1.1 In these terms and conditions ("Terms and Conditions") the following terms have the meanings specified:
(a) Account means your personal account on the Website.
(b) Terms mean these terms and conditions and any other terms or policy published on the Website by us from time to time.
(c) Website, Parent Village means any site operated by Parent Village Limited whether at www.villagekiwi.co.nz or otherwise
(d) We, Us means Parent Village Limited.
(e) You, User, Member means any visitor to, or user of, the Website.
2.1 The Terms apply to any User of the Website. By accessing the Website you agree to comply with, and be bound by, the Terms.
2.2 You are encouraged to become a Member of Village Kiwi by setting up an account. Members are able to access more content and contribute to the content on the Website.
2.3 To set up an Account you must provide us with details of:
(a) Your full legal name
(b) A contact phone number
(c) A valid email address
(d) Have a residential address in New Zealand
(e) Such other information as we consider necessary and request from you from time to time
2.4 By opening an Account and providing us with personal information, you confirm that the personal information is current, complete and accurate at that time and that you will let us know when this personal information changes (for so long as you are a Subscriber) so that we have accurate records. Impersonating any person or entity, or using a false identity will be a breach of these terms.
2.5 You indemnify us for any liability should the information we have about you be inaccurate or out of date and we are entitled to rely upon the information that you have provided to us as being correct.
2.6 Unauthorised access to the Website or the unauthorised use of another person's name, registration account or password will be considered a breach of these terms and conditions.
2.7 You agree not to collect or store information about other users, including email addresses without their consent. We reserve the right to cancel any Account at our complete discretion, at any time, and without reason and without notice.
3.1 In accessing the Website, you must not:
(a) Upload, post, submit, send or otherwise transmit any words or content to the Website which breaches the personal or property rights of any person including (but not limited to) intellectual property rights, privacy, confidentiality and/or information.
(b) Upload, post, submit, send or otherwise transmit any words or content to the Website which We deem to be offensive, defamatory, threatening, misleading or in any way unacceptable (in our absolute discretion) for the Website.
(c) Obtain/use the Website or any information from the Website for any commercial activity without prior consent in writing from us, including but not limited to: using the Website to directly or indirectly, to conduct surveys, contests, send junk mail or any unsolicited messages.
(d) Use the Website for any illegal activity or in such a way which (in our absolute discretion) breaches the Terms.
(e) Interfere with the operation of the Website including uploading Malware or making any unauthorised modifications to the Website
3.2 You indemnify Us for any liability, costs or loss which may arise from a breach by you of one or more of the Terms.
3.3 You agree that we may refuse to publish, moderate, redact or remove any content on the Website, including content posted by you, which we decide (in our absolute discretion) is not appropriate for the Website. You agree that we have no responsibility for the storage of information or liability for the amendment or deletion of such information.
3.4 If you have an Account, you will have a user name and password to access the Website. You must not disclose your username or password to any other person and may not allow any other person access to the Website using your username and password.
3.5 We make no representation or warranty that the Terms comply with the laws of any country other than New Zealand. Users who use the Website and reside outside of New Zealand do so of their own volition and are responsible for compliance with local laws, to the extent local laws are applicable.
4.1 The information provided on the Website is provided to you in good faith. You agree that a portion of the information on the Website is third-party or user-generated content. Information, reviews or opinions on products or services are of a general nature only and do not constitute an endorsement or recommendation that those products/services are appropriate for use by You. To the extent permitted by law we exclude all warranties and representations as to the availability, accuracy or currency of any information or service on the Website.
4.2 While we will do our best to make sure that the Website is available, we cannot guarantee that it will always be uninterrupted or that your access will be error-free, or that any files available for download will be error-free or free from viruses, faults or defects.
4.3 The Website contains links to external sites. Those sites are not connected or affiliated with us and are not under our control. We make no representation or warranty as to the content, reliability, safety or features of such sites whatsoever. You agree that by accessing any link to an external site you are taking full responsibility for such access. You indemnify us for any liability, loss or cost arising from your access of any external site.
4.4 If you wish to link to the Website, you must obtain our permission in advance.
6.1 Unless otherwise shown, we own all the copyright and other intellectual property rights on the material on this Website. That includes any material you provide to us or the Website and you grant us a world-wide, royalty-free, exclusive and perpetual license to use the intellectual property in such material. You indemnify us against any damage or loss made by our publication or use of such material.
6.2 All Website material is subject to copyright except where it is otherwise noted. You can use the material for your own personal, non-commercial use provided that you acknowledge the source of the material and that you do not remove any copyright, trade mark or other intellectual property notices contained in the content, but you must not use the material in a misleading way.
6.3 You must not use any of our trade marks in any way without our permission.
7.1 These Terms and Conditions are governed by the laws of New Zealand. You may take legal action against us only in a New Zealand court or tribunal. You may not take any legal action in a New Zealand court or tribunal until you have notified us in writing of all relevant details of your claim:
(a) Within 2 weeks of the date you become aware (or should reasonably have become aware) of your claim; and
(b) provided us 30 days to resolve your claim.
7.2 You must not transfer or assign your rights or obligations under these Terms and Conditions in any circumstances.
7.3 No failure or delay by us in insisting upon the strict performance of these Terms or exercising any right under these Terms will operate as a waiver of those matters.
7.4 We shall not be liable for delay or failure to perform our obligations under these Terms if the cause of delay or failure is beyond our reasonable control.
7.5 You must pay our costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of our rights, remedies and powers under these Terms.
7.6 If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
7.7 These terms and conditions supersede all previous agreements, representations and warranties whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
7.8 Changes or updates to the content of this website may occur at any time. These terms may be changed or updated from time to time. Changes may take the form of completely new terms. We will post any changes on this website; any change applies from the date it is posted.
Account refers to your online business profile with us.
Charges refers to any fees payable.
Confidential Information refers to any information we provide to you.
Products refers to any of our products and/or service deliverables.
Final-user refers to any third party user of parentvillage.co.nz, or related platform.
Fixed Term refers to the term length of a fixed term product.
Renewal Term refers to the renewal period of a recurring product.
Insolvency Event means where you go into liquidation, cease to carry on your business, or are unable to pay your debts.
Purchase Form refers to any document we provide which enables you to order Products, including on our self-service website platform.
Representative refers to you, and any employee, contractor or agent acting for you.
Terms refers to these Terms of Trade together with the Card Authorisation Terms.
Parent Village, we, us or our refers to Parent Village Limited, having its registered office at 8 Ngatira Rd, Muriwai Beach, Auckland, 0881.
You or your refers to each party to whom we provide Products, including their representatives.
Your Content refers to all material presented to us by you, and/or sourced by us from your publicly available collateral, advertising, website, or other publications.
2.1 We may update or revise the Terms at any time. Changes will be deemed in effect from the time they are published at /terms-of-use for terms (or any successor URL).
2.2 No other terms shall apply to any Product, unless approved in writing by a Parent Village Director.
2.3 If any provision of the Terms is declared to be illegal or unenforceable, the remaining Terms will continue to be in effect.
3.1 To order a Product, you must approve the relevant Purchase Form for that Product. Only Purchase Forms prepared by us in their original form may be approved by you. When you approve a Purchase Form, through email or through our self-service website, you accept our Terms. We are not obliged to provide any products upon receiving a Purchase Form. If we choose to accept your offer, we will indicate this by providing the applicable Product(s).
3.2 Approving a Purchase Form is equal to making an irrevocable offer to purchase a Product(s) on the assumption that you have full legal capacity to accept the Terms. We rely on the apparent authority of anyone who completes a Purchase Form on your behalf.
3.3 We may decline a Purchase Form without further notice to you. This will be deemed apparent where we have not delivered the relevant Product(s) within a reasonable time period.
3.4 It is your responsibility to provide us with accurate information when submitting a Purchase From or creating an Account. You accept responsibility for keeping your details up to date.
3.5 It is your responsibility to keep your login and password safe; customers are liable for every order made under their login.
3.6 Products delivered by us are not to be transferred or re-sold.
4.1 Where payment of charges is completed via invoice, all amounts must be paid in full by the specified due date. If no date is specified, payment must be received by the 20th of the month following the date the invoice was received.
4.2 Parent Village uses Windcave for all online credit card payments. We do not collect or store any credit card information. When making a purchase you will be directed to a secure webpage hosted by Windcave to enter your payment details. Windcave is New Zealand's largest and most preferred gateway provider.
4.3 You are obliged to inform us of any errors in the Charged amount prior to the payment due date, or as soon as the error is noted by you.
4.4 Rates exclude GST and may be subject to change. All prices displayed are in NZ Dollars.
4.5 Monthly recurring payments will be charged in advance on a monthly basis.
5.1 We are not obliged to renew a product at the Renewal Term, and shall accept no liability where we choose not to renew a product, even if we have previously indicated that we would do so.
6.1 Where you fail to pay an invoiced amount by the due date, we reserve the right to;
a. require you to pay any costs incurred to us as a result of your late payment;
b. report your late payment to credit reference agencies;
c. suspend or terminate any relevant Products purchased by you;
d. require you to pay all outstanding amounts in one lump sum
7.1 You may terminate a Product:
a. at the end of a Fixed Term where applicable;
b. where a Renewal Term is in effect, at any time by giving us 30 days written notice. Cancelling a Product using our self-serving website constitutes written notice.
7.2 We reserve the right to terminate any Product at any time, for any reason. We will endeavour to give you prior written notice of such a termination in good faith.
8.1 Where a Product is terminated in accordance with clauses 7.1, or due to an Insolvency Event, you are obliged to pay all outstanding charges for that Product up to the date of termination, or the end of the Fixed Term where applicable.
8.2 Where a Product is terminated by us:
a. You must pay any outstanding Charges; and
b. We will return any Charges pre-paid by you as credit to your Parent Village Account.
9.1 We reserve the right to suspend a Product at any time for any reason. If this should occur, we waive liability for any losses incurred from the suspension event.
9.2 In the case of a Product being suspended by us at our convenience:
a. We are not obliged to, but will endeavour to give you prior written notice of such a suspension; and
b. You will not be charged during the suspension period.
9.3 In the case of a Product being suspended by us because of a breach by you of any Terms:
a. we are not obliged to, but will endeavour to give you prior written notice of such a suspension; and
b. You are liable for any additional costs incurred as a result of the suspension event; and
c. You are liable for all Charges for that Product during the suspension period.
10.1 We endeavour to continually improve our service, and as such, we may change a Product at any time, and;
a. we are not obliged to, but will endeavour to give you prior written notice of any change; and
b. you must continue to pay any Charges for the effected Product until terminated in line with section Clause 10.1.
10.2 We must provide written notice to you before changing any Charges for a given product. No changes in Charges will occur during a Fixed Term.
11.1 To ensure we are able to deliver Products effectively, you acknowledge that we may require that you provide us with Your Content, feedback on Product(s), and approval of draft Product(s), within specified timeframes.
11.2 If you fail to perform certain actions, as outlined in clause 11.1, within the specified time frames, we shall not be liable. Further, you acknowledge that failure to provide feedback is equal to giving your approval, and we may publish any applicable Product on that assumption.
12.1 We shall reasonably endeavour to correct any mistake, where we determine a mistake has been made with respect to a Product. Where corrective action is taken swiftly and appropriately, we will deem the dispute resolved. We may elect to credit your account for an amount we think appropriate, and you will work with us in good faith to determine how we can help you.
12.2 In the event of a dispute, both parties agree to keep the dispute confidential.
13.1 You may contact us through the following channels:
a. by phone within New Zealand on 027 979 5723
b. by email to firstname.lastname@example.org;
c. via the online submission form at https://www.parentvillage.co.nz/contact;
13.2 We may send bills and information via the email or postal address you have provided. Any notice sent by us is deemed delivered 3 days after postage, or once transmitting is complete via email.
14.1 You accept that, unless otherwise stated by you in writing, we reserve the right to reproduce, modify, distribute, or otherwise publish Your Content in order to deliver our Products.
14.2 You accept that we are not responsible for the accuracy of Your Content. Any of Your Content used in a Product is warranted and represented by you, and must:
a. comply with the Fair Trading Act 1986, the Trade Mark Act 2002, the Copyright Act 1994, the Defamation Act 1992, the Financial Advisers Act 2008, and any additional applicable laws;
b. comply with all relevant codes of the New Zealand Advertising Standards Authority;
14.3 If any of Your Content becomes inaccurate, or is alleged to infringe any law or advertising code, you must notify us.
14.4 We reserve the right to edit or refuse to publish Your Content at any time, for any reason. We will endeavour, but are not obliged, to contact you prior to editing or removing Your Content.
15.1 We do not act as an agent, or on behalf of you or Final-users. Any transactions, dealings, or risks associated with Final-users is your sole responsibility.
15.2 You accept that:
a. due to the wide ranging forums and devices used by Final-users, the presentation of our Products may vary, and not all features of a Product will necessarily be available to all Final-users; and
b. we are not liable for content submitted by Final-users in connection to Your Content or related Products, such as comments and reviews. We will, however, endeavour to moderate this content as best we can.
16.1 We own all Intellectual Property rights in:
a. any of our Products;
b. any material we create for you in relation to a Product, including modifications and amendments to Your Content.
c. our trademarks and all other material created by us.
16.2 You must have express written permission from us in order to use our Intellectual Property.
a. accept that we require no further notice from you, in order to syndicate, distribute, or publish Your Content and other content relating to your business across multiple marketing channels and mediums.
b. accept that Your Content may be published alongside other content; and
c. accept that we waive any responsibility for losses arising in connection with any such use of Your Content as outlined in clause 17.1(a).
18.1 You accept that in the general operation of our business we may collect information about you. This may be:
a. offered by you directly, or obtained when you use our products; and/or
b. provided by Final-users or other third-parties.
18.2 We reserve the right to use your information to:
a. deliver Products;
b. offer new or additional Products;
c. obtain feedback;
d. obtain payment for Products;
e. generally operate our business;
f. provide to third parties for targeted advertising.
18.3 We reserve the right to use non-personal information in marketing and promotional materials.
18.4 We endeavour
19.1 You indemnify us against any losses incurred by us as a result of our provision of a Product to you, or as a result of you not meeting your legal responsibilities to any Final-user.
20.1 Whilst we endeavour to provide a high quality service, we do not warrant that any Product will be completely accurate and continuously available. We also do not guarantee the accuracy of projected returns as a result of purchasing a particular Product.
21.1 To the maximum extent allowed by law, we are not liable to you for any damages arising in connection with any Product. By accepting a Purchase Form, you waive any liability that we may have to you in relation to the Product delivered.
22.1 You consent to receiving promotional material from us, from which you can unsubscribe at any time.
23.1 These Terms are subject New Zealand laws.