Terms & Conditions
By using Hello Kiwi website we operate, you're agreeing to abide by the Terms & Conditions shown at below. Please take a few minute to read.
Date of issue: 17/07/10
Welcome to the Hellokiwi
1. MINIMUM AGE REQUIREMENT
The Sites are intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Sites, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Sites only with the permission and involvement of a parent or guardian.
3. CUSTOMER SUPPORT
4. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
We are not infallible, and therefore we do not warrant that product specifications, pricing, or other content on the Sites is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, Hellokiwi shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
5. ELECTRONIC COMMUNICATIONS
You agree to electronic communication for all of your transactions and communication with Hellokiwi. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
6. CREDIT CARD SECURITY
Hellokiwi work diligently to protect the security of your personal information, including credit card information. Your credit card details do not get processed or transmitted through or via Hellokiwi web site; all transactions are processed through a secure payment service provider. Hellokiwi uses Direct Payment Solutions (DPS) to provide this service. DPS hosts and manages the payment page. All transaction sessions are stored and processed in encrypted strings. Your credit card details are not held by Hellokiwi and cannot be accessed by Hellokiwi staff. However they may be held by Direct Payment Solutions (DPS)
7. NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, Hellokiwi will give you any notices by posting them on the Sites, and you agree that such posting will constitute effective notice. You authorize Hellokiwi to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if Hellokiwi decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by Hellokiwi to the address that you have most recently provided will constitute effective notice. Hellokiwi's address for Legal Notices is: HelloKiwi New Zealand Ltd (host company of Hellokiwi) Auckland, NZ.
8. ABOUT REFUND For Hellokiwi, we do not accept refunds except where the basis of the return is covered by the Consumers Guarantees Act or Fair Trading Act. So when you're at the checkout, take a second to run your eye over your order for any slips of the finger before submitting because once you've submitted it, it's too late!!
9. ABOUT EXCHANGE
Hellokiwi always keep trying to make sure our product descriptions are as detailed as possible and that includes sizing and color guides for our entire products. Please choose carefully as we are unable to exchange product once you've received your order unless we have made a serious mistake in our description or where your request to exchange is covered by the Consumers Guarantees Act or Fair Trading Act. If you think you have enough reason for exchange then please contact us first before sending your order back to us as it may get declined and returned to you. In all cases Proof of purchase is required in order to get an exchange. Please note products returned to us for an exchange must be in a resalable condition with packaging intact and all labels etc returned with the item.and you have to send them back to us within 7 days. Plus, you have to pay attention wait for the new products arrive.if the exchange reason because of our fault,then we will pay all of the cost, if the exchange reason is only because of your decision change, then you have to pay all of the extra cost.
10. MODIFICATIONS TO TERMS AND SITES
11. POSTING CONTENT ON THE SITES; REPRESENTATIONS AND WARRANTIES
You agree to be liable for any content posted using your Account and for any transactions associated with your Account. By displaying or publishing ("posting") any content on the Sites, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content"), you warrant and represent that (a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to Hellokiwi the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein; (b) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to Hellokiwi described herein; and (c) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
12. ABOUT WARRANTY
Hellokiwi's warranty policy covers our products for 12 months from the purchase date. Warranty claims cover any fault, defect or failure occurring as a result of the manufacturing process. Damage or faults occurring as a result of misuse, accident, or wear and tear is not covered by our warranty policy.
13. RETURN DEFECTIVE PRODUCT If you feel that your purchase has a fault that is covered under warranty please contact us, including as much detail as possible (including a photo of the issue if possible or applicable) so that we can assess the problem and advise you of a solution. Of cause you could receive a new product, but you have to pay attention wait for the new products arrive and also you need to pay extra shipping cost (both international and domestic cost) for your change.
14. OWNERSHIP OF RIGHTS; LICENSE RIGHTS
You hereby grant to Hellokiwi a permanent, worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, adapt, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You agree that we may (but are not obligated to) display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content. You acknowledge that the posting of your Content for any period of time is sufficient consideration for the license granted herein to Hellokiwi.
15. PROHIBITED CONDUCT
You agree not to post to the Sites any Content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws). You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Sites; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Sites or extract data or gather or use information, such as email addresses, available from the Sites or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (d) frame any part of the Sites, or link to the Sites, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Hellokiwi; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or performance, or send to or otherwise impact us or the Sites (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Sites or any recipient.
16. MONITORING OF SITE CONTENT
We are under no obligation to restrict or monitor Site Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT Hellokiwi DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT AND THAT USE OF THE SITES IS AT YOUR OWN RISK. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Hellokiwi. Hellokiwi neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Sites by anyone other than authorized Hellokiwi employees acting in their official capacities.
17. PROTECTION OF SITE CONTENT
Our Sites are protected by N.Z and international intellectual property laws, which you agree to respect. All content on the Sites, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of Hellokiwi or its content suppliers. All software used on the Sites is the property of Hellokiwi or its software suppliers.
18. TERMINATION OR CANCELLATION
19. DEALINGS WITH MERCHANTS; LINKS
21. DISCLAIMER OF WARRANTIES
THE SITES MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM Hellokiwi, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITES AND CONTENT AT YOUR OWN RISK. THE SITES ARE PROVIDED BY Hellokiwi ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Hellokiwi MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION OR CONTENT INCLUDED ON THE SITES. Hellokiwi MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Hellokiwi EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
22. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER Hellokiwi, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF Hellokiwi AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
23. CONSUMER GUARANTEE ACT 1993
The Consumer Guarantee Act sets out minimum standards for goods sold by HelloKiwi New Zealand Ltd. In the event that goods sold are not of good quality or are faulty, we have the right to repair, replace or a refund you for the product.
24. FAIR TRADING ACT1986
The Fair Trading Act is designed to protect the customer being misled, either intentionally or unintentionally. This applies to all aspects of the promotion and sale of goods and services including: pricing; where the product was made; where the product is from; the meeting of New Zealand safety standards; availability of products in store and the sales techniques used. The Commerce Commission enforces the Fair Trading Act
25. RETURN A PRODUCT
If you think that you have a valid reason to return under the policies described above please contact us immediately before sending your order back to us as the processes we use are different depending upon your situation. If you don't contact us first it could delay your request or result in your claim being rejected.
26. Non-STOCK SITUATION
While we do everything we can to make sure our stock levels are accurate at all times .however, out of stock situation still might happened to us after you place an order. We will try to inform you as soon as we can and also you could get full refund, or if the products you are really interested in please email us or give us a phone call directly, we believe we could work out the best solution for you.
27. ADDITIONAL TERMS
a. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
c. Jurisdiction; Choice of Law; Export Limitations. The Sites are controlled by us from our offices within the New Zealand. If you choose to access this Site from locations outside the NZ, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Sites in violation of NZ. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Sites will be governed by the laws of the NZ, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Hellokiwi agree to submit to the personal and exclusive jurisdiction of the courts located within NZ. Any disputes regarding such claims or arising under or related in any way to these Terms or the Sites shall be heard exclusively in the appropriate forum in NZ. You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by NZ or federal law.
d. Limitations on Actions. Any action concerning any dispute you may have with respect to the Sites must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
e. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
g. No Waiver. The failure of Hellokiwi to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Hellokiwi's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED Hellokiwi WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY Hellokiwi TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE Hellokiwi PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY Hellokiwi, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO Hellokiwi COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE NZ. THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE TRADEMARKS The trademark "Hellokiwi" and all other trademarks used in the Sites are owned or used under license by Hellokiwi and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Sites or in any Site content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © HelloKiwi New Zealand Ltd.NZ All rights reserved. All content on the Sites is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.