Terms of Service

Overview

This website is operated by Kiva Wellness. Throughout the site, the terms “we,” “us,” and “our” refer to Kiva Wellness. By accessing our website (kivawellness.co.nz) and/or purchasing something from us, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service” or “Terms”). These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.

Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the website or use any of our Services.

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following any changes constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services to you.

1. Online Store Terms

By agreeing to these Terms, you confirm that you are at least the age of majority in your region, or that you have consented to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction (including copyright laws). Any violation of the Terms will result in immediate termination of your Services.

2. General Conditions

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.

3. Accuracy, Completeness, and Timeliness of Information

We are not responsible if information on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time but are under no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

4. Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part thereof) without notice at any time. We are not liable for any modification, price change, suspension, or discontinuance of the Service.

5. Products or Services

Certain products or services may be available exclusively online through the website. These may have limited quantities and are subject to return or exchange only according to our Refund Policy. We strive to display our products’ colours and images accurately, but we cannot guarantee that your device’s display will be accurate. We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions and pricing of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time. We do not guarantee that the quality of any products, services, or information purchased will meet your expectations.

6. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order. In such cases, we may attempt to notify you using the email and/or billing address provided. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account information to complete your transactions and contact you as needed. For more details, please review our Refund Policy.

7. Optional Tools

We may provide you with access to third-party tools, which we neither monitor nor control. You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranties or conditions. We shall have no liability arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the site is entirely at your own risk.

8. Third-Party Links

Certain content, products, and services available through our Service may include materials from third-parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and are not liable for any third-party materials or websites. Please review third-party policies carefully before engaging in any transactions.

9. User Comments, Feedback, and Other Submissions

If you send us comments, suggestions, or other materials, you agree that we may, at any time, use them in any medium without restriction. We are under no obligation to maintain comments in confidence, pay compensation, or respond to any comments. We may, but are not obligated to, monitor, edit, or remove content that we determine to be unlawful, offensive, or violates any party’s rights or these Terms of Service. You agree that your comments will not violate any third-party rights or contain unlawful, abusive, or obscene material. You are solely responsible for the comments you make.

10. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

11. Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our site that contains errors or inaccuracies related to product descriptions, pricing, promotions, or availability. We reserve the right to correct any errors and to change or update information at any time without prior notice. We undertake no obligation to update, amend, or clarify information, except as required by law.

12. Prohibited Uses

In addition to other prohibitions in the Terms, you are prohibited from using the site or its content for any unlawful purpose, to violate any regulations, to infringe on our intellectual property, to harass or discriminate against others, to submit false information, to upload viruses, or to interfere with the security features of the Service or related websites. We reserve the right to terminate your use of the Service for violating any prohibited uses.

13. Medical Disclaimer

Any information provided on this website is for general informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay seeking it because of something you have read on this site. Your use of any information provided on this website is solely at your own risk.

14. Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. You agree that your use of the Service is at your own risk. The Service and all products provided through the Service are provided “as is” without any warranties or conditions of any kind. In no case shall Kiva Wellness, our directors, officers, employees, affiliates, agents, contractors, or suppliers be liable for any injury, loss, or any direct or indirect damages of any kind arising from your use of the Service or products procured through the Service.

15. Indemnification

You agree to indemnify and hold Kiva Wellness harmless from any claim or demand made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

16. Severability

If any part of these Terms is determined to be unlawful or unenforceable, that part shall still be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms.

17. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site. If we suspect that you have failed to comply with any part of these Terms, we may terminate this agreement without notice, and you will remain liable for all amounts due up to and including the date of termination.

18. Entire Agreement

These Terms, along with any policies or rules posted by us on this site, constitute the entire agreement between you and us, governing your use of the Service. They supersede any prior agreements, communications, or proposals between you and us.

19. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

20. Offers Terms

For all promotional offers, discounts, and special terms, please refer to our Offers Terms page.

21. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

22. Contact Information

Questions about the Terms of Service should be sent to us at support@kivawellness.co.nz