Terms and Conditions
Welcome to Hawaii Grocery Service's Terms and Agreement Section. Like any company, we must supply full terms and conditions to protect our customers and our company. Below you will find detailed legal terms and agreements of our service.
This Agreement (the "Agreement") is a legal agreement between you and Hawaii Grocery Service Inc. ("Hawaii Grocery Service" or "HGS") that states the terms and conditions under which you may receive the Hawaii Grocery Service service and use hawaiigroceryservice.com. If you use the Hawaii Grocery Service's service or hawaiigroceryservice.com, you agree to these terms and conditions.
- Hawaii Grocery Service's Delivery Service and Website. The Hawaii Grocery Service service is a transaction, information and communication service available to authorized users ("customers") who access hawaiigroceryservice.com. HGS currently provides an online grocery shopping and delivery service, and may in the future provide additional shopping and related services.
Hawaii Grocery Service's employees, agents or designees will shop and deliver grocery orders placed with Hawaii Grocery Service. Delivery will be made to the delivery address that you specify when you place your first order.
If you are not satisfied for any reason with an item purchased through the HGS, you may return it . If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product. We will adjust the price if the product is less, and we will not charge more if the
product is more.Hawaii Grocery Service's liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.
In some areas, you may choose to receive your Hawaii Grocery Service order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Orders containing tobacco or alcoholic products cannot be left unattended under any circumstances. HGS may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive and pay for deliveries. Hawaii Grocery Service is not responsible, and you agree not to hold HGS or its employees responsible, for any damage or theft that occurs to an unattended delivery. HGS reserves the right to refuse to leave an order unattended if the Hawaii Grocery Service Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.
- Third Party Information Providers and Merchants. The HGS service may permit you to order and receive products, information and services from businesses which are not owned or operated by HGS. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. Hawaii Grocery Service does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the Hawaii Grocery Service service.
- Your Member Account. You agree to provide Hawaii Grocery Service with accurate and complete information as required by registration for the Hawaii Grocery Service service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and promptly to notify Hawaii Grocery Service of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the Hawaii Grocery Service service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify HGS immediately of any unauthorized use of your password or your account or loss or theft of your credit card or bank account number. You will remain liable for any use of the Hawaii Grocery Service Service until you notify HGS of the unauthorized use, loss or theft.
- Property Rights - hawaiigroceryservice.com and Hawaii Grocery Service.
- Copyright: All content on hawaiigroceryservice.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Hawaii Grocery Service 2004, Hawaii Grocery Service, Inc. ALL RIGHTS RESERVED, or its content providers. Hawaii Grocery Service authorizes you to view, electronically copy and to print in hard copy portions of hawaiigroceryservice.com for the sole purpose of placing an order with Hawaii Grocery Service, Inc. for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on hawaiigroceryservice.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Hawaii Grocery Service is strictly prohibited. HGS reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from HGS.
- Trademarks: All Hawaii Grocery Service logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of HGS or otherwise proprietary to HGS and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on hawaiigroceryservice.com are the property of their respective owners.
- Fees, Payment and Access. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current Hawaii Grocery Service fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the HGS fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), Hawaii Grocery Service may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Hawaii Grocery Service Inc. may incur in its efforts to collect any unpaid balances from you. HGS reserves the right to establish a credit limit for your account. Your right to use the Hawaii Grocery Service service is also subject to limits established by your credit card issuer.
- Unauthorized or Fraudulent Use. Hawaii Grocery Service does not offer the HGS Service to children. By registering for the Hawaii Grocery Service Service, you warrant that you are at least 18 years old. If you are under 18, you may use the HGS Service only with the involvement of a parent or guardian. From time to time, HGS may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and HGS reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.
- Changes in Agreement, Fee Schedule or Hawaii Grocery Service Service. HGS may at any time change any of the terms of this Agreement or the HGS fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Hawaii Grocery Service service. If HGS makes material changes to this Agreement or changes to the HGS fee schedule, Hawaii Grocery Service will provide notice to you in a manner provided in this Agreement. Your use of the Hawaii Grocery Service service after any such change will be conclusively deemed acceptance of such change. Hawaii Grocery Service may discontinue or revise any or all aspects of the HGS service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your Hawaii Grocery Service Service and terminate this Agreement.
- Termination. Hawaii Grocery Service may suspend or terminate your access to the HGS service at any time for any reason with or without notice to you. You may terminate your HGS service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your HGS Service for any reason, you will not be entitled to a refund of any fees. HGS reserves the right to collect fees and charges incurred before you cancel your HGS Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
- Limitation of Liability and Disclaimer of Warranty. YOUR USE OF THE Hawaii Grocery Service SERVICE, hawaiigroceryservice.com AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE Hawaii Grocery Service SERVICE, hawaiigroceryservice.com AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ONE CLICKGROCERY, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Hawaii Grocery Service DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY hawaiigroceryservice.com WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT hawaiigroceryservice.com OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER Hawaii Grocery Service NOR ANY OF ITS DIRECTORS, EMPLOYEES, INVESTORS AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE Hawaii Grocery Service SERVICE, hawaiigroceryservice.com, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH Hawaii Grocery Service. Hawaii Grocery Service'S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY Hawaii Grocery Service AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material on hawaiigroceryservice.com is provided for lawful purposes only. Hawaii Grocery Service Inc. controls and operates hawaiigroceryservice.com from its headquarters in Honolulu, Hawaii, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use hawaiigroceryservice.com from other locations, you are responsible for compliance with applicable local laws.
- Indemnification. You agree to defend, indemnify and hold Hawaii Grocery Service and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.
You may at any time review and change your personal information stored by hawaiigroceryservice.com by accessing the My Account page at hawaiigroceryservice.com. You may also request that HGS permanently remove all personal information stored by HGS at any time by delivering notice requesting such removal. Upon such request, HGS will remove all such information and will not thereafter use personally identifiable information about you in any way. Such request will automatically terminate your One Click Gorcery Service. At Hawaii Grocery Service, we want you to feel safe while shopping with us. That's why we use the THAWTE brand to verify our standing. THAWTE verifies our address and business standing for your comfort. In addition they encrypt all of your personal information, including name, address and credit card number, as it is submitted to our Webserver. Once received, your personal information is stored in our secure data center.
- Aggregated Information. HGS may use aggregated information regarding its customers and usage of the HGS service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
- Third Party Service Providers. HGS may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
- Enforcement of Agreement or Compliance with Law. HGS may use or disclose personal information when HGS believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of HGS or its users or to comply with the law.
- Legal and Miscellaneous
- This Agreement states your entire agreement with Hawaii Grocery Service regarding the use of the Hawaii Grocery Service Service and hawaiigroceryservice.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
- The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
- This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Hawaii Grocery Service Inc. or its Associates or relating in any way to your use of the Hawaii Grocery Service or hawaiigroceryservice.com resides in the courts of New York, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute.
- Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
- Sections 7 and 8 of this Agreement are for the benefit of Hawaii Grocery Service and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Hawaii Grocery Service service.
- Notices. Hawaii Grocery Service may give notice to you of a change in this Agreement, a change in the HGS Fee Schedule, and any other matter by general posting on hawaiigroceryservice.com, by electronic mail. You may give notice to HGS by telephone, by electronic mail (visit Contact Us on hawaiigroceryservice.com), or by conventional mail to:
Hawaii Grocery Service
2421 Ala Wai Blvd., Suite 1402
Honolulu, Hawaii 96815
Attention: TERMS AND CONDITIONS
If you have any questions about this agreement, please email us at email@example.com.