Terms of Use

1. Who these terms bind

These terms govern access to and use of the Mālama application (“the Service”), provided by Gohoku (“Gohoku”, “we”). They apply to the organisation that licenses the Service (“the Organisation”) and to every individual granted an account (“you”). Signing in means you accept them. If you do not accept them, do not sign in.

Nothing in these terms limits any right you hold as an employee under applicable employment, privacy or data-protection law, or any obligation the Organisation owes you under it.

2. Your account

• Accounts are personal. Do not share your credentials, and do not use anyone else's.
• Access is granted for the Organisation's business purposes only.
• Report a suspected compromise of your account immediately.
• Access may be suspended or withdrawn at any time — on leaving the Organisation, on a change of role, or where misuse is suspected.

3. Acceptable use

You must not:

• Access a record you have no business reason to see, or attempt to reach one you have not been granted.
• Copy, export, photograph or transmit personnel or incident records except as your role requires and the Organisation's policies permit.
• Enter information you know to be false, or edit a record to misrepresent what occurred.
• Probe, scan, reverse-engineer or attempt to circumvent the Service's access controls, or use it to store material unrelated to its purpose.

The Service records who reads and who writes each record. Misuse may lead to disciplinary action by the Organisation and, where the law provides for it, to civil or criminal liability.

4. The records held here

The Service holds employment records and documentation of workplace incidents. Records are append-only. Entries are amended by adding a dated correction, never by overwriting, and nothing is deleted through the interface. Assume that anything you write is permanent and that it may later be read by the subject, by the Organisation's advisers, or by a court.

The Organisation owns its data and is its controller. Gohoku processes it on the Organisation's instructions. Responsibility for the accuracy, lawfulness and retention of what is entered rests with the Organisation, not with Gohoku.

5. Availability and no warranty

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, Gohoku disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or trade usage.

We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that data will be free from loss or corruption. No advice or information obtained from Gohoku creates any warranty not expressly stated here.

6. Limitation of liability

6.1 To the fullest extent permitted by law, Gohoku is not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for loss of profits, revenue, goodwill, business opportunity, or anticipated savings, arising out of or relating to the Service — whether in contract, tort (including negligence), strict liability or otherwise, and whether or not Gohoku was advised such damages were possible.

6.2 Data loss. Gohoku is not liable for the loss, corruption, unavailability or unauthorised disclosure of data, however caused, including through hardware or network failure, third-party services, misconfiguration, or the acts of any user. Maintaining backups sufficient to its own needs is the Organisation's responsibility. Where Gohoku performs backups, they are a convenience and not a guarantee of recovery.

6.3 Aggregate cap. Gohoku's total aggregate liability arising out of or relating to the Service, on all claims combined, will not exceed the greater of the fees paid by the Organisation for the Service in the twelve months preceding the event giving rise to the claim, or one hundred United States dollars (US$100).

6.4 What this clause does not do. Nothing here excludes or limits liability that cannot lawfully be excluded — including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability a mandatory statute places on Gohoku and forbids it to disclaim. If any part of this clause is held unenforceable, it is severed and the rest continues to apply.

7. Indemnity

The Organisation will indemnify and hold Gohoku harmless against claims, losses and reasonable costs arising from (a) data entered into the Service by the Organisation or its users, (b) the Organisation's use of the Service in breach of these terms or of applicable law, and (c) any employment, privacy or other claim brought by a person whose records are held here, except to the extent it arises from Gohoku's own breach of these terms.

8. Monitoring

Use of the Service is logged, including sign-in attempts and reads of confidential records. See Privacy & Monitoring.

9. Governing law

These terms are governed by the laws of the State of Hawaiʻi and the United States, without regard to conflict-of-laws rules. The state and federal courts sitting in Honolulu, Hawaiʻi have exclusive jurisdiction, save that either party may seek injunctive relief in any competent court.

10. Changes and severability

Gohoku may amend these terms. Material changes will be notified through the Service or to the Organisation's administrator; continued use after the stated effective date is acceptance. If any provision is held invalid, the remainder continues in force, and the invalid provision is replaced by one that comes closest to its intent within the law.

11. Contact

Questions about these terms should go to the Organisation's HR administrator.