Aloha Pay End User Services Agreement — United States
Last updated: July 1, 2019
Welcome to Aloha Pay.
By purchasing, accepting or using the Aloha Pay’s AlohaPass in physical or digital form ("AlohaPass") and in consideration for your right to use the AlohaPass, you agree to be bound by these terms and conditions (the "Terms and Conditions" or “Agreement”). In these Terms and Conditions, "you" and "your" means the cardholder who has purchased or received an AlohaPass. "We" or "our" means Aloha Pay Inc.
If you do not understand any of the terms of this Agreement, please contact us before using the Services.
You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
Section A: Usage
- You must have an AlohaPass account registered in the U.S., and a U.S. shipping address to redeem the AlohaPass. For security purposes, you may be required to enter credit card or bank account information to open an Aloha Pay account.
- Invalid or unidentifiable AlohaPass numbers will not be redeemed.
- As a security feature, upon first use the AlohaPass (including funds on the AlohaPass) links to the Aloha Pay account associated with the AlohaPass' first use and becomes non-transferable.
- The AlohaPass may only be used for purchases at locations specified by Aloha Pay and when Aloha Pay is accepted.
- It is important that you track the AlohaPass balance.
Section B: Restrictions
- The AlohaPass is not refundable or redeemable for cash or credit, unless required by law.
- The AlohaPass is not for resale.
- You may not consolidate multiple AlohaPass cards.
- The AlohaPass may not be used to pay Aloha Pay or Aloha Pay service fees. The AlohaPass also may not be used to buy Aloha Pay AlohaPass, third party AlohaPasss, gift certificates, coupons, coins, paper money, virtual currency, or items generally considered to be "bullion" (for example, gold, silver, and other precious metals in the form of coins, bars, or ingots).
- Disclaimer of Warranties; Limitation of Liability
WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THE AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE AlohaPass OR ANY PURCHASES MADE WITH THE AlohaPass, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
IN ADDITION TO THE EXCLUSION OF DAMAGES SET OUT IN THE AGREEMENT, YOU AGREE THAT WE AND OUR RESPECTIVE AFFILIATES SHALL HAVE NO LIABILITY FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE). IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR RESPECTIVE AFFILIATES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A AlohaPass THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY; (B) ANY CIRCUMSTANCES BEYOND OUR CONTROL; (C) THE USE OF THE AlohaPass BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR WE BELIEVE IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORIZED USE; (D) THROUGH NO FAULT OF OURS, YOUR NOT HAVING SUFFICIENT FUNDS ON A AlohaPass TO COVER A TRANSACTION; OR (E) INABILITY TO USE A AlohaPass BECAUSE OUR SYSTEM IS NOT WORKING PROPERLY. YOU AGREE THAT WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE.
The laws of certain states or other jurisdictions may not allow limitations on implied warranties, or the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.
IN THE EVENT THAT WE OR OUR RESPECTIVE AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT LOADED ONTO YOUR AlohaPass.
Section C: General Terms
- The funds on the AlohaPass do not expire. No fees apply.
- Protect the AlohaPass like cash. Lost, stolen or damaged AlohaPass will only be replaced if the AlohaPass has never been used, and only with satisfactory proof of purchase and AlohaPass number, where required by law.
- We reserve the right to correct the AlohaPass balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any AlohaPass if we suspect fraud, unlawful activity or improper AlohaPass use. You agree that you will not use a revoked AlohaPass.
- We reserve the right to not sell AlohaPass or add funds to any AlohaPass. We may hold a AlohaPass for security review.
- The AlohaPass is not a credit, debit, or charge card. No implied warranties attach to it.
- Use of the Aloha Pay and Aloha Pay services is subject to each company's respective User Agreement. AlohaPass users must be 14 years of age or older. If you are between 14 years and 18 years old, you must provide proof of a permission to use by a parent or guardian.
- The AlohaPass is issued by Aloha Pay Inc., a Delaware limited liability company, which reserves the right to change the terms of the Aloha Pay AlohaPass program or amend this Agreement at any time or to contract with a third party to administer this program. Any amendment to the Terms and Conditions will be effective when posted on www.alohapay.co.
- We may assign these Terms and Conditions at any time without notice to you. However, if we assign the Terms and Conditions, the Terms and Conditions will remain substantially the same unless you are notified.
- You agree that you are making use of our services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- If you have a dispute with one or more users (end users or merchants), you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Aloha Pay's services or your breach of any law or the rights of a third party.
- This Agreement shall be governed by the laws of the State of Hawaii. Any and all disputes relating to the Company shall be brought in a court of competent jurisdiction located in Honolulu, Hawaii.