KIWICHA Privacy Statement
This Privacy Statement applies to the KIWICHA FOODS LLC (“KIWICHA”) websites on which it appears. Your use of our website constitutes your acceptance of, and agreement to, this Privacy Statement and the practices it describes.

We may collect information from and about you.

Anonymous Information. When you visit our sites, certain anonymous information about your visit is automatically logged. This includes the server name and IP address through which you access the Internet, the date and time you access our site, the pages you access while visiting our site, and the Internet address of the website from which you linked directly to our site. We use the browsing information collected automatically by our servers primarily to help us administer and improve our website. We may also use aggregated anonymous information to provide information about our website to advertisers, potential business partners and other unaffiliated entities. This information is not personally identifiable.

Personally Identifiable Information. You can visit and browse the public portions of our website without disclosing personally identifiable information about yourself. You may also choose to enter our site to make a purchase or otherwise communicate or interact with us. If you do so, we may collect personally identifiably information about you, which may vary depending on how you use our site.
The personally identifiable information we collect may include, for example, your name, address, phone number, email address, employment information, areas of interest, a unique individual password and other information about you. Where possible, we indicate which information is required and which is optional. You always have the option of not providing us any information if you choose not to use the service for which that information is required.

Transactions and Activity. If you become a registered user on our site to make purchases, apply for a job, or otherwise, we collect information about the transactions you perform or participate in while on our website and your other activity on the site. This information may include, without limitation, areas of the website that you visit, transaction types, transaction amounts, payment, shipping and billing information (including your credit card number) as well as the nature, quantity and price of the goods or services you purchase.

Email and Other Voluntary Communications. You may choose to communicate with us through email, via our website, by telephone, in writing, or through other means. We will also collect any other personally identifiable information that you voluntarily provide to us.
Any information we collect may be kept by us in a general file or files or in a file specific to you or your company or companies. We may retain such information indefinitely.

We use information as disclosed and described here.
We, or others who provide services to us, use the company information and personally identifiable information we collect primarily for such purposes as:
Helping to establish and verify the identity of users;
Opening, maintaining, administering and servicing users accounts;
Providing services and support to users;
Processing authorized transactions and communicating with you about these transactions;
Improving our website, including tailoring it to users’ preferences;
Providing users with product or service updates and other important notices;
Responding to your questions inquiries, comments and instructions;
Maintaining the security and integrity of our systems;
Communicating with you about promotions you may enter on our websites;
Sending you information about our products, special offers and promotions, if you request that we send you such information.

You have certain choices about our sharing and marketing practices.
In order to provide service to you, we will occasionally send you communications related to your transactions, security or the administration of our website. From time to time, we may also wish to send you other messages or updates about our sites. If you do not wish to receive marketing communications from us, please send an email containing your request to contact@kiwichabar.com. Even if you opt out of receiving marketing messages, we will still send you transactional messages, or messages about the security of your information. These include responses to your questions.
You can also control cookies and tracking tools. For more information, see the Cookies and Tracking Tools section below.

We may share information with certain third parties.
We do not sell your personal information with unaffiliated third parties for their use in marketing directly to you. We may, however, use unaffiliated service companies to help us maintain and operate our website or for other reasons related to the operation of our business, including but not limited to, order processing, credit card processing and data analysis. We may also share personal information with our business partners. For example, we may share personal information with third parties who co-sponsor a promotion with us.
KIWICHA may disclose personal information to third parties if required by law or if we believe, in our sole discretion, that such action is necessary to protect and defend the rights or property of KIWICHA, its customers, vendors or suppliers. We may also share information with any successor to all or part of our business. For example, if part of our business is sold, we may give our customer list as part of that transaction.

External Links. Our sites may contain links to other websites, including those of our partners or advertisers. Please be aware that KIWICHA is not responsible for the privacy practices or the content of other websites. We encourage you to read the privacy statements provided by other websites before you provide personally identifiable information to them.

Cookies and Tracking Tools. Our servers, or the servers of companies that we use to operate this site, may place a cookie, or other similar device, on your computer in order to allow you to use our website and to personalize your experience. Additionally, you may encounter cookies or other similar devices that are placed by third parties, such as advertisers, on pages that are linked to from our site. We do not control the use of cookies by third parties.
A “cookie”, or other similar device, is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer s hard drive. Cookies allow us to recognize your computer while you are on our website and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient login for users, tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of our website. Most cookies are session cookies, that is, they are automatically deleted from your hard drive at the end of a session. Most web browser applications (such as Microsoft Internet Explorer) have features that can notify you when you receive a cookie or prevent cookies from being sent. You are always free to prevent cookies from being sent, if your browser permits, but in that case you may not be able to use certain features of our website and you may be required to reenter your password more frequently during a session. Flash cookies cannot be controlled through your browser settings.
Some websites have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block or reject cookies, not all of the tracking described here will stop.

Security. We maintain standard security measures to guard your personal information. Please be aware, however, that the Internet is not 100% secure. We cannot promise that your use of our site will be completely safe. Any email you send through the Internet cannot be completely protected against unauthorized interception.
You also have a significant role in protecting your information and must keep your user name and password private. We encourage you to use caution when using the Internet.

Editing or Deleting Your Information. You can verify, change, update, or delete information you may provide in your registration form. If you would like to verify, change, update, or delete your personal information, please access your profile on our website or contact us using the contact information below.

Our Sites and Children. Our sites and apps are meant for adults. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at contact@kiwichabar.com. You can also write to us at the address listed at the end of this policy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children’s privacy on-line here.

Changes to this Privacy Policy. KIWICHA reserves the right to modify or supplement this policy at any time. If we make a material change to the terms of this policy, we will notify you as required by law. We will also post an updated copy on our website. The new terms shall automatically be effective 15 days after they are initially posted on our website.

Contacting Us. If you have questions about this privacy statement, our information practices, or your dealings with KIWICHA, please contact contact@kiwichabar.com. You can also write to us at:
KIWICHA FOODS LLC
P.O. Box 10624
Tampa, FL 33679

 

 

Terms & Conditions

Kiwicha Foods LLC Terms of Use Your use of the web sites on which these terms reside (including, without limitation, mobile websites) (collectively, the “Site”), and the content and services at this Site are subject to these Terms of Use (or “Terms”), which we may update from time to time. Please read these Terms carefully before using this Site. The Site is owned or controlled by KIWICHA FOODS LLC (or “KIWICHA”). By accessing this Site in any way, including, without limitation, browsing this Site, using any services, and/or submitting information to KIWICHA, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms.
The terms “we,” “us” and “our” refer to KIWICHA and any of its affiliated companies as appropriate to the context. “You” refers to any person accessing and/or using the Site.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. KIWICHA may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that KIWICHA will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

KIWICHA Content
Content on this Site that is provided by KIWICHA or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“KIWICHA Content”) is the property of KIWICHA and its licensors, and is protected under trademark, copyright, and other intellectual property laws. Nothing contained on this Site should be construed as granting any license or right to download or use any KIWICHA Content.
You agree not to download, display or use any KIWICHA Content located on the Site for any purpose, in connection with products or services that are not those of KIWICHA, in any other manner that is likely to cause confusion among consumers, that disparages or discredits KIWICHA and/or its licensors, that dilutes the strength of KIWICHA’s or its licensor’s property, or that otherwise infringes KIWICHA’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any KIWICHA Content that appears on this Site.

Use of the Site and Posting Policy
The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by KIWICHA in its sole and absolute discretion; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by KIWICHA in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Site you may be able to submit photos, written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by KIWICHA; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of KIWICHA, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in any User Content you submit to us, to any account you may have with us or other access to the Site or features therein. KIWICHA may cancel your account and delete all User Content associated with your account at any time, and without notice, if KIWICHA deems that you have violated these Terms, the law, or for any other reason. KIWICHA assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account. For greater certainty, and without limiting the effect of the foregoing, KIWICHA reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby irrevocably grant to KIWICHA a non-exclusive, fully sub-licensable, non-revocable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Site in favor of KIWICHA. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold KIWICHA, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the above Posting Policy, or any violations thereof by your dependents or which arises from the use of any content including User Content that you submitted, posted, or otherwise provided to KIWICHA or this Site.

Accounts, Passwords, and Security Certain areas of the Site may require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all.
If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify KIWICHA immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. KIWICHA is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

Use of Credit Card
If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

Representations and Limitations of Liability To the extent permitted by the applicable law, KIWICHA makes no representations about the reliability of the features of this Site, the KIWICHA Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. KIWICHA makes no representations regarding the amount of time that any KIWICHA Content or User Content will be preserved.
KIWICHA does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by KIWICHA without the prior review and written approval of KIWICHA.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE, OR ANY INFORMATION , CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KIWICHA (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, NOR SHALL KIWICHA BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND KIWICHA’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL KIWICHA OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIWICHA THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF KIWICHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU DOWNLOAD ALL MATERIAL AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
Third Party Websites
This Site may hyperlink to sites not maintained by or related to KIWICHA. Such hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or KIWICHA, and KIWICHA does not endorse and makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and KIWICHA has no control over how your information is collected, used, or otherwise handled.

Jurisdiction
The Site is controlled and operated by KIWICHA from within the United States, and is not intended to subject KIWICHA to the laws or jurisdiction of any country other than that of the United States. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms will be governed by and construed in accordance with the laws of Florida without regard to conflicts of laws principles. By using this Site, you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms will be brought exclusively before, the courts located in Hillsborough County, Florida. You agree any disputes capable of being brought under federal jurisdiction will be brought exclusively before the U.S. District Court for the Middle District of Florida, Tampa Division.

Miscellaneous
Both you and KIWICHA acknowledge and agree that no partnership is formed and neither of you nor KIWICHA has the power or the authority to obligate or bind the other.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.
The failure of KIWICHA to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial/territorial, or local governmental authorities or for any other reason beyond the reasonable control of KIWICHA, shall not be deemed a breach of these Terms.
If KIWICHA fails to act with respect to your breach or anyone else’s breach on any occasion, KIWICHA is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and KIWICHA, and are accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and KIWICHA regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
If you breach any provision of these Terms or our Privacy Policy you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site. The KIWICHA Content, Representations, and Limitations of Liability, Indemnity Jurisdiction and Miscellaneous provisions in this agreement shall survive any termination of this agreement.