Seller Terms & Conditions
The entity you are contracting with is Kama'aina Hawaii.com, LLC a company registered in the State of Hawaii. Hawaii Island Brands.com is an online asset of Kama'aina Hawaii.com, LLC.
IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY KAMAAINA HAWAII SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOODS OR SERVICES OFFERED THROUGH THE SITE AT HAWAII ISLAND BRANDS.COM.
If you have any questions, contact us.
About The Site
Kama’aina Hawaii.com, LLC. provides a proprietary technology platform—Hawaii Island Brands.com, related services and support that exclusively enables local Hawaiian businesses, merchants, manufacturers, artists, farmers and the tourist industry to manage and offer their inventory, product or services "for sale" to visiting tourists and online consumers worldwide. We do not sell, ship, warehouse and/or provide retail services. Hawaii Island Brands.com is an online asset of Kama’aina Hawaii.com, LLC, the actual contract for sale is directly between the seller and buyer.
The "Merchants" on Hawaii Island Brands.com are the sellers and issuers who are solely responsible to the "Buyer" for the care and quality of the goods and services they sell/provide, and for expediting delivery, including refunds, returns and exchanges of all purchases made on the site.
While we may provide pricing, shipping, listing, and other guidance in our services, such guidance is solely for informational purposes and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes, we have no control over and do not guarantee the existence, quality, safety or legality of all items advertised; the truth or accuracy of users content or listings; the ability of "Merchants" to sell items; the ability of buyers to pay for items; or that a buyer or "Merchants" will actually complete a transaction or return an item.
Section 1 – Policy Enforcement
When a buyer or "Merchants" issue arises, we may consider the both user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and "Merchants".
Section 2 – Listing Conditions
When listing an item on Hawaii Island Brands.com, you agree to comply with Kamaaina Hawaii rules for listing and selling and that:
* You will only list products that are "Made in Hawaii";
* You must be legally able to sell the item(s) you list for sale on the site.
* You must describe your item and all terms of sale on the listing page of the site.
* Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.
* All listed items must be listed in an appropriate category.
* If the "in stock" quantity is more than one, all items in that listing must be identical.
* Each unique item must have its own listing.
* You are responsible for the accuracy and content of the listing and item offered for sale;
* Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours if pending approval).
* We cannot guarantee exact listing durations;
* Content that violates any of Kamaaina Hawaii's policies may be deleted at our discretion;
We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
* buyer's location, search query, browsing site, and history;
* item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
* "Merchants" history, including listing practices, Detailed "Merchants" Ratings, Kamaaina Hawaii policy compliance, Feedback, and defect rate;
* and number of listings matching the buyer's query.
* Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
* Some advanced listing upgrades will only be visible on certain categories or services.
* A "Merchants" duplicate listing may also affect whether your listing appears in search results.
* Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
* We may provide "Merchants" with optional recommendations to consider when creating listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other "Merchants".
Section 3 – Prohibited And Restricted Items
*Important: Kamaaina Hawaii or Hawaii Island Brands.com will not approve product listings that are not "Made in Hawaii" and reserves the right to remove listings, and/or in some instances terminate the "Merchants" selling privileges if they fail to comply.
Before listing your item, make sure we allow it on Hawaii Island Brands.com and you also need ensure that the sale of your item complies with all laws.
- Adult only category
- Animals and wildlife products – examples include live animals, mounted specimens, and ivory
- Art (Hawaiian artifacts)
- Artifacts, grave-related items, and Native American arts and crafts
- Catalytic converters and test pipes
- Cell phone (wireless) service contracts
- Charity and fundraising
- Clothing, used
- Counterfeit currency and stamps
- Credit cards
- Currency, selling
- Drugs and drug paraphernalia
- Electronics equipment – examples include cable TV de-scramblers, radar scanners, and traffic signal control devices
- Electronic surveillance equipment – examples include wiretapping devices and telephone bugging devices
- Embargoed goods and prohibited countries – examples include items from Cuba
- Event tickets
- Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns (see also military items)
- Food and healthcare items
- Gift cards
- Government documents, IDs, and licenses
- Government, transit, and shipping-related items – examples include airplane operations manuals, subway employee uniforms, and U.S. Postal Service (USPS) mailbags
- Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants
- Human remains and body parts
- Importation of goods into the US – examples include CDs intended only for distribution in a certain country
- Insects (all types)
- International trading
- Items encouraging illegal activity – examples include an eBook describing how to create methamphetamine
- Lockpicking devices
- Lottery tickets
- Mailing lists and personal information
- Manufacturers' coupons
- Medical drugs, devices, and healthcare – examples include prescription drugs, contact lenses, pacemakers, and surgical instruments
- Military items (see also firearms, weapons, and knives)
- Multi-level marketing, pyramid, and matrix programs
- Offensive material – examples include ethnically or racially offensive material and Nazi memorabilia
- Pets (all types)
- Plants and seeds
- Police-related items
- Political memorabilia (reproduction)
- Postage meters
- Prescription drugs
- Prohibited services
- Real estate
- Recalled items
- Slot machines
- Stocks and other securities
- Stolen property (all types)
- Surveillance equipment
- Weeds (see plants and seeds)
Report a listing violation, contact us.
Section 4 – Listing Content
"Your Information" is defined as any content information you provide to Kamaaina Hawaii or other users in the registration, and the listing process (which includes images, photographs, descriptions, comments), in any public message area (including the forums or the customer feedback or ratings area) or through any email feature. You are solely responsible for Your Information, and Kamaaina Hawaii acts as a passive conduit for your online distribution and publication of "Your Information".
When providing us with content or causing content to be posted using our services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.
You represent and warrant that none of the following content infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the services and in compliance with this Seller User Agreement.
You will ensure that you obtain full permission of use for all material, images, photographs, content that may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings or create any derivative works based on third party assets.
You will ensure that your listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or other intellectual property rights of third parties.
Section 5 – Binding Sales
All sales generated through the site are binding. If you, as a "Merchant", receive a purchase request (order/transaction) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (non-payment), or (b) you cannot authenticate the buyer's identity or delivery address.
Section 6 – Termination
Section 7 – Price Manipulation
The price stated in each of your listings on the site in Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale for the purpose of avoiding Kamaaina Hawaii fees, and/or hacking into another's account and altering prices, may manipulate the price of any item for any reason. Price manipulation is not tolerated and the "Merchant" risks the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).
Section 8 – User Identity Verification
You understand that Kamaaina Hawaii, including Hawaii Island Brands.com live chat, acts only as a marketing platform and technical interface between users and that Kamaaina Hawaii does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Kamaaina Hawaii. We cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user. You understand that you may be exposed to content that you find offensive to you, and that you use Kamaaina Hawaii services at your own risk.
Please use caution, common sense, and practice safe trading when using Kamaaina Hawaii services. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Kamaaina Hawaii services, you agree to accept such risks and that Kamaaina Hawaii or Hawaii Island Brands.com (and our officers, directors, agents, merchants, partners, subsidiaries, joint ventures and employees) are not responsible for any and all acts or omissions of users on Hawaii Island Brands.com.
Kamaaina Hawaii uses many techniques to verify the accuracy of the information users provide when they register on the site. However, because user verification on the Internet is difficult, we cannot and do not confirm each user's purported identity. Thus, Kamaaina Hawaii has established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential transaction partners through the tools available on the site.
Section 9 – Infringing Usage And Restricted Activities
Your Activities which results in your Information (or any items listed) on Kamaaina Hawaii shall not:
(a) be false, inaccurate or misleading;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); Kamaaina Hawaii also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography;
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:
* are identical to other items you have for sale but are priced lower;
* are concurrently listed for sale on a web site other than Kamaaina Hawaii (this does not prevent linking to or advertising an Kamaaina Hawaii item from another web site); or
* you do not have a right to link to or include one in any of your listings or content posted.
Additionally, you agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without the prior expressed written permission of Kamaaina Hawaii and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Kamaaina Hawaii.
Section 10 – Feedback Integrity
You may not take any actions that may undermine the integrity of the feedback or rating system. Kamaaina Hawaii may, without prior notice, limit the number of purchases and listings, which you may place on Hawaii Island Brands.com based upon the level of your feedback and/or ratings. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you maybe unable to list or buy. You acknowledge that your feedback and rating consists of comments left by other users. Because feedback and ratings are not designed for any purpose other than for facilitating transactions between Hawaii Island Brands.com users, you agree that you shall not market or export your Hawaii Island Brands.com or rating in any venue other than a Kamaaina Hawaii operated website service.
Section 11 – Breach
Without limiting other remedies available, Kamaaina Hawaii may, without prior notice, limit your activity, immediately remove your item listings, warn Kamaaina Hawaii community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
(b) Kamaaina Hawaii is unable to verify or authenticate any of Your Information; or
(c) Kamaaina Hawaii believes that your actions may cause financial loss or legal liability for you, Kamaaina Hawaii users or Kamaaina Hawaii or Hawaii Island Brands.com.
Section 12 – No Warranty
KAMAAINA HAWAII AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES,PARTNERS AND SUPPLIERS PROVIDE KAMAAINA HAWAII WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. KAMAAINA HAWAII AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Section 13 – Limitation On Liability
IN NO EVENT SHALL KAMAAINA HAWAII, AND KAMAAINA HAWAII SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
KAMAAINA HAWAII LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF KAMAAINA HAWAII SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO KAMAAINA HAWAII IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $120. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Section 14 – Indemnification
YOU AGREE TO INDEMNIFY AND KAMAAINA HAWAII.COM, LLC AND SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, PARTNERS AND SUPPLIERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Section 15 – Legal Compliance
YOU AGREE TO COMPLY WITH ALL APPLICABLE DOMESTIC AND INTERNATIONAL LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING YOUR USE OF OUR SERVICE AND YOUR LISTING, PURCHASE, SOLICITATION OF OFFERS TO PURCHASE, AND SALE OF ITEMS.
Section 16 – Choice of Law Court
Any disputes arising out of or related to these Terms and Conditions of Use and/or any use by you of the site or Kamaaina Hawaii’s services shall be governed by the laws of the State of Hawaii, without regard to its choice of law rules and without regard to conflicts of laws principles.
The entity you are contracting with is Kama'aina Hawaii.com, LLC a company registered in the State of Hawaii.
All correspondence should be directed to:
PO Box 5123, Kailua Kona, HI 96745
If you have any questions, contact us here.