Welcome
to The Kiteboarding Shop, LTD (TKS). TKS provides website features to you
subject to the following conditions. If you visit or shop at TKS,
you accept these conditions. Please read them carefully. In addition,
when you use any current or future TKS service or business you also will be
subject to the guidelines, terms and agreements ("Terms") applicable
to such service or business. If these conditions are inconsistent with such
Terms, the Terms will control.
Privacy
Please review our Privacy Notice, which also governs your visit to TKS, to
understand our practices.
Electronic
Communications
When you visit TKS or send e-mails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications
be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is
the property of TKS or its content suppliers and protected by national and
international copyright laws. The compilation of all content on this site
is the exclusive property of TKS and protected by national and international
copyright laws. All software used on this site is the property of TKS or its
software suppliers and protected by United State s and international copyright
laws.
Trademarks
TKS other TKS graphics, logos, page headers, button icons, scripts, and service
names are trademarks, registered trademarks or trade dress of TKS in New Zealand
and/or other countries. TKS"s trademarks and trade dress may not be used
in connection with any product or service that is not TKS"s, in any manner
that is likely to cause confusion among customers, or in any manner that disparages
or discredits TKS. All other trademarks not owned by TKS that appear on this
site are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by TKS.
License
and Site Access
TKS grants you a limited license to access and make personal use of this site
and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of TKS. This license does not include
any resale or commercial use of this site or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative use
of this site or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining, robots, or
similar data gathering and extraction tools. This site or any portion of this
site may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without express written consent
of TKS. You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout,
or form) of TKS without express written consent. You may not use any meta
tags or any other "hidden text" utilizing TKS"s name or trademarks
without the express written consent of TKS. Any unauthorized use terminates
the permission or license granted by TKS. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of TKS so long
as the link does not portray TKS, or its products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any
TKS logo or other proprietary graphic or trademark as part of the link without
express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under
your account or password. TKS does sell products for children, but it sells
them to adults, who can purchase with a credit card or other permitted payment
method. If you are under 18, you may use TKS only with involvement of a parent
or guardian. TKS reserves the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
Reviews,
Comments, Communications and other Content
Visitors may post reviews, comments, photos, and other content; and submit
suggestions, ideas, comments, questions, or other information, so long as
the content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the
origin of a card or other content. TKS reserves the right (but not the obligation)
to remove or edit such content, but does not regularly review posted content.
If you do post content or submit
material, and unless we indicate otherwise, you grant TKS a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You
grant TKS and sublicensees the right to use the name that you submit in connection
with such content, if they choose. You represent and warrant that you own
or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you
will indemnify TKS for all claims resulting from content you supply. TKS has
the right but not the obligation to monitor and edit or remove any activity
or content. TKS takes no responsibility and assumes no liability for any content
posted by you or any third party.
Risk
of Loss
All items purchased from TKS are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
Product
Descriptions
TKS attempts to be as accurate as possible. However, TKS does not warrant
that product descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by TKS itself is not
as described, your sole remedy is to return it in unused condition.
Pricing
Except where noted otherwise, the List Price displayed for products on our
website represents the full retail price listed on the product itself, suggested
by the manufacturer or supplier, or estimated in accordance with standard
industry practice.
With respect to items sold by TKS,
we cannot confirm the price of an item until you order; however, we do NOT
charge your credit card until after your order has entered the shipping process.
Despite our best efforts, a small number of the items in our catalog may be
mispriced. If an item"s correct price is higher than our stated price,
we will, at our discretion, either contact you for instructions before shipping
or cancel your order and notify you of such cancellation.
DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TKS
ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE
SPECIFIED IN WRITING. TKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, TKS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. TKS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT,
MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO
YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM TKS ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. TKS WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT,
MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO
YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Our Address
The Kiteboarding Shop Limited
63a Brookfield Tce
Tauranga, 3111
New Zealand