|
Terms and Conditions
IslandPrincessHawaii.com Terms of Use as of February 16, 2009
Terms and Conditions PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Purdyco Ltd. dba Island Princess and Orchard Heights Winery (all three organizations are further referred to collectively as "IslandPrincess"). The collective work includes works that are licensed to Island Princess. Winery. Copyright 2006, Island Princess ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Island Princess or purchasing Island Princess products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order and purchase Island Princess products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Island Princess. You further agree not to change or delete any proprietary information from materials downloaded from the site. Trademarks All trademarks, service marks and trade names of Island Princess used in the site are trademarks or registered trademarks of Island Princess. Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Island Princess disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Island Princess does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Island Princess does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Limitation of Liability Island Princess shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Island Princess has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors We make every effort to present an error-free website, however in the event that an Island Princess product is mistakenly listed at an incorrect price or with incorrect or incomplete information or description, Island Princess reserves the right to refuse or cancel any orders placed for product listed at the incorrect price or based on the information error. This applies to on-line promotions also. You will be advised of our action and given the opportunity to resubmit an order based on correct information. If your credit card has already been charged for the purchase and your order is cancelled, Island Princess shall issue the appropriate credit to your credit card account. Additional Terms Other terms of use for IslandPrincessHawaii.com specific areas can be found on our site through these links: Shipping Information Payments Privacy and Security Policy Terms of Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be revised or terminated by Island Princess without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice Island Princess may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Island Princess. Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of Hawaii, the United States of America, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Island Princess products) shall be in the state or federal courts located in Honolulu Hawaii. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Island Princess products) must be commenced within one (1) year after the claim or cause of action arises. Island Princess's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Island Princess may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Island Princess or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer Island Princess does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Island Princess is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Island Princess reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Island Princess in its sole discretion. Indemnification You agree to indemnify, defend, and hold harmless Island Princess, Orchard Heights Winery, and Purdyco Ltd. its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors, Island Princess may link to sites operated by third parties. However, even if the third party is affiliated with Island Princess, Island Princess has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Island Princess. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Island Princess seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). Updates and Effective Date Because we periodically update our terms and conditions, Island Princess recommends you periodically revisit this section for the latest updates. These policies were updated to be effective February 16, 2009. We invite you to contact us if you have specific questions. Island Princess 2836 Ualena Street Honolulu, Hawaii 96819 (new address as of 8/2015) Ph: (808) 925-5222 - FAX: (808) 836-2019 Email: [email protected] Privacy Policy as of 2/12/09 We sincerely appreciate your choosing Island Princess for your mail order and gift purchases. We fully understand that you have put your trust in us when visiting our website and providing the information that is necessary to complete your order. On-line and Off-line Security It is the uncompromising policy of Island Princess to maintain confidentiality on all personal information with regard to your purchase, as well as information about those who receive gifts you have ordered from us. We protect personal information both on-line and off-line through physical security measures and managerial controls. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and who are required to keep the information confidential. When you place orders or access your personal information, we use a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above. What information do we collect? We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them. How do we use your information? We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: To allow us to better service you in responding to your customer service requests. To quickly process your transactions. To administer a contest, promotion, survey or other site feature. If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us. Do we use "cookies"? Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Foxfire, Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your visit to our site more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service (information below). We may use e-mail to correspond with you regarding your on-line, telephone or mail orders and our web site promotions. Please do not use e-mail to communicate any critical financial information (such as your credit card number) since e-mail is not secure through encryption. Do we disclose the information we collect to outside parties? Island Princess does not sell, trade, share or rent your personally identifiable information or e-mail addresses with any outside parties beyond what is required to efficiently complete your order or fulfill a promotion, except as described below. The term "outside parties" does not include Island Princess, website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. We may contract with third-party service providers to assist Island Princess with order processing or to help us better understand our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. Non-personally identifiable visitor information may be provided to other parties for website traffic analysis, marketing, or other statistical uses. How to opt-out, remove or modify information you have provided to us? To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production. To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping. Third Party Links In an attempt to provide you with increased value, we may include third party links on IslandPrincessHawaii.com. These linked sites have separate and independent privacy policies. While we make every effort to choose sites that have similar security policies to Island Princess, we recommend you read the privacy statements of other web sites. We will have no responsibility or liability for the content and activities of these linked sites. We do seek to protect the integrity IslandPrincessHawaii.com and welcome any feedback about these linked sites (including if a specific link does not work). Terms and Conditions Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website. Updates and Effective Date Because we periodically update our terms and conditions, we recommend you periodically revisit this section for the latest updates. If we decide to revise our privacy policy, we will incorporate the changes on this page. Any policy changes will apply only to information collected after the date of the change. This policy was last modified on February 12, 2009. Online Policy Only This online privacy policy applies only to information collected through our website and not to information collected offline. Your consent by using IslandPrincessHawaii.com website, you consent to our privacy policy. Questions and Feedback We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue. Island Princess 2836 Ualena Street Honolulu, Hawaii 96819 (new address as of 8/2015) Ph: (888) 925-5222 FAX: (808) 836-2019 Email: [email protected] |