Kauai Island Shopping Service
Terms and Conditions
This Agreement is a legal agreement between you and Kauai Island Shopping Service, (‘Kauai KISS’), a division of Kauai Grocery Delivery Service, LLC. If you purchase Kauai KISS products and/or services and/or use our website www.kauaikiss.com, you agree to these terms and conditions.
Kauai KISS Service and Website: The Kauai KISS grocery shopping service is an information and transaction service available to authorized users (“customers”) who access www.kauaikiss.com. Kauai KISS currently provides an online grocery shopping and delivery service, and may in the future provide additional shopping and related services.
Grocery Shopping and Delivery Service: Kauai KISS may employee agents or designees to shop and deliver grocery orders placed with Kauai KISS. Delivery will be made to the delivery address that you specify. Payment for groceries and associated shopping and delivery fees is due at the time of checkout. Your credit card or Paypal account will be charged at checkout time, and any necessary adjustments will be made on the day of delivery. We will make arrangements to gain entry to your accommodations and unpack your order prior to 3 PM on your date of arrival. If we cannot make such arrangements to gain entry, or for whatever reason our delivery person is unable to gain entry on the delivery day, you will be contacted to arrange an alternate delivery time when you are present. If you are not satisfied for any reason with any item purchased through Kauai KISS, we will issue you a refund for that item. Item and Package pictures on www.kauaikiss.com are for illustrative purposes only. Without changing the Package ‘menu’, Kauai KISS shoppers have the authorization to purchase equivalent or better items than those pictured and/or described. Kauai KISS liability for missing a delivery is limited to delivery at a later agreed time at no additional charge. In some areas, you may choose to receive your Kauai KISS order as an unattended delivery, and your order will be left unattended at your door or other place you designate. You agree not to hold Kauai KISS or its employees responsible for any damage or theft that occurs to an unattended delivery you authorized. Kauai KISS reserves the right to refuse to leave an order unattended if the delivery driver considers the circumstances to be unsuitable or unsafe for any reason.
Third Party Information Providers and Merchants: The Kauai KISS service may permit you to order and receive products, information and services from businesses which are not owned or operated by Kauai KISS. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. Kauai KISS does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the Kauai KISS service.
Member Account: You agree to provide Kauai KISS accurate and complete information as required by registration for the Kauai KISS service (‘Customer Registration Data’), including, but not limited to, your legal name, billing and delivery addresses, telephone number, contact email address, credit card account number and expiration date or Authorized Paypal email address, and promptly to notify Kauai KISS of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the Kauai KISS service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Kauai KISS immediately of any unauthorized use of your password or your account, or loss or theft of your credit card, or unauthorized use of your Paypal account. You will remain liable for any use of the Kauai KISS Service until you notify Kauai KISS of the unauthorized use, loss or theft.
Copyright: All content on www.kauaikiss.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Kauai Island Shopping Service (‘Kauai KISS’), a division of Kauai Grocery Delivery Service, LLC, ALL RIGHTS RESERVED. Kauai KISS authorizes you to view, electronically copy and to print in hard copy portions of www.kauaikiss.com for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on www.kauaikiss.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Kauai KISS is strictly prohibited. Kauai KISS reserves the right to revoke this authorization at any time. Any use shall be discontinued immediately on written notice from Kauai KISS.
Trademarks: All Kauai KISS logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Kauai KISS or otherwise proprietary to Kauai KISS and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on www.kauaikiss.com are the property of their respective owners.
Fees, Payment and Access: You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow access to your account. Fees and charges will be assessed in accordance with the then current Kauai KISS fee schedule. If you fail to pay any fees or charges when due under the Kauai KISS fee schedule, Kauai KISS may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Kauai KISS may incur in its efforts to collect any unpaid balances from you.
Age Requirement: By registering for Kauai KISS, you warrant that you are at least 18 years old. If you are under 18, you may use Kauai KISS only with the involvement of a parent or guardian.
Changes in Agreement, Fee Schedule or Kauai KISS: Kauai KISS may at any time change any of the terms of this Agreement or the fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Kauai KISS service. Kauai KISS may discontinue or revise any or all aspects of the Kauai KISS service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your Kauai KISS account and terminate this Agreement.
Termination: Kauai KISS may suspend or terminate your access to the Kauai KISS service at any time for any reason with or without notice to you. You may terminate your Kauai KISS account at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your Kauai KISS Service for any reason, you will not be entitled to a refund of any fees. Kauai KISS reserves the right to collect fees and charges incurred before you cancelled your Kauai KISS Service.
Limitation of Liability and Disclaimer of Warranty: Your use of the Kauai KISS service is entirely at your own risk. The Kauai KISS service, www.kauaikiss.com, and its contents are provided on an “as is”, “as available” basis”. To the fullest extent permitted by law, Kauai Grocery Delivery Service, LLC disclaims all representation and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of title, infringement, merchantability or fitness for a particular purpose. Kauai KISS does not warrant that the functions provided by www.kauaikiss.com or the server that makes it available, are free from viruses or other harmful components. Neither Kauai KISS nor any of its directors, employees, investors agents, licensors or merchants (collectively, its ‘Associates’), shall be liable for damages of any kind, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, arising from your use of, or inability to use, the Kauai KISS service, or for any other claims related in any way to your relationship with Kauai KISS. Kauai KISS liability is limited to crediting your account for products sold by Kauai KISS to you and subsequently returned by you.
Indemnification: You agree to defend, indemnify and hold Kauai KISS and its Associates harmless from any claims and expenses, including attorney’s fees, arising in connection with a violation of this.
Legal and Miscellaneous: This Agreement constitutes your entire agreement with Kauai KISS regarding the use of the Kauai KISS Service and www.kauaikiss.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement shall be governed by the laws of the State of Hawaii. You expressly agree that exclusive jurisdiction for any claim or dispute with Kauai Grocery Delivery Service, LLC or its Associates or relating in any way to your use of the Kauai KISS service or www.kauaikiss.com resides in the courts of Hawaii.
Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
Notices: Kauai KISS may give notice to you of a change in this Agreement, a change in the fee Schedule, and any other matter by general posting on www.kauaikiss.com, by e-mail. You may give notice to Kauai KISS by telephone (808-822-5477), by email (firstname.lastname@example.org) or by conventional mail to:
Kauai Grocery Delivery Service, LLC
4-831 Kuhio Hwy
Ste 438, PMB 134
Kapaa, HI 96746