Agreement Between Customer and Pali Koa LLC, dba Kapalua Ziplines:
Your privacy is of upmost importance to Kapalua Ziplines. The following privacy statement provides an outline regarding the personal information that Kapalua Ziplines collects and the ways in which Kapalua Ziplines uses that personal information.
Personal Information Collection
Kapalua Ziplines may collect and use the following kinds of personal information: 1) information about your use of this website (including, but not limited, to: IP address, Web browser software such as Google Chrome or Internet Explorer and referring Web site. We may also collect information about your online activity, such as activities viewed and purchases made (to help customize your user experience). 2) Information that you provide for the purpose of registering with the website (including, but not limited to: name, address, phone, email, other contact information, etc). 3) Information about transactions carried out over this website (including, but not limited to: products or services, credit card / payment information, shipping/billing address, required age/height/weight for product or service, etc). 4) Information that you provide for the purpose of subscribing to the website products/services. Any other information that you send to Kapalua Ziplines.
Cookies and Other Web Technologies
Using Personal Information
Kapalua Ziplines may use your personal information to: administer the website, personalize the website for you, enable/disable your access to and use of the website services, publish information about you on the website, send to you products that you purchase, supply to you services that you purchase, send to you statements, vouchers, confirmations and invoices, collect payments from you, and send you marketing communications.
Where Kapalua Ziplines discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub- contractor with your information will be obligated to use that personal information in accordance with the terms of this privacy statement. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Kapalua Ziplines may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend Kapalua Ziplines’ legal rights.
Securing Your Data
Kapalua Ziplines will take reasonable and practicable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. Kapalua Ziplines will store all the personal information you provide on its secure servers. Firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information are deployed and maintained. Information relating to electronic transactions entered into via Kapalua Ziplines website will be protected by SSL Secured 128 bit encryption technology.
Cross-Border Data Transfers
Updating This Statement
Contact: Kapalua Ziplines
Kapalua Ziplines 500 Office Road
Lahaina, HI 96761
Cancellation and Refunds
Your purchase is 100% refundable provided you cancel your reservation at least 48 hours prior to its check-in time. Cancellation disclosures will be provided on your confirmation email once you have booked a reservation. Acceptable forms of contact in an effort to cancel your reservation are Phone (808-489-9577) or Email ([email protected]). Exceptions will be made in the case of illness or verifiable medical emergency (doctor’s note required for 100% refund). Kapalua Ziplines may require a modified experience due to weather, equipment, unforeseen circumstances, etc, which may result in a reduced refund (Activity and Provider specific). No refunds will be provided for no show, no medical note or any reason not approved by the Kapalua Ziplines.
License to Use Website
Unless otherwise stated, Kapalua Ziplines owns the intellectual property rights in the website and material on the website. All intellectual property rights are reserved. You may view, download for caching purposes only and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You are prohibited to: republish material from this website (including republication on another website), sell, rent or sub-license material from the website, reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose, edit or otherwise modify any material on the website, redistribute material from this website except for content specifically and expressly made available for redistribution, use this website in any way that causes or may cause damage to the website, impairment of the availability, accessibility of the website or in any way which is unlawful, illegal, fraudulent or harmful, in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software, conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting, robot, spider or any automated means) on or in relation to this website without Kapalua Ziplines’ express written consent.use this website to transmit or send unsolicited commercial communications, or use this website for any purposes related to marketing without Kapalua Ziplines’ express written consent.
By using this website, you agree that the exclusions, limitations of liability and warranties as well as the privacy and terms set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Access to certain areas of this website may be restricted. Kapalua Ziplines reserves the right to restrict access to other areas of this website, or the entire website, at Kapalua Ziplines’ discretion. If Kapalua Ziplines provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Kapalua Ziplines can disable your user ID and password in Kapalua Ziplines sole discretion without notice or explanation.
No Warranties and Liability Disclaimer
This website is provided “as is” without any representations or warranties, express or implied. Kapalua Ziplines makes no representations or warranties in relation to this website or the information and materials provided on this website.
The activity providers are independent contractors and are not agents, employees, affiliates, board members, investors, etc of Kapalua Ziplines. Any acts, errors, omissions, representations, warranties, breaches or negligence, personnel injuries, death, property damage or other damages or expenses are the responsibility of the activity provider and not of Kapalua Ziplines. Kapalua Ziplines or affiliates will not be held liable or provide refunds for cancellation, overbooking, strike, force majeure or unforeseen causes or events beyond Kapalua Ziplines’s control. Kapalua Ziplines has no responsibility for any additional expenses, omissions or act of government or authorities.
In no event shall Kapalua Ziplines be held liable for direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your access to display or use of this website or with the delay or inability to access, display or use this website. This includes, but is not limited to, any computer viruses, information, software, delay or inability to access or display or maneuver around the website, linked sites, products/services obtained from the website or otherwise arriving out of access, display or use of the website regardless of whether based on theory of negligence, contract, strict liability, tort, or otherwise. Kapalua Ziplines has been advised of the aforementioned potential for damages.
You accept that, as a limited liability entity, Kapalua Ziplines has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Kapalua Ziplines’ officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Kapalua Ziplines officers, employees, agents, subsidiaries, successors, assigns and subcontractors as well as Kapalua Ziplines.
If any provision of this website disclaimer is or is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Kapalua Ziplines and undertake to keep Kapalua Ziplines indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Kapalua Ziplines to a third party in settlement of a claim or dispute on the advice of Kapalua Ziplines legal advisers) incurred or suffered by Kapalua Ziplines arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of These Terms and Conditions
Without prejudice to Kapalua Ziplines other rights under these terms and conditions, if you breach these terms and conditions in any way, Kapalua Ziplines may take such action as Kapalua Ziplines deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Kapalua Ziplines may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Kapalua Ziplines may transfer, sub-contract or otherwise deal with Kapalua Ziplines rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.