Hikiwi.co.nz - Terms of Use

Thank you for visiting our website. If you want to use www.hikiwi.co.nz, you must agree to conform to and be legally bound by the terms and conditions described below.

Terms of use for Hikiwi.co.nz

1. Acceptance of terms of use and amendments

Each time you use or visit this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site's Privacy policy, which is incorporated within these Terms of use by reference.

If you are concerned about these terms and conditions of use, you should read them each time before you use our website.

Should you object to any term or condition of these Terms of use or become unhappy with Hikiwi in any way, your only choice is to immediately discontinue use of Hikiwi.co.nz.

Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

2. Content policy

This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that the site owner reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. The site owner will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

You agree that all information or data of any kind, whether text, photographs or graphics, or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive.

You also understand that the site's owner does not control, and is not responsible for ads and messages or any other material ("content") made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

We reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.

3. Your responsibilities and conduct

By posting ads on Hikiwi.co.nz, you explicitly agree to this site's Terms of use, including any amendments made by the site editor that are published herein.

You explicitly agree that:

1. you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
2. you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
3. you will not collect or harvest any information about other users, including email addresses;
4. you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including - but not limited to - laws relating to copyrights, trademarks, patents, or trade secrets.

YOU EXPLICITLY AGREE THAT THE SITE OWNER CAN PROVIDE ALL THE NECESSARY AND AVAILABLE INFORMATION (SUCH AS IP ADDRESS) TO LOCAL OR INTERNATIONAL AUTHORITIES (ROMANIAN AND/OR NEW ZEALAND AUTHORITIES), INCLUDING POLICE OR LEGAL AUTHORITIES, IF YOU PUBLISH ADS THAT SEVERELY BROKE THE CURRENT TERMS, INCLUDING, BUT NOT LIMITED TO:

• ADS THAT VIOLATES ANY LAW
• ADS DEPICTING CHILD PORNOGRAPHY
• ADS ADVERTISING ILLEGAL WEAPONS TRAFFIC
• ADS ADVERTISING DRUGS AND ILLEGAL SUBSTANCES TRAFFIC

By providing any content to this web site you warrant and represent that you have all legal, moral, and other rights towards that content. You also acknowledge and agree that the site owner will have the right (but not obligation), at the site owner's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

For any legal matters, including copyright matters, please contact us at
c o n t a c t @ h i k i w i . c o . n z

4. Privacy policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of the site editor's Privacy policy.

5. Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site owner will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

Hikiwi.co.nz and Content available through the website may contain links to other websites, which are completely unrelated to Hikiwi. Hikiwi makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other websites is completely at your own risk.

6. Indemnification

You agree to indemnify and hold harmless the site editor and the site editor's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

7. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND THE SITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE SITE OWNER MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDITOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

9. Applicable law

This agreement is governed by the laws of Romania, an European Union member country.

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