Customer Terms & Conditions

1                General
1.1            These Customer Terms govern your use of, and access to, our Hawaiian Marketplace.  It is important to read and understand these Customer Terms and all our policies as they provide the rules for accessing and using the Hawaiian Marketplace.
1.2            These Customer Terms incorporate our Hawaiian Marketplace Privacy Policy www.hawaiianmarketplace.com.au/pages/hawaiian-marketplace-policy and our Hawaiian Deliveries Policy and Terms and Conditions www.hawaiianmarketplace.com.au/pages/hawaiian-delivers, as updated from time to time.  Please read these policies carefully.  
1.3            Our other websites are subject to separate terms and conditions, which can be found at www.hawaiian.com.au/privacy-policy.
1.4            These Customer Terms apply to all products and services purchased from the Hawaiian Marketplace. By using and/or accessing the Hawaiian Marketplace, you accept these Customer Terms and agree these Customer Terms will apply whenever you use or access the Hawaiian Marketplace and its services.
2                Access
2.1            To the extent permitted by applicable law, we do not guarantee that the Hawaiian Marketplace will always be available or be uninterrupted.
2.2            We may suspend, withdraw or restrict the availability of all or any part of the Hawaiian Marketplace at any time without prior notice to you for any or no reason.
3                Participating Retailers
3.1            While Hawaiian helps facilitate transactions that are carried out on the Hawaiian Marketplace, Hawaiian is neither the buyer nor the seller of Participating Retailers’ products and services.  Hawaiian merely provides a platform for Participating Retailers to offer and sell their products and services. Therefore, Hawaiian is not a party to any sales transaction between yourself and the Participating Retailers.
3.2            Participating Retailers’ listings are merely hosted on www.hawaiianmarketplace.com.au and are posted solely at the direction of Participating Retailers.  Any supply of products on the Hawaiian Marketplace is made directly by Participating Retailers to you.  Accordingly, no contract, arrangement or understanding is formed between Hawaiian and you in connection with such supply.  You acknowledge that a Participating Retailer is responsible for the sale of their products on the Hawaiian Marketplace and for dealing with any issues arising out of or in connection with such sales.  Hawaiian has no responsibility for such products.
3.3            The Hawaiian Marketplace accepts product information from Participating Retailers in good faith.  Listings on the Hawaiian Marketplace for products and services are prepared by Participating Retailers.  We have no control over and take no responsibility for the quality, safety or legality of items advertised on the Hawaiian Marketplace, or the truth or accuracy of Participating Retailers’ content or listings.  Content and information on the Hawaiian Marketplace relating to products and services offered for sale by Participating Retailers do not imply Hawaiian’s endorsement or liability in respect of such content and information.
4                Products and services
4.1            The Hawaiian Marketplace transacts only within Australia.  Products and services advertised by Participating Retailers on the Hawaiian Marketplace may vary from time to time.  Before purchasing from a Participating Retailer, you should carefully review any separate terms and conditions that may apply to potential transactions with the Participating Retailer. These can be obtained by directly contacting the Participating Retailer. These details can be found by visiting www.hawaiianmarketplace.com.au/pages/terms-conditions.
4.2            Some products sold by Participating Retailers may be products which, under law, may not be freely sold to all consumers, e.g. [alcohol, knives or certain videos or dvds], or may only be sold to consumers on certain terms and conditions (Restricted Products). Those products are subject to the terms and conditions of the Participating Retailer selling those products. Hawaiian Marketplace will not list products of this nature or that are considered to be a Restricted Product.
5                Your obligations
5.1            You must only use the Hawaiian Marketplace for lawful purposes.  You will not use the Hawaiian Marketplace (including any of our social media sites) for any activities, or post or transmit to or via the Hawaiian Marketplace any information or materials, which:
(1)             breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes or our policies (as updated from time to time);
(2)             interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Hawaiian Marketplace;
(3)             is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
(4)             commits or encourages a criminal offence, transmits or distributes a virus, trojan, worm or post any other material which is malicious and technologically harmful; or
(5)             hacks or disables any part of the Hawaiian Marketplace to corrupt data, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of the Hawaiian Marketplace.
5.2            We will not be liable for any loss or damage caused by any viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Hawaiian Marketplace or to your downloading, or copying, of any material posted on it, or on any site linked to it.
6                Delivery
6.1            While a customer may choose to use the Hawaiian Marketplace’s free community delivery service, “Hawaiian Delivers”, Hawaiian does not take ownership of the items at any time of the transaction between yourself and the Participating Retailer.
6.2            All deliveries are subject to the Hawaiian Marketplace’s Delivery Policy and Terms & Conditions www.hawaiianmarketplace.com.au/pages/hawaiian-delivers.
7                Refunds
7.1            Refunds for any products or services purchased through the Hawaiian Marketplace cannot be provided through the Hawaiian Marketplace.  If you wish to discuss or organise a return, exchange or refund of any item, please contact the Participating Retailer directly. Hawaiian staff; located within Hawaiian Centres can assist with providing Participating Retailer contact details if required.
8                Prices and tax
8.1            All prices displayed on the Hawaiian Marketplace are in Australian dollars ($). All prices displayed include GST unless the product / participating retailers are GST exempt.
8.2            Buyers and sellers are responsible for any goods and services tax (GST), sales tax, or other taxes that apply to items bought on the Hawaiian Marketplace. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office, your local tax or customs authority, or seek independent tax advice.
8.3            As a buyer, you acknowledge and agree that tax may apply on top of the Participating Retailer's item price and that you will have the opportunity to review this before finalising your order.
9                Security and privacy
9.1            While we take appropriate technical and organisational measures to safeguard any personal information that you provide to us, no transmission over the internet can ever be guaranteed secure. Consequently, we cannot guarantee the security of any personal information that you transfer over the Internet to us or our payment gateways.
9.2            We view the protection of your privacy as very important. Please see our Privacy Policy www.hawaiian.com.au/privacy-policy, which governs our collection and handling of your personal information.
9.3            In addition, we do not provide your personal information to third parties for their marketing purposes without your explicit consent.
10             Intellectual property and content
10.1         The Hawaiian Marketplace and its content are subject to copyright and other intellectual property rights.  These rights are owned by us, or in the case of some material, a third party licensor.
10.2         You must not in any form or by any means:
(1)             copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Hawaiian Marketplace;
(2)             perform in public or transmit in any form by any process any of the information or material on the Hawaiian Marketplace without our specific prior written consent;
(3)             alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Hawaiian Marketplace which can be accessed through the Hawaiian Marketplace; or
(4)             use or apply, for commercial purposes any material or information on the Hawaiian Marketplace, without our prior written consent.
10.3         All trademarks, brands and names appearing on the Hawaiian Marketplace are the property of their respective owners. Nothing contained on the Hawaiian Marketplace is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.
10.4         Many of the products and services offered for sale or advertised and much of the information provided via the Hawaiian Marketplace are the products, services and information of third parties, including Participating Retailers.  These third-party products, services and information are not provided by us.
11             Third-party links
11.1         The Hawaiian Marketplace may contain links to third-party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites at your own risk.
12             Disclaimers
12.1         We make no representations or warranties of any kind, express or implied as to the operation of the Hawaiian Marketplace or the information, content, materials or products included on the Hawaiian Marketplace, except as otherwise provided under applicable laws.
12.2         To the extent permitted by applicable law, we:
(1)             give no warranty in relation to any products and services offered for sale by Participating Retailers on the Hawaiian Marketplace; and
(2)             are not liable for any costs, damages or other loss in connection with the advertising or purchase of products or services from a Participating Retailer or your use of the Hawaiian Marketplace.
13             Liability and indemnity
13.1         We are not liable for any loss or damages arising out of or in relation to, the use of the Hawaiian Marketplace or sites linked to the Hawaiian Marketplace, including any loss of money or profit, data or information, goodwill or reputation, damages for business interruption, or any indirect or consequential loss or damages arising, directly or indirectly, out of your use of, or your inability to use, the Hawaiian Marketplace services.
13.2         You indemnify us against any liability, claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Customer Terms, or your infringement of any law or the rights of a third party in the course of, or in connection with, your use of, and access to, the Hawaiian Marketplace.
13.3         You assume all risk of access to or use of all features of the Hawaiian Marketplace.  To the extent permitted by applicable law, you release us of all responsibility for any consequences of such access and use.
14             Updates
14.1         Hawaiian reserves the right in its sole discretion at any time and without notice to amend, remove or vary these Customer Terms or any page of the Hawaiian Marketplace. Each time you use or access the Hawaiian Marketplace, you should be aware of our current Customer Terms. It is your responsibility to regularly check these Customer Terms for any variations.
15             Termination
15.1         At any time, we may, in our sole discretion, suspend or terminate your access to the Hawaiian Marketplace without notice for any reason, which may include a breach of these Customer Terms.
15.2         Suspension or termination will not affect either party’s rights or liabilities under these Customer Terms.
16             Governing law
16.1         These Customer Terms are governed by the law of Western Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Western Australia and the Commonwealth of Australia.
17             Feedback and complaints
17.1         You can contact with questions or comments about the Hawaiian Marketplace using the following details:
Phone: (08) 9426 8888, Monday - Friday 9:00AM - 5:00PM
17.2         Complaints about a Participating Retailer and its products or services must be directed to the Participating Retailer concerned, for resolution directly with them.  Hawaiian has no obligation to help resolve disputes with Participating Retailers.
18             Additional terms
18.1         These Customer Terms and any document expressly referred to in these Customer Terms represent the entire agreement between you and Hawaiian and supersede any prior agreement, understanding or arrangement between you and Hawaiian, whether oral or in writing.
19             Definitions
19.1         The following definitions apply to these Customer Terms:
Customer Terms means these Customer Terms and Conditions, which govern your access to and use of the Hawaiian Marketplace.
Delivery Policy means our Delivery Policy and Terms & Conditions, found at www.hawaiianmarketplace.com.au/pages/hawaiian-delivers.
Hawaiian Marketplace means our Hawaiian Marketplace site at www.hawaiianmarketplace.com.au.
Participating Retailer means an independent retailer participating in the Hawaiian Marketplace.
Privacy Policy means our Privacy Policy, found at www.hawaiianmarketplace.com.au/pages/hawaiian-marketplace-policy
We, us, our or Hawaiian means Hawaiian Pty Ltd (ABN 56 062 193 426) and any related bodies corporate.
Current as of 11 August 2020.
© Hawaiian Pty Ltd (ABN 56 062 193 426)