Introduction
These terms and conditions govern your use of this website; by using this
website, you accept these terms and conditions in full. If you disagree with
these terms and conditions or any part of these terms and conditions, you must
not use this website.
You must be at least 18 years of age to use this website. By
using this website you:
1. Warrant and represent that you are at least [18] years of age
2. Agree that the exclusions and limitations of liability set out in the Terms
and Conditions are reasonable
3. Accept these Terms and Conditions.
If you do not accept the Terms and Conditions described on
this page, please discontinue using this site immediately.
License to use website
Unless otherwise stated, Kiwi Cafe and/or its licensors own the intellectual
property rights in the website and material on the website. Subject to the
license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print
pages from this website for your own personal use, subject to the restrictions
set out below and elsewhere in these terms and conditions.
You may not:
• republish material from this website (including republication on another
website);
• sell, rent or sub-license material from the website;
• reproduce, duplicate, copy or otherwise exploit material on this website for
a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website
Acceptable use
You may not use this website in any way that causes, or may cause, damage to
the website or impairment of the availability or accessibility of the website;
or in any way which is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or
activity.
You may not use this website to copy, store, host, transmit,
send, use, publish or distribute any material which consists of (or is linked
to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit
or other malicious computer software.
You may not conduct any systematic or automated data
collection activities (including without limitation scraping, data mining, data
extraction and data harvesting) on or in relation to this website without Kiwi
Cafe's express written consent.
You may not use this website to transmit or send unsolicited
commercial communications.
You may not use this website for any purposes related to
marketing without Kiwi Cafe's express written consent.
No warranties
This website is provided “as is” without any representations or warranties,
express or implied. We makes no representations or warranties in relation to
this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing
paragraph, Kiwi Cafe does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or
non-misleading.
Nothing on this website constitutes, or is meant to constitute,
advice of any kind. If you require advice in relation to any [legal, financial
or medical] matter you should consult an appropriate professional.
Limitations of liability
Kiwi Cafe will not be liable to you (whether under the law of contact, the law
of torts or otherwise) in relation to the contents of, or use of, or otherwise
in connection with, this website:
• to the extent that the website is provided free-of-charge, for any direct
loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated
savings, loss of contracts or business relationships, loss of reputation or
goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Kiwi Cafe has
been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied
by law that it would be unlawful to exclude or limit; and nothing in this
website disclaimer will exclude or limit Kiwi Cafe liability in respect of any:
• death or personal injury caused by Kiwi Cafe negligence;
• fraud or fraudulent misrepresentation on the part of Kiwi Cafe; or
• matter which it would be illegal or unlawful for Kiwi Cafe to exclude or
limit, or to attempt or purport to exclude or limit, its liability.
Restricted access
Access to certain areas of this website is restricted. Kiwi Cafe reserves the
right to restrict access to areas of this website, or indeed this entire
website, at Kiwi Cafe’s discretion.
If Kiwi Cafe provides you with a user ID and password to
enable you to access restricted areas of this website or other content or
services, you must ensure that the user ID and password are kept confidential.
may disable your user ID and password at our sole discretion
without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including
without limitation text, images, audio material, video material and
audio-visual material) that you submit to this website, for whatever purpose.
You grant Kiwi Cafe a worldwide, irrevocable, non-exclusive,
royalty-free license to use, reproduce, adapt, publish, translate and
distribute your user content in any existing or future media. You also grant to
Kiwi Cafe the right to sub-license these rights, and the right to bring an
action for infringement of these rights.
Your user content must not be illegal or unlawful, must not
infringe any third party’s legal rights, and must not be capable of giving rise
to legal action whether against you or Kiwi Cafe or a third party (in each case
under any applicable law).
You must not submit any user content to the website that is
or has ever been the subject of any threatened or actual legal proceedings or
other similar complaint.
Kiwi Cafe reserves the right to edit or remove any material
submitted to this website, or stored on our servers, or hosted or published
upon this website.
Notwithstanding Kiwi Cafe’s rights under these terms and
conditions in relation to user content, Kiwi Cafe does not undertake to monitor
the submission of such content to, or the publication of such content on, this
website.
Other parties
You agree that you will not bring any claim personally against Kiwi Cafe’s
officers or employees in respect of any losses you suffer in connection with
the website.
You agree that the limitations of warranties and liability set out in this
website disclaimer will protect Kiwi Cafe officers, employees, agents,
subsidiaries, successors, assigns and sub-contractors.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be,
unenforceable under applicable law, that will not affect the enforceability of
the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Kiwi Cafe against any losses, damages, costs, liabilities
and expenses (including without limitation legal expenses and any amounts paid
by Kiwi Cafe to a third party in settlement of a claim or dispute arising out
of any breach by you of any provision of these terms and conditions, or arising
out of any claim that you have breached any provision of these terms and
conditions.
Assignment
Kiwi Cafe may transfer, sub-contract or otherwise deal with Kiwi Cafe's rights
and/or obligations under these terms and conditions without notifying you or
obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or
obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or
other competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect. If any unlawful and/or unenforceable
provision would be lawful or enforceable if part of it were deleted, that part
will be deemed to be deleted, and the rest of the provision will continue in
effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Kiwi
Cafe in relation to your use of this website, and supersede all previous
agreements in respect of your use of this website.
Changes to these Terms
We may revise these terms and conditions from time-to-time. Please check this
page regularly to ensure you are familiar with the current version.