This agreement sets forth the terms and conditions which govern the use of the services provided by Arigora.
You and Arigora agree to the following terms and conditions:
1.1 In this agreement the following words have these meanings, unless a contrary intention appears:
Arigora webpage means a webpage which consists of a skin provided by Arigora and content provided by you.
Arigora website means a website of Arigora for a particular country. For example, www.arigora.com and my.arigora.com form the Arigora website for the USA.
Business means an entity which provides at least one product or service which includes a registered company, partnership/firm, sole trader and non-profit organisation or other entity as determined by Arigora.
Content includes text, photos, logos and other information of that nature which you insert into skins to make your Arigora webpage.
Nominated email address means the email address which is associated with your account.
Outlet means a particular place (physical or virtual) where business is carried out. An outlet can be a physical shop, an online e-commerce website, a phone order system, or other place where business is carried out.
Purchased feature means any feature of Arigora for which payment is required to Arigora by you.
Skin means a visual theme designed by Arigora to display and layout content provided by you.
Spam webpage means any Arigora webpage which is created in bad faith, does not conform to the conditions set out in this agreement, is incomplete, or contains multiple hyperlinks for the purpose of increasing search engine rankings, or any other Arigora webpage as decided by Arigora.
We, us, our and Arigora means the firm Arigora which provides advertising services on the internet and is based in New Zealand.
You and your means the individual, partnership, company, firm or other business utilizing the services available through Arigora.
1.2 In this agreement, unless a contrary intention appears:
(a) the singular of a word includes the plural of the word and vice versa; and
(b) the words “including”, “for example” or “such as” do not limit the meaning of the words to which the example relates in that example, or examples of a similar kind.
1.3 Headings are used in this agreement for convenience and do not affect the interpretation of the terms of the agreement.
2.1 To register to use Arigora's services you must be eligible to enter into a contract with Arigora under New Zealand law. If you are an individual you must be at least eighteen (18) years of age and able to enter into a contract under New Zealand law.
2.2 You must be or run a business to register and use the services provided by Arigora. Business is defined in the Interpretation section of this agreement.
2.3 Each Arigora webpage created by you must be for one business or one outlet of a business which you own or run. For example, if you are a company with a single outlet, then you may create one Arigora webpage. If your company has many outlets then you may create one Arigora webpage per outlet.
2.4 You may not create more than one Arigora webpage per business or outlet of a business. If you or your business provides more than one service you may not create one Arigora webpage for each service your business provides. You may not create a webpage for a business or business outlet if one already exists for that business or outlet, even if the existing webpage belongs to another registered user of Arigora.
2.5 Arigora webpages must only be created on the Arigora website for the country that the business is in. For example, an Arigora webpage for a business in the USA can only be created on Arigora the USA. This also holds for businesses which operate online through a website.
3.1 You are solely responsible for ensuring that any of the products or services you are promoting through the use of Arigora’s services complies with all the terms and conditions contained in this agreement and that the products and services do not breach any of the laws of New Zealand and the country you are located in.
3.2 While we do not accept any responsibility for the products or services you are promoting through the use of Arigora’s services, we reserve the right to remove your Arigora webpage, with or without notice, if we deem your products or services to be inappropriate due to breach of law, objectionablity or any other reason at our discretion.
4.1 You are solely responsible for the content provided by you in your Arigora webpages including ensuring that the content does not breach any laws of New Zealand or the country you are in. We are not responsible for ensuring the content you place in your Arigora webpages is not in breach of any law, is non-objectionable, or otherwise appropriate.
4.2 While we do not accept any responsibility for the content you provide in your Arigora webpages, we reserve the right to remove content and/or the Arigora webpage which we deem to be inappropriate due to breach of law, objectionablilty or any other reason, with or without notice.
4.3 You are required to ensure that all the information you provide about your business is complete, correct and up-to-date at all times.
4.4 We are not responsible for ensuring that the information you provide about your business is correct nor accept any responsibility if it is not.
4.5 We agree to ensure that there is nothing inappropriate about our skins as they appear without any content added by you.
5.1 You give us the right to send email to your nominated email address from time to time, to communicate with you about our services, inform you of new features of Arigora, inform you of services updated and provided by Arigora, to confirm that you really own the nominated email address, and for other relevant communication.
5.2 All the details you provide to Arigora when creating Arigora webpages are for public access and will therefore be shared with visitors to your Arigora webpages.
5.3 You give us the right to store, copy, resize, adjust and otherwise process the photos you upload to your Arigora webpage for the purpose of providing the requested services to you and the visitors to your Arigora webpage. You give us the right to store and copy the text you input for your Arigora webpages for the purpose of providing the requested services to you and the visitors to your Arigora webpages.
6.1 You must ensure that you take all possible steps to understand the details of a feature you intend to purchase before you purchase that feature.
6.2 All purchased features will take effect after the payment made by you is recieved by Arigora.
6.3 If you are unsatisfied with a purchased feature the money paid for that feature may only be refunded if we are informed that you would like a refund within seven (7) days of when the purchase was made. If the seven (7) day refund period has lapsed then we will not refund the money paid for a purchased feature.
6.4 If your Arigora webpage is removed due to a breach as described in 13.1 of this agreement you will not be entitled to a refund due to your breach even if it comes within the 7 day refund period described in 6.3.
6.5 Arigora's copyright does not transfer to you when you purchase the "Use Own Domain Name" Add-On. The copyright remains with Arigora.
7.1 All Arigora services are provided as-is. Use of Arigora services at your own risk. You are responsible for all costs arising from losses related to your Arigora services including the use others make of your Arigora webpages. Arigora is not liable to compensate you or any third party for losses related to your Arigora services including the use others make of your Arigora webpages.
7.2 We make no guarantee of reliability of any service we provide. We will endeavour to make sure all Arigora webpages stay online, but make no guarantee that they will. Subscribing to a purchased feature does not entitle you to any extra reliability over and above that of the free services. We will attempt to rectify services which have glitches or which become unavailable for whatever reason, as soon as possible, but make no guarantees about how quickly this will happen. We are not bound to give compensation, financial or otherwise, for unavailability of access to the services Arigora provides, glitches or other technical problems.
7.3 If we cease to do business and stop providing our services, we are not bound to refund payment for purchased features which are partly or wholly unused.
You must indemnify us for all losses and liabilities we incur because you acted in breach of any of the terms and conditions of this agreement or because you used the services available through Arigora for inappropriate purposes.
9.1 Arigora has the right to amend any or all of the terms and conditions of this agreement. Such amendments shall be accompanied by notice, in writing to your nominated email address and shall be effective as of the date stated in the notice sent to your nominated email address.
9.2 If you do not agree with any such amendments then you may terminate the agreement by removing all your Arigora webpages and deregistering from Arigora. If you remove your Arigora webpages and deregister from Arigora then any money paid for purchased features which are wholly or partially unused will not be refunded.
9.3 If you continue to maintain an Arigora webpage you agree to be bound by all and any such amendments to the terms and conditions of the agreement after they become effective.
10.1 Where notice is provided by us it will be in writing and will only be sent to your nominated email address.
10.2 Where notice is provided by us it will be deemed to have been received at the time it is sent from the Arigora mail server.
This agreement is governed by the laws of New Zealand. You and we submit to the non exclusive jurisdiction of the courts of New Zealand.
If any of the terms and conditions of this agreement are held to be illegal, invalid or unenforceable for any reason then those terms and conditions will be taken to be modified in a way which would remedy the illegality, invalidity or unenforceability or where no such modification is possible the term is to be severed from this agreement with the remaining terms and conditions of this agreement remaining in full force.
13.1 If you breach:
then your:
may be permanently removed from any Arigora website. This may be done with or without notice.
13.2 If your content is removed due to any or all of the breaches described in 13.1 then we will not compensate you for loss of time or other losses sustained due to providing content and/or having the content removed.
13.3 If your Arigora webpage is removed due to any or all of the breaches described in 13.1 we will not compensate you for loss of time or other losses sustained due to providing content and/or having the Arigora webpage removed.
13.4 If your Arigora webpage had a purchased feature and your Arigora webpage was removed due to any or all of the breaches described in 13.1 then we will not refund the money paid for the purchased feature.