General Website Terms & Conditions of Business and Website
Use Information about us www.arubi.art is a site operated by owner (“ArubiArt”, “We” “Our” or “Us”).
This page (together with the documents referred to on it) tells you (“you” means the individual using the Website) the terms and conditions on which we supply any of the ArubiArt products and services (Products) listed on our website www.arubi.art (“ArubiArt”, “Website”) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from ArubiArt. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions and the specific individual Product terms and conditions listed below (hyperlinks available). You should print a copy of these terms and conditions for future reference.
For information about the ArubiArt’s data protection and additional Terms & Conditions, please read ArubiArt’s Privacy Policy, Terms & Conditions of sale Digital products and Terms & Conditions of use Digital products which are incorporated into and made a part of these Terms & Conditions.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from ArubiArt.
These terms and conditions, incorporating the additional terms and conditions for our Digital products, tell you the terms of use on which you may make use of ArubiArt whether as a guest or a member of ArubiArt. Please read these terms and conditions carefully before you start to use the Website.
Contracts for the supply of individual Products made through ArubiArt or as a result of visits made by you are governed by our specific Product terms and conditions listed above but are to be read in conjunction with these terms and conditions.
1. Access
You are provided with access to ArubiArt in accordance with these terms and conditions and any orders, registrations or another general use of the ArubiArt is strictly in accordance with these terms and conditions. Access to ArubiArt is permitted on a temporary basis, and we reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the ArubiArt. We will not be liable if for any reason the ArubiArt is unavailable at any time or for any period. Some parts of our Website are restricted to use by members of ArubiArt only.
2. Transactions concluded through the ArubiArt
Contracts for the supply of digital products or services formed through ArubiArt are governed by these terms and conditions together with the specific terms and conditions relating to the digital products in question. Links to such additional terms and conditions can be found at the top of this page.
3. Registration
You warrant that:
• you are legally capable of entering into binding contracts;
• the personal information which you are required to provide when you register as a member or customer of ArubiArt is true, accurate, current, and complete in all respects;
• you will notify us immediately of any changes to the Personal Information by contacting our Customer Service Team by e-mail; and
• you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
• you will not share your user name and password with any other person or with multiple users on a network.
4. Personal Login Information
Certain features and areas of ArubiArt websites and digital products are available only with registration, login, and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. ArubiArt is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact ArubiArt immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
5. User Obligations
You warrant that you will abide by all applicable local, state, national, and international laws and regulations with respect to your use of ArubiArt digital products and not interfere with the use and enjoyment of ArubiArt digital products by other users or with ArubiArt’s operation and management of ArubiArt digital products. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information on ArubiArt websites, including, without limitation, information required to be provided through a ArubiArt registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, ArubiArt reserves the right to terminate your access and use of the ArubiArt digital products. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using ArubiArt digital products, or defame or otherwise harm any party, including ArubiArt, through your use of the ArubiArt digital products.
6. Our Rights
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system’s capabilities. You will be subject to the policies and terms and conditions in force at the time that you order Products from us unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we sell you the Product (in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
It is your responsibility to check regularly to determine whether these terms and conditions have been changed. We will not use this right to vary the terms of any term which may materially affect the contract. If you do not agree to any change to these terms and conditions then you must immediately stop using the Website. The content of this site and content of sites linked to and from this site are provided ‘as is’ and ‘as available’, without warranties of any kind. ArubiArt does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability. Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract. You are advised to verify the accuracy of any information before relying on it.
ArubiArt does not warrant that the materials will be error-free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction that you may incur as a result of using this Website.
The information on this Website does not necessarily reflect the views and opinions of ArubiArt. Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
Under no circumstances shall ArubiArt, its affiliates, agents, and suppliers be liable for any damages arising out of the use or inability to use the materials in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party. However, nothing in these terms and conditions shall restrict or exclude any liability that we have to any party which cannot be excluded by law.
You agree to use this site for lawful purposes only and not in any way that might infringe third-party rights or that might bring ArubiArt into disrepute. When using our site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and that they comply with them.
7. Copyright and Trade Marks
ArubiArt, All Digital products, and its logo are all registered trademarks of ArubiArt. We are the owner or the licensee of all intellectual property rights on this Website, and of the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organization to material posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics
separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on ArubiArt must always be acknowledged. You must not use any part of the materials on ArubiArt for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of the Website in breach of these terms and conditions, your right to use ArubiArt will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. Viruses, hacking and other offenses
You must not misuse the ArubiArt by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. You must not attack ArubiArt via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of ArubiArt or to your downloading of any material posted on it, or on any website linked to it.
9. Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Website must not be framed on any other site. We reserve the right to withdraw linking permission
without notice. The website from which you are linking must comply in all respects with the content standards set out in ArubiArt Acceptable Use Policy.
10. Links from the Website
Where the ArubiArt contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
11. Privacy policy
We process information about you in accordance with our Privacy Policy. By using ArubiArt, you consent to such processing and you warrant that all data provided by you is accurate.
12. Data Protection Notice
If you are registered with ArubiArt, we will hold your contact details on our database. Your data will never be sold or released to a third party to use for their own purposes. ArubiArt will retain your data and will use it only to communicate with you on ArubiArt-related issues and to provide information that may be of use to you in the
future. You may also obtain a hard copy from a member of the Customer Services Team. ArubiArt commits that its policy and security statement on Data Protection applies equally to members and non-members.
13. Our liability regarding your purchase of digital products
a. If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the products or services which you have bought from ArubiArt, for 12 months and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
b. We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
• loss of income or revenue;
• loss of business;
• loss of profits;
• loss of anticipated savings;
• loss of data; or
• waste of management or office time.
c. Nothing in this agreement excludes or limits our liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
• any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14. Our liability regarding your use of the Website
Whilst every effort is taken to ensure the accuracy and integrity of all information displayed, the Website is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, ArubiArt hereby expressly excludes:
• All conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity.
• Any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it, and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time;
and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This clause does not seek to exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
15. Restrictions on use
You further agree to comply with the following in connection with your use of the ArubiArt:
• You may not access or use the ArubiArt in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter, or link to the ArubiArt that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the ArubiArt).
• You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic devices, program, algorithm, or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the ArubiArt for any unauthorized purpose.
• You may not use the ArubiArt in a way that, to be determined in our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the ArubiArt, including ArubiArt’s servers, computer network, or user accounts.
• You may not use the ArubiArt in a way that removes, modifies, disables, blocks obscures, or otherwise impairs any advertising in connection with the ArubiArt.
• You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the ArubiArt for public or commercial purposes without our express written permission.
• You shall not interfere with or disrupt the ArubiArt or any related ArubiArt websites or servers or networks connected to the ArubiArt.
• You shall not restrict or inhibit any other user from enjoying and using the ArubiArt.
• You shall not use the ArubiArt in violation of applicable law or third-party rights (including third party terms of service), and shall not use the ArubiArt for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.
16. Events outside our control
We will not be liable or responsible for any failure to perform or delay in the performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ( “Force Majeure Event” ). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
• strikes, lock-outs, or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters;
• impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks;
• the acts, decrees, legislation, regulations, or restrictions of any government; and
• pandemic or epidemic.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the
Force Majeure Event.
17. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing to our e-mail.
18. Severance
If any part of these terms and conditions is found to be unenforceable as a matter of law, the enforceability of any other part of these terms and conditions will not be affected.
19. Statutory Rights
These terms and conditions are in addition to your statutory rights as a consumer, which remain unaffected.
