TERMS AND CONDITIONS
1. OVERVIEW
These Terms and Conditions (the “Terms”) apply to KILL NET LTD and our website located at https://killnetswitch.com/ (“Site”) and any Service that is offered on
the Site, through KILL NET LTD.
(‘we‘, ‘our‘ and
‘us‘ refers to the owner of this website, ‘you‘ and ‘your‘ refers to visitors
to the website and the purchasers of our products)
The current brand name of
Kill Net Ltd is the KillNetSwitch but we may
have more brand names and more variations on the brand names in the future.
You agree you are using
the services of this site or of Kill Net Ltd if you visit the site, purchase
anything (including software and consultancy) from Kill Net Ltd or from this
site. (Called the ‘Services’ in these terms and conditions)
Please read these Terms carefully. By using the Services,
you agree to these Terms as well as any other terms, guidelines or rules that
apply to any portion of the Site of KILLNETSWITCH.COM, without limitation
or qualification. If you do not agree to these Terms, you may not access or use
the Services or order, purchase, receive, or use the Products. If you have any
questions about the Terms, please contact us at info@killnetswitch.com.
You also agree that you acknowledge and accept the
Privacy Policy also available on the Site.
KILL NET LTD reserves the right to revise these Terms at
any time by updating this posting. You are encouraged to review these Terms
each time you use the Site because your use of the Site after the posting of
changes will constitute your acceptance of the changes. We grant you a
personal, limited, non-transferable non-exclusive, license to access and use
the Site. We reserve the right, in our sole discretion and without notice to
you, to revise the products and services available on the Site and to change,
suspend or discontinue any aspect of the Site and we will not be liable to you
or to any third party for doing so. We may also impose rules for and limits on
use of the Site or restrict your access to part, or all, of the Site without
notice or penalty. Your continued use of the Site will constitute your
acceptance of any such changes.
2. ELIGIBILITY
We do not knowingly collect or solicit personally
identifiable information from a child under 13 without obtaining verifiable
consent from that child’s parent or guardian (“Parental Consent”).
If you are a child under 13, please do not attempt to send any personal
information about yourself to us before we obtain Parental Consent. If
you believe that a child under 13 has provided us with personal information
without our obtaining Parental Consent, please contact us at info@killnetswitch.com. We may, in our sole discretion, refuse to
offer the Services to any person or entity and change its eligibility criteria
at any time. You are solely responsible for ensuring that these Terms are in
compliance with all laws, rules and regulations applicable to you and the right
to access the Services is revoked where these Terms or use of the Services is
prohibited or to the extent offering, sale or provision of the Services
conflicts with any applicable law, rule or regulation. Further, the Services
are offered only for your use, and not for the use or benefit of any third
party.
3. REGISTRATION
To sign up for the Services, you must register for an
account on the Services (an “Account”). You must provide accurate
and complete information and keep your Account information updated. You shall
not: (i) select or use as a username a name of another person with the intent
to impersonate that person; (ii) use as a username a name subject to any rights
of a person other than you without appropriate authorization; (iii) use, as a
username, a name that is otherwise offensive, vulgar or obscene; or (iv) create
more than one Account. You are solely responsible for the activity that occurs
on your Account, and for keeping your Account password secure. You may never
use another person’s user account or registration information for the Services
without permission. You must notify us immediately of any change in your
eligibility to use the Services (including any changes to or revocation of any
licenses from state authorities), breach of security or unauthorized use of
your Account. You should never publish, distribute or post login information
for your Account. You shall have the ability to delete your Account, either
directly or through a request made to one of our employees or affiliates.
4. CONTENT
a. Definition. For purposes of these Terms of
Service, the term “Content” includes, without limitation, information,
data, text, photographs, videos, audio clips, written posts and comments,
software, scripts, graphics, and interactive features generated, provided, or
otherwise made accessible on or through the Services. For the purposes of this
Agreement, “Content” also includes all User Content (as defined below).
b. User Content. All Content added, created,
uploaded, submitted, distributed, or posted to the Services by users, including
the name of the user that submitted the content (collectively “User Content”),
whether publicly posted or privately transmitted, is the sole responsibility of
the person who originated such User Content. You represent that all User
Content provided by you is accurate, complete, up-to-date, and in compliance
with all applicable laws, rules and regulations. You acknowledge that all
Content, including User Content, accessed by you using the Services is at your
own risk and you will be solely responsible for any damage or loss to you or
any other party resulting therefrom. We do not guarantee that any
Content you access on or through the Services is or will continue to be
accurate.
c. Notices and Restrictions. The Services may
contain Content specifically provided by us, our partners or our users and such
Content is protected by copyrights, trademarks, service marks, patents, trade
secrets or other proprietary rights and laws. You shall abide by and maintain
all copyright notices, information, and restrictions contained in any Content
accessed through the Services.
d. Use License. Subject to these Terms of
Service, we grant each user of the Services a worldwide, non-exclusive,
non-sublicensable and non-transferable license to use (i.e., to download and
display locally) Content solely for purposes of using the Services. Use,
reproduction, modification, distribution or storage of any Content for other
than purposes of using the Services is expressly prohibited without prior
written permission from us. You shall not sell, license, rent, or otherwise use
or exploit any Content for commercial use or in any way that violates any third
party right.
e. License Grant. By submitting User Content
through the Services, you hereby do and shall grant us a worldwide,
non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and
transferable license to use, edit, modify, truncate, aggregate, reproduce,
distribute, prepare derivative works of, display, perform, and otherwise fully
exploit the User Content in connection with the Site, the Services and our (and
our successors’ and assigns’) businesses, including without limitation for
promoting and redistributing part or all of the Site or the Services (and
derivative works thereof) in any media formats and through any media channels
(including, without limitation, third party websites and feeds), and including
after your termination of your Account or the Services. You also hereby do and
shall grant each user of the Site and/or the Services a non-exclusive,
perpetual license to access your User Content through the Site and/or the
Services, and to use, edit, modify, reproduce, distribute, prepare derivative
works of, display and perform such User Content, including after your
termination of your Account or the Services. For clarity, the foregoing
license grants to us and our users does not affect your other ownership or
license rights in your User Content, including the right to grant additional
licenses to your User Content, unless otherwise agreed in writing. You
represent and warrant that you have all rights to grant such licenses to us
without infringement or violation of any third party rights, including without
limitation, any privacy rights, publicity rights, copyrights, trademarks,
contract rights, or any other intellectual property or proprietary rights.
f. Availability of Content. We do not
guarantee that any Content will be made available on the Site or through the
Services. We reserve the right to, but do not have any obligation to, (i)
remove, edit or modify any Content in our sole discretion, at any time, without
notice to you and for any reason (including, but not limited to, upon receipt
of claims or allegations from third parties or authorities relating to such
Content or if we are concerned that you may have violated these Terms of Service),
or for no reason at all and (ii) to remove or block any Content from the
Services.
g. Endorsement of Content. You
acknowledge that a large volume of information is available on our Services and
that people participating in posting User Content on the Services occasionally
post messages or make statements, whether intentionally or unintentionally,
that are inaccurate, misleading or deceptive. We neither endorse nor are
responsible for such messages or statements, or for any opinion, advice, information
or other content made or displayed on the Services by third parties, whether
such third parties are visitors to the Services, members of the Services
community or others. The opinions expressed in the Services reflect solely the
opinion(s) of the participants and may not reflect the opinion(s) of us. We are
not responsible for any errors or omissions in articles or postings, for
hyperlinks embedded in messages or for any results obtained from the use of
such information.
5. RULES OF CONDUCT
a. As a condition of use, you promise not to use the
Services for any purpose that is prohibited by these Terms. You are responsible
for all of your activity in connection with the Services.
b. You shall not (and shall not permit any third party
to) either (a) take any action or (b) upload, download, post, submit or
otherwise distribute or facilitate distribution of any Content on or through
the Service, including without limitation any User Content, that:
i. infringes any
patent, trademark, trade secret, copyright, right of publicity or other right
of any other person or entity or violates any law or contractual duty;
ii. you know is false, misleading, untruthful or
inaccurate;
iii. is unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy,
tortious, obscene, vulgar, pornographic, offensive, profane, contains or
depicts nudity, contains or depicts sexual activity, or is otherwise
inappropriate as determined by us in our sole discretion;
iv. constitutes unauthorized or unsolicited advertising,
junk or bulk e-mail (“spamming”);
v. contains software viruses or any other computer codes,
files, or programs that are designed or intended to disrupt, damage, limit or
interfere with the proper function of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to any
system, data, password or other information of ours or of any third party;
vi. impersonates any person or entity, including any of
our employees or representatives; or
vii. includes anyone’s identification documents or
sensitive financial information.
c. You shall not: (i) take any action that imposes or may
impose (as determined by us in our sole discretion) an unreasonable or
disproportionately large load on our (or our third party providers’)
infrastructure; (ii) interfere or attempt to interfere with the proper working
of the Services or any activities conducted on the Services; (iii) bypass,
circumvent or attempt to bypass or circumvent any measures we may use to
prevent or restrict access to the Services (or other accounts, computer systems
or networks connected to the Services); (iv) run any form of auto-responder or
“spam” on the Services; (v) use manual or automated software, devices, or other
processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape
any Content from the Services; or (vii) otherwise take any action in violation
of our guidelines and policies.
d. You shall not (directly or indirectly): (i) decipher,
decompile, disassemble, reverse engineer or otherwise attempt to derive any
source code or underlying ideas or algorithms of any part of the Services
(including without limitation any application), except to the limited extent
applicable laws specifically prohibit such restriction, (ii) modify, translate,
or otherwise create derivative works of any part of the Services, or (iii)
copy, rent, lease, distribute, or otherwise transfer any of the rights that you
receive hereunder. You shall abide by all applicable local, state, national and
international laws and regulations.
e. You agree that you own the devices being monitored
through use of the Services and/or have the consent of the parties who own or
use the devices being monitored. You also agree to not monitor or manage
any devices using the Services that are used or owned by neither your children
nor individuals consenting to the use of the Services on their devices.
f. We also reserve the right to access, read, preserve,
and disclose any information as we reasonably believe is necessary to (i)
satisfy any applicable law, regulation, legal process or governmental request,
(ii) enforce these Terms of Service, including investigation of potential
violations hereof, (iii) detect, prevent, or otherwise address fraud, security
or technical issues, (iv) respond to user support requests, or (v) protect the
rights, property or safety of us, our users and the public.
6. THIRD PARTY SERVICES
The Services may permit you to link to other websites,
services or resources on the Internet, and other websites, services or
resources may contain links to the Services. When you access third party
resources on the Internet, you do so at your own risk. These other resources
are not under our control, and you acknowledge that we are not responsible or
liable for the content, functions, accuracy, legality, appropriateness or any
other aspect of such websites or resources. The inclusion of any such link does
not imply our endorsement or any association between us and their operators.
You further acknowledge and agree that we 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 website or resource.
7. PAYMENTS AND BILLING
a. Paid Services. Certain of our
Services may be subject to payments now or in the future (the “Paid
Services”). Please note that any payment terms presented to you in
the process of using or signing up for a Paid Service are deemed part of this
Agreement.
b. Billing. Some Paid Services will charge a
fee for downloading or installing the Services through the applicable App Store
linked to the specific device. You agree to comply with, and your license to
use the applications is conditioned upon your compliance with, such App Store
terms and conditions. Any refunds relating to the applications or inquiries
regarding refunds relating to the applications shall be handled solely by the
applicable App Store in accordance with such App Store’s terms and conditions.
To the extent you use other methods of payment for use of the Services,
we use a third-party payment processor (the “Payment Processor”) to bill
you through a payment account linked to your Account on the Services (your “Billing
Account”) for use of the Paid Services. The processing of payments will be
subject to the terms, conditions and privacy policies of the Payment Processor
in addition to this Agreement.
c. Payment Method. The terms of your payment
will be based on your Payment Method and may be determined by agreements
between you and the financial institution, credit card issuer or other provider
of your chosen Payment Method. If we, through the Payment Processor, do not
receive payment from you, you agree to pay all amounts due on your Billing
Account upon demand.
d. Recurring Billing. Some of the Paid
Services may consist of an initial period, for which there is a one-time
charge, followed by recurring period charges as agreed to by you. By choosing a
recurring payment plan, you acknowledge that such Services have an initial and
recurring payment feature and you accept responsibility for all recurring
charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY,
YEARLY, ETC) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR
NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS
AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT
AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR
AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD PLEASE EMAIL US AT INFO@KILLNETSWITCH.COM.
e. Current Information Required. YOU MUST
PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT.
YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT,
COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER,
OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT
PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF
YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED
DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN
BE MADE ON YOUR ACCOUNT SETTINGS ON THE SERVICES. IF YOU FAIL TO PROVIDE
ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU
FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE
TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
f. Change in Amount Authorized. If the amount
to be charged to your Billing Account varies from the amount you preauthorized
(other than due to the imposition or change in the amount of state sales
taxes), you have the right to receive, and we shall provide, notice of the
amount to be charged and the date of the charge before the scheduled date of
the transaction. Any agreement you have with your payment provider will govern
your use of your Payment Method. You agree that we may accumulate charges
incurred and submit them as one or more aggregate charges during or at the end
of each billing cycle.
g. Auto-Renewal for Subscription Services.
Unless you opt out of auto-renewal, any Subscription Services you have signed
up for will be automatically extended for successive renewal periods of the
same duration as the subscription term originally selected, at the then-current
non-promotional rate. To cancel auto-renewal or otherwise change or resign your
Subscription Services at any time, go to the corresponding Account Settings on
the Services or, for applications, cancel your subscription in the subscription
management section of the applicable App Store. If you terminate a
Subscription Service, you may use your subscription until the end of your
then-current term; your subscription will not be renewed after your
then-current term expires. However, you won’t be eligible for a prorated refund
of any portion of the subscription fee paid for the then-current subscription
period.
h. Reaffirmation of Authorization. Your
non-termination or continued use of a Paid Service reaffirms that we are
authorized to charge your Payment Method for that Paid Service. We may submit
those charges for payment and you will be responsible for such charges. This
does not waive our right to seek payment directly from you. Your charges may be
payable in advance, in arrears, per usage, or as otherwise described when you
initially selected to use the Paid Service.
i. Changes in Paid Services. The Paid
Services fees may change and are subjective to additional fees from time to
time if we add new features or functionality. We will notify you by email or
some other notification method if a price change occurs. If you don’t agree
with these changes you must immediately cancel your use of the Paid Services.
Otherwise, we will then automatically renew the subscription and charge You at
the new fee amount.
8. TERMINATION
We may terminate your access to all or any part of the
Services at any time, with or without cause, with or without notice, effective
immediately, which may result in the forfeiture and destruction of all
information associated with your membership. If you wish to terminate your
Account, you may do so by following the instructions on the Site or through the
Services. Any fees paid hereunder are non-refundable. All provisions of these
Terms of Service which by their nature should survive termination shall survive
termination, including, without limitation, licenses of User Content, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
9. WARRANTY DISCLAIMER
a. We have no special relationship with or fiduciary duty
to you. You acknowledge that we have no duty to take any action regarding:
i. which users gain access to the Services;
ii. what Content you access via the Services; or
iii. how you may interpret or use the Content.
b. You release us from all liability for you having
acquired or not acquired Content through the Services. We make no
representations concerning any Content contained in or accessed through the
Services, and we will not be responsible or liable for the accuracy, copyright
compliance, or legality of material or Content contained in or accessed through
the Services.
c. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS
AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS,
PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE
SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR
ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH
THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE
RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE
SERVICES IS SOLELY AT YOUR OWN RISK.
10. INDEMNIFICATION
By using the Services, you agree to indemnify, hold
harmless, and defend KILL NET LTD,
and its affiliates, and their respective officers, directors, employees,
successors, agents, subsidiaries, partners, contractors, vendors,
manufacturers, distributors, representatives, and affiliates (collectively, the
“KILL NET LTD Indemnities”) from any
claims, damages, losses, liabilities, and all costs and expenses of defense,
including but not limited to, attorneys’ fees, resulting directly or indirectly
from a claim (including without limitation, claims made by third parties for
infringement of intellectual property rights) by a third party that arises in
connection with (i) your use, misuse or access to the Services including any
data or content transmitted or received by you; (ii) a dispute with a User;
(iii) your breach of any terms of these Terms, including without limitation
your breach of any of the representations and warranties above; (iv) your
violation of any applicable law, rule or regulation or the rights of a third
party; (v) your User Content; (vi) your willful misconduct, or (vii) any other
party’s access and use of the Services with your unique username, password or
other appropriate security code. You agree to cooperate as fully as reasonably
required in the defense of any claim. KILL
NET LTD reserves the right to assume the exclusive defense and control of
any matter subject to indemnification by you for which you will remain
responsible for indemnifying and holding harmless the KILL NET LTD Indemnities.
11, LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL KILL NET LTD OR ITS
AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR
THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES BE
LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF
DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE
SERVICES OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY KILL NET LTD WHETHER BASED UPON
WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF KILL NET LTD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES. UNDER NO CIRCUMSTANCES WILL KILL NET LTD BE RESPONSIBLE FOR ANY
DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED
ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED
THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KILL NET LTD ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO OR USE OF OUR SERVICES OR PRODUCTS PURCHASED BY YOU; (III) ANY
UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT
MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL
KILL NET LTD, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR
LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU
PAID TO KILL NET LTD.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF KILL NET LTD
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
You hereby acknowledge that the preceding paragraph shall
apply to all content, merchandise, products, services, and experiences
available through the Services.
12. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms and Conditions shall not constitute a waiver of such
right or provision. These Terms and
Conditions and any policies or operating rules posted by us on this site or in
respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms and Conditions). Any ambiguities in the interpretation of these
Terms and Conditions shall not be construed against the drafting party.
13. SEVERABILITY
In the event that any provision of these Terms and Conditions
is determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law,
and the unenforceable portion shall be deemed to be severed from these Terms
and Conditions, such determination shall not affect the validity and
enforceability of any other remaining provisions.
14. GOVERNING LAW
The law applicable to the interpretation and construction
of these Terms and Conditions and any transaction (including purchases made on this
Website) using or related to the Website, shall be the laws of New Zealand,
without regard to principles of conflict of laws. You agree that all matters
relating to your access to or use of the Website, including all disputes, will
be governed by the laws of the New Zealand. All proceedings relating to the
Website, these Terms and Conditions, or any transaction, including the sale of
any products, using this Website, shall be brought only in the state or federal
courts of New Zealand, and you and KILL NET
LTD do hereby consent to the jurisdiction and venue of such courts.
15. MISCELLANEOUS
If any provision of these Terms and Conditions is held to
be invalid, illegal or unenforceable in any respect under any applicable law or
rule in any jurisdiction, such invalidity, illegality or unenforceability will
not affect the effectiveness or validity of any provision in any other
jurisdiction, and these Terms and Conditions will be reformed, construed and
enforced in such jurisdiction as if such provision had never been contained
herein. Any headings or titles are for convenience only. The official language
of these Terms and Conditions exclusively shall be English. All communications
and agreements between KILL NET LTD
and you and any proceedings in connection with these Terms and Conditions
and/or your use of the site exclusively shall be made in English. KILL NET LTD and you waive any rights
we each may have under any other law to have these Terms and Conditions written
in another language. Any translation of these Terms and Conditions will be for
convenience only.
16. CONTACT INFORMATION
For any questions or concerns about your use of our
Services, please email us at info@killnetswitch.com.