Terms & Conditions
Please read the following Terms and Conditions of Use carefully before using this website. Your use of this website is expressly conditioned on your acceptance of these terms and conditions without any modifications. Your use of this website constitutes your acceptance of all the terms and conditions set forth herein. If you do not agree with any part of the following terms and conditions, you should not use this website.
Any use herein of the terms “Hawaii Adventure Center’s website” or just “website” refers to all publicly accessible webpages that are identified with and under the control of Hawaii Adventure Center.
Terms “Hawaii Adventure Center,” “us,” “our,” “we,” and any variation thereof refer to Kauai Concierge Activities & Tours, LLC dba Hawaii Adventure Center and may include independent contractors who operate portions of the Hawaii Adventure Center website on Hawaii Adventure Center’s behalf.
Unless otherwise noted, this website and all of the materials contained herein, including the HTML code, source code, and any other code used to generate any portion of this website, are the copyrighted property of Hawaii Adventure Center or of third parties who have licensed Hawaii Adventure Center to use their property. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Hawaii Adventure Center provided, however, that users may reproduce a single copy of any webpage for their personal use. In addition, the trademarks, logos, and service marks displayed on this website (collectively the “Trademarks”) are registered and common law trademarks of Hawaii Adventure Center and/or third party service providers. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Hawaii Adventure Center and/or the appropriate third party service providers.
No Unlawful or Prohibited Use
As a condition of your use of this website, you agree that you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. The content and information on this Website (including, but not limited to the price of the Products), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your confirmation (and related documents) for Products booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to: (1) taking or attempting to take any action that grants you access to the website to an extent greater than authorized by Hawaii Adventure Center; (2) taking or attempting to take any action that results in an unauthorized modification, addition, or deletion to the website; (3) taking or attempting to take any action that violates the security of the website; (4) taking or attempting to take any action that would impose an unreasonable or excessively large load on the website’s infrastructure; (5) deep-link to any portion of this Website (including, without limitation, the purchase path for any Products) for any purpose without our express written permission; (6)”frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; (7) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (8) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; (7) knowingly providing false or misleading information to Hawaii Adventure Center; or (8) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand.
Personal and Non-Commercial Use Limitation
This website is strictly for your personal and non-commercial use. In the absence of Hawaii Adventure Center’s express prior written consent, you may not modify, copy, transmit, distribute, display, publish, or reproduce this website or any part thereof for any purpose other than your own personal and non-commercial use.
Hawaii Adventure Center believes that it is extremely important to protect children’s personal information. As a result, no one under the age of 18 is allowed to use any features of this website that result in our actively collecting personal information, such as the Reservations feature. By using any such features, you represent that you are age 18 or older.
Activity and Tour Operator Rules and Restrictions
Separate terms and conditions will apply to your reservation and purchase of the Activities and Tours that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Activity and Tour Operator with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Activity and Tour Operator’s rules and restrictions regarding availability and use of rates, products, or services. You acknowledge that some third-party providers offering certain Activities and Tours may require you to sign their liability waiver prior to participating in the Activities and Tours they offer. You understand that any violation of any such Activity and/or Tour Operator’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable Activities and/or Tours, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
You acknowledge that we pre-negotiate certain rates with Product suppliers to facilitate the booking of reservations on your behalf. The rate displayed on the Website is a combination of the pre-negotiated rate for the Products reserved on your behalf by us and the service fee retained by Hawaii Adventure Center to compensate us for our services. You authorize Hawaii Adventure Center to book reservations for the total reservation price, which includes the rate displayed on the Website, plus tax recovery charges, and service fees. You agree that your credit card will be charged by Hawaii Adventure Center for the total reservation price or deposit amount required to hold reservation. Upon submitting your reservation request you authorize Hawaii Adventure Center to facilitate reservations on your behalf, including making payment arrangements with Activity and Tour Operators.
You acknowledge that Hawaii Adventure Center does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid Product transactions are a recovery of the estimated transaction taxes (e.g. sales and use, excise tax, value added tax, etc) that Hawaii Adventure Center pays to the Activity and Tour Operator in connection with your reservations. The Activity and Tour Operators invoice Hawaii Adventure Center for tax amounts. The Activity and Tour Operators remit applicable taxes to the applicable taxing jurisdictions. Hawaii Adventure Center does not act as co-vendors with the supplier with whom we book or reserve our customer’s Activities and Tours. The actual tax amounts paid by Hawaii Adventure Center to the Activity and Tour Operator may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the Activity or Tour Operator by our customers. We retain our service fees as compensation in servicing your reservation. You may cancel or change your prepaid reservation, but you will be charged the cancellation or change fee indicated in the policies for the reservation. In addition, if you do not cancel or change your reservation before the cancellation policy period applicable to the Activity or Tour you reserved you will be subject to no refund. You agree to pay any cancellation or change fees that you incur. In limited cases, some Activity and Tour Operators do not permit changes to or cancellations of reservations after they are made, as indicated in the policy for the reservation. You agree to abide by the terms and conditions imposed with respect to the prepaid reservations you have selected.
Third Party Operators
The activities, tours and excursions listed on this website are owned and operated by independent contractors (third-parties) which are not associated with Hawaii Adventure Center. Hawaii Adventure Center does not own, operate or control the tours and is not responsible for the acts or omissions of the owners/operators or for any injury, loss or damages that may result from participation in the activities, tours and excursions, which is done at your own risk. Tour prices listed can be changed at any time without notice.
Links to Third Party Websites
This website contains hypertext links to other websites that are maintained by and under the control of third parties (the “Linked Websites”). Hawaii Adventure Center is not responsible for, and makes no representation or warranty regarding, the content or accuracy of any of the Linked Websites. The inclusion of a link does not mean that Hawaii Adventure Center endorses, has reviewed, or approves of the Linked Website or the individuals and/or organizations responsible for the Linked Website. These hypertext links are provided as a convenience only, and Hawaii Adventure Center is not responsible for any content that can be accessed through a hypertext link. If you access a Linked Website, you do so at your own risk. Any questions that you have about one of the Linked Websites should be directed to the individuals and/or organizations responsible for that website.
The Internet is a distributed network of millions of computers. Although we attempt to verify all links on a regular basis, there is a possibility that the particular server that you are attempting to link to is not currently operational. Please e-mail us at [email protected] to let us know about a broken hyperlink.
Bookmarking and Linking to Our Website
Individuals may, for personal, non-commercial use only, bookmark or point to any page within Hawaii Adventure Center’s website.
Other users/websites MAY: include a link to Hawaii Adventure Center’s website by pointing to the website’s home page at https://www.hawaiiadventurecenter.com provided that it is made clear that the information is being provided by Hawaii Adventure Center.
Other users/websites MAY NOT without Hawaii Adventure Center’s express written consent: (1) point or link from a website directly to content within Hawaii Adventure Center’s website other than by pointing or linking to https://www.hawaiiadventurecenter.com (2) copy, modify, or display Hawaii Adventure Center’s name, logo, text, or graphic images in any way; or (3) redeliver any of the pages/text/images/content of Hawaii Adventure Center’s website using “framing” technology.
Disclaimer of Warranty and Limitation of Liability
Hawaii Adventure Center makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components, and accuracy of the information, products, services, related graphics, and all other content found on this website. All such information, products, services, related graphics, and all other content found on this website are provided “as is” without any kind of warranty. Hawaii Adventure Center hereby disclaims all warranties and conditions with regard to such information, products, services, related graphics, and all other content found on this website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event shall Hawaii Adventure Center be liable for any direct, indirect, punitive, incidental, special, consequential, or any other type of damages arising out of or in any way related to the use or performance of Hawaii Adventure Center ‘s website, the provision of or failure to provide services, or for any information, products, services, related graphics, and other materials obtained through Hawaii Adventure Center ‘s website, or otherwise arising out of the use of Hawaii Adventure Center ‘s website, whether based on contract, tort, negligence, strict liability, or otherwise, even if Hawaii Adventure Center has been advised of the possibility of such damages.
Please note that because some states/jurisdictions do not allow the disclaimer of certain warranties and/or the exclusion or limitation of liability for certain types of damages, some of the preceding disclaimer, exclusion, and limitation may not apply to you. In such event, please see the section below entitled “Restriction on Use Based on Location.”
Amendments to These Terms and Conditions of Use
From time to time, it may be necessary for Hawaii Adventure Center to amend these Terms and Conditions of Use. You are responsible for regularly reviewing these Terms and Conditions of Use so that you will be aware of any changes. Please note that your continued use of this website means that you accept the amendments to these Terms and Conditions of Use.
This agreement and its performance are governed by the laws of the State of Hawaii and the United States of America without regard to any conflicts of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the City & County of Honolulu, State of Hawaii, United States of America, for all disputes and issues regarding your use of this website and your compliance with these Terms and Conditions of Use.
Restriction on Use Based on Location
Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use.
Accessing the Website in Countries Other Than the United States
Hawaii Adventure Center makes no claims regarding the legality of viewing or downloading the content of this website in any country other than the United States. Anyone who accesses this website in a country other than the United States does so at his or her own risk.
Violation of These Terms and Conditions of Use
If Hawaii Adventure Center determines that you have violated any provision of these Terms and Conditions of Use, Hawaii Adventure Center has the right, in its sole discretion, to pursue any and all of its legal remedies.
You agree to defend, indemnify, and hold harmless Hawaii Adventure Center, and its officers, directors, employees, and agents from and against any and all claims arising from your use of the website.
If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, the validity and enforceability of the other provisions of these Terms and Conditions of Use will remain unaffected.
The headings in these Terms and Conditions of Use are included solely for convenience and will not limit or otherwise affect these Terms and Conditions of Use.
These Terms and Conditions of Use and any other policies and/or guidelines referred to herein constitute the entire agreement between you and Hawaii Adventure Center regarding this website, and supersede all other prior or concurrent oral or written letters, agreements, or understandings related to this website.
If you have any questions or comments, we can be contact us online or by telephone at (888) 207-0722, and by postal mail at 3-2600 Kaumuali‘I Hwy, Suite 1300 #483, Lihue, HI 96766.