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Terms & Conditions
Agreement to Terms and Conditions of Use of DSI of Hawaii
All of the terms and conditions under which you may use DSI of
Hawaii ("the Site") are stated below. Please read these
terms and conditions carefully. If there is anything you do not
understand, please contact support@dsihi.com.
Acceptance
1. We, DSI of Hawaii, will allow you access to and use of this Site
and our related Service on the following terms.
Authorised Use
2. You are permitted to view and download, at your risk, the content
of this Site for your own personal use. You are responsible for
the confidentiality of your password and you must not disclose it
to others. You will notify us immediately on becoming aware of any
unauthorised use of your password.
Site User Information
3. When you register, you will be required to provide personal information.
You agree to us disclosing this information to our personnel involved
in the Service and the Site. Otherwise, we will not disclose your
personal details without obtaining your consent, except where law
may require such disclosure.
Accurate Information
4. You warrant and represent that the information you have given
us is true and accurate. You must promptly inform us of any change
in circumstances that makes the information false or substantially
inaccurate. YOU AGREE TO DEFEND, INDEMNIFY, KEEP US INDEMNIFIED
AND HOLD US HARMLESS AGAINST ANY CLAIMS OR ACTIONS RESULTING FROM
YOUR BREACH OF THIS WARRANTY.
User's Details
5. You are responsible for the content of any information submitted
by you to the Site or us.
Confidence
6. We shall treat all information supplied to us by you in confidence
and only for the purposes identified in this agreement. These obligations
of confidence shall not apply to information that is in or falls
into the public domain other than by breach of these obligations.
We may take legal action to prevent any threatened or limit any
actual breach of confidence.
Contents
7. The contents of this Site are protected under copyright, trademark
and other laws. The content is owned by or licensed to us. Unauthorised
use of the contents may infringe copyright, trademark and other
laws. Any copies of the material that you make must retain all copyright,
trademark, service mark and other proprietary notices contained
in the original material.
Security
8. You must not modify, contaminate, violate or attempt to violate
the security of the Site. Improper use of this Site may constitute
an offence under the Computer Misuse Act 1990.
9. We reserve the right to bar users and prevent their further access
to the Site.
LIMITATION OF LIABILITY
10. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES
SHALL DSI OF HAWAII BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S
USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES (EVEN IF DSI OF HAWAII HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS
AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR
FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS
AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED
BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH ANY LINKS
PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS
AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS
AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO
THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS,
OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE
OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION
OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY
TO DSI OF HAWAII. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED
BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO
BACK UP, OR ALTERATION OF CONTENT STORED AT DSI OF HAWAII.
UNDER NO CIRCUMSTANCES SHALL DSI OF HAWAII BE HELD LIABLE FOR ANY
DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY
FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT
FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT
FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS,
INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS,
FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE
OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR
AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted.
In such jurisdictions, the foregoing limitation may not apply to
you.
11. We make no warranties as to the availability of the Site or
that it is error-free. The use of the Site is at your own risk.
We disclaim all warranties, whether express or implied, to the fullest
extent allowed by law.
General
12. These Terms and Conditions constitute the entire agreement between
us in respect of your use of the Site. We shall notify you of changes
to these terms and conditions. If you do not wish to accept the
changes you may cancel this agreement immediately. Otherwise, your
continued use of the Site or Service after notice of change shall
be deemed acceptance of the change.
13. If a Court decides that any part of these terms and conditions
cannot be enforced that particular part will not apply but the rest
will.
14. English law shall govern this agreement and the parties hereby
submit to the exclusive jurisdiction of the English Courts.
15. You can contact us through our website, by email on support@dsihi.com . We may contact you by email, telephone
or pre-paid first class post.
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