Section 1. Use of Material and ServicesThe contents of this Web Site, such as text, graphics, images, software, music, sound, photographs, video, and other material (“Material”), are protected by copyright under both New Zealand and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. Please retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. Unless otherwise provided on the Web Site, it is not permitted to sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. Special rules may apply to the use of certain software, materials and other services provided on the Web Site. Any such special rules are listed on the applicable pages of this Web Site and are incorporated into this Agreement by reference. SKYKIWI is providing users with a variety of services via the Web Site (“Services”). Unless expressly stated otherwise, any new features that augment or enhance the current Services shall be subject to the TOU. In order to use the Material and Services, you must provide all equipment necessary to establish a connection to the Web Site and pay any service fees associated with such connection. Please be aware of that certain Material on the Web Site may be adult-oriented, you must be at least 18 years old to access and view such Material.
Section 2. Member I.D., Password and SecurityTo be a registered member of the Web Site (“Member”), you must be at least 13 years old. Once you become a SKYKIWI Member, you shall receive a Member Login Name and a password for your account. Please maintain the confidentiality of your Login Name, password and any other information of your account. You agree that you are entirely responsible for any and all activities that occur via your account. You may change your password at any time by following instructions. Member agrees to immediately notify SKYKIWI of any unauthorized use of Member’s account or any other breach of security known to Member.
Section 3. Participation in Promotions of AdvertisersMember may send to or receive correspondences from advertisers about promoting advertisers’ products or services. Any such correspondences or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the advertiser. SKYKIWI assumes no liability, obligation or responsibility for any portion of such correspondence or promotion.
Section 4. Disclaimer and Limitation of Liability for SkykiwiMallThe Web Site provides an online shopping area through SkykiwiMall. The merchant who actually sells the products or services via SkykiwiMall is responsible for the delivery of the products or services and the product liabilities whether based on warranty, contract, tort or any other legal theory if there is any. In no event shall SKYKIWI be the seller of the products or services and be liable for the product liabilities in relation to the products or services sold via SkykiwiMall unless otherwise expressly provided on the Web Site. In the case that SKYKIWI is held to be liable for any products or services sold through SkykiwiMall, whether based on warranty, contract, tort or any other legal theory, you agree that SKYKIWI’s maximum aggregate liability shall not exceed the amount actually paid by you for such product or service.
5.1 Information Collection, Sharing and Disclosure. It is SKYKIWI’s policy to respect the privacy of its users. When you sign up as a SKYKIWI Member, SKYKIWI will require your name, email address, gender, date and place of birth, education, occupation, yearly household income, zip code and any other information as required (“Registration Data”). In addition to the Registration Data provided by you, SKYKIWI may also collect and store certain personally identifiable information in SKYKIWI’s secure database, when you visit the Web Site, when you use some of SKYKIWI’s Services, or when you enter promotions or sweepstakes on the Web Site. SKYKIWI also automatically receives and records information from your browser including but not limited to your IP address, the pages you requested and the time of request. SKYKIWI may use the information it obtains relating to you, for its internal business and marketing purposes, including but not limited to (i) fulfilling your requests for certain products and services; (ii) customizing the marketing materials and the content you see on the Web Site; and (iii) contacting you about special and new products or services. SKYKIWI may disclose your information to third parties and share your information, including both personally identifiable and aggregated information, with SKYKIWI’s partners and/or alliances, when (i) SKYKIWI gets your consent to share the information; (ii) SKYKIWI needs to share your information to provide the product or service you have requested; (iii) SKYKIWI needs to send your information to companies who work on behalf of SKYKIWI to provide a product or service to you; (iv) required by subpoenas, court orders or legal process; or when (v) your actions on the Web Site violate the TOU or any of SKYKIWI’s usage guidelines for specific products or services on any applicable web page.
5.2. Cookies. SKYKIWI may set and access its cookies on your computer. The general purposes of using such cookies include but are not limited to (i) authenticating users for services provided by SKYKIWI to them; (ii) counting the number of users accessing the Web Site; (iii) providing users with relevant information according to the preference specified by the users; and (iv) for SKYKIWI’s own convenience to indicate whether a specific user has paid for the subscribed service or not. For your information and notification, as certain companies serve the advertisements within the Web Site, SKYKIWI allows such companies, so-called third-party ad servers or ad networks to set and access their cookies on your computer. Such companies’ use of their cookies is subject to their own privacy policies, not this one. Such companies do not have access to SKYKIWI’s cookies.
5.3 You may edit and delete your SKYKIWI Member account information and preferences. You may also delete your SKYKIWI Member account information and preferences by emailing your deletion request to SKYKIWI while your SKYKIWI login ID and password have been verified.
5.4 Advertisements. SKYKIWI may, on behalf of its advertisers, display or send targeted advertisements to you based upon nonpublic personal information about you, provided however that in the process of doing so, SKYKIWI will not disclose any nonpublic personal information about you to the advertisers. Such advertisers include both financial service providers and non-financial service providers. If you feel interested in such advertisement and respond accordingly, any personal information you give to the advertisers may give the advertisers a clue about the characteristics used by them to select the audience for the advertisement. If you do not want to disclose any information about yourself to the advertisers, do not respond to such advertisements. SKYKIWI will not share your personally identifiable information with any third party when you click on these advertisements.
Section 6. Disclaimer of WarrantiesThe Material may contain inaccuracies or typographical errors. SKYKIWI makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site, the Services and the Material. The use of the Web Site, the Services and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. SKYKIWI DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SKYKIWI IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE, SERVICES AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SKYKIWI AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. SKYKIWI AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 7. LIMITATION OF LIABILITY
IN NO EVENT SHALL SKYKIWI, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKYKIWI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SKYKIWI’S MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED (I) THE TOTAL AMOUNT PAID BY YOU TO SKYKIWI IN CONNECTION WITH THE SERVICES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE FIRST DATE THE LIABILITY AROSE IF SUCH SERVICES HAVE BEEN PROVIDED BY SKYKIWI TO YOU MORE THAN TWELVE (12) MONTHS OR (II) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO SKYKIWI IN CONNECTION WITH THE SERVICES UNDER THIS AGREEMENT IF SUCH SERVICES HAVE BE PROVIDED BY SKYKIWI TO YOU LESS THAN TWELEVE (12) MONTHS.
Section 8. User SubmissionsGenerally, any communication that you post to the Web Site is considered to be non-confidential. If certain Web pages permit the submission of communication that will be treated by SKYKIWI as confidential, that fact will be stated in Legal Notices on those pages. By posting communications to the Web Site, you automatically grant SKYKIWI a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes upon any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters, junk mail, spamming, pyramid schemes or any use of distribution lists to any person who has not given specific permission to be included in such a process; or impersonate another person. User’s use of the Web Site, Services and Material is subject to all applicable local, state, national and international laws and regulations. SKYKIWI does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. SKYKIWI does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications that allegedly do not conform to this Agreement, SKYKIWI may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. SKYKIWI has no liability or responsibility to users for performance or nonperformance of such activities. SKYKIWI reserves the right to expel users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 9. Links to Other SitesThe Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by SKYKIWI of the contents on such third-party web sites. SKYKIWI is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
Section 10. Software LicensesAll software that is made available for downloading from the Web Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of a separate software license agreement or designated Legal Notice accompanying such software (“License Agreement”). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 11. IndemnityYou agree to defend, indemnify, and hold harmless SKYKIWI, its subsidiaries, affiliated companies, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. SKYKIWI shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 12 Export ControlNew Zealand controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the product.
Section 13. Termination
You agree that SKYKIWI, in its sole discretion, may terminate your account and use of the Services on the Web Site, and remove and discard any Material or Services within the Web Site, for any reason, including, without limitation, for lack of use or if SKYKIWI believes that you have violated or acted inconsistently with the letter or spirit of the TOU. SKYKIWI may also in its sole discretion and at any time discontinue providing the Web Site, or any part thereof, with or without notice. You agree that any termination of your access to the Web Site under any provision of the TOU may be effected without prior notice. You agree that SKYKIWI shall not be liable to you or any third-party for any termination under this Agreement.
SKYKIWI won’t give you any refund if you subscribe to any of SKYKIWI’s paid services for a specified period of time (“Subscription Period”) and such subscription is terminated prior to expiration of the Subscription Period, unless such subscription is terminated by SKYKIWI without cause, is terminated due to SKYKIWI’s default or nonperformance, or is expressly allowed in writing to be terminated by you at any time prior to expiration of the Subscription Period.
Section 14. Renewal of Paid Membership ServiceYou agree that your Paid Membership will be automatically renewed at the end of each paid-membership period for the same length of the period chosen most recently by you unless either SKYKIWI or you give written notice of non-renewal to the other party prior to the end of your paid-membership period. Your credit card provided to us most recently will automatically be charged the then-current membership fee for the paid-membership service at the commencement of each renewal period. All fees are non-creditable unless otherwise provided.