Terms of Service

1. Introduction

By signing up for the Get Kai (Services) or any of the services offered you are agreeing to be bound by the terms and conditions set out below (Terms of Service). Any new features or tools which are added to the current services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time by going to the getkai.nz website. Get Kai reserves the right to update and change the Terms of Service by posting updates and changes to the Get Kai website at any time. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you and by continuing to use the Services you will at all times be deemed to be bound by the most current Terms of Service.

Please read the Terms of Service as they detail your legal rights and obligations.

2. Contracting parties

The entity or person that you register as the Store Owner is referred to as you or your for the purposes of these Terms of Service, and you are the counter-party to this agreement with Get Kai.

3. Disclaimer

  1. The materials on getkai's website are provided on an 'as is' basis. getkai makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, getkai does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Agreement

By registering a Store with Get Kai, and utilising the Services, you are agreeing to be bound by these Terms of Service.

By using this store you are declaring you are operating a business in New Zealand and not in any other country.

5. Amendment

Get Kai can amend these Terms of Service (in whole or in part) at any time. Amendments will be effective immediately upon posting on the Get Kai website. You are responsible for ensuring that you are familiar with the latest Terms of Service at all times. Your continued use of the Services and Get Kai Platform represents your agreement to be bound by the Terms of Service as amended from time to time.

6. General

You warrant that all information provided by you at any time is true and accurate in all respects.

You must not use the Services for any illegal purpose and you are responsible at all times for ensuring compliance with the laws of the jurisdiction within which your Store operates.

You agree to indemnify Get Kai, its related companies, and the directors, officers, agents and employees of the same for all losses, costs, liabilities and damages (including all legal fees and expenses on a full indemnity basis) suffered by Get Kai or any such party as a consequence of any act or omission by you, any unauthorised access or use of the Get Kai website or Services by you, any breach of these Terms of Service by you, or your violation of any law or the rights of any third party.

You are responsible for all content that you upload using the Services and for all activity associated with your Get Kai account. Get Kai shall have no liability whatsoever to any party in respect of any use by you of the Services.

Further, getkai does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

In no event shall getkai or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on getkai's website, even if getkai or a getkai authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Get Kai reserves the right to refuse service to anyone, and to modify or terminate the Services, for any reason and at any time, without notice.

Get Kai shall be entitled to terminate this agreement at any time, and without notice, in the event of any breach of these Terms of Service by you (as may be determined by Get Kai in its sole discretion) or in the event that Get Kai suspects that you have engaged in any fraudulent or illegal activity utilising, or in connection with, the Services or Get Kai platform.

You agree not to involve, or attempt to involve, Get Kai, in any dispute or claim arising in respect of any transaction involving any of your employees, associates, customers or suppliers.

You understand that your content (other than credit card information which is always encrypted) may be transferred unencrypted, transmitted across various networks and changed to conform to the requirements of connecting networks or devices.

Get Kai may, but has no obligation to, remove any content or account containing content that it considers in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of another party’s intellectual property or these Terms of Service.

Verbal or written abuse of any kind, to or in respect of any person or entity, will result in the immediate termination of your account.

7. Get Kai services

Get Kai provides the Services to facilitate online and mobile ordering and associated functionality. Get Kai does not act as your agent and shall have no liability whatsoever to you or any other person in respect of orders or transactions implemented utilising the Get Kai Platform and Services.

Get Kai provides the Services on an as is, as available, basis and makes no representations, and gives no warranties, with respect to the continuity or availability of the Services. Get Kai excludes all and any liability arising from the supply of, or failure, interruption or delay in the supply of, any of the Services; the appropriateness of the Services for any particular purpose; the incorrect, inaccurate or delayed transmission of any transaction; or your use of the Services. Get Kai may at any time modify or withdraw, on a temporary or permanent basis, and wholly or in part, the Get Kai website and/or any of the Services and shall have no liability to you or any other party with respect to, or arising out of, any such modification or withdrawal.

Get Kai makes no representation or warranty that the Services will be uninterrupted or error-free, or that the Services are free of viruses. All implied conditions, guarantees and warranties are expressly excluded to the maximum extent permitted by law. Get Kai shall not be liable for any loss or damage of any nature whatsoever (whether direct, indirect, special, consequential, exemplary or otherwise) arising out of, or in connection with, your use of, or inability to use, the Service or the performance, or lack of performance of the Services.

Get Kai does not warrant or represent that the quality or nature of any products or services available to or obtained by you through Get Kai will meet your requirements or specifications, or that any errors or bugs in such products or services will be corrected.

Technical support is only provided to paying account holders and is only available via email at kiaora@getkai.nz.

Get Kai may provide you with access to third party tools over which Get Kai neither monitors nor has any control or input. You acknowledge and agree that Get Kai provides access to such tools on an as is, where is, basis without any warranties, representations or conditions of any kind and without any endorsement by Get Kai. Get Kai shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through the Get Kai platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third party provider/s.

Get Kai strongly recommends that you seek specialist advice before using or relying on such tools.

8. Intellectual property

Get Kai owns all intellectual property rights and copyright in the Get Kai Platform, website and Services (including with respect to functionality, content, text, graphics, logos and icons) and the software and other material underlying or forming part of the Platform, Services and/or website. You agree that you will not, in any manner or by any means, reverse engineer, resell, adapt, reproduce, copy, store, distribute, print, display, publish or create derivative works from any part of the Platform, website or Services, or attempt to commercialise, copy or sell any information or matters derived from the Platform, website or Services.

Get Kai does not claim any intellectual property rights over the material you upload or otherwise provide when utilising the Services. All such material remains yours. By uploading images of and information describing your products you agree that other internet users can view the same and you agree that Get Kai may store and display them and may at any time review all content submitted by you utilising the Services.

Fees

A valid credit card is required for the payment of all fees. Monthly fees (if applicable) will be charged to your credit card monthly in advance commencing on the date that each relevant Service is subscribed for by you.

Prices for using the Services are subject to change on 14 days’ notice. Such notice may be posted on the Get Kai website. You are responsible for ensuring that you are familiar with the latest prices at all times. Your continued use of the Services represents your agreement to be bound by the prices as amended from time to time.

Monthly fees are billed on a monthly basis in advance. You will be invoiced by email. Any disputes regarding an invoice must be raised within 10 days of the date of the invoice otherwise it will be deemed accepted by you in all respects.

5% + $0.30 commission fees will be charged per order and handled through stripe upon customers payment.

All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges in force at any time (Taxes). You are liable for all Taxes applicable to the provision of the Services to you. If you are required by law to make any tax deduction, withholding or payment from any amount payable by you to Get Kai, or Get Kai is required by law to make any payment, on account of taxation (other than taxation on its overall net income) or any other matter, on or in relation to any amount received or receivable by it from you, the amount paid or payable to, or received or receivable by, Get Kai shall be increased to the extent necessary to ensure that, after making the deduction, withholding or payment, Get Kai receives and retains (free of any liability in respect of any such deduction, withholding or payment) a net amount equal to the amount that Get Kai would have received and retained had no such deduction, withholding or payment been made.

Under no circumstances will you be entitled to a refund from Get Kai.

Termination by you

You can terminate your account with Get Kai at any time by emailing kiaora@getkai.nz. Once your account is terminated all of your content may be deleted from the Get Kai system. As deleted data cannot be retrieved, please be sure that you do wish to terminate your account before doing so.