Terms and Conditions of Use

Terms and Conditions of Use
Welcome to Akiva Limited. Akiva Limited and its affiliates provide their services to you subject to the following terms and conditions. If you visit or shop at www.akiva.co.nz, you also accept these conditions. Please read them carefully. In addition, when you use or subscribe to any current or future Akiva Limited service or visit or purchase from any business affiliated with Akiva Limited, whether or not included in the www.akiva.co.nz web site, you also will be subject to the guidelines and conditions applicable to such service or business.

1. PRIVACY
Please review our Privacy Statement, which also governs your visit to the akiva.co.nz website, to understand our practices.

2. ELECTRONIC COMMUNICATIONS
When you visit the akiva.co.nz website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio or video clips, digital downloads, data compilations, and software, is the property of Akiva Limited or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Akiva Limited and protected by international copyright laws. All software used on this site is the property of Akiva Limited or its software suppliers and protected by international copyright laws.

4. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Akiva Limited and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

5. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a review or other content. Akiva Limited reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Akiva and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Akiva Limited and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Akiva Limited or its affiliates for all claims resulting from content you supply. Akiva has the right but not the obligation to monitor and edit or remove any activity or content. Akiva Limited takes no responsibility and assumes no liability for any content posted by you or any third party.

6. COPYRIGHT COMPLAINTS
Akiva Limited and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

7. RISK OF LOSS
All items purchased from Akiva Limited are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

8. PRODUCT DESCRIPTIONS AND DEFINITIONS
Akiva Limited and its affiliates attempt to be as accurate as possible. However, Akiva Limited does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
The following definitions will be used throughout our General Terms and Conditions.

ACCEPTABLE USE POLICY
EQUIPMENT – means any network equipment owned by us or our suppliers that is used to provide services to you. It excludes any network equipment that you have purchased from us and have fully paid for, or is otherwise supplied by you to accessor service.
INSTALLATION FEE – Installation fee means any costs charged by us, our authorised contractors or a Wholesaler for connecting or installing the Services at your premises.
SERVICES –  means the products and services that you acquire from us.

9. INSTALLATION AND ACTIVATION OF SERVICES
We may need to install or connect equipment at your property or business premises in order to supply the Services to you. The installation or connection may be carried out by us, our authorised contractors, and/or the Wholesaler. We will arrange a time with you for installation or connection to take place. Unless stated otherwise, you will be responsible for paying any Installation Fee. Any Installation Fees will be agreed with you before connection or installation commences.

10. EQUIPMENT
If we supply you with Equipment to access the Services then, unless you have purchased from us and fully paid for that Equipment, we retain ownership of that Equipment. You must follow our reasonable instructions about the use of any Equipment, and must not tamper or interfere with any Equipment (including by introducing any viruses or disabling mechanisms). Any claims in relation to the Equipment are covered by the manufacturer’s warranty (if any). You may also have any rights available to you under the Consumer Guarantees Act.
If you supply your own Equipment, you are responsible for ensuring that the equipment you supply to access the Services is compatible with our network. We will provide technical support for the Services in accordance with our Support Plan. However, we may not be able to provide technical support for network equipment you supply to access our Services. We are not be held liable for any interruption to the Services that is caused by equipment that is not supplied by us.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY AKIVA LIMITED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AKIVA LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AKIVA LIMITED  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AKIVA LIMITED DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM AKIVA LIMITED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Akiva WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

APPLICABLE LAW

By visiting the akiva.co.nz website, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Akiva Limited or its affiliates.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Pricing Policy, posted on this site. These policies also govern your visit to the akiva.co.nz website. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.