Hawaii’s premier maker of chocolate-covered macadamia nut confections & a major producer of the highest quality macadamia nut cookies, roasted macadamia nuts, & 100% Kona coffee.
My Account
Shopping Cart 0 item(s)
View Cart
$0 - $24.99
$25 - $49.99
Over $50
Home > Terms and Conditions
 

Terms and Conditions

Terms of Use

 

Effective Date:  May 5, 2015

 

These Terms of Use govern your use of the Hawaiian King Candies (“HKC”) website and other related information and services provided by us (collectively the "Services"). Please read these Terms of Use carefully before using any of the Services. By using any of the Services, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, you may not use any of the Services.

 

Additional Terms

Some Services have additional terms and conditions ("Additional Terms").  Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service.  By using such Service, you agree to the applicable Additional Terms.  In addition, to the extent you enter or are otherwise eligible for any contest, sweepstakes or other promotion, you may be subject to separate or additional terms and conditions that govern such contest, sweepstakes or other promotion.

 

Intellectual Property Notice

Unless otherwise noted, all materials, including, without limitation, all images, illustrations, designs, icons, photographs, video clips, written and other materials that appear as part of the Services (collectively "Content") are copyrights, trademarks, trade names and/or other intellectual properties owned by or licensed to HKC. Each of the Services as a whole is protected by copyright, trademark and all worldwide rights, titles and interests in and to such copyright and trade marks are owned by or licensed to HKC. All HKC trademarks appearing on or as part of the Services are registered or common law trademarks owned by or licensed to HKC. You may download, print and store selected portions of the Content only if you: (1) use these copies only for your own personal, non-commercial use; (2) do not copy or post the Content on any network or website or transmit the Content in any media whatsoever; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading. HKC or its licensor reserves all right, title, interest and full intellectual property rights in any Content you download from the Services. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from or otherwise use the Content.

 

Comments

We welcome your comments. However, by sending us any comments, feedback, testimonials, notes, messages, ideas, suggestions, know-how, concepts, techniques, criticisms, reports or other communications (collectively "Comments"), whether oral or written, you hereby grant to HKC an irrevocable, non-exclusive, fully paid, royalty free, worldwide, sublicensable, transferable, license to reproduce and use such Comments, in any medium now known or hereinafter created, for any purpose whatsoever. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that HKC has no duties to you, with respect to such Comments.

 

Links

The Services may contain links to third party websites or Internet resources that are not owned or controlled by HKC. Our provision of a link to any other website or Internet resource is for your convenience only and does not signify our endorsement of such other website or resource or its contents. HKC SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR INTERNET RESOURCE.

 

Product Information

The prices displayed on or through the Services are quoted in U.S. Dollars and are valid and effective only in the U.S. and for website sales. Store prices may differ from prices shown on or through the Services.

 

Return Policy

HKC guarantees the quality of all our products.  If you are unsatisfied with the quality or condition of your order, you may return your merchandise for refund or replacement.

 

Disclaimer

THE SERVICES AND ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SERVICES, AND THAT SEE'S SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES.

 

Inaccuracy Disclaimer

HKC strives for its Services, Content, and other materials to be accurate. However, from time to time, there may be information available on or through the Services or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. HKC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), which may include canceling orders. No advertisement or product listing is a binding offer of sale. HKC may, in its sole discretion, cancel any order at any time prior to shipping. As the actual colors you see will depend on your monitor, we cannot and do not guarantee that your monitor's display of any color will be accurate.

 

Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL HKC OR ITS MEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SERVICES.

 

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent HKC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of HKC liability shall be the minimum permitted under such applicable law.

 

Indemnification

You agree to defend, indemnify and hold harmless HKC and its parents, subsidiaries, affiliates, members, managers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur arising from or relating to your (or anyone using your account's) use of any of the Services or any violation of these Terms of Use or any applicable Additional Terms.

 

Privacy

Please read our Privacy Policy.

 

Miscellaneous

These Terms of Use shall be construed and enforced in accordance with the laws of the State of Hawaii without regard to any choice of law or conflict of laws principles, regardless of where you live. These Terms of Use and any Additional Terms, together with any other rules or guidelines posted in connection with our website, constitute the entire and exclusive and final statement of the agreement between you and HKC with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and HKC with respect to the subject matter hereof. The failure of HKC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms of Use is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of that provision, and the remainder of these Terms of Use shall continue in full force and effect.

 

Dispute Resolution

By accepting the Terms of Use, you agree and acknowledge that any dispute relating in any way to your visit to HKC’s website or use of any of our Services shall be resolved by negotiation in good faith.  If the negotiation does not result in resolution within 45 days of the notice, the parties shall endeavor to resolve the dispute by binding arbitration in the State of Hawaii by a sole arbitrator from Dispute Prevention & Resolution, Inc.  Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.  These procedures will apply to any and all disputes that may arise between the parties or between their respective principals, officers, members, managers, directors, employees, agents, subsidiaries, parents, predecessors, successors, assigns, heirs or related entities.

 

Terms of Use Changes

We reserve the right, at our discretion, to change these Terms of Use at any time. Please check this page [and the link to this page from our homepage] periodically for changes. Those changes will go into effect on the Effective Date disclosed in the changed Terms of Use. The new Terms of Use will apply to all current and past users of the Services and will replace any prior Terms of Use that are inconsistent.

 

Privacy Policy


Effective Date: 05/05/2015

 

At Hawaiian King Candies (“HKC”), we respect our customers' privacy.

This Privacy Policy explains when and how we collect, use and disclose Personal Information (defined below) and Non-Personal Information (defined below) anytime you interact with HKC, such as when you use our websites and other related information and services provided by us (collectively the "Services", when you purchase HKC's products and services or call our sales or support associates and at other times. By accessing or using the Services, you consent to this Privacy Policy.

 

Information We Automatically Collect

We automatically collect information that does not reflect or reference an individually identifiable user ("Non-Personal Information") to help us understand how our users use the Services. As is true of most commercial websites, our Services use "cookies" and other technologies to help us understand which parts of our website are the most popular, where our visitors are going, how much time they spend there, etc. We also use cookies and other technologies to improve the quality and functionality of the Services and personalize your experience. Most Web browsers are initially set to accept cookies. If you would prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the Services will not function properly if you do so. We also gather certain information automatically and store it in log files. This information includes, without limitation, Internet Protocol (IP) addresses, Web browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data.

 

Information You Choose To Submit

We collect information that personally identifies you, such as your name, e-mail address or billing and shipping information, or other data which can be reasonably linked to such information ("Personal Information") that you choose to share with us. For example, you may be required to provide us with certain Personal Information to make a purchase, register on our Services, request a catalog, sign up to receive HKC's e-mails and at other times. The decision to provide this information is optional; however, if you elect not to provide such information, you may not be able to access certain areas of our Services. We may also receive Personal Information about you from third parties, such as from users conducting fundraisers through the Services and from those users' e-mail providers.

 

How We Use Personal And Non-Personal Information

We use Personal Information and Non-Personal Information for internal purposes only, such as enhancing your experience using the Services; performing administration and technical support for the Services; notifying you about our new and existing products or services; gathering demographic information about our user base as a whole; and processing and fulfilling your orders and requests.

We will not sell, share or rent Personal Information to third parties, and we will not otherwise disclose Personal Information to third parties, without your permission, except as disclosed in this Privacy Policy.

 

From time to time, we might establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy practices are consistent with ours ("Service Providers"). For example, we may contract with Service Providers to provide certain services, including credit card processing, data management, promotional services, marketing services, fulfilling customer orders, delivering products to you, etc. We provide our Service Providers with the information needed for them to perform these services. Each Service Provider must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your information from unauthorized access, destruction, use, modification or disclosure.

 

We may combine information you give us through the Services or in our stores. We may also combine such information with publicly available information to enhance and personalize your shopping experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes. We may also share or cross-reference, or cause to be shared or cross-referenced, such information, including Personal Information, with unrelated companies you may be interested in so that the companies can directly market their products or services to you.

 

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property or rights of HKC’s or of any third party, to prevent or stop any illegal, unethical or legally actionable activity, or to comply with the law.

We also may share Personal Information and Non-Personal Information with companies affiliated with HKC. In the event that HKC is merged, or in the event of a sale or other transfer of our assets, we may disclose or transfer Personal Information and Non-Personal Information in connection with such transaction. You will have the opportunity to opt out of any such transfer if, in our opinion, the new entity plans to handle your information in a way that is different in an important way from this Privacy Policy.

 

Managing Your Personal Information 

As set forth in this Privacy Policy, we offer our customers the ability to opt out of sharing your Personal Information with third parties for their direct marketing purposes. To make such a request, please contact us at the contact information below. You can contact us the same way if you have questions or concerns regarding this Privacy Policy or wish to update or delete your Personal Information.

 

Contact us at:

 

Hawaiian King Candies, LLC.

Attn: Privacy Policy

550 Paiea St., Ste. 501

Honolulu HI 96819

Email:  [email protected]

Tel:  808-833-0041

 

Security

We use physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us, including using SSL technology for encryption and transmittal of your order information (including your credit card information). However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot and do not guarantee or warrant the security of any information you transmit on or through the Services, and you do so at your own risk.

 

Children

The safety of children online is very important to us. We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a user under the age of 13, we will delete the information as soon as possible. Because we do not knowingly collect Personal Information from children under the age of 13, we also do not knowingly distribute such information to third parties.

 

Privacy Policy Changes

We reserve the right, at our discretion, to change this Privacy Policy at any time. Please check this page and the link to this page from our homepage periodically for changes. Those changes will go into effect on the Effective Date disclosed in the changed Privacy Policy. The new Privacy Policy will apply to all current and past users of the Services and will replace any prior Privacy Policies that are inconsistent. By continuing to use the Services, you consent to the changed Privacy Policy.