1. Terms of Service

These terms and conditions ("Terms of Service") govern your use of the Kind Caller (“Service”) and any other services included in these Terms of Service by reference. Some services may be subject to additional conditions posted on the Kind Caller website or provided to you when you sign-up for the service.

Definitions: "Subscribers" are users of the Kind Caller service.  "Users" are the same, we may interchange terminology in this document. "Partners", "Family and friends" can also be users.

By accessing the website at https://www.kindcaller.nz you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. Furthermore you also agree to our privacy policy.

2. The 3 Day Free Trial

Permission is granted to temporarily access Kind Caller's Standard Call Plan service for personal, non-commercial transitory viewing only. During the 3 day free trial period you may not:

• modify or copy the materials;

• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

• attempt to decompile or reverse engineer any software contained on Kind Callers's website;

• remove any copyright or other proprietary notations from the materials; or

• transfer the materials to another person on any other server.

The trial shall automatically terminate if you violate any of these restrictions and may be terminated by Kind Caller at any time. Upon terminating your viewing of these materials or upon the cancellation of the subscription, you must destroy any downloaded materials in your possession whether in electronic or printed format. The trial takes place over 5 working days.

3. Accounts and Passwords

You must be a subscriber of Kind Caller to access the Service ( whether its a free trial or paid subscription). You must provide accurate, up-to-date and complete information when you subscribe. You are solely responsible for keeping any password secure. You will be solely responsible and liable for any activity that occurs under your user name. You must use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and you must notify Kind Caller immediately in the event of any unauthorised access or use.

4. Communications

You acknowledge and agree that Kind Caller may at times send you communications regarding your account or the Service via email. If you have requested it, we may also send you communications about upgrades to the Service or other products and services that may be of interest to you. You can contact us at any time to let us know that you no longer want to receive these emails from us by unsubscribing.

5. Disclaimer

5.1 General

The materials on Kind Caller's website are provided on an 'as is' basis. Kind Caller makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Kind Caller does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

5.2 Specific

The material on this website is provided for educational and informational purposes only and is not to be used for medical advice, diagnosis or treatment. The Service is NOT a substitute for face-to-face care and support, counselling, therapy, personal emergency alert systems and devices or medical and emergency services. Use of this site is subject to these terms and privacy policy. 

6. Limitations

In no event shall Kind Caller or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use Kind Caller's website and service, even if Kind Caller or a Kind Caller authorised representative has been notified orally or in writing of the possibility of such damage. 

7. Accuracy of materials

The materials appearing on Kind Caller's website could include technical, typographical, or photographic errors. Kind Caller does not warrant that any of the materials on its website are accurate, complete or current. Kind Caller may make changes to the materials contained on its website at any time without notice. However Kind Caller does not make any commitment to update the materials.

8. Links

Kind Caller has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kind Caller of the site. Use of any such linked website is at the user's own risk.

9. Cost of Service & Recurring Subscription Payments

You will be presented with all information about your chosen subscription plan during your 7 day free trial. You will receive an invoice statement showing $0 to reflect there is no charge for a free trial. If you decide to subscribe after the 7 day period you will receive an invoice which covers the month in advance. Once the payment is made your subscription starts the following working day.

9.1 Authorisation

You authorise Kind Caller to send instructions to the financial institution that issued your card to take payments from your card account in accordance with the terms of this agreement.

9.2 Free Trial

When you first sign up to Kind Caller you are given a 3 day free trial. In some cases you may have a special link which gives you access to a longer free trial or have the opportunity to extend your free trial. During this period you will not be billed any service fees. If you decide to subscribe after your trial period ends you will be charged for the amount of your subscription plan plus any other add-ons you have opted in for.

9.3 Service Fees & Billing Cycle

The Kind Caller service is billed on a monthly basis, on the same day each cycle, or last day of the month if the billing day doesn’t exist in any given month (e.g. 31st in February).

9.4 Payments

Kind Caller partners with Stripe for simplified billing. A valid credit card is required for payments. Credit card security is implemented using https (256-bit encryption) on all transactions. Credit card details are not stored within Kind Caller. Your credit card details are stored at a trusted and secure payment gateway used by Kind Caller for payment processing.

We do not provide refunds. All fees stated are inclusive of taxes. Cancelling your account may cause the loss of access, content or features of the Service. Kind Caller does not accept any liability for such loss. All monthly subscription fees must be paid monthly in advance. All fees related to the Service, including but not limited to the monthly subscription plan fees, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by updates to the Kind Caller website, notices within the Service itself, or by email correspondence.

If you have any questions about charges made to your account, please chat with us immediately. If there are charges made in error, we will credit your account or credit card account for the appropriate amount.

9.5 Add-ons

In some cases you may choose to purchase an additional product for an additional cost. You will be made clear what those amounts are and asked to confirm before adding it to your plan.

9.6 Delinquency

If your payment method fails and your account becomes past due, your subscription account is subject to immediate suspension. Suspension of account means you will no longer receive the service and subscription renewals will stop processing.

10. Refunds

No refunds are given due to the free trial period offered which gives you time to consider if the service is right for you and to ask any questions. You will be asked before your trial ends if you want to continue using Kind Caller. Once you've subscribed you can cancel your subscription at any time, if you cancel before your monthly subscription ends you will not be refunded. Transaction fees are non-refundable.

11. Cancellation and Termination

You are solely responsible for the cancellation of your subscription. You can cancel your subscription at any time by letting your Kind Caller know during your call to cancel it for you. All of your personally identifiable data will be deleted 90 days after cancellation or termination of your subscription. This information will not be able to be recovered. Failure to pay your subscription fees will result in your account being suspended. Accounts are suspended for a maximum of 90 days before the account may be terminated by us.  We are not responsible for any loss you suffer as a result of such suspension or termination. A suspended account can be reactivated by supplying valid payment credentials and resuming your subscription. If you cancel your account before the end of your currently paid month, the Service will end immediately and you will not be charged again. You will not be entitled to a refund. Kind Caller in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason, at any such time. Such termination can result in the deactivation of your account. Kind Caller reserves the right to refuse service to anyone for any reason at any time.

12. Affiliation

Kind Caller is not responsible for the delivery of any products or services sold externally on any of the websites linked to Kind Caller. Kind Caller may receive commissions when you click on links and make purchases from the Kindness Library page on the website. However, this does not impact our selection of recommended reading in assisting you on where you may make a purchase. We try to keep things fair and balanced to help you make the best choice.

13. Acceptable Use / Conduct

Kind Caller withholds the right to suspend any users using our service inappropriately if we deem so with written notice.

You are solely responsible for your conduct and your data related to the Service. You warrant that you have all rights, licenses, authorisations and consents required to use the Service, including without limitation in respect of your data. You agree to indemnify, defend, and hold harmless Kind Caller, its directors, contractors, officers, agents and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your friends, family, employees, contractors or agents of the Service or violation of these Terms of Service. 

The Service, including any software that forms part of the Service, is made available to you, your company, and/or your staff only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights. The particular subscription Service you purchase may limit the number of users who may use the Service. You must not allow any additional users to use the Service unless you are provided with that functionality at the time of your subscription. 

Kind Caller has the right to audit your use of the Service, at its own cost and upon giving you reasonable notice, to determine whether your use is in accordance with these Terms of Service and any other terms that apply to the Service. If an audit reveals that you have exceeded the scope of use permitted, Kind Caller may require you to immediately pay an additional service fee for such use.

Any unauthorised use of the Service is a violation of these Terms of Service and may breach New Zealand Laws. Kind Caller will endeavour to make the Service available between 8am to 4pm, Monday to Friday (business working days), five days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance and, at times, unexpected outages. Kind Caller may perform unscheduled maintenance at any time, but will only do so if deemed necessary.

14. Liability

Kind Caller is not liable for any damages or losses. From time to time our website maybe unavailable due to unforeseen circumstances. We can't guarantee that there will never be issues. If you do come across any please do notify us so we can rectify it.

15. No Warranties or Representations 

You understand and agree that the Service is provided “as is” and, to the extent permitted by law, Kind Caller and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Kind Callers servers. Kind Caller and its suppliers make no warranty or representation that your use of the Service will be uninterrupted or error-free or regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet your requirements. Kind Caller is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

16. Rights, Ownership & Data

All data that is processed by Kind Caller is stored by Kind Caller in accordance with our privacy policy

17. Compliance

Businesses / Partners and users of Kind Caller must ensure they are compliant with all relevant laws, including but not limited to New Zealand based on their customer's consent.

18. Modifications

Kind Caller may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

19. Governing Law

These terms and conditions are governed by the laws of New Zealand and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New Zealand.

20. General

You may not assign your rights in respect of the Service to any other person. Kind Caller will not be liable for any delay or failure to perform any of its obligations in respect of the Service if such delay or failure is due to an event which is beyond its control. If a provision of these Terms of Service is invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of the remaining provisions. Kind Caller may modify the Service, or any other services, at any time, for any reason, and without notice. We also may modify these Terms of Service at any time but, if we do so, we will notify you of the modified Terms of Service and give you a reasonable period of time to notify us that you do not agree to the modified Terms of Service and cease using the service.

 Last updated: 27/04/2024