Maui Vacation Equipment - Terms of Service
TERMS OF SERVICE
OVERVIEW
This website is operated by Maui Vacation Equipment. Throughout the site, the terms “we”, “us” and “our” refer to Maui Vacation Equipment. Maui Vacation Equipment offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 RETURNS & CANCELLATION
Client may cancel order prior to arrival of delivery van to delivery location for a full refund if they purchase 'Worry Free Coverage', which is purchased on the product pages. Without 'Worry Free Coverage' the client must cancel up to 48 hours ahead of delivery time for full refund, or within 48 of the delivery time, no refund will be available.
If order is returned on day of delivery, after we have arrived at delivery location, no refund will be available. If order is returned after the following day of delivery, no refund will be given. To cancel on delivery date, please call 808-281-5259.
Once you have made contact with Maui Vacation Equipment, we will send you an email to notify you that we have received notice of your canceled rental item(s). We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
We replace items if they are defective or damaged. If you need to exchange it for the same item, please contact us.
SECTION 2 - DELIVERY AND PICK UP
At the time of reservation, you will specify the name and location of the Maui resort, hotel or vacation rental where the rental item(s) will be delivered and picked up.
You agree that if no contact is made within 24 hours of the agreed delivery date, you accept possession of the rental item(s) and its responsibilities during possession.
Maui Vacation Equipment agrees that all efforts are made to meet the preferred delivery and pick up time slots however this may not always be possible. Maui Vacation Equipment is not liable for any claims against items not been delivered or picked up at the preferred time slot.
During extreme weather events not limited to hurricane, tornado, high winds, torrential rain deliveries may be suspended until deemed safe by Maui Vacation Equipment.
You agree to return all rented equipment to the delivery location listed on their rental reservation unless prior arrangements have been made. Equipment that is unable to be retrieved in a timely manner may result in a charge of additional rental day(s) and/or a $45.00 return trip fee.
SECTION 3 - OPERATION
You are responsible for familiarizing yourself with the proper operation of all equipment before using.
Maui Vacation Equipment requires you to operate the equipment with all reasonable care, attention and due diligence and at all times to fully comply with the terms of this agreement. You shall notify Maui Vacation Equipment immediately of any and all accidents, damage or injury resulting from the use or operation of the rented equipment.
Under NO circumstances shall the equipment be used, or operated by any person either: a) under the age of 18, unless expressly agreed by and in writing from Maui Vacation Equipment; b) in an unsafe manner, or in a manner that may cause injury or harm; c) whilst under the influence of intoxicants or narcotics.
You shall not remove, alter, disfigure or cover up any numbering, lettering, or insignia displayed upon the equipment, and shall see that the equipment is not subjected to careless, unusually or needlessly rough usage.
You will return the equipment in the same condition as when it was received at the end of the rental period.
You agree that any extra cleaning or damage to rented equipment will be charged up to the fair value of the damaged and/or dirty item, determined by Maui Vacation Equipment.
SECTION 4 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Maui Vacation Equipment, our owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, death, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Maui Vacation Equipment being neither the manufacturer, nor a supplier, nor a dealer in the equipment makes no warranties, express or implied, as to any matter whatsoever, including, without limitation the condition of the equipment, its merchantability, its design, its capacity, its performance, its material, its workmanship, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts which provide for specific apparatus or special methods. Maui Vacation Equipment holds no liability whatsoever for loss, damage, or injury to you, or third parties as a result of any defects, latent or otherwise, in the equipment. You rent the equipment ‘AS IS’. Maui Vacation Equipment shall not be liable in any event to you for any loss, delay, or damage of any kind or character resulting from defects in, or inefficiency of equipment rented.
You understand that there exist certain risks of injury from the use or misuse of such items, including the potential risk of serious injury, disability, or death.
You knowingly and freely assumes all such risks, both known and unknown, and assume full responsibility for use of such items.
If you are picking up and/or dropping-off your rented items from the Locker Pickup location: In consideration of you use of the premises of 59 Hookele Street, Kahului, you hereby release, waive, discharge, and covenant not to sue Maui Vacation Equipment LLC, it’s trustees, directors, officers, employees, property owners, property managers and agents from liability from any and all claims including use of the lockers resulting in personal injury, accidents, or illnesses (including death) and property loss arising from use of premises.
SECTION 5 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 6 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.
SECTION 7 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Maui Vacation Equipment, our owners, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 8 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 9 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services.
SECTION 10 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 11 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of P.O. Box 1241 Puunene, HI 96784
SECTION 12 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 13 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
MauiVacationEquipment@gmail.com
Mail: Maui Vacation Equipment P.O. Box 1241 Puunene, HI 96784