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Terms & Conditions

Service Terms & Conditions

Last updated Monday, April 15, 2002

ACCEPTANCE OF AGREEMENT

The Services from KiwiBiz.com is provided to you ("User") under the terms and conditions of this Agreement. Before becoming a client of KiwiBiz.com, please read carefully the following agreement. By completing the application process and ticking the [Yes, I accept the terms & conditions], you are accepting the terms and conditions of this agreement. KiwiBiz.com may modify this agreement at any time with or without notice to you.

DESCRIPTION OF SERVICE

KiwiBiz.com provides easy-to-use website building tools and simple hosting plan for small business to establish their web presence. 30-day free trial account is given to all eligible users. Premium services are provided upon payment received.

REGISTRATION OBLIGATIONS

In consideration of your use of the Services, you agrees to: (a) provide true, accurate, current and complete information about yourself as prompted by the Application Form, and (b) maintain and update this information to keep it true, accurate, current and complete. If any information provided by User is untrue, inaccurate, not current or incomplete, KiwiBiz.com have the right to terminate User's account and refuse any and all current or future use of the Services. KiwiBiz.com reserves the right to delete any free-trial account after 30-day free trial ends.

REFUND

A refund may be requested at any point only for UNUSED PRE-PAID MONTHLY HOSTING FEES. Any discount will be recovered if a refund is requested. NO REFUND WILL BE GIVEN FOR OTHER SERVICES.

TERMINATION

(i). User can elect to terminate the service at any point. A refund will be given according our Refund Policy (see above).

(ii). User agrees that KiwiBiz.com or its third party service providers may terminate User's password, account or use of the Services if KiwiBiz.com or its third party service providers believe (a) that User has violated or acted inconsistently with the letter or spirit of the User Agreement, or (b) that User has violated the rights of KiwiBiz.com or its third party service providers or other Users or parties. User further agrees that KiwiBiz.com and its third party service providers may terminate User's password, account or use of the Services if User fails to use the Services at least one time during a reasonable period of time as determined by KiwiBiz.com from time to time, which period shall not be less than six months.

(iii). User acknowledges and agrees that any termination of Services under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that KiwiBiz.com may immediately delete User's account and all related information, communications and files, any further access to such account, communications, files or the Services.

PRIVACY POLICY

Information, collected through application process, about you is subject to our privacy policy. For more information, please see KiwiBiz.com's Privacy Statement

MEMBER ACCOUNT, PASSWORD AND SECURITY

User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User's password or account. User agrees to (a)immediately notify KiwiBiz.com of any unauthorised use of User's password or account or any other breach of security, and (b)ensure that you exit from your account at the end of each session. KiwiBiz.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

USER'S RESPONSIBILITIES

(i). User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other Users. User agrees to be solely responsible for the contents of User's private and public communications uploaded, posted, emailed or otherwise transmitted through the Services.

(ii). User agrees (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Services; and (d) to comply with all applicable laws regarding the transmission of technical data exported from New Zealand.

(iii). User agrees not to upload, post, email or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including but not limited to the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorised advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. User agrees not to attempt to gain unauthorised access to other computer systems or networks connected to the Services.

INDEMNITY

User agrees to indemnify and hold KiwiBiz.com and its third party service providers, and its partners, subsidiaries, affiliates, officers, and employees, h armless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Services, User's connection to the Services, User's violation of the User Agreement, or User's violation of any rights of another.

NO RESALE OF SERVICE

User agrees not to resell the Services or use of or access to the Services.

STORAGE OF COMMUNICATIONS

KiwiBiz.com and its third party service providers assume no responsibility for the deletion or failure to store email messages, communications or other content maintained or transmitted through the Services. Company may establish an upper limit on the size of message storage it will maintain for User.

DEALINGS WITH ADVERTISERS

User's correspondence with or participation in promotions of advertisers found on the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. User agrees not to hold KiwiBiz.com or its third party service providers liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

LINKS

The Services may provide, or Users may include in email or postings, links to other Websites or resources. User acknowledges and agrees that KiwiBiz.com and its third party service providers are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User agrees that Company, Partner and their third party service providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

COMPANY'S PROPRIETARY RIGHTS

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorised by KiwiBiz.com or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.

DISCLAIMER OF WARRANTIES

(i). USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT MEMBER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

(ii). KiwiBiz.com AND ITS THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(iii). KiwiBiz.com AND ITS THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

(iv). USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICES IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

(v). KiwiBiz.com AND ITS THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICES.

(vi). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM KiwiBiz.com AND ITS THIRD PARTY SERVICE PROVIDERS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

(vii). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

(i). USER AGREES THAT KiwiBiz.com AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF COMPANY, PARTNER OR THEIR THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(ii). USER FURTHER AGREES THAT KiwiBiz.com AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

(iii). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE

Any notice to User or to the Services shall be made via either email or regular mail. The Service may also provide notices of changes to the User Agreement or other matters by displaying notices to Users generally on the Services.

GENERAL

(i). KiwiBiz.com shall not be liable to User for any breach by Partner of this Agreement or the Privacy Policy.

(ii). The User Agreement and the relationship between User and KiwiBiz.com shall be governed by the laws of New Zealand without regard to its conflict of law provisions. User and KiwiBiz.com agree to submit to the personal and exclusive jurisdiction of the courts located within New Zealand.

(iii). The failure of KiwiBiz.com and its third party service providers to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect.

(iv). User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(v). The section titles in the User Agreement are for convenience only and have no legal or contractual effect.


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