Terms and Conditions.
Welcome to the ROW Kaka’ako and our website at www.therowkakaako.com.
These Terms apply between you, the User of our website and the ROW Kaka’ako of 500 Ala Moana Blvd Ste. 1G, Honolulu, HI 96813(“the ROW Kaka’ako”, “we”, “us” or “our”) the operator(s) of this website.
Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of our website. If you do not agree to be bound by these Terms, you should stop using our website immediately.
1. Information provided on our website
1.1. The information contained and accessed on our website is provided by the ROW Kaka’ako for general guidance and is intended to offer the user general information, who accepts full responsibility for its use.
1.2. The information provided is not intended to replace or serve as substitute for any professional advice or service.
1.3. the ROW Kaka’ako does not accept any liability or guarantee for the topicality, correctness and completeness of the information provided on our website.
1.4. the ROW Kaka’ako reserves the right to change, supplement or delete parts of the website or the entire website without separate announcement or to discontinue the publication temporarily or permanently.
1.5. All data is published conscientiously but without guarantee. Errors in the content will be corrected immediately upon being brought to our attention. All rights, including those of reprinting extracts, photomechanical reproduction, and translation, are reserved and require the written consent of the ROW Kaka’ako. Unauthorized use, even of extracts, will be prosecuted.
1.6. Liability claims against the ROW Kaka’ako, which refer to material or non-material damages, which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, provided that there is no demonstrable intentional or grossly negligent fault on the part of the ROW Kaka’ako.
2. Privacy
2.1. For the purposes of applicable data protection legislation, the ROW Kaka’ako will process any personal data you have provided to us in accordance with our Privacy Policy.
2.2. You agree that, if you have provided the ROW Kaka’ako with personal data relating to a third party:
2.2.1. You have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to the ROW Kaka’ako; and
2.2.2. That you have brought to the attention of any such third party our Privacy Policy.
2.3. You agree to indemnify the ROW Kaka’ako in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
3. Acceptable Use
3.1. You agree not to use our website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use our website or Services in any way that could damage our website, Services, or general business of the ROW Kaka’ako.
3.2. You further agree not to use our website or Services:
3.2.1. To harass, abuse, or threaten others or otherwise violate any person's legal rights.
3.2.2. To violate any of our intellectual property rights or any third party.
3.2.3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
3.2.4. To perpetrate any fraud.
3.2.5. To publish or distribute any obscene or defamatory material.
3.2.6. To publish or distribute any material that incites violence, hate, or discrimination towards any group.
3.2.7. To unlawfully gather information about others.
4. Reservation Conditions
4.1. Tables are available such time communicated to you in your booking confirmation, after which they will be re-booked for another customer. Please contact us if you would like to stay at your table for longer than two hours and, if we have space available, we will do our best to accommodate you.
4.2. We respectfully ask that you are ready to be seated at the time of your reservation to ensure the best possible level of service to all of our guests. If you are running late, we kindly ask that you notify us by telephone at your earliest convenience. Your table will be held for 15 minutes after which time it may be allocated to another customer.
4.3. Due to the large number of requests, unfortunately we cannot guarantee tables or specific areas when taking reservations, but we will do our best to accommodate your requests. Your understanding is appreciated.
5. Food Safety and Allergens
5.1. We cater for most dietary requirements and have strict policies in place for customers with food allergies.
5.2. Please let us know of any allergies before you place your order at the restaurant and check our menu before choosing your dish. This will ensure that we are able to follow our food allergy policy and take all reasonable precautions to avoid cross-contamination.
5.3. We are happy to respond to any specific requests for further information regarding allergens in our kitchen prior to your visit. All of our managers, wait staff, chefs and kitchen staff are fully trained on our allergen policy and any questions can be answered prior to orders being taken.
6. WiFi
6.1. By accessing our WiFi, you agree that you are of legal age, and have read, understood, and accept our terms and conditions.
6.2. The WiFi is provided at our discretion, for guests to use while visiting our venue.
6.3. We are unable to guarantee the WiFi service, or particular WiFi speeds. Guest access to the network may be blocked, suspended, or terminated at any time, for any reason.
6.4. Guests using the WiFi agree that they are fully responsible for their use. Guests agree not to use the WiFi network for any unlawful, immoral, or otherwise prohibited purpose.
6.5. We are not responsible for any content accessed by the user through the WiFi, and cannot be held liable for any damage, undesired resources, or detrimental effects arising from, or connected to, usage of our WiFi.
7. Disclaimers
7.1. the ROW Kaka’ako makes no warranty or representation that our website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our website.
7.2. The website is provided “as is” and on an “as available” basis. We give no warranty that the website will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
7.3. the ROW Kaka’ako accepts no liability for any disruption or non-availability of our website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
8. Intellectual Property
8.1. All Content included on our website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the ROW Kaka’ako, our affiliates or other relevant third parties. By continuing to use our website you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
8.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from our website unless otherwise indicated on our website or unless given express written permission to do so by the ROW Kaka’ako.
9. Termination
We may, in our sole discretion, suspend, restrict or terminate your use of our website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of our website or our or any third party's equipment or network is impaired by your use of our website; we have received a third party complaint which relates to your use or misuse of our website; or you have been or are in breach of any term or condition of these Terms. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise, or information, of any suspension, restriction, or termination of your access to our website.
10. Limitation of Liability
10.1. To the maximum extent permitted by law, the ROW Kaka’ako accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of our website, or any information contained therein. Users should be aware that they use our website and its Content at their own risk.
10.2. Nothing in these Terms excludes or restricts the ROW Kaka’ako’s liability for death or personal injury resulting from any negligence or fraud on the part of the ROW Kaka’ako.
11. Other important Terms
11.1. In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
11.2. You agree that no joint venture, partnership, fiduciary, employment, or agency relationship exists between us and you as a result of these Terms or use of our website.
11.3. In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
11.4. All notices / communications shall be given to us by e-mail using info@therowkakaako.com. Such notice will be deemed received, the day of sending if the contact request is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
11.5. Every effort has been made to ensure that these Terms adhere strictly with the relevant provisions of the Uniform Commercial Code (UCC). However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining terms and conditions.
11.6. These Terms and the relationship between you and the ROW Kaka’ako shall be governed by and construed in accordance with the Law of the State of Hawaii and the ROW Kaka’ako and you agree to submit to the exclusive jurisdiction of the Courts of Honolulu.