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KiwiShopper
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Terms & Conditions

Introduction

This terms of website use (together with any documents referred to in it such as the Privacy Policy) tells you the terms on which you may use this Site (“the Terms”). We operate this Site for the purpose of promoting and facilitating auction and property services. By using this Site (including accessing, browsing or registering to use this Site), you confirm that you accept these Terms and that you agree to comply with them.  If you do not agree to these Terms then you must not use this Site.

You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent.

Registration

You warrant that:

The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by e-mail, or using our website contact form. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

 

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

 

Our rights

We reserve the right to:

modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

 

General

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

 

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

 

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.

 

The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

 

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

 

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

 

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

any loss of goodwill or reputation; or

any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

 

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

 

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

 

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what BCA Europe and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.

Changes to these Terms

From time to time we may modify the Terms.  It is your responsibility to continue to review these Terms whenever accessing or using this Site. The most recent version of the Terms will apply whenever you use this Site.

 

Other Applicable Terms

There are additional terms which apply to this Site namely our Privacy Policy which can be found on this Site and if you purchase any goods or services from our Site then our terms and conditions of supply in relation to those goods or services will apply to such sales.

 

Changes to this Site

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.  We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

 

No Reliance on Information

Whilst we take reasonable steps to ensure the accuracy of the information accessed via this Site, we make no representations, warranties or guarantees, whether express or implied, as to the accuracy, timeliness or completeness of any information or material appearing on this Site. The information does not constitute professional advice on any particular matter. Whilst the information is believed to be valid for the purpose of general information, we cannot be held responsible for the outcome of actions based on the information.You must obtain  professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.

 

Intellectual Property / Copyright Notice

This Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together “Content”) are protected by copyright, trade marks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this Site is entitled to view any part of the Content. However, the Content must not be used nor reproduced (in whole or part) by you for any other purpose including on or in connection with another website or publication or for direct commercial gain. Furthermore, any links to this Site must be notified to and approved by us before they are created or steps are taken to create the same.

 

Your Obligations

You will use the Site only in accordance with these Terms and for lawful purposes only. Any password that we may provide to you must be kept secure and not disclosed to any third party. You will be liable for any unauthorized use of your password.

 

Accessing our Site

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site.  You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and any other applicable terms and that they comply with them.

 

Links to our Site

Websites or pages to which this Site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any damage or losses that may arise from your use of the same.

 

Data Protection

By using this Site and using any service provided through this Site you agree to these Terms and consent that we may process any personal data that is collected from you in accordance with our Privacy Policy found on this Site www.johnpye.co.uk/privacy-policy/.

 

No Warranty

This Site and its content are provided “as is” and “as available” and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

We accept no liability for functions contained on the Site and make no warranty that the Site will operate error-free or that any defect will be corrected.

 

Limitation of Liability

You acknowledge that your use of this Site and its content is at your own risk.

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

 

use of, or inability to use, our Site; or

use of or reliance on any content displayed on our Site.

Please note that in particular, we will not be liable for:

 

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

We will not be liable for any 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 Site or to your downloading of any content on it, or on any website linked to it.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods of services to you, which will be set out in our applicable terms and conditions of supply.

 

Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses or that it will be compatible with your computer equipment.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

 

Local Laws and Regulation

This Site is not directed at persons in a jurisdiction where for any reason the Site’s publication or availability is prohibited and any person for whom such a prohibition applies must not access the Site. Those who access the Site do so on their own initiative and are responsible for compliance with applicable local laws or regulations.

 

Validity of Provisions and Remedies

If any provision of these conditions is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected.

 

Waiver

No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

 

Contact Us

To contact us, please email contact@kiwishopper.co.nz

Thank you for visiting our Site.