Ali’i Kai Resort Terms and Conditions
Please read these terms and conditions carefully before using this website. By using this website you accept these terms (“terms“) as they relate to your use of this site. Ali’i Kai Resort may revise these terms at any time by updating these terms. If you do not accept these terms you should not use this website.
Using this website:
Ali’i Kai Resort authorises you to view the materials at this website only for your personal, non-commercial use. You may not modify the materials at this website in any way, reproduce, publicly display, perform, distribute or otherwise use the materials for any public or commercial purpose. The materials at this website are copyrighted and any unauthorised use of any materials at this website may violate copyright, trademark and other laws. This website is administered by Ali’i Kai Resort by its offices in Kauai, Hawaii. Ali’i Kai Resort makes no representation that materials at this website are appropriate or available for use outside Hawaii and the US and access to them from territories where their contents are illegal is prohibited. You may not use, export or re-export the materials at this website or any copy or adaptation in violation of any applicable laws or regulations.
Access to this website:
Ali’i Kai Resort needs to protect its systems, proprietary technology and the integrity of any data held therefore Ali’i Kai Resort reserves the right in its sole, absolute and unfettered discretion at any time to restrict or prohibit access to this website for any user for any reason, and especially to restrict or prohibit access for users who demonstrate patterns of abuse, or unusual or improper use of this website or who violate these terms. If you violate any of these terms, your permission to use this website immediately terminates without the necessity of any notice.
You may not use on your website any trademarks, service marks or copyrighted materials appearing on this website, including but not limited to any logos or characters without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into your own, or another, website any of the content or other materials on this website without the prior written consent of Ali’i Kai Resort.
Specific product terms & conditions:
This website may be a portal linking you to various other sites. Any holiday, accommodation or other service you reserve using this website will constitute a legal agreement between you and the relevant accommodation Owner, provider or Club, as the case may be and not Ali’i Kai Resort which company is acting as a booking agent only.
Please note that in order to reserve or use any facilities or services via this website (where it is in effect a “portal”) you will be required to accept the relevant service provider’s or Club’s terms and conditions of use or reservation in addition to these general terms. Certain related or linked websites will contain their own terms and conditions relating to specific services or products offered on those websites. Some products or services may not be available in your country. Full details and/or any restrictions will be found on the applicable section of this website or related website which relates to the particular service, facilities or promotion.
Accommodations:
Please note that Ali’i Kai Resort acts as agent on behalf of each accommodation owner (Owner) featured on this website and as agent only for the purposes of supplying information and reservation services accepts no liability for any incorrect processing of any reservation activity by the Owner or for the accommodation itself provided by the Owner.
Links:
This website may contain links to other websites (“Links“). The Links are provided for your convenience, information and, in some cases, transactional capability, only and, as such, you access them at your own risk. The content of any links or linked sites is not under the control of Ali’i Kai Resort, and Ali’i Kai Resort is not responsible for, and does not endorse, such content, whether or not Ali’i Kai Resort is affiliated with the owners of such Links or linked sites. You may not establish a hyperlink to this website or provide any links that state or imply any advertising, sponsorship or endorsement of your own, or any other, website by Ali’i Kai Resort, and/or its associated companies.
Changes and updates:
Ali’i Kai Resort reserves the right, in its sole, absolute and unfettered discretion, to modify, alter or otherwise update these Terms at any time. Such modifications, alterations or updates shall be effective immediately upon posting. By using this website after Ali’i Kai Resort has posted notice of such modifications, alterations or updates, you agree to be bound by such revised terms.
Limitations and Disclaimer:
The materials and information provided at this website are provided as seen without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights. Ali’i Kai Resort does not warrant the accuracy, currency or completeness of the materials and information on this website. Ali’i Kai Resort reserves the right to make changes at any time and without notice. Information published at this website may refer to products, programs or services that are not available in your country and all details should be confirmed at the time of making a reservation.
In no event will Ali’i Kai Resort, its associated companies, suppliers or other third parties mentioned at this website be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this site, or the materials or information contained at this or any such other websites, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages.
This does not affect any of your statutory rights as a consumer.
Miscellaneous Terms and Conditions
Privacy policy:
Ali’i Kai Resort will only use any personal information supplied by you when you use this website in accordance with its Privacy Policy – the link for which can be found on this website.
Information:
Ali’i Kai Resort makes repeated efforts to verify the accuracy of information and to correct and update our database from information available to us. In the event that you consider that such information held by Ali’i Kai Resort is inaccurate, Ali’i Kai Resort, upon notification and sufficient time for verification, will take all reasonable steps to correct any inaccuracy of which we are made aware.
Advice:
Information supplied is not intended to constitute investment, legal or tax advice, and prospective consumer or purchaser should consult their own professional advisors concerning their own specific circumstances. Ali’i Kai Resort, including any of its associated companies, is not a licensed investment advisor and all information has been obtained solely from their own experiences as investors and is provided as general information only.
Currencies:
Cost of foreign products or services may be subject to currency fluctuations. Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The information supplied by this application is believed to be accurate, but Ali’i Kai Resort, and/or its associated companies do not warrant or guarantee such accuracy.
Third Party rights:
These terms are for the benefit of Ali’i Kai Resort and its associated companies officers, directors and employees. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Severable:
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms.
No Partnership etc:
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ali’i Kai Resort either as a result of this Agreement or your use of this website.
Entire agreement:
The provisions of these terms and conditions, and each obligation referenced herein, represent the entire Agreement between Ali’i Kai Resort and you and supersede any prior proposals, agreements or understandings (whether oral or written) not incorporated herein.
Law and Jurisdiction:
This Agreement is governed by and shall be construed in accordance with the laws of the State of Hawaii. You hereby consent to the exclusive jurisdiction of the federal courts in all disputes arising out of or relating to the use of this website. Those who choose to access this website from outside the United States are responsible for compliance with local laws, if, and to the extent that, local laws are applicable. You may not use or export materials or content contained on this website in violation of Hawaii and US export laws and regulations.
Images:
Every effort is made to only use our own resort images, those from the Hawaiian Tourist Authority (in line with their terms and conditions) and other third party Creative Commons licensed image sites such as Unsplash, Pixabay and Pexels. We also have permission to use the island photography of Ted Lauder throughout the website and on social media.