Terms & Conditions

LICENSING: Each of our Agents, Agencies and Salespeople is NZREAA licensed.  If you wish to check this please visit www.reaa.govt.nz and select ‘Public Register’ or call 0800 367 7322,

Promark Realty LTD trading as Borders Real Estate, Licensed office – Shop 1, 4 Hillary Square Florence Avenue Orewa.

GST, MINIMUM FEES & CONDITIONS:. These may apply to the Borders Boutique marketing plan if so this will be explained to you in full during your appraisal and marketing meeting, Savings shown are based on the top selling fee of NZs 5 largest real estate companies.

SELL with Borders and your Guaranteed Free Flights & 7 nights’ accommodation in the Gold Coast: for two people plus you receive a FREE $1,000 marketing package as per the conditions within clause 16.
7) *This property must be sold by Borders on Borders standard selling fee, Borders standard selling fee is 2.5% to $700,000 then 2% on balance, minimum fee $13,000 (all plus GST) during this sole agency or extended sole agency, *Holidays are booked following settlement date *Travel dates will be for selected periods within 12 months of settlement date *No cash exchanges *Borders and licensees have no liability during travel, Insurance is the travelers responsibility. Borders Licensees excluded. Some Borders license areas and agencies may be excluded from this promotion,this promotion may not be offered by all independent area license owners. Not offered with any other promotion.

Free $1,000 marketing package conditions:when sold by Borders during this Sole Agency or extended Sole Agency
Conditions apply, these will be clearly explained to you at our appraisal and marketing meeting with you.

Most residential property transactions are GST exclusive.  GST is charged on real estate agent fees and other charges made by agents.  Figures noted in this document should be assumed to be exclusive of GST unless it is specifically noted as being included.

ADVICE TO BUYERS AND SELLERS: Buyers and sellers are required by law to be provided with a copy of specific documents (one for sellers, one for buyers) produced by the Real Estate Agents Authority before signing documents.  Our agents will provide these documents but if you would like to read them in advance please visit Code of Conduct and Consumer Guides (Link to REAA site) www reaa.govt.nz and select ‘publications and forms’. As an intending seller or purchaser you should avail yourself of a reasonable opportunity to seek legal, technical and other advice or information.

CODE OF CONDUCT:  The Real Estate Agents Authority also has a Code of Conduct that all agents are required to be familiar with and abide by.

This code is available to the general public and can be accessed by visiting www reaa.govt.nz and select ‘publications and forms’. 

Privacy Policy

  • Please read this legal information carefully This web site and the contents of this website are owned and operated by Promark Realty Ltd t/as Borders Real Estate. The use of this Web Site is governed by the following terms and conditions, as amended from time to time (the ‘Terms and Conditions’). These Terms and Conditions apply in favor of, and are enforceable by, Promark Realty Limited.
  • The material on the Web Site is presented as general information only. It is not intended as legal, financial or real estate advice and must not be relied on as such. You should make your own inquiries and obtain independent professional advice tailored to your specific circumstances before making any legal, financial or real estate decisions.
  • By using this Web Site you acknowledge that you have read and understood these Terms and Conditions, including any updated terms and conditions and agree to be bound by them. If you do not agree with these Terms and Conditions you should cease use and not use this Web Site.
  • Intellectual property and restrictions on use of content
    The copyright in the Web Site is owned by Promark Realty Ltd o/as Borders Real Estate. The Web Site includes registered and unregistered trademarks that are owned by Promark Realty Limited t/as Borders Real Estate.

 The specific legal obligations of Promark Realty Ltd when collecting and handling your personal information are outlined in the Privacy Act.

We respect the privacy of your personal information and treat it in accordance with this statement. If you have any concerns or would like to access your personal information that we hold, please contact:
Carl Barakat 09 447 1877 email enquiry@borders.net.nz

Overview

We collect, hold, use and disclose personal information to carry out business functions or activities. These functions and activities include:

  • promoting and marketing to Promark network & members
  • providing information to vendors, purchasers and the public on areas of real estate
  • marketing of properties listed with Promark Realty members
  • establishing training programs, conferences etc for Promark Realty members; and undertaking activities in support of our functions and activities including human resources, corporate administration, property management and public relations activities.

Collection of your personal information

When we refer to personal information we mean information from which your identity is reasonably apparent. This information may include information or an opinion about you. The personal information we hold about you may also include credit information. At all times we try to only collect the information we need for the particular function or activity we are carrying out.

Each time you contact us, you may provide us with personal information about yourself or others that we need to use to provide you with our services. The main way we collect personal information about you is when you give it to us, for example when you:

  • complete forms, applications or surveys;
  • contact us to ask for information;
  • participate in forums on our website; or
  • otherwise specifically provide us with your personal information.

If you provide personal information to us to receive information about products or services offered through this website, to purchase such products and services, to receive newsletters or become involved in promotions or other initiatives commenced by us. This personal information may include details such as your name, age, gender, contact information, products and services you are interested in or require more information about. If you purchase or request products and services from us we may also request your preferences for receiving further marketing or promotional material.

We require some of this information to provide services to you, as indicated by mandatory fields on some forms. For non-mandatory fields, the choice of how much information you provide to us is yours. We seek this information to process your request for information and provide that information to you, to improve the quality of our products and services and to assist you to determine which products and services best meet your needs.

We will only use or disclose your personal information for the primary purpose of our business or purposes related to our business activities. The primary purpose of our business includes, but is not limited to:

  • providing further information about our services
  • marketing real estate goods or services;
  • marketing to Promark Realtys members and networks

Collecting through our websites

The website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customize the website for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

  • Third party vendors, including Google, show our ads on sites on the internet
  • Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to our website
  • Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page.

 Information may also be collect and stored about your visit to this website, including:

  • the date and time you accessed the website;
  • the internet address of the website from which you linked directly to the website; and
  • the name of the domain from which you accessed the internet;
  • the pages you accessed while visiting the website                                                                                                       This information does not in itself identify individuals and is used to measure the number of visitors to the website and how it was navigated. This information assists us to make the website more useful to you.

We also collect information from subscribers (persons registering their details with us through the website) or website visitors for the purpose of improving our quality and effectiveness and to provide you with information. We welcome feedback from you about all aspects of this website. We store feedback that users send to us. This feedback is used to administer and refine our service. We may also use the information to improve or promote this site. We will not publish your name in connection with any information you provide without your permission.

Social Networking Services

We may use social networking services such as Twitter, Facebook, Instagram and YouTube to communicate with the public. When you communicate with us using these services we may collect your personal information, but we only use it to help us to communicate with you and the public. The social networking service will also handle your personal information for its own purposes. These sites have their own privacy policies.

Notification of collection of personal information

If we collect personal information from someone or some entity other than you in order to provide a property related service, such as acquiring information from a tenancy database, we will make you aware that we have done so and explain why. We will also explain if there are any consequences for you if such information is not collected. Organisations that we are likely to collect personal information from or provide information to are:

  • Veda; and
  • NTD (National Tenancy Database).

How we use your personal information

We use the information you provide to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping
  • We may use the information to improve our products and services
  • We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail
  • We may use the information to customise the website and/or app according to your interests.

We may use your personal information to deliver services you have requested (for example, responding to an inquiry for information concerning a property).

We may also use your personal information to send you periodic mailings containing information on new services and upcoming events that may interest you. If at any stage you decide that you do not wish to receive such material, please let us know by following the Opt-Out procedure below and we will ensure that your name is removed from our contact list.

Business without identifying you

In some circumstances it will be necessary for Promark Realty Ltd or its members to identify you in order to successfully do business with you, however, where it is lawful and practicable to do so, we will offer you the opportunity of doing business with us without providing us with personal information, for example, if you make general inquiries about real estate, the market, or ask a question via our National Website.

Direct marketing

From time to time we may use your personal information to provide you with current information about real estate, offers you may find of interest, changes to our organisation, or new products or services being offered by us or any company with whom we are associated.

If you do not wish to receive marketing information, you may at any time decline to receive such information by telephoning us on 09 447 1877 or by emailing us at enquiry@borders.net.nz.

If the direct marketing is by email you may also use the unsubscribe function. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.

Disclosure

We will only disclose your personal information to carry out business activities and functions as identified above.

Promark Realty Members

In order to deliver our services to you, we disclose your personal information to the relevant independently owned and operated Promark Realty Ltd o/as Borders Real Estate member who is best positioned to assist with your particular request. In doing so, we authorise these members to use your personal information in the ways described above. These members will handle your personal information in accordance with the Privacy Statements accessible through their websites.

Other than as stated in this Statement, we do not rent, sell or otherwise disclose your personal information to non-member companies or organisations without your prior consent.

Overseas Recipients

Information that you post in any social media public forum used by Promark Realty Ltd or its members (such as but not limited to Facebook, Twitter or Instagram) may be exposed to overseas recipients.

Prior to disclosing any of your personal information to another person or organisation, we will take all reasonable steps to satisfy ourselves that:

(1) the person or organisation has a commitment to protecting your personal information at least equal to our commitment, or
(2) you have consented to us making the disclosure.

We may use cloud storage to store the personal information we hold about you. The cloud storage and the IT servers may be located outside New Zealand.

We may disclose your personal information to overseas entities that provide support functions to us. You may obtain more information about these entities by contacting us.

Opt-Out procedure

In each direct marketing or promotional communication with you, we will advise you how to notify us if you do not wish to receive any further communications from us. If our correspondence is in the form of an e-mail, we will attach simple instructions on how you can unsubscribe from our mailing list. In any event you can opt-out from receiving marketing or promotional material from us by emailing us at enquiry@borders.net.nz or by contacting us by mail or telephone and asking to be removed from our mailing list.

You should note that by opting out of our mailing list, you will not automatically be removed from the mailing lists of other Promark Realty Ltd members or business partners to whom we have forwarded your personal information because we do not have control over those mailing lists.

If you no longer wish to receive material from the relevant Promark Realty member or business partner to whom we have forwarded your personal information, please follow their own Opt-Out procedure as described on their website or in their marketing material.

Access to your personal information

You can find out what personal information we have about you, and amend or update your personal information, by e-mailing us at enquiry@borders.net.nz or by telephoning us (contact details are provided at the beginning of this Statement).

We may charge a fee for our actual costs of retrieving and supplying the information to you, including staff costs in locating and retrieving the personal information, staff costs in reproducing and send the personal information, costs of postage etc.

Depending on the type of request that you make we may respond to your request immediately, otherwise we usually respond to you within five days of receiving your request. We may need to contact other entities to properly investigate your request.

There may be situations where we are not required to provide you with access to your personal information, for example, if the information relates to existing or anticipated legal proceedings, or if your request is vexatious.

An explanation will be provided to you if we deny you access to the personal information we hold about you.

If any of the personal information we hold about you is incorrect, inaccurate or out of date you may request that we correct the information. If appropriate we will correct the personal information. At the time of the request, otherwise, we will provide an initial response to you within seven days of receiving your request. Where reasonable, and after our investigation, we will provide you with details about whether we have corrected the personal information within 30 days.

We may need to consult with other entities as part of our investigation.

Complaints

All licensed real estate agents are required to have a complaints procedure.  The Borders group has a policy that requests complaints be in writing and that any written complaint must be referred immediately to a company director by either the complainant, the agent or the agent’s supervisor.  However, any complainant is encouraged to refer their complaint to their agent, a senior person or a company director as soon as possible, whether it be written or verbal.  You are welcome to contact the Managing Director (Carl Barakat, AREINZ on carl@borders.net.nz ) about any matter of concern to you.  Complainants, however, are not required to follow that procedure and can make a complaint (or an enquiry about a complaint) direct to the Real Estate Agents Authority (www reaa.govt.nz or call 0800 367 7322).

Should you wish to make a complaint about management of your information, please email enquiry@borders.net.nz or phone 09 447 1877 we will make a record of your complaint, verify the information received, and take steps to correct any deviation..

We will acknowledge your complaint within five days. We will provide you with a decision on your complaint within 25 days.

If you are dissatisfied with the response of our complaints officer you may make a complaint to the Real Estate Agent Authority.

Sensitive information

We will only collect sensitive information about you with your consent. Sensitive information is personal information that includes information relating to your racial or ethnic origin, political persuasion, memberships in trade or professional associations or trade unions, sexual preferences, criminal record, or health.

Unsolicited information

If we receive unsolicited private information from you, we will as soon as practicable, but only if lawful, destroy the information or assure it is de-identified.

Security

We use all reasonable efforts to keep your personal information secure, accurate and up-to-date. Your personal information is stored behind firewalls and personal information is accessible only by password access.
You can assist us to keep your personal information secure by ensuring that any username or password provided to you is kept confidential.

Disclaimer of responsibility for third party sites

Our website contains links to other web sites including the websites of Promark Realty Ltd members. We are not responsible for the content on those other websites or their privacy practices.

Disclaimer

All care has been taken in the preparation of this website, no responsibility is accepted for the information included on this website or given on all areas including but not limited to Schools or school zonings, bus time tables etc. Promark Realty Ltd makes no representation, warranty or undertaking concerning the accuracy, completeness or up to date nature of the information provided. Interested persons should make their own enquiries and satisfy themselves in all respects about any information that is of importance to them.

Promark Realty operating as Borders Real Estate Limited accepts no liability whether direct or indirect for any loss or damage a person suffers because that person had directly or indirectly relied on any information provided on this website.

We may change this statement

We reserve the right to amend or update this Statement so long as no change or amendment has a retrospective detrimental effect to your privacy rights.