Effective date of this policy: 7 September 2022
Terms and Conditions of use of this Website
This website, www.kiwifamilies.co.nz (the “Website”), is operated by Kiwi Family Media Limited (referred to as “Kiwi Families/we/our/us”). As a user of the Website (referred to as “you/your/user”) you acknowledge that any use of the Website is subject to our Terms and Conditions below.
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.
2.1 When you use this Website we may collect the personal information you give us such as your name, address and email address. When you browse our Website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your Website use.
2.2 When you sign up as a Member of the Kiwi Families Website, we may collect personal information you give us to help us provide you with Email Communications that are relevant to you and your family. See Clause 7 below for more specific details.
2.3 We may store your personal information on third party databases (eg Mailerlite, Highrise, Google Analytics, etc.). Notwithstanding Clauses 3.2 and 3.3, we will always use our best endeavours to maintain the security and upkeep of your personal information.
2.4 We will not disclose any personal information we hold about you to a Third Party without your explicit permission.
2.5 You have the right to find out from us whether we hold personal information about you, and to access that information, and, if applicable, to request corrections to that information.
2.6 For Website Users and Members from the European Union, specifically, but including all Users and Members for whom data protection laws exist in your country of residence, by using this Website you consent to us using your personal data, as required in this section. However, you understand, and agree, as per clause 6.1 below, that this Website is operated by a New Zealand-based company, and that the applicable New Zealand data privacy laws are the laws that this company adheres to.
2a European Union data protection
2.1a For Website Users and Members from the European Economic Area (EEA) we provide details of our data controller as per Article 13 (1)(a) of the GDPR. The Data Controller responsible for your personal information is:
ATTN: Data Privacy Officer, PO Box 438, Paraparaumu, Kapiti Coast, New Zealand – email@example.com
2.2a The basis for processing the information referred to in section 2 Privacy is to provide you with the services as outlined in these Terms and Conditions, and elsewhere on this site, including serving advertising to you as per section 8 below.
2.3a If you are a resident of a country in the European Economic Area (EEA), we do not allow you to register for the Site, and will delete your information if you have provided it inadvertently.
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. The information contained on the Website, and any other associated platforms, including written text, images and graphics, video, applications, data and any other digital information contained in the Website is collectively referred to as Content (“Content”).
3.2 Without limiting clause 5 in any way:
(a) Kiwi Families maintains this Website for your personal information, education, and enjoyment. While Kiwi Families seeks to provide accurate, complete and up-to-date information on the Site, no assurance can be given that any, or all, information on the Site is accurate, complete or up-to-date.
(b) 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 All Content submitted to, and published on, the Website remains the Intellectual Property of Kiwi Families. You grant us a non-ending, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content you submit to the Website and associated platforms, in any way we so choose.
4.3 The Website and Content is made available only for your personal use and must not be used for any commercial purpose. You may download, print and save Content for your 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.
4.4 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.
5.1 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 NZD$1,000.
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 by using the Website you agree 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 Kiwi Families members from time to time with information that we consider may be useful to members and to update members on what’s happening at Kiwi Families. By registering as a Kiwi Families member, you consent to receiving electronic messages from Kiwi Families containing such information. However you can, at any time, tell us that you no longer wish to receive such communications from us and we will not send you anything further, and we will remove your personal information from our databases.
8 Sponsored Content, Affiliate Links, Ads and Directory Listings
8.1 We occasionally allow Third Party contributors to create Content for the Website based on their own product or service or expertise in an area of interest to our readers. We carefully screen all Content and contributors before providing this service to you, and always retain editorial oversight of the Content.
8.2a This Website contains affiliate links to Third Party Websites. When you click on an affiliate link, and purchase something from the Third Party Website, we may be paid a commission. We carefully screen all Third Party Websites and their products and services to ensure we are providing users with useful Content. However, please refer to Clause 3.3 before making any purchasing decision.
8.3 We allow some companies to advertise their products and services on the Website. These ads include, but are not limited to, display banner ads, section sponsorship and content sponsorship, competition pages, review pages, email and social platform ads. We always try to ensure we are providing users with useful Content, as well as access to useful products and services. However, please refer to Clause 3.3 before making any purchasing decision.
8.4 We maintain a business service’s directory on the Website (the “Directory”). The Directory service includes premium Featured Listings that are paid placements on the Website. We carefully screen all Third Party Websites and their products and services to ensure we are providing users with useful Content. However, please refer to Clause 3.3 before making any purchasing decision.