TERMS & CONDITIONS
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the www.kiwiimmigration.org website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Services) Rules, 2011.
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, the Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third-party trademarks.
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any wilful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Maharashtra, India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Maharashtra, India, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes. Policy was created with Website Policies.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]. This document was last updated on November 13, 2020
PRIVACY POLICY
This privacy policy sets out how we (Kiwi Immigration and Education Consultant Limited) use and protects any information that you give to us when you use this website. To retain the Privacy of our customers & website visitors is our highest priority. Our relationship with you is very precious and we realise the value of the information that you share with us.
Our company is committed to ensuring that your privacy is thoroughly protected. Under no circumstances will we try to sell, disclose or rent to third parties; your personal information collected at our website. We will merely use it to provide our services as outlined in this privacy policy.
We require this information to understand your needs and provide you with better service. We may use the email address or contact number provided by you to send promotional emails or to talk to you about new products, special offers or other information periodically which will help you to plan.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is valid from 1st April 2020.
Our website may contain links to other sites occasionally, which you will be using at your sole discretion. We will not be responsible for the protection and privacy of any information which you provide while visiting such sites and as they are not governed by our privacy statement.
We reserve the right to make changes to any information contained on the website at any time whatsoever, and without notice or limitation of any kind, including, but not limited to, information relating to countries, courses, and other related information.
The information contained or displayed on the website is for general information purposes only. While we make an effort to keep the information up to date and correct, we give no guarantee of any kind, about the accuracy, reliability, suitability, availability or completeness, of the data.
Through this website, you may link to other websites which are not under the control of Kiwi Immigration and Education Consultant Limited. We do not have control over those sites, and the inclusion of any links does not necessarily entail a recommendation or endorsement for those sites in any way.
This website and its content are copyright of Kiwi Immigration and Education Consultant Limited – © [2021]. All rights are reserved. Any restructuring or posting of part or all of the content in any form is strictly prohibited. You may not, except with our written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or another form of the electronic retrieval system.
PAYMENT & REFUND POLICY
Our Franchisees, Partner Associates and Clients can make online payments for various services offered by our company (Kiwi Immigration and Education Consultant Limited) through our website and web applications.
Kiwi Immigration and Education Consultant Limited assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction(s) on the payment date owing to any one or more of the following circumstances:
- If the payment instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed
- If the payment account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction(s)
- If the funds available in the payment account are under any encumbrance or charge
- If Your bank or the National Clearing Centre refuses or delays honouring the payment instruction(s)
- If payment is not processed by biller upon receipt
- Circumstances beyond the control of Kiwi Immigration and Education Consultant Limited (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).
In case the bill payment is not affected for any reason, you will be intimated about the failed payment on the payment page itself.
One may be eligible for refund on application fees if:-
- The student is not eligible for the desired University or
- The program is closed for the intake the application is being made for
In such cases the amount will be refunded back to the same account/card from where the transaction had been initiated after deduction of any charges incurred for such transactions. The refund will be credited to your account within 10 working days of the request.
Fees collected for Kiwi Immigration and Education Consultant Limited is non-refundable.
In case of any query you may write to us at [email protected]