What this Agreement Covers
Welcome to Kiwiearthmother Ecom. Kiwiearthmother Ecom (“we” or “us” or “Kiwiearthmother”) and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
License And Site Access
Kiwiearthmother Ecom grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Kiwiearthmother. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kiwiearthmother. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kiwiearthmother and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Kiwiearthmother or Kiwiearthmother Ecom name or trademarks without the express written consent of Kiwiearthmother. Any unauthorized use terminates the permission or license granted by Kiwiearthmother. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Kiwiearthmother Ecom so long as the link does not portray Kiwiearthmother Ecom, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Kiwiearthmother or Kiwiearthmother Ecom logo or other proprietary graphic or trademark as part of the link without express written permission.
Your membership account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Kiwiearthmother Ecom and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Emails, and Other Content
Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Kiwiearthmother Ecom reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Kiwiearthmother Ecom and its associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kiwiearthmother Ecom and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Kiwiearthmother Ecom or its associates for all claims resulting from content you supply. Kiwiearthmother Ecom has the right but not the obligation to monitor and edit or remove any activity or content. Kiwiearthmother Ecom takes no responsibility and assumes no liability for any content posted by you or any third party. Risk of loss all items purchased from Kiwiearthmother Ecom are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Kiwiearthmother Ecom and its associates attempt to be as accurate as possible. However, Kiwiearthmother Ecom does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Kiwiearthmother Ecom itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer of Warranties and Limitation of Liability
This site is provided by Kiwiearthmother Ecom on an “as is” and “as available” basis. Kiwiearthmother Ecom makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Kiwiearthmother Ecom disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Kiwiearthmother Ecom does not warrant that this site, its servers, or e-mail sent from Kiwiearthmother Ecom are free of viruses or other harmful components. Kiwiearthmother Ecom will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Once your Kiwiearthmother Ecom store is built we can no longer refund your money – see details of the timing below. At Kiwiearthmother Ecom we will make every effort to ensure you are happy with your purchase.
Refund Requirements Within 30 Days of Purchase
Web purchases (not including online stores) may be returned in accordance with this policy by emailing us at firstname.lastname@example.org within 30 days of the original purchase date.
If you cancel within the first 30 days of your original purchase date in respect of any of our products other than our online stores, we will provide you with a full refund.
If you cancel more than 30 days after the original purchase date, you are not entitled to any refund amount.
All cancellations must be communicated via email. We do not accept cancellations over the phone.
Every email sent to us is confirmed by an automatic confirmation email that is sent back to the customer. If you feel that we did not cancel your account when you requested, please forward us your confirmation email response to email@example.com and we will honor your refund.
Non-Refundable after 30 Days of Purchase
Refunds cannot be granted once more than thirty (30) days from the date of purchase have elapsed.
Kiwiearthmother Ecom Monthly Membership Fees:
The monthly membership charge is refundable within 30 days of your original signup date. Subsequent membership charges are not refundable. In order to avoid membership auto-renewal for the following month, you must request cancellation of your membership before the start of your next billing cycle. Such request must be made in writing by email to firstname.lastname@example.org. Regardless of when you request cancellation, you will still have access to your membership account for the remaining duration of your current month’s membership.
Kiwiearthmother Ecom Online Stores:
Kiwiearthmother Ecom Online Stores are refundable up to three (3) days after purchase. Our stores require a considerable amount of work to create. Once the store is built, no refunds are provided.
Refund requests made within three days of purchase as aforesaid shall be sent by email to email@example.com and shall have attached a copy of the original receipt. Upon meeting these requirements, your refund shall be credited back to you in the same manner in which it was originally paid. Cash refunds are not available.
If you have any questions or concerns about making a return, feel free to contact our Kiwiearthmother Ecom support team at firstname.lastname@example.org. Kiwiearthmother Ecom reserves the right to amend these terms at any time and to make exceptions on a case-by-case basis.
Site Policies, Modification, and Severability
We reserve the right to make changes to our site, policies, and these conditions of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Intellectual Property Rights of Kiwiearthmother and Third Parties
Kiwiearthmother Ecom is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Kiwiearthmother Ecom Site (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Kiwiearthmother Ecom.
Kiwieathmother Ecom is the owner of the Kiwiearthmother trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by Kiwiearthmother Ecom from Institutions and other third parties (the “Licensed Marks”). By using the Kiwiearthmother Ecom Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. Kiwiearthmother Ecom will notify you of such terms if your usage is in violation of such terms.
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact Kiwiearthmother Ecom and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. Kiwiearthmother Ecom retains the right to display such designs or offer them (or variations of such designs) to other customers.
You agree to not use Kiwiearthmother Ecom stores or products to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
Kiwiearthmother Ecom accepts STRIPE payments. All payments sent electronically are securely transmitted.
Kiwiearthmother Ecom also accepts payment via purchase order for qualified customers. Invoices may be paid by check or credit or debit card.
Product Fulfilment and Dropshipping Services for Online Stores
Kiwiearthmother Ecom stores are integrated with the Printify online platform which is subject to the Printify Terms of Service. This platform allows you to create and sell products with your content by working with various Print on Demand Providers from around the world.
Neither Kiwiearthmother Ecom nor Printify own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Products or do any printing. Providers alone are responsible for their Products, the quality of the print and delivery of Your Product. If you have an issue with the Product, please refer to Section J of the Printify of Service.
Kiwiearthmother Ecom is not responsible for your choice of Print Provider and the final product. We expect you to do all of your homework on who best to work with.
While Printify facilitate the resolution of disputes and provide necessary guidelines for the creation of Your Products, neither Printify nor Kiwiearthmother Ecom has any control over and nor guarantees the final quality of Your Product. Nor do we or Printify make any promises that Your Product will look like Your Mockup. Print Providers differ in their printing technology, product offerings, and operations. Store Owners are expected to do their own due diligence in selecting the most suitable Provider for creating Users’ Products.
Kiwiearthmother Ecom may give you access to link to various external resources or third-party services (“Third Party Sites”). Kiwiearthmother Ecom does not endorse any of these Third Party Sites and does not control them in any manner. These Third Party Sites may be governed by their own terms of service and policies. Kiwiearthmother Ecom is not liable or responsible for the accuracy of such services or their content, or products, and You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.
Due to the nature of the Internet, Kiwiearthmother Ecom cannot guarantee uninterrupted access and availability of the Product Fulfilment Service. We reserve the right to restrict the availability of our Service or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the Kiwiearthmother Ecom Service. Kiwiearthmother Ecom can improve or modify its Service and may introduce new offerings from time to time.
Limitation of Liability
Kiwiearthmother Ecom does not accept liability for the purchase, use or return of Kiwiearthmother Ecom products beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, loss of business or for lost or corrupted data or software, or the provision of services and support. The information and materials contained in this Site, including text, graphics, links or other items, are provided “as is”, “as available”.
Kiwiearthmother Ecom does not warrant the accuracy, adequacy or completeness of the information and materials on this Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
Kiwiearthmother Ecom shall not be liable for any consequential, special, indirect or punitive damages, even if advised of the possibility of such damages or for any claim by any third party, even if Kiwiearthmother Ecom, or representatives thereof, are advised of the possibility of such damages, losses or expenses. You agree that for any liability related to the purchase of a product or products, Kiwiearthmother Ecom is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Some jurisdictions may not enforce all of these limitations, and only the limitations that are lawfully applied to you in your jurisdiction will apply.
By visiting Kiwiearthmother Ecom, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and Kiwiearthmother Ecom or its associates.
Any dispute relating in any way to your visit to Kiwiearthmother Ecom or to products you purchase through Kiwiearthmother Ecom shall be submitted to confidential arbitration in Auckland, New Zealand, except that, to the extent you have in any manner violated or threatened to violate Kiwiearthmother Ecom’s intellectual property rights, Kiwiearthmother Ecom may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts.
Under this agreement shall be conducted under the rules then prevailing of the American arbitration association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify and hold Kiwiearthmother Ecom and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the Kiwiearthmother Ecom website and its products and services, your violation of this Agreement, or your violation of any rights of another.
This Agreement shall be governed by the laws of New Zealand.