Terms & Conditions

Terms and Conditions for Members for the Kiwi Families website www.kiwifamilies.co.nz (“Website”)

This Website is operated by Kiwi Families Limited (referred to as “Kiwi Families/we/our/us”). As a user of the Website (referred to as “you/your”) you acknowledge that any use of the Website is subject to our terms and conditions below.

1 General

1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website. Your continued use of the Website will signify your acceptance to be bound by the latest terms and conditions.

2 Privacy

2.1 Any personal information you may provide to Kiwi Families via the Website will be handled in accordance with Kiwi Families’ Website Privacy Policy which is available on the Website.

3 Website Content

3.1 Subject to clauses 3.2 and 3.3, Kiwi Families will use reasonable endeavours to verify the accuracy of any information on the Website and in all newsletters or other information which you subscribe to receive on the Website (“Content”).

3.2 Without limiting clause 5 in any way:

(a) Kiwi Families makes no representation or warranty of any kind regarding the Content, or availability of the Website, or that the Content will be error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs;

(b) Kiwi Families will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and Kiwi Families accepts no liability of any kind for any loss or damage from action taken in reliance on any Content.

3.3 Without limiting clause 5 in any way, while Kiwi Families uses reasonable endeavours to select websites, or allow websites to be linked to the Website on the basis that these may be useful to users of the Website, Kiwi Families cannot and does not give any assurance, and accepts no liability, in respect of those websites or any other website linked to the Website (whether linked directly or via a website that is linked to the Website) (“Third Party Websites”) including without limitation in respect of the following on those Third Party Websites:

(a) the privacy practices;

(b) the content, including (without limitation) any advertising, products, goods or other materials or services.

3.4 Although Kiwi Families may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, Kiwi Families is under no obligation to do so. Without in any way limiting clause 5, Kiwi Families assumes no responsibility or liability arising from the content of any such locations. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, scandalous, inflammatory or pornographic material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Kiwi Families will fully cooperate with any law enforcement authorities or court order requesting or directing Kiwi Families to disclose the identity of anyone posting any such information or materials.

4 Intellectual Property

4.1 All copyright, trademarks and all other intellectual property rights (“Intellectual Property”) in the Website and all Content (as defined in clause 3.1 above) is and will remain our property or the property of our licensors. You are permitted to use the Website and Content only as expressly authorised in these terms and conditions.

4.2 The Website and Content is made available only for your personal use and not for use for any commercial purpose. You may only download Content for personal use. Any other use of the Website and Content is strictly prohibited. Except as expressly permitted by this clause, you must not (and must not assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of the Website or any Content.

4.3 Nothing contained on the Website or in these terms and conditions should be construed as granting to you any licence or right to use any trademark displayed on the Website without the prior written permission of Kiwi Families or the third party that owns the trademark. Any misuse of the trademarks displayed on the Website is strictly prohibited.

5 Liability

5.1 Your access to and use of the Website and Content is at your risk. Kiwi Families accepts no liability for any loss (whether direct, indirect, consequential or otherwise) arising out of your access to or use of the Website or any Content.

5.2 In the event that the exclusion of liability in clause 5.1 is unenforceable Kiwi Families limits its liability to direct loss only and to a maximum of NZD1,000.

5.3 Except as expressly provided in these terms and conditions, all warranties, terms and conditions (whether express or implied) are excluded to the fullest extent permitted under applicable law.

6 Miscellaneous Provisions

6.1 These terms and conditions are governed by the laws of New Zealand and the courts of New Zealand will have jurisdiction over any dispute arising in respect of the Website or these terms and conditions.

6.2 Kiwi Families reserves the right to assign the benefit of the whole or part of any of its rights under these terms and conditions to any third party.

6.3 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

6.4 No delay or failure by Kiwi Families to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

7 Email Communications

7.1 We contact our KiwiFamilies members from time to time with information that we consider may be useful to members and to update members on what’s happening at KiwiFamilies. By registering as a KiwiFamilies member, you consent to receiving electronic messages from KiwiFamilies containing such information. However you can at any time tell us that you do not wish to receive such communications from us and we will not send you anything further.

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