OluKai Limited – UK Website Terms of Use

Please read these terms and conditions ("Terms") carefully before using this website (the “Website”). These Terms apply to all visits and use of the Website, as well as to the Content (as defined below), information, recommendations and/or services provided to you on or through the Website. By accessing and using the Website, you acknowledge that you have read and agree to these Terms in their entirety. If you do not agree to these Terms you must not use the Website.

1. Who we are/ Ownership of content

1.1 We are OluKai Limited a company registered in England and Wales ("we", "us", "our"). We own and operate the Website. Our registered office is located at Centrum House, 36 Station Road, Egham, Surrey, United Kingdom, TW20 9LF and our company number is (07238253). Our registered VAT number is: 438661862.

1.2 The expressions "you" and "your" refer to each and every individual who accesses or uses the Website.

1.3 If you have any questions about these Terms, or if you have any questions or complaints about the Website, you can contact us at info@olukai.co.uk or live chat with us on our website https://olukai.co.uk/.

1.4 All of the content featured or displayed on the Website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by OluKai, its licensors and/or its third party providers. All elements of the Website including, but not limited to, the general design and the Content, are protected by copyright, moral rights, trademark and other intellectual property rights. Except as explicitly permitted under this or another agreement with OluKai, no portion or element of the Website or its Content may be copied or retransmitted via any means and the Website, its Content and all related rights shall remain the exclusive property of OluKai or its licensors.

2. Copyright

2.1 The copyright in all Content is and remains owned by OluKai. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, use (on any other website or network environment) or sell any Content. You will not remove any copyright, trademark or other proprietary notices from any material or other content on the Website.

2.2 If you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by OluKai.

2.3 OluKai does not transfer title to the Software to you. You own the medium on which the Software is recorded, but OluKai retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

3. Trademarks

3.1 All trademarks, service marks and trade names of OluKai used herein (including but not limited to: the word mark “OluKai”, the OluKai logo, the Makau Bone Hook logo, and the word marks “AnywhereAloha”, “Walk Story”, “Drop-in Heel”, “Fit by Nature, Crafted by Hand”, and “Ali’i Collection”) are trademarks or registered trademarks of OluKai or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify OluKai trademarks in any way, including in any advertising or publicity pertaining to distribution of materials on the Website, without OluKai’s prior written consent. The use of OluKai trademarks on any other website or network computer environment, for example the storage or reproduction of (or a part of) the Website in any external internet site or the creation of links, hypertext, links or deep links between the Website and any other internet site, is prohibited without the express written consent of OluKai.

4. Security and use of password

4.1 You create a username and password to access and use certain parts of our Website. Please do not share this information with anyone. You are solely responsible for protecting the security and confidentiality of your username and password. You must as soon as possible notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Website’s security that you are aware of.

5. Products, content and specifications

5.1 We make reasonable efforts to ensure that information on this Website is complete, accurate and current, however the information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website.

5.2 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

6. Our responsibility for loss or damage suffered by you

6.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us.

6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

7. Termination

7.1 We may suspend or terminate your account or your use of this Website on notice to you. We may also block your access to our Website in the event that (i) you breach these Terms; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, our users or us.

8. Links to third party sites

8.1 For your convenience and to improve the usage of the Website, Our Website links to other websites provided by third parties. These links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of the other websites and therefore you visit/access those websites entirely at your own risk. You should check any terms of use and/or privacy policies available on those websites prior to using them.

9. Misuse of the Website

9.1 You may use our Website for lawful purposes only. You are prohibited from using the Website to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Website to advertise or perform any commercial solicitation.

9.2 You agree that you will not use any robot, spider, scraper or use other automated means to access the Website for any purpose. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our reasonable discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

9.3 In addition to any remedies that we may have at law or in equity, if we determine, in our reasonable discretion, that you have breached or are likely to breach the foregoing prohibitions, we may take such action as we deem necessary to resolve or prevent the breach, including without limitation, the immediate removal of the related materials or content from this Website, immediate, temporary or permanent removal of any contribution uploaded by you to our Website, legal proceedings against you for reimbursement of all costs, on a full compensation basis (including reasonable administrative and legal costs), resulting from the breach and/or further legal action against you. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information about anyone posting such materials.

10. Content generated by you

10.1 From time to time OluKai makes it possible to view and distribute content generated by you, for instance through “Tell a Friend” or e-postings or sending postcards to others persons. If you post comments or reviews to the Website, you also grant us the right to use the name that you submit with any review, comment or other Content, if any, in connection with such review, comment or other Content. OluKai reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms, or otherwise unacceptable to OluKai.

11. How to contact us

11.1 If you have any questions or comments about the Website or any of our services, please contact us by email at: info@olukai.co.uk .

12. Changes to these terms

12.1 We may revise these Terms at any time to reflect changes in or to:

(a) relevant laws or regulatory requirements;

(b) security, technical or operational issues; or

(c) our Website and/or products.

If we have your e-mail address, we may also decide to email you with information on those changes.

12.2 Please check these Terms each time you wish to use our Website for any changes to ensure that you understand the terms that apply at the time of your visit. Your continued use of the Website following the posting of changes to these Terms will mean you accept those changes.

13. Other important terms

13.1 You may only transfer rights or obligations under a contract and these Terms to another person if we agree to this in writing. We however, are free to transfer our obligations under a contract or these Terms to another person, without your consent, as long as it does not affect your rights under them.

13.2 These Terms are between you and us. No other person shall have any rights to enforce them. Neither of us will need to get the agreement of any other person in order to end a contract or make any changes to these Terms.

13.3 If any part of these Terms are held to be invalid, unenforceable or illegal for any reason, the rest will continue in force. Each paragraph of these terms operates separately.

13.4 If we do not insist immediately that you do anything you are required to do under these Terms or if we delay in taking steps against you in respect of your breaking them, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.5 These Terms, their subject matter and its formation, are governed by the law of England and Wales. However, if you are a consumer and resident of any European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country.

13.6 You and we both agree that the courts of your local jurisdiction will have exclusive jurisdiction. This means that if you live in England, you and we submit to the exclusive jurisdiction of the English courts and if you live elsewhere in the UK or EU, you and we submit to the exclusive jurisdiction of the courts in the country in which you live.

Website Terms of Use launched: September 2023

Website Terms of Use last updated: September 2023