Terms of Use

WELCOME TO ALOHASNAX.COM!

The gist:

We run a subscription-based service and send packaged snacks to people wanting to explore new & popular snacks from Hawaii and other tropical islands from around the world. Our goal is to provide you with new things to munch on every month. We send it to you all packed up and ready to eat. We call it a Aloha Snax and would love for you to try it. Each Aloha Snax contains 7+ full size snacks and our Family Snax contains 15+ full size snacks. Aloha Snax now ships to over 20 countries.

 

We ask that you please eat responsibly as some of our snacks may contain allergens such as but not limited to: peanuts, almonds, cashews, walnuts, various fruits, gluten, lactose, eggs, shellfish, soy, wheat, etc. If you are unsure if a particular snack has an allergen in its ingredients, do not eat it!

 

The website located at www.AlohaSnax.com (the "Site") is a copyrighted work belonging to Aloha Snax (“Company”, “us”, “our”, and “we”). The following terms and conditions govern all use of the AlohaSnax.com website and all content, services and products available at or through the website, including, but not limited to, AlohaSnax.com ("Aloha Snax"). The Website is owned and operated by Aloha Snax ("Aloha Snax").

ACCEPTANCE OF TERMS

By accessing any part of this website and subscribing to our service you agree and become bound by these terms and conditions in this agreement and all other operating rules, policies (including, without limitation, Aloha Snax’s Privacy Policy) and procedures that may be published on this Site by Aloha Snax (collectively, the “Agreement”). Aloha Snax and its services are only available to adults age 18 and over in the United States. Continued use of the site constitutes your agreement to these terms as they may be amended from time to time without prior notice.

WEBSITE CONTENT

  1. Member Account, Password and Security.
To use this Site or the Services, you must register for an account with Company (an “Account”) and provide certain information. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining 

the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You acknowledge that Aloha Snax reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Aloha Snax reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  1. Ownership.

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Services, and all related intellectual property rights. Company and its suppliers reserve all rights not granted in the Terms. You may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non­confidential and non­proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

  1. Copyright.

Except for material in the public domain under United States copyright law, all material contained on the Site (including all software, HTML, PHP, CSS, Java applets, and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Site without our written consent. None of the material contained on the Site may be reverse engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without our prior written consent. Violation of this provision may result in severe civil and criminal penalties. Copyright © 2020 Aloha Snax. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

COPYRIGHT COMPLAINTS

Aloha Snax respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Aloha Snax of your infringement claim in accordance with the procedure set forth below.

To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Site or Service; your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Aloha Snax will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Aloha Snax’s Copyright Agent info@AlohaSnax.com (Subject line: "DMCA Takedown Request").

ORDERING SERVICES

You may order the Service by following the directions on the Site. Once you order the Service, your subscription to the Service will automatically renew every month until you cancel your Service by following the directions on the Site. Company may change the pricing for the Services (from time to time in its sole discretion) by updating the Site and without any additional notice to you, provided that any changes will not take effect until your subscription renews. Company may send you token gifts, inclusive of your costs of the Service.

MONTHLY DELIVERY

As a subscribed Aloha Snax member, we will ship you a parcel with a various selection of snacks that may consist of a selection from chips, crackers, cookies, nuts, jerky, candy, gummies, or other snack-related items (“Products”). Each renewal of your subscription, the selection of Products may change. Accordingly, Aloha Snax cannot guarantee that a selection will be available in any particular or subsequent timeframe.

BY SUBSCRIBING YOU AGREE TO PAY THE SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH DELIVERY.

ALOHA SNAXS (BOXES)

The Aloha Snax contains 7+ full size snacks

The Ohana Snax contains 15+ full size snacks

A full-size snack consists of any snack weighing .2 ounces or more. Any snacks below this weight will not count against the allocated number of snacks of the product purchased and are included at no additional cost.

The contents of each Aloha Snax will vary, and we make no guarantees regarding the content of Aloha Snax, that you will receive a particular product in a Aloha Snax or that certain products will be available in your Aloha Snax. Many of our suppliers’ products come in limited quantities and may not be available in the future. It is your responsibility to review the ingredients of each product to avoid allergic reactions or other side effects. Some of the products within the Boxes are not manufactured by Aloha Snax, but rather by Aloha Snax’s suppliers. We manufacture 50-75% of the products inside the boxes. For information on returns and refunds, please see our Frequently Asked Questions.

Payment Terms: If you order the Service, you agree to pay the then-current applicable Service fee listed on the Site at www.AlohaSnax.com. Aloha Snax will automatically bill your credit card submitted in ordering the Service on the date the Service is activated, and each week/month thereafter, until you cancel your Service. You hereby authorize Aloha Snax to bill your credit card as described above. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties (Hawaii residents are responsible for paying taxes on AlohaSnax.com). If any fee cannot be charged to your credit card for any reason, Company may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non­payment is not remedied within seven (7) days after receiving such notice of non-payment, then Company may terminate the applicable Service.

SHIPPING

Aloha Snax are shipped out every day Monday through Friday. Aloha Snax shipped via Standard Shipping are sent via DHL Ground and may take between 2-8 business days to arrive. Aloha Snax shipped via Expedited Shipping are sent via DHL Expedited or United States Postal Service Priority Mail, it can take between 1-4 days for your package to be delivered to US customers. For residents of Canada, Aloha Snax may take up to 10 business days to arrive once shipped. International shipments outside of Canada may take up to 15 or more business days or more to arrive once shipped. Customers located in the USA can opt in to receive free shipping when subscribing or giving a gift. Customers that choose Expedited shipping or International shipping will be required to pay additional shipping costs. Expedited shipping and International shipping fees are excluded from any promotional offers, even if not stated within the promotional offer itself.

PROMOTIONAL CODES AND DISCOUNTS

  • Promo Codes can only be redeemed online.
    • You must be 18 years or older to redeem a promo code.
    • Void where prohibited by law.
    • Only one (1) promo code may be redeemed per user account/per household/per promotion.
    • Promo codes are redeemable on select merchandise only.
    • Promo codes for subscriptions are valid on the first delivery only.
    • Promo codes cannot be used in combination with other discounts, coupons, promotions, shipping specials or other promo codes.
    • Promo codes must be entered at check out in order to be applied to your order. Promo codes can not be applied after order is submitted.
    • Promo codes cannot be applied to previously placed orders.
    • Promo codes are not valid towards electronic gift cards unless specifically stated in promotional material.
    • Promo codes are not valid towards gift purchases or gift subscriptions unless specifically stated in promotional material.
    • Promotions have no cash value.
    • Even if a code is accepted at check out, all orders are reviewed by the Aloha Snax Customer Support team prior to fulfillment. If orders are deemed in violation of any of these Terms and Conditions, they will be adjusted accordingly.

ACCOUNTS

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, all Content contained on this Website is the property of Aloha Snax and/or its affiliates or licensors and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

LINKS TO OTHER WEBSITES

Our Service may contain links to third party web sites or services that are not owned or controlled by Aloha Snax.

Aloha Snax has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Aloha Snax shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

RISK OF LOSS

All items purchased from AlohaSnax.com are made pursuant to a shipment contract. The risk of loss for such items is passed to you upon our delivery to the carrier. Aloha Snax is not to be held responsible for any lost, stolen, melted, damaged, or destroyed items that may occur during the shipping process.

RETURNS AND EXCHANGES

Snacks are not returnable after purchase.

REFUND POLICY

No refunds will be issued for any reason. ALL SALES ARE FINAL. Credits may be issued towards future Aloha Snax in rare occurrences at our discretion.

UNDELIVERABLE ALOHA SNAXS

Please double check to make sure your address is correct before completing the Aloha Snax checkout process. Any Aloha Snax returned to our facility because of an incorrect address will be subject to the corresponding return fee:

US RESIDENTS

Aloha Snax - $8.00
Ohana Snax - $13.00

REST OF WORLD

Aloha Snax - $10.00
Ohana Snax - $20.00

In the event that your Aloha Snax is returned back to our facility, we will attempt to contact you 3 times via email in an effort to send a replacement. If we are unable to confirm the correct shipping address, your original order will be refunded minus the return fee stated above.

MEMBERSHIP CANCELLATIONS

Subscribers may cancel their membership anytime. To cancel an active subscription, visit the "My Account" page. From there, customers can manage their current order, payment information, active subscriptions, and shipping address.

CANCELLATION FEES

If you would no longer like to receive Aloha Snax and your subscription is currently active, you are solely responsible for cancelling your subscription before it renews.

All sales are final. Refunds are processed on a case by case basis at the sole discretion of Aloha Snax.

LIMITATION OF LIABILITY

Aloha Snax shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Aloha Snax has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNIFICATION AND DEFENSE

As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Aloha Snax and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

USER SUBMITTED CONTENT

We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website.

SMS

If you elect to receive marketing or promotional offer messages, you consent to receive recurring SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. This service is optional and is not a condition of purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us.

In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan 

provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages.

We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.

If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

PRIVACY

Aloha Snax will use any personal data you supply through this site in accordance with its Privacy Policy.

DISCLAIMER OF WARRANTY

We are unable to prove any assurances, promises, or guarantees regarding allergies. Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any content on this Website.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose, non-infringement or course of performance.

Aloha Snax, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

ALLERGIES

Some of our snacks may contain allergens such as but not limited to: peanuts, almonds, cashews, walnuts, various fruits, gluten, lactose, eggs, shellfish, soy, wheat, etc. If you are unsure if a particular snack has an allergen in its ingredients, do not eat it!

NO IMPLIED ENDORSEMENTS

This site may contain links to sites maintained by third parties. Aloha Snax is not responsible for the content of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any party who is associated with those sites.

GOVERNING LAW

Governing law and venue. The website of Aloha Snax is operated and provided in the State of Hawaii. As such, Aloha Snax is subject to the laws of the State of Hawaii and such laws will govern the terms of this use. Aloha Snax makes no representation that its website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the website, products, or services of Aloha Snax, you agree to do so subject to the laws of the State of Hawaii. Any dispute arising out of the terms and provisions of this Use Agreement shall be governed by the laws of the State of Hawaii and any action brought in law or in equity shall be brought only in a court of appropriate jurisdiction in the State of Hawaii, County of Honolulu.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

SEVERABILITY

If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. AlohaSnax.com reserves the right to make changes to these terms and conditions at anytime without notice.