The following Terms of Use (the “TOU”) form a binding and implied agreement between you and Aloha 2 GO, LLC, and govern your use of services facilitated by our website at www.aloha2godelivery.com. The term “you” refers to the person accessing these services, whereas the term “we” or “our” indicates Aloha 2 GO, LLC. Please read this agreement carefully before using any of our services. By using are services, you subsequently agree to all of the following terms and conditions of use.
We provide advertising and marketing services to local restaurants and we procure ordering and delivery services on your behalf by accepting orders by phone or directly through our website, www.aloha2godelivery.com. We facilitate sales of a participating restaurant’s items directly to consumers such as you, often times for delivery. When an order is procured, we distribute that order through a network of vetted and insured self-employed mobile waiters, who specialize in the service of transporting food and/or beverages on your behalf, for a flat rate in addition to any gratuity that may be provided to them by you.
In addition to facilitating restaurant-to-customer transactions and showcasing the product offerings of partnered restaurants, Aloha 2 GO, LLC also retails its own inventory of beverage products, including the licensed sale of alcohol.
The site is provided by Aloha 2 GO, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Aloha 2 GO, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Aloha 2 GO, LLC shall have no liability for any interruptions in the use of this Website. Aloha 2 GO, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
Due to the nature of our services, once items are purchased, no refunds will be offered. Please order at your own risk and only if your intent is to purchase items to be delivered on your behalf. To ensure honesty and customer satisfaction, any error or complaint may be recorded by Aloha 2 GO, LLC. In certain instances, errors occur resulting in customer dissatisfaction. While we reserve the right to handle each circumstance individually, we generally only issue refunds or partial refunds for the following circumstances: 1) Incorrect items will be refunded in full, 2) Missing items will be refunded in full, 3) Orders arriving late and well beyond a reasonable quoted time may be discounted a portion of their delivery fee if the result was due to driver or company negligence. An order simply being delivered after a requested time does not constitute “unreasonable lateness”.
Refunds will NOT be issued for the following circumstances: 1) Dissatisfaction with food. 2) Temperature of food. 3) Lateness or tardiness as a result of traffic conditions, 4) Delays outside of our control, such as highway or lane closures. 5) Other reasonable and even uncommon delays, 6) Errors on item requests such as “Extra Ketchup,” for example, as it is not reasonable for us to verify these requests without compromising the integrity and cleanliness of your food. Please order at your own risk from each individual vendor.
Aloha 2 GO, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Aloha 2 GO, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Aloha 2 GO, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
All users agree to indemnify and hold Aloha 2 GO, LLC its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other user of the Service using your computer, of any intellectual property or any other right of any person or entity.
Aloha 2 GO, LLC reserves the right to modify or discontinue the Service with or without notice to you. Aloha 2 GO, LLC shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service. You acknowledge and accept that Aloha 2 GO, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the Terms of Use and Privacy Policies of each site, and we are not responsible therein. We encourage you and all users of our Service to review said privacy policies and Terms of Services (or Terms of Uses) of third-party sites.
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While we make every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. We make no warranties or representations whatsoever with regard to any product provided or offered by any Vendor or Restaurant, and you acknowledge that any reliance on representations and warranties provided by any Vendor or Restaurant shall be at your own risk.
Our website is operated and provided in the State of Hawaii. As such, we are subject to the laws of the State of Hawaii, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Hawaii.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Purchase of Alcohol- We retail certain alcohol products in addition to our Vendor offerings. If applicable, you agree to purchase and consume all alcohol in compliance with State & Federal Law. You must provide photo identification., sign a liability waiver, and be minimum 21 years of age. A photo verification of your I.D. may be recorded for reporting purposes.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of Aloha 2 GO, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Aloha 2 GO, LLC is strictly prohibited.
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Aloha 2 GO, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user of our services. You agree that by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy Statement.
