HONU Worldwide Inc. Terms of Servic
Updated 3-8-21
By using HONU Worldwide’s website, you agree to be legally bound by these Terms.
If you do not agree with one or more provisions of these Terms, you should not use
HONU Worldwide’s website. Please contact us if you have any concerns regarding
the Terms.
1. General information
2. Your Account
3. Submitted Materials
4. Fees and payments
5. Suspension and termination; Prohibited use
6. Warranties; Limitation of Liability
7. Indemnification
8. Intellectual property
9. Miscellaneous
10. Contact
1. General information
1. General information
1.1 These Terms of Service (the “Terms”) constitute a legally binding agreement between
HONU Worldwide Inc., (the “Company”, “we”, “us”, and “our”) and an individual user,
or company (the “user”, “you”, and “your”) accessing and using the website
https://honuworldwide.com (the “Website”) and the related sourcing, shipping, trademark
and logistic services.
1.2 About HONU. We provide sourcing and logistic services. (the “Services”).
1.3 License to use HONU. We grant you a personal, revocable, non-exclusive, nontransferable and limited license to use HONU pursuant to these Terms.
1.4 Disclaimer. Although we regularly monitor the information available on HONU, we
cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the
information available on HONU. Please exercise your due diligence when assessing such
information.
1.5 Third-party links. HONU may contain links to websites and other online sources
owned by third parties. We are not responsible or liable in any manner for the content of such third-party links and security and privacy practices deployed by the operators of thirdparty websites.
1.6 Other relevant terms. Other documents that include important provisions regarding
your use of HONU are our:
Privacy policy available at https://honuworldwide.com/privacy-policy (the
“Privacy Policy”);
Refund policy available at https://honuworldwide.com/refund-policy (the “Refund
Policy”);
Other terms and conditions made available by us through HONU.
2. Your Account
2.1 Registration of your Account. In order to use the full functionality of HONU and
purchase the Services, you are required to be a part of our Customer Relationship
Management (CRM) software. We will create a user account (the “Account”) for you. The
personal information related to your Account will be processed in accordance with our
Privacy Policy. By registering your Account, you acknowledge, agree, and warrant that:
▪ You will comply with these Terms and all applicable local, state, national and
foreign laws, treaties and regulations in connection with your use of the Services;
▪ You will provide only true, complete, and up-to-date personal information;
▪ You are at least 18 years old;
▪ You are an individual human and not a machine (Accounts registered by machines,
bots, and other automated methods are not permitted); and
▪ Your obligations under these Terms shall be binding on your heirs, successors and
assigns.
2.2 Security of your Account. You are solely responsible for maintaining the
confidentiality of your Account, including login details and passwords. By using the
HONU CRM, you agree to immediately notify us about allegedly unauthorized use of your
Account or any other security breach related to your Account. You are also responsible for
using secure Internet connection and protected networks while using the HONU CRM. We
cannot and will not be liable for any loss or damage resulting from your failure to comply
with these security obligations
2.3 Deactivation of your Account. At any time, you may deactivate your Account through
the dashboard of your Account. Upon deactivation of the Account, these Terms shall
terminate and you shall stop using the Services.
2.4 Suspension and termination of your Account. We reserve the right to suspend or
terminate your Account if, at our sole discretion, we have grounds to believe that your use
of the HONU CRM seriously and repeatedly breaches these Terms. We may also suspend
or terminate your Account upon a lawful request of a public authority.
3. Submitted Materials
3.1 You are responsible for the content and accuracy of other information submitted by
you to the HONU CRM or entered in relation to the Services (the “Submitted
Materials”). The Submitted Materials are used to provide you with the requested Services
(the “SERVICES”). Because of the volume of the Submitted Materials, we cannot be
responsible for verifying facts contained in your Submitted Materials.
3.2 We are in no way responsible for typos submitted by our clients. We accept no
responsibility or liability in the case any of the Submitted Materials are supplied to us in
error.
4. Fees and payments
4.1 The Fees. Your use of the Services is subject to the applicable fees and charges (the
“Fees”). The Fees are indicated in the United States dollars (USD) and exclude any
applicable taxes. The Fees remain valid as long as they are indicated on the Website,
communicated to you in writing by email or other means. The Fees are subject to a change
with or without a prior notice. Any of such changes will be either communicated by email
or made available on the Website.
4.2 Payment of the Fees. You shall pay all applicable Fees in accordance with terms in
effect at the time the Fees are due and payable. All payment obligations are non cancelable.
To complete your payment, you must provide us with information required by our payment
processor or payment by ACH.
4.3 Payment processors. All payments related to the Services, including the Fees, will
be processed by our a third-party payment processor. You agree not to hold us liable for
any of your payments that do not reach us because you have quoted incorrect payment
information or the Payment Processors refused the payment for any other reason. Please
note that the Payment Processors may collect from you some personal data, which will
allow them to make the payments requested by you. The Payment Processors handle all
the steps in the payment process on their websites, including data collection and data
processing.
4.4 Taxes. All Fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and you shall be responsible for payment of all such taxes, levies, or duties,
excluding only USA (federal or state) taxes based solely on Company’s income.
4.5 Bills. If you believe that your bill is incorrect, you must contact us in writing within 60
days at the following address: HONU, 30 N Gould St Sheridan, WY 82801. You agree to
provide us with complete and accurate billing and contact information. You agree to update
this information as soon as any change occurs. If the contact information you have provided
is false or fraudulent, we reserve the right to terminate your access to the Services in
addition to any other legal remedies.
4.6 Authorization. If you are entering into a service contract on behalf of a company or
other legal entity, you represent that you have the authority to bind such entity to these Terms.
5. Suspension and termination; Prohibited use
5.1 We may suspend or terminate your Account at any time at our discretion.
Notwithstanding the foregoing, if your Account becomes delinquent or you breach the
Terms, then, in addition to any of our other rights or remedies, we reserve the right to
suspend your access to the Services, without liability to you.
5.2 Should you violate these Terms and or any other rights of the Company, the Company
reserves the right to pursue any and all legal and equitable remedies against you, including,
without limitation, terminating your Account.
5.3 Automated systems. You are not allowed to use any automated systems, such as
“robots,” “spiders,” or “online readers”, which access HONU and the Services in a manner
that sends more request messages to our servers in a given period of time than a human can
reasonably produce in the same period by using a conventional online web browser. We
reserve the right to grant operators of public search engines to use the automated means for
the purposes of providing our Services.
5.4 Collecting personal information. You are not allowed to collect or harvest any
personal information from HONU by manual or automated means, including other users’
account names and contact details. You are also prohibited from using communication
systems provided through HONU (e.g., comments and email addresses) for any
commercial solicitation purposes. You agree not to solicit, for commercial purposes, any
users of HONU with respect to any content submitted by them to HONU.
6. Warranties; Limitation of Liability
6.1 You represent and warrant to us that you will comply with all applicable laws, rules
and regulations;
6.2 HONU IS PROVIDED ON AN “AS AVAILABLE”, “AS IS”, AND “WITH ALL
FAULTS” BASIS. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR
IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND
ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING
HONU. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT HONU
WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS,
DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.
6.3 Company’s entire liability for damages for any claims arising under or in
connection with your use of HONU, regardless of the cause of action, whether in contract
or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to your actual direct damages, not to exceed the amounts actually paid by you for
your use of the Services during the twelve (12) months immediately preceding the month
in which the cause of action arose.
6.4 IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU
FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS,
LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER
CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR
PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
6.5 Third-party suppliers. By using HONU, you acknowledge that we may use thirdparty suppliers to provide services, software, hardware, storage, networking, and other
technological services. The acts and omissions of third-party suppliers may be outside of
our control. To the maximum extent permitted by law, we exclude any liability for any loss
or damage resulting from the acts and omissions of such third party suppliers.
6.6 Cyber liability. Given the nature of communications and information processing
technology and the Internet, we cannot be liable for any security incidents, cyber attacks,
data breaches, and unlawful destruction, loss, use, copying, modification, leakage, and
falsification of any personal information caused by circumstances that are beyond our
reasonable control. In case a security incident occurs, we will inform relevant authorities
without undue delay and immediately take reasonable measures to mitigate the incident, as
required by the applicable law. Our liability for any security incidents will be limited to the
highest extent permitted by the applicable law.
7. Indemnication
7.1 The Company will indemnify (“Indemnitor”) and hold you (“Indemnitee”) harmless
against any claim or demand by a third party, including, without limitation, reasonable
attorney’s fees, alleging that the Services infringe any intellectual property right under the
laws of United States. This indemnification does not cover third-party claims arising from:
(i) modification to HONU by anyone other than the Company or its authorized agents and
contractors; (ii) use of the HONU by you in combination with other software or equipment
not authorized by the Company where HONU, if not so used, would not be infringing; or
(iii) your failure to use the HONU in accordance with these Terms.
7.2 You shall indemnify (“Indemnitor”) and hold harmless the Company (“Indemnitee”),
its affiliated companies and its third-party vendors, including distributors, from and against
any and all claims, losses, damages, liabilities, costs and expenses (including reasonable
attorney’s fees) arising out of or relating to any breach by you of any representations and/or
warranties contained herein or otherwise arising out of or relating to the Submitted
Materials.
7.3 Indemnification is conditioned upon the following: (i) the Indemnitee promptly notifying the Indemnitor of any claim; (ii) the Indemnitor having sole control of the defense
and all related settlement negotiations; and (iii) the Indemnitee cooperating, at the
Indemnitor’s expense, in the defense and furnishing the Indemnitor with all related
evidence in its control.
7.4 Claim: If a claim regarding HONU and alleging infringement is brought or is likely,
in Company’s sole opinion, to be brought, the Company may, at its sole option and expense
(i) obtain the right for you to continue using the Services; (ii) replace or modify HONU so
that it becomes non-infringing; or (iii) upon notice to you, terminate your use of the
Services or any portion thereof, provided that the Company promptly refunds to you the
prorated portion of any pre-paid Fees paid hereunder.
7.5 Honu Worldwide shall not be liable for loss or damage that results from Acts of
God, weather conditions, public enemy, public authority, labor disputes, and acts of
terrorism or war. HONU IS NOT LIABLE IF A CUSTOMERS PRODUCTS ARE
SEIZED, IMPOUNDED, EXAMINED OR DETAINED BY CUSTOMS. ALL FEES
ASSOCIATED WITH AN ACTION BY THE US CUSTOMS AND BORDER
PATROL WILL BE PAID FOR BY THE CUSTOMER.
7.6 Cold Storage: Goods requiring cold storage are stored at Customer’s own risk. Honu
Worldwide assumes no liability or responsibility for Cold Storage.
7.7 Condition of Goods: Honu Worldwide shall not be liable for damage, loss, or delay
to uncrated freight, freight improperly packed, glass breakage or concealed damage. All
Goods shall be able to withstand handling by heavy equipment, including but not limited
to forklifts, cranes, or dollies. It is the Customer’s responsibility to ensure that Goods are
packaged correctly prior to shipment.
7.8 Shipping: Honu Worldwide shall not be liable for damage or loss of goods during
shipping. It is the responsibility of the customer to pursue any loss of goods or loss of
income from the damaged goods directly with the shipping company.
7.9 UNDER NO CIRCUMSTANCES WILL ANY PARTY BE LIABLE FOR
SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR
INCOME. HONU WORLDWIDE SHALL BE LIABLE, SUBJECT TO THE
LIMITATIONS CONTAINED HEREIN, FOR LOSS OR DAMAGE TO GOODS
ONLY IF SUCH LOSS OR DAMAGE IS CAUSED BY THE DIRECT NEGLIGENCE
OR WILLFUL MISCONDUCT OF HONU WORLDWIDE.
8. Intellectual property
8.1 Company’s Content. Certain content available through the HONU CRM and used to
operate the Services is protected by copyright, trademark, patent, or other proprietary rights
of the Company and its affiliates, licensors, and/or service providers (the “Company’s
Content”). The Company’s Content is subject to the protection by the United States
intellectual property laws and international treaties. All rights not expressly granted to you
in the Terms and the Copyright IP Policy are reserved by the Company.
8.2 Prohibited use. HONU is a trademark and no right or license is granted to you to use it. Unless otherwise provided in our Copyright IP Policy, you are also not allowed, without
obtaining prior written authorization from the Company, to:
▪ Copy, distribute, and make available Company’s Content to third parties;
▪ Disassemble, make alterations, decompile, reverse engineer, translate, and adapt
Company’s Content;
▪ Distribute, rent, loan, use, lease or attempt to grant other rights to Company’s
Content to third parties; and
▪ Use any manual or automated means to scrap Company’s Content or any content
available on HONU.
8.3 Third-party intellectual property. Some of the intellectual property, including the
trademarks, featured on the HONU CRM may be owned by the users of the HONU CRM
and other third parties. Such third-party intellectual property does not belong to the
Company and it remains the sole property of the respective third-party proprietors.
8.4 Copyright infringement claims. We respect intellectual property rights. If you have
any grounds to believe that any content made available through the HONU CRM violates
your or third party’s intellectual property rights, please contact the Company and express
your concerns or request to remove the allegedly infringing content. The Company will
reply to the copyright infringement claim as soon as possible but no later than 2 weeks.
Before sending your claim to the Company, please make sure that you SIGN it and include
the following information:
▪ Identification with sufficient detail of the copyrighted work that you believe has
been infringed;
▪ Identification of the material that is claimed to be infringing and information
reasonably sufficient to permit us to locate the material;
▪ Your contact details allowing us to respond to your claim;
▪ The following statement: “I have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law”; and
▪ The following statement: “I swear, under penalty of perjury, that the information
in the notification is accurate, and that I am the copyright owner or am authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed”.
8.5 Endorsement and affiliation. You shall not hold yourself out as in any way as
sponsored by, affiliated with, or endorsed by the Company or its subsidiaries or affiliates.
You agree not to (i) defame or disparage the Company, its trademarks or service marks,
the Services, or HONU or (ii) adapt, translate, modify, decompile, disassemble, or reverse
engineer HONU or any software or programs used in connection with HONU.
8.6 Patent and Trademark Indemnity. It is the customers responsibility to ascertain the
product they want Honu Worldwide to source is not patented or infringing on any existing patents, trademarks or copyrights. Honu Worldwide is not responsible for any potential
damage done as a result of a customer’s product infringing on another company’s patents,
trademarks or copyrights.
9. Non-solicitation
9.1 You agree that, under any circumstances, you shall not, individually or on behalf of
any person, directly or indirectly, approach, solicit, entice, induce, encourage, or attempt
to approach any employee, independent contractor, staff, family member, supplier, service
provider, or other business partner of the Company for the purposes of (i) offering
employment positions and contracts, freelance projects, or other business opportunities or
(ii) discontinuing their business or employment relationships with the Company.
9.2 This Section 9 must survive the termination of these Terms for any reason.
9.3 The Company reserves the right to request you to cover any monetary or non-monetary
damages suffered by the Company as a result of your breach of this Section 9.
10. Miscellaneous
10.1 Term and termination. The Terms enter into force on the date indicated at the top of
the Terms and remain in force until updated or terminated by the Company or until you
stop using HONU. Section 9 of these Terms shall survive the termination of the Terms for
any reason.
10.2 Amendments. We reserve the right to modify these Terms or our policies relating to
the Services at any time, effective upon posting of an updated version on the Website. You
are responsible for regularly reviewing these Terms. Your continued use of HONU after
any changes shall constitute your consent to such changes.
10.3 Relationship. You acknowledge and agree that you and the Company are independent
contractors, and nothing herein shall be construed to create a partnership, joint venture,
agency, or employment relationship. You do not have authority to enter into agreements of
any kind on behalf of the Company.
10.4 Governing law. These Terms shall be governed by and construed under the laws of
the State of Florida, exclusive of its conflict of laws provisions.
10.5 Jurisdiction. Any suit hereunder will be brought in the federal or state courts located
in the state of Florida, and you submit to the personal jurisdiction thereof. If you are not
satisfied with the Services, we strongly encourage you to contact us first so that we could
address your concerns.
10.6 Breach of the Terms. If we believe, in our sole discretion, that you violate these
Terms and it is appropriate, necessary or desirable to do so, we may:
▪ Send the user a formal warning;
▪ Temporary suspend your Account;
▪ Delete your Account;▪ Temporarily or permanently prohibit your use of the Services; or
▪ Commence a legal action against you.
10.7 Severability. In the event that any provision of these Terms is determined to be
unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the
fullest extent permitted by the applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms. The validity and enforceability of the remaining
provisions shall not be affected as a result.
10.8 Availability. We put reasonable efforts to ensure that the HONU CRM is always
accessible to you. However, the availability of the HONU CRM may be affected by factors,
which we cannot reasonably control, such as bandwidth problems, equipment failure, or
force majeure events. We take no responsibility for the unavailability of the HONU CRM
caused by such factors.
10.9 Legal Actions. No action, regardless of form, arising out of or relating to this
Agreement may be brought by either party more than one (1) year after the cause of
action has accrued.
10.10 Successors and Assigns. You may not, directly or indirectly, in part or in whole,
by operation of law or otherwise, assign or transfer the Services or your obligations under
these Terms and Conditions without Honu Worldwide’s written consent. Any attempted
assignment, transfer or delegation without such prior written consent will be
unenforceable. In the event of any such valid assignment, then the terms hereof shall be
binding to the benefit of the parties hereto, their successors and assigns. Nothing in these
Terms confers any right, benefit, or remedy on any third-party person or entity. You
agree that your account is non-transferable.
10.11 Inspections. All product inspections must be done by Honu at an additional cost
billed to the customer. We do not allow customer’s third party inspection.
10.2 Supplier information-Honu keeps all of their suppliers names confidential.
11. Contact
Email: info@honuworldwide.com
Support tickets: https://honuworldwide.com/support/
Postal address: HONU Worldwide Inc., 21 NW 5th Street, Fort Lauderdale, FL 33301
