TERMS & CONDITIONS
Welcome to the Kiwi Tarps by Everlast website (the “Site”). “Kiwi Tarps” refers to Kiwi Tarps by Everlast Ltd (Company No: 7944796), the company who owns and operates this website, having its registered office at:
Level 26, PwC Tower, 188 Quay Street, Auckland
1. USE OF THIS SITE
Your use of this Site is subject to the following terms and conditions: (a) Your use of this Site must, always, be in compliance with these Terms and must only be for your own, non-commercial, personal use. You are responsible for all communications, including but not limited to, the transmission, uploading or posting of information onto or through this Site by You or through Your login and You shall be responsible for the consequences of any such communications to the Site. (b) You must not use the Site for any of the following purposes, which are expressly prohibited by Kiwi Tarps by Everlast: (i) Communicating, transmitting, posting or uploading of any material that infringes on any rights, including but not limited to intellectual property, of any third party. (ii) Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libelous or abusive. (iii) Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction. (iv) Attempting to interfere in any way with the Site’s or Kiwi Tarps by Everlast’s network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system or network. (c) You are responsible for maintaining the confidentiality of Your login details and You accept responsibility for all activities that occur under Your login. You must notify Us immediately in the event of any unauthorised use or misuse of Your account or where there is any other breach of security. (d) Kiwi Tarps by Everlast reserves the right to revise these Terms at any time and for any reason without notice to You. It is Your responsibility to review these Terms each time You use the Site. (e) We reserve the right to, at any time and without notice to You, revise the products and services available on and through this Site and to change, suspend or discontinue any aspect of this Site without liability to You or to any third party. (f) Kiwi Tarps by Everlast may, at our sole discretion, impose rules for and limits on the use of this Site by You or any other member or restrict Your access to part, or all, of the Site without notice or penalty. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms. (g) Kiwi Tarps by Everlast may impose additional terms and conditions specific to any products, orders or aspects of your use of this Site, including but not limited to, with respect to the ordering, shipment and return of goods purchased through this Site and to any membership reward programs (“Additional Terms”) offered from time to time by Kiwi Tarps by Everlast. These Additional Terms shall be incorporated into and form part of these Terms. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail to the extent of the inconsistency.
2. PRODUCTS AND INFORMATION
Your use of this Site is, at all times, is entirely at Your own risk. Except in respect of any content submitted by clients, Kiwi Tarps by Everlast shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, neither We, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this Site. You acknowledge that any such information may contain errors or inaccuracies and Kiwi Tarps by Everlast expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, We may correct that information without any liability to You or any third party. Kiwi Tarps by Everlast does not make any guarantee as to the availability or suitability of products on this Site. It is your responsibility to determine the suitability of a product or service for You and Kiwi Tarps by Everlast expressly excludes all liability in relation to this. Kiwi Tarps by Everlast reserves the right to, at its sole discretion, limit the quantity of products purchased by any User through this site at any time and for any reason.
3. PROPRIETARY RIGHTS
This Site contains materials that are owned by or licensed to Kiwi Tarps by Everlast. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Site. You may not create a link to this Site from another website or document without the prior written consent of Kiwi Tarps by Everlast. Kiwi Tarps by Everlast does not claim ownership of any content or materials You make available through the Site however You grant Kiwi Tarps by Everlast a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or materials or part thereof without any obligation of compensation or attribution to You. You represent, warrant and covenant to Us that You have the full right to grant to Kiwi Tarps by Everlast the right to use such content or materials in the manner specified in this Clause.
Your use of this Site, is at all times at Your own risk and you assume all responsibility associated therewith. All information, content, materials or products available on or in any way through this Site are provided to You on an as is basis. Kiwi Tarps by Everlast expressly excludes all warranties, express or implied, to the extent permitted by law, including but not limited to those relating to merchantability and fitness for a particular purpose. Kiwi Tarps by Everlast does not warrant that this Site and the services provided herein will be uninterrupted, free from errors, defects, viruses or other harmful components. From time to time this Site may contain links to other third party websites. Kiwi Tarps by Everlast does not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and We expressly exclude any liability which may arise from Your use of or access to those third party websites.
6. LIMITATION OF LIABILITY
Notwithstanding anything else in these Terms, Kiwi Tarps by Everlast, its subsidiaries, assigns and third party providers shall not, under any circumstances be liable to You or any other User of this Site for any direct, indirect, incidental, punitive, special or consequential damages whether based on contract or tort arising out of Your use or inability to use this Site. Kiwi Tarps by Everlast’s total liability to You shall be limited to the amount paid by You to Us for Your product. This Clause 6 applies in respect of all content, information, products and services available on or through this Site.