KIWICORP® – WEBSITE TERMS AND CONDITIONS OF USE

Welcome to our website. The KiwiCorp website, www.kiwicorp.co.nz, (the "Site") is owned and operated by KiwiCorp Products Ltd., ("KiwiCorp" "we" or "us"). We want each visitor to the Site ("you," "Customer") to have a safe and pleasurable visit, so we have established the following terms and conditions ("Terms and Conditions") so that we (we and you) know what to expect from each other. It is very important that you read and understand all of the following Terms and Conditions before making a purchase. Your use of the Site, which provides you with access to a variety of resources, including product information, communication forums, and educational materials (collectively the "Service") is subject to the Terms and Conditions of this agreement. KiwiCorp reserves the right to amend at any time any policies governing the Site.

Use of this Service is not meant to serve as a substitute for professional medical advice. KiwiCorp encourages you to discuss the use of any goods, products or information received from this Site with your physician prior to using or relying on them. Your doctor should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. KiwiCorp does not give nor intend to give any answers to medical related questions. We do not represent ourselves as or imply in any way that we are doctors. IF YOU ARE IN NEED OF MEDICAL ATTENTION CALL YOUR PHYSICIAN IMMEDIATELY.

The Site is solely an online store for specialty related products and it provides additional educational information on issues of interest to our customers. Our only intention is to help you make a decision regarding a purchase but not to replace any medical professional or medical resource. No prescription medications or medical treatments are intentionally provided on the Site.

All KiwiCorp purchases are for consumer use only. Products may NOT be resold. Dealer orders will NOT be accepted. KiwiCorp reserves the right to restrict dealer activity and accounts and to not process dealer orders.

Promotional offers and Site-wide sales

Certain products are excluded from offers. Each product detail page indicates if the promotion does not apply. Sale pricing, promotional codes and other special offers cannot be applied toward prior purchases. Promotional codes may not apply to already discounted items. Cash back, mileage or rebate offers from KiwiCorp partners may not be valid on select products, during a private sale or with some promotional codes. Cash back, mileage or rebate offers are only recognized from the single partner visited immediately prior to purchase. E-Gift Certificates are ineligible for discount. All prices and promotions are subject to change without prior notice. Prices in our printed catalog may no longer apply. Some promotional codes and offers are specific to single marketing partners, and can only be used when referred by that partner, and within the conditions and parameters of the promotion.

Purchases

Your credit card will be billed at the time that your order is placed. The name that appear on your statement will be Kiwicorp Products Ltd.

All our purchases are backed by a 100% satisfaction guarantee. You may return all items within 7 days, providing the reason for return is due to product not meeting the equivalent of it’s description, photos or quality defect.

All transactions on the Site, including purchases and refunds, are made in NZ Dollars.

Sales Tax

We only collect sales tax for orders shipped within New Zealand. However, depending on the state in which you reside, you may be responsible for state sales tax for your order, regardless of whether this sales tax was collected by KiwiCorp.

Privacy Statement

KiwiCorp believes strongly in protecting user privacy. Please refer to our Privacy Statement for information on how KiwiCorp uses and collects information and protects your privacy.

Copyright

Unless otherwise indicated, all of the Site materials—including, without limitation, all designs, text, graphics, and other files, and the selection and arrangement thereof—are the proprietary and copyrighted property of KiwiCorp. KiwiCorp grants you a limited license to access and make personal use of the Site (including making electronic copies and printing to hard copy portions of the Site for informational, non-commercial, purposes only), and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KiwiCorp. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any other use of materials found on the Site—including any reproduction, duplication, copying, sale, resale, visitation, or other exploitation for commercial use; reproduction for purposes other than described above; or modification, distribution, republication, display, or performance—without the prior written permission of KiwiCorp is strictly prohibited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KiwiCorp without express written consent. Further, by submitting any and all information, data, text, messages, instructions, or other materials of any kind ("Content"), you specifically grant us an exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on the Site. No Content can be copied, scraped, or used in any fashion without the explicit written permission of KiwiCorp.

Trademarks

All KiwiCorp trademarks are the registered property of KiwiCorp or its licensors. Such trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of KiwiCorp. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners and may not be used without prior written permission.

Repeat Infringer Policy

KiwiCorp respects the intellectual property of others, and we ask our users to do the same. KiwiCorp may, in appropriate circumstances and at its own discretion, limit access to the Site and/or terminate the accounts of any users who infringe the intellectual property rights of others.

Claims of Copyright Infringement; Designated Agent

If you believe that any material on the Site infringes upon any copyright which you own or control, or that any link on this Site directs users to another website that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated office. Written notification must be submitted to either sales@KiwiCorp.co.nz or to the following address:

KiwiCorp Products Ltd.

12 Longbeach Road,

Ashburton 7773,

New Zealand

To be effective, the notice must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that website;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit the service provider ("Service Provider") to locate the material;
  4. Information reasonably sufficient to permit the Service Provider to contact the Complaining Party, such as an address, telephone number, and if available, an email address at which the Complaining Party may be contacted;
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

User Responsibilities

You agree to (1) provide certain current, complete and accurate information about yourself as prompted to do so by the Service; and (2) maintain and update this information as required to keep it current and complete. KiwiCorp shall have the right to use your information in accordance with the terms of the KiwiCorp Privacy Statement. Providing inaccurate or false data may result in the termination of your User Account and your right to use the Service. You acknowledge that you are solely responsible for your use of the Service including but not limited to all Content that you post or upload through the Service. You agree not to post, upload, email, transmit, distribute or otherwise publish on or through the Service any of the following:

  • Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, negligent, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent, misleading, or that impersonates any person or entity or otherwise misrepresents your status or affiliation with a person or entity;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  • Private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers, without the express permission of such party and in full compliance with all applicable laws and KiwiCorp policies applicable to such information;
  • Viruses, corrupted data or other harmful, disruptive or destructive files;
  • Unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail, chain letters and spam; and
  • Content that, in the sole judgment of KiwiCorp, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which exposes KiwiCorp or its employees, site partners' contributors, or other users to any harm or liability of any type. Prohibited use of this Service may result in, among other things, the termination of your User Account and your rights to use the Service.

All of the products purchased on the Service should be used in accordance with the manufacturer's instructions, precautions and guidelines. If any minor uses any goods or product from KiwiCorp it should be only after the legal or parental guardian has discussed this product with the minor's doctor.

User Account, Username, Password and Security

You agree that KiwiCorp is not responsible for maintaining the confidentiality of your Username, Password and Account (with the exception of those assurances provided in the KiwiCorp Privacy Statement) and that you are responsible for all activities that occur with respect to your User Account including maintaining the confidentiality of your Username, Password and Account information. You agree to defend, indemnify and hold harmless KiwiCorp from any liability or expense arising from your misuse of the User Account. You agree to immediately notify KiwiCorp of any unauthorized use of the User Account or any other breach of security known to you.

Monitoring of Service by KiwiCorp

KiwiCorp reserves the right, in its sole discretion, to monitor and review any activity, messages, uploaded files, chats, forums or other Content associated with the Service and reserves the right to authorize restrictions on access thereto.

You acknowledge that KiwiCorp has no obligation to screen or monitor any of the messages, postings or other Content posted on or using the Service, that KiwiCorp does not exercise editorial control over any such Content and that KiwiCorp shall have no responsibility or liability of any kind in connection with such Content or for any mistakes, omissions, defamation, slander, libel, falsehoods, obscenity, pornography or profanity you may make or encounter while using the Service. The Content generated by users (via reviews, product questions/answers, etc) does not reflect the opinion of KiwiCorp. KiwiCorp may, but is not obligated to, do any of the following:

  • Remove, screen, edit, filter or refuse to post any Content that it determines, in its sole discretion, may be harmful or offensive to others, may violate the rights of others or that are otherwise inappropriate or objectionable for any reason;
  • Investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate;
  • Access, preserve and disclose any information it considers necessary or appropriate in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect KiwiCorp's systems and customers, or to ensure the integrity and operation of KiwiCorp's business and systems, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.
  • Terminate, restrict or suspend your access to the Service or to any interactive areas for any reason.

From time to time, KiwiCorp may run a giveaway or sweepstakes promotion related to the submission of product reviews. These enter-to-win promotions are in no way related to the content of any review.

Non Compliance Policy

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or KiwiCorp. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error.

Third Party Sites and Content

KiwiCorp may provide links to web pages and content of third parties ("Third Party Content") as a service to those interested in this information. KiwiCorp does not monitor, approve, or have any control over any Third Party Content or third party websites. KiwiCorp does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. KiwiCorp does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. You agree that your use of these links and Third Party Content contained therein is at your own risk.

KiwiCorp reserves the right to change any and all content including product prices contained on the Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by KiwiCorp.

Disclaimer of Warranties

THE SITE AND THE MATERIALS IN THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KIWICORP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KIWICORP DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. KIWICORP DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL KIWICORP, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM KIWICORP, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KIWICORP'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KIWICORP (WHETHER IN CONTRACT, WARRANTY TORT—INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED—PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KIWICORP FOR USE OF THE SERVICE.

Indemnification

You agree to defend, indemnify and hold harmless KiwiCorp, and its officers, directors, employees, agents, independent contractors, service providers and consultants from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney's fees) arising out of your use of the Site and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against KiwiCorp and/or its independent contractors, service providers, or consultants, arising out of or relating to your use of this Site, any information or materials you submit, your violation of these Terms and Conditions, or your violation of the rights of any third party.

General Questions and Comments

General questions or comments about the Site and the Service may be directed to KiwiCorp's Customer Service by email at sales@KiwiCorp.co.nz by phone at +64 3 3072322, or by mail at 12 Longbeach Road, Ashburton 7773, New Zealand.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site Terms and Conditions or your use of the Site shall be filed only in Ashburton, New Zealand and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or relating to these Terms and Conditions or your use of the Site.

Personal Information We collect

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

How Do We Use Your Personal Information?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Sharing Your Personal Information

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:
[[
INCLUDE OPT-OUT LINKS FROM WHICHEVER SERVICES BEING USED.
COMMON LINKS INCLUDE:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
]]

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at sales@kiwicorp.co.nz