The following is agreed and stipulated between SAM MDO owner of the portal ARCADATA.COM (henceforth referred to as "the Portal"), whose offices are located in 31, avenue Princesse Grace 98000 MC Monaco and the aforementioned (henceforth referred to as “the User”):
I GENERAL TERMS AND CONDITIONS
1. Upon accessing for the first time, the User, who has not yet signed up and intends to access the Portal services, will be asked to provide their details and expressly and unconditionally accept the general terms and conditions of the contract
2. Any User intending to take advantage of the paiement services provided by the Portal must sign up.
The services provided by the Portal are free of charge or charged for, as stipulated more clearly below.
3. When signing up, each user is identified by their "User Identification" and "Password", which will be confirmed, after agreeing to this contract, by means of an e-mail sent to the e-mail address given by the User in question.
The User pledges to keep their "User Identification" and "Password" secret and confidential. Signing-up to the Portal is free of charge.
After signing-up, the User can start using the Portal services upon accepting this contract and those subsequently activated and provided through the Portal itself.
4. The Portal pledges to provide Users, who have signed up, with all the services activated upon signing this contract.
In future the Portal will be provide users with other services. Whenever a new service is provided, the Portal reserves the right to let its users know about any new services and updates by e-mail.
II USER RIGHTS AND OBLIGATIONS:
5. All Users will state their true identity. The truthfulness of the personal details provided by the User is an essential condition for the validity of this contract and its due implementation, not to mention the proper safeguarding of the User’s right.
6. In accordance with law no.1.165 of 23/12/93, the User expresses authorises the Portal to send advertising and/or information messages about the services provided to their e-mail address. The Portal pledges not to send more than on e-mail-a-week. The Portal will keep the identification details provided by the user confidential.
7. Access to the Portal services is only allowed by means of the User’s User Identification and Password. Registered Users are, therefore, ensure their password secret is kept confidential, so as to prevent any unauthorised access to the User’s services by third parties. The User will immediately notify the provider at the e-mail address arcaweb@groupep.mc if their Password gets stolen, misplaced or lost. The User will change their Password as quickly as possible if it gets misplaced or stolen. The User will be held solely responsible for any content placed on the Web through their Identification Code and Password, or any direct or indirect damage caused to third parties.
8. The Portal will be entitled to check and record any visits by the User to websites belonging to any predefined catalogue (LOG), drawn up and updated by the Portal. The Portal ensures and guarantees that the aforementioned catalogue will not include sites referring to matters, even by means of further hypertext links (LINKS), which might provide access to the User’s personal details, in accordance with law no. 1.165 of 23/12/93.
9. The User pledges to guarantee:
a) the veracity of the personal details provided when signing up
b) not to use the services in any way that might damage, harm or disrupt the Web or third-party users and not to use the services in way that conflicts with the regulations in force;
c) not to upload any material onto the Web through the services provided by the Portal, which might in any way violate laws governing copyright or intellectual or industrial property rights or, in any case, material and/or information, whose nature or content are slanderous, obscene, pornographic or racist.
d) to prevent unauthorised third parties from using the services provided by the Portal for any reason.
e) to use suitable and constantly updated tools to protect their own computer systems and prevent access to the Web and also to prevent intrusions into the Portal by third parties or viruses (FIREWALLS, ANTIVIRUS etc.)
If the obligations referred to in items a), b), c), d) and e) are violated, the Portal declines any responsibility deriving from the unlawful use of content/services on the part of the User, who will be solely responsible for the breaches caused and any eventual damage to third parties.
If this should happen, the Portal will stop providing its services and legally dissolved the contract, excluding the User from the list of people signed up to the Portal by simply sending them an e-mail and providing at least 24 hours notice, without having to pay any kind of compensation.
The Portal reserves and safeguards all rights and action towards and by the User and anybody responsible for the aforementioned breaches.
If requested by the Portal, the User pledges forthwith and unconditionally to protect and safeguard the Portal from any requests, action, damage, responsibility, costs and expenses, even in relation to legal advice and aid, deriving from any breaches of the aforementioned regulations. If the User is a corporate body or legal entity, what has been stated above also applies if the aforementioned breaches are committed and/or facilitated by staff, agents, delegates and assistants, who have used or use, even occasionally, the Portal’s services
10. The Portal guarantees:
a) it will provide its services efficiently and on an ongoing basis, unless the services need to be "interrupted" in order to carry out ordinary and/or special maintenance operations, pledging to reactivate the services as soon as technically possible.
it is, however, stipulated that the Portal will not be responsible for any delays, malfunctions or interruptions in the supply of any service for reasons beyond their control, accidents or mistakes made by the User in using the services, the complete or partial interruption of the services due to problems caused by telecommunications operators, service providers, web hosting providers or, in any case, resulting from unlawful acts by third parties.
b) it will keep any information received and/or sent to the User confidential, except in those cases where it is fulfilling legal obligations;
c) it will provide the User, upon request, with advice from experts in the matters in question, who are duly enrolled in their professional associations;
d) an online support service aimed at receiving and handling any claims or information from the User regarding the use of the services, which must be sent to the e-mail address: arcaweb@groupep.mc
11. The Portal refuses to accept any responsibility for and cannot be held responsible for:
a) any eventual mistakes or omissions concerning the content of web pages on the Portal
b) the direct and/or indirect use by the User and/or third parties of the content of the Portal’s web pages
c) advice provided by experts
d) information, details, material or anything else contained on sites connected to it by means of hypertext links
III DURATION AND CANCELLATION OF THE CONTRACT
12. filling in the forms and signing the contract clauses stated here entitles you to become a registered User. Registered users remain so indefinitely, unless they decide to unsubscribe at any time by sending an e-mail to: arcaweb@groupep.mc .
13. It is agreed and acknowledged that failure on the part of the User to fulfil the various obligations stipulated in this contract, particularly non-payment for the services supplied by payment, will result in a serious breach of the stipulations of the contract and entitle the Portal to instantly cancel the contract on a unilateral basis, after providing at least 24 hours notice and sending a fax followed by a registered letter with advice of delivery to SAM MDO 31 avenue Princesse Grace 98000 Monaco. The address provided by User when signing up will count as their address , in order to inform them about the cancellation of the contract. Both User and Portal’s agree on :
the User hereby states they have carefully read all the clauses and conditions contained in this contract and expressly approve the following articles:
2 SIGNING UP; 5 VERACITY OF USER INFORMATION; 6 AUTHORISATION FOR ADVERTISING/INFORMATION MESSAGES; 7 RESPONSIBILITY FOR CONTENT UPLOADED ONTO WEB; 8 CHECKS ON VISITS; 9 USER OBLIGATIONS; 11 PORTAL’S EXEMPTION FROM RESPONSIBILITY; 12, 13 DURATION AND CANCELLATION OF CONTRACT; 16 ALTERATIONS TO CONTRACT; 17 LAW COURT JURISDICTION; 18 LAW IN FORCE.
Statement concerning law on the safeguarding of personal details
The information we receive will be processed by computer in order to activate your subscription. All the information will be sent to our subscriptions office. In accordance with law no. 1.165 of 23rd December 1993 governing personal information in Monaco, after sending in a duly motivated request in writing to the company’s head offices, you have the right to access and alter any personal details handled by Société Anonyme Monégasque MDO. Sam MDO – 31 avenue Princesse Grace – MC 98000 MONACO
