TERMS & CONDITIONS OF Kiwii2u.com

Welcome to Kiwii2u.com. This web site is provided by Kiwii Stationery & Digital Print Centre [001654467-W] (referred to throughout this Web site as “Kiwii2u”) as a service to our customers (the “User”).
Please note that your use of the Kiwii2u.com site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms and conditions.
Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms and Conditions.
Kiwii2u reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.

Section 1 of these Terms and Conditions applies specifically to orders placed online with Kiwii2u.com.
Section 2 of these Terms and Conditions applies to all products and services available through Kiwii2u.com.

Section 1 - Terms and Conditions of Online Order
Online Order & Acceptance
You will be responsible for selecting the products you wish to order, for supplying and maintaining a functioning e-mail address, and your delivery address before placing an order on our website. Kiwii2u will acknowledge receipt of your order on the Website and by e-mail, in each case promptly. This is not our acceptance of your order, but a confirmation of its receipt. You may not assume Kiwii2u have accepted your order until Kiwii2u send you an invoice in electronic form. Only if and when you receive our invoice will we have made a binding legal contract with you.
After an invoice has been sent to customer email address, the customer is responsible for paying the entire amount of that order along with applicable taxes and shipping/handling fees, unless otherwise stated.
Kiwii2u will be entitled to refuse to accept your order if in our sole discretion we consider it necessary. If that happens Kiwii2u will let you know as soon as we can. If Kiwii2u accept your order, Kiwii2u will send you an acceptance promptly.
Kiwii2u reserves the right to use its sole discretion in refusing to produce anything it deems improper or known to be illegal. Kiwii2u is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans.
Once an order has been approved by customer and accepted by Kiwii2u, no changes are allowed to the artwork files, job characteristics, or turnaround time.

Price
All prices and amounts shown on this Site are in Ringgit Malaysia (RM), unless otherwise stated.
Prices posted on this website are subject to change without notice. Please note that no work will proceed on your order until full payment is received by Kiwii2u.

Payment Methods
All purchase requests must be submitted with an approved payment method unless otherwise expressly stated. Approved payment methods include any of the following methods:
- Pay by cash/credit card at Kiwii Stationery & Digital Print Centre, Ampang Selangor.
- Pay by cash via direct debit from account.
- Pay by regular check
- Or pay via other medium which is stated and approved by Kiwii2u
If you would like to pay by a regular check, your order will not process until the check has cleared. This may cause a significant delay in your order.

Refund Policy
No refunds are given once Kiwii2u begins work on your order, which means Kiwii2u has received your necessary materials (i.e. digital files and payment) and started work on your job (i.e. your job is in production). The refund however is subject to Kiwii2u’s sole discretion to refund the customer.
In some cases, a partial or full refund may be extended to the customer if no work has been completed by Kiwii2u for a specific order. Please note that such refund would be adjusted to cover any fees or other services associated with that order.

Color Accuracy and Hardcopy Proofs
Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a 'pleasing color' variation between color proofs and the completed job [as determined by generally accepted trade technical methods] is to be expected. When such a variation occurs, it will be considered acceptable performance.

Artwork Files
Our designer checks most artwork files before processing your job, but you are still 100% responsible for the accuracy of your artwork files and we encourage you to proofread all files carefully before submitting to Kiwii2u. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage to images or artwork.
Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material, if applicable.

Turnaround Time
The turnaround time begins once your order has been placed, all required artwork files are provided to Kiwii2u and payment has been made. Normal turnaround time for jobs with approved payment will take approximately 3 working days.
Amendment of an order based on turnaround time is only allowed if the customer indicates in writing (e.g. email) or via phone call within 24 hours of approved payment transaction. However the amendment will depend on whether the order has gone into processing. If process has begun, any amendment request cannot be entertained.

Delivery
Estimated delivery time within West Malaysia is 3 working days, East Malaysia is 5 working days, Outside Malaysia is 10 working days.
No delivery during weekends and public holidays.
Kiwii2u assumes no responsibility for delays caused by delivery carriers, weather or any damages resulting from the failure to receive the order on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
If there is no one at the address given who is competent to accept delivery of the products, you will be notified that an attempt to deliver the products was made and you will be given the option to either arrange for a further delivery at your cost, or to collect free of charge the products from the nearest depot of our shipping forwarder.

Right to Subcontract
Kiwii2u shall have the right to assign any portion of the work required to another contractor.

Miscellaneous
Kiwii2u shall only be liable to rectify mailing errors only to the extent of re-mailing a corrected job as soon as possible, and allowable damages shall be limited to the value of the work performed. Under no circumstances is Kiwii2u liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.
The customer will defend and hold Kiwii2u harmless in any suit or court action brought against Kiwii2u by others for alleged damages, costs, expenses (including attorney’s fees), liabilities or losses resulting from circumstances where Kiwii2u, acting as the customer's agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in Kiwii2u sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others.
All complaints must be registered within 24 hours of receipt of your final job. Should your job contain manufacturing errors and/or defects (as determined by Kiwii2u), Kiwii2u would rerun your job at no charge. All materials we create in producing your product are the property of Kiwii2u. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your product. Please note that your images or logos used for your product will not be used in any national advertising without your prior written consent.

Section 2 - General Terms and Conditions
Copyright Notice
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively the "Content") are intellectual property and copyrighted works of Kiwii2u and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the Malaysian Copyright Act of 1987.

Corporate Identification and Trademarks
"Kiwii2u", "kiwii2u.com", "kiwii2u.com.my" and any and all other marks appearing on this Site are trademarks of Kiwii2u. You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Kiwii2u’s prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited.
Kiwii2u prohibits the use of Trademarks as a "hot" link on, or to, any other Web site unless establishment of such a link is pre-approved by Kiwii2u in writing.

Use Restriction
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests.
You may not use robots or other automated means to access this Site, unless specifically permitted by Kiwii2u.
You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Kiwii2u’s prior written consent is prohibited.

Email
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (e.g. product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Kiwii2u programs. Also please remember that you are responsible for whatever material you submit and that you, not Kiwii2u, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to us become the exclusive property of Kiwii2u.

Privacy
You consent to the use of your personal information by Kiwii2u, its third-party providers, and/or distributors in accordance with the terms of use and for the purposes set forth herein. You confirm that you have read, understood and agree to the terms incorporated herein and agree that the terms of such policy are reasonable and satisfactory to you. If you are not a resident of the Malaysia, please note that the personal information you submit to the Site will be transferred to Malaysia and be processed by Kiwii2u in order to provide this Site and its services to you, or for such other purposes (as set forth in herein).

General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KIWII2U INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
You agree to defend, indemnify and hold harmless Kiwii2u and the Covered Party from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of the Site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.

Third Parties
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto. Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.

User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively the "Comments") shall become and remain the exclusive property of Kiwii2u. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to other Web sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Kiwii2u, and are neither its employees nor agents.

Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Miscellaneous
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.

Entire Agreement
These Terms and Conditions and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively the "Agreement") between you, Kiwii2u and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.


Version 1.0 - Last updated: 10-Jul-2012
 
 

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