Terms & conditions

Clients

Website

1.0 Introduction

Hoalani Group and its affiliates, hereinafter referred to as “Hoalani”, is committed to maintaining trust with the users of our Website at all times. The terms detailed below shall govern the use of this Website effective 30th June 2023.

The term Affiliates refer to the companies under the Hoalani Group. These are CuroGens Company and Eleqtus Company.

2.0 Ownership

· These Terms and Conditions of Use (the “Terms of Use”) apply to the Website which is a property of the Hoalani Group.

· Hoalani reserves the sole right and discretion to change (modify, add or remove) portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use for changes continuously.

N/B: By using this Website, you agree to these Terms of Use. if you do not agree, do not use the Website.

3.0 Your use of the Website

· It is your responsibility to make appropriate and lawful use of the Website as well as its content and services, in accordance with the applicable legislative requirements at all times.

You must refrain from;

· Attempting to gain unauthorized access to any portion or feature of this Website or any other system or network connected to this Website and its services, or any service offered on or through the Website.

· Fraudulently using the Website and/ or its content or services for illicit purposes which are harmful to the rights of the company and its interested third parties.

· Probing, scanning or testing the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

· Tracing, looking-up or seeking information on any other user or visitor of the Website.

· Introducing or spreading malware (viruses, worms, trojan horses, spyware, etc.) or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the Website, its suppliers or interested third parties.

· Deleting, hiding or manipulating information on intellectual or industrial property rights and other data which identifies the rights of Hoalani or third parties incorporated into the content as well as the technical protection devices or information mechanisms that may be inserted into the content.

You must refrain from Transmitting, disseminating, or making available to third parties information, data, content, messages, graphics, drawings, sound, image files, photographs, recordings, software, and any kind of material that;

Is protected by the legislation on intellectual or industrial protection belonging to Hoalani or to third parties without seeking authorization for its intended use.

· Is contrary and violates legal and regulatory requirements as well as the fundamental and public freedom recognized constitutionally .

· Induces, incites or promotes discriminatory thoughts, attitudes, and actions based on sex, race, religion, beliefs, age or health conditions.

· Incorporates, makes available or allows access to content and/ or services that are criminal, violent, offensive, harmful, degrading or contrary to the law.

· Induces, or may induce an unacceptable state of anxiety or fear.

· Induces or incites one to get involved in dangerous, risky or harmful practices for health and mental balance.

· Is contrary to one’s honour, personal values, family, privacy or the image of other people.

· Induces or may induce any type of malware or program that is not previously authorized (expressly and in writing) by Hoalani.

4.0 Accounts, Password and Security

You may be required to open an account (including setting an ID and password) due to certain features or services offered on or through the Website. In such circumstances;

· You are entirely responsible for maintaining in confidentiality, the information that you hold for your account (ID and password) and all activities that occur under your account including activities that occur as a result of your failure to keep this information confidential.

· You must refrain from assigning the use of your account (ID and password) to third parties either temporarily or permanently.

· You will be held liable for any illicit use of the information and services carried out by unauthorised third parties who use your account (ID and password) and the losses incurred through this.

· You must refrain from using anyone else’s account (ID and password) at any time without the express permission of and consent of the account holder.

· You agree to notify the account provider immediately of any unauthorized use of your account (ID and password) or any breach of security.

· As long as you fail to communicate to the provider, the provider will be exempt from any liability that may arise from an incorrect or fraudulent use of accounts and codes.

5.0 Responsibilities and Access

· Hoalani strives to ensure a seamless experience. However, there may be technicalities which could sometimes lead to interruptions beyond its control.

· Hoalani may interrupt the service or immediately resolve its relationship with a user if it detects a use of its Website/ portal or any of its services offered for reasons contrary to the terms stated in the “Terms of Use”

Hoalani shall be exempt from any responsibilities associated with the content and information that may be received as a result of input made in the data collection forms, being the same only for the provision of budget requested services.

· At any time and without notice, Hoalani reserves the right to do the following;

o To modify, withdraw, suspend or terminate operation of or access to the Website totally or partially, or any portion of the Website or services offered, for any reason.

o To modify or change any applicable policies or terms peculiar to the Website or services offered.

o To interrupt the operation of all or a portion of the Website or services offered, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Hoalani shall not be responsible for damages, losses, claims or expenses caused by;

· Interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or for any other cause beyond its control.

· Illegitimate interference through the use of malicious programs or malware of any kind and any other inappropriate use of the Website.

· Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same.

· The misuse of services freely available and consumed by users of the Website.

· All intellectual property rights, including copyright and trademarks, in materials published by or on behalf of Hoalani on the Website (e.g., text and images) are owned by Hoalani or its licensors.

· By using this Website, you acknowledge and agree that all trademarks, trade names, distinctive signs, industrial and intellectual property rights on the content and/ or any other elements inserted in the page, are the exclusive property of Hoalani and/ or third parties who have the exclusive rights to use them in economic traffic.

· Access to the Website does not guarantee any type of waiver, transmission, license, total or partial transfer of said rights unless expressly stated otherwise.

· All reproduction rights, including iconographic and photographic representations are reserved and strictly limited.

· Reproduction of all or part of the content including photographs and illustrations of this Website on any medium is strictly prohibited unless expressly authorized by Hoalani or its licensors.

Reproduction of texts on paper is authorized provided that the following three conditions are met:

o Free distribution

o Integrity of reproduced documents (without modification)

o Clear and legible citation of the source as follows: “This document is an extract from the Website: www.hoalani.com” · For any other use, please contact us at legal@hoalani.com

7.0 Privacy

· Our privacy policy applies to all users of this Website and its terms are included in the Terms of Use as reference. To view the Privacy Policy, Click here.

· By using this Website, you agree that transmissions are never private or secure completely and you acknowledge that any message or information sent to the Website may be read or intercepted by others, even when there is a special notice on encryption of transmissions.

· All received emails and communications between users and Hoalani are detailed and stored by the IT support for as long as they deem necessary to provide a response.

The Website may contain links to other pages outside of Hoalani. These pages whose addresses are monitored regularly by Hoalani are not an inclusive part of the Website. Hoalani therefore has no control over such third-party Websites and accepts no responsibility for them including their content, accuracy and function. You are therefore advised to carefully review the Terms of Use of such third parties as well as keeping yourself informed of any changes made to them.

9.0 Policy Review

Our Terms of Use are annually reviewed to ensure the following:

o Information is accurate and up to date.

o Compliance with applicable directives and regulations.

o Adaptability to business demands

Contact us

· Please feel free to contact us if you have any other questions about the Website at;

Hoalani Group Legal Department

14300 Clay Terrace Blvd.

Carmel, IN 46032 legal@hoalani.com

· Emails sent for these purposes must indicate in the subject the reference “USER” and should bear the following details; First Name, Surname, D.N.I number and contact number.