Terms & Conditions

In General

3kiwis (“3kiwis.co.nz”) owns and operates this website. This document governs your relationship with 3kiwis.co.nz (“website”). Access to and use of this website and the products and services available through this website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website.

This website may contain links to other websites (the “Linked Sites”), which are not operated by 3kiwis.co.nz. 3kiwis.co.nz has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and 3kiwis.co.nz will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of 3kiwis.co.nz or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by 3kiwis.co.nz and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with 3kiwis.co.nz you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. 3kiwis.co.nz retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be 3kiwis.co.nz or may in some cases be a third party. Where a contract is made with a third party 3kiwis.co.nz is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law 3kiwis.co.nz and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect 3kiwis.co.nz‘s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with 3kiwis.co.nz and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to 3kiwis.co.nz.

Indemnity

You agree to indemnify, defend and hold harmless 3kiwis.co.nz, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms of Service.

Variation

3kiwis.co.nz  shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and 3kiwis.co.nz.

 

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found below. By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Your Privacy

Most importantly: we will not sell, trade, give, etc., the statistics that we collect on your site to any third party, without your express permission. The data that we collect is not mined or used for marketing purposes in any way. The data that we collect is used solely for purposes of web metrics and traffic analysis by 3kiwis. Be assured that safeguarding the contents of your website traffic is our priority.

3kiwis is committed to safeguarding your privacy on-line. The following statement sets our privacy policy. For the purposes of this privacy statement “3kiwis” shall mean 3kiwis.co.nz. This policy may change from time to time so please re-read this policy periodically.

what we gather from you

Our site collects information in several ways. When you order information, registrations and services from us you are required to complete a client order form. 3kiwis requests your name, e-mail address, financial information (such as payment details) and your contact information (“Customer Information”).

As part of our service, 3kiwis also uses cookies to help identify you and access your account data, to track you, to track traffic patterns and for system administration. A cookie is a small text file that is created by your browser from a web page and is stored on your computer’s hard drive.

contact information

Our site’s registration form requires users to give us contact information (like email address) and financial information (like their account numbers). Contact information is used to get in touch with them when necessary. Financial information collected is used to bill the user for products and services.

parties to whom we disclose your information

3kiwis reserves the right to access and disclose personal information to comply with applicable laws, regulations and lawful government requests, to operate its systems properly to protect itself or its users or to solve any customer disputes.

We may provide aggregate statistics about our sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you.

We may from time to time elect to make use of other companies to provide some of our services, and our services will then be offered through third party service providers on our website. We may then share your personal information with these companies. These companies can and will process this information and will be obliged to keep such information confidential.

You should also note that the servers hosting our systems are located in a number of different countries. This means that the information you provide will be transferred to and hosted on servers in these countries and by submitting the requested information you hereby expressly consent to such transfers.

security

This site has security measures in place to protect against the loss, misuse and alteration of the information under our control. A password must be entered to log in to your account. All personal information is fully encrypted during all transactions. Please note, however, that no data transmission over the Internet is completely secure. As a result, while we endeavour to protect your personal information, we cannot ensure or warrant the security of any information you provide to us and you transmit such information to us at your own risk. Once we receive your transmission we endeavour to ensure the security of your personal information on our systems. Please note that 3kiwis will never ask for any personal information via email.

correct/update

If you wish to correct, update or otherwise modify the information that you have provided to us please visit the “my account” page on our web site and correct, update or modify the relevant information.

contacting the web site

If you have any questions about this privacy statement, the practices of this site or your dealings with this website, please e-mail [email protected]

links

This website may contain links to other web sites. Please note that when you click on one of these links, you are ‘clicking’ to another website. We encourage you to read the privacy statements of these linked sites as their privacy policy may differ from ours.