Kawhi Makes Me Happy

Updated on November 15th 2023

Kawhi ("we," "our," or "us") is committed to protecting your privacy. This Privacy Policy explains how your personal information is collected, used, and disclosed by Kawhi.

This Privacy Policy applies to our website/app and its associated subdomains (collectively, our "Service") alongside our application, Kawhi. By accessing or using our Service, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Service.

Definitions and key terms

To help explain things as clearly as possible in this Privacy Policy, every time any of these terms are referenced, are strictly defined as:

Cookie: a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you, such as your language preference or login information.
Company: when this Policy mentions "Company," "we," "us," or "our," it refers to Kawhi Global (45 Tay Street Invercargill, New Zealand), which is responsible for your information under this Privacy Policy.
Country: where Kawhi or the owners/founders of Kawhi are based, in this case, New Zealand
Customer: refers to the company, organization, or person that signs up to use the Kawhi Service to manage the relationships with your consumers or service users.
Device: any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Kawhi and use the services.
IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often identify the location from which a device connects to the Internet.
Personnel refers to those individuals employed by Kawhi or under contract to perform a service on behalf of one of the parties.
Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Service refers to the Service provided by Kawhi as described in the relative terms (if available) and on this platform.
Third-party Service refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
You: a person or entity registered with Kawhi to use the Services.

What Information Do We Collect?

We collect information from you when you visit our website/app, register on our site, place an order, subscribe to our newsletter, respond to a survey, or fill out a form.

Name / Username
Phone Numbers
E-mail Addresses
Password

We also collect information from mobile devices for a better user experience, although these features are completely optional:

Location (GPS): Location data helps to accurately represent your interests, which can be used to bring more targeted and relevant ads to potential customers.
Camera (Pictures): Granting camera permission allows the user to upload any picture straight from the platform; you can safely deny camera permissions for this platform.
Photo Gallery (Pictures): Granting photo gallery access allows the user to upload any picture from their photo gallery; you can safely deny photo gallery access for this platform.

When does Kawhi use end-user information from third parties?

Kawhi will collect End User Data necessary to provide the Kawhi services to our customers. End users may voluntarily provide us with information they have made available on social media websites. If you provide us with any such information, we may collect publicly available information from the social media websites you have indicated. You can control how much of your information social media websites make public by visiting these websites and changing your privacy settings.

When does Kawhi use customer information from third parties?

We receive some information from third parties when you contact us. For example, when you submit your e-mail address to us to show interest in becoming a Kawhi customer, we receive information from a third party that provides automated fraud detection services to Kawhi. We also occasionally collect information that is made publicly available on social media websites. You can control how much of your information social media websites make public by visiting these websites and changing your privacy settings.

Do we share the information we collect with third parties?

We may share the information that we collect, both personal and non-personal, with third parties such as advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you. We may also share it with our current and future affiliated companies and business partners. If we are involved in a merger, asset sale, or other business reorganization, we may share or transfer your personal and non-personal information to our successors-in-interest.

We may engage trusted third-party service providers to perform functions and provide services to us, such as hosting and maintaining our servers and the website/app, database storage and management, e-mail management, storage marketing, credit card processing, customer service, and fulfilling orders for products and services you may purchase through the website/app. We will likely share your personal information, and possibly some non-personal information, with these third parties to enable them to perform these services for us and you.

We may share portions of our log file data, including IP addresses, for analytics purposes with third parties such as web analytics partners, application developers, and ad networks. If your IP address is shared, it may be used to estimate general location and other technographics such as connection speed, whether you have visited the website/app in a shared location, and the type of device used to visit the website/app. They may aggregate information about our advertising and what you see on the website/app and then provide auditing, research, and reporting for us and our advertisers.

We may also disclose personal and non-personal information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect our rights and interests or those of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.

Where and when is information collected from customers and end users?

Kawhi will collect personal information that you submit to us. We may also receive personal information about you from third parties as described above.

How Do We Use The Information We Collect?

Any of the information we collect from you may be used in one of the following ways:

To personalize your experience (your information helps us to better respond to your individual needs)
To improve our website/app (we continually strive to improve our website/app offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us to respond to your customer service requests and support needs more effectively)
To process transactions
To administer a contest, promotion, survey, or other site feature
To send periodic e-mails

How Do We Use Your E-mail Address?

By submitting your e-mail address on this website/app, you agree to receive e-mails from us. You can cancel your participation in these e-mail lists at any time by clicking on the opt-out link or other unsubscribe options included in the respective e-mail. We only send e-mails to people who have authorized us to contact them directly or through a third party. /p>

We do not send unsolicited commercial e-mails because we hate spam as much as you do. By submitting your e-mail address, you also agree to allow us to use your e-mail address for customer audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us. E-mail addresses submitted only through the order processing page will be used to send you information and updates pertaining to your order. If, however, you have provided the same e-mail to us through another method, we may use it for any of the purposes stated in this Policy. Note: If at any time you would like to unsubscribe from receiving future e-mails, we include detailed unsubscribe instructions at the bottom of each e-mail.

How Long Do We Keep Your Information?

We keep your information only so long as we need it to provide Kawhi to you and fulfill the purposes described in this Policy. This is also the case for anyone we share your information with and who carries out services on our behalf. When we no longer need to use your information and we do not need to keep it to comply with our legal or regulatory obligations, we'll either remove it from our systems or depersonalize it so that we can't identify you.

How Do We Protect Your Information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) is never kept on file. We cannot, however, ensure or warrant the absolute security of any information you transmit to Kawhi or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or managerial safeguards.

Could my information be transferred to other countries?

Kawhi is incorporated in New Zealand. Information collected via our website/app, through direct interactions with you, or from using our help services may be transferred from time to time to our offices or personnel or to third parties located worldwide. It may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. To the fullest extent allowed by applicable law, by using any of the above, you voluntarily consent to the trans-border transfer and hosting of such information.

Is the information collected through the Kawhi Service secure?

We take precautions to protect the security of your information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes, or fail to follow policies. Therefore, while we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security. If applicable law imposes any non-disclaimable duty to protect your personal information, you agree that intentional misconduct will be the standard to measure our compliance with that duty.

Can I update or correct my information?

Your rights to request updates or corrections to the information Kawhi collects depend on your relationship with Kawhi. Personnel may update or correct their information as detailed in our internal company employment policies.

Customers have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us to:

Update or correct your personally identifiable information.
Change your preferences with respect to communications and other information you receive from us.
Delete the personally identifiable information maintained about you on our systems (subject to the following paragraph) by canceling your account.

Such updates, corrections, changes, and deletions will not affect other information that we maintain or have provided to third parties in accordance with this Privacy Policy before such updates, corrections, changes, or deletions. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information.

You should be aware that it is not technologically possible to remove every record of the information you provided us from our system. The need to back up our systems to protect information from accidental loss means that a copy of your information may exist in a non-erasable form that will be difficult or impossible for us to locate. Promptly after receiving your request, all personal information stored in databases we actively use, and other readily searchable media will be updated, corrected, changed, or deleted, as appropriate, as soon as and to the extent reasonably and technically practicable.

If you are an end-user and wish to update, delete, or receive any information we have about you, you may contact the organization of which you are a customer.

Personnel

If you are a Kawhi worker or applicant, we collect information you voluntarily provide to us. We use the information collected for Human Resources to administer benefits to workers and screen applicants.

You may contact us to:

Update or correct your information.
Change your preferences with respect to communications and other information you receive from us.
Receive a record of the information we have relating to you.

Such updates, corrections, changes, and deletions will not affect other information that we maintain or have provided to third parties in accordance with this Privacy Policy before such updates, corrections, changes, or deletions.

Sale of Business

We reserve the right to transfer information to a third party in the event of a sale, merger, or other transfer of all or substantially all of the assets of Kawhi or any of its Corporate Affiliates (as defined herein) or that portion of Kawhi or any of its Corporate Affiliates to which the Service relates, or if we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

Affiliates

We may disclose information (including personal information) about you to our Corporate Affiliates. For purposes of this Privacy Policy, "Corporate Affiliate" means any person or entity that directly or indirectly controls is controlled by, or is under common control with Kawhi, whether by ownership or otherwise. Those Corporate Affiliates will treat any information relating to you that we provide to our Corporate Affiliates in accordance with the terms of this Privacy Policy.

Governing Law

The laws of New Zealand govern this Privacy Policy without regard to its conflict of laws provision. You consent to the exclusive jurisdiction of the courts in connection with any action or dispute arising between the parties under or in connection with this Privacy Policy except for those individuals who may have rights to make claims under Privacy Shield or the Swiss-US framework.

The laws of New Zealand, excluding its conflicts of law rules, shall govern this Agreement and your use of the website/app. Your use of the website/app may also be subject to other local, state, national, or international laws.

Using Kawhi or contacting us directly signifies your acceptance of this Privacy Policy. If you disagree with this Privacy Policy, you should not engage with our website/app or use our services. Continued use of the website/app, direct engagement with us, or following the posting of changes to this Privacy Policy that do not significantly affect the use or disclosure of your personal information will mean that you accept those changes.

Your Consent

We've updated our Privacy Policy to provide complete transparency into what is set when you visit our site and how it's used. By using our Kawhi, registering an account, or making a purchase, you hereby consent to our Privacy Policy and agree to its terms.

Links to Other Websites

This Privacy Policy applies only to the Services. The Services may contain links to websites not operated or controlled by Kawhi. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that our Privacy Policy is no longer in effect when you use a link to go from the Services to another website. Your browsing and interaction on any other website, including those with a link on our platform, is subject to that website's rules and policies. Third parties may use their own cookies or other methods to collect information about you.

Cookies

Kawhi uses "Cookies" to identify the areas of our website/app you visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to enhance the performance and functionality of our website/app, but they are non-essential to their use. However, without these cookies, certain functionality, like videos, may become unavailable, or you would be required to enter your login details every time you visit the website/app, as we would not be able to remember that you had logged in previously. Most web browsers can be set to turn off the use of Cookies. However, if you turn off Cookies, you may not be able to access functionality on our website/app correctly or at all. We never place Personally Identifiable Information in Cookies.

Blocking and turning off cookies and similar technologies

You may also set your browser to block cookies and similar technologies wherever you're located. Still, this action may block our essential cookies and prevent our website/app from functioning properly, and you may not be able to utilize all of its features and services fully. You should also be aware that you may lose some saved information (e.g., saved login details and site preferences) if you block cookies on your browser. Different browsers make different controls available to you. Turning off a cookie or category of cookie does not delete the cookie from your browser; you will need to do this yourself from within your browser; you should visit your browser's help menu for more information.

Payment Details

With respect to any credit card or other payment processing details you have provided us, we commit that this confidential information will be stored in the most secure manner possible.

Kids' Privacy

We collect information from kids under the age of 13 just to better our services. If You are a parent or guardian and know that Your child has provided Us with Personal Data without your permission, don't hesitate to contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

Changes To Our Privacy Policy

We may change our Service and policies, and we may need to make changes to this Privacy Policy so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to this Privacy Policy and allow you to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Privacy Policy. You can delete your account if you do not want to agree to this or any updated Privacy Policy.

Third-Party Services

We may display, include, or make available third-party content (including data, information, applications, and page other products and services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that Kawhi shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Kawhi does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-party services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Tracking Technologies

Cookies

We use cookies to enhance the performance and functionality of our platform, but they are non-essential to their use. However, without these cookies, certain functionality, like videos, may become unavailable, or you would be required to enter your login details every time you visit the platform, as we could not determine that you had logged in previously.

Information about General Data Protection Regulation (GDPR)

We may collect and use your information if you are from the European Economic Area (EEA). In this section of our Privacy Policy, we will explain exactly how and why this data is collected and how we maintain this data under protection from being replicated or used incorrectly.

What is GDPR?

GDPR is an EU-wide privacy and data protection law that regulates how companies protect EU residents' data and enhances the control the EU residents have over their personal data.

The GDPR is relevant to any globally operating company, not just EU-based businesses and EU residents. Our customers' data is important irrespective of location, so we have implemented GDPR controls as our baseline standard for all our operations worldwide.

What is personal data?

Any data that relates to an identifiable or identified individual. GDPR covers a broad spectrum of information that could be used on its own or in combination with other information pieces to identify a person. Personal data extends beyond a person's name or e-mail address. Some examples include financial information, political opinions, genetic data, biometric data, IP addresses, physical address, sexual orientation, and ethnicity.

The Data Protection Principles include requirements such as:

Personal data collected must be processed fairly, legally, and transparently and should only be used in a way that a person would reasonably expect.
Personal data should only be collected to fulfill a specific purpose and should only be used for that purpose. Organizations must specify why they need the personal data when they collect it.
Personal data should be held no longer than necessary to fulfill its purpose.
People covered by the GDPR have the right to access their data. They can also request a copy of their data and that their data be updated, deleted, restricted, or moved to another organization.

Why is GDPR important?

GDPR adds some new requirements regarding how companies should protect individuals' data that they collect and process. It also raises the stakes for compliance by increasing enforcement and imposing greater fines for breaches. Beyond these facts, it's simply the right thing to do. At Kawhi, we strongly believe that your data privacy is very important, and we already have solid security and privacy practices that go beyond this new regulation's requirements.

Individual Data Subject's Rights - Data Access, Portability and Deletion

We are committed to helping our customers meet the data subject rights requirements of GDPR. Kawhi processes or stores all personal data in fully vetted, DPA-compliant vendors. We store all conversation and personal data for up to 6 years unless your account is deleted. In this case, we dispose of all data in accordance with our Terms of Service and Privacy Policy, but we will not hold it for longer than 60 days.
We know that if you are working with EU customers, you need to be able to provide them with the ability to access, update, retrieve, and remove personal data. We got you! We've been set up as self-service from the start and have always given you access to your data and your customer's data. Our customer support team is here for you to answer any questions you might have about working with the API.

California Residents

The California Consumer Privacy Act (CCPA) requires us to disclose the categories of Personal Information we collect and how we use it, the categories of sources from whom we collect Personal Information, and the third parties with whom we share it, which we have explained above.

We are also required to communicate information about California residents' rights under California law. You may exercise the following rights:

Right to Know and Access. You may submit a verifiable request for information regarding the (1) categories of Personal Information we collect, use, or share; (2) purposes for which categories of Personal Information are collected or used by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected about you.
Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.
Right to Delete. You may submit a verifiable request to close your account, and we will delete the Personal Information about you that we have collected.

Request that a business that sells a consumer's personal data, not sell the consumer's data.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, don't hesitate to contact us.

We do not sell the Personal Information of our users.

For more information about these rights, don't hesitate to contact us.

California Online Privacy Protection Act (CalOPPA)

CalOPPA requires us to disclose the categories of Personal Information we collect and how we use it, the categories of sources from whom we collect Personal Information, and the third parties with whom we share it, which we have explained above.

CalOPPA users have the following rights:

Right to Know and Access. You may submit a verifiable request for information regarding the (1) categories of Personal Information we collect, use, or share; (2) purposes for which categories of Personal Information are collected or used by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected about you.
Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.
Right to Delete. You may submit a verifiable request to close your account, and we will delete the Personal Information about you that we have collected.
Right to request that a business that sells a consumer's personal data, not sell the consumer's data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, don't hesitate to contact us.
We do not sell the Personal Information of our users.
For more information about these rights, don't hesitate to contact us.

Contact Us

Don't hesitate to contact us if you have any questions.

Via E-mail: beans@kawhi.app

COOKIE POLICY

Updated on November 15th 2023

Definitions and key terms

To help explain things as clearly as possible in this Cookie Policy, every time any of these terms are referenced, are strictly defined as:

Cookie: a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you, such as your language preference or login information.
Company: When this policy mentions "Company," "we," "us," or "our," it refers to Kawhi, that is responsible for your information under this Cookie Policy.
Device: any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Kawhi and use the services.
Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Service: refers to the Service provided by Kawhi as described in the relative terms (if available) and on this platform.
Third-party Service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
You: a person or entity registered with Kawhi to use the Services.

Introduction

This Cookie Policy explains how Kawhi and its affiliates (collectively "Kawhi," "we", "us", and "ours") use cookies and similar technologies to recognize you when you visit our website/app, including without limitation kawhi.app and any related URLs, mobile or localized versions and related domains / sub-domains ("Websites"). It explains what these technologies are, why we use them, and the choices for controlling them

What is a cookie?

A cookie is a small text file stored on your computer or other internet-connected device to identify your browser, provide analytics, and remember information about you, such as your language preference or login information. They're completely safe and can't be used to run programs or deliver viruses to your device.

Why do we use cookies?

We use first-party and/or third-party cookies on our website/app for various purposes, such as:

To facilitate the operation and functionality of our website/app;
To improve your experience of our website/app and make navigating around them quicker and easier;
To allow us to make a bespoke user experience for you and for us to understand what is useful or of interest to you;
To analyze how our website/app is used and how best we can customize it;
To identify prospects and personalize marketing and sales interactions with it;
To facilitate the tailoring of online advertising to your interests.

What type of cookies does Kawhi use?

Cookies can either be session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires or you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes, while others may expire after multiple years. Cookies placed by the website you're visiting are called "first-party cookies."
Strictly Necessary cookies are necessary for our website/app to function and cannot be switched off in our systems. They are essential to enable you to navigate the website/app and use its features. If you remove or turn off these cookies, we cannot guarantee that you will be able to use our website/app.
We use the following types of cookies in our website/app:

Essential Cookies

We use essential cookies to make our website/app work. These cookies are strictly necessary to enable core functionality such as security, network management, your cookie preferences, and accessibility. Without them, you wouldn't be able to use basic services. You may disable these by changing your browser settings, which may affect how the Websites function.

Performance and Functionality Cookies

These cookies are used to enhance the performance and functionality of our website/app but are non-essential to their use. However, without these cookies, certain functionality, like videos, may become unavailable, or you would be required to enter your login details every time you visit the website/app, as we cannot determine that you had logged in previously.

How you can manage cookies?

Most browsers allow you to control cookies through their 'settings' preferences. However, if you limit the ability of websites to set cookies, you may worsen your overall user experience, since it will no longer be personalized to you. It may also stop you from saving customized settings like login information. Browser manufacturers provide help pages relating to cookie management in their products.
Browser manufacturers provide help pages relating to cookie management in their products.

Blocking and turning off cookies and similar technologies

Wherever you're located, you may also set your browser to block cookies and similar technologies, but this action may block our essential cookies and prevent our website/app from functioning properly, and you may not be able to utilize all of its features and services fully

You should also be aware that you may lose some saved information (e.g., saved login details and site preferences) if you block cookies on your browser. Different browsers make different controls available to you. Turning off a cookie or category of cookie does not delete the cookie from your browser; you will need to do this yourself from within your browser; you should visit your browser's help menu for more information.

Changes To Our Cookie Policy

We may change our Service and policies, and we may need to make changes to this Cookie Policy so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to this Cookie Policy and allow you to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Cookie Policy. You can delete your account if you do not want to agree to this or any updated Cookie Policy.

Your Consent

By using our website/app, registering an account, or purchasing, you hereby consent to our Cookie Policy and agree to its terms.

Contact Us

Don't hesitate to contact us with questions regarding our Cookie Policy. Via Email: beans@kawhi.app

END-USER LICENSE AGREEMENT

Updated on November 15th 2023

Kawhi hereby grants you access to kawhi.app ("the website/app") and invites you to purchase the services offered here.

Definitions and key terms

To help explain things as clearly as possible in this Eula, every time any of these terms are referenced, they are strictly defined as:

Cookie: a small amount of data generated by a website/app and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you, such as your language preference or login information.
Company: When this policy mentions "Company," "we," "us," or "our," it refers to Kawhi Global (60 Tay Street Invercargill, New Zealand), which is responsible for your information under this Eula.
Country: where Kawhi or the owners/founders of Kawhi are based, in this case, New Zealand
Service: refers to the service provided by Kawhi as described in the relative terms (if available) and on this platform.
Third-party service refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
You: a person or entity registered with Kawhi to use the Services.

Introduction

This End User License Agreement (the "Agreement") is a binding agreement between you ("End User," "you," or "your") and Kawhi Global ("Company," "we," "us," or "our"). This Agreement governs the relationship between you and us and your use of the Company Kawhi. Throughout this Agreement, the End User and Company may each be referred to as a "Party" or, collectively, the "Parties."
If you are using the website/app on behalf of your employer or other entity (an "Organisation") for whose benefit you utilize the website/app or who owns or otherwise controls the means through which you utilize or access the website/app, then the terms "End User," "you," and "you're" shall apply collectively to you as an individual and to the Organisation.
If you use or purchase a license to the website/app on behalf of an Organisation, you hereby acknowledge, warrant, and covenant that you have the authority to 1) purchase a license to the website/app on behalf of the Organisation; 2) bind the Organisation to the terms of this Agreement.
By downloading, installing, accessing, or using the website/app, you: (a) affirm that you have all of the necessary permissions and authorisations to access and use the website/app; (b) if you are using the website/app pursuant to a license purchased by an organisation, that Organisation authorises you to access and use the website/app(c) acknowledge that you have read and that you understand this Agreement; (d) represent that you are of sound mind to enter into a binding agreement; and (e) accept and agree to be legally bound by the terms and conditions of this Agreement.
If you disagree with these terms, do not download, install, access, or use the Software. Delete the Software from your computing device if you have already downloaded it.
The Application is licensed, not sold, to you by Kawhi for use strictly in accordance with the terms of this Agreement.

License

Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement, Kawhi grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to: (a) download, install, and use the Software on one (1) Computing Device per single-user license you have purchased and been granted. If you have multiple Computer Devices in which you wish to use the Software, you agree to acquire a license for the number of devices you intend to use; (b) access, view, and use on such Computing Device the End User Provided Materials made available in or otherwise accessible through the Software, strictly in accordance with this Agreement, and any other terms and conditions applicable to such End User Provided Materials; (c) install and use the trial version of the Software on any number of Computing Devices for a trial period of fifteen (15) unique days after installation. (d) receive updates and new features that become available during the one (1) year from the date you purchased the license to the Software.

Restrictions

You agree not to, and you will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application or make the Application available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Application.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Kawhi or its affiliates, partners, suppliers, or the licensors of the Application.

Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures, and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") that are part of the Software that are otherwise owned by Kawhi shall always remain the exclusive property of Kawhi (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any Organisation) a license to Kawhi's Intellectual Property Rights.
You agree that this is Agreement conveys a limited license to use Kawhi's Intellectual Property Rights solely as part of the Software (and not independently of it) and only for the effective Term of the license granted to you hereunder. Accordingly, your use of any of Kawhi's Intellectual Property Rights independently of the Software or outside the scope of this Agreement shall be considered an infringement of Kawhi's Intellectual Property Rights. This shall not limit, however, any claim Kawhi may have for a breach of contract if you breach a term or condition of this Agreement. You shall use the highest standard of care to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Except as expressly granted in this Agreement, Kawhi reserves and shall retain all rights, title, and interest in the Software, including all copyrights and copyrightable subject matter, trademarks and trademark-able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the thereto.
You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property Rights in and to the work products you create through or with the assistance of the Software.

Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to Kawhi with respect to the Application shall remain the sole and exclusive property of Kawhi.

Kawhi shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Modifications to Application

Kawhi reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Updates to Application

Kawhi may occasionally provide enhancements or improvements to the features/ functionality of the Application, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the Application. You agree that Kawhi has no obligation to (i) provide any Updates or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Term and Termination

This Agreement shall remain in effect until terminated by you or Kawhi. Kawhi may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Kawhi, if you fail to comply with any provision of this Agreement. You may terminate this Agreement by deleting the Application and all copies from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer. Termination of this Agreement will not limit any of Kawhi's rights or remedies at law or in equity in case of breach by you (during the Term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify, defend, and hold harmless Kawhi and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to:

Your use or misuse of the Software.
Your failure to comply with applicable laws, regulations, or government directives.
Your breach of this Agreement.
Your Agreement or relationship with an Organisation (if applicable) or any third party.

Furthermore, you agree that Kawhi assumes no responsibility for the information or content you submit or make available through this Software or the content made available to you by third parties.

No Warranties

The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Kawhi, on its behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Kawhi provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither Kawhi nor any of Kawhi's providers makes any representation or warranty of any kind, express or implied:

As to the operation or availability of the Application, or the information, content, and materials or products included thereon.
That the Application will be uninterrupted or error-free.
The accuracy, reliability, or currency of any information or content provided through the Application.
The Application, its servers, the content, or e-mails sent from or on behalf of Kawhi are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages you might incur, the entire liability of Kawhi and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount paid by you for the Application. To the maximum extent permitted by applicable law, in no event shall Kawhi or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party Software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Kawhi or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

Kawhi reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you disagree with the new terms, you can no longer use the Application.

Changes to this Agreement

We reserve the exclusive right to change this Agreement from time to time. Your continued access to and use of the website/app constitutes your Agreement to be bound by and your acceptance of the terms and conditions posted at such time. You acknowledge and agree to accept this Agreement (and any amendments thereto) each time you load, access, or use the website/app. Therefore, we encourage you to review this Agreement regularly.

If within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance of the amended terms by providing us with written notice of your withdrawal. Upon providing us with the written notice of the withdrawal of your acceptance, you are no longer authorized to access or use the website/app.

No Employment or Agency Relationship

No provision of this Agreement, or any part of a relationship between you and Kawhi, is intended to create nor shall they be deemed or construed to create any relationship between you and Kawhi other than that of an end user of the website/app and services provided.

Equitable Relief

You acknowledge and agree that your breach of this Agreement would cause Kawhi irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Kawhi may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent this Agreement's actual, threatened, or continued breach.

Headings

The headings in this Agreement are for reference only and shall not limit the scope of, or otherwis

Geographic Restrictions

The Company is based in New Zealand, provides access and use primarily by persons in New Zealand, and maintains compliance with New Zealand laws and regulations. If you use the website/app from outside New Zealand, you are solely and exclusively responsible for compliance with local laws.

Limitation of Time to File Claims

Any cause of action or claim you may have arising out of or relating to this Agreement or the website/app must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Entire Agreement

The Agreement constitutes the entire Agreement between you and Kawhi regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Kawhi. You may be subject to additional terms and conditions when you use or purchase other Kawhi services, which Kawhi will provide at the time of such use or purchase.

Contact Us

Don't hesitate to contact us with any questions about this Agreement. Via E-mail: beans@kawhi.app

TERMS AND CONDITIONS

Updated on November 15th 2023

General Terms

By accessing and placing an order with Kawhi, you confirm that you are in Agreement with and bound by the terms of Service in the Terms and conditions outlined below. These terms apply to the entire website and any email or other communication between you and Kawhi. Under no circumstances shall the Kawhi team be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this Site, even if Kawhi team or an authorized representative has been advised of the possibility of such damages. If using materials from this Site requires servicing, repairing, or correcting equipment or data, you assume any costs. Kawhi will not be responsible for any outcome while using our resources. We reserve the right to change prices and revise the resource usage policy at any moment.

License

Kawhi grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the website/app strictly in accordance with the terms of this Agreement. These Terms & Conditions are a contract between you and Kawhi (referred to in these Terms & Conditions as "Kawhi," "us," "we," or "our"), the provider of the Kawhi website and the services accessible from the Kawhi website (which are collectively referred to in these Terms & Conditions as the "Kawhi Service").

You agree to be bound by these Terms & Conditions. If you disagree with these Terms & Conditions, please do not use the Kawhi Service. In these Terms & Conditions, "you" refers to you as an individual and the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Definitions and key terms

To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:

Cookie: a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you, such as your language preference or login information.
Company: when these terms mention "Company," "we," "us," or "our," it refers to Kawhi Global (60 Tay Street, Invercargill, New Zealand), which is responsible for your information under these Terms & Conditions.
Country: where Kawhi or the owners/founders of Kawhi are based, in this case, New Zealand
Device: any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Kawhi and use the services.
Service: refers to the Service provided by Kawhi as described in the relative terms (if available) and on this platform.
Third-party Service refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products
You: a person or entity registered with Kawhi to use the Services.

Restrictions

You agree not to, and you will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or commercially exploit the website/app or make the platform available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the website/app.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Kawhi or its affiliates, partners, suppliers, or the licensors of the website/app

Payment

If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service according to the fees, charges, and billing terms in effect when each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide Kawhi with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) ("Payment Provider") as a condition to signing up for the Premium plan. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that Agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. By providing Kawhi with your credit card number and associated payment information, you agree that Kawhi is authorized to verify information immediately and subsequently invoice your account for all fees due and payable to Kawhi hereunder and that no additional notice or consent is required. You agree to immediately notify Kawhi of any change in your billing address or the credit card used for payment hereunder. Kawhi reserves the right to change its prices and billing methods immediately upon posting on our Site or by email delivery to your organization's administrator(s).
Any attorney fees, court costs, or other costs incurred in the collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.
No contract will exist between you and Kawhi for the Service until Kawhi accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.
You are responsible for any third-party fees you may incur when using the Service.

Return and Refund Policy

Thanks for shopping at Kawhi. We appreciate the fact that you like to buy the stuff we build. We also want to ensure you have a rewarding experience while exploring, evaluating, and purchasing our products.

As with any shopping experience, some terms and conditions apply to transactions at Kawhi. We'll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or purchasing at Kawhi, you agree to the terms along with Kawhi's Privacy Policy. If, for any reason, You are not completely satisfied with any good or Service that we provide, don't hesitate to contact us, and we will discuss any of the issues you are going through with our product.

Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to Kawhi with respect to the website/app shall remain the sole and exclusive property of Kawhi. Kawhi shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Your Consent

We've updated our Terms & Conditions to provide complete transparency into what is being set when you visit our Site and how it's being used. By using our website/app, registering an account, or making a purchase, you consent to our Terms & Conditions.

Links to Other Websites

This Terms & Conditions applies only to the Services. The Services may contain links to websites not operated or controlled by Kawhi. We are not responsible for the content, accuracy, or opinions expressed on such websites, which are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those with a link on our platform, is subject to that website's rules and policies. Third parties may use their cookies or other methods to collect your information.

Cookies

Kawhi uses "Cookies" to identify the areas of our website/app you visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to enhance the performance and functionality of our website/app, but are non-essential to their use. However, without these cookies, certain functionality, like videos, may become unavailable, or you would be required to enter your login details every time you visit the website/app, as we cannot determine that you had logged in previously. Most web browsers can be set to turn off the use of Cookies. However, if you turn off Cookies, you may not be able to access functionality on our website/app correctly or at all. We never place Personally Identifiable Information in Cookies.

Changes To Our Terms & Conditions

You acknowledge and agree that Kawhi may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or users generally at Kawhi's sole discretion without prior notice to you. You may stop using the Service at any time. You do not need to inform Kawhi when you stop using the Service. You acknowledge and agree that if Kawhi restricts access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page and/or update the Terms & Conditions modification date above.

Modifications to Our website/app

Kawhi reserves the right to modify, suspend, or discontinue, temporarily or permanently, the website/app or any service to which it connects, with or without notice and without liability to you.

Updates to Our website/app

Kawhi may occasionally provide enhancements or improvements to the features/ functionality of the website/app, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the website/app. You agree that Kawhi has no obligation to (i) provide any Updates or (ii) continue to provide or enable any particular features and/or functionalities of the website/app to you. You further agree that all Updates will be (i) deemed an integral part of the website/app and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

We may display, include, or make available third-party content (including data, information, applications, and other product services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that Kawhi shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Kawhi does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-party services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or Kawhi. Kawhi may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Kawhi, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website/app and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the website/app and delete all copies of the website/app from your computer. Termination of this Agreement will not limit any of Kawhi's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Copyright Infringement Notice

If you are a copyright owner or such owner's agent and believe any material on our website/app constitutes an infringement on your copyright, please get in touch with us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that the copyright owners do not authorize the use of the material; and (e) the statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold Kawhi and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your:

Use of the website/app.
Violation of this Agreement or any law or regulation.
Violation of any right of a third party.

No Warranties

The website/app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Kawhi, on its behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website/app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Kawhi provides no warranty or undertaking and makes no representation of any kind that the website/app will meet your requirements, achieve any intended results, be compatible or work with any other software, website/apps, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Kawhi nor any of Kawhi's providers makes any representation or warranty of any kind, express or implied:

The operation or availability of the website/app or the information, content, materials, or products included thereon.
That the website/app will be uninterrupted or error-free.
The accuracy, reliability, or currency of any information or content provided through the website/app.
The website/app, its servers, the content, or emails sent from or on behalf of Kawhi are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages you might incur, the entire liability of Kawhi and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount paid by you for the website/app.

To the maximum extent permitted by applicable law, in no event shall Kawhi or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website/app, third-party software and/or third-party hardware used with the website/app, or otherwise in connection with any provision of this Agreement), even if Kawhi or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid. In that case, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Kawhi on the Services, shall constitute the entire Agreement between you and Kawhi concerning the Services. Suppose any provision of this Agreement is deemed invalid by a court of competent jurisdiction. In that case, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Kawhi's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Kawhi AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

Kawhi reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our website/app after any revisions become effective, you agree to be bound by the revised terms. If you disagree with the new terms, you can no longer use Kawhi.

Entire Agreement

The Agreement constitutes the entire Agreement between you and Kawhi regarding your use of the website/app. It supersedes all prior and contemporaneous written or oral agreements between you and Kawhi. You may be subject to additional terms and conditions when you use or purchase other Kawhi services, which Kawhi will provide at the time of such use or purchase.

Updates to Our Terms

We may change our Service and policies and need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and allow you to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. You can delete your account if you do not want to agree to these or any updated Terms.

Intellectual Property

The website/app and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Kawhi, its licensors or other providers of such material and are protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Kawhi, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Agreement to Arbitrate

This section applies to any dispute, EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Kawhi's INTELLECTUAL PROPERTY RIGHTS. The term "dispute" means any dispute, action, or other controversy between you and Kawhi concerning the Services or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or Kawhi must give the other a Notice of Dispute, a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via Email to beans@kawhi.app. Kawhi will send any Notice of Dispute to you by mail to your address if we have it or otherwise to your email address. You and Kawhi will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Kawhi may commence arbitration.

Binding Arbitration

If you and Kawhi don't resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration, as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction as necessary to protect the party's rights or property pending the completion of arbitration. The non-prevailing party shall bear any legal, accounting, and other costs, fees, and expenses incurred by the prevailing party.

Submissions and Privacy

If you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions. In that case, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Kawhi without any compensation or credit to you whatsoever. Kawhi and its affiliates shall have no obligations with respect to such submissions or posts. They may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions

Kawhi may occasionally include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules containing certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

Typographical Errors

If a product and/or Service is listed at an incorrect price or with incorrect information due to a typographical error. In that case, we shall have the right to refuse or cancel any orders for the product and/or Service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Miscellaneous

If, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Kawhi. Kawhi will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Kawhi operates and controls the Kawhi Service from its offices in New Zealand. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Kawhi Service from other locations do so on their initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.

These Terms & Conditions (which include and incorporate the Kawhi Privacy Policy) contain the entire understanding and supersede all prior understandings between you and Kawhi concerning its subject matter and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Disclaimer

Kawhi is not responsible for any content, code, or other imprecision. Kawhi does not provide warranties or guarantees.

In no event shall Kawhi be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.

The Kawhi Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Kawhi is a distributor and not a publisher of the content supplied by third parties; as such, Kawhi exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, Service or merchandise provided through or accessible via the Kawhi Service. Without limiting the foregoing, Kawhi specifically disclaims all warranties and representations in any content transmitted on or in connection with the Kawhi Service or on sites that may appear as links on the Kawhi Service or in the products provided as a part of or otherwise in connection with, the Kawhi Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Kawhi or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Kawhi does not warrant that the Kawhi Service will be uninterrupted, uncorrupted, timely, or error-free.

Contact Us

Don't hesitate to contact us if you have any questions via Email to: beans@kawhi.app

RETURNS AND REFUNDS

Updated on November 15th 2023

Definitions and key terms

To help explain things as clearly as possible in this Return & Refund Policy, every time any of these terms are referenced, are strictly defined as:

Company: When this policy mentions "Company," "we," "us," or "our," it refers to Kawhi, who is responsible for your information under this Return & Refund Policy.
Customer: refers to the company, organization, or person that signs up to use the Kawhi Service to manage the relationships with your
Device: any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Kawhi and use the services.
Service: refers to the Service provided by Kawhi as described in the relative terms (if available) and on this platform.
You: a person or entity registered with Kawhi to use the Services.

Return & Refund Policy

Thanks for shopping at Kawhi. We appreciate the fact that you like to buy the stuff we build. We also want to ensure you have a rewarding experience while exploring, evaluating, and purchasing our products.
As with any shopping experience, some terms and conditions apply to transactions at Kawhi. We'll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or purchasing at Kawhi, you agree to the terms below, along with Kawhi's Privacy Policy.
If there's something wrong with what you bought or are unhappy with it, you will not be able to issue a refund for your item.

Refunds

We at Kawhi commit ourselves to serving our customers with the best products. Every product you choose is thoroughly inspected, checked for defects, and packaged carefully. We do this to ensure that you fall in love with our products.
Sadly, there are times when we may not have the product(s) you choose in stock or may face some issues with our inventory and quality check. In such cases, we may have to cancel your order. You will be intimated about it in advance so that you don't have to worry unnecessarily about your order. If you purchased via Online payment (not Cash on Delivery), you will be refunded once our team confirms your request.

We carry out thorough quality checks before processing the ordered item. We take utmost care while packing the product. At the same time, we ensure that the packing is good such that the items won't get damaged during transit. Please note that Kawhi is not liable for damages caused to the items during transit or transportation.

We follow certain policies to ensure transparency, efficiency, and quality customer care:

We DO NOT allow returns on sold products - online or in retail outlets.
We DO NOT accept returned goods, as we believe customers should get the best quality products.
Refunds are NOT given for any purchases online or in retail stores.
We DO NOT encourage exchanges of our products.
We DO NOT engage in reselling used products and discourage the same because we cannot ensure the best quality products for our customers.

For International Orders:

We DO NOT support Exchanges or Returns.
A refund can be processed if you cancel the order before we process it and dispatch it for shipping.
Orders generally take 1-2 days to process before dispatch.
Orders already in shipping cannot be returned, canceled, or refunded.
If you face any issues, be sure to get in touch with our Support Team immediately.

Your Consent

By using our website/app, registering an account, or purchasing, you consent to our Return and Refund Policy and agree to its terms.

Changes To Our Return & Refund Policy

Should we update, amend, or make any changes to this document so that they accurately reflect our Service and policies? Unless otherwise required by law, those changes will be prominently posted here. Then, if you continue to use the Service, you will be bound by the updated Return & Refund Policy. You can delete your account if you do not want to agree to this or any updated Return & Refund Policy.

Contact Us

If, for any reason, You are not completely satisfied with any good or Service that we provide, don't hesitate to contact us via email:beans@kawhi.app, and we will discuss any of the issues you are going through with our product.