Terms and Conditions of Use – KVH Website

Welcome to the website of Kiwifruit Vine Health Incorporated (KVH).

These terms and conditions apply to your use of this website. In accessing and using the KVH website and the restricted access information, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions. 

KVH may update the terms applicable to the KVH website and the restricted access information from time to time, and you agree to be bound by such terms as are in effect at the time at which you access the KVH website. If you do not agree with any of the terms, please do not use this KVH website.

If you register with KVH for access to the KVH website and the restricted access information, KVH will issue you with a confidential user name and password to access the information and services contained on this website. You are entirely responsible for the maintenance of the confidentiality of that login name and/or password, and for any and all activities that occur under your login name.  You agree to immediately notify KVH of any unauthorised use of your login name and/or password or any other breach of security known to you.

Unless otherwise stated, KVH is the owner of all copyright, trademarks and other intellectual property rights in this site or has a valid right to use such copyright, trademarks and other intellectual property rights in this site. This includes without limitation all intellectual property rights in respect of text, graphics, logos, images and any downloads that may be offered on this website.  KVH’s ownership of and right to use such intellectual property is protected by both New Zealand and international law. You may not reproduce, transmit, adapt, store, distribute, print, display, sell, modify, publish or create derivative works or otherwise use any of the material on this website without KVH’s prior written consent.

You agree to fully indemnify KVH for any loss or damage it may suffer in contract, tort, equity, statute, 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 KVH, its related parties, employees, contractors or agents, that may arise as a result of your breach of these terms and conditions.

We may gather and hold various information about users that access the KVH website. This information may include personal information provided by users.  Any personal information that KVH collects from you will not otherwise be sold or swapped to any third parties. If you are an individual, you may have rights of access to and correction of personal information that are held by KVH, subject to the provisions of the Privacy Act 1993.  If you would like to access, correct and/or change the information collected at any time, please contact KVH.  KVH is entitled to charge you for the reasonable costs of retrieving, providing this information and, as applicable, correcting this information.

KVH may use ‘cookies’ to provide a secure, personalised experience on the KVH website and to provide information which is used to measure activity on the KVH website and to make improvements and updates based on the popularity of the area. This information is not used to identify individual KVH website users.  If your browser is set to refuse cookies or to alert you when cookies are being sent, some parts of the KVH website may not function properly.  If you do not allow the use of cookies or do not wish to provide certain information to KVH you may not be able to take full advantage of the KVH website and the range of services offered by KVH.Links and references on the KVH website to other websites are provided to you for convenience only. Any other website you access from the KVH website is independent of KVH. KVH has no control over the content of any other website and does not make any representations or warranties concerning any other website. The inclusion on the KVH website of any links to other websites does not imply that KVH endorses or has verified the content of that other website. Any such websites may not follow the same privacy obligations as KVH and those third parties are responsible for their own privacy practices. You should check each website’s terms and conditions before you use them.

While KVH has endeavoured to take all reasonable and appropriate care in the preparation of the content of this website and has no reason to believe that any information contained on this website is inaccurate, KVH makes no representations about the accuracy or suitability of the information provided on this website. The information is provided 'as is' without express warranty, and all implied warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. You use the information at your own risk. KVH does not undertake to keep this website updated, however KVH reserves the right to correct, update, supplement or alter the information contained on the KVH website at any time without prior notice. KVH does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on this website including without limitation where such loss or damage is a result of or contributed to by the negligence of KVH.

Under no circumstances will KVH, its employees or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the KVH website or in respect of any failure or omission on the part of KVH to comply with its obligations as set out in these terms and conditions in respect of your access and use of the KVH website.

In the event that any limitation or provision in these terms and conditions is held to be invalid or unenforceable for any reason and KVH becomes liable for any loss or damage that would otherwise have been excluded, KVH’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the KVH website is to be limited to NZD50.

This KVH website and these terms and conditions are governed by the laws of New Zealand, and you irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand in determining any dispute.  If you use the KVH website from outside New Zealand you are responsible for complying with any applicable laws (whether in your country of residence or New Zealand). Any terms and conditions that are either invalid or unenforceable will be struck out and the remaining terms and conditions will remain in force. Any failure by KVH to act in relation to a breach of these terms and conditions does not waive KVH’s right to act with respect to any subsequent or similar breaches.

If in KVH’s opinion you fail to comply with any of these terms and conditions of use of this website, KVH may terminate or limit your access to this website immediately.

If you have any queries regarding these terms and conditions, please do not hesitate to contact KVH.