STATUTORY LEGAL DISCLAIMER & LIABILITY LIMITATION STATEMENT
OPERATED BY: ASETRAX LIMITED
TRADING AS: ASETRAX (Assets Property Hub)™ (Trade Mark No. 1319049)
COMPANY NUMBER: 9450631
NZBN: 9429053876591
GST NUMBER: 149-421-033
REGISTERED ADDRESS: Suite 16015, Level 1, 6 Johnsonville Road, Johnsonville, Wellington 6037, New Zealand
AUSTRALIAN BUSINESS NUMBER (ABN): [Pending – To be inserted upon issue by ATO]
AUSTRALIAN TAX FILE NUMBER (TFN): [Pending – To be inserted upon issue by ATO]
LAST REVISED: 04 September 2026
1. NATURE OF PLATFORM & INTERMEDIARY STATUS
1.1 Advertising Platform Designation
This Statutory Legal Disclaimer & Liability Limitation Statement (“Disclaimer”) applies to all users, visitors, buyers, investors, tenants, real estate salespersons, commercial developers, and private listers (collectively, “Users”) accessing or utilizing the digital marketplace located at https://assetspropertyhub.com (“Platform”), operated by ASETRAX LIMITED (“AsetraX”, “we”, “us”, or “our”).
AsetraX operates strictly as a digital advertising directory, hosting platform, and marketplace intermediary connecting users with independent property listers. ASETRAX LIMITED does not act as a real estate agency, conveyancer, property manager, valuer, or financial intermediary.
1.2 Absence of Commercial Endorsement
The display, publication, or hosting of any property listing, project showcase, corporate profile, or promotional media on the Platform does not constitute an endorsement, recommendation, representation, or guarantee by AsetraX regarding the quality, value, legality, title, structural safety, or suitability of the subject real estate or listing entity.
2. ABSENCE OF REAL ESTATE AGENCY LICENSING & REAA 2008 DISCLAIMER
2.1 Statutory Non-Agency Status
ASETRAX LIMITED is not a licensed real estate agency under the Real Estate Agents Act 2008 (NZ) (“REAA 2008”) or equivalent State and Territory real estate licensing legislation across Australia. AsetraX does not perform “real estate agency work” as defined under section 4 of the REAA 2008. AsetraX does not negotiate real estate transactions, execute contracts of sale or tenancy, collect or hold trust monies, or represent buyers, vendors, landlords, or tenants in any capacity.
2.2 Non-Verification of Professional Licensing
AsetraX does not verify, audit, confirm, or monitor the regulatory licensing status, registration standing, professional indemnity insurance, or disciplinary history of any lister publishing content on the Platform. Classification badges displayed on account profiles (including “Agent”, “Agency”, or “Developer”) are self-reported by members upon account creation.
2.3 User Verification Mandate
Users are strictly advised to independently confirm the professional licensing status of any lister prior to issuing deposits or executing contracts:
- New Zealand: Verify salesperson and agency licences on the Real Estate Authority (REA) public register at https://www.rea.govt.nz.
- Australia: Verify state-based licensing through relevant State/Territory fair trading registers (e.g., NSW Fair Trading, Consumer Affairs Victoria, QLD Office of Fair Trading).
3. DISCLAIMER OF LISTING ACCURACY & MANDATORY DUE DILIGENCE
3.1 Third-Party Submissions
All property specifications, visual assets, architectural floor plans, boundary lines, pricing metrics, school zone allocations, development approvals, and council zoning claims published on the Platform are provided entirely by third-party listers. AsetraX conducts no independent verification, structural auditing, or title searches regarding listed content.
3.2 Complete Exclusions
AsetraX expressly disclaims all legal liability for errors, omissions, outdated figures, misstatements, or fraudulent representations contained within third-party listings. Users must not rely on listing details as statements of fact or legal representations.
3.3 Purchaser Independent Due Diligence Requirement
Users must perform complete, independent legal and physical due diligence prior to entering into a binding contract of sale or lease. Users are strictly advised to obtain formal independent reports, including:
- (a) Legal title searches, encumbrance checks, and conveyancing advice from a qualified solicitor or legal practitioner;
- (b) Certified building inspection reports and structural engineering assessments;
- (c) Geotechnical, land contamination, flooding, and natural disaster risk assessments;
- (d) Council LIM (Land Information Memorandum) reports and zoning compliance verifications; and
- (e) Registered property valuations from certified property valuers.
4. FINANCIAL, INVESTMENT & TAXATION DISCLAIMER
4.1 Exclusion of Regulated Advice
Nothing contained on the Platform, within promotional communications, or hosted in property investment disclosures constitutes financial advice, investment guidance, tax advice, or mortgage broking under the Financial Markets Conduct Act 2013 (NZ), the Corporations Act 2001 (Cth) (AU), or related financial service regulations.
4.2 Unverified Yield & Return Claims
Rental yields, capital growth estimates, tax deduction estimates, and financial projections published within listings or marketing materials are unverified estimates provided solely by listers. Past performance or conceptual yields are not indicative of future financial results.
Users must independently consult an independent, qualified financial adviser, chartered accountant, or tax consultant before making any real estate acquisition or capital allocation.
5. OVERSEAS INVESTMENT & FOREIGN BUYER COMPLIANCE (OIA & FIRB)
5.1 Absence of Regulatory Verification
Where a property listing displays a “Foreign Buyer Eligible” tag or “FIRB Approved” flag, AsetraX has not verified the legal accuracy of this designation. Foreign investment regulations governing residential and commercial land acquisition are strictly enforced by statutory authorities.
5.2 Purchaser Compliance Duty
Users who meet the definition of an “overseas person” under the Overseas Investment Act 2005 (NZ) (“OIA”) or non-residents subject to Australian Foreign Investment Review Board (“FIRB”) rules bear absolute personal responsibility for verifying their legal capacity to purchase property.
Users must obtain specialist legal advice from a qualified immigration or property lawyer and secure all mandatory statutory consents (OIA or FIRB) prior to signing unconditional sale contracts. Non-compliance with foreign ownership statutes may trigger severe statutory penalties, forced asset divestment, and criminal liability.
6. TECHNICAL PLATFORM AVAILABILITY & DATA SECURITY
- 6.1 “As Is” and “As Available” Provision: The Platform, its operational infrastructure, search functionality, and communications tools are provided strictly on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, statutory, or implied.
- 6.2 System Outages & Technical Failures: AsetraX accepts no liability for platform downtime, system maintenance interruptions, network transmission failures, data corruption, message delivery delays, or lost commercial opportunities resulting from technical disruptions.
- 6.3 Cybersecurity Limits: While standard technical safeguards are maintained, AsetraX does not warrant that the Platform, servers, or transmitted direct messages are entirely secure from unlawful third-party interception, unauthorized access, malware, or cyber breaches. Users share information through the Platform at their own risk.
7. THIRD-PARTY HYPERLINKS & EXTERNAL SERVICES
The Platform contains outbound hyperlinks to external websites, mortgage calculators, property analytics tools, and third-party portals. These links are provided solely for operational convenience. ASETRAX LIMITED exercises no control over external content, terms of service, or data privacy practices, and disclaims all liability for losses or damages arising from interactions with hyperlinked third-party sites.
8. TRANSACTION EXCLUSION & COMMUNICATIONS
8.1 Non-Party Status
ASETRAX LIMITED is not a party to any contract, negotiation, tenancy agreement, deposit receipt, or dispute between prospective buyers/tenants and listers. All commercial agreements are executed solely between the respective counter-parties.
8.2 Non-Confidentiality of Platform Messaging
Enquiries, forms, and direct communications submitted through the Platform are hosted on intermediate servers and are non-confidential. AsetraX reserves the right to review automated system messages to enforce platform security and verify compliance with our Acceptable Use Policy.
9. STATUTORY CONSUMER GUARANTEES AND LIMITATION OF LIABILITY
9.1 Consumer Protections
Where a user accesses the Platform as a “consumer” under the Consumer Guarantees Act 1993 (NZ) (“CGA”) or Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law or “ACL”), nothing in this Disclaimer purports to exclude, restrict, or modify statutory consumer guarantees or non-excludable remedies that cannot lawfully be excluded by contract.
9.2 Commercial Contracting Out
Where a user acquires access to the Platform or publishes listings for the purposes of a commercial business, trade, or real estate enterprise, the provisions of the CGA do not apply pursuant to section 43 of that Act, and sections 9, 12A, and 13 of the Fair Trading Act 1986 (NZ) are excluded pursuant to section 5C of that Act.
9.3 Financial Liability Cap
To the maximum extent permitted by applicable law, the total aggregate liability of ASETRAX LIMITED arising out of or in connection with the Platform, listings, or this Disclaimer—whether in contract, tort (including negligence), equity, or statute—shall be strictly limited to the total Membership fees paid by you to AsetraX in the twelve (12) month period preceding the event giving rise to liability.
9.4 Consequential Loss Exclusion
In no event shall ASETRAX LIMITED be liable for indirect, incidental, special, exemplary, or consequential damages, including loss of profits, lost transaction opportunities, loss of business revenue, or loss of data.
10. SEVERABILITY & AMENDMENTS
- 10.1 Severability: If any provision of this Disclaimer is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full legal force and effect.
- 10.2 Amendments: AsetraX reserves the right to revise this Disclaimer at any time without prior individual notice. Updated versions take immediate effect upon publication on the Platform.
11. GOVERNING LAW & JURISDICTION
This Disclaimer is governed by and construed strictly in accordance with the laws of New Zealand. All legal claims or disputes arising in connection with the Platform are subject to the non-exclusive jurisdiction of the courts of New Zealand.
12. CORPORATE LEGAL CONTACT
For formal legal inquiries, statutory notices, or compliance matters, contact:
ASETRAX LIMITED
Attention: Compliance & Legal Department
Suite 16015, Level 1, 6 Johnsonville Road
Johnsonville, Wellington 6037, New Zealand
Email: aphadmin@assetspropertyhub.com
Phone: +64 27 338 4107
Website: https://assetspropertyhub.com
