enforcement of the same or any other right.
45. Entire Agreement
These Terms, together with:
- the Privacy Policy;
- the applicable Commercial Terms;
- any additional service-specific terms accepted by the User;
- and any documents expressly incorporated by reference,
constitute the entire agreement between Yelsa and the User regarding use of the Platform.
They replace all prior discussions, negotiations, understandings and agreements relating to the same subject matter.
46. Dispute Resolution
The parties agree to make genuine efforts to resolve any dispute promptly and in good faith.
Before commencing legal proceedings, a party must provide written notice describing the dispute and the outcome sought.
The parties will endeavour to resolve the dispute through discussion within twenty-one days.
If the dispute remains unresolved, either party may refer the matter to mediation conducted by an independent mediator agreed between the parties.
Nothing in this clause prevents either party from seeking urgent interim relief from a court where necessary to protect legal rights.
47. Governing Law
These Terms are governed by the laws of New Zealand.
The courts of New Zealand have exclusive jurisdiction in relation to any dispute arising out of or in connection with these Terms or the Platform, unless Yelsa elects otherwise where enforcement is required in another jurisdiction.
48. Electronic Acceptance
The parties agree that these Terms may be accepted electronically.
Creating an Account, clicking an acceptance button, ticking a checkbox, electronically signing, or otherwise indicating acceptance through the Platform constitutes legally binding acceptance of these Terms.
The parties agree that electronic records maintained by Yelsa constitute evidence of acceptance unless proven otherwise.
49. Survival
The following clauses survive termination of these Terms:
- Payment Obligations;
- Success Fees;
- Settlement Authority;
- Verification Rights;
- Intellectual Property;
- Confidentiality;
- Privacy obligations where applicable;
- Indemnities;
- Limitation of Liability;
- Dispute Resolution;
- Governing Law;
- and any provision intended by its nature to survive termination.
50. Contacting Yelsa
Questions regarding these Terms may be directed to:
Yelsa Limited
Email: office@yelsa.co.nz
Website: www.yelsa.co.nz
Schedule 1 — Commercial Principles
The following principles form part of these Terms and guide the operation of the Platform.
- Yelsa is a technology marketplace connecting Buyers, Sellers and property professionals.
- Yelsa does not act as a real estate agency unless expressly stated otherwise.
- A Buyer Match is an internal Platform event. It is not an introduction and discloses nothing about the parties to one another.
- The parties are introduced only upon Property Activation, when the matching Buyers' identities and contact details are released to the Seller (or their authorised representative) and the Property is released to those matching Buyers. Users remain responsible for their own commercial decisions.
- Property Activation Fees provide access to Platform services and are separate from any Success Fee.
- Success Fees are payable only where a Buyer who received a Buyer Introduction through an activated Property purchases that Property.
- Professional Referral Fees are separate commercial arrangements applying only where relevant.
- Transparency, fairness and respect underpin every interaction on the Platform.
- Users are encouraged to seek independent legal, financial and tax advice before entering any property transaction.