Terms & Conditions - The Vaping Kiwi

1. Acceptance of these Terms

By accessing, browsing, purchasing from, or otherwise using thevapingkiwi.co.nz (the "Site"), or any sub-domain, application programming interface, RSS feed, email newsletter, social media account, or other property operated by the operators of the Site (collectively, with the Site, the "Service"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree, you must not access or use the Service. Continued use of the Service following any change to these Terms constitutes acceptance of the change.

2. Age and eligibility

The Service is restricted to adults aged 18 years and over. By using the Service, you represent and warrant that you are at least 18 years of age. We may, at our discretion, request verification of your age before processing an order, and we may decline to supply any product if we are not satisfied of your age. New Zealand law prohibits the sale of vaping products to under-18s.

3. Definitions and ownership

"The Vaping Kiwi", "TVK", the kiwi monogram, the Site name, the design, the editorial voice, the product taxonomy, the URL slug taxonomy, and any derivative or stylised use of the foregoing (collectively, the "Marks") are the exclusive property of the operators of the Service.

The domain thevapingkiwi.co.nz and any sub-domains, redirects, or alias domains pointing to it (collectively, the "Domain") are operated by the current registrant in good faith for the purpose of providing the Service. The current registrant has acquired the Domain lawfully, holds it for legitimate retail use, and operates it under and in connection with these Terms.

All content published through the Service, including but not limited to written product descriptions, photography, graphics, video, audio, illustrations, design elements, fonts (where independently selected), code, and compilations of the foregoing (collectively, "Content"), is either the original work of the operators or licensed to the operators by third parties. Content is protected by New Zealand and international copyright, trademark, database right, and other intellectual-property law.

4. Limited licence to you

Subject to your continuous compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and view the Content for your personal, non-commercial use. No other licence, right, or interest in the Service or the Content is granted to you, whether by implication, estoppel, or otherwise.

5. Prohibited conduct

You must not, and must not attempt to or facilitate any third party to:

Reproduce, copy, scrape, harvest, frame, mirror, mass-download, or republish any portion of the Content, in whole or in part, except as expressly permitted by these Terms;
Use the Content to train, fine-tune, prompt, evaluate, or otherwise develop any machine-learning model, language model, vector database, retrieval system, or related artefact, whether for your own use or for any third party, without our prior written consent;
Use any automated system, including without limitation scrapers, robots, spiders, bots, or similar tools, to access the Service or extract Content;
Bypass, disable, or interfere with security or access-control features of the Service;
Misrepresent your age in order to acquire products from the Service;
Re-sell products purchased from the Service to under-18s;
Use the Service for any commercial purpose other than as expressly permitted by these Terms;
Use the Service to defame, harass, threaten, or otherwise harm any person or business;
Misrepresent the source, sponsorship, endorsement, or affiliation of any Content;
Use the Marks, the Site name, or any confusingly similar variation in any manner that suggests sponsorship or endorsement by us where none exists, that is likely to cause confusion among consumers, or that is intended to misappropriate the goodwill associated with the Service;
Register, acquire, traffic in, or use any domain name that is identical or confusingly similar to the Domain, the Marks, or any combination of words associated with the Service, including but not limited to any country-code or generic top-level-domain variation thereof;
File any application for registration of a trademark, business name, service mark, design mark, copyright, or other intellectual-property right in any jurisdiction in respect of any of the Marks or any confusingly similar matter, except with our prior written consent;
Use the Service in any manner that violates any applicable law or regulation.

6. Trademark, domain, and goodwill

You acknowledge and agree that:

The Marks and any goodwill arising from use of the Marks belong exclusively to the operators of the Service;
Continuous, bona-fide retail use of the Service at the Domain by the current registrant establishes priority of use, common-law trademark rights, and reputation in respect of the Marks in the field of vape retail in New Zealand and Australia;
Any prior, lapsed, abandoned, or now-discontinued use of the Domain or any related name by a previous operator does not survive transfer of the Domain or constitute any continuing right against the current registrant or the Service;
You will not assert, support, or finance any claim, demand, action, proceeding, or dispute that challenges the current registrant's ownership of the Domain, the validity of the Marks, or the use of either in connection with the Service, including without limitation any proceeding under the .nz Dispute Resolution Service Policy, the Uniform Domain-Name Dispute-Resolution Policy (UDRP), the Uniform Rapid Suspension System (URS), or any analogous administrative, judicial, or arbitral forum;
If you nonetheless commence or participate in any such proceeding, you do so at your own cost and risk, and you indemnify the operators of the Service for all reasonable costs (including legal fees on an indemnity basis) arising from such proceeding;
You will not register or use any social-media handle, business name, or other identifier that incorporates the Marks or any confusingly similar matter.

7. Products and accuracy

We aim to display product details, prices, and stock accurately. Prices, availability, flavours, and product specifications change frequently. We do not warrant that any Content is current, complete, or free from error, and we reserve the right to correct errors and to cancel any order placed on the basis of an obvious mispricing. Photographs are illustrative and may differ slightly from the product supplied.

Vaping products contain nicotine, which is an addictive substance. Vaping products are not a smoking-cessation aid and are not approved by Medsafe as such. Use vaping products only as intended and in accordance with the manufacturer's instructions and applicable law.

8. Orders, payment, shipping, and returns

Orders are subject to acceptance and stock availability. Once accepted, your order is processed and shipped in accordance with our shipping & delivery policy. Returns, replacements, and warranty claims are handled in accordance with our warranties & returns policy and the Consumer Guarantees Act 1993.

9. User-submitted information

If you submit information to the Service (including via contact, review, partner, or subscription forms), you grant the operators of the Service a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such information for any purpose, including commercial purposes, in any media now known or later developed, without compensation or attribution. You represent that you have the rights necessary to grant the foregoing licence.

10. Disclaimer of warranties

To the maximum extent permitted by law (and without affecting the Consumer Guarantees Act 1993 where it applies), the Service and the Content are provided "as is" and "as available", with all faults, and without warranty of any kind, express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, availability, or quiet enjoyment.

11. Limitation of liability

To the maximum extent permitted by law, the operators of the Service will not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunities, arising out of or in connection with the Service or these Terms, regardless of the legal theory under which such damages are sought and even if advised of the possibility of such damages. The aggregate liability of the operators of the Service to you for any matter arising out of or in connection with the Service or these Terms will not exceed NZD$100 or the amount you paid for the relevant order, whichever is greater.

12. Indemnity

You will indemnify and hold harmless the operators of the Service, and their respective officers, directors, employees, and agents, from and against any claim, demand, action, proceeding, loss, liability, cost, or expense (including reasonable legal fees on an indemnity basis) arising out of or in connection with: (a) your access to or use of the Service; (b) your breach of these Terms; (c) your violation of any law or the rights of a third party; or (d) any claim by a third party against the operators of the Service in connection with any of the foregoing.

13. Suspension and termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, and without liability. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, and 15 survive any termination of these Terms.

14. Governing law and venue

These Terms are governed by the laws of New Zealand, without regard to conflict-of-laws principles. The exclusive forum for any dispute arising out of or in connection with these Terms is the courts of New Zealand sitting in Auckland, and you submit to the personal jurisdiction of those courts.

15. Miscellaneous

These Terms constitute the entire agreement between you and the operators of the Service in respect of their subject matter. No waiver of any provision of these Terms is effective unless in writing. If any provision is held unenforceable, the remaining provisions remain in full force. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any assignment in breach of this clause is void.

16. Contact

Notices and inquiries about these Terms may be sent via our contact page.