1.1 The following terms of business (the “Terms”) form the basis of the agreement between KiwiPack (UK) Ltd, a company incorporated in England (“KiwiPack (UK) Ltd”) and the Client (the “Agreement”).
1.2 KiwiPack (UK) Ltd act as an intermediary and agent for and may provide the Client with the opportunity to hold, reserve and agree to purchase products listed on a third party website (the “Website”) from the seller.
1.3 KiwiPack (UK) Ltd may also, but are not obligated to, provide additional advice and assistance to the Client after the Client has agreed to purchase a product.
2.1 Media belonging to KiwiPack (UK) Ltd may contain information from a third party.
2.2 Media belonging to KiwiPack (UK) Ltd may contain recommendations about the services offered by third parties (“Third Parties”). KiwiPack (UK) Ltd do not guarantee the competence and reliability of the Third Parties.
3.1 Whilst every care has been taken to ensure the accuracy of the information contained in all of the media presented online and offline, KiwiPack (UK) Ltd does not guarantee or take responsibility for the accuracy of information provided by third parties.
4.1 All Information provided by KiwiPack (UK) Ltd is intended as general information and should never be treated as giving advice or making a recommendation. KiwiPack (UK) Ltd strongly advise the Client exercise the same care and caution as the Client would normally use when making a substantial financial investment.
5. OWNERSHIP AND USAGE.
5.1 he client acknowledges that all rights, title and interest in the confidential information remain the sole property of the KiwiPack (UK) Ltd and that the client shall not obtain any such rights, title and interest by virtue of the contractual agreement or otherwise.
6.1 The client agrees to not disclose any confidential information, whether to employees, officers or directors, agents and representatives or to any third party (including any commercial or professional associate or collaborator), except only in confidence and only to such employees, officers, agents, representatives or directors of the Recipient (if applicable) who need to see and review for the Purpose; and not use any of the confidential information to procure a commercial advantage over the KiwiPack (UK) Ltd or to develop, or help or assist others to develop an alternative to KiwiPack (UK) Ltd.
6.2 KiwiPack (UK) Ltd may use the Clients personal information to notify the Client about important changes or developments to services. Further, KiwiPack (UK) Ltd may also use Your information to let the Client know about other products and services which KiwiPack (UK) Ltd offer which may be of interest to the Client and KiwiPack (UK) Ltd may contact the Client by e-mail, post or telephone. If the Client does not want to be contacted by KiwiPack (UK) Ltd, then the Client must let KiwiPack (UK) Ltd know in writing.
7.1 If any Term of this Agreement is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other Term of this Agreement and the remainder of the Term in question shall not be affected.
8.1 It is intended that this Agreement contains the entire Agreement between The Client and KiwiPack (UK) Ltd and supersedes any previous Terms in relation to the matters with which it deals, including KiwiPack (UK) Ltd’s Website Terms and conditions.
8.2 If this Agreement does not set out all of the terms of KiwiPack (UK) Ltd’ agreement with the Client, then the Client must notify KiwiPack (UK) Ltd in writing within 5 days of any such statement being made.
9.1 If an agreed reservation is cancelled by the client prior to contracts being forwarded to the clients legal representative, KiwiPack (UK) Ltd will have the right to refund the reservation amount less an administration charge of 20%. If an agreed reservation is cancelled by the client once contracts have been forwarded to the clients legal representative, KiwiPack (UK) Ltd will have the right to retain the entire amount.
10.1 All parties understand that all information in this contract will be recorded electronically with KiwiPack (UK) Ltd. No physical records will be held and the reservation transaction will be regarded as having been carried out during the normal course of KiwiPack (UK) Ltd’ business. The electronic records of KiwiPack (UK) Ltd will form the record for all purposes and may be used as evidence at any proceedings.
11. GOVERNING LAW
11.1 This Agreement is governed by the laws of the UK.