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TERMS AND CONDITIONS

AsetraX (Assets Property Hub)

Operated by Kim Troy Gida Babion (Sole Trader)

NZBN: 9429053358769

Suite 16015, Level 1, 6 Johnsonville Road, Johnsonville, Wellington 6037, New Zealand

Email: aphadmin@assetspropertyhub.com

Phone: +64 27 338 4107

Last updated: May 2026

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the AsetraX platform at https://assetspropertyhub.com (“Platform”), operated by Kim Troy Gida Babion trading as AsetraX (Assets Property Hub) (“AsetraX”, “we”, “us”, “our”).

AsetraX is a cross-border property marketplace that connects property buyers, investors, and tenants (“Users”) with licensed real estate agents, agencies, and developers (“Listers”) across New Zealand, Australia, and the Asia-Pacific region.

By registering an account, purchasing a Membership, submitting a listing, or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

Where you are using the Platform on behalf of a business, agency, or organisation, you represent that you have authority to bind that entity to these Terms.

These Terms should be read alongside:

our Privacy Statement (https://assetspropertyhub.com/asetrax-privacy-policy/)
our Cookie Policy (https://assetspropertyhub.com/asetrax-cookie-policy/)
our Disclaimer (https://assetspropertyhub.com/asetrax-disclaimer/)
our Refund Policy (https://assetspropertyhub.com/asetrax-refund-policy/)
our Acceptable Use Policy (https://assetspropertyhub.com/asetrax-acceptable-use-policy/)

In the event of any conflict between these Terms and any of the above policies, these Terms will prevail unless the policy expressly states otherwise.

2. Eligibility and Binding Agreement

By accessing or using the Platform, you confirm that:

you are at least 18 years of age
you have the legal capacity to enter into a binding agreement
you are not prohibited from using the Platform under any applicable law
all information you provide to us is accurate, complete, and current

The mere use of the Platform constitutes acceptance of these Terms. Where we require explicit agreement (for example, at the point of registration or payment), your click or submission constitutes a legally binding acceptance.

3. Electronic Communications

By using the Platform or communicating with us electronically, you agree that we may communicate with you by email, on-Platform notification, or other electronic means. All agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by the Contract and Commercial Law Act 2017 (NZ) and applicable Australian electronic transactions legislation.

4. Account Registration

4.1 Creating an Account

You may register for an account on the Platform by selecting one of the following account types: User, Agent, Agency, or Developer. You must provide accurate and complete information during registration.

Private landlords and property owners who wish to list residential or rental properties on the Platform must register under the Agent account type. By registering as an Agent, private landlords and owners confirm they understand and accept the obligations set out in Sections 7 and 7A of these Terms as they apply to their specific circumstances.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must not share your login credentials with any other person. You must notify us immediately at aphadmin@assetspropertyhub.com if you become aware of any unauthorised access to your account.

4.3 Social Login

Where you register or log in using a third-party social account (Google or Facebook), you authorise us to receive basic profile information from that provider in accordance with its own terms and privacy policy. You remain responsible for your account activity regardless of the login method used.

4.4 Account Termination

Following termination of your account, whether by you or by us, you must not register a new account without our prior written consent.

5. User Types and Platform Access

The Platform supports four account types, each with different access levels and obligations:

Account Type	Description
User	General visitors and registered users who browse listings and submit enquiries
Agent	Licensed real estate salespersons, property managers, and private landlords/owners who purchase a Membership to publish individual property listings
Agency	Licensed real estate agencies and property management firms who purchase a Membership to publish listings and maintain an agency profile
Developer	Property developers and project marketers who purchase a Membership to showcase projects and development opportunities

Agents, Agencies, and Developers are collectively referred to as “Listers” throughout these Terms.

6. Membership and Payments

6.1 Membership Requirement

To publish listings on the Platform, Listers must purchase an active Membership. Membership tiers, features, and pricing are set out on the Membership page at https://assetspropertyhub.com/asetrax-membership/. AsetraX reserves the right to modify Membership tiers, features, and pricing at any time with reasonable notice to existing Members.

6.2 Payment Processing

All Membership payments are processed through WooCommerce. Payment methods accepted are:

Card payments via Stripe, Inc.
Alternative payments via PayPal Holdings, Inc.

By making a payment, you agree to be bound by the terms of the relevant payment processor. AsetraX does not store full card numbers. Payment data is handled directly by Stripe and PayPal under their respective terms and privacy policies.

6.3 Pricing and Currency

All prices displayed on the Platform are in New Zealand Dollars (NZD) unless otherwise specified. Where currency conversion tools are provided on the Platform, these are for indicative purposes only. AsetraX accepts no responsibility for exchange rate fluctuations or conversion inaccuracies.

6.4 Auto-Renewal

Memberships renew automatically at the end of each billing period (monthly or annual, as selected at the time of purchase) unless cancelled before the renewal date. You are responsible for managing your renewal settings. AsetraX will send a renewal reminder to your registered email address before each renewal date.

6.5 Membership Suspension

AsetraX reserves the right to suspend or downgrade a Membership where payment is not successfully processed. Listings associated with a suspended Membership will be removed from public view until the Membership is reinstated.

6.6 Refunds

All Membership fees are subject to our Refund Policy (https://assetspropertyhub.com/asetrax-refund-policy/). Membership fees are generally non-refundable except in the circumstances set out in the Refund Policy or as required by the Consumer Guarantees Act 1993 (NZ) or the Australian Consumer Law.

7. Lister Obligations

7.1 Licensing Compliance

Licensed Listers (Agents and Agencies): All Listers who conduct licensable real estate activity must hold all licences, registrations, and professional authorisations required in the jurisdiction(s) in which they operate, including a current licence under the Real Estate Agents Act 2008 (NZ) (“REAA 2008”) or equivalent Australian state or territory legislation. By registering as a licensed Lister, you represent and warrant that you hold all required licences and that they remain current throughout your Membership.

Developers and Project Marketers: Developers and project marketers must comply with all applicable laws governing the sale and promotion of property developments in the relevant jurisdiction, including any requirements under the REAA 2008 where applicable.

Private Landlords and Owners: Private landlords and owners who list properties directly (registered under the Agent account type) are not required to hold a real estate licence where no licensable activity is being conducted. However, they must comply with all applicable residential tenancy, property management, and advertising laws, including the Residential Tenancies Act 1986 (NZ) and applicable Australian tenancy legislation.

7.2 Listing Accuracy

All listing content submitted to the Platform must be:

accurate, current, and a fair representation of the property at the time of publication
compliant with applicable real estate advertising standards in the relevant jurisdiction
free from false, misleading, or deceptive statements in accordance with the Fair Trading Act 1986 (NZ) and the Australian Consumer Law

Licensed Listers must hold a valid agency agreement or authority to list on behalf of a property owner before publishing any listing. Private landlords and owners may only list properties they own or for which they hold a lawful right to manage or let.

7.3 Foreign Buyer Eligibility

Where you designate a listing as “Foreign Buyer Eligible,” you are solely responsible for the accuracy of that designation and must have a reasonable basis for making it under the Overseas Investment Act 2005 (NZ) or applicable Australian foreign investment legislation. AsetraX does not verify this designation and accepts no liability for any regulatory breach, financial loss, or legal consequence arising from an incorrect designation.

7.4 Listing Content Standards

Listers must not:

publish duplicate listings for the same property across multiple listing entries
alter listing images in a manner that misrepresents the property’s condition, size, or features
include personal contact details in listing body text for the purpose of bypassing the Platform’s enquiry system
direct Users to competing platforms within listing content
make claims about investment returns, rental yields, or capital growth without a reasonable and disclosed basis

7.5 Enquiry Handling

Personal information received from Users via the Platform’s enquiry system must be used solely for the purpose of responding to that enquiry. Listers must not add enquiring Users to marketing lists, CRM databases, or third-party mailing lists without the User’s explicit consent.

7.6 Lister Responsibility

AsetraX is not a party to any transaction between a Lister and a User. Listers are solely responsible for:

the accuracy of their listing content
compliance with all applicable laws in connection with their listings and transactions
the conduct of negotiations and transactions with Users
obtaining all required consents and authorities before listing a property

7A. REAA 2008 Compliance and Licensing Disclaimer

7A.1 AsetraX Is Not a Real Estate Agency

AsetraX operates solely as a digital advertising and marketplace platform. AsetraX is not a licensed real estate agency under the Real Estate Agents Act 2008 (NZ) and does not carry out “real estate agency work” as defined under that Act. AsetraX does not act as an agent, broker, intermediary, or representative for any buyer, seller, landlord, or tenant in connection with any property transaction.

7A.2 No Licence Verification

AsetraX does not verify, check, or confirm the licensing status of any Lister. AsetraX does not confirm whether any Agent or Agency holds a current and valid licence under the REAA 2008 or any equivalent Australian legislation. It is the sole responsibility of each Lister to ensure they hold and maintain all licences and authorisations required to lawfully conduct real estate activity in the relevant jurisdiction.

Users are strongly encouraged to independently verify the licence status of any Agent or Agency before engaging their services. In New Zealand, licence status can be verified via the Real Estate Authority (REA) public register at https://www.rea.govt.nz.

7A.3 Member Responsibility for REAA 2008 Compliance

Each Agent and Agency Lister acknowledges and agrees that:

they are solely responsible for their own compliance with the REAA 2008, its associated regulations, and the REA’s Code of Conduct
their use of the Platform does not reduce, modify, or discharge any obligation they hold under the REAA 2008
any breach of the REAA 2008 arising from their activities on the Platform is their sole responsibility
AsetraX is not liable for any complaint, disciplinary action, fine, penalty, or loss arising from a Lister’s failure to comply with the REAA 2008

7A.4 Profile Labelling

Each Lister profile on the Platform displays a member type label (“Agent”, “Agency”, “Developer”, or equivalent) as provided by the Lister at the time of registration. These labels are self-reported and are not independently verified by AsetraX. Users should not rely on these labels as confirmation of licensing, accreditation, or professional standing.

7B. Overseas Investment Act and Foreign Buyer Compliance

7B.1 Lister Responsibility for OIO Compliance

The Overseas Investment Act 2005 (NZ) (“OIA”) and the Overseas Investment Regulations 2005 impose requirements on overseas persons seeking to acquire certain types of New Zealand property. Where a Lister lists a property that may be subject to OIA restrictions, or designates a property as “Foreign Buyer Eligible,” the Lister is solely responsible for:

ensuring that any such designation is accurate and has a reasonable legal basis
advising prospective buyers of any applicable OIA consent requirements before any agreement is entered into
ensuring that any transaction facilitated through connections made on the Platform complies with the OIA and all other applicable New Zealand and Australian foreign investment laws

7B.2 Buyer Responsibility

Users who are overseas persons (as defined under the OIA) are solely responsible for:

determining whether any property they wish to acquire is subject to OIA consent requirements
obtaining all necessary overseas investment consents before entering into any agreement to acquire property
obtaining independent legal advice regarding their eligibility to purchase property in New Zealand or Australia

7B.3 No AsetraX Liability for OIA Matters

AsetraX does not provide legal, investment, financial, or immigration advice. Nothing on the Platform constitutes advice regarding a buyer’s eligibility to acquire property under the OIA or any Australian foreign investment framework. AsetraX accepts no liability for any loss, penalty, or legal consequence arising from a Lister’s or User’s failure to comply with applicable overseas investment laws.

7C. Buyer-Facing Transparency and Lister Identification

7C.1 Lister Identification

To assist APAC buyers and other Users in understanding who they are dealing with, each Lister profile on the Platform must accurately reflect the Lister’s capacity. Listers must not misrepresent their professional status, licensing, or relationship to the property being listed.

7C.2 Platform Disclaimer to Buyers

AsetraX displays a general disclaimer to Users that:

Listers on the Platform are independent members and are not employees, agents, or representatives of AsetraX
AsetraX does not verify the licensing, credentials, or professional standing of any Lister
Users should conduct independent due diligence before engaging any Lister or entering into any property transaction
the Platform is a marketing and discovery tool only and does not constitute a recommendation or endorsement of any Lister or listing

7C.3 No Agency Relationship

No agency, partnership, joint venture, employment, or fiduciary relationship is created between AsetraX and any Lister or User by reason of these Terms or use of the Platform.

8. Marketplace Conduct, Users

Users of the Platform agree to:

use the enquiry system only for genuine property enquiries
not submit false, misleading, or harassing enquiries to Listers
not use contact details obtained through the Platform for unsolicited marketing or any purpose unrelated to the property enquiry

AsetraX is not responsible for the conduct of Listers or the accuracy of listing content. Users are strongly encouraged to conduct independent due diligence before entering into any property transaction. Please refer to our Disclaimer (https://assetspropertyhub.com/asetrax-disclaimer/) for important information about the limitations of content on the Platform.

9. Acceptable Use

Your use of the Platform is subject to our Acceptable Use Policy (https://assetspropertyhub.com/asetrax-acceptable-use-policy/), which forms part of these Terms.

You must not use the Platform to:

engage in any unlawful activity
publish false, misleading, or deceptive content
collect or harvest personal information about other users without consent
upload malware, viruses, or malicious code
attempt to gain unauthorised access to any system, account, or database
use automated tools to scrape or extract data from the Platform without prior written consent
circumvent any security or access control mechanism

10. Affiliate Referral Program

10.1 Program Overview

AsetraX operates an affiliate referral program (“Program”) tracked via AffiliateWP. Participants (“Affiliate Partners”) earn commissions on successful Membership purchases made by new users referred through their unique referral link.

10.2 Program Rules

By participating in the Program, Affiliate Partners agree to:

promote AsetraX honestly and in compliance with all applicable advertising and disclosure laws, including the Fair Trading Act 1986 (NZ) and the Australian Consumer Law
disclose their affiliate relationship where required by law
not engage in spam, unsolicited messaging, or any form of mass marketing to promote their referral link
not use paid advertising that includes AsetraX brand terms or trade marks without prior written consent
not self-refer or create fictitious accounts to generate commissions
not direct prospective buyers to specific listings, properties, agents, agencies, or developers on the Platform, or act as an intermediary in any property transaction in connection with their affiliate activity

10.3 Commission Eligibility

Commissions are only payable on genuine, verified Membership purchases by new users who have not previously registered on the Platform. No commission is payable on:

refunded transactions
duplicate or fraudulent purchases
self-referrals
purchases made by existing registered users

10.4 Payout

Commissions are subject to a holding period of 14–30 days from the date of the qualifying purchase before becoming eligible for payout. Payout terms are set out in the Affiliate Program details available on the Platform.

10.5 Termination

AsetraX reserves the right to terminate an Affiliate Partner’s participation in the Program at any time for breach of these Terms or the Acceptable Use Policy. Pending commissions may be forfeited upon termination for cause.

11. Intellectual Property

11.1 AsetraX Intellectual Property

AsetraX or its licensors own all intellectual property rights in the Platform, including its design, software, trade marks, logos, content, and data. Nothing in these Terms grants you a licence to use any AsetraX intellectual property except as expressly permitted.

11.2 User and Lister Content

By submitting content to the Platform, including listing descriptions, images, profile information, and any other material, you grant AsetraX a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute that content for the purposes of operating and promoting the Platform. You retain ownership of your content and are responsible for ensuring you hold all necessary rights to submit it.

11.3 Restrictions

You must not reproduce, copy, distribute, scrape, or commercially exploit any content from the Platform without our prior written permission except as permitted by applicable law.

12. Third-Party Websites and Services

The Platform may contain links to third-party websites, tools, and services. These are provided for convenience only. AsetraX does not monitor, endorse, or accept responsibility for the content, accuracy, privacy practices, or terms of any third-party website or service. You access third-party websites at your own risk.

13. Privacy and Cookies

Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Statement (https://assetspropertyhub.com/asetrax-privacy-policy/). Our use of cookies and tracking technologies is explained in our Cookie Policy (https://assetspropertyhub.com/asetrax-cookie-policy/).

By using the Platform, you agree that any personal information you provide will be accurate, current, and complete, and that we may handle it in accordance with our Privacy Statement.

14. Newsletter and Marketing Communications

Where you subscribe to our newsletter or opt in to marketing communications, you consent to receiving email communications from AsetraX via Hostinger Reach. You may unsubscribe at any time by clicking the unsubscribe link in any marketing email or by contacting us at aphadmin@assetspropertyhub.com.

We will not send you unsolicited marketing communications. All email marketing is conducted in compliance with the Unsolicited Electronic Messages Act 2007 (NZ) and the Spam Act 2003 (Cth) (AU).

15. Warranties and Liability

15.1 No Warranties

The Platform and all content on the Platform are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, AsetraX expressly disclaims all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement.

We do not warrant that:

the Platform will meet your requirements
the Platform will be available on an uninterrupted, timely, secure, or error-free basis
any listing content is accurate, current, or complete

15.2 Consumer Guarantees, NZ Users

Nothing in these Terms limits or excludes any rights you may have under the Consumer Guarantees Act 1993 (NZ) that cannot be excluded by contract. Where AsetraX provides services to you as a consumer, those services come with guarantees that cannot be excluded under the Consumer Guarantees Act. If a service fails to meet a consumer guarantee, you may be entitled to a remedy in accordance with the Act.

Where services are acquired for the purposes of a trade or business, the Consumer Guarantees Act 1993 does not apply and the warranties in Section 15.1 apply in full.

15.3 Australian Consumer Law, AU Users

Nothing in these Terms limits or excludes any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded by contract. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

15.4 Limitation of Liability

To the maximum extent permitted by applicable law, AsetraX’s total aggregate liability to you for all claims arising out of or in connection with these Terms, the Platform, or any products or services provided through the Platform, regardless of the form of action, is limited to the total Membership fees paid by you to AsetraX in the 12 months immediately preceding the event giving rise to the claim.

AsetraX is not liable for any indirect, consequential, incidental, special, or punitive damages, including loss of profits, loss of data, loss of goodwill, or loss of business opportunity, even if advised of the possibility of such damages.

16. Indemnification

You agree to indemnify, defend, and hold harmless AsetraX, its operators, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

your use of the Platform
your breach of these Terms
your violation of any applicable law or regulation
any content you submit to the Platform that infringes the rights of a third party

17. Content Posted by You

AsetraX may provide open communication tools on the Platform including enquiry forms, agent profiles, blog comments, and listing descriptions. We reserve the right, but are not obligated, to review, monitor, and remove any content submitted by users at our sole discretion. By submitting content, you confirm that it complies with these Terms and our Acceptable Use Policy and does not infringe any person’s rights.

18. Idea Submissions

Do not submit any ideas, inventions, or works of authorship that you consider your intellectual property unless we have first signed a non-disclosure or intellectual property agreement. In the absence of such an agreement, any unsolicited submission grants AsetraX a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate, and distribute that content in any existing or future medium.

19. Termination and Suspension

19.1 Termination by You

You may close your account at any time by contacting us at aphadmin@assetspropertyhub.com. Termination of your account does not entitle you to a refund of any Membership fees except as set out in our Refund Policy.

19.2 Termination by Us

AsetraX may, at its sole discretion, suspend or permanently terminate your access to the Platform at any time, with or without notice, including where:

you breach these Terms or our Acceptable Use Policy
we are required to do so by law
we discontinue the Platform or any part of it

19.3 Effect of Termination

Upon termination, your right to access the Platform ceases immediately. All active listings associated with your account will be removed from public view. Provisions of these Terms that by their nature survive termination, including intellectual property, indemnification, limitation of liability, and governing law, will continue to apply.

20. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms where that failure or delay arises from any cause beyond its reasonable control, including acts of God, natural disasters, pandemic, government action, infrastructure failure, cyberattack, or internet outage. This clause does not apply to obligations to make payment.

21. Waiver

Failure by AsetraX to enforce any provision of these Terms at any time does not constitute a waiver of that provision or of the right to enforce it subsequently.

22. Assignment

You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms without our prior written consent. AsetraX may assign its rights and obligations under these Terms to a successor entity in connection with a merger, acquisition, or sale of assets, with notice to you.

23. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity or enforceability of the remaining provisions.

24. Language

These Terms and all communications between you and AsetraX will be conducted exclusively in English.

25. Entire Agreement

These Terms, together with the following documents, constitute the entire agreement between you and AsetraX in relation to your use of the Platform:

Privacy Statement (https://assetspropertyhub.com/asetrax-privacy-policy/)
Cookie Policy (https://assetspropertyhub.com/asetrax-cookie-policy/)
Disclaimer (https://assetspropertyhub.com/asetrax-disclaimer/)
Refund Policy (https://assetspropertyhub.com/asetrax-refund-policy/)
Acceptable Use Policy (https://assetspropertyhub.com/asetrax-acceptable-use-policy/)

These documents supersede all prior agreements, representations, or understandings between you and AsetraX in relation to the Platform.

26. Updates to These Terms

We may update these Terms from time to time. The date at the top of this document reflects the most recent revision. We will give you written notice of material changes by email to your registered address and by posting a notice on the Platform. Your continued use of the Platform after the effective date of any update constitutes acceptance of the revised Terms. To request a prior version of these Terms, please contact us at aphadmin@assetspropertyhub.com.

27. Dispute Resolution

27.1 Contact Us First

If you have a dispute with AsetraX, please contact us in the first instance at aphadmin@assetspropertyhub.com. We will acknowledge your complaint within 5 working days and aim to resolve it within 20 working days.

27.2 Mediation

If the dispute cannot be resolved through direct negotiation, either party may refer the dispute to mediation administered by a mutually agreed mediator or, failing agreement, a mediator appointed by the Resolution Institute (New Zealand). The costs of mediation will be shared equally unless otherwise agreed.

27.3 Litigation

If the dispute is not resolved through mediation within 30 days of mediation commencing (or such other period as agreed), either party may refer the matter to the courts of New Zealand.

28. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New Zealand. Subject to Section 27, you submit to the non-exclusive jurisdiction of the courts of New Zealand for the resolution of any dispute arising under or in connection with these Terms.

Nothing in this section affects the statutory rights of consumers in Australia under the Australian Consumer Law, which apply regardless of this governing law clause.

29. Contact Information

This Platform is owned and operated by: