Kiwilanders (the Company, we, us, and our) is committed to protecting the personal information of all its website and platform users (Users) in accordance with the Privacy Act 2020 (Privacy Act) and the Information Privacy Principles as set out in the Privacy Act.
This privacy policy will help Users understand how and why the Company collects information, how that information is stored, how they can access and correct that information, and when we might disclose information to third parties.
This privacy policy does not limit or exclude any rights that a User has or may have under the Privacy Act and (where applicable) the General Data Protection Regulation 2016/679 (GDPR).
For further information, please see www.privacy.org.nz.
1.1 These Terms apply to your use of the Website. By accessing and using the Website:
a. you agree to these Terms; and
b. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorized to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorized to access and use the Website, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on October 2023
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability, and cost, including legal costs on a solicitor and own client basis
Personal information means information about an identifiable, living person
Terms means these terms and conditions titled Website Terms of Use
Underlying System means any network, system, software, data, or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us, or our means Kiwilanders
Website means kiwilanders.com
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4.1 You must provide true, current, and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current, and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
a. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b. immediately notify us if you become aware of any disclosure or unauthorized use of your User ID, by sending an email to support@kiwilanders.com
4.3 You must:
a. not act in a way, or use or introduce anything (including any virus, worm, trojan horse, timebomb, keystroke logger, spyware, or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b. unless with our agreement, access the Website via standard web browsers only and not by any other method.
Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction, or monitoring method.
4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to support@kiwilanders.com
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5.1 Unless stated otherwise, we (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos, and look and feel), and the Underlying Systems.
5.2 AI TRAINING: The owner of this website does not consent to the content on this website being used or downloaded by any third parties for the purposes of developing, training or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), except as authorized by the owner in writing (including written electronic communication).
Absent such consent, users of this website, including any third parties accessing the website through automated systems, are prohibited from using any of the content on the website for Artificial Intelligence Purposes. Users or automated systems that fail to respect these choices will be considered to have breached these Terms of Use.
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a. the Website being unavailable (in whole or in part) or performing slowly;
b. any error in, or omission from, any information made available through the Website;
c. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d. any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval, or recommendation of, or responsibility for, those sites or their contents, operations, products, or operators.
6.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries.
You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited and for your own compliance with applicable local laws.
7.1 To the maximum extent permitted by law:
a. you access and use the Website at your own risk; and
b. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
8.1 This Website contains affiliate links and other paid links to products. We may receive a commission for purchases made through these links.
Keep in mind that we may receive commissions when you click our links and make purchases. However, this does not impact our factual reviews and content.
We try our best to keep things fair and balanced, in order to help you make the best choice for you and avoid personal preferences.
8.2 This Website accepts forms of advertising, sponsorship, paid insertions, or other forms of compensation. We are compensated to provide information on products, services, websites, and various other topics.
Even though we receive compensation for our content or advertisements, we always endeavor to give our honest information on those topics or products.
The views and opinions expressed on the Website are purely of the Website Operator.
Any product claim, statistic, quote, or other representation about a product or service should be verified with the service provider, manufacturer, or party in question.
9.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
9.2 We collect non-personally identifiable information from you when you use our site and we take good care of it.
Any of the information we collect may be used in one of the following ways:
To personalize your experience
To improve our website
To promote relevant content
9.3 Cookies
We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through, and interact with our Website. We may collect this type of technical information through the use of cookies and other means.
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognize your browser. If you want to disable cookies, you may do so by changing the settings on your browser.
However, if you do so, you may not be able to use all of the functions on the Website. We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works, and to personalize it to be more relevant and useful to your particular needs.
We may also use this information to assist in making any advertising we display on the Website more personalized and applicable to your interests.
Google: We use Google Analytics to help us improve our website and we use Google Adsense to customize advertisements across the web (more on the Adsense privacy policy).
Facebook: We use Facebook Pixel to customize advertisements across Facebook (more on the Facebook privacy policy).
We do not store, sell, trade, or otherwise transfer to outside parties your personally identifiable information.
However, non-personally identifiable visitor information may occasionally be provided to other parties for marketing purposes. At any point and time you have the ability to delete the cookies: Should you decide to delete your cookies, you can simply do so by deleting them directly from your web browser, to do so, simply follow the instructions in this article (https://www.digitaltrends.com/computing/how-to-delete-cookies/) on how to delete the cookies on all major web browsers.
Access to your information: Using cookies, the Website does not gain access to personally identifiable, use the links above to opt out and disable cookies.
9.5 Security & Liability: We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology. The Website will not be held responsible for any access gained by third parties to your personal profile, whether the login details were provided by you or were otherwise obtained.
9.6 When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
9.7 The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
9.8 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
a. to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third-party supplier to host the Website);
b. in relation to the proposed purchase or acquisition of our business or assets; or
c. where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
9.9 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries that have less legal protection for personal information than New Zealand.
9.10 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at support@www.kiwilanders.com
10.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
10.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
11.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
11.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
11.3 For us to waive a right under these Terms, the waiver must be in writing.
11.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 11.1, continue in force.
11.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability, or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
11.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged, or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty, or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty, or agreement has any effect from the date you agreed to these Terms.
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