Terms & Conditions for Kouk Creatives
Effective Date: 10 April 2024
1. Introduction
Welcome to the Kouk Creatives website. These Terms and Conditions govern your access to and use of our website and services, and by accessing or using our services, you agree to be bound by these terms and all terms incorporated by reference. If you do not agree to all of these terms, do not use our services.
2. Use of Our Services
You may use our services only as permitted by law and according to the terms of this agreement. The content provided on our website is for your general information and use only. It is subject to change without notice.
3. Intellectual Property
All content included on the site, such as text, graphics, logos, button icons, images, and software, is the property of Kouk Creatives or its content suppliers and is protected by New Zealand and international copyright laws. We agree that you are not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use the Service, or access to the Service without our express written permission.
4. Termination
We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
5. Links to Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Kouk Creatives. Kouk Creatives has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Kouk Creatives shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.
6. Disclaimer of Warranties
Your use of our services is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
7. Limitation of Liability
In no event shall Kouk Creatives, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8. Indemnification
You agree to defend, indemnify and hold harmless Kouk Creatives and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the service.
9. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material,l we will provide at least 30 days' notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us:
• By email:
director@kouk.co.nz
• By phone number:+64 9 889 1240
• By mail: 5a Swainston Road, St Johns, Auckland 1072