Terms Of Service

Welcome to Kiwihawaii!

These Terms of Service (“Terms”) govern your access to and use of the Kiwihawaii website, located at kiwihawaii.com (the “Website”), and all related services provided by Kiwi Hawaii (“Kiwihawaii“, “we”, “us” or “our”).

Please read these Terms carefully before using the Website. By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Website.

1. Using Our Website

1.1 Eligibility: You must be at least 18 years old to use the Website. By using the Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

1.2 User Accounts: You may be required to create an account to access certain features of the Website. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

1.3 Prohibited Uses: You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all applicable laws and regulations when using the Website. You specifically agree not to:

  • Violate any laws in your jurisdiction (including but not limited to copyright laws).

  • Transmit any worms, viruses, or any code of a destructive nature.

  • Attempt to gain unauthorized access to the Website or any related systems or networks.

  • Interfere with or disrupt the Website or servers or networks connected to the Website.

  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

2. Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Kiwihawaii, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3. Products and Services

3.1 Product Descriptions: We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.

3.2 Orders: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

3.3 Pricing: Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

4. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Kiwihawaii. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Kiwihawaii shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

5. Disclaimer of Warranties; Limitation of Liability

5.1 Disclaimer: The Website and all content and services provided on or through the Website are provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.2 Limitation of Liability: In no event shall Kiwihawaii, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Kiwihawaii has been advised of the possibility of such damages.

6. Indemnification

You agree to indemnify, defend, and hold harmless Kiwihawaii, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Website, including but not limited to your user contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

7. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Philadelphia, USA, without regard to its conflict of laws provisions.

8. Termination

We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

9. Entire Agreement

These Terms constitute the entire agreement between you and Kiwihawaii relating to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Kiwihawaii with respect to the Website.

10. Changes to Terms of Service

We may revise these Terms at any time in our sole discretion by posting the updated Terms on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

11. Contact Us

If you have any questions about these Terms, please contact us at [email protected].