Terms of Use

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Kiwi Energy owns and maintains this website to provide you with information about Kiwi Energy and it services and other promotional activities. Any use by you of this website operated by Kiwi Energy (the “Site”) is conditioned upon your acceptance of these Terms and Conditions of Use and our Privacy Policy (collectively, the “Terms”) By using this site, you agree that you have read, understood, and agree to abide by these Terms. If you do not agree to these terms, please do not use the site and leave now.

COPYRIGHT AND USE OF INFORMATION

All information and content (“materials”) on this website and any intellectual property rights embodied therein are the property of Kiwi Energy or its information providers. Unless otherwise stated herein, none of the materials on this website may be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express permission of Kiwi Energy or the original copyright holder. You may display and print materials available on this website solely for your personal, non-commercial use, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Unauthorized use of any materials on this site is expressly prohibited by law, and may result in severe civil and criminal penalties.

LIABILITY RESTRICTIONS

While Kiwi Energy makes reasonable efforts to insure accurate and up-to-date information on its website, Kiwi Energy makes no warranties or representations as to the accuracy of the information. Kiwi Energy assumes no liability or responsibility for any errors or omissions in the content of the Website. Changes may be periodically made to the information at any time, without notice.

THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. EVEN IF KIWI ENERGY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, KIWI ENERGY AND/OR ITS SUPPLIERS DISCLAIM ALL RESPONSIBILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING FROM OR BECAUSE OF INACCURACIES OR OMISSIONS IN THE INFORMATION CONTAINED ON THIS WEBSITE, OR IN ANY WEBSITE LINKED TO OR FROM THIS WEBSITE. KIWI ENERGY AND/OR ITS SUPPLIERS FURTHER DISCLAIM ANY LIABILITY ARISING FROM THE USE OF ANY MATERIALS ON THIS WEBSITE, INCLUDING ANY DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY OR LOSS OF DATA ARISING FROM ANY USE OF THE MATERIALS OR THIS WEBSITE.

Some states may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.

TRADEMARKS AND SERVICE MARKS

The trademarks, service marks, and logos (collectively, “Trademarks”) used and displayed on this website are registered and unregistered marks of Kiwi Energy and others. You are not authorized to use any Kiwi Energy name or mark in any advertising, publicity, or in any other commercial manner without the prior written consent of Kiwi Energy or one of its affiliates.

THIRD PARTY LINKS

The Kiwi Energy website may contain links to other websites (“Linked Sites”). The Linked Sites are neither owned by nor under the control of Kiwi Energy or its affiliates. Kiwi Energy is not responsible for the contents of any Linked Site including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Kiwi Energy and its affiliates are providing these links as a convenience, and the inclusion of any link does not imply endorsement by Kiwi Energy of the site or any association with its operators.

MODIFICATIONS

Kiwi Energy reserves the right to modify the information contained on this website or these Terms at any time without notice. You are responsible for reviewing these Terms on this website. Accessing this website after any changes to these Terms have been posted thereon will constitute your acceptance of all such changes. Unless specifically stated otherwise, any new features, products or services added to the website shall be subject to these Terms. Some new products or features may require your acceptance of new or additional terms before use.

SUBMITTED INFORMATION

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Kiwi Energy by you through this website, including but not limited to intellectual property related thereto, will be treated as non-confidential and non-proprietary and Kiwi Energy may, without compensation, copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose. Kiwi Energy is under no obligation to post or use any submission you may provide, and Kiwi Energy may remove any submission at any time in its sole discretion. Notwithstanding the foregoing, all personal data provided to Kiwi Energy will be handled in accordance with our Privacy Statement. You are prohibited from posting or transmitting to or from this website any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.

RESTRICTION, SUSPENSION AND TERMINATION

Kiwi Energy may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you with respect to your breach of these Terms. We may also remove the Site as a whole or any sections or features of the Site at any time.

GENERAL

These Terms shall be governed in all respects in accordance with the laws of the State of New York without regard to the conflict or choice of law rules thereof. Courts sitting in the state of New York, federal and state shall have exclusive jurisdiction over any dispute arising hereunder. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kiwi Energy as a result of this agreement or use of the website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Kiwi Energy reserves the right to change its Website Privacy and Terms of Use at any time, and will immediately post the updated information on its Website.