What these terms cover
These terms cover your use of kemba.co.nz and the Kemba dashboard (the Platform), run by Kemba Limited (Kemba, we, us). By using the Platform you agree to them.
They don't cover the conveyancing work itself. If you instruct a purchase through Kemba, the legal work is done by Point Legal Limited, a New Zealand law firm, and that engagement is governed by the letter of engagement Point Legal sends you, not by this page. If the two ever say different things about the legal work, your letter of engagement wins.
Kemba is not a law firm
Kemba builds and runs the Platform: the dashboard, the onboarding flow, identity verification, messaging, and the tools your lawyer uses to run your file. Kemba does not provide legal advice, does not hold your money, and doesn't act as your lawyer. Where a purchase needs conveyancing, that work is carried out by Point Legal Limited, directed by Tim Grace and regulated by the New Zealand Law Society, with an audited trust account and professional indemnity insurance.
Using the Platform
You need to give us accurate information, including for identity verification, which the law requires before any money can move on your file (the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 makes this Point Legal's obligation, and the Platform is how that information gets collected). You're responsible for keeping your account secure and for what happens under it.
Don't use the Platform to do anything unlawful, to interfere with how it runs, or to try to access another customer's file or data.
Fees and the guarantee
Kemba's fee for a standard purchase is $2,500 + GST, set out in full in Point Legal's letter of engagement, which also covers what's included, what isn't, and how the falls-through guarantee works (if your purchase falls through before settlement, we don't charge you for it, and your next purchase runs on the same fee). That letter is the document that actually binds you and Point Legal on price and scope. Nothing on this page overrides it.
Intellectual property
The Platform, including its design, code, and content, belongs to Kemba or its licensors. You can use it to run your own purchase. You can't copy, resell, or build a competing product from it.
No warranty, and where liability sits
The Platform is provided as available, without a warranty that it will be uninterrupted or error-free. Nothing in these terms limits any right you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that can't lawfully be excluded.
Kemba isn't liable for the conduct of Point Legal or for the legal work carried out on your file. That responsibility, and the professional obligations that come with it, sit with Point Legal as your instructed law firm.
Privacy
How we collect and use your information is set out in our privacy policy.
Changes to these terms
We may update these terms as the Platform changes. We'll update the date at the top when we do. Continuing to use the Platform after a change means you accept the updated terms.
Governing law
These terms are governed by the laws of New Zealand.
Contact
Kemba Limited NZ company number 9452662 · NZBN 9429053896575
Questions about these terms: hey@kemba.co.nz