Terms of service

Terms of Service

OVERVIEW

This website is operated by Tui and the Kiwi Limited (“Tui and the Kiwi”). Throughout the site, the terms “we”, “us” and “our” refer to Tui and the Kiwi. Tui and the Kiwi offers this website, including all information, tools and services available from this site or any social media website or page, containing pages or content established by, or associated with Tui and the Kiwi (collectively the “Site”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/or purchasing something (“Goods”) from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

These Terms and Conditions must be read in addition to the respective terms and conditions governing the use of social networking sites, such as Facebook and Instagram, as published by the relevant social networking site. By accessing a social networking site you agree to be bound by, and comply with, the terms and conditions of that social networking site, provided that these Terms of Service, along with our Privacy Policy, are paramount where there are inconsistencies with the general terms and conditions published by the relevant social networking site.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - LICENSE

Tui and the Kiwi grants you a limited license (“License”) for the purpose of learning about Tui and the Kiwi and its products, registering, ordering and paying for Tui and the Kiwi products, and making personal use of the Sites. Any contravention by you of these Terms of Service terminates the License immediately.

Under no circumstances, without the prior written approval of Tui and the Kiwi, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Site other than in accordance with the License. You shall not use any data gathering and extraction tools or software to extract information from the Site. You shall not frame or utilize framing techniques to enclose any of the contents of the Site without Tui and the Kiwi’s express prior permission. You may not use any meta-tags or other hidden text which incorporate Tui and the Kiwi’s name or any of its intellectual property including trademarks without Tui and the Kiwi’s express prior permission.

You agree to fully indemnify Tui and the Kiwi for any loss or damage it may suffer in contract, tort, equity, statue, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in respect of any third party claims against Tui and the Kiwi its related parties, employees, contractors or agents, that may arise as a result of your breach of the License.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

While Tui and the Kiwi endeavours to take all reasonable and appropriate care in the preparation of the content on the Site and has no reason to believe that any information contained on the Site is inaccurate, Tui and the Kiwi does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free.

The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

You acknowledge that you have made your own investigations as to the fitness of the Goods for your purpose.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Goods or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All descriptions of Goods, specifications, quantities and prices of Goods depicted on the Site are subject to change at any time without notice. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only.

SECTION 7 - ORDERS

You may order Goods described on the Site for the price specified on the website. All prices are expressed in either:

New Zealand dollars and are inclusive of goods and services tax chargeable under the Goods and Services Tax Act 1985 (“GST”); or

Japanese Yen and inclusive of Consumption Tax (10%).

The price including tax is shown in the sales price.

Tui and the Kiwi reserves the right to amend the prices of Goods from time to time without prior notice.

You agree to provide current, complete and accurate purchase and account information, including; your name, email address, credit card details, billing address, delivery address and any other ordering information specified on the Site.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

While Tui and the Kiwi will use its best endeavours to ensure your order is met, Tui and the Kiwi provides no warranty as to the availability of Goods ordered on the Site.

Payments cannot be split into multiple credit/debit/prepaid cards.

Orders cannot be sent to multiple recipients.  Only one delivery address per order.

SECTION 8 - CANCELLATION

You may not cancel an order once our fulfilment process for your order has started. Tui and the Kiwi may reject your order at any time and is not required to give reasons for rejecting your order.

SECTION 9 - REJECTION OR REFUSAL

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

If we reject your order for any reason, neither you or we will be under any further obligation to the other arising out of your order or our rejection of that order.

If we reject your order we undertake to reimburse you for any payments already received by us.

SECTION 10 - DELIVERY

Delivery of the Goods to you will take place in the manner chosen by Tui and the Kiwi unless agreed otherwise with you. Tui and the Kiwi will not be liable for any delay in delivery of Goods ordered or non-delivery of Goods ordered, other than in accordance with the provisions of the Consumer Guarantees Act 1993.

SECTION 11 - TITLE

Title in the Goods does not pass to you until payment has been received in full by Tui and the Kiwi or its agent. You acknowledge that these Terms of Service create a security interest as defined in the Personal Property Securities Act 1999 (NZ) in favour of Tui and the Kiwi in any Goods purchased from this website, and that Tui and the Kiwi may at any time register a financing statement on the Personal Property Securities Register to protect its security interest in the Goods. While Tui and the Kiwi retains title to the Goods you must properly store the Goods and ensure the Goods are identifiable as Tui and the Kiwi product.

SECTION 12 – PAYMENT

Payment must be effected in the manner described on the website. Prices are inclusive of taxes, duties and charges imposed or levied in New Zealand or Japan in connection with the supply of the Goods, unless otherwise stated.

Where payment is by credit card, you will be liable for all orders placed using your credit card.

SECTION 13 - COMBINED TERMS

These Terms of Service together with any additional terms and conditions contained in the invoice or any other similar document issued by Tui and the Kiwi shall be the terms which govern your purchase of the Goods.

SECTION 14 - POSSESSION AND RISK

Possession and risk in the Goods shall pass to you upon delivery of the Goods to the delivery address supplied by you when placing an order.

SECTION 15 - INCORRECT ORDERS, DEFECTIVE GOODS AND RETURNS

Short or incorrect Orders must be reported to Tui and the Kiwi within 48 hours from the time of delivery of the order together with the invoice number.

For more detail, please review our Return Policy.

If Goods are purchased on the Site, and those Goods do not conform to specification or are defective, please review our Return Policy.  Tui and the Kiwi will at its option, replace such Goods or refund the purchase price.

SECTION 16 - NOTIFICATION OF PROBLEM

Tui and the Kiwi shall not be liable for any damage, discrepancy or shortage in the Goods unless you notify Tui and the Kiwi and the carrier within 48 hours of the time of delivery of the Goods.

SECTION 17 - DONATIONS

Tui and the Kiwi may from time to time donate a percentage of the sale price of any Goods to any charity of our choosing. The Goods to which this applies and the charity or charities chosen by Tui and the Kiwi are shown on the Site. Nothing in these Terms of Service comprises an endorsement of Tui and the Kiwi products by any recipient of a donation.

SECTION 18 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 19 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links (“Linked Websites”) on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Our third-party links on this Site should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary.

The Site may contain information which is obtained from third parties and which those third parties or Tui and the Kiwi may post on the Site from time to time. Such information is provided for convenience only and Tui and the Kiwi does not necessarily endorse the products or services referred to in the information.

SECTION 20 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

The following provisions apply to any comments, statements, blogs, feedback or interactions that you wish to post and are posted (“Post”) on the Site:

(a)  Tui and the Kiwi reserves the right without notice or explanation to:

(i)  not allow the posting of any specific Post; and

(ii)  edit any specific Post; or

(iii)  remove any Post;

(b)  Personal abuse, foul language, inappropriate subject matter or discriminatory remarks of any nature will not be tolerated;

(c)  You agree to indemnify Tui and the Kiwi on demand for any loss or costs of whatever nature suffered by Tui and the Kiwi whether direct or consequential as a result of any breach by you of the paragraphs a. and b. above.

If you believe that any Post included on the Site is inaccurate or inappropriate then please contact us immediately and we will do our best to resolve the issue.

Unless explicitly stated otherwise the comments or statements posted on the Site by others do not represent the opinions of Tui and the Kiwi regardless of whether Tui and the Kiwi may have edited or formatted such comments or statements in the course of their being posted on the Site.

SECTION 21 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 22 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  Tui and the Kiwi has no obligation to supply products at the incorrect price.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 23 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Site; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Site. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 24 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Tui and the Kiwi, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

In the event that any limitation or provision contained in these Terms of Service is held to be invalid or unenforceable for any reason and Tui and the Kiwi becomes liable for any loss or damage that would otherwise have been excluded, Tui and the Kiwi’s maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Site is to be limited to $50 in New Zealand currency.

SECTION 25 - EXCLUSION OF WARRANTY

To the fullest extent permitted by law, in relation to your access and use of the Site any condition or warranty either express or which would otherwise be implied by law into these Terms of Service is hereby excluded.

Tui and the Kiwi further notes that the information accessed through the Site is to inform you of Tui and the Kiwi’s range of products and their use. Tui and the Kiwi does not engage in offering professional medical or health advice. The information accessed through the Site is not intended to be complete or diagnose or treat a health problem or disease.

If you have a health problem or suspect you have a health problem please consult your health adviser.

SECTION 26 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Tui and the Kiwi and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 27 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 28 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 29 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 30 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

Details contained on the Sites relating to Goods, including any descriptions or claims made in relation to Goods, have been prepared in accordance with New Zealand law and may not satisfy the laws or regulations of any other jurisdiction. We do not warrant that the details, descriptions or claims on the Site concerning Goods will satisfy the laws of any other jurisdiction.

It is your responsibility to determine whether these details, descriptions and claims satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand) and if the details, descriptions or claims do not satisfy the laws of your jurisdiction, you may not order any Goods from the Site.

SECTION 31 - DISPUTES

In the event of any problem with the Site or any content, you agree that your sole remedy is to cease using the relevant Site.

SECTION 32 - FAILURE TO COMPLY

Tui and the Kiwi accepts no liability for any failure to comply with these Terms of Service where such failure is due to circumstances beyond its reasonable control.

SECTION 33 - BREACH

In the case of a breach of these Terms of Service by you or any other person, Tui and the Kiwi is free to decide whether it wishes to take action for such breach, and if so when and how. Tui and the Kiwi will not be prevented by passage of time or any other matter, from exercising its rights.

SECTION 34 - NO ASSIGNMENT

You may not assign any of your rights or obligations pursuant to these Terms of Service.

SECTION 35 - WAIVER

If we delay or do not exercise any of our rights or remedies under these Terms of Service, that will not be a waiver of the right or remedy.

SECTION 36 - RETAIN A COPY

You should print out and retain or otherwise store a copy of these Terms of Service for your future reference.

SECTION 37 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 38 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@tuiandthekiwi.co.nz.

Last updated: 31 March 2024