Terms of service

Last Updated (20th January 2025)

Any new features or tools added to the Site will also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes to our site. It is your duty to check this page regularly for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

OVERVIEW
DEFINITIONS
ABILITY TO ACCEPT
TOTAL AGREEMENT
APPLICABLE LAW
MODIFICATION TO SERVICES
USE OF THE SERVICE
USER LIMITATIONS
INTELLECTUAL PROPERTY
COPYRIGHT INFRINGEMENT
ACCOUNT TERMINATION
STORAGE AND SECURITY
PRIVACY POLICY
TECHNICAL REQUIREMENTS
ADVERTISEMENTS
THIRD PARTY LINKS
PAYMENT TERMS
CONDITIONS OF SALE
TAXES
DISCOUNT POLICY
REWARDS PROGRAM: HONU POINTS
ONE-TIME & PRE-ORDER PURCHASES
SUBSCRIPTION PLAN
BUYER TERMS
FRAUDULENT ACTIONS BY USERS
AFFILIATE COLLABORATIONS
CLASS ACTION/JURY TRIAL WAIVER
LIMITATION OF LIABILITY
DISCLAIMER
ISSUE OF COMPLAINTS
INDEMNITY
AVAILABILITY, ERRORS AND INACCURACIES
OUR CONSENT
SEVERABILITY
WAIVER
FIXATION
ASSIGNMENT AND DELEGATION
SURVEILLANCE

1. OVERVIEW

These Terms of Use establish the rules that you, as a user, must agree to abide by in order to access and use our Site and Services. The site www.alohabefree.com and all related domains (collectively referred to as the "Site" or "Service") are operated by Aloha (the "Brand"), a subsidiary entity of Crisol Amatista S.A. de C.V. (the "Parent Company" or "Holding Company"), located at Cda. de Tamaulipas No. 15, Col. México Nuevo, Atizapán de Zaragoza, Edo. de México, CP 52966. These Terms of Use outline how you may engage with our programs, products, services, and their content. Please read them carefully.

Throughout the Site, the terms "we," "us," and "our" refer to the Brand (Aloha), while "you" and "your" refer to you as a user of the Service. The Brand offers this Site—including all information, tools, and services available on it—to you, the user, subject to your acceptance of all terms, conditions, policies, and notices stated here. By accessing or using the Service provided on the Site, you agree to be bound by these Terms and accept all legal results. If you do not agree to these Terms of Use, in whole or in part, please refrain from using the Service. Kindly read these terms of use thoroughly before using our site.

In the event of a violation, bankruptcy, or behavior inconsistent with any part of this Agreement, we reserve the right to terminate, suspend, and/or limit your account or profile, as well as your ability to access, visit, and/or use the Service or any part thereof, with or without notice. This includes, but is not limited to, termination of any of our obligations under this Agreement. Additionally, we may restrict, limit, or refuse to provide you with any future access to the Services or any other products or services we offer. In exercising these rights, we may also implement technical, legal, or other actions that we deem necessary and appropriate, with or without prior notice, to prevent violations, enforce this Agreement, and remedy any breach.

In the event of any conflict or inconsistency between the terms of this User Agreement and other applicable terms or conditions related to the Service, we will determine which terms, conditions, or restrictions shall prevail at our sole discretion. You agree that our determination in such matters is final and that you have no right to challenge or dispute this decision.

2. DEFINITIONS

For the purposes of these Terms of Use:

"Brand" (referred to as "The Brand," "we," "us," or "our" in this Agreement) refers to Aloha and is a subsidiary entity of the parent company.
"Company" (referred to as "Parent Company" or "Holding Company" in this Agreement) means Crisol Amatista S.A. de C.V., located at Cda. de Tamaulipas No. 15, Col. México Nuevo, Atizapán de Zaragoza, Edo. de México, CP 52966.
"Site" means Aloha | Be Free, accessible from www.alohabefree.com and all related domains.
"Terms of Use" (also referred to as "Terms") means these terms and conditions that form the entire agreement between you and the Company (and its subsidiary Brand) regarding the use of the Site.
"You" means the individual accessing or using the Site, or the company or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.

3. ABILITY TO ACCEPT

You represent and warrant that you are of legal age and have the capacity to enter into this Agreement in your jurisdiction. If you are accessing or using the Site on behalf of a company or other legal entity, you further represent and warrant that you are authorized to enter into this Agreement on behalf of such entity.

4. TOTAL AGREEMENT

This Agreement, together with our Privacy Policy , constitutes the entire agreement between you and the Company regarding the Service. It supersedes all prior or contemporaneous written or oral agreements, representations, or understandings related to the Service.

5. APPLICABLE LAW

These Terms shall be governed by, interpreted, and enforced in accordance with the laws of Mexico, as the primary jurisdiction, and the applicable laws of other jurisdictions where we operate, to the extent they do not conflict with the primary governing laws.
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between us regarding the Service and supersede any prior agreements, oral or otherwise, related to the Service.

For international users, your use of the Site and Services may also be subject to local laws in your country or region, and it is your responsibility to ensure compliance with such laws while using the Site.

6. MODIFICATION TO SERVICES

We reserve the right to modify these Terms of Use at any time and without prior notice by posting the amended Terms of Use, which can always be accessed through the Terms of Use link on the home page of this Site. Your continued use of the Site after the posting of modified or new Terms of Use constitutes your acceptance of the changes.

Additionally, you agree that we shall not be liable to you or any third party for any modification, suspension, interruption, or termination of the Services.

7. USE OF THE SERVICE

We grant you a personal, non-exclusive, non-transferable license to access and use the Site. You are permitted to download material from the Site for personal, non-commercial use only. However, you may not copy, duplicate, retransmit, share, post, commercially exploit, or transfer any material from the Site without prior written consent. It is your sole responsibility to determine whether your use of any information, software, or other content available on the Site is lawful and permissible.

8. USER LIMITATIONS

By using any portion or functionality of the Site or Services, you agree to abide by the following code of conduct and refrain from engaging in any prohibited actions:

Code of Conduct

You will not engage in any activity that violates applicable laws, regulations, or these Terms of Use.
You will not use the Site or Services to harm, threaten, or harass others, or engage in any form of abusive behavior.
You will not misrepresent your identity, affiliation, or intentions while using the Site or Services.
You will not engage in actions that infringe the privacy rights of others, including, but not limited to, gathering or disseminating personal data about internet users without their consent, except as authorized by applicable law.

Prohibited Actions

You may not copy, modify, or create derivative works from, or attempt to discover the source code of the Site or Services.
You may not remove or obscure any copyright notices or other communications associated with content accessible through the Site or Services.
You may not interfere with or disrupt the resources, services, servers, or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks directly or indirectly connected to the Site.
You may not alter the Site or Services in any way, or use altered versions of the Site, including (without limitation) to gain unauthorized access to the Site or Services.
You may not reproduce, print, store, or distribute content retrieved from the Site or Services for any commercial use without Aloha's prior written permission.
You may not sell, assign, license, or transfer any rights to the Services or content accessible through the Site.
You may not access the Site or Services by any means other than through the interface provided by us.
You may not violate any restrictions in robot exclusion headers on the Site or Services, if applicable, or circumvent measures used to prevent or restrict access to the Site or Services.
You may not submit automated queries of any kind to the Site, including, but not limited to:
- Using software to determine how the Site or a "page" ranks for multiple queries.
- "Meta-searching" or searching "offline" on the Site.
  - You may not use the Site or Services to upload or transmit harmful content, such as viruses, malware, or other malicious code.
  - You may not use the Site or Services to violate any law (local, state, national, or international), intentionally or unintentionally.

Failure to comply with these limitations and prohibitions may result in the suspension or termination of your account or access to the Site and Services, at our sole discretion.

9. INTELLECTUAL PROPERTY

The Services and all related rights are, and shall remain, the sole property of the Brand and its parent company. These Terms of Use and your use of the Services do not grant you any rights to the Services, except for the limited license granted in Section 4. You are not permitted to use, reference, or reproduce the names, logos, products, services, trademarks, or any other intellectual property associated with the Brand or its parent company without prior written consent.

All content appearing on the Site is owned by the Brand and/or its partners and is protected by international copyright laws. Certain names, graphics, and logos are trademarks, service marks, or trade dress (collectively referred to as "Trademarks") of Aloha. These Trademarks may not be used for any purpose unless explicitly authorized under the Brand's trademark usage policy.

If you print, copy, modify, download, or otherwise use or provide others with access to any part of the Site in violation of these Terms of Use, your right to use the Site will immediately terminate. At our discretion, you must return or destroy any copies of materials you have made.

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted in these Terms of Use. Any unauthorized use of the Site or its content is a violation of these Terms of Use and may infringe upon copyright, trademark, and other applicable laws.

10. COPYRIGHT INFRINGEMENT

If you believe that any content uploaded to or through the Site infringes a copyright you own or control, or any related proprietary right, you may submit a notice of copyright infringement to legal@alohabefree.com. Aloha will investigate alleged violations and, if applicable, will remove or disable access to content that infringes the rights of third parties.

To ensure that we can review your complaint efficiently, your copyright infringement notice must include the following information:

A physical or electronic signature of the owner of the exclusive right that is allegedly infringed, or their authorized representative.
Identification of the copyrighted material claimed to have been infringed, or a representative list of such copyrighted content available on the Site.
Identification of the material that is claimed to be infringing or the subject of infringing activity, along with information reasonably sufficient to allow us to locate the material.
A statement by the complaining party that they have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information provided in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Your notification will be reviewed upon receipt. If sufficient proof of infringement is provided, we will take appropriate action, including removing or disabling access to the reported material. In cases where the allegedly infringing material is deemed permissible under applicable copyright laws, we may notify you and allow the material to remain available. All actions taken will comply with the relevant copyright laws.

Please note that submitting a false claim of copyright infringement may expose you to liability for damages. If you are uncertain whether the material located on or linked to the Site infringes your copyright, we recommend consulting with an attorney before filing a notice.

11. ACCOUNT TERMINATION

We reserve the right, at our sole discretion, to discontinue or close the Site and Services, and to terminate these Terms at any time without prior notice. In the event of a violation of any of these Terms, we may suspend or deactivate your account, revoke access to the Site and Services, or terminate these Terms without notice and at our sole discretion. We also reserve the right to revoke access to and use of the Site, Services, and Collective Content at any time, with or without cause.

For you: You may stop using the Services at any time by providing reasonable written notice. This allows us to implement our standard security and data management policies. Before terminating your account, you are responsible for backing up, saving, downloading, or deleting your content and personal information. Upon termination, we reserve the right to delete any remaining content or personal information stored on our servers.

12. STORAGE AND SECURITY

You are solely responsible for storing and backing up your data for your own purposes. Additionally, you are responsible for ensuring the security and encryption of any confidential or private content or data you upload, store, or use in connection with the Site or Services.

13. PRIVACY POLICY

We prioritize the privacy and security of your information. Please review our Privacy Policy, which outlines how your information is collected, used, and protected. By using the Site, you agree to be bound by our Privacy Policy, which is hereby incorporated into these Terms.

14. TECHNICAL REQUIREMENTS

The use of the Services requires access to the internet via a PC, mobile phone, or other compatible device. You are responsible for any charges from your mobile carrier resulting from your use of the Services, including but not limited to charges for data usage or notifications provided by the Services.
We do not guarantee that the Services will be compatible with all devices or mobile carriers. It is your responsibility to ensure that your device and carrier support the required technical specifications for using the Services.

15. ADVERTISEMENTS

Aloha and its licensors reserve the right to publicly display advertisements and other information adjacent to or included within the content provided on the Site or Services. You are not entitled to any compensation for such advertisements or postings, and the method, placement, and extent of such advertisements are subject to change at any time without prior notice.

16. THIRD PARTY LINKS

The Site may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability, functionality, or content of such external sites or resources. We do not endorse, and are not responsible, directly or indirectly, for the privacy practices, content (including unrepresentative or defamatory material), advertisements, products, or other materials or services available from such sites or resources.
We are also not liable for any damages, losses, or torts caused or alleged to be caused by or in connection with the use of or reliance on such content, goods, or services available on external sites or resources. Use of these links is entirely at your own risk, and it is your responsibility to verify and comply with the terms and conditions of any linked sites you visit.
We strongly recommend that you thoroughly review the privacy policies or statements of any external websites you visit, as those policies will govern your use of those sites and may differ significantly from our Privacy Policy.

17. PAYMENT TERMS

We reserve the right to change prices at any time at our sole discretion. Any such changes or modifications will be posted on the Site and will become effective immediately without requiring prior notice to any customer or user. We are committed to providing secure online payment services, and all transactions are encrypted with the appropriate encryption technology to protect your information.

If you wish to purchase products or services available through the Site ("Purchase"), you may be required to provide specific information relevant to your transaction, including, but not limited to, your credit card number, the expiration date of your credit card, your email address, and other billing details. You represent and warrant that:

(i) You have the legal right to use any credit card or other payment method in connection with your Purchase.
(ii) The information you provide to us is accurate, valid, and complete

By submitting such information, you authorize us to share it with third parties as necessary to facilitate the completion of your Purchase.

We reserve the right to deny or cancel any order at our discretion, including, but not limited to, reasons such as:

Product or service availability,
Inaccuracies in the product or service description or quantity,
Errors in your order details, or
Suspected fraud or illegal activity.

In cases where an order is denied or revoked, you will be notified accordingly.
All payments are due upon receipt. If payment is not received or if the payment method is declined, the customer will lose access to the services.

18. CONDITIONS OF SALE

Before placing an order on our Site, you must review and expressly agree to our Terms of Use and Terms of Sale. By placing an order, you acknowledge your acceptance of these terms.
No contract will be formed between you and Aloha until your order is accepted. Once your order is confirmed, you are bound by our Terms of Sale.
The following steps outline the process required to establish a contract of sale between you and us:

Access our Site.
Add your desired product(s) to the cart and proceed to payment.
Select your preferred delivery method and confirm your order.

You will then be redirected to our payment service provider’s platform to securely process and manage your payment. Once your payment is processed, we will send you an acknowledgment of receipt. After confirming that we can fulfill your order, we will send you an order confirmation. At this point, a binding contract of sale will be established.

19. TAXES

All prices listed on the Site are net and do not include:

(a) Fees or commissions imposed by payment processors, your bank, or card issuer (including currency exchange fees).
(b) Taxes, duties, or other charges established by tax authorities or other state entities.

You, as the user, are solely responsible for paying any applicable fees, commissions, taxes, duties, or other charges related to your use of the Services and the payments you make under these Terms. By using the Services, you agree to cover these costs as required by the applicable laws and regulations in your jurisdiction.

20. DISCOUNT POLICY

We value our customers and are committed to offering the best value for their money. One way we achieve this is through our discount system. At our sole discretion, we may provide discount programs, which will be described and detailed on the Site.
From time to time, we may also offer promotional discounts. To benefit from such discounts, you must accept and adhere to the terms of the specific promotion. We reserve the right to refuse to honor promotional codes if we suspect reasonable abuse or misuse.
Unless explicitly permitted, you agree not to use more than one discount per item. Discounts cannot be applied retroactively after payment has been made. Therefore, we encourage you to review the final order total, including any applicable discounts, before completing your payment.

21. REWARDS PROGRAM: HONU POINTS

The Honu Points Rewards Program (the "Program") is a loyalty program provided by Aloha to reward customers for their continued support. The Program is powered by Smile.io. By participating, you agree to the following terms:

Eligibility
The Program is available to individuals who create an account on our Site. Participation is limited to personal use, and businesses or organizations are not eligible.
Earning Points
Points are earned for qualifying purchases and other activities as specified in the Program (e.g., referring friends or engaging with us on social media). The rate at which points are earned and qualifying activities are detailed on the Site and may change at our discretion.

Points earned are added to your account once the associated order is confirmed and not canceled or refunded.
If an order is canceled or refunded, any points earned from that purchase will be deducted from your account.

Redeeming Points
Points can be redeemed for rewards such as discounts or other benefits, as described on the Site. Points cannot be exchanged for cash, transferred, or combined with other promotions unless explicitly stated.
Expiration and Forfeiture
Points may expire after a specified period or if your account becomes inactive. Points may also be forfeited if you violate the Program terms or our Terms of Use.
Data Processing
The Program is powered by Smile.io. By participating, you acknowledge that Smile.io may process certain data to facilitate the Program. Refer to our Privacy Policy and Smile.io’s terms for more details on data usage.
Termination
We may terminate your participation in the Program for suspected fraudulent activity, misuse, or any violation of these terms. Opting out of the Program or account termination will result in the forfeiture of unused points.
Program Modifications
We reserve the right to modify, suspend, or terminate the Program, including how points are earned and redeemed, at any time. Changes will be posted on the Site, and your continued participation constitutes acceptance of the updated terms. Refer to the Site for the latest updates and further details.

22. ONE-TIME & PRE-ORDER PURCHASES

We offer both one-time purchases and pre-order options for select products. Full payment is required for both at the time of the transaction. By engaging in these purchase types, you agree to the following terms:

One-Time Purchases
One-time purchases are processed immediately upon payment confirmation. Products will be shipped according to our standard shipping policy unless otherwise specified at checkout.
Pre-Order Purchases
We may offer pre-orders for certain products on the Site. By placing a pre-order, you acknowledge that the product is not immediately available and agree to the provided estimated shipping timeline.
Combined Orders
Orders containing both one-time purchase and pre-order items may be held until all items are available for shipment, unless otherwise specified.

23. SUBSCRIPTION PLAN

Aloha offers subscription plans for certain products and services. By subscribing, you agree to the recurring billing and other terms set forth in this section. Subscribers are entitled to refunds or exchanges for products damaged during delivery as part of their subscription benefits as outline in the Return and Refund Policy. You may cancel your subscription at any time, for further information please consult our Purchase Options Cancellation Policy.

Billing and Payment
Subscriptions will be billed on a recurring basis (e.g., monthly, quarterly, or annually) as specified at the time of purchase.

You authorize Aloha to charge your payment method automatically at the beginning of each billing cycle until you cancel the subscription.
If a payment is declined, we may suspend or cancel your subscription without prior notice.

Changes to Subscription Plans
We reserve the right to modify subscription pricing, features, or terms. Any changes will be communicated to you in advance. Continued use of the subscription after changes constitutes acceptance of the new terms.

24. BUYER TERMS

By using the Services and making purchases on the Site, you represent and warrant that:

Your information is accurate and not false, misleading, or fraudulent.
Your information does not infringe any third-party intellectual property rights.
Your information complies with all applicable government laws, regulations, or guidelines.
Your information is not untrue, threatening, offensive, or harassing in nature.
Your information does not contain confidential information or trade secrets of third parties unless you have obtained explicit consent from the rightful owner.
Your information does not include viruses, worms, Trojan horses, or other harmful programs or data, whether standalone or embedded within other programs or data.
You do not defame, slander, or libel another person or transmit misleading or inaccurate information of any kind, whether personal or commercial.
You will keep your information up to date and modify your account/profile or any other details as necessary.
You have the legal capacity to purchase goods or services and will not violate any applicable laws in doing so.
You will not place orders for goods or services unless you have sufficient funds or capacity to pay for them.
The purchase of goods and/or services on this Site is at your own risk.

Failure to adhere to these Buyer Terms may result in the suspension or termination of your account or access to the Services.

25. FRAUDULENT ACTIONS BY USERS

We are not responsible for any losses resulting from fraudulent actions by users, including but not limited to misleading, deceptive, or otherwise invalid activities ("Fraudulent Actions"). By using the Services, you agree to release us from any liability arising from such fraudulent actions.
You agree to make reasonable efforts to notify us immediately if you become aware of any fraudulent activity that may affect the Services.
We reserve the right, at our sole discretion, to terminate the account or cancel the order of any user found to be engaging in fraudulent actions.

26. AFFILIATE COLLABORATIONS

Aloha operates an affiliate program powered by Shopify Collabs, allowing individuals and businesses to earn commissions by promoting our products and services. By joining our affiliate program, you agree to the terms outlined in this section.

Eligibility and Application

Affiliates must apply through the Shopify Collabs platform.
Approval of applications is at the sole discretion of Aloha.
Affiliates must comply with all applicable laws, regulations, and these Terms of Use.

Affiliate Responsibilities

Affiliates are responsible for promoting Aloha products through ethical, honest, and lawful methods.
Affiliates must not engage in spamming, false advertising, or deceptive practices.
Affiliates must not misrepresent their relationship with Aloha.

Commissions and Payments

Affiliates will earn a commission for each eligible sale made through their unique referral link, as tracked and reported by Shopify Collabs.
Commissions will be paid out according to the schedule and terms outlined on the Shopify Collabs platform.
Aloha reserves the right to withhold or reverse commissions in cases of fraud, refund requests, or violations of program rules.

Termination of Affiliation

Either party may terminate the affiliate relationship at any time with written notice.
Aloha reserves the right to terminate any affiliate relationship for violations of these Terms or the Shopify Collabs policies.
Upon termination, all affiliate links must be removed, and no further commissions will be earned.

Changes to the Affiliate Program

Aloha reserves the right to modify, suspend, or terminate the affiliate program at any time, with notice provided to affiliates. Continued participation in the program after changes constitutes acceptance of the updated terms.

Data Use and Privacy

By participating in the affiliate program, affiliates agree to the collection and use of data as outlined in our Privacy Policy and the Shopify Collabs terms.
Affiliates are responsible for protecting customer data and adhering to data privacy regulations.

27. CLASS ACTION/JURY TRIAL WAIVER

You agree that all disputes between you and Aloha shall be resolved through binding individual arbitration, and both you and Aloha expressly waive the right to a trial by jury. You may file claims only on your own behalf. Neither you nor Aloha may participate in a class action, class-wide arbitration, or any representative action for any claims covered by this Agreement.

Additionally, you agree not to participate in claims brought by a private attorney general or in a representative capacity, nor in consolidated claims involving another person's account. This waiver applies to all disputes, regardless of the nature of the claims or the legal theory on which they are based.

28. LIMITATION OF LIABILITY

We will not be held responsible for any services requested or received through our Site. We disclaim all liability for mishaps, delays, injuries, damages, losses, interruptions, misapplication of data, or any physical or psychological conditions or problems arising from any act or omission by any individual or entity, including but not limited to our owners, employees, agents, joint partners, contractors, suppliers, affiliates, or any associated parties.

We do not assume responsibility for the actions or inactions of any parties involved in the delivery or execution of our programs, products, services, or program materials. This includes but is not limited to owners, employees, agents, joint partners, contractors, suppliers, affiliates, or any other parties.

If you choose to use our products, services, program materials, or any information provided by us or affiliated with us, you do so entirely at your own risk. We do not assume any liability for outcomes or consequences resulting from such use.

29. DISCLAIMER

Please note that we are not FDA-approved, nor do we provide medical advice. All information provided on our Site is strictly for informational purposes only. If you are experiencing an emergency or require medical assistance, please consult your nearest health center or contact your doctor. We are not responsible for any suspected misuse of products or illegal drug activity by customers.
We make no warranties, express or implied, about our products, services, or materials. You agree that all products, services, and materials are provided "as is," without warranties of any kind, to the fullest extent permitted by applicable law. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:

The Site, products, services, or materials will be functional, uninterrupted, accurate, complete, or error-free.
Defects will be corrected, or that the Site, content, or any materials are free of viruses or other harmful components.
The use of software, products, services, or materials on third-party sites will meet expectations regarding accuracy, reliability, or timeliness.

We do not guarantee that the Service will be secure, uninterrupted, or free from technical issues. The information, text, graphics, links, or other materials on the Site may be subject to changes at any time without notice, and we make no commitment to update them. No oral advice or written information provided by us, our employees, or licensors creates any warranty, nor should you rely on such advice or information.
We are not responsible for any technical difficulties or failures, including:

Issues with networks, transmission lines, computer systems, servers, providers, or software.
Failures caused by email errors, internet traffic congestion, or disruptions associated with our Services.
Injuries or damages caused to customers or their devices resulting from participation in, or downloading of, materials in connection with our Services.

Your use of our Site and Services is at your own risk, and we assume no liability for any losses or damages that may occur.

30. ISSUE OF COMPLAINTS

Under no circumstances shall we be liable for direct, indirect, special, incidental, equitable, or consequential damages arising from the use of, or reliance on, our programs, products, services, or program materials, or those affiliated with us in any way. By using our Site and Services, you release us from any claims, including but not limited to:

Loss of profits.
Individual or business interruptions.
Personal damages, mishaps, or misapplication of data.
Any other loss, physical or mental illness, condition, or misfortune.

This limitation applies regardless of whether we have been expressly informed of the possibility of such damages or difficulties.

31. INDEMNITY

You agree to indemnify, defend, and hold harmless Aloha, its employees, directors, agents, affiliates, partners, shareholders, branches, advertising and promotional agencies, and all third-party providers of information or services, from any damages, rights, losses, claims, or actions that may arise from your use of the Service or any materials, textual or otherwise, in connection with the Service.
Additionally, you agree to indemnify and hold us harmless from any claims, liabilities, or demands, including reasonable attorneys' fees, made by a third party as a result of:

Your use of the Service.
Your breach or violation of these Terms of Use.
Your infringement of any third-party rights.
Any act or omission by you that causes harm or liability to a third party.

This indemnification obligation will survive the termination of these Terms and your use of the Site or Services.

32. AVAILABILITY, ERRORS AND INACCURACIES

We are continuously updating the Services ("Service") offered on our Site. Products or services available through the Service may occasionally be incorrectly priced, inaccurately described, or unavailable, and there may be delays in updating information on the Service or our advertisements on other websites.
We do not guarantee the accuracy or completeness of any information, including prices, product details, availability, or services. We reserve the right to change or update information, and to correct errors, inaccuracies, or omissions, at any time without prior notice.

33. OUR CONSENT

By continuing to use this Site, you acknowledge that you have read, understood, and agree to the terms and conditions outlined in these Terms of Use. You further confirm that you are using the Site solely for its intended purpose and not for the benefit of a competitor or any unauthorized third party.

34. SEVERABILITY

If any provision or part of this Agreement is deemed invalid or unenforceable under any applicable law or regulation, the remaining provisions of this Agreement shall remain in full force and effect. The invalid or unenforceable provision shall be deemed omitted to the extent necessary to comply with applicable law, without affecting the overall intent of the Agreement.

35. WAIVER

Any waiver of any provision of this Agreement or delay by any party in enforcing their rights or obligations under this document shall not be construed as a continuing waiver. Such waiver shall not create an expectation of future non-enforcement of any provision or right.

36. FIXATION

The prices of our services are listed on the Site and are determined based on the type of service requested. Some products or services may have a price different from the one published on the Site. In such cases, we will always inform customers about the price difference, allowing them to decide whether to proceed with the purchase.

All prices displayed on the Site are based on Mexican Pesos (MXN), which is the primary currency of operation. Any prices displayed in other currencies, such as USD (United States Dollar) or EUR (Euro), are provided as estimates for convenience and reference only. All final transactions are processed and paid in Mexican Pesos (MXN).

If you make a payment from a country within the European Union (EU), VAT will be added to the price during the payment transaction process. In certain cases, where required by local laws, VAT may also be included in addition to the total cost of services, even if you are not located within the EU.
We are committed to providing the most accurate pricing information on the Site. However, errors may occur, such as cases where an item is incorrectly priced. We reserve the right to refuse or cancel any order placed for a product or service listed with an incorrect price.

If an item is incorrectly priced, we may, at our discretion:
Contact you for further instructions, or
Cancel the order and notify you of the cancellation.

If you have already paid for the product or service, a full refund will be issued in the event of cancellation due to a pricing error.

37. ASSIGNMENT AND DELEGATION

This Agreement and the rights granted, and obligations assumed herein may not be transferred, assigned, or delegated by the user in any way. However, we reserve the right to transfer, assign, or delegate this Agreement without notice or obligation to you.

38. SURVEILLANCE

We reserve the right, but not the obligation, to monitor access to and use of this Site without prior notice to the user. Your activity on the Site may be recorded or logged in a manner consistent with the provisions outlined in our Privacy Policy. For more information on how your data is handled, please refer to our Privacy Policy.