Website Terms and Conditions
Last Updated May 25, 2018.
By using www.hoomanaspamaui.com, also referred to as the “Website” or the “Site”, all visitors, referred to as “User”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Hawaiian Spa Maui, LLC. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein. To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
II. Use of the Site
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
III. Intellectual Property
Unless otherwise stated, copyright of all articles, blogs, information and materials found on www.hoomanaspamaui.com belongs solely to Hawaiian Spa Maui, LLC. You may not reproduce or redistribute the articles, blogs, information, and materials found on www.hoomanaspamaui.com without the express written permission of Hawaiian Spa Maui, LLC. Furthermore, the Site contains intellectual property owned by Hawaiian Spa Maui, LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Hawaiian Spa Maui name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent.
www.hoomanaspamaui.com may offer goods or services (“product”) for sale on behalf of Hawaiian Spa Maui, LLC. By placing an order through www.hoomanaspamaui.com you are offering to purchase a product on and subject to these Terms and Conditions. All orders are subject to availability. Delivery times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which Hawaiian Spa Maui, LLC will not be responsible. In order to contract with Hawaiian Spa Maui, LLC through www.hoomanaspamaui.com you must be over 18 years of age and possess either an account with Paypal or a valid credit or debit card issued by a bank acceptable to us.
Hawaiian Spa Maui, LLC and www.hoomanaspamaui.com retain the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the Paypal account or credit or debit card used to place your order and that there are sufficient funds to cover the cost of the product(s). All prices advertised are subject to such changes. Prior to placing any order you will be asked to accept these terms and conditions. A contract between us will be formed after you have clicked the appropriate box to indicate your acceptance of the cancellation policy and tendered your payment. While we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Otherwise, ONCE THE PRODUCT YOU HAVE PURCHASED HAS BEEN DELIVERED TO YOU, NO REFUNDS WILL BE MADE AVAILABLE unless the product arrived damaged or an error occurred in the distribution of goods. You may receive a refund or product exchange if a product is returned, postage prepaid, in its original packaging and in resalable condition within 14 days of receipt.
All returns should be mailed to:
Hoomana Spa Maui
1550 Piiholo Rd
Makawao HI 96768
For your protection, please use FedEx or Insured ExpressMail for shipment, signature required, along with a copy of the original receipt accompanied. Shipping charges will not be refunded, unless the product arrived damaged or an error occurred in the distribution of goods. COD deliveries will not be accepted. Please allow 7 days after Hoomana Online Shops has received the merchandise to process your refund.
Returned packages must be insured for the full retail value of the products. Packages not insured will not be accepted upon receipt by Hoomana Spa Maui. Delivery costs, if any, will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. Any additional charges such as taxes, if any, will also be displayed before you are asked to submit payment. Upon receiving your order we carry out a standard authorization check to ensure your payment method is valid and your payment will be processed. Once we are certain of your payment being processed your order will be fulfilled.
V. Limitation of Liability
We will do our best to ensure all facts and statements on this site and in our materials are true and correct to the best of our knowledge. We will do our best to ensure all facts and statements in our work do not infringe upon any copyright or other right of a third party. However, Hawaiian Spa Maui, LLC can’t be liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages which may arise from your use of www.hoomanaspamaui.com or your relationship with Hawaiian Spa Maui, LLC. The foregoing applies even if Hawaiian Spa Maui, LLC was advised of the possibility of or could have foreseen the damages. In those jurisdictions that do not allow the exclusion or limitation of liability for damages, liability is limited to the fullest possible extent permitted by law.
VI. Third Party Resources
The Site may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Hawaiian Spa Maui, LLC or www.hoomanaspamaui.com. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
VIII. Governing Law
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of Hawaii as applied to contracts that are executed and performed entirely in Hawaii. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be Hawaii. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
The owners and operators of www.hoomanaspamaui.com may revise these Terms and Conditions from time to time so please check back regularly to ensure you are familiar with the current version.
If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
XI. Entire Agreement