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PRIVACY

Kivari recognises the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. This Privacy Policy applies to current and former visitors to our website and to our online customers. By visiting and/or using our website, you agree to this Privacy Policy.

This Privacy Policy explains the information practices that apply to personally identifiable information that we collect about you as an individual, when you visit and/or use our website. Any information that we collect about you while you are visiting or using our website will be handled in accordance with this Kivari Privacy Policy and will not be shared except in accordance with this Kivari Privacy Policy. This Privacy Policy does not apply to information about you collected by our affiliates or third party websites that may post links or advertisements on or otherwise be accessible from the Kivari website. The information collected by these affiliates or third party websites is subject to their own privacy policies.

Information We Collect

This section of our Privacy Policy describes the categories of information collected by Kivari.

Information Collected Automatically:

Whenever you visit our website, we automatically collect some information about your interactions and/or transactions with us, and your use of our website. For example, we automatically collect your IP address, for Kivari internal use only, such as to help us diagnose problems with our server and administer our website. We also automatically track certain information about your activities on our website such as the type of web browser you are using and click stream data. We use this information to do internal research on your interests and to help us better understand and serve you.

Information You Send To Us:

If you choose to provide us with Personal Information, such as by sending us an e-mail or by filling out a form with your Personal Information and submitting it to us through our Website, we may collect the Personal Information that you provide to us. For example, if you place an order or fill out a web form, we may collect the Personal Information that you provide to us such as your contact or payment information.

Information About Your Transactions With Us:

In addition, we collect your order information and purchase and payment history.

Cookies and Similar Files:

Our Website uses “cookies” and files that are similar to cookies. Cookies are alphanumeric identifiers created by your browser at our request and stored in an approved and standardized place on your computer. No Personal Information about you is stored on the cookie. Most Web browsers accept cookies by default, but allow users to reject cookies by changing the browser preferences. If you have set up your browser to reject cookies, some aspects of our Website may not work properly. This Privacy Policy covers the use of cookies and similar files by Kivari only and does not cover the use of cookies and similar files by any third party advertisers or websites linked to the Website. We may use third-party advertising companies to serve ads on our behalf. These companies may use a cookie or an action tag, to track your response to their advertisement and to measure the effectiveness of their advertising or to award incentives or points to their members who respond to their advertisements. Kivari has no access to or control over cookies or action tags used by these third party companies. Kivari does not receive any personally identifiable information collected by these advertisers using action tags or cookies nor does Kivari share any of your personally identifiable information such as your name, telephone number or address with these companies except in accordance with this Kivari Privacy Policy. Members of the Network Advertising Initiative (NAI) permit you to limit targeted advertising from them by using an opt-out tool available on the NAI website at http://www.networkadvertising.org/consumer/opt_out.asp

Use and Disclosure of Information:

We use the information that we collect about you to maintain, improve, and administer our website, operate our business, provide products and services that you request, and personalise your online experience.In order to carry out certain business functions, such as order fulfilment, or e-mail delivery, we sometimes hire other companies to perform services on our behalf. We may disclose personally identifiable information that we collect about you to these companies to enable them to perform these services, but they are required to safeguard the data and are not authorised to use it for any other purpose than completing their contractual requirements to Kivari. For example, as a part of the normal process of completing a purchase, Kivari may provide your personal data to a third party payment, depending on your chosen method of payment.

We may also disclose information, including personal information, we collect about you in other circumstances as required or permitted by law. For example, Kivari reserves the right to disclose personal information, including account information, when we believe such disclosure is appropriate to cooperate with an investigation of activities claimed to be unlawful, to enforce our Terms of Use, or to protect the rights or property of Kivari or others.In addition, it is possible that in the future another company may acquire Kivari or its assets. It is also possible that Kivari may partner with or purchase another company to continue to do business as a combined entity. In the event that this occurs, it is possible that our customer information, including your personal information, may be transferred to the new business entity as one of Kivari’s assets. In such an event, we will update this policy to reflect any change in ownership or control of your personal information. We may also disclose information, including Personal Information, we collect about you in other circumstances as required or permitted by law. For example, Kivari reserves the right to disclose Personal Information, including account information, when we believe such disclosure is appropriate to cooperate with an investigation of activities claimed to be unlawful, to enforce our Terms of Use, or to protect the rights or property of Kivari or others. In addition, it is possible that in the future another company may acquire Kivari or its assets. It is also possible that Kivari may partner with or purchase another company to continue to do business as a combined entity. In the event that this occurs, it is possible that our customer information, including your Personal Information, may be transferred to the new business entity as one of Kivari’s assets. In such an event, we will update this policy to reflect any change in ownership or control of your Personal Information.

Links To Third Party Products and Services:

While you are visiting or using the Kivari website, you may be presented with an opportunity to purchase third party products or services. These products and services are offered and supplied by independent companies not owned or operated by Kivari. If you click on one of the presented offers, you will be redirected to the site of the third party, and any information you provide in response to the offer will be collected and used by the third party and not by Kivari. Information you provide to the third party and any dealings you have with the third party will be governed by the privacy and other policies of that third party.

Your Choices:

We offer you a variety of choices with respect to how we use and share your personal information.

Sharing Information With Others. We will not share your Personal Information, such as your e-mail address or name, with unaffiliated organisations for them to use to inform you about their or other companies’ products and services unless you opt in for marketing (if applicable). Even if you do not opt in to this sharing, we may still share Personal Information about you with other companies as permitted or required by law.

Website Security:

We maintain physical, electronic, and procedural safeguards designed to help us protect your nonpublic personal information. For example, Secure Socket Layer (SSL) technology is used to encrypt your credit card information when you purchase products via our website.

Changes to this Privacy Policy:

This Privacy Policy was last modified on April 17, 2013. Kivari may revise this Privacy Policy from time to time by posting a revised Privacy Policy on our Website. We reserve the right to modify this Privacy Policy at any time, so please review it frequently.

Order Confirmation:

Kivari sends an e-mail notice confirming acceptance of each order you place to the e-mail address you provided to us when purchasing. If you receive a confirmation for an order you did not place, please e-mail us immediately via our Contact Page.

TERMS OF USE

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. Kivari reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

Standard for Electronic Transactions:

Kivari is governed by, is obligated to comply with, and fully supports the spirit of the Bermuda Standard for Electronic Transactions.

Copyrighted Materials for Limited Use:

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Kivari, and/or its subsidiaries (referred to herein as “Kivari”) or the copyrighted property of parties from whom Kivari has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Kivari reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Use of Site:

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Kivari (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorised or permitted. Obtaining Products from Kivari does not entitle you to use any portion of Content apart from the finished Products as they are supplied to you by Kivari. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Kivari to provide Products to you. You agree that you will be responsible for all orders placed or other actions that are taken by you on this Website.

Indemnification:

You agree that you shall indemnify and defend Kivari and all parties from whom Kivari has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

Disclaimer of Warranty:

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these terms of use alter those consumer guarantees if it is illegal for Kivari to do so. If those consumer guarantees apply to you, and Kivari cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Kivari: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Kivari to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired. Certain circumstances are beyond Kivari´s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for quantity or product type, and damage to the products arising after delivery to the customer. Please correct any mistakes prior to placing your order.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KIVARI OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT KIVARI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM KIVARI OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL KIVARI BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT.

Site Feedback: Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Kivari in connection with the operation or content of this Site shall be provided by the submitter and received by Kivari on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Kivari. By submitting any such information to Kivari, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Kivari shall be free to use such information on an unrestricted basis.

Governing Law:

The party you are contracting with and the seller of the products and services offered and sold on this Site is Kivari. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of Australia. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Australia. You agree to submit to the jurisdiction of courts sitting in Australia, and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Kivari that a court sitting in Australia is an inconvenient forum for such legal action or proceeding.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.