Website Terms of Use

1. General
1.1. This website (Website) is maintained by Kwillow Limited (we, our or us) for the use by any registered or unregistered users of the Website (collectively, you or your).
1.2. The material on the Website resides on a server in New Zealand, and is controlled and operated from our office in New Zealand.

2. Terms
2.1. By accessing or using the Website, you accept, without limitation or qualification, these terms of use (Terms) together with any changes we may make to them and agree to comply by them. If you do not agree to these Terms, please do not use the Website.
2.2. These Terms apply to your use and access of the Website, as well as your submission of any material or communication to us through the Website.
2.3. These Terms do not apply to your use of websites, links or files that we do not own or operate, but to which the Website may link.
2.4. We may change these Terms at any time without notice to you. You should check this page regularly so that you stay informed about the terms and conditions which apply to your use of the Website.
2.5. Some of the provisions of these Terms may also be superseded by provisions or notices published elsewhere on the Website.

3. Intellectual Property and Proprietary Rights Notice
3.1. We own or are the licensee of all intellectual property rights in the Website and the material published on it (Content). These works are protected by New Zealand as well as international property laws including copyright laws and treaties around the world. All such rights are reserved.
3.2. The Kwillow name and logo are trade marks owned by us. They may not be used with any products or services other than those products or services offered by us, or in any manner that is likely to cause confusion.
3.3. You may view or temporarily store extracts from the Website which is incidental to your access of the Website for your personal, non-commercial references without addition, alteration or deletion of the relevant Content or any copyright, trade mark or other proprietary notices. Neither title nor any intellectual property rights will be deemed to be transferred to you.
3.4. You must not use, modify, deep-link, frame, reverse-engineer, decompile, convert, copy, reproduce, republish, resell, upload, post, transmit, distribute, or commercially exploit in any way, any of the Content, the Website or any associated intellectual property by any means (whether electronic, mechanical or by information retrieval systems) without obtaining our express, prior written permission, regardless of the intended use.
3.5. You may not use any meta tags or other hidden text, or use any sponsored or paid Google or other search engine sponsored searched results or links that utilise keywords that directly relate to any of our intellectual property without our express, prior written permission.
3.6. You also agree not to directly or indirectly challenge our intellectual property or proprietary rights in the Website, Content of otherwise, or assist any other party to do so.
3.7. To notify us of any suspected infringement of these Terms, please contact us at sales@kwillowproducts.com.

4. Use of the Website
4.1. You must not misuse the Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or try to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
4.2. You acknowledge and agree that any content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you are entirely responsible for any and all of the content that you upload, post, email or otherwise transmit onto the Website (if any).
4.3. Any material that you upload to the Website will be considered non-confidential and non-proprietary, and you agree that we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

5. Anti-Spam
5.1. Publication of electronic addresses on the Website is for the purpose of professional communication only, and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

6. Accuracy and Completeness
6.1. While we have attempted in good faith to ensure that all the Content contained on the Website is accurate at the time it is included, we make no representation or warranties as to the completeness, reliability or accuracy of any of the Content on the Website.

7. Links
7.1. Where the Website contains links to other websites and resources provided by third parties, these links provided do not imply our endorsement, nor are we responsible for the content of any such linked sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. You access such linked sites at your own risk.
7.2. You may link to the Website with our prior written approval.

8. Warranties and Disclaimers
8.1. You use the Website and the Content at your own risk.
8.2. The services, products and the Content on the Website are provided “as is” and without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we disclaim all warranties (express or implied) including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
8.3. Neither we nor any of our licensors or suppliers warrant that your use of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or other harmful components.
8.4. We assume no responsibility for any error, omission interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of your use of the Website or any other third-party websites through hyperlinks. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software failure of any communication with us on account of technical problems or congestion on the internet or at any website(s), or any combination of the above, including any injury or damage to you or any other person’s computer related to or resulting from use of the Website.
8.5. You acknowledge and agree that (if applicable) we are not responsible in any way for any interaction that occurs between you and any other user of the Website.

9. Limitation of Liability
9.1. You release us from all and any liability for using or not using services, products and/or the Content on the Website.
9.2. To the maximum extent permitted by law, neither we nor our suppliers, licensors or any other party involved in creating or delivering the Website will be liable to you or any other person for any direct, indirect, punitive, incidental, special, consequential or other damages whatsoever or however arising out of or in any way connected with your access to, use of, or your inability to use, the Website, the Content or any products and/or services provided on the Website, even if we have been notified of the possibility of such damages.
9.3. Our liability for breach of implied warranties, conditions or undertakings which cannot in law be excluded is limited to NZ$100.

10. Disputes and Governing Law
10.1. The Terms are governed by and interpreted in accordance with the laws of New Zealand, notwithstanding any principles of conflicts of law.
10.2. By using the Website, you agree that any action at law or in equity arising out of or relating to the Terms, the Website, the Content, any products or services described therein will be filed exclusively in the courts of New Zealand, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts.

11. Jurisdiction and Compliance with Laws
11.1. Regardless of where you choose to access the Website from, you do so on your own initiative and agree to comply with all applicable international and local laws, statutes, ordinances, and regulations regarding your use of the Website and the services described therein.

12. Miscellaneous
12.1. If any provision of these Terms are held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
12.2. Possible evidence of use of the Website and the Content for illegal or abusive purposes will be provided to law enforcement authorities.
12.3. Except as otherwise provided in a written agreement signed by us, these Terms represent the entire understanding between you and us regarding your use of the Website, and your submission of any material or communication to us.
12.4. Any failure on our part to enforce any part of these Terms or to exercise any right we may have under these Terms will not constitute a waiver to any extent of our rights.
12.5. We may assign our rights and obligations under these Terms at any time to any party and, if we do, we will be relieved of any further obligations to you under these Terms.