In the following provisions, the subsequent phrases will have the following definitions:
The owner, publisher and moderator of the website ArubaDeal.com
The website www.ArubaDeal.com, published on the internet by ArubaDeal.com. Most information on this website is entered and offered by third parties. These third parties are solely responsible for all information, product specifications and accuracy of the information they publish, as well as the form and content of the corresponding product.
The person or legal entity with whom the publisher has come to an agreements, or who used the services of ArubaDeal.com in the largest sense of word.
Goal and liability
ArubaDeal.com provides for a platform that enables selling and buying parties to meet each other, but is never a party in agreements between these parties and thus not liable, responsible or accountable for any part of the agreement between parties using the Website.
ArubaDeal.com, its logo and corporate identity are registered trademarks. It is strictly prohibited to use or duplicate any of its elements without the explicit prior and written consent of its owner. Other brand and services displayed on our website, are the sole property of their respective owners in copyright.
Addition for English version of Terms & Conditions
Please note that this document is a translation of the original ‘Algemene Voorwaarden’ as created in the Dutch language. This translation has been made available for the understanding of our international clients and provides for an accurate translation of the original text. However, in the legal sense of word, the Dutch version is the only and valid version of the ArubaDeal.com Terms & Conditions. If any discrepancies would occur or exist between these two versions, the Dutch version will always be the final and decisive version.
Article 1: General
These conditions also apply on every offer, quote and agreement made between ArubaDeal and the Client on which ArubaDeal has declared them to be applicable, unless these conditions have been explicitly deviated from as confirmed in writing. These conditions are also applicable and binding on agreements with ArubaDeal, in situations where ArubaDeal makes use of third parties for the delivery of the agreement.
These Terms & Conditions have also been compiled for the staff of ArubaDeal and their contacts in the widest possible definition. The applicability of possible purchase conditions or other conditions or the client are explicitly rejected. If one or more of the conditions described in these Terms & Conditions would be declared void or voidable, all the other provisions will remain entirely in effect. The Client and ArubaDeal will then discuss new and replacing provisions for those who were declared void, wherein the original goal and spirit of the old provision will be remained intact as much as possible.
If the explanation of one or more provisions in these Terms & Conditions would lead to uncertainty or would provide for more than one possible definitions, the explanation and final definition will be determined using the spirit of the Terms & Conditions as a binding guideline. If a situation would occur which is not provided for in these Terms & Conditions, parties will seek to judge this situation using the Terms & Conditions as a binding guideline.
If ArubaDeal chooses not to strictly enforce these Terms & Conditions, this will not imply that its provisions are not applicable, or that ArubaDeal would lose its right to enforce strict adherence of the provisions in these conditions.
Article 2: Terms of delivery and execution, risk transition, delivery of and changes to the agreement, price increases
If a term or moment of delivery or completion of certain activities is determined or agreed upon, this term or moment is never a definitive moment. If ArubaDeal would exceed this term, the Client is required to send a written notice of default to ArubaDeal in which a reasonable timeframe is offered in which all that is agreed upon can be delivered. ArubaDeal will assure that the agreement will be executed according to its best knowledge, insights and with respect to reasonable demands forthcoming out of professional and scientific standards. ArubaDeal has the right to outsource its work to third parties partially or entirely.
If ArubaDeal or third parties hired by ArubaDeal provides for delivery of work related to the Agreement on the location of the Client or a location appointed by the Client, the Client will provide for reasonable facilities requested by the staff without charging for these facilities.
ArubaDeal has the right to deliver the results from the agreement in phases and seperately invoice the completed work. If the agreement is delivered in phases, ArubaDeal has the right to suspend the delivery of next phases until the Client has approved the results of the previous phase in writing.
The Clients is obliged to deliver all information necessary for the delivery of the agreed results, either by specific request of ArubaDeal or is the Client should reasonably know that certain information is necessary. If the information required is not timely delivered to ArubaDeal, ArubaDeal has the right to suspend the delivery of the Agreement and/or invoice the Client the additional extra costs according to the normal pricing. The delivery term of the Agreement will not commence before the Client has delivered all required information to ArubaDeal. ArubaDeal is not liable for any sort of damage, if it has taken action based on incomplete or inaccurate information delivered by the Client.
If it would show during the execution of the agreement that, in order to properly deliver the agreement, it is required to change or complement the agreement, both parties will debate these matters timely and adjust the agreement accordingly. If the nature, size or content of the agreement, albeit at the request or instruction of the client, authorized institutions, etcetera, this might have consequences for either the quantity or the quality of the agreement. As a result of this, the financial amounts that have been agreed upon might be increased or decreased. ArubaDeal will, whenever possible, provide a transparent overview of this effect before the execution. Another result of changes to the original agreement might be the delivery term as agreed upon previously. The client accepts the option that the agreement might be changed, including changes to both the pricing as the delivery term.
If the agreement is changed, thus including any addition, ArubaDeal is entitled to firstly deliver that part once this has been approved by an authorized employee of ArubaDeal and not before the client has agreed to the previously offered pricing and changed conditions, such including the time and date on which delivery shall take place. If any part of the changed agreement is not or not timely delivered, this shall not be defined as a default on the side of ArubaDeal and forms no reason for the client to either cancel or terminate the agreement.
ArubaDeal reserves the right to refuse a proposed change to the agreement, if which would have a consequence for the quantity or quality of the goods or services that are to be delivered in accordance to the original or changed agreement.
If the client would default in properly complying with his obligations towards ArubaDeal, the clients is liable for all occurring damages of ArubaDeal, both directly as indirectly.
If ArubaDeal has agreed to a fixed fee or pricing, ArubaDeal is at all times entitled to increase the pricing if this is the consequence of an obligation by law or legislation, or forthcoming from a price increase in commodities, wages or any other influence that could not be foreseen upon entering the agreement. Any price increase forthcoming from these matters do not entitle the client to cancel or terminate the agreement.
If the price increment equals more than 15% of the original price and is not the result of a change to the agreement, the client is entitled to terminate the agreement by confirming this in a written statement if the agreement is not older than three months. If this would occur, ArubaDeal still holds the right to deliver the agreement based on the original amounts;
- If the price increment is the result of a legal obligation of ArubaDeal;
- if it is part of the agreement that the delivery will take place more than three months after the original agreement was agreed upon;
- Or, of the delivery of a product or service is agreed upon to take place more than three months after being purchased.
Article 3: Force Majeure
ArubaDeal cannot be held to any obligation towards the client if it is hindered by any situation for which it is not accountable by any legal standard, legal act or normal and accepted events. In this document, force majeure is defined as, in addition to what has been determined by law or jurisprudence, all events from the outside, foreseen or not foreseen, on which ArubaDeal can have no influence, but has the consequence that ArubaDeal cannot (timely) fulfill its obligations. Strikes and illness of ArubaDeal or third party staff are included in this definition.
ArubaDeal reserves the right to fall back to force majeure, if the occurrence that causes the (further) delivery of the agreement after the deadline of the agreement.
ArubaDeal has the right to suspend its obligations forthcoming from the agreement. If this period would exceed two months, both of the parties are entitled to terminate the agreement without the one party being liable to the other party.
As far as ArubaDeal has partially delivered its obligations forthcoming from the agreement upon the moment that force majeure occurs and if this part represents a value on its own, ArubaDeal has the right to separately invoice this part of the agreement. The client is then obliged to provide for payment of this invoice as if this was a separate agreement. Any liability claims in cases of force majeure are explicitly rejected.
Article 4: Liability
The liability of ArubaDeal is in all cases limited to a maximum of the invoice amount (of the part of) the agreement which leads to liability. All further claims of any nature and any person or entity are explicitly rejected, such as a wrong publishing, the non-timely or partial publishing are excluded.
The client is bound to directly check all advertisements on the moment of publishing. The client safeguards ArubaDeal for any damage claims of third parties that result from orders or advertisements placed, created or instructed by the client. Only if gross negligence and/or deliberate on the side of ArubaDeal would occur, would it be liable for damages is any kind, occurring from not (timely or correctly) placing advertisements or delivering orders.
If ArubaDeal would be liable, this liability is limited to the definitions as set forward in this article. ArubaDeal is not liable for damage, of any possible kind, that occur if ArubaDeal has acted based on incorrect or incomplete information offered by the client.
The liability of ArubaDeal is in any case limited to the possible amount that will be refunded by an insurer in applicable cases. ArubaDeal is only liable for direct damages.
Direct damages are exclusively defined as the reasonable costs made in order to determine the cause and size of the damage, of this determination related to the damage as defined in these terms and conditions; the possible reasonable costs made to determine the deficient delivery of ArubaDeal with regards to the agreement, if this can be attributed to ArubaDeal and any reasonable costs made in order to prevent or limit damaged, if the client can prove that these costs have led to a limitation of damages as defined in these Terms & Conditions.
ArubaDeal is never liable for indirect damages, including but not limited to consequential damages, loss of profits or savings and damages resulting from decreased business activities.
The limitations as set forward in this article do not apply if the damage is the result of intentional misbehavior or gross negligence of ArubaDeal or its management.
Article 5: Indirect damages
The liability of ArubaDeal for indirect damages, including consequential damages, loss of revenue, loss of savings, damages resulting from decreased business activities or any other damage is explicitly rejected. ArubaDeal accepts no liability whatsoever forthcoming from the usage of our website or the service of our users, clients and third parties, including any consequences they might have and any disturbances to our network and site performance. The user and clients of ArubaDeal always provide for a safeguard against any claims of third parties relating the text and information published on our website.
Article 6: Refusal/removal of ads and orders
ArubaDeal explicitly reserves the right to refuse, cancel or suspend any ad or order, without being liable for any damage claims. ArubaDeal furthermore reserves the right to change or delete any text, picture and format of all ads and orders provided to ArubaDeal before or after they have been published.
Article 7: Conditions for free classified ads for consumers
Consumers may publish one or more of their ads on ArubaDeal free of any charge in a category of their choice. This may be done under the following conditions.
1. Classified ads are free for consumers. Entrepreneurs are also allowed to use these free ads, as long as they have no commercial character and do not point to their business activities; the perception of ArubaDeal is decisive in this evaluation. Mentioning a company name or promoting a company directly or indirectly is not permitted. It is also not allowed to provide for phone numbers, (partial or complete) addresses, fax numbers or websites of companies, clubs and institutions in the free consumer ad section.
2. Classified ads places in the consumer segments which have the goal of promoting any non-consumer activity or entity will be directly removed from our website.
3. Consumer ads are published for 60 consecutive days after which they are automatically archived. Once this has been archived, the user has the possibility of republishing this ad. Classified ads are always shown in their sequence of publishing date (new to old), with the exception of the homepage and Top Deals category.
Article 8: Paid classified ads companies and clubs
Companies, enterprises, institutions and clubs are enabled to place their classified ads on ArubaDeal for a small financial compensation and in accordance with the following conditions.
1. Entrepreneurs may publish their own classified ads on ArubaDeal. They may use either a personal or business email address. For companies we ask for additional address information in order to provide for the invoicing process. The invoicing process is executed entirely automatically from our system.
2. Clubs may advertise against the same conditions and possibilities as companies, whilst paying an adjusted pricing.
3. All owed amounts shall be collected by a single debit authorization. This authorization is provided for by the client upon publishing the ad. The publisher of ArubaDeal takes care for the collection. If any fraudulent activities are discovered or if one knowingly provides for false information concerning the payment, we reserve the right to ban the user from our services and file a report with the local police department.
Article 9: General rules for publishing classified ads
ArubaDeal reserves the right to change or delete classified ads on our website at our own discretion and at the following exemplary situations:
1. The classified ad is published by a person who is either not a resident of Aruba, does not own a second home on Aruba or is not staying on Aruba for a term of over 60 consecutive days; the advertising company, institution or club is not registered on Aruba.
2. The classified ads and/or products are published in a wrong category.
3. The same or virtually the same ad has been published on our platform more than two times.
4. Advertisers who publish more than five classified ads after each other; after which the ad streak needs to be broken by at least one other classified ad of another advertiser. (Check on ‘Latest Ad’) Page.
5. The products, services or pricing in the classified ads are described incomplete or inaccurately.
6. The products or services offered are infringing the intellectual property of third parties or might provide for damages to the property of third parties.
7. If the advertiser uses HTML or other coding to shape the classified ads. Upon publishing your text, only ‘flat text’ is allowed.
8. If the title (the bold header) contains over 40 characters or if the title does not provide for a proper description of the body text.
9. If an advertiser has placed one or more ads for third parties, or if a third party is promoted by offering links or any other way.
10. If the ads, services or products contain racist statements, adult material of any category, drugs or other controlled substances, fire arms or related products, any illegal matters, which are offensive or if there is reason to believe the products were stolen.
Article 10: Personal Information
ArubaDeal records all personal information in our database that one fills in in order to make usage of the email service provided by ArubaDeal. The following conditions apply.
1. If you wish to make usage of this website, you are obliged to provide for accurate information regarding your personal information, your email address and if applicable address or other information.
2. Your email information may be used to send you mailing from and by ArubaDeal, in some cases these emails might contain commercial information, or contain information offered by third parties.
3. If, at the discretion and judgment of ArubaDeal.com, a user has abused our platform or used it for illegal activities, we reserve the right to notify law enforcement agencies about this behavior.
Article 11: Maintenance
ArubaDeal is entitled to, without prior notice limit the usage of ArubaDeal.com, or to (temporarily) take the site offline to the degree of which this is necessary for any required maintenance, security, improvements or adjustments to the system; thus without the entitling the clients for any compensation of damages from ArubaDeal.com.
Article 12: Publishing rights
ArubaDeal is entitled to publish the ads placed by either the clients or third parties within its own network and if required for other publications as long as they are not removed from ArubaDeal.com. If the client does not wish for its ad to appear in these other publications, he shall have to remove the ad from ArubaDeal.com. If the client does not agree to the policy as set forward in this article, we strongly advice not to make usage of the services of ArubaDeal.com
Article 13: Complying with instructions
Users of ArubaDeal.com are obliged to comply with all instructions provided by the staff, moderators or representatives of ArubaDeal concerning the usage of our site directly and accurately, even if these instructions are not described as such in our Terms & Conditions.
Article 14: Use of data ArubaDeal.com
Users It is expressly forbidden, without permission op ArubaDeal.com, to approach users op ArubaDeal.com for commercial purposes in any matter whatsoever.