RateMyFlat – Terms of Use

Version: 2.1 Last Updated: 14 February 2026

Document Notes

This Terms of Use is drafted for a New Zealand-based platform and addresses:

• Harmful Digital Communications Act 2015 safe harbour compliance
• Mutual progressive disclosure between platform participants
• Multi-tier review visibility system
• Comprehensive dispute resolution processes

Legal Review Required: New Zealand has specific laws regarding defamation (Defamation Act 1992), privacy (Privacy Act 2020), and digital communications (Harmful Digital Communications Act 2015). This document must be reviewed by a qualified New Zealand legal professional before publication.

Welcome to RateMyFlat. By accessing or using our website, mobile application, or services (collectively, the "Platform"), you agree to be bound by these Terms of Use ("Terms").

Please read these Terms carefully. If you do not agree to these Terms, you must not access or use the Platform.

1. Introduction and Acceptance

RateMyFlat is a New Zealand-based platform dedicated to increasing transparency in the residential rental market. These Terms constitute a legally binding agreement between you ("User," "you") and RateMyFlat ("we," "us," "our").

These Terms should be read together with our Privacy Policy, which explains how we collect, use, and protect your personal information.

2. Definitions

To ensure clarity, we define the following terms:

2.1 User Types

2.2 Content Types

2.3 Status Types

3. Eligibility

You must be at least 18 years of age to register for an account or use the Platform. By using RateMyFlat, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract under New Zealand law.

4. Account Verification and Content Weighting

We prioritise trust and transparency. While browsing may be open to the public, specific features and content weighting are tied to verification status.

4.1 Verification Process

Users may become Verified Users by submitting documentation proving a relationship with a property. Acceptable documents include:

• Residential Tenancy Agreement (current or historical)
• Tenancy Services Bond Lodgement receipt
• Utility bills showing name and property address
• Property ownership records
• Property management agreements

We use this documentation to verify that a relationship exists (i.e., that you actually lived at, owned, or managed the property). Documents are handled in accordance with our Privacy Policy.

4.2 What Verification Means

Important: Verification confirms a relationship, not the accuracy of claims. A Verified Review means the reviewer demonstrably lived at or had a relationship with the property—it does NOT mean RateMyFlat has verified that the statements in the review are true.

4.3 Benefits of Verification

For detailed information about how review scores are calculated and how verification affects weighting, see our How Scoring Works documentation in the Help Centre.

4.4 Verified Partners

Tradespeople and service providers may apply to become Verified Partners. Verified Partners are subject to a separate Commercial Partner Agreement which governs data sharing, branding, and commercial terms.

5. User Content and Licensing

5.1 Ownership

You retain all ownership rights to User Content you submit to the Platform.

5.2 License Grant to RateMyFlat

By submitting User Content, you grant RateMyFlat a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

This means:

• While you own your review, we have the permanent right to display it, analyse it, and use it to generate market data
• This license survives if you later delete your account
• We may anonymise and aggregate your content for commercial purposes

5.3 Your Warranties

By submitting User Content, you warrant that:

• You have the right to submit the content
• The content does not infringe any third-party rights
• The content complies with these Terms and applicable law
• Any factual claims are, to the best of your knowledge, true

6. The Platform's Role: Venue Only

6.1 No Duty to Verify Content Accuracy

RateMyFlat acts strictly as a venue for Users to share their experiences.

Relationship vs. Truth: We may verify the *relationship* between parties (e.g., that a Tenant lived at an address), but we do not and cannot verify the factual accuracy, truthfulness, or completeness of specific claims made in reviews.

We are not a publisher of User Content and assume no liability for statements made by Users.

6.2 Not a Tribunal or Legal Advisor

RateMyFlat is an independent platform and is not affiliated with Tenancy Services or the Tenancy Tribunal.

• Information on this Platform does not constitute legal advice
• Disputes regarding bond refunds, damages, or breaches of the Residential Tenancies Act 1986 should be directed to the Tenancy Tribunal
• We do not adjudicate the merits of tenancy disputes

6.3 Verified Relationships ≠ Verified Facts

The presence of a "Verified" badge on a review indicates ONLY that the reviewer has a documented relationship with the property. It does NOT indicate that RateMyFlat has verified or endorses the factual claims within the review.

7. User Conduct and Prohibited Content

You agree to use the Platform responsibly. You must not submit content that:

7.1 Defamatory Content

Contains false statements of fact that harm the reputation of a person or business. Reviews must be:

• Honest opinions based on your genuine experience
• Clearly distinguishable as opinion where not stating verifiable facts
• Not motivated by malice or intent to harm

7.2 Privacy-Violating Content

Reveals private information about others without consent, including:

• Home addresses (other than the reviewed property)
• Phone numbers or email addresses
• Financial information
• Health information
• Other sensitive personal data (doxxing)

7.3 Harmful Digital Communications

Breaches the Harmful Digital Communications Act 2015, including content that:

1. Discloses sensitive personal facts about an individual
2. Is threatening, intimidating, or menacing
3. Is grossly offensive to a reasonable person
4. Is indecent or obscene
5. Is used to harass an individual
6. Makes a false allegation
7. Breaches confidence
8. Incites or encourages others to send harmful messages
9. Incites or encourages suicide
10. Denigrates based on colour, race, ethnicity, religion, gender, sexual orientation, or disability

7.4 Fraudulent Content

• Reviews for properties you never lived in, owned, or managed
• Reviews written in exchange for payment or other consideration
• Fake reviews designed to manipulate ratings
• Impersonation of other individuals

7.5 Other Prohibited Content

• Spam or commercial solicitation
• Malware or malicious code
• Content that infringes intellectual property rights
• Content promoting illegal activities

We reserve the right to remove any content that violates these Terms without prior notice.

8. Review Visibility and Disclosure

Reviews on RateMyFlat have different visibility depending on the type of entity being reviewed and the consent choices of both parties.

8.1 Visibility Tiers

8.2 Mutual Progressive Disclosure

Where a verified Tenant reviews a private Homeowner or Property Manager (or vice versa), the following process applies:

#### Step 1: Review Submission The reviewing party submits their review. The review is stored but is NOT visible to the reviewed party or any other user.

#### Step 2: Offer to Share The reviewing party may choose to "offer to share" their review with the reviewed party. This requires explicit action (clicking a button).

#### Step 3: Notification The reviewed party receives a notification that a review is available. The notification includes ONLY:

• The name of the reviewing party
• The verified tenancy/ownership period
• NO indication of review sentiment or content

#### Step 4: Counter-Review Requirement To view the offered review, the reviewed party must submit their own counter-review of the reviewing party. This ensures mutual accountability.

#### Step 5: Simultaneous Disclosure Once the counter-review is submitted, BOTH reviews become visible to BOTH parties simultaneously. Neither party can view the other's review before completing their own.

#### Withdrawal The offering party may withdraw their offer at any time before the counter-review is submitted. Withdrawn offers are removed from the reviewed party's notifications.

#### Unresponded Offers If the reviewed party does not submit a counter-review, the offer remains pending indefinitely. The reviewing party may withdraw at any time.

8.3 Reviews of Unclaimed Properties

A verified Tenant may submit a review of a Homeowner or Property Manager associated with a property that has not yet been claimed on the Platform.

• The review is stored but not visible to any party
• If the Homeowner or Property Manager later claims and verifies the property, they will be notified that pending reviews exist
• The mutual disclosure process (8.2) then applies

8.4 Public Visibility (Future Functionality)

In future releases, users may opt to make their reviews publicly visible to prospective counterparties:

#### Tenant Public Reviews A Tenant who has received reviews from Homeowners or Property Managers through mutual disclosure may choose to make those reviews visible to prospective landlords when applying for properties.

#### Homeowner/PM Public Reviews A Homeowner or Property Manager who has received reviews from Tenants may choose to make those reviews visible to prospective tenants considering the property.

#### Requirements

• Public visibility requires explicit opt-in by the reviewed party
• "Public" means visible to verified users engaged in a rental application process, not the general public
• Reviews cannot be made public by the reviewing party alone

8.5 Agency-Level Reviews

Property Agencies do not receive individual reviews directly. Instead:

• Reviews of Property Managers employed by or contracted to an Agency are aggregated to produce an Agency-level rating
• Individual PM reviews are not disclosed at the Agency level without consent
• Agencies may view aggregated sentiment and themes
• Future functionality may allow direct reviews of Agencies

8.6 Private Homeowner Protection

Private Homeowners (individuals who own rental property but do not operate under a commercial brand) are NEVER publicly identified on the Platform without their explicit consent.

• Reviews of properties owned by private Homeowners identify the property only
• The Homeowner's name is visible only to parties who have completed mutual disclosure
• A private Homeowner may create a public profile, at which point they are treated as a commercial entity for visibility purposes

8.7 Commercial Entity Identification

The following entities may be publicly identified on the Platform:

• Licensed property management companies
• Real estate agencies
• Registered Homeowners who have opted into public identification
• Tradespeople who have registered and made their profile discoverable

9. Content Moderation and Dispute Resolution

We operate a two-track content moderation system to ensure both platform integrity and compliance with New Zealand law.

9.1 Harmful Digital Communications Act Compliance (Track 1)

We comply with the safe harbour provisions of the Harmful Digital Communications Act 2015. If you believe content on our Platform breaches the HDCA's communication principles (listed in Section 7.3), you may submit an HDCA complaint via our designated complaint mechanism.

#### HDCA Complaint Process

#### Contested HDCA Complaints

If the content author contests an HDCA complaint, we may in our discretion:

• Leave the content visible (in which case our safe harbour protection for that specific content ceases)
• Remove the content pending further review
• Refer the matter to Netsafe for mediation

Note: This process is designed to comply with Section 24 of the HDCA. Failure to follow this process exactly may result in loss of safe harbour protection.

9.2 Immediate Removal Categories

Certain content categories warrant immediate removal without the standard complaint process:

• Content depicting or promoting violence or harm to others
• Pornographic or sexually explicit content
• Content promoting self-harm or suicide
• Hate speech targeting protected characteristics
• Content involving minors
• Clear and obvious illegality

9.3 General Content Disputes (Track 2: Flag and Review)

For disputes not meeting the HDCA threshold (e.g., factual disagreements, commercial disputes, defamation claims), our standard Flag and Review process applies:

#### What Makes a Valid Flag

A flag must include:

• Specific identification of the content
• The Term(s) or law allegedly violated
• Explanation of why the content violates the identified provision
• Your relationship to the matter (if any)

Vague complaints (e.g., "this is unfair") will not trigger review.

9.4 Finality

RateMyFlat's decision on content moderation is final regarding presence on the Platform. This does not preclude parties from:

• Pursuing legal action outside the Platform
• Complaining to Netsafe under the HDCA
• Complaining to the Privacy Commissioner regarding privacy breaches

9.5 No Retaliation

Users who flag content in good faith are protected from retaliation. Submitting retaliatory flags or reviews in response to a legitimate complaint is a violation of these Terms.

10. Tradesperson and Service Provider Terms

10.1 Tradesperson Data on the Platform

Information about tradespeople may appear on the Platform through:

• Documentation uploaded by Tenants, Homeowners, or Property Managers (e.g., certification documents showing work performed)
• Data provided by Verified Partners under commercial agreements
• Direct registration by the tradesperson

10.2 Unregistered Tradesperson Data

If documentation references a tradesperson who has not registered on the Platform:

• We extract and store work-related information (name, company, work performed, date)
• This information is held internally and is NOT publicly associated with properties
• If the tradesperson later registers, they may claim and verify their work history

10.3 Registered Tradespeople

Tradespeople who register on the Platform may:

• Claim work attributed to them in uploaded documentation
• Build a verified work history
• Make their profile discoverable to Homeowners and Property Managers
• Receive reviews for completed work (subject to mutual disclosure where applicable)

10.4 Disputing Work Attribution

If a tradesperson believes they have been incorrectly associated with work evidenced in uploaded documents, they may:

1. Contact us with evidence disputing the association
2. We will review the documentation and may remove the association if evidence is insufficient
3. If documentation is valid, we will maintain the association but the tradesperson may provide their perspective

11. Disclaimers and Limitation of Liability

11.1 "As Is" Basis

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties regarding:

• The accuracy, reliability, or completeness of any content
• The availability or uninterrupted operation of the Platform
• The conduct of other Users
• The accuracy of verification processes

11.2 Liability Shield

To the fullest extent permitted by New Zealand law:

• RateMyFlat, its directors, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages arising out of your use of the Platform or reliance on any User Content
• Our total liability to you for any claim arising out of or relating to these Terms or the Platform shall not exceed the greater of:

- The amount you have paid us in the past twelve (12) months, OR - NZD $100.00

11.3 Specific Exclusions

We are not liable for:

• Defamatory, inaccurate, or misleading content posted by Users
• Decisions made in reliance on Platform content (e.g., rental decisions, hiring decisions)
• Loss of business, reputation, or opportunity
• Actions of other Users, including in mutual disclosure contexts
• Technical failures, data loss, or security breaches beyond our reasonable control

11.4 Consumer Guarantees Act 1993

Nothing in these Terms is intended to limit any rights you may have under the Consumer Guarantees Act 1993, except where you are using the Platform for business purposes (e.g., as a Homeowner, Property Manager, Agency, or Tradesperson), in which case the provisions of that Act are excluded to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify and hold harmless RateMyFlat, its directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from:

• Your violation of these Terms
• Your violation of any third-party right, including intellectual property, privacy, or defamation
• Any claim that your User Content caused damage to a third party
• Your breach of any warranty in these Terms
• Your negligent or wrongful conduct

13. Account Termination

13.1 Your Right to Terminate

You may close your account at any time by contacting us. Upon closure:

• Your profile will be deactivated
• Your reviews may be anonymised (rather than deleted) per our Privacy Policy
• Your rights under these Terms terminate

13.2 Our Right to Terminate

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent activity
• Abuse the Platform or other Users
• Fail to maintain accurate account information

We will provide notice where practicable, but reserve the right to terminate immediately for serious violations.

13.3 Effect of Termination

Upon termination:

• Your license to use the Platform terminates immediately
• Our license to your User Content survives termination
• Provisions that by their nature should survive (including Sections 5.2, 11, 12, and 14) continue in effect

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand.

14.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of New Zealand for any disputes arising out of or relating to these Terms.

14.3 Informal Resolution

Before initiating formal legal action, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and RateMyFlat.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment

You may not assign your rights or obligations under these Terms. We may assign our rights and obligations without restriction.

15.5 Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or prominent Platform notice at least 14 days before taking effect. Continued use after changes take effect constitutes acceptance.

16. Contact Us

General Enquiries and Support Email: support [at] ratemyflat [dot] co [dot] nz

Content Complaints (HDCA) Email: complaints [at] ratemyflat [dot] co [dot] nz Online complaint form: Not currently available. Please email complaints [at] ratemyflat [dot] co [dot] nz.

Privacy Enquiries Email: privacy [at] ratemyflat [dot] co [dot] nz

Legal Notices Email: legal [at] ratemyflat [dot] co [dot] nz

*This document does not constitute legal advice. It must be reviewed by a qualified New Zealand legal professional before publication.*