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.
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.
In addition, we collect your order information and purchase and payment history.
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.
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.
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.
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.
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.
Kivari is governed by, is obligated to comply with, and fully supports the spirit of the Bermuda Standard for Electronic Transactions.
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.
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.
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.