Terms & Conditions

Terms & Conditions

Last updated: 25 Feb. 2023

1.    ABOUT US

1.1.The websites www.kiwigifts.co.nz (“Our Website”) are sites operated by Aurotor Industrial Limited (“We” or “Us”).

1.2.We are based in New Zealand but ship orders from both domestically within New Zealand, and internationally.

2.    TERMS AND CONDITIONS

2.1.The General Terms described herein incorporate the following terms and policies, collectively referred to as our "Terms and Conditions." These Terms and Conditions apply to all interactions and transactions between us, regardless of whether you access our Website as a registered user or a guest:

2.1.1.             Our Privacy Policy, which outlines how we collect and process any personal data we obtain from you or that you provide to us;

2.1.2.             Our Cookies Policy, which explains the use of cookies and other technologies on our Website;

2.1.3.             Our Terms of Supply of Products, which apply to the purchase of tangible products from us;

2.1.4.             Our Returns Policy, which governs the acceptance of returns of products;

2.1.5.             Our Marketplace Terms and Conditions, which apply to the use of our Marketplace feature;

2.1.6.             Our Marketplace Safety Guarantee, which guarantees purchasers of products via our Marketplace feature;

2.1.7.             Our Referrals Terms and Conditions, which detail our referrals policy;

2.1.8.             Our Promotional Code Terms and Conditions; and

2.1.9.             Any other policies we may publish from time to time, whether or not expressly listed here.

2.2.TERMS AND CONDITIONS USAGE - Prior to using our Website or entering into any arrangement for goods or services with us, it is essential that you carefully read and understand our Terms and Conditions. These terms will apply to all interactions and transactions between us, superseding any other terms contained in any offer you may make (unless expressly confirmed in writing by us). We recommend that you retain a copy of all relevant documents for future reference by printing them.

2.3.ACCEPTANCE OF TERMS AND CONDITIONS - You may be required to expressly accept specific parts of our Terms and Conditions to access certain parts of our Website or undertake particular activities through our Website. However, by using our Website, you are considered to have accepted our Terms and Conditions and are legally bound by them from the moment you begin using our Website, regardless of any specific confirmation requirements. If you do not agree to our Terms and Conditions, you are not authorized to use our Website or purchase products from us.

3.    CHANGES TO TERMS AND CONDITIONS

3.1.We reserve the right to modify or add further Terms and Conditions (or any part of them) at any time at our discretion by amending the relevant document or this page. As such, we recommend that you check this page and any pages outlining other aspects of our Terms and Conditions periodically to stay aware of any changes we have made, as they are legally binding on you.

3.2.If it is reasonably practical, we will attempt to provide you with prior notice of any material changes to our Terms and Conditions and furnish you with a copy of the updated document (or the revised part thereof) via your email address or another suitable means (e.g., a notice on our Website) to ensure that you are informed of the revised Terms and Conditions. We may also request that you expressly agree to any revised Terms and Conditions; however, you will be deemed to have accepted them if you continue using our Website or related services after the publication of any changes.

4.    CHANGES TO OUR WEBSITE

4.1.We may, at our sole discretion, update our Website periodically and modify or discontinue any of the content on it. Nevertheless, please note that any content on our Website may become outdated at any time, and we are not obliged to update it.

5.    ACCESSING OUR WEBSITE

5.1.Our Website is available to you free of charge, but certain products or services on our Website may be subject to charges.

5.2.While we strive to provide uninterrupted access to our Website and its content, we do not guarantee that it will always be available or free from interruptions or errors. We reserve the right to suspend, withdraw, discontinue or change all or any part of our Website without prior notice, and we will not be liable to you if our Website becomes unavailable for any reason.

5.3.You are responsible for making sure that you have the necessary equipment, software, and internet connection to access our Website, and we are not responsible for any costs associated with your internet connection.

5.4.You are also responsible for ensuring that any person who accesses our Website through your internet connection is aware of our Terms and Conditions and complies with them.

5.5.You must accept our Terms and Conditions before you can use our Website or any of the services we provide. Additionally, you must be at least 13 years old to use our Website or any of our services. If you are between the ages of 13 and 18, you must have your parent's or legal guardian's consent to use our Website or any of our services. Finally, you may not use or access our Website or services if you are in a country where we do not offer our products or services.

6.    YOUR ACCOUNT AND PASSWORD

6.1.When you are given a user identification code, password, or any other security information as part of our security procedures, you must keep this information highly confidential and take reasonable steps to protect it from unauthorized access. If you are allowed to choose a password, you should not choose an obvious password that is easy to guess. You must not share your password, user identification code, or other security information with any third party, and you should avoid using the same password on other websites or applications.

6.2.We reserve the right to disable any user identification code or password, whether chosen by you or assigned by us, at any time and without notice if we believe that you have failed to comply with any of the provisions in our Terms and Conditions.

6.3.If you know or suspect that someone other than you knows your user identification code or password, you must immediately inform us at info@kiwigifts.co.nz.

6.4.You may not transfer your account (or any feedback) to any other party without our prior consent.

6.5.We reserve the right to cancel unconfirmed accounts or accounts that we believe have been inactive for an extended period.

6.6.You agree to provide accurate and complete information when registering for an account and to update your information promptly as needed. You acknowledge and agree that we may use the information you provide to verify your identity, determine your eligibility to use our Website, and provide you with customer support.

6.7.You are responsible for all activities that occur under your account, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.

6.8.We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

7.    ACCOUNT CREDIT

7.1.While using our Website, you may accumulate Account Credit, which can be used to buy products and services from us.

7.2.Account Credit can be acquired in various ways, including redeeming a gift voucher, receiving a refund, selling a product on Marketplace, redeeming a promotional code, referring a new customer, and receiving free credit from customer services.

7.3.Account Credit cannot be transferred to any other individual.

7.4.Whether Account Credit can be redeemed or exchanged for cash depends on how it was acquired.

7.4.1.  Referral Credit, Marketplace sales, and refunds of Marketplace Success Fees or Marketplace Delivery Fees can be redeemed for cash.

7.4.2.  Gift Vouchers, credits from promotional giveaways, bonus credits, or any free credits given to you cannot be redeemed for cash.

7.5.Account Credit must be used (or withdrawn to a bank account if eligible to be redeemed for cash) before it expires. Any expired Account Credit balance not used or withdrawn before expiry will be forfeited. The expiry period for Account Credit varies based on how it was acquired.

7.5.1.          Account credit from refunds expires 24 months after being issued.

7.5.2.          Account credit from other sources expires 36 months after being issued.

7.6.We will remind you via email one month before any Account Credit is due to expire, and information on your Account Credit balances (and relevant expiry dates) will also be available in your “My Account” details on our Website. However, it is your responsibility to ensure that your Account Credit is used or withdrawn before it expires and is forfeited.

7.7.If your KiwiGifts account is closed, it is at our discretion to decide whether you are eligible for a refund of any unused Account Credit balance.

8.    INTELLECTUAL PROPERTY RIGHTS

8.1.All intellectual property rights in our Website and the material published on it are owned by us or licensed to us. These works are protected by copyright laws and treaties worldwide, and all rights are reserved.

8.2.You may download extracts or print off one copy of pages from our Website for personal use only. Any other copying or downloading is strictly prohibited without our prior written consent. If you violate these Terms and Conditions by printing, copying, or downloading materials from our Website without permission, your right to use our Website will immediately cease. You must either return the materials to us or destroy any copies you have made, at our discretion.

8.3.You must not modify or alter the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences, or graphics separately from their accompanying text.

8.4.You must acknowledge our status (and that of any identified contributors) as the authors of any content on our Website.

8.5.You may not use any content on our Website for commercial purposes without obtaining a license from us (and our licensors, if applicable).

9.    NO RELIANCE ON INFORMATION

9.1.The content provided on our Website is intended for general information purposes only. We advise that you seek professional or specialist advice before taking any action based on the information found on our Website.

9.2.While we make reasonable efforts to keep the information on our Website accurate, complete, and up-to-date, we make no express or implied representations, warranties, or guarantees regarding the accuracy, completeness, or timeliness of the content.

9.3.You acknowledge that our Website does not provide financial, investment, legal, or any other professional advice, and that no professional relationship is created between you and us through your use of our Website. You agree not to rely on any information found on our Website when making any financial, investment, legal, or other decisions.

9.4.Any opinions expressed on our Website are not necessarily our opinions and do not necessarily reflect the opinions of our employees, agents, contractors, or associated companies.

9.5.Any opinions or statements expressed on our Website are based on specific facts, under certain conditions, and subject to certain assumptions. They should not be used or relied upon for any other purpose, including legal proceedings.

10.           PROHIBITED USES

10.1.                    Your use of our Website must be in compliance with all applicable laws and regulations, and you must not engage in any of the following activities:

10.1.1.       Use our Website:

10.1.1.1.              if you are not legally capable of entering into binding contracts or if you have been suspended from using our Website, either temporarily or indefinitely;

10.1.1.2.              in a manner that violates any local, national, or international laws or regulations, or for any unlawful or fraudulent purpose or effect;

10.1.1.3.              to harm minors or any third parties in any way;

10.1.1.4.              Upload, download, use, or reuse any material that does not comply with our Content Standards (see clause 11.1 below);

10.1.1.5.              Send unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam), or solicit others to do so; and/or

10.1.1.6.              Knowingly transmit, send, or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware.

10.1.2.                   You must not use automated or any other means to create multiple accounts or to access or use our Website or related services, except through our official interface and/or APIs.

10.1.3.                   You must not harvest or collect any information about users of our Website without obtaining their consent and our consent.

10.1.4.                   You must not interfere with or disrupt any other user's access or use of our Website or services.

10.1.5.                   You must not breach or circumvent any security or authentication measures, systems, policies or terminate your account.

10.1.6.                   You must not probe, scan or test the vulnerability of any system or network.

10.1.7.                   You must not reproduce, duplicate, copy, reverse engineer, re-sell, or commercialize any part of our Website or create derivative works from the content on our Website (whether belonging to us or any other party), except with our prior written permission.

10.1.8.       Without authorization, you must not access, interfere with, damage, or disrupt:

10.1.8.1.              any part of our Website;

10.1.8.2.              any equipment or network on where our Website is stored;

10.1.8.3.              any software or hardware used in the providing our Website; or

10.1.8.4.              any equipment, network, or software owned or used by any third party.

11.           USER-GENERATED CONTENT ON OUR WEBSITE

11.1.                    When using any feature that allows you to upload content to our Website or contact other users, you must comply with the Content Standards outlined in clause 12 below.

11.2.                    By uploading content, you warrant that it complies with the Content Standards and indemnify us against any loss, damage, liability, or expense we incur as a result of your breach of this warranty.

11.3.                    While you retain ownership of any content you upload, you grant us a limited license to use, store, copy, distribute, and make it available to third parties to fulfill our obligations and provide any necessary services. The terms of this license are detailed in the following clause.

11.4.                    By uploading, transmitting, creating, posting, displaying, or providing any information, materials, documents, media files, or other content ("User Content") on our Website or through our services, you permit us and our subsidiaries to use that User Content as needed to provide our services. This includes granting us and our subsidiaries an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, digitize, publish, publicly perform, and publicly display the User Content ("User Content License"). However, this User Content License is limited to what is necessary to provide our services, and we will always comply with our obligations to you regarding privacy, confidentiality, and intellectual property use.

11.5.                    The User Content License includes the right for us and our subsidiaries to (a) take any technical steps necessary to process and prepare the User Content for use in providing our services, including modification and/or adaptation, and (b) make the User Content available and sublicense it to our Affiliates (as defined in our Terms and Conditions of Supply) as necessary for providing the services.

11.6.                    We do not claim ownership of your User Content, and you retain any copyright and other rights to it.

11.7.                    You are responsible for protecting and enforcing any intellectual property rights that pertain to your User Content, and we are not obliged to enforce them on your behalf.

11.8.                    You are solely responsible for backing up your User Content to another location outside the Website to avoid potential loss, such as by creating local copies or backups with specialized online backup services.

11.9.                    You are responsible for any issues or consequences arising from your User Content, including any loss or damage incurred by us and our subsidiaries. You warrant and represent that:

11.9.1.                   You affirm that you own all rights to your User Content, or you have the necessary authorization to grant us the User Content License.

11.9.2.                   You guarantee that your User Content will not infringe on any third-party intellectual property or other rights.

11.9.3.                   Your User Content will not contain any material that could reasonably be considered harmful, inaccurate, pornographic, abusive, obscene, threatening, defamatory, or illegal, or that does not comply with any applicable law or our content guidelines.

11.9.4.                   Your User Content will not contain any viruses, harmful software, code, or other means and devices that could damage, harm, disable, or otherwise impact or limit the function and performance of our Website or related services, or any device accessing your User Content, whether belonging to us, any other user, or third party, including servers, networks, nodes, or similar equipment.

11.9.5.                   Your User Content will conform to any age classification rules and requirements, including accurate and adequate classification and rating of your User Content, under the laws and regulations of any country, including the country in which you reside and any other country from which you use our Website.

11.9.6.                   Your User Content usage by us or our subsidiaries will not obligate us or our subsidiaries to pay any monetary contribution, including license fees, dues, or otherwise, to any third party.

11.10.                You are responsible for indemnifying and defending us and our subsidiaries against any loss, damage, liability or expense incurred due to your violation of the warranties mentioned above.

11.11.                We may disclose your identity to any third party who claims that your content posted or uploaded to our Website violates their intellectual property rights or their right to privacy.

11.12.                We are not liable to any third party for the content or accuracy of any content posted by you or any other user of our Website.

11.13.                If we determine that your post violates the content standards, we have the right to remove it from our Website.

11.14.                The opinions expressed by other users on our Website do not necessarily reflect our views or beliefs.

12.           INTERACTIVE SERVICES

12.1.                    Our Website may offer Interactive Services, such as chat rooms and bulletin boards, which allow for user interaction.

12.2.                    We will provide clear information about the nature of any Interactive Service offered, whether it is moderated, and the type of moderation used (e.g., human or technical).

12.3.                    While we will assess possible risks for users from third parties when using any Interactive Service, we are not obligated to monitor or moderate them. We will not be liable for any loss or damage arising from the use of any Interactive Service in contravention of our content standards, whether or not it is moderated.

12.4.                    Our Website and services are not intended for use by anyone under 13 years of age. The use of any Interactive Service by minors between 13 and 18 years of age is subject to the consent of their parent or guardian. We recommend that parents discuss online safety with their children, as moderation is not a guarantee of safety.

12.5.                    If we do moderate an Interactive Service, we will provide a means of contacting the moderator in case of concerns or difficulties.

13.           CONTENT GUIDELINES

13.1.                    These guidelines ("Content Guidelines") apply to all material, including Contributions, that you provide on our Website, whether through Interactive Services or not.

13.2.                    You are expected to adhere to both the intent and the wording of the Content Guidelines, which apply to each part of your Contribution as well as the entirety of it.

13.3.                    Contributions must be truthful (when stating facts), expressed in good faith (when stating opinions), and in compliance with all relevant laws in New Zealand and Australia, as well as in any country where they are posted.

13.4.                    Contributions must adhere to the following Content Guidelines:

13.4.1.                   They must not contain any material that is critical of us or may harm our reputation or goodwill. If you have concerns or issues with us, please contact us directly in private at info@kiwigifts.co.nz.

13.4.2.                   They must not contain any defamatory material about any person.

13.4.3.                   They must not contain any obscene, offensive, hateful, or inflammatory material.

13.4.4.                   They must not promote sexually explicit material.

13.4.5.                   They must not promote violence.

13.4.6.                   They must not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

13.4.7.                   They must not infringe any copyright, database right, trademark, or other intellectual property right of any other person.

13.4.8.                   They must not deceive or mislead any person.

13.4.9.                   They must not be made in breach of any legal duty owed to a third party, such as a contractual duty, fiduciary duty, or duty of confidence.

13.4.10.                They must not promote any illegal activity or activity that violates our Terms and Conditions.

13.4.11.                They must not be threatening, abusive, invade another's privacy, or cause annoyance, inconvenience, or needless anxiety.

13.4.12.                They must not harass, upset, embarrass, alarm, or annoy any other person.

13.4.13.                They must not be used to impersonate any person or misrepresent your identity or affiliation with any person.

14.           VIRUSES

14.1.                    We cannot guarantee that our Website will be free from bugs, viruses or other harmful components that may compromise the security of your information.

14.2.                    It is your responsibility to ensure that your information technology, computer programs, and platform are configured in a way that allows you to access our Website safely. You must take adequate measures to protect yourself against viruses and other harmful components, and use your own virus protection software.

14.3.                    You must not intentionally introduce any malicious or technologically harmful material, including viruses, trojans, worms, logic bombs or any other similar components to our Website. You must not attempt to gain unauthorised access to our Website, servers, or any connected database. You must not attempt to disrupt the service or cause damage to our Website through a denial-of-service or distributed denial-of-service attack. Any breach of this clause may result in criminal charges, and we reserve the right to report any such breach to law enforcement authorities and to disclose your identity. If you breach this provision, your right to use our Website will terminate immediately.

15.           LINKING TO OUR WEBSITE

15.1.                    You may link to the homepage of our Website as long as it is done in a fair and legal manner that does not harm our reputation or take advantage of it for personal gain without our express approval.

15.2.                    You must not suggest any form of association, approval or endorsement on our part where none exists.

15.3.                    You are not allowed to link to our Website from any website that you do not own.

15.4.                    Our Website cannot be framed on any other site, and links can only be created to the homepage of our Website.

15.5.                    We reserve the right to withdraw any linking permission at any time without prior notice to you.

15.6.                    The website(s) linking to our Website must adhere to our Content Standards.

15.7.                    If you want to create links to our Website beyond what is expressly authorized above, please contact us at info@kiwigifts.co.nz.

16.           THIRD PARTY LINKS AND RESOURCES IN OUR WEBSITE

16.1.                    Our Website may contain links to other websites and resources provided by third parties, which are provided for your information only.

16.2.                    We do not have control over the contents of those sites or resources and assume no responsibility for that content. We do not endorse those linked websites, and we will not be liable for any loss or damage that may arise from your use of them.

16.3.                    Some pages on our website may contain the YouTube client embedded in them, and by using our website, you agree to be bound by YouTube's Terms of Service.

16.4.                    The YouTube client embedded in our website collects information about you and your interactions with it, which is collected by YouTube. We have no control over the information collected and its use, which is governed by Google's Privacy Policy.

17.           TRADE MARKS

17.1.                    The trademarks, service marks, trade names, logos, domain names, URLs, and icons (collectively, "Marks") displayed on our Website, whether registered or not, including the KiwiGifts® logo, are either owned or controlled by Aurotor Industrial Limited or licensed to us by third-party owners.

17.2.                    You are not granted any right or license to use any of the Marks displayed on our Website without the express written permission of both us and any applicable third-party owners of the Marks. Unauthorized use of the Marks may violate trademark, copyright, and other laws and regulations.

18.           ADDITIONAL TERMS FOR PRODUCTS SUPPLIED

18.1.                    Our Website features a range of merchandise, goods, and other products ("Products") available for purchase.

18.2.                    If you decide to order any Products from us, the supply of those Products will be subject to additional terms set out in our current Terms of Supply of Products. We urge you to carefully review and understand these terms before placing any orders. Failure to accept these terms will prevent you from being able to order Products from our Website.

19.           CONSUMER GUARANTEES ACT

19.1.                    You recognize that the Consumer Guarantees Act 1993, or any other comparable legislation for consumer protection, does not apply if you acquire any Products or Services for business purposes.

20.           SUBCONTRACTING AND USE OF THIRD PARTIES FOR PROVISION OF PRODUCTS OR SERVICES

20.1.                    Our selected partners may be subcontracted to provide the Services (or a part of it), or to supply Products. In such cases, our responsibility to you for the performance of the Services or supply of the Products will remain.

20.2.                    We will ensure that we only subcontract with reputable parties and that appropriate contractual and practical arrangements are made to ensure that you are not adversely affected by any such subcontracting.

21.           EVENTS OUTSIDE OUR CONTROL

21.1.                    We shall not be held liable or responsible for any failure to perform, or delay in the performance of any of our obligations under a Contract caused by any act or event beyond our reasonable control, including but not limited to, natural disasters, pandemic, terrorist attacks, strikes, lock-outs, riots, war, or any other unforeseeable circumstances ("Force Majeure Event").

21.2.                    If a Force Majeure Event takes place and affects the performance of our obligations under a Contract:

21.2.1.       we will inform you as soon as reasonably possible;and

21.2.2.       our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event;

21.2.3.       we will use reasonable endeavours to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

22.           SUSPENSION AND TERMINATION

22.1.                    The determination of a breach of our Terms and Conditions will be at our discretion. Once a breach has been identified, we reserve the right to take appropriate action as we see fit.

22.2.                    Failure to comply with our Terms and Conditions may result in us taking any or all of the following actions:

22.2.1.                   We may temporarily or permanently withdraw your right to use our Website if you fail to comply with our Terms and Conditions.

22.2.2.                   We may also temporarily or permanently remove any posting or material uploaded by you to our Website as a result of non-compliance with our Terms and Conditions.

22.2.3.                   If there is a breach of our Terms and Conditions, we may issue a warning to you.

22.2.4.                   We may commence legal proceedings against you to seek reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

22.2.5.                   We may take further legal action against you in response to breaches of our Terms and Conditions.

22.2.6.                   In addition, we may disclose any information that we reasonably feel is necessary to law enforcement authorities. We reserve the right to take any other action we reasonably deem appropriate. We exclude liability for any actions taken in response to breaches of our Terms and Conditions.

23.           WARRANTIES

23.1.                    Our Website is provided on an "as-is" basis, unless otherwise expressly stated in our Terms and Conditions, and we exclude all warranties and conditions of any kind, whether express or implied. We do not guarantee or represent that:

23.1.1.                   Our Website is provided on an "as-is" basis, and we exclude all warranties or conditions, whether express or implied, unless expressly stated otherwise in our Terms and Conditions. Specifically, we do not warrant or represent that;

23.1.2.                   Our Website is suitable for any particular purpose, will meet your requirements, or is free from errors or deficiencies, or that it complies with any quality standards;

23.1.3.                   Our Website will be available to you at all times, without interruption or delay;

23.1.4.                   Our Website does not infringe any copyright or violate any laws or regulations, whether in your country of residence or elsewhere;

23.1.5.                   Any information you obtain from us or through the use of our Website is suitable, accurate, complete, or reliable;

23.1.6.                   Any deficiencies in our Website, including defects in performance, operation, or functionality, will be remedied, fixed, or corrected.

23.2.                    Any documents or materials, including software or firmware updates, downloaded, installed, or obtained through our Website are provided by us "as is" and at your own risk. We are not liable for any damage to your mobile phone, software, computer system, or other devices, including the software of the device, or any loss of data resulting from the download and/or use of any such documents or materials.

23.3.                    You are solely responsible for any breach of your obligations under:

23.3.1.       Our Terms and Conditions; and/or

23.3.2.       Any applicable law or regulation in any relevant jurisdiction. You are also responsible for any consequences of such breach, including any loss or damage incurred by you, us, or any third party.

24.           EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY

24.1.                    We exclude, to the maximum extent permitted by applicable law and clause 23.3 below,:

24.1.1.                   We exclude the application of the Sale of Goods Act 1908 to the maximum extent permitted by applicable law and clause 23.3 below.

24.1.2.                   We also exclude all conditions, warranties, representations, or other terms (whether express or implied) that may apply to our Website or any Products supplied by us, except for any specific warranties stated in our Product Warranties and Refunds Policy from time to time.

24.1.3.                   We shall not be liable to any party, including you, for any loss or damage arising under or in connection with our Website or Products supplied by us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable:

24.1.3.1.                 Your use of, or inability to use, our Website;

24.1.3.2.                 Your use of or reliance on any content displayed on our Website;

24.1.3.3.                 Business interruption, loss of profits, anticipated savings, sales, business, revenue, opportunity, goodwill, or reputation;

24.1.3.4.                 Damage to or loss of data;

24.1.3.5.                 Losses suffered as a result of any relationship or transaction between you and any other party;

24.1.3.6.                 Any changes, modifications, extensions, or limitations (including any suspension of your use of our Website or related Services), or any permanent or temporary cessation in the availability of our Website (or any part of it or any associated Services);

24.1.3.7.                 Loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it;

24.1.3.8.             The use of your account data by any person other than yourself through your failure to adequately protect your security details for accessing our Website; or

24.1.3.9.             Any other indirect or consequential loss or damage whatsoever.

24.2.                    If we are found liable to you despite any exclusion of liability clauses in these Terms and Conditions, our maximum aggregate liability to you is limited to the higher of:

24.2.1.     Four times the price or fee paid by you for the Products or Services that directly caused the loss or liability; or

24.2.2.     NZD $1,000 or AUD $1,000.

24.3.                    We do not exclude or limit our liability in the following circumstances:

24.3.1.     for death or personal injury resulting from our breach of obligations;

24.3.2.     for our fraud or fraudulent misrepresentation;

24.3.3.     for liability or obligations under the Consumer Guarantees Act 1993 or under the Australian Consumer Law (ACL) in Schedule 2 of the Australian Competition and Consumer Act 2010; or

24.3.4.     for any losses or damages that may not be lawfully excluded or limited by applicable law.

24.3.5.     If applicable laws do not allow the exclusion of certain warranties, terms, or conditions or the limitation or exclusion of liability for certain types of loss or damage, our Terms and Conditions will be amended to ensure compliance with those laws while preserving the original intent of the relevant provision to the maximum extent possible. Our liabilities and warranties will be limited to the maximum extent permitted by applicable law.

25.           ENTIRE AGREEMENT / NO REPRESENTATIONS

25.1.                    By entering into any dealings with us, you acknowledge that you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in our Terms and Conditions or in a written contract that follows our Terms and Conditions.

25.2.                    Our Terms and Conditions, along with any written contract that follows our Terms and Conditions, constitute the complete and exclusive agreement between you and us, replacing and nullifying any and all other or previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to the subject matter of our Terms and Conditions.

26.           RIGHTS OF THIRD PARTIES:

26.1.                    No other individual or entity will have any rights to enforce any contracts between you and ourselves, unless expressly stated otherwise in our Terms and Conditions or any written agreement between us.

27.           SEVERANCE

27.1.                    Each clause in our Terms and Conditions operates independently. If any court or competent authority deems any of them to be unlawful or unenforceable, that clause will be deemed to have been amended to comply with applicable laws and regulations to the extent necessary while still preserving the original intent of the clause. If it cannot be modified, it will be severed from the relevant document, but the remaining clauses will remain in full force and effect.

28.           WAIVER

28.1.                    Our failure to insist on your performance of any obligation under our Terms and Conditions, or our failure to enforce our rights against you, or any delay in doing so, will not constitute a waiver of our rights or your obligations. If we do waive a default by you, we will only do so in writing, and such waiver will not automatically waive any future defaults by you.

29.           TRANSFER OF RIGHTS AND OBLIGATIONS

29.1.                    We reserve the right to transfer our rights and obligations under these Terms and Conditions to another party, provided that we comply with the obligations set out in our Privacy Policy. In the event of any such transfer, we will make reasonable efforts to inform you in writing or by posting a notice on our Website.

29.2.                    You may not transfer your rights or obligations to another person without our prior written consent.

30.           AUTHORITY

30.1.                    By using our Website or purchasing goods or services from us, you warrant that you have the authority to enter into such transactions on your own behalf, or on behalf of any third party you represent, and to bind such party or parties to these Terms and Conditions.

31.           CONFIDENTIALITY

31.1.                    You acknowledge that any information relating to our business, processes, methodologies, systems, and any other business arrangements ("Confidential Information"), which you become aware of from time to time, is likely to be commercially sensitive information. You undertake to treat such information as our confidential property and will not disclose, divulge or make unauthorized use of any Confidential Information, either directly or indirectly, except to the extent permitted by this clause:

31.1.1.       Confidential Information that is publicly known at the time of its disclosure or is lawfully made available to you will not be subject to this clause;

31.1.2.       If Confidential Information becomes publicly known, other than through a breach of this clause, after disclosure or information being made available to you, it will no longer be subject to this clause;

31.1.3.       If you are required by law, regulation, or order of a competent authority (including any regulatory or governmental body or securities exchange) to disclose Confidential Information, you may do so provided that we are given reasonable advance notice of the intended disclosure.

32.           COMMUNICATIONS BETWEEN US

32.1.                    Whenever we mention "in writing" in our Terms and Conditions, this includes electronic mail (e-mail).

32.2.                    Any communication or notice sent by you to us, or by us to you, concerning or related to the Contract must be in writing and delivered personally, sent by pre-paid first class post or e-mail.

32.3.                    A notice or communication is considered received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or another next working day delivery service, at 9.00 am on the second Business Day after posting domestically, or the tenth business day if sent internationally, or if sent by e-mail, one Business Day after transmission (subject to receipt confirmation according to clause 30.6 below).

32.4.                    To prove the service of any notice, it will suffice to demonstrate, in the case of a letter, that the letter was correctly addressed, stamped, and placed in the post and, in the case of an e-mail, that the e-mail was sent to the right email address given by the intended recipient, and that a confirmation of delivery to that address (whether automated or personally generated) is received by the sender.

32.5.                    These provisions do not apply to serving proceedings or any other documents in any legal action.

33.           APPLICABLE LAW AND JURISDICTION

33.1.                    Our Terms and Conditions are governed by the laws of New Zealand, without regard to any conflict of laws provisions.

33.2.                    Any legal matter arising from our Terms and Conditions, their subject matter, and any related disputes or claims shall be exclusively resolved by the courts of New Zealand. However, either party may still seek injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction that is reasonably considered necessary in the circumstances.

34.           CONTACT US

34.1.                    If you need to contact us, please send an email to info@kiwigifts.co.nz.