Terms and Conditions

1. Your Relationship with FAB Property Management

1.1 Your use of FAB Property Management products, software, services and web sites (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and FAB Property Management. "FAB Property Management" means K.B. Group Ltd., whose Registered Office is at 144 Wade River Road, Wade Heads, Whangaparaoa 0932, New Zealand. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with FAB Property Management, your agreement with FAB Property Management will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Terms". The Terms, form a legally binding agreement between you and FAB Property Management in relation to your use of the Services. It is important that you take the time to read them carefully.

2. Accepting the Terms

2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by actually using the Services. In this case, you understand and agree that FAB Property Management will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if
(a) you are not of legal age to form a binding contract with FAB Property Management, or
(b) you are a person barred from receiving the Services under the laws of New Zealand or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Terms for your records.

3. Provision of the Services by FAB Property Management

3.1 FAB Property Management is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which FAB Property Management provides may change from time to time without prior notice to you.

3.2 As part of this continuing innovation, you acknowledge and agree that FAB Property Management may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at FAB Property Management's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform FAB Property Management when you stop using the Services.

3.3 You acknowledge and agree that if FAB Property Management disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

3.4 You acknowledge and agree that while FAB Property Management may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by FAB Property Management at any time, at FAB Property Management' discretion.

4. Use of the Services by you

4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to FAB Property Management will always be accurate, correct and up to date.

4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the New Zealand or other relevant countries).

4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by FAB Property Management, unless you have been specifically allowed to do so in a separate agreement with FAB Property Management.

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.5 Unless you have been specifically permitted to do so in a separate agreement with FAB Property Management, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

4.6 You agree that you are solely responsible for (and that FAB Property Management has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which FAB Property Management may suffer) of any such breach.

5. Your Passwords and Account Security

5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

5.2 Accordingly, you agree that you will be solely responsible to FAB Property Management for all activities that occur under your account.

5.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify FAB Property Management immediately.

6. Privacy and your Personal Information

6.1 In order to provide our full range of services, we may collect different types of information from you. We offer a service that provides a facility for you to provide personal information to us. When you sign up for a FAB Property Management account that requires registration, we ask you for personal information (such as your name, email address and an account password). If we use this information in a manner different from the purpose for which it was collected, then we will ask for your consent prior to such use.

6.2 When you access FAB Property Management services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

6.3 When you send emails or other communications to FAB Property Management, we may retain those communications in order to process your enquiries, respond to your requests and improve our services.

6.4 FAB Property Management does not share your personal information with other companies or individuals outside FAB Property Management unless you have specifically agreed to allow the same either when you created your account or any subsequent time.

6.5 If FAB Property Management becomes involved in a merger, acquisition or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

6.6 You agree to the use of your data in accordance with these Terms.

7. Information Security and Data Integrity

7.1 We take appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorised access to systems where we store personal data.

7.2 We restrict access to personal information to FAB Property Management employees, contractors and agents who need to know that information in order to operate, develop or improve our Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

7.3 FAB Property Management processes personal information only for the purposes for which it was collected and in accordance with these Terms. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under these Terms. We take reasonable steps to ensure that the personal information that we process is accurate, complete and current, but we depend on our users to update or correct their personal information whenever necessary.

8. Accessing and Updating Personal Information

8.1 When you use FAB Property Management services, we make good-faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate, or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information that they request be accessed, corrected or removed before processing such requests and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardise the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes) or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so requires a disproportionate effort.

9. Content in the Services

9.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".

9.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to FAB Property Management (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by FAB Property Management or by the owners of that Content, in a separate agreement.

9.3 FAB Property Management reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

9.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

9.5 You agree that you are solely responsible for (and that FAB Property Management has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which FAB Property Management may suffer) by doing so.

9.6. You warrant that all Content is your original work and is not owned by any other person or entity; do not violate any law or regulation; and do not infringe the rights of any person or entity, including, but not limited to, any copyright or trademark rights and/or rights of privacy or publicity. Neither FAB Property Management nor its officers, partners, directors, employees, agents, successors, or assigns shall be liable for any costs, damage, injury, or any other claims incurred as a result of you uploading Content that violates these Terms.

9.7. You may not contribute Content that is obscene or pornographic or any material that could give rise to any civil or criminal liability under applicable law or regulations.

9.8. You may not upload Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services.

10. Proprietary Rights and Licences

10.1 You acknowledge and agree that FAB Property Management own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by FAB Property Management and that you shall not disclose such information without FAB Property Management' prior written consent.

10.2 Unless you have agreed otherwise in writing with FAB Property Management, nothing in the Terms gives you a right to use any of FAB Property Management trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

10.3 By submitting, posting, displaying or uploading any Content to FAB Property Management, you grant to FAB Property Management, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence and right to copy, adapt, modify, translate, publish, display, distribute, sublicense or otherwise use any Content which you submit, post or display on or through, the Services, in all languages and all media, whether now known or hereinafter devised, including without limitation on the Internet, on mobile platforms and/or devices, in printed materials, and in the advertising, publicity and promotion thereof.

10.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

10.5 Unless you have been expressly authorised to do so in writing by FAB Property Management, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

10.6 FAB Property Management gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by FAB Property Management as part of the Services as provided to you by FAB Property Management (referred to as the "Software" below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by FAB Property Management, in the manner permitted by the Terms.

10.7 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is required by law, or unless you have been specifically told that you may do so by FAB Property Management, in writing.

10.8 Unless FAB Property Management has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10.9 You understand that FAB Property Management, in performing the required technical steps to provide the Services to our users, may
(a) transmit or distribute your Content over various public networks and in various media; and
(b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit FAB Property Management to take these actions.

10.10 You confirm and warrant to FAB Property Management that you have all the rights, power and authority necessary to grant the above licence.

11. Software Updates

11.1 The Software which you use may automatically download and install updates from time to time from FAB Property Management. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit FAB Property Management to deliver these to you) as part of your use of the Services.

12. Ending your Relationship with FAB Property Management

12.1 The Terms will continue to apply until terminated by either you or FAB Property Management as set out below.

12.2 If you want to terminate your legal agreement with FAB Property Management, you may do so by
(a) notifying FAB Property Management at any time and
(b) closing your accounts for all of the Services which you use, where FAB Property Management has made this option available to you. Your notice should be sent, in writing, to FAB Property Management' address which is set out at the beginning of these Terms.

12.3 FAB Property Management may at any time, terminate its legal agreement with you if:
(a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(b) FAB Property Management is required to do so by law (eg, where the provision of the Services to you is, or becomes, unlawful); or
(c) the partner with whom FAB Property Management offered the Services to you has terminated its relationship with FAB Property Management or ceased to offer the Services to you; or
(d) FAB Property Management is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(e) the provision of the Services to you by FAB Property Management is, in FAB Property Management' opinion, no longer commercially viable.

12.4 Nothing in this Section shall affect FAB Property Management' rights regarding provision of Services under Section 3 of the Terms.

12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and FAB Property Management have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Exclusion of Warranties

13.1 The Services are provided "as is" and FAB Property Management, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.

13.2 In particular, FAB Property Management, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:
(a) your use of the Services will meet your requirements,
(b) your use of the Services will be uninterrupted, timely, secure or free from error,
(c) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
(d) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.

13.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

13.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

14. Limitation of Liability

14.1 Nothing in these Terms shall exclude or limit FAB Property Management' liability for losses which may not be lawfully excluded or limited by applicable law.

14.2 Subject to overall provision in paragraph 14.1 above, FAB Property Management, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:
(a) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
(b) any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; (ii) any changes which FAB Property Management may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services; (iii) your failure to provide FAB Property Management with accurate account information; (iv) your failure to keep your password or account details secure and confidential; (v) failure of goods or services or tickets ordered by you to be delivered on time or to the agreed destination;

14.3 You acknowledge and agree that FAB Property Management is acting solely as an agent on behalf of the event promoter or the distributor of the goods and services being requested or purchased. You acknowledge and agree that it is the sole responsibility of the event promoter or the distributor of the goods and services to fulfil the event, product or service requested by you and no liability of any kind whatsoever shall be attached to FAB Property Management in connection with or arising from such an arrangement. FAB Property Management does not warrant that the event promoter or the distributor of the goods and services will fulfil the event, product or service requested and we will accept no liability for show cancellations, postponement or any other failure, on the part of the event promoter or the distributor of the goods and services, to deliver the requested service or items to you.

14.4 The limitations on FAB Property Management's liability to you in paragraph 14.2 above shall apply whether or not FAB Property Management has been advised of or should have been aware of the possibility of any such losses arising.

15. Copyright and Trade Mark policies

15.1 It is FAB Property Management' policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.

16. Advertisements

16.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

16.2 The manner, mode and extent of advertising by FAB Property Management on the Services are subject to change without specific notice to you.

16.3 In consideration for FAB Property Management granting you access to and use of the Services, you agree that FAB Property Management may place such advertising on the Services.

17. Other Content

17.1 The Services may include hyperlinks to other web sites or content or resources. FAB Property Management may have no control over any web sites or resources which are provided by companies or persons other than FAB Property Management.

17.2 You acknowledge and agree that FAB Property Management is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

17.3 You acknowledge and agree that FAB Property Management is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

18. Changes to the Terms

18.1 FAB Property Management may make changes to the Terms from time to time. When these changes are made, FAB Property Management will make a new copy of the Terms available at https://www.fabpropertygroup.net/terms.asp.

18.2 You understand and agree that if you use the Services after the date on which the Terms have changed, FAB Property Management will treat your use as acceptance of the updated Terms.

19. General Legal Terms

19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

19.2 The Terms constitute the whole legal agreement between you and FAB Property Management and govern your use of the Services (but excluding any services which FAB Property Management may provide to you under a separate written agreement), and completely replace any prior agreements between you and FAB Property Management in relation to the Services.

19.3 You agree that FAB Property Management may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

19.4 You agree that if FAB Property Management does not exercise or enforce any legal right or remedy which is contained in the Terms (or which FAB Property Management has the benefit of under any applicable law), this will not be taken to be a formal waiver of FAB Property Management' rights and that those rights or remedies will still be available to FAB Property Management.

19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

19.6 You acknowledge and agree that each member of the group of companies of which FAB Property Management is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

19.7 The Terms, and your relationship with FAB Property Management under the Terms, shall be governed by New Zealand law. You and FAB Property Management agree to submit to the exclusive jurisdiction of the courts of New Zealand to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that FAB Property Management shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Last Updated: 24 August 2026