Terms of Use
This Website is provided by Foodland as a service to our customers. Please review the following Terms of Use, which govern your use of the Foodland Website. Your use of the Website constitutes your agreement to follow and be bound by the Terms of Use. We reserve the right to update or modify the Website and these Terms of Use at any time without prior notice. For this reason, we encourage you to review the Terms of Use whenever you use the Website. If you do not agree to these terms, please do not use the Website. We will always post within the Terms of Use the date that it was last modified.
Ownership: All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Website belong to Foodland. The names, images, pictures, logos and icons identifying Foodland’s products and services are proprietary marks of Foodland. Except as expressly provided below, nothing contained herein shall be construed as granting to you or to anyone else any license or right, by implication, estoppel or otherwise, under copyright, trademark or other intellectual property rights.
License to Use: You are hereby granted a non-exclusive, non-transferable, limited license to view the Website, and to download and/or print insignificant portions of materials retrieved from the Website, provided that it is used only for informational, non-commercial purposes, and you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of the Website, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Foodland.
Account Information: If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Foodland does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with the permission of a parent or guardian. Foodland reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Hyperlinks: You may create a hypertext link to the homepage of the Website and other public pages of the Website. You may not use, frame or utilize framing techniques to enclose any Foodland trademark, logo, or other proprietary materials, including the images posted on the Website, the content of any text or the design of any page, or form contained on a page without Foodland’s express written consent. Foodland makes no claim or representation regarding, and accepts no responsibility or liability for, the quality, content, nature, or reliability of websites accessible by hyperlink from the Website, or other websites linking to the Foodland Website. Furthermore, these links do not imply endorsement by or affiliation with any third party or any third party website, products or services provided by any third party.
Third Party Websites: Foodland provides links to third party websites for your convenience. Foodland does not assume any responsibility for the content of, technology implemented by, or privacy practices of third party websites and all use of such websites is at your own risk. You should review the privacy policy and terms of use for each third party website and confirm they are acceptable prior to registration on or use of the website. Links to third party websites do not imply endorsement of the sites by Foodland.
Site Transactions: Foodland reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we modify or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Foodland reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.
Availability of Products & Services: The Website may contain references or cross references to Foodland products and services that are not available in your area.
DISCLAIMERS AND LIMITATION OF LIABILITY: USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND FOODLAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOODLAND DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE. YOU AGREE THAT FOODLAND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF FOODLAND (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE WEBSITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE WEBSITE, IF ANY.
Indemnification: You agree to defend, indemnify, and hold Foodland harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of these Terms of Use.
Shopping: Purchases made through the Website are subject to our Return, Shipping, and Purchase Policies, all of which may be reviewed on the Website.
Product & Service Descriptions: Foodland attempts to accurately describe its products and services. However, Foodland does not warrant that product or service descriptions, or other content found on the Website is accurate, complete, reliable, current, or error-free.
Colors Displayed: We attempt to accurately display the colors of our products that appear on the Website. We cannot guarantee that your computer monitor will accurately display the color.
Mistakes Happen: Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, availability, services or other information. Foodland reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
Enforcement: Foodland has the right, but not the obligation, to monitor any activity and content associated with any forums and interactive areas on the Website. Foodland may access at any time and use internally for any lawful purpose any and all information stored in its systems. Foodland may disclose such information to any third party, including law enforcement agencies, to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Website, services and/or content at any time.
Communication: When you visit the Website or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by electronic mail or by posting notices on the Website. Any communication or other information sent to Foodland via electronic mail or otherwise in connection with your use of the Website, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by Foodland for any purpose whatsoever without compensation. Your disclosure of information to Foodland constitutes an assignment of all right, title, and interest in such information to Foodland.
Sharing: Foodland may, now or in the future, allow users to post or otherwise make available on the Website certain user content, including without limitation comments, pictures, sounds, and videos. Foodland does not endorse or warrant, and is not responsible for the user content. Under no circumstances will Foodland be liable for any loss or damage arising out of or in connection with any user content or information or materials obtained through user content, including without limitation personal injury, libel, slander, and emotional distress. Visitors to the Website are responsible for evaluating the accuracy, timeliness, and completeness of all content on the Website including user content. You shall not submit any user content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. You are solely liable for any damages resulting from your failure to comply with the foregoing. By submitting user content, you automatically grant Foodland a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works, from publicly displaying or perform, transmit, publish, and otherwise exploit the user content, in whole or part as Foodland deems appropriate. Foodland has the right, but not the obligation, to monitor user content. We reserve the right to not post, or to remove any user content, but we do not have an obligation to post, remove, maintain, screen or otherwise use any user content. We may discontinue the ability to submit user content in our sole judgment at any time without notice.
Personally Identifiable Information: If you choose to include personally identifiable information in user content that you post or otherwise make available, you do so at your own risk. User content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. Foodland has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it.
Privacy: Foodland considers protecting your personal data to be important, and has developed a Privacy Policy describing Foodland’s personal data collection and use policies and practices. Please refer to our Privacy Policy for detailed information.
Maika`i Member: For the Terms and Conditions related to your Maika`i membership please see the “Maika`i Program Terms and Conditions” found here.
Website Accessibility: Foodland is committed to providing accessibility and usability of its website, www.foodland.com, for all people with disabilities. Currently, Foodland is working toward implementing the applicable elements of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 Level AA (WCAG 2.0 AA) as components of its Web accessibility standards or other standards to the extent required by the Americans with Disabilities Act (“ADA”). Please be aware that our efforts are ongoing. If, at any time, you have specific questions or concerns about the accessibility of any particular Web page on foodland.com, please contact us using our Contact Us form or via the other methods described in “Questions” below. If you do encounter an accessibility issue, please be sure to specify the Web page in your email, so that someone from our customer services team can further assist you.
Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Hawaii as they apply to agreements made and solely performed therein. Disputes arising hereunder or in any way related to the Website shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Hawaii, and jurisdiction therefore shall rest solely in the State of Hawaii.
General: These Terms of Use incorporate by reference any policies and notices contained in the Website and constitute the entire agreement with respect to your access to and use of the Website. If any provision of these Terms of Use is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Questions: If you have any questions, comments, or concerns regarding this Policy, or would like to contact us for any reason, please contact us via mail or telephone at the address and telephone number below, email services@foodland.com or use our Contact Us form.
Our Address:
Foodland Super Market, Limited
3536 Harding Ave.
Honolulu, HI 96816
(808) 732-0791
Modification Date: Terms of Use was last modified as of April 28, 2023.