Terms & Conditions

Please read this Member Terms and Conditions Agreement (the "Agreement") carefully. The Agreement sets out the terms under which kol.co.nz (the "Services") are provided to you by us (Kiwi Online, PO Box 34-784, Birkenhead, Auckland, or through the kol.co.nz website (the "Site"). By registering with Kiwi Online, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the Terms, please do not register for the Kiwi Online Service or otherwise access or use this Site.

KOL has a four (4) hour timeout limit in its system that can terminate a KOL Members online session after this time limit. However, KOL Members may log back into the network immediately after if desired.

We reserve the right at any time to:

Change the terms and conditions of this Agreement;
Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
Change any fees or charges for using the Site.

When you register as an (Account Holder), we will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a Member, you represent and warrant that you are at least 18 years old, which is the minimum required age to become an (Account Holder) Member. However, we cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Site by persons under the age of 18 in violation of these Terms.

Either you, or Kiwi Online, may terminate your membership at any time, for any reason, effective upon sending written notice to the other party. All membership fees paid are nonrefundable and non transferable. We reserve the right to immediately suspend or terminate your access to the Service, without notice, upon any breach of this Agreement by you which is brought to our attention.

Your membership in the Service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

The Kiwi Online dialup service and helpdesk freephone, 0800 438565, are only available for use within New Zealand.

Username & Password

As part of the registration process, you will be asked to select an Account Holders username (screen name) and password. We may refuse to grant any username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by emailing us at info@kol.co.nz. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Technical Support

Kiwi Online provides internet connection (dial up and email settings) support for English Windows operating systems (98, 2000, ME, XP home and XP pro) but DOES NOT provide support for Mac, Windows N.T. 4, UNIX and Windows 95 software systems.

Kiwi Online does not provide technical support for any hardware, printers, modems etc.

Online Conduct

As a Member, you agree that:

You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

You will not post on the Service, or transmit to other Members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please notify us by email to info@kol.co.nz of any material contained in the Service that you believe infringes these rules.

You will not impersonate any person or entity.

You will not "stalk" or otherwise harass any person.

You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters, spam or junk email to other Members.

You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.

You will not harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent.

You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

You will not remove any copyright, trademark or other proprietary rights notices contained in the Site.

You will not interfere with or disrupt the Services or the Site or the servers or networks connected to the Services or the Site.

You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. If you receive any material of this nature, please notify us by writing to info@kol.co.nz

You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.

You are solely responsible for your interactions with other Members. Kiwi Online reserves the right, but has no obligation, to monitor disputes between you and other Members.

We do not exclude any liability for death or personal injury due to our negligence.

KOL Members must agree to all instructions and comply with any restrictions imposed regarding the use of our services.

KOL Members must agree to protect their security password or codes and must change these if requested to by us. KOL Members must agree to notify us immediately if they believe their code or password has been discovered and or if their code is being fraudulently used to access the services we provide (0800-438-565).

KOL Members cannot use our services in anyway that may infringe the law or any persons or establishment's legal rights such as copyright while using the services we provide.

KOL Members are more than welcome to, but advised not to use the KOL network for business purposes if this is their only form of communication. Kiwi Online cannot be held liable for any lost business / revenue / contracts or any other form of business failure due to Kiwi Online network disruptions, failure or outages. These network disruptions can be, but not limited to, email failure, website failure, file transfer failure, Instant Messaging failure, chat room failure, video conference failure or complete KOL network failure.

KOL Members cannot hold Kiwi Online responsible for anything that they may download from the internet (whether it is on purpose, by accident, by misleading information and circumstances or by any virus through an email, download or website visit) that may cause any damage to their computer and its internal devices (such as Hard Disc Drives, memory etc.).

KOL Members must agree not to obtain unauthorized access to anyone's system while using the service we provide.

KOL Members must agree to not post any objectionable material in their personal online storage. Objectionable material can range from pornography to sex/race/religious discrimination. KOL Members must adhere to this or lose the ability to have an online storage facility should Kiwi Online management receive complaints regarding any objectionable material. The possibility of having their Kiwi Online account cancelled and their payment balance withheld for associated costs is at the discretion of Kiwi Online management.

KOL Members must agree not to cause physical or any type of damage to anyone's system while using the services we provide.

KOL Members must agree not to cause a nuisance, be offensive or abusive to someone else while using the services we provide. This applies to email, chat rooms, Instant Messaging systems, message boards or any other communication system that can be used while online.

KOL Members must not use our email system for spamming KOL Members or anyone else.

KOL Members agree to receive all official Kiwi Online email which is sent to them.

KOL Members must agree to not excessively use their Internet connection whereby it causes others to have a less than acceptable Internet experience. This can mean staying online for excessive amounts of time.

Kiwi Online at all times will try and provide an adequate level of service to all of its members.

Kiwi Online may at anytime increase or decrease the advertised retail price of its services.

Accounts

All reminders and receipts are by email only. Members must supply Kiwi Online a current email address. All Payments must be for the full month purchased. No Part payments will be accepted and will not be credited to your account or refunded. To cancel or move a Direct Debit, we required notice of at least 2 working days before the scheduled debit. Email to accounts@kol.co.nz or call 0800 438565

Advertising

Age and gender are two extremely important pieces of information that can be used by Kiwi Online for advertising purposes. If at any time a minor (under 18 years) receives advertising material not intended for that person, or a gender specific advertisement is sent incorrectly, KOL reserves the right to not be held liable for this action.

KOL reserves the right to advertise to all KOL Members (in compliance with the New Zealand Advertising Standards Authority) where and when it sees fit.

Proprietary Rights

Kiwi Online owns and retains other proprietary rights in the Services and the Site. The Services and the Site contain the copyrighted material, trademarks and other proprietary information and software of Kiwi Online and its licensors / partners / employees. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.

By posting information or content to any area of kol.co.nz, you automatically grant, and you represent and warrant that you have the right to grant, to Kiwi Online and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

Information Supplied By Member

We will respect your personal information and undertake to comply with all applicable data protection legislation in new Zealand and other jurisdictions in which we offer the Service, subject to the Privacy Policy of Kiwi Online.

The personal information (including sensitive personal information) you provide to us will be stored on computer. You consent to us using this information to build up a profile of interests, preferences and browsing patterns and to allow you to participate in the kol.co.nz online community system. All Members also agree to uphold and maintain our Privacy Policy and to the terms and conditions thereof.

Disclaimer of Warranty

Kiwi Online PROVIDES THE SERVICE AND THE SITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH Kiwi Online OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. Kiwi Online SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Kiwi Online DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED. Kiwi Online DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR OTHER SERVICE.

Limitation of Liability

IN NO EVENT WILL Kiwi Online BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE, EVEN IF Kiwi Online OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS Kiwi Online's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Kiwi Online FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

In addition, Kiwi Online disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or "hackers") of the Service.

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

Indemnity by Member

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Online Content

Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective Member-author and not of Kiwi Online, and should not necessarily be relied upon. Such Members are solely responsible for such content. Kiwi Online does not guarantee the accuracy, completeness or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Kiwi Online be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service or transmitted to Members.

The Site may contain links to other Internet Web sites or resources. We neither control nor endorse such other Web sites, nor have we reviewed any content that appears on such other Web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other Web sites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.

We do not exclude any liability for death or personal injury due to our negligence.

Copyright Policy

We respect the intellectual property of others, and we ask our Members to do the same. If you believe that a copy of your work is available on the Service without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:

A description of the copyrighted work that you claim has been infringed;

Details of where the infringing material is located on the Site;

Your address, telephone number and email address;

A statement by you that you believe in good faith that the use of the work on the Site is not authorized by the copyright owner or any person entitled to act on their behalf or by law; and

An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorized to act on their behalf.

Please deliver this information to: Kiwi Online, PO Box 34-784, Birkenhead, Auckland, New Zealand.

Complaints

To resolve a complaint regarding the Service or the Site, you should contact Kiwi Online's Customer Support at info@kol.co.nz.

Trademark Notices

Kiwi Online or kol.co.nz is the trademark of Kiwi Online. Kiwi Online or KOL is the trademark of Kiwi Online. All other trademarks, logos, service marks, company or product names set forth in this Website are the property of their respective owners.

General Provisions

This Agreement, accepted by you upon registering for the Service, contains the entire agreement between you and Kiwi Online regarding the Service and the Site, including the Kiwi Online Privacy Policy. In the event of any conflict between the Privacy Policy and this Agreement, this Agreement shall control. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. This agreement shall terminate immediately and without notice if you breach any of the Terms, subject to the survival of all rights and reservations of Kiwi Online.

If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

The Member certifies that the Member has read and agrees to be bound by these Kiwi Online Member Terms and Conditions.

If a member does not comply with these obligations, we reserve the right to remove from our server any material which we consider breaches these obligations. If costs are incurred to us through the breaching of these terms we will forward or recuperate these costs to or from the member responsible.

KOL Prepaid calling – T&C’s

1.You must be a KOL Dial Up customer to sign up for a KOL Calling Bundle.

2.Your KOL Calling Bundle must be used within three months of the date you purchase the bundle. Any balance remaining in your account at the end of this three month period cannot be refunded or transferred.

3.Your KOL calling bundle is for toll calls, being national and international calls and calls to mobile phones from your landline (KOL Toll Calls). All KOL Toll Calls are subject to a one minute minimum charge. Calls longer than one minute duration are rounded up to the next minute.

4.Some malicious software or viruses can lead to toll calls being made automatically on your line. It is your responsibility to make sure you have sufficient security to meet your needs.

5.Rates for the KOL Toll Calls can be found at www.kol.co.nz and KOL reserves the right to change these rates from time to time.

6.Call records shown in the My Accounts section of the KOL website are evidence of toll calls made from your landline and call duration. You are responsible for the use of your landline and KOL is in no way liable for the misuse of your landline.

7.Special service numbers such as 0900, 0800 and 0500 will be charged at a different rate and will appear on your bill from your homeline provider

8.Charges for calls made using the prepaid KOL Calling Bundle will be debited against your KOL account balance as shown in your My Account section of the KOL website.

9.You must remove the toll bock on your homeline for the KOL calling bundles to work.

10.Customers with a prepaid homeline service have an enforced toll bar put on their line, and the KOL calling bundles will not work.