TERMS & CONDITIONS
By using or accessing this website, which is owned and operated by The Tiki Box, you acknowledge that you have read, understood, and agree to the following Terms of Service. If, at any time, you do not agree to these Terms, please do not use this Site.
As a condition of your use of this Site, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement.
USE OF THE WEBSITE:
We reserve the right to change any information, features and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. You will be solely responsible for all access to and use of the site by anyone using the password and identification originally assigned to you whether or not such access to and use of the site is actually authorized by you. This includes all communications and transmissions (including financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify The Tiki Box of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
REGISTRATION AND MEMBERSHIP:
Monthly boxes are shipped to your address at the price listed.
You may receive emails regarding your account status or shipment notifications.
You can cancel your membership anytime without charge by logging into your account and canceling; AND e-mailing us at firstname.lastname@example.org or sending a message through the Contact Form with the subject line “CANCEL”. Please refer to the FAQ’s for further details.
If cancellation is submitted after a payment has already been processed, you will still receive the box you have already paid for. You will never incur any additional charges after cancellation. You understand that you are joining a subscription service, which means you will be automatically billed each month and will receive a box each month delivered to your mailing address specified by you in your account information. If you are uncertain about an auto-renewing service, please do not sign up.
BILLING AND PAYMENTS:
As a Member, you agree to the following benefits and Terms:
You must provide us and keep us up-to-date with accurate contact and payment information, including name, shipping address, and credit or debit card number. If your payment is declined, your membership may be suspended and you will not receive a box for the month(s) in question.
All 6 month and 1 year gift options are prepaid and non-refundable for any reason, and will be sent to the recipient until the term is finished. 1 month subscription boxes are non-refundable for customers who are simply dissatisfied with the contents of the box. Exceptions are determined by The Tiki Box. (All shipments are non-refundable once it is processed.)
RISK OF LOSS:
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
You understand that you are liable for submitting the correct shipping address. The Tiki Box is not liable for undeliverable packages due to errors on the address. A tracking number is provided for every shipment to minimize any risk of lost packages. There is a $3 Re-shipping Fee applied to any boxes that are returned due to incorrect addresses and/or unscheduled moves.
All trademarks, service marks, and trade names of The Tiki Box on the Site are trademarks or registered trademarks of The Tiki Box, or of their respective owners.
User Generated Content
By sharing, submitting and uploading any of your data to the website, including its Facebook page, Twitter account, and/or Instagram account, such as photographs, images, video, music, art, or comments, you grant The Tiki Box a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of The Tiki Box. You acknowledge and agree that you are solely responsible for all the user data that you make available through The Tiki Box. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant The Tiki Box the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or The Tiki Box use of your uploaded data (or any portion thereof) on, through or by the means of The Tiki Box will infringe, misappropriate or violate a third party patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE TIKI BOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE TIKI BOX DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE TIKI BOX DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, The Tiki Box shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Tiki Box shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Tiki Box shall immediately issue a credit to your credit card account in the amount of the charge.
The Tiki Box has no liability on injury or damage caused by products within the box. Please consume the goods at your own risk. (The Tiki Box will to the best of our ability provide a list of ingredients.)
These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by The Tiki Box without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.
You agree to indemnify, defend, and hold harmless The Tiki Box, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Your use of the Site is governed in all respects by the laws of the state of Hawaii, USA, without regard to choice of law provisions, except to the extent that federal law applies. These Terms evidences a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms or your use of the Site and The Tiki Box’s services must be asserted individually in binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to, any claim that all or any part of these Terms is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Oahu County, Hawaii, if the claim and the parties are within the jurisdiction of the small claims court. By agreeing to these Terms, you hereby irrevocably waive any right you may have to a court trial (other than small claims court) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties. You acknowledge that this means that you may not have access to a court or jury.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
These Terms constitute the entire agreement between you and The Tiki Box with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. The Tiki Box may assign its rights and duties under this Agreement to any party at any time without notice to you.
By continuing your membership, you accept and agree to these Terms and any changes made by us to it once we notify you of these changes. If you do not wish to be bound by this Agreement or any changes thereto, please see above for how to cancel your membership. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.