Terms & Conditions

Acceptance of Terms of Use

Please read the Terms of Use carefully before you use the Site. By accepting the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. Welcome to the Site of www.thehawaiianbox.com, operated by The Hawaiian Box LLC (the “Company”, “we”, “us”, “The Hawaiian Box” or “Hawaiian Box”). The following terms and conditions (collectively, these “Terms of Use”), govern your access to and use of www.thehawaiianbox.com, including without limitation our monthly product and gift service (collectively, the “Services”), and include any content, functionality and services offered on or through The Hawaiian Box (the “Site”),

By purchasing The Hawaiian Box you accept and agree to be bound and abide by these Terms of Use.

By accessing, subscribing to The Hawaiian Box, or using any Hawaiian Box operated Site or mobile application (or any content, service), (collectively, the “site”), you agree to abide and be bound by the terms described herein. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

Online Purchases and Terms of Sale

To subscribe to any of our subscriptions you are required to enter personal information. All of this information is subject to our Privacy Policy.

Eligibility:

This Site is for users who are 18 years of age or older. By agreeing to the Terms of Use, you warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf.

Registration:

You are required to create an account in order to purchase from our Site.

Subscribing:

By subscribing you agree to pay your subscription fee for the goods that are delivered for the term agreed by both parties.
Any introductory discount applied on the 6 month subscription means your first month is an introduction month. It also means you have a minimum of another 6 payments due on your commitment term before you can cancel.

Subscription Renewal:

By signing up to a Hawaiian Box subscription you understand
and agree you will be charged at the standard rate and that any promotional codes used as a new customer at signup do not transfer or apply to your renewal fee. The Hawaiian Box does not accept any responsibility or offer refunds for ‘auto renewals’ proceeding if you have failed to cancel your subscription before your next renewal date. You understand and agree that you will be automatically billed after your current subscription of 1, 3, 6 or 12 months expires unless the subscription is ‘set to cancel’ before your final payment date in your initial commitment.

YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD.

IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO YOUR SUBSCRIPTION RENEWAL. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.

Cancellation:

We will be sad to see you go, but you can turn off your auto renewal at any time. If you have committed for a longer subscription and have boxes left to receive, you will be charged for and will be shipped the remaining boxes. Then upon completion of your original commitment your subscription will automatically be canceled.

E.G If you sign up for a 12-month subscription and have paid for 8 boxes you will be charged for another 4 before your subscription finishes. This does not initiate any kind of refund if you fail to cancel before the renewal date.

Your subscription is continuous until you cancel and, if you cancel your membership before the end of an existing subscription commitment period, you will be charged for the remainder of that subscription period.

By The Hawaiian Box stating you can cancel at any time this directly refers to the renewal and not your commitment term.

Any discounts given on the first month of a new subscription are applied on the assumption you stay subscribed for the entire initial commitment period. If you request to cancel before the end of the initial commitment you no longer qualify for any discount on any boxes and must pay the one-month rate for any box, you received a discount on.

The Hawaiian Box does not offer a ‘free trial’ unless stated. You can only cancel after the first box if you select a month to month subscription. A 6 Month or 12-month subscription is different and you have agreed to stay for the entire subscription period. This policy protects the company from abuse of our discount systems given to new members who want to join up on a new subscription. If you agree to a 6 month or 12-month subscription you need to stay for the full commitment period. Normal month to month or 1 month subscriptions can be canceled at any point.

The Hawaiian Box discounts are one per household.

The Hawaiian Box is a subscription service. By signing up you agree it is your responsibility to cancel your own subscription by logging into your account profile. The Hawaiian Box does not accept responsibility to cancel your account on your behalf. It is up to the customer alone to cancel the subscription. Cancellations must be completed before the next renewal date. Your subscription will renew on the same date of the month that you signed up after your commitment period ends.

EG. You sign up for 6 months on the 5th of February your membership will automatically renew on August 5th.

You must cancel your subscription 24 hours before the renewal date. IF YOU DO NOT CANCEL PRIOR TO THE RENEWAL DATE OF A CALENDAR MONTH, YOU WILL BE CHARGED FOR THAT MONTH’S SERVICE AND YOU WILL RECEIVE A Hawaiian Box. All cancellation requests received after the renewal date of a calendar month will apply to the following calendar month.

Missing Boxes:

All customers can replace or refund their missing box within 30 days of the cut-off period (the 15th of each month).

Billing & Payments:

You will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month (e.g., a six month plan, a twelve month plan), you will automatically be charged each month during that subscription period, even if you have set your subscription or membership to cancel prior to the end of that subscription period. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.

Prepaid credit / debit cards are not accepted.

For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your monthly purchase of Products.

Your Personal Data: Your security is paramount to us. We use a reputable third party to process all payments ‘Stripe, Inc’, and you agree that we can store your information with this party. You also acknowledge that we will not be held responsible for any third party security breaches.

Shipping:

We ship on the 15th of every month, or on the first business day following the 15th. Our shipping prices to the USA (including inter-island in Hawaii) is a flat fee of $8 regardless of the box size. International rates will vary. We use USPS Priority 3-day shipping however due to unforeseen circumstances with the postal services, shipping may take longer once boxes reach the mainland. All orders placed on our website are subject to availability. Products will be shipped according to our Site shipping terms. We will not be liable if shipping is delayed.

Loss of Goods: Our ‘Picking & Shipping’ delivery company is responsible for the delivery of all goods ordered. Please track your order online with the tracking number provided and follow up with them regarding delays or failure of delivery. All of this information will be sent to you by email once you have subscribed.

Return / Refund Policy:

All sales and subscriptions made on our Site are considered final. The Hawaiian Box has a return policy where if there is a problem or defect with any product delivered by The Hawaiian Box, we will do our utmost to rectify the problem, however we will not be liable if a product becomes unavailable thereafter. The Hawaiian Box may request for photos of any defective items. The Hawaiian Box is not responsible if the packaging has been damaged during transit but all products are intact and received in good condition. Please refer to our FAQ page, or you can contact customer service using aloha@thehawaiianbox.com.

Correspondence:

We send e-mail correspondence and newsletters following orders and registration by members. You can opt out of these at any time.

Pricing/Errors:

Product prices and product availability are subject to change without notice. We may cancel any offer and reserve the right to correct errors, including after an order has been submitted, whether or not your credit/debit card has been charged. If your credit/debit card has already been charged and your order is canceled, The Hawaiian Box will issue a refund to your credit/debit card account in the amount of the charge. You accept that your subscription being ‘auto renewed’ on the date advised at sign up is not considered an error liable for refund.

Order Acceptance/Confirmation:

We reserve the right at any time after receipt of your order to accept or decline your order. The Hawaiian Box reserves the right to decline sales or limit any orders to any party.

Site and Contents Ownership

The Site is owned by The Hawaiian Box LLC. All of the content displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof (“The Hawaiian Box LLC”) its licensors or its third-party image partners. All elements of the Site are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site

All content is intended for customers of The Hawaiian Box. You may not use the Site or for any purpose not related to your business with The Hawaiian Box LLC. You are prohibited from: (a) copying or re-transmitting any or all of the Site or content without a written agreement from The Hawaiian Box LLC; (b) using any data mining, robots or similar data gathering or extraction methods; (c) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any The Hawaiian Box LLC product or service if you are not authorized to do so; (d) modifying any part of the Site or The Hawaiian Box LLC. (e) disabling or interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (f) selling, licensing or leasing any content without specific written authorization from The Hawaiian Box LLC; and (g) using the Site other than for its intended purpose. (h) Additionally, you agree not to use the Site or contents in any manner that could damage the reputation of the company.

Interactive Services or Areas

By using any Interactive Areas, you agree not to upload or create or otherwise publish through the Site any of the following: a. Any data, information, text, music, sound, comment, photos, graphics, code or other material (“User Content”) that is defamatory, obscene, pornographic, harmful to minors, indecent, lewd, unlawful, invasive of privacy or publicity rights or abusive; b. Viruses, corrupted data or other harmful, disruptive or destructive files; and c. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations.

The Hawaiian Box LLC will not be liable for any damages of any kind arising from the use of the site or content, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. We make no warranty that the site is free from infection by viruses or anything else that has contaminating or destructive properties.

License

Unless otherwise stated, The Hawaiian Box and/or its licensors own the intellectual property rights for all material on www.thehawaiianbox.com. All intellectual property rights are reserved. You may access this from www.thehawaiianbox.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. The Hawaiian Box does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of The Hawaiian Box,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, The Hawaiian Box shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

The Hawaiian Box reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant The Hawaiian Box a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of The Hawaiian Box; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to aloha@thehawaiianbox.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 1-3 business days for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of The Hawaiian Box’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Registration Data and Account Security

By using the Site or subscribing to The Hawaiian Box, you agree to: (a) provide accurate information about you on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Company; (c) maintain the security of your password; (d) notify us immediately of any breach of security connected with your account; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the data and any other information you provide.

Indemnification

You agree to defend, The Hawaiian Box, its affiliates, licensers, subsidiaries, independent contractors, investors, employees, agents, third party information providers and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) issues arising out of or related to anything connected to the contents of your Hawaiian Box.

You also agree to defend, indemnify and hold harmless The Hawaiian Box LLC, its affiliates, licensers, subsidiaries, independent contractors, investors, employees, agents, third party information providers and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to anything related to User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of The Hawaiian Box LLC. Content, or your violation of any rights of another.

Limitation of Liability

In no event shall The Hawaiian Box, its directors, investors, employees or agents be liable for any direct, indirect or consequential damages, or any other damages of any kind, including but not limited to death, illness, medical complaints, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, our products, the services, The Hawaiian Box Content or the materials contained in or accessed through the site, including without limitation any damages caused by mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to The Hawaiian Box LLC records, programmes or services. You agree total cumulative liability shall not exceed the amount paid to The Hawaiian Box LLC for that calendar month in question.

Termination

The Hawaiian Box reserves the right, without notice and in its sole discretion, to terminate your account/subscription and/or to block your use of the Site.

Changes to Site Terms

The Hawaiian Box LLC reserves the right to change any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site.