Agreement between Customer and Hawaii Activities and Concierge

Privacy:
Your privacy is important to Hawaii Activities and Concierge (HIAAC). The following privacy statement provides an outline regarding the personal information that HIAAC collects and the ways in which HIAAC uses that personal information.

Personal information collection

HIAAC may collect and use the following kinds of personal information:

●  information about your use of this website (including, but not limited, to: IP address, Web browser software such as Google Chrome or Internet Explorer and referring Web site. We may also collect information about your online activity, such as activities viewed and purchases made (to help customize your user experience).

●  information that you provide for the purpose of registering with the website (including, but not limited to: name, address, phone, email, other contact information, etc).

●  information about transactions carried out over this website (including, but not limited to: products or services, credit card / payment information, shipping/billing address, required age/height/weight for product or service, etc).

●  information that you provide for the purpose of subscribing to the website products/services.

●  any other information that you send to HIAAC.

Cookies and other Web Technologies

HIAAC may assign your computer a "cookie" (a small piece of data sent from the webpage to the users web browser). Cookies can be enable or disabled by managing your preferred web browser settings. Disabling cookies may prevent the user to access certain options or tools provided on HIAAC web page.

Third-party advertisers may use cookies (and other technologies) to measure the effectiveness of their ads and to personalize advertising content associated with HIAAC. HIAAC does not have access to, or control cookies or other features that they may use. The information practices of these advertisers are not covered by this privacy policy and the user must examine the privacy statements posted on third party web sites to understand their procedures for collecting, using, and disclosing personal information.

Using personal information

HIAAC may use your personal information to:

●  administer the website

●  personalize the website for you

●  enable/disable your access to and use of the website services

●  publish information about you on the website

●  send to you products that you purchase

●  supply to you services that you purchase

●  send to you statements, vouchers and invoices

●  collect payments from you

●  send you marketing communications

Where HIAAC discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor with your information will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, HIAAC may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend HIAAC’s legal rights.

Securing your data

HIAAC will take reasonable and practicable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.

HIAAC will store all the personal information you provide on its secure servers. Firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information are deployed and maintained.

Information relating to electronic transactions entered into via HIAAC website will be protected by SSL Secured 128 bit encryption technology.

Cross-border data transfers

Information that HIAAC collects may be stored and processed in and transferred between any of the countries in which HIAAC operates to enable the use of the information in accordance with this privacy policy.

Updating this statement

HIAAC may update this privacy policy from time to time by posting a new version on its website.

Please check this website occasionally to ensure you are familiar with any changes.

Other websites

This website contains links to other websites.

HIAAC is not responsible for the privacy policies or practices of any third party.The information practices of third parties are not covered by this privacy policy and the user must examine the privacy statements posted on third party web sites to understand their procedures for collecting, using, and disclosing personal information.

Contact: Hawaii Activities and Concierge

If you have any questions about this privacy policy or HIAAC treatment of your personal information, please email: info@hiaac.,com

Terms:

These terms and conditions govern your use of the HIAAC website. By using this website you accept these terms and conditions in

full.

If you disagree with these terms and conditions or any part of these terms and conditions you must not use this website.

●  You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

●  You possess the legal authority to create a binding legal obligation.

●  You will use this Website in accordance with this agreement.

●  You will only use this website to make legitimate transactions for you or for another persons for whom you are legally

authorized to represent

●  All information supplied by you to the HIAAC website is true, accurate, current and complete. (we retain the right at our

sole discretion to deny access to anyone to this website and the services offered, at any time and for any reason, including,

but not limited to, violation of this agreement).

●  This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our HIAAC’s

use of cookies in accordance with the terms of HIAAC’s privacy policy.

Cancellation and Refunds

Your purchase is 100% refundable provided you cancel your reservation at least 72 hours prior to its check-in time, (unless your activity requires a longer cancellation notice). Cancellation disclosures will be provided on your voucher and/or your concierge/agent will inform you when you place your reservation. Your concierge/agent will provide details on accepted methods of contact to cancel prior to 72 hours.

Exceptions will be made in the case of illness or verifiable medical emergency (doctor's note required for 100% refund).

Although HIAAC will do everything possible to assure a refund approval, the final decision will be from the activity company that reserves the right for final refund.

Activity providers may require a modified experience due to weather, equipment, unforeseen circumstances, etc, which may result in a reduced refund (Activity and Provider specific).

No refunds will be provided for no show, no medical note or any reason not approved by the activity provider. A cancellation fee will be collected by HIAAC where applicable.

Service/Product Reservation

By utilizing HIAAC’s webpage for services/products you are acknowledging that HIAAC has pre-negotiated certain rates in order to provide the booking of your reservations on your behalf. HIAAC works with its activity providers to obtain the best rate for our users. HIAAC will provide these rates that will be charge to your credit card for the total reservation fee. By submitting your request for reservation you are authorizing HIAAC to facilitate reservations on your behalf including payment to the activity provider. HIAAC does not collect fees for remittance to taxing authorities. Sales and use taxes, excise taxes, value added taxes, etc are part of the tax recovery estimated transaction taxes that are paid to the activity provider directly in relation to your reservation. The activity provider is responsible for taxes to the appropriate authority. HIAAC does retain service fees as compensation for providing service/ products to the user.

License to use website

Unless otherwise stated, HIAAC owns the intellectual property rights in the website and material on the website. All intellectual property rights are reserved.

You may view, download for caching purposes only and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You are prohibited to:

●  republish material from this website (including republication on another website).

●  sell, rent or sub-license material from the website.

●  reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.

●  edit or otherwise modify any material on the website.

●  redistribute material from this website except for content specifically and expressly made available for redistribution.

●  use this website in any way that causes or may cause damage to the website, impairment of the availability, accessibility of

the website or in any way which is unlawful, illegal, fraudulent or harmful, in connection with any unlawful, illegal,

fraudulent or harmful purpose or activity.

●  use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to)

any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

●  conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting, robot, spider or any automated means) on or in relation to this website without HIAAC’s

express written consent.

●  use this website to transmit or send unsolicited commercial communications.

●  use this website for any purposes related to marketing without HIAAC’s express written consent.

Reasonableness

By using this website, you agree that the exclusions, limitations of liability and warranties as well as the privacy and terms set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Restricted access

Access to certain areas of this website may be restricted. HIAAC reserves the right to restrict access to other areas of this website, or the entire website, at HIAAC’s discretion. If HIAAC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. HIAAC disable your user ID and password in HIAAC sole discretion without notice or explanation.

No warranties and liability disclaimer

This website is provided “as is” without any representations or warranties, express or implied. HIAAC makes no representations or warranties in relation to this website or the information and materials provided on this website.

The activity providers are independent contractors and are not agents, employees, affiliates, board members, investors, etc of HIAAC. Any acts, errors, omissions, representations, warranties, breaches or negligence, personnel injuries, death, property damage or other damages or expenses are the responsibility of the activity provider and not of HIAAC. HIAAC or affiliates will not be held liable or provide refunds for cancellation, overbooking, strike, force majeure or unforeseen causes or events beyond HIAAC’s control. HIAAC has no responsibility for any additional expenses, omissions or act of government or authorities.

In no event shall HIAAC and/or their respective activity providers/suppliers be held liable for direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your access to display or use of this website or with the delay or inability to access, display or use this website. This includes, but is not limited to, any computer viruses, information, software, delay or inability to access or display or maneuver around the website, linked sites, products/services obtained from the website or otherwise arriving out of access, display or use of the website regardless of whether based on theory of negligence, contract, strict liability, tort, or otherwise. HIIAC and their respective provider/supplier have been advised of the aforementioned potential for damages.

Other parties

You accept that, as a limited liability entity, HIAAC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against HIAAC officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect HIAAC officers, employees, agents, subsidiaries, successors, assigns and sub- contractors as well as HIAAC.

Unenforceable provisions

If any provision of this website disclaimer is or is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify HIAAC and undertake to keep HIAAC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HIAAC to a third party in settlement of a claim or dispute on the advice of HIAAC legal advisers) incurred or suffered by HIAAC arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to HIAAC other rights under these terms and conditions, if you breach these terms and conditions in any way, HIAAC may take such action as HIAAC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

HIAAC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

HIAAC may transfer, sub-contract or otherwise deal with HIAAC rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Travel Services Licence

Hawaii Activities and Concierge is a registered seller of travel services and products in Hawaii & Alaska, USA and HIAAC is licensed as an Activity Desk under Licence Number: 1246 in the State of Hawaii and Alaska Business License #2174477