Terms of service
Holo Private Tours (HPT) - Terms of Service
Last Updated: April 8, 2025
Please read these Terms of Service carefully before using the services provided by Holo Private Tours ("HPT," "we," "us," or "our"). By accessing or using our services, including our website, mobile applications, holographic tour experiences, and any related services (collectively, the "Services"), you agree to be bound by these Terms of Service and our Privacy Policy, which1 is incorporated herein by reference.
1. Acceptance of Terms
By accessing or using our2 Services, you represent and warrant that you have the legal capacity to enter into a binding agreement and that3 you agree to be bound by these Terms. If you are using our Services on behalf of an organization, you are agreeing to these Terms for that organization and4 represent and warrant that you have the authority to bind that organization to these Terms.5 If you do not agree to all of these Terms, you may not access or use our Services.
2. Description of Services
HPT provides personalized and private holographic tour experiences in various locations. These experiences may involve the use of augmented reality (AR) or virtual reality (VR) technologies, wearable devices, and guided narratives. The specific details, content, duration, and location of each tour will be as described at the time of booking.
3. Booking and Payment
Bookings: Tours must be booked in advance through our website, mobile application, or other designated booking channels. Your booking is confirmed when you receive a confirmation from HPT.
Payment: Payment for tours is required at the time of booking, unless otherwise specified. We accept various forms of payment as indicated on our booking platforms.
Pricing: Tour prices are listed on our booking platforms and are subject to change without notice. Prices may include applicable taxes and fees as specified.
Cancellations and Refunds: Our cancellation and refund policy is outlined separately on our website or provided during the booking process. Please review this policy carefully before booking. HPT reserves the right to cancel or reschedule tours due to unforeseen circumstances, such as weather conditions, technical issues, or safety concerns. In such cases, we will offer a refund or the option to reschedule.
4. User Conduct and Responsibilities
Compliance: You agree to comply with all applicable laws, rules, and regulations while using our Services and participating in our tours.
Respectful Conduct: You are expected to treat our staff, other participants, and the public with respect and courtesy. Disruptive or inappropriate behavior will not be tolerated.
Equipment Use: If our tours involve the use of holographic devices or other equipment, you agree to use them responsibly and according to our instructions. You are responsible for any damage to the equipment caused by your negligence or misuse.
Safety: You are responsible for your own safety and well-being during the tours. Please be aware of your surroundings and follow any safety instructions provided by our staff.
Personal Belongings: HPT is not responsible for any loss or damage to your personal belongings during the tours.
Age Restrictions: Some tours may have age restrictions. You are responsible for ensuring that all participants in your booking meet the specified age requirements.
5. Intellectual Property
Our Content: All content included in our Services, such as text, graphics, logos, images, audio clips, video clips, holographic content, software, and other materials (collectively, "Our Content"), is the property of HPT or its licensors and is protected by copyright, trademark, and other intellectual property laws.
Limited License: We grant you a limited, non-exclusive, non-transferable,6 revocable license to access and use our Services and7 Our Content solely for your personal, non-commercial use in connection with participating in our tours.
Restrictions: You may not reproduce, modify, distribute, display, perform, publish, license, create derivative works from, or sell Our Content without our express written consent.
6. User-Generated Content
If our Services allow you to submit, upload, post, or otherwise make available content, including reviews, feedback, photos, or videos ("User-Generated Content"), you retain ownership of your User-Generated Content. However, by submitting User-Generated Content, you grant HPT a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate,8 create derivative works from, distribute, perform, and display your User-Generated Content in9 connection with our Services and our business, including for promotional and marketing purposes.
You represent and warrant that your User-Generated Content does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights, and that it is not defamatory, obscene, or otherwise unlawful. We have the right, but not the obligation, to monitor, remove, or edit User-Generated Content that we believe violates these Terms.
7. Disclaimer of Warranties
OUR SERVICES AND OUR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF10 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.11
WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED,12 ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF13 OUR SERVICES OR OUR CONTENT.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HPT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,14 OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS15 OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE,16 OUR SERVICES OR OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF HPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HPT'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES EXCEED THE AMOUNT YOU PAID TO HPT FOR THE SPECIFIC TOUR OR SERVICE GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES,17 SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.18
9. Indemnification
You agree to indemnify, defend, and hold harmless HPT and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys'19 fees) arising out of or relating to: (a) your access to or use of our Services; (b) your User-Generated Content; (c) your violation of these Terms; or (d) your violation of any rights of another party.
10. Third-Party Links and Services
Our Services may contain links to third-party websites or services that are not owned or controlled by20 HPT. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree21 that HPT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with22 the use of or reliance on any content, goods, or services available on or through any23 third-party websites or services.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the24 State of [Insert Your State/Jurisdiction], without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or our Services shall be25 resolved exclusively in the state or federal courts located in26 [Insert Your City/County and State/Jurisdiction]. You hereby consent to the personal jurisdiction of such courts and waive any objection based on forum non conveniens.
12. Changes to These Terms
We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective27 immediately upon posting the revised Terms on our website28 or within our mobile application. Your continued use of our Services after the posting of revised Terms constitutes your acceptance of the changes.29 We encourage you to review these Terms periodically30 for any updates.
13. Termination
We may terminate or suspend your access to our Services at any time, with or without cause and without prior notice. Upon termination, your right to use our Services will31 immediately cease. All provisions of these Terms that by their nature should survive termination32 shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and HPT regarding your use of our Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you33 and HPT.
15. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall34 remain in full force and effect.
16. Contact Us
If you have any questions about35 these Terms of Service, please contact us at:
Holo Private Tours (HPT)
16-578 Old Volcano Rd, Unit 2068, Keaau, HI 96749
Main Office: 808-202-2235
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Explore Kilauea Like Never Before
Join our expert-led private tours to discover the majestic Kilauea Volcano in an exclusive, unforgettable way. Experience the beauty of Hawaii's volcanic landscapes up close.