HomePlan Pay-Per-View (PPV) 3D Tours
Terms & Conditions
Last updated: 15 June 2020
“PPV User” is the person or party using the PPV Service.
“Provider” is HomePlan NZ Ltd, the provider of the PPV Service.
“Host” is owner, or agent of the owner of the 3D Virtual Tour being accessed via the PPV Service.
“PPV Service” is the HomePlan service to provide limited-time, Pay-Per-View access to the Host’s 3D Virtual Tours, via the Provider’s web site.
THE PPV SERVICE
The PPV User is purchasing this PPV Service to gain limited-time access to the associated Host’s 3D Virtual Tour, for a single session up to the noted duration, for a single person/user and from a single device. The PPV User may access the PPV Service for their own personal, non-commercial use subject to the restrictions set in these Terms and Conditions.
PPV USER PAYMENT
The PPV User authorizes the Provider to debit their nominated credit card account (via Stripe, and our checkout provider Quaderno) to recover the prescribed Entry Fee when they order the PPV Service via the “Purchase Ticket” button. The Entry Fee amount includes the direct transaction fees, currency conversion and Host payout fees incurred by the Provider from Stripe that are associated with the purchase transaction. The Provider is not otherwise responsible for any other bank, credit card, payment gateway, secondary currency conversion, data, internet usage or any other charge the PPV User or Host may incur from the transaction or relating to their collective use of the PPV Service.
Sales Tax may be added to the prescribed Entry Fee during the checkout process, if it is due based on the location of the PPV User and the Provider’s tax status in that location.
All sales are final. Any refunds are completely at the Provider’s discretion, and are typically only considered when the PPV Service was majorly disrupted by Matterport outages, technical difficulties and Acts of God.
The Provider and/or the Host own the intellectual property rights for all digital material presented via the PPV Service. All intellectual property rights are reserved.
The PPV User agrees not to republish, share, sell, rent, sub-license, reproduce, duplicate, download, screenshot, record or otherwise copy any material visible to them via the PPV Service, for any purpose whatsoever. The PPV User and all other web site visitors also agree not to attempt to circumvent, de-compile, reverse engineer, extract data from, inspect or disassemble the PPV Service for any reason, including to gain direct and/or free access to the Host’s 3D Virtual Tour and all associated digital material.
Please respect and help us maintain the rights of the Provider and the Host for this valued digital asset they have made available to PPV Users via the PPV Service.
LIMITATION OF LIABILITY & INDEMNITY
The Provider’s total liability to the PPV User for any losses suffered by them will be limited to the amount of the Entry Fee paid by them for the PPV service. The PPV User agrees to otherwise fully indemnify, defend and hold harmless the Provider, the Host and all involved in providing the PPV Service from all damages, injuries, liabilities, costs, fees and expenses arising from or in any way related to their use of the PPV Service.
The Host chooses the Entry Fee to be paid by the PPV User, the ticket duration once activated, the time the PPV User has to activate the ticket following purchase, and allowable ticket retries (should the PPV User experience a browser crash, internet failure, power failure etc).
The Host agrees to fairly describe and portray the Host’s 3D Virtual Tour made available via the PPV Service to potential PPV Users. This includes a summary of the intended 3D Virtual Tour experience and amount of time an average PPV User would spend fully exploring the 3D Virtual Tour. The Host must ensure their 3D Virtual Tour(s) remains active, in a stable and constant form that is usable and accessible to the PPV Service, at all times.
Failure to do so may result in the PPV Service being immediately suspended by the Provider, and the Provider seeking and being entitled to damages including (but not limited to) the value of refunds the Provider has to pay as a result to PPV Users who were unable to access the Host’s 3D Virtual Tour, or the 3D Virtual Tour did not provide the described experience for PPV Users.
The Host receives the Entry Fee amount minus the Provider’s advertised transaction fee, which may be changed from time to time at one month’s notice. Should the Host’s 3D Virtual Tour receive less than 5 (standard service) or 10 (premium service) paying visitors per month, the Provider reserves the right to defer the Host’s payout to the next payment cycle where these minimum visitor numbers are met. The Provider also reserves the right to withdraw the PPV Service with one month’s notice, for any 3D Virtual Tour that does not meet these minimum visitor numbers ongoing.
These Terms and Conditions represent the entire agreement.
For any questions or queries, you can contact us at PPV@homeplan.nz.