Terms and conditions
1. ACCEPTANCE OF TERMS
1.1 Access and use by you of the Website constitutes your acceptance of these Terms from the time that you first use the Website.
2.1 In these Terms, unless the context otherwise requires:
“Accommodation Provider” and “Accommodation Providers” means those persons, firms, companies or other entities that are registered and listed on the Website as accommodation providers with accommodation available for booking;
“Content” means data or other information (including all text, pictures, graphics, audio, video, images and other data and functionality) owned by Kiwi Karma, or licensed or provided to Kiwi Karma by any third party, and accessible on the Website;
“Donations” means the donations that Kiwi Karma makes to Non-Profit Organisations each month.
Unless stated otherwise Kiwi Karma will pass 3% of the amount you pay for your booking to the charity you choose from those listed on the Website;
“Intellectual Property” means all copyright, patents, designs, trademarks, trade names, domain names, goodwill, circuit layouts, rights in computer software, databases, lists, rights in inventions, know-how, trade secrets, confidential information and any other proprietary right or form of intellectual property whether registered or unregistered (including applications for the grant of any of the foregoing and the right to apply for protection in or to any of the foregoing), and includes all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, and all rights of action, powers and benefits of the same in respect of the Website, any software developed by or for Kiwi Karma and applied in the Website, and any underlying materials contained on the Website (including Content);
“Kiwi Karma” means Kiwi Karma Limited, trading as Kiwi Karma, being a company incorporated in New Zealand;
“Non-Profit Organisation” and “Non-Profit Organisations” means those not-for-profit organisations that are registered and listed on the Website in that capacity. Non-Profit Organisations may or may not be a Registered Charitable Entity, but must have Tax-Exempt Status;
“Registered Charitable Entity” means a Non-Profit Organisation that is registered on the register of charitable entities established under section 21 of the Charities Act 2005;
“Tax-Exempt Status” means status under the applicable New Zealand tax legislation that means a person, organisation or entity that makes a donation to it may become entitled to a tax credit or deduction;
“User” or “Customer” means any user of the Website, with each such user referred to herein as “you” or “your”;
“Website” means the website owned and operated by Kiwi Karma Limited.
3. USING OUR WEBSITE
3.1 Users are able to use the Website to source accommodation from Accommodation Providers and nominate a Non-Profit Organisation to receive a donation made by Kiwi Karma.
3.2 To use this website, you acknowledge, agree, warrant and undertake as applicable that:
(a) you are at least 18 years old (if you are an individual);
(b) in all other respects you can form a legally binding contract that is enforceable against you;
(c) the information you have provided is complete, true and accurate, and if and when that information is no longer current you agree to promptly update the information;
(d) Kiwi Karma may contact you to verify any information supplied.
3.3 Each accommodation provider maintains and updates their room inventory and property information on the website.
3.4 Kiwi Karma does not take responsibility for unavailability of rooms caused by the accommodation provider over selling its room inventory by displaying rooms online for which it does not have availability.
3.5 Kiwi Karma is committed to ensuring that the information on its website is accurate, but does not guarantee that the site is free from errors or omissions.
3.6 Kiwi Karma does not take responsibility for the quality or suitability of any accommodation, product or service advertised on the website.
3.7 Emails confirming bookings made on Kiwi Karma are sent instantly to the email address you provide when making your booking. Sometimes there may be delays in receiving your email confirmation due to factors outside of the control of Kiwi Karma. If you have not received your booking confirmation via email within 24 hours please contact Kiwi Karma and a new booking confirmation will be issued.
4. CANCELLATION & AMENDMENT POLICIES
4.1 Cancellation policies are specific to each Accommodation Provider and are detailed on the payment confirmation page prior to final booking confirmation. A non-refundable fee of NZD$20 applies to all cancellations regardless of the supplier's cancellation policy. Where you are entitled to a refund, the refund will be made to the same credit card that you used to confirm the booking.
Please contact the Operator directly to discuss any desired cancellations, changes or refunds. Additional charges, or a refund, may apply depending on the nature of the booking amendment.
5. OWNERSHIP OF WEBSITE AND INTELLECTUAL PROPERTY
5.1 You acknowledge, agree, warrant and undertake as applicable that:
(a) all Intellectual Property that subsists in the Website and the Content belongs to Kiwi Karma or its licensors or such third parties that have provided Content to Kiwi Karma;
(b) except with Kiwi Karma’s prior written permission (and where applicable, the owner of the Intellectual Property) you may not in any form or by any means use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate or otherwise deal in any way with the Intellectual Property or the Content, or commercialise any information, products or services obtained from any part of the Website; and
(c) you will not assert any ownership or rights in respect of the Intellectual Property.
6. LIABILITY, INDEMNITIES AND WARRANTIES
6.1 You shall indemnify and hold harmless Kiwi Karma, its subsidiaries, affiliates, officers, employees and contractors against any losses, costs (including solicitor and client costs), expenses, demands or liability, whether direct, indirect, consequential, or otherwise, and whether arising in contract, tort (including in each case negligence), or equity or otherwise arising out of or incidental to:
(a) a breach by you of these Terms or the subject matter relating thereto; or
(b) your use of the Website.
6.2 You will pay, reimburse and indemnify Kiwi Karma on demand for all costs, expenses, fees (including Kiwi Karma’s legal fees on a solicitor to client basis) and disbursements incurred by Kiwi Karma in remedying any default of yours under these Terms or the enforcement or exercise of Kiwi Karma’s rights under these Terms.
6.3 Kiwi Karma is a distributor (and not publisher) of content supplied by third parties including Accommodation Providers, Non-Profit Organisations and others (“Third Party Content”). As such:
(a) Kiwi Karma does not endorse, warrant or make any representation about any Third Party Content transmitted via or posted on the Website and you acknowledge that Kiwi Karma has not independently verified any of the information contained in the Third Party Content; and
(b) while Kiwi Karma will endeavour to monitor Third Party Content and exercise editorial control where possible, you acknowledge that you use and rely on the Third Party Content obtained through the Website at your own risk. Kiwi Karma takes no responsibility for the Third Party Content or for any inaccuracy or omission contained in it.
6.4 The Website includes links to other websites not owned by Kiwi Karma. If you visit a linked website you will be subject to the terms of that website and any dealing will be solely between you and the other website. These links do not imply Kiwi Karma’s endorsement of that other website or product or service being advertised on that website or any association with the website operator unless this is specifically stated on the Website.
6.5 Kiwi Karma does not control and therefore is not responsible for:
(a) any communication between you and any other user of the Website (including Accommodation Providers) that may have been initiated as a result of use of the Website; or
(b) goods and/or services supplied to you by any Accommodation Provider. If any issue does arise, your recourse will be directly against the Accommodation Provider.
6.6 You acknowledge and agree that your use of the Website is entirely at your own risk in all respects. To the maximum extent permitted by law, Kiwi Karma provides the Website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of accuracy, completeness, timeliness, non-infringement, merchantability, quality, suitability or fitness for any particular purpose.
6.7 Kiwi Karma will not under any circumstances be liable or responsible under the law of tort, contract or otherwise for any loss of income, profits, data or savings or for any indirect, incidental, consequential, exemplary, punitive or special loss or damage of any party (including third parties), however caused, arising out of or in connection with the use of the Website, reliance on any information on the Website or from failure of the Website however arising or any event beyond Kiwi Karma’s control.
6.8 Notwithstanding any other clause in these Terms, the Consumer Guarantees Act 1993 (the “CGA”) may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms must in all cases be read subject to those statutory provisions.
You acknowledge and agree however that if you are not a consumer as defined in the CGA, the CGA will not apply.
6.9 Your use of the Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the internet and electronic communications, Kiwi Karma and its service providers do not make any warranty that the Website or any associated services will be error free, without interruption or delay, or free from defects in design. Kiwi Karma will not be liable to you should the Website or the services supplied through the Website become unavailable, interrupted or delayed for any reason.
6.10 Although Kiwi Karma endeavours to prevent the introduction of viruses or other malicious code (together, “malicious code”) to the Website, it does not guarantee or warrant that the Website, or any data available from it, does not contain malicious code. Kiwi Karma will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing the Website does not expose your computer system to the risk of interference or damage from malicious code.
6.11 Although Kiwi Karma endeavours to protect the security of your personal information, you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on the Website. Kiwi Karma does not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of the Website and the internet. Kiwi Karma does not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of the Website or any outbound hyperlink.
7.1 Kiwi Karma will never provide your personal information to third parties:
(a) unless authorised by you or required by any applicable law, regulation, legal process or government request; or
(b) except to the relevant authorities, any internet service provider that you use to access the Website, and/or the applicable Intellectual Property owners (or their representatives) if Kiwi Karma considers you are infringing the intellectual property rights of any person.
8.1 You acknowledge and agree that Kiwi Karma may at any time and without notice revise, change or update these Terms. It remains your responsibility to access and check these Terms whenever you access the Website. Your continuing access or use of this Website shall be deemed your acceptance of the revised Terms.
8.2 If you give Kiwi Karma feedback about the Website or its products or services, you grant it the right to use that feedback for the purpose of improving the Website or its products or services (and for any other purpose Kiwi Karma deems necessary or desirable) without being obliged to pay you any compensation in respect of its use of that feedback.
8.3 You consent and/or agree as applicable:
(a) to receiving communications from Kiwi Karma electronically, and that all agreements, notices, disclosures and other communications that Kiwi Karma provides to you electronically satisfy any legal requirement that such communications be in writing;
(b) to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002;
(d) pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message; and
(e) to receive email communications from Kiwi Karma about the Website, or its products and services or otherwise.
8.4 No delay, grant of time, release, compromise, forbearance (whether partial or otherwise) or other indulgence by one party in respect of any breach of another party’s obligations under these Terms is to operate as a waiver of or prevent the subsequent enforcement of that obligation or be deemed to be a delay, grant of time, release, compromise, forbearance (whether partial or otherwise) or other indulgence in respect of, or a waiver of, any subsequent or other breach.
8.5 Any waiver by a party of any rights arising from any breach of any of these Terms shall not be construed as a continuing waiver of other breaches of the same or other Terms by the other party.
8.6 Should any part or provision of these Terms be held unenforceable or in conflict with the applicable laws or regulations of any jurisdiction, the invalid or unenforceable part or provision shall be replaced with a provision which accomplishes, to such extent as possible, the original purpose of the part or provision in a valid and enforceable manner, and the remainder of these Terms shall not be affected and shall remain binding on the parties.
8.7 These Terms shall be governed by New Zealand law and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
These Terms were last updated on: 31 January 2013