Terms of Trade

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Please read the following terms and conditions of trade. In these terms and conditions, “we” “us”,  and “our” refers to protectKiwi. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore, recommend that each time you access our website you read these terms and conditions.

Definitions

  • protectKiwi includes its employees and directors.
  • The “Agreement” means Terms and Conditions and the details on the Application for an account.
  • The “Customer” or “Client” means the person(s) or company identified as the customer on the application for an account.
  • The “Service” means protectKiwi services, including but not limited to: web hosting, software development, consulting, domain registration, virtual private server hosting, SSL certificates and labour.
  • “Customer”, “Client” or “Users” refers to the Customer’s employees, agents, affiliates, and customers.

protectKiwi retains the right to refuse service to anyone at any time.

Our Website Services

  • We strive to ensure that our products and services are described as accurately as possible on our website, however, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
  • Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Site Access

  • When you visit our website, we give you a limited licence to access and use our information for personal use.
  • You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, Trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
  • Except as permitted under the Copyright Act 1962, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  • The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta-tag or mirroring of our website.

Hyperlinks

  • This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  • You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Software Development, Business Management & Consulting

Service Orders

  • All prices are in the named currency. In New Zealand in NZD, in the US in USD. Local VAT/Sales Tax applies. In the European Union, the currency is Euro and the VAT is zero-rates. In all other countries, the currency is NZD and zero-rated.
  • When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and payment details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to an error in transmission or virus or malware.
  • Any Quote to a client is valid for 14 days. If we did not receive an acceptance within 14 days, our quote is deemed to be rejected.
  • We provide estimates that are subject to change in the case the client changes the requirements or functional specification or ask for changes during the time of the project.
  • After delivery, the client has to possibility to test the delivered software, mobile or web applications. The Delivery is deemed accepted, when the client approval of the performed tasks in writing (including email), take the delivery into production or after four weeks, whatever comes first.

Intellectual Property Rights

  • The copyright to all content on this website, products and software developments including applets, graphics, images, layouts, code, documentation and other type of text belongs to us or we have a licence to use those materials.
  • Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
  • If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Limitation of Liability

  • To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
  • Any use of our services for criminal activitities, allow us to terminate the contract immediatally.
  • We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.

Indemnity

  • By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

  • If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
  • If any provision of these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Warranties

  • We provide Services to Business based on our Terms of Trade or additional terms, requirements or conditions as part of a written quote or contract

Payment

  • We offer payment via Invoice, Paypal, Creditcard or Direct Debit Payment. When you pay via Direct Debit be aware that your payment can need 24-48 hours before it will be on our bank account. If not arranged otherwise, we ship after the money is received.
  • The payment is due based on the terms of the quote. When no terms provided, the payment is due 4 weeks after delivery of software or installation & setup of servers and websites or when the service will be used by the customer, what comes first.
  • Any unpaid accounts will be sent to a debt collection agency (i.e. Baycorp Ltd) and any fees incurred during this process will be passed on to the client. This clause is intended for the benefit of and enforceable by our debt recovery agency under the Contracts (Privity) Act 1982.

Hosting

Privacy

protectKiwi Ltd will not reveal, sell, or in any way divulge information about the Customer or the Internet usage of the Customer to any individual, business, marketing, or research group without prior consent of the customer or without legal warrant.

Publication at Customer’s Risk

The Customer accepts responsibility for all information and material issued by the Customer over the Service, and indemnifies protectKiwi Ltd against any liability in relation thereto. In particular, the Customer undertakes that it shall not publish, distribute or issue any information that is illegal, including defamatory or copyrighted materials. The Customer also acknowledges that protectKiwi Ltd does not vet or approve, and therefore does not accept any liability for any information or material available through any service. To the full extent permitted by law, the Customer accesses and uses such information and material at his or her own risk.

Any Access to the Website is password-protected. Any phyical access to the Server is protected by a Firewall. Any access on Server-Level has to be limited to known Sources and encrypted. The Customer is not allowed to give access to a third party, that is not secured based on best practices. protectKiwi Ltd can provide consulting for secure infrastructure including compliance based on the PCI Standard.

Provision of Service

protectKiwi Ltd endeavors to provide continuous uninterrupted service at all times; however, the Service provided to the Customer is not fault-free and relies on factors outside the control of protectKiwi Ltd. The Service is provided to the Customer at such times and means as protectKiwi Ltd decides.

Exclusion of Liability

Except as provided in the following clause protectKiwi Ltd is not liable to the Customer or any other person for:

a) any cost, loss or liability (including loss of profit or other consequential damage) arising from protectKiwi Ltd’s supply or failure or delay in supplying Service including as a result of our own negligence.

b) the content, context, or confidentiality of any communications made using the Service. protectKiwi Ltd does not provide support for third-party software, including software downloaded from the Internet.

c) The Customer is liable for any installation of software or configuration by Third Parties, that he grant to the Service we provide. Given access to third parties that jeopardize the security of our infrastructure, allow protectKiwi Ltd to terminate the contract immediatally.

Limitation of Liability

Except as provided below, all terms, warranties, undertakings, inducements and representations, written or verbal, express or implied, relating to the provision of any Service or goods are excluded and protectKiwi Ltd will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Service inclusive of any software material hosted or designed by protectKiwi Ltd. However, protectKiwi Ltd’s liability for any breach of such implied term or warranty will be limited at protectKiwi Ltd’s option in accordance with this clause or in any way permitted by the legislation.

Payment

a) The Service is an automatically renewing subscription payable in advance.

b) Payments can be made by Paypal, Invoice Cheque, Visa, Mastercard or Direct Debit.

d) The Customer must pay for all Service charges and other amounts incurred by the Customer or its Users or incurred as a result of any use of the Customer Password (whether authorised or not) in accordance with the billing option selected. In addition, the Customer may be liable for all charges and expenses incurred by protectKiwi Ltd resulting from any security breach or attack or customer error that involves Customer hardware, software, or network configuration, including IP addresses.

e) The Customer is liable for all overuse on their account and must pay all service overuse charges as they arise.

f) protectKiwi Ltd reserves the right to upgrade accounts that regularly exceed their quota, where this is a lesser charge than overuse. In the event of an upgrade, protectKiwi Ltd will provide 7-days written notice of the change and any fees that may apply. Customers can downgrade accounts at anytime once usage has been reduced.

g) Payment for all service is due upon the invoice due date. The Customer must pay all amounts billed in accordance with the billing option selected by the Customer. Any questions regarding the charges on an account must be addressed within 14 days of the billing date. Where a charge is in dispute the Customer may withhold the disputed portion whilst it is investigated but non-disputed charges may not be withheld.

h) protectKiwi Ltd will endeavor to notify by email where an account is overdue and facing suspension, however, no responsibility is accepted for the successful receipt of email messages.

i) Any unpaid accounts will be sent to a debt collection agency (i.e. Baycorp Ltd) and any fees incurred during this process will be passed on to the client. This clause is intended for the benefit of and enforceable by our debt recovery agency under the Contracts (Privity) Act 1982.

j) Accounts with an overdue balance may be suspended without further warning. Suspended accounts may not be altered or closed until full payment is received.

Breaches

The Customer shall indemnify protectKiwi Ltd against any loss (including any loss of profit) incurred by protectKiwi Ltd as a result of any breach of the terms of any agreement with protectKiwi Ltd including damages in respect of any period up to and including the date of actual termination (including termination under clause 16).

Indemnity

The Customer shall indemnify protectKiwi Ltd against all claims, expenses, damages, loss of income or other liabilities arising directly or indirectly from using the Service.

Termination

Either party may terminate a non-fixed term agreement with written notice. Any balance owing on an account must be paid prior to closure. After reasonable notice is given protectKiwi Ltd may terminate any agreement of the provision of any Service if:

a) the customer breaches any term of any agreement; or

b) for any other reason by giving 30 working days notice, when not agreed otherwise in a written contract or accepted quote; or

c) Any renewed service can be cancelled from both parties within 15 days after the automatic renewing of a subscription.

All outstanding charges become immediately payable on giving of such notice and in no circumstances shall the Customer be entitled to any refund of payments made under this Agreement. Normally, we will charge a $10.00 cancellation fee to cover Administration charges in the process of a refund.

Upon the request of the Customer for termination or due to an protectKiwi Ltd procedure, all customer data, email, backups, and configurations will be deleted from our servers.

Suspension of Service

protectKiwi Ltd may from time to time (without notice, for reasons other than non-payment, reasonable notice will be given when possible) suspend any Service or disconnect or deny the Customer access to any Service:

a) during any technical failure, modification or maintenance involved in the Service although protectKiwi Ltd will endeavor to procure the resumption of the Services as reasonably practicable; or

b) if the Customer fails to comply with any agreement (including failure to pay charges due, having been notified of the overdue amount) until the breach (if capable of remedy) is remedied, or does, or allows to be done anything which in protectKiwi Ltd’s opinion may have the effect of jeopardising the operation of any service.

Not withstanding any suspension of any Service under this clause the Customer shall remain liable for all charges due through the period of suspension. An account that is suspended may not be altered or closed until full payment on any outstanding balance is received.

Information Received

Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any information which they receive regarding the Service in any way which is to be used for purposes which are or could be competitive with the Service.

Assignment

The Customer cannot assign its rights under the agreement without the prior written consent of protectKiwi Ltd. protectKiwi Ltd may transfer our rights and responsibilities under this assignment to another party with 30 days’ written notice to you.

Governing Law

This Agreement is governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand Courts.

Acceptable Use

Users of protectKiwi Ltd are expected to adhere to all the policies of protectKiwi Ltd, available in writing upon request.

While spamming and port scanning may not currently be fully illegal activities in New Zealand, protectKiwi Ltd does not support or condone these activities without the express consent of the recipient or administrator of the recipient system.

The protectKiwi Ltd servers may be used only for lawful purposes. Users may not use protectKiwi Ltd’s Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive, hateful or otherwise defamatory.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

In addition, any site selling or promoting bulk email services is not allowed.

Examples of non-acceptable content or links include pirated software, hacker programs, warez sites, IRC bots, Skype Bots and file archives (such as audio/video).

protectKiwi Ltd will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse

Any attempts to undermine or cause harm to a server is strictly prohibited.

Spam

protectKiwi Ltd’s servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames or mail bombs. Your Domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam to include any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your Domain.

We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.

As such, any violation will result in immediate deactivation of services without refund.

Client Content, Backups and Data Loss

You acknowledge that unless you subscribe to a Backup Service that expressly includes the independent backup of Your Content and Software as a service, protectKiwi`s backup activities are primarily for our own disaster recovery purposes and that you are reponsible for the storage, backup and archiving of your content, software and databases,

protectKiwi Ltd assumes no liability for lost content if a hardware or system failure occurs and data maintained on the affected servers cannot be recovered from the most recent backups. Access to your own customer content is provided to the Customer at any time. It is the sole responsibility of the account owner to ensure that they maintain their own backup copy of any materials placed on protectKiwi Ltd Servers, or of any database maintained on any server operated by protectKiwi Ltd in the event protectKiwi Ltd is unable to restore customer content from backup.

At no time shall protectKiwi Ltd assume ay liability for lost customer content.

IP Addresses

protectKiwi Ltd maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the Customer and reserves the right to change or remove any and all IP numbers and addresses.

gNotices

All notices under this agreement shall be given to the last known e-mail address of the Customer, either the address on the Application or as advised by the Customer to protectKiwi Ltd at any time after the Customer enters into this agreement. The Customer shall ensure that it keeps protectKiwi Ltd informed of the current and active e-mail address of the Customer.

Force Majeure

  • If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
  • If any provision of these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Each Clause Separately Binding

Each clause of the agreement you have with us is separately binding.

Rights and Responsibilities that Continue

The canceling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards.

Shop

Trading Name

In these terms and conditions, “we” “us” and “our” refers to protectKiwi, trading under the name in the Imprint of the Shop.   Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

Registered Users

  • In order to access the services provided on this website, you can become a registered user. In this case you must complete registration by providing certain information as set out on our membership/registration page.  Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
  • You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
  • On registration, we provide you with a password and CustomerID. On registration you agree to pay for our services as set out on our website.
  • We reserve the right to terminate your registration at any time if you breach these terms and conditions.
  • Our services are intended to be used by registered users within New Zealand only.

Our Website Services

  • Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
  • All prices are in New Zealand Dollars (NZD) and are inclusive of GST. We endeavour to ensure that our price list is current.  Our price list can be accessed from the shop page and we reserve the right to amend our prices at any time.  If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

Product Descriptions

  • We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
  • Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

  • We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
  • Packaging and postage is an additional charge, calculated at time of purchase.
  • When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and payment details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
  • We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected.  We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
  • Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
  • Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment.  Our terms of payment are set out on the order page.
  • All risk of loss or damage to the goods passes to you when we despatch the goods.

Product Returns

  • We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you need a RMA Number provided by us. If you wish to return any Product, please contact us. If we accept the return, we will issue a RMA, which must be enclosed with the returned product. Please also include details of your name, address and contact telephone number.Returned products must be intact and in original condition. Unless we agree otherwise, you must meet all freight costs associated with returns. In the case you see a reason for returns, please contact us via the dedicated return-E-Mail-Adresss.
  • If we are unable at the time of return to replace or exchange returned goods, we undertake to refund for the amount initially debited for the purchase including packaging and postage charges. Please allow 14 days to process a refund after we received the item.

Site Access

  • When you visit our website, we give you a limited licence to access and use our information for personal use.
  • You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
  • Except as permitted under the Copyright Act 1962, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  • The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

  • This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  • You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

  • The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
  • Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
  • If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

  • Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
  • To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  • We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
  • From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Limitation of Liability

  • To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
  • We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.

Indemnity

  • By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

  • If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

  • These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.
  • If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

  • We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  • Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

Warrenties

  • New Zealand consumers have certain rights under the Consumer Guarantees Act 1993 in relation to Products sold through this website. However, that Act will not apply if you are purchasing Products for business purposes.

Payment

  • We offer payment via Paypal, Creditcard or Direct Debit Payment.When you pay via Direct Debit be aware that your payment can need 24-48 hours before it will be on our bank account. If not arranged otherwise, we ship after the money is received.
  • Any unpaid accounts will be sent to a debt collection agency (i.e. Baycorp Ltd) and any fees incurred during this process will be passed on to the client. This clause is intended for the benefit of and be enforceable by our debt recovery agency under the Contracts (Privity) Act 1982.

Shipment

  • We ship orders within two (2) working days of receipt of payments. However, these timeframes are estimates only. We may dispatch your order in one delivery or by installments. If an installment does not arrive, please contact us and we will provide a replacement.
  • Once an order has been shipped (either in its entirety or in part) you may not cancel your order.
  • Orders will be delivered by way of express mail, courier, or a combination of both services. Where available, you will have the option of taking delivery exclusively by courier. The costs of delivery will be advised when you place an order.
  • We will ensure that your order is adequately packaged for delivery. If your order is damaged in transit or does not arrive within 21 days of you placing the order, please contact us immediately, so we can take the matter up with the carrier.
  • If your order is not complete when delivered, our liability for the shortage is limited to making up the shortage. You must notify us of any shortage in writing within 7 days of your receiving your order.
  • No claims for damage during delivery or for short delivery will be considered after 7 days of receipt of goods.

General

  • These Terms of Trade are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the New Zealand courts in respect of any proceedings in connection with these Terms of Trade or the purchase of Products.

Privacy

  • We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. The information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  • Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

Disclaimers

  • Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
  • To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  • We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
  • From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Application and Variation of these Terms

These terms and conditions are the terms on which protectKiwi provides the Service to the customers, modified only by any written variation between protectKiwi and the Customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede all prior agreements. protectKiwi may modify these terms, the pricing structure for the Service and the operation of the Service by notice to (the last email address provided to protectKiwi by) the Customer.