Last update: March 21, 2016
Email: (see Contact section on http://www.kiwi3.com)
Kiwi3 ("Us" or "We") provides the http://www.kiwi3.com site, the mobile app Shopping List and various related products (i.e., websites, mobile apps, updates, upgrades, additions, media - collectively, the "products") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein, as well as any other written agreement between us and you. You are granted non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use a the products offered through Kiwi3 in accordance with these Terms of Service (“license”).
This license authorizes you to use the products offered by Kiwi3 under this license. The products may be made available through websites, App Stores (i.e. Google Play Store) and others. The user shall use such App Stores independent from Kiwi3 and the respective license shall apply. Kiwi3 continues to own the copy of the product and the media contained in the sales package.
Your remedy for dissatisfaction with the products, is to stop using the products. Your agreement with us regarding compliance with these terms of service becomes effective immediately upon commencement of your use of any of the products offered by Kiwi3.
We reserve the right to change this license from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and this license from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment of the modified license and agreement to abide and be bound by the modified license.
We make various products available, some free of charge, some as purchase. You are responsible for providing, at your own expense, all equipment necessary to use these products, including a computer and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the products, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current products shall also be subject to this license.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
Some products use an Internet connection for some of their features, including but not limited to display advertisements and usage analytics. Additional charges may be incurred depending on your Internet connection. Kiwi3 is not responsible for any connection charges that occur from use of its products.
This license creates no obligations on the part of Kiwi3 other than as specifically set forth herein.
Kiwi3 has no obligation to furnish you with technical support unless separately agreed in writing between you and Kiwi3.
Subject to mandatory legal provisions, the use of our products shall be exclusively governed by Swiss laws with Zurich (Switzerland) being the exclusive place of jurisdiction.
You may not copy, distribute, or make derivative works of the Software.
Unauthorised use of this service may give rise to a claim for damages and/or be a criminal offence.
The products and all rights, without limitation including proprietary rights therein, are owned by Kiwi3.
This license is effective from the moment in time of your first usage of any of the products offered by Kiwi3. Your end user rights automatically and immediately terminate without notice if you fail to comply with any provision of this license. In such event, you must immediately delete, destroy or return at your own cost, the products, all backup copies and all related material to Kiwi3.
Kiwi3 may use data analysis on aggregate usage data to improve its products and features.
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.