These terms and conditions (the “Terms and Conditions”) govern the use of www.kiwihoopers.com (the “Site”). This Site is owned and operated by Kiwihoopers.com. This Site is a news or media website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT
HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Kiwihoopers.com and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
User Contributions
Users may post the following information on our Site:
- Photos;
- Videos; and
- Articles.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Posting on kiwihoopers.com, rules of engagement: Anyone who posts comments by way of public forum or contributes in any way to a Site must abide by the following rules. If the Site has specific rules or terms to the contributing area those specific rules or terms will apply if there is any inconsistency with these rules.
- Contributions must be civil and tasteful.
- No disruptive, offensive or abusive behaviour.
- No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
- No advertising.
- No spoilers: material which contains plot developments which have not yet been transmitted on New Zealand television are not permitted.
- Contributions containing languages other than English may be removed unless allowed in the Site’s relevant local rules.
- No impersonation.
- No inappropriate (e.g. vulgar, offensive etc) user names.
- No reference to specific URLs (website addresses) unless allowed under the Site’s relevant local rules.
- Deliberate misuse of the facility is not permitted. If you persist in doing this, action may be taken against your account, including suspension or termination.
We suggest that you never reveal any personal information about yourself or anyone else in a public forum (e.g. telephone number, home address or email address), and please do not include postal addresses of any kind. If you have a helpful address to share, inform the host of the Site using the ‘Contact Us’ link, and they will promote it if they see fit.
If you are under 16 years old, please get a parent’s or guardian’s permission before contributing to the Site.
If you see a comment/posting that you believe to be inappropriate please let us know.
Our rights to use your content
Any content you submit to a Site, including text, graphic, audio and video (“Material”) must at the time of submission be yours to do with as you wish. By providing the Material to kiwihoopers.com through a Site you are declaring:
- you have the right to make the Material available to kiwihoopers.com;
- you grant kiwihoopers.com a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright, moral and publicity rights with respect to the Material worldwide and/or to incorporate the Material in other works in any media now known or later developed for the full term of any rights that may exist in the Material (including the right to exploit the Material);
- you have obtained any required clearances in relation to the Material (including any
- required consents/releases of people appearing in the Material);
- the Material does not infringe any law and is not defamatory in any way.
If you do not want to grant to kiwihoopers.com the rights set out above, do not submit the Material. You indemnify kiwihoopers.com against all legal fees, damages and other expenses that may be incurred by kiwihoopers.com as a result of your breach of the above declaration.
Accounts
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
If you are under 16 years old, please get a parent’s or guardian’s permission before creating an account on our Site.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
- Appeals; and
- Digital Collectibles.
The following services are available on our Site:
- News;
- Information gathering; and
- Providing Highlight of athletes.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site.
We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps: Cancel anytime.
Payments
We accept the following payment methods on our Site:
- Credit Card; and
- PayPal.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
- Delivery varies from regions..
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside the United States your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Those sites are not part of kiwihoopers.com and, unless otherwise indicated, are not under kiwihoopers.com control. No links appearing in the Sites and no external sites linked to the Sites are endorsed by kiwihoopers.com and no responsibility is taken for material in them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify kiwihoopers.com against any liability arising out of your accessing any linked site.
Limitation of Liability
Kiwihoopers.com and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Kiwihoopers.com and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of California.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Kiwihoopers.com are unable to resolve any dispute through informal discussion, then you and Kiwihoopers.com agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Kiwihoopers.com.
Notwithstanding any other provision in these Terms and Conditions, you and Kiwihoopers.com agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these
Terms and Conditions or post a notice on our Site.
Privacy Notice
See our Privacy Notice for details on how we collect and use your personal information across the Sites.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
You can also contact us through the feedback form available on our Site.
Effective Date: 2nd day of November, 2022