GENERAL TERMS AND CONDITIONS
Last updated: 2022-06-11
Welcome to ARP Group ltd (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at cetabusiness.network (together or individually “Service”) operated by ARP Group ltd.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at firstname.lastname@example.org so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at email@example.com.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or ARP Group ltd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting firstname.lastname@example.org customer support team.
A valid payment method is required to process the payment for your subscription. You shall provide ARP Group ltd with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize ARP Group ltd to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, ARP Group ltd reserves the right to terminate your access to the Service with immediate effect.
6. Free Trial
ARP Group ltd may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by ARP Group ltd until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, ARP Group ltd reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
7. Fee Changes
ARP Group ltd, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
ARP Group ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We do not issue refunds for Subscription Subscription Agreements.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
ARP Group ltd has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of ARP Group ltd or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
10. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
12. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
14. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ARP Group ltd and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of ARP Group ltd.
15. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
16. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org.
17. Error Reporting and Feedback
You may provide us either directly at email@example.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
18. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by ARP Group ltd.
ARP Group ltd has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
19. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
22. Governing Law
These Terms shall be governed and construed in accordance with the laws of Malta (EU), which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
23. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
24. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
25. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
27. Contact Us
Please send your feedback, comments, requests for technical support by email: firstname.lastname@example.org.
Information about ARP Group Ltd
Ceta Business Network is operated by ARP Group Ltd (Company No. C 93881) and our registered office is at The Penthouse, Carolina Court, Triq Giuseppe Calì, Ta’Xbiex – Malta (referred to as “LM section” or “Comapany”in these terms and conditions). Our VAT number is: MT26758324. If you wish to contact us, please email email@example.com, visit our “contact us” page, or write to us at our registered office.
You agree that by clicking “Join Now”, “Join Ceta Business Network”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with our company (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
This Contract applies to cetabusiness.network, Learning section, Project section, Showcase section, Events section, sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and the “Apply with Ceta Business Network” and “Share with Ceta Business Network” plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”.
1.2 Ceta Business Network
You are entering into this Contract with ARP Group Ltd (also referred to as “we” and “us”), that will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
This Contract applies to Members and Visitors.
- Members and Visitors
When you register and join the Ceta Business Network Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
- Service Eligibility
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age”(described below) or older; (2) you will only have one Ceta Business Network account, which must be in your real name; and (3) you are not already restricted by Ceta Business Network from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Ceta Business Network to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel or suspend your Premium Services.
All of your purchases of Services are subject to Ceta Business Network’s refund policy.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
You can get a copy of your invoice through your Ceta Business Network account settings under “Purchase History”.
2.4 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings, messages and e-Mails. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Ceta Business Network connections, restricting your profile visibility from search engines, or opting not to notify others of your Ceta Business Network profile update). For Project searching activities, we default to not notifying your connections network or the public. So, if you apply for a project through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.
We are not obligated to publish any information or content on our Service and can remove it with or without notice.
- Rights and Limits
3.1. Your License to Ceta Business Network
As between you and Ceta Business Network, you own the content and information that you submit or post to the Services, and you are only granting Ceta Business Network and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as “public, everyone or similar”, we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services. Learn More
- While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to Ceta Business Network, you agree that Ceta Business Network can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Ceta Business Network may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
3.3 Other Content, Sites and Apps
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Ceta Business Network generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Members have choices about this feature.
Ceta Business Network may help connect Members offering their services (career coaching, accounting, etc.) with Members seeking services. Ceta Business Networkdoes not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that Ceta Business Network does not supervise, direct, control or monitor Members in the performance of these services and agree that (1) Ceta Business Network is not responsible for the offering, performance or procurement of these services, (2) Ceta Business Network does not endorse any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between Ceta Business Network and any Member offering services. If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Professional Community Policies.
Similarly, Ceta Business Network may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) Ceta Business Network is not responsible for the conduct of any of the Members or other attendees at such events, (2) Ceta Business Network does not endorse any particular event listed on our Services, (3) Ceta Business Network does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.
Ceta Business Network reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Ceta Business Network reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies).
3.5 Intellectual Property Rights
Ceta Business Network reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Ceta Business Netwrk, and “in” logos and other Ceta Business Network trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Ceta Business Network.
3.6 Automated Processing
We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
- Disclaimer and Limit of Liability
4.1 No Warranty
CETA BUSINESS NETWORK AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CETA BUSINESS NETWORK AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS CETA BUSINESS NETWORK HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), CETA BUSINESS NETWORK, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
CETA BUSINESS NETWORK AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO CETA BUSINESS NETWORK FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) €.100,0.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and Ceta Business Network and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Ceta Business Network or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
Both you and Ceta Business Network may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
- Sections 4, 6, 7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
You can visit our Help Center to close your account.
- Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, depending on where you live, you and Ceta Business Network agree to resolve it in California courts using Malta (EU) law.
The laws of Malta govern all claims related to Ceta Business network’s provision of the Services.
- General Terms
Here are some important details about the Contract.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that Ceta Business Network has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Ceta Business Network may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
- Ceta Business Network “What you can do and what you can’t do”
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a professional manner.
You agree that you will not:
- Create a false identity on Ceta Business Network, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Ceta Business Network;
- Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
- Violate the intellectual property or other rights of Ceta Business Network, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Ceta Business Network” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by Ceta Business Network without our express consent (e.g., representing yourself as an accredited Ceta Business Network trainer);
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Ceta Business Network’s consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Ceta Business Network’s consent;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
- Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
- Complaints Regarding Content
Contact information for complaint about content provided by our Members.
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.
- How To Contact Us
Our Contact information. Our Help Center also provides information about our Services.
For general inquiries, you may contact us online. For legal notices or service of process, you may write us at these addresses.
LEARNING TERMS AND CONDITIONS
Information about ARP Group Ltd
The section of the website called Learning is operated by ARP Group Ltd (Company No. C 93881) and our registered office is at The Penthouse, Carolina Court, Triq Giuseppe Calì, Ta’Xbiex – Malta (referred to as “LM section” or “Comapany”in these terms and conditions). Our VAT number is: MT26758324. If you wish to contact us, please email firstname.lastname@example.org, visit our “contact us” page, or write to us at our registered office.
Status of these terms and conditions and updates
This version of the LM section terms and conditions supersedes all prior, written or oral understandings or agreements and applies to the exclusion of any other terms or conditions that you may seek to impose or incorporate, or which are implied by law, trade, custom, practice or course of dealing. We may update these terms and conditions from time to time. Any changes to these terms and conditions will be displayed on the LM section website and your continued use of the website indicates your agreement to these changes. Accordingly, please check this page from time to time to take notice of any changes we made, as they will be binding on you. Any changes to specific seller terms will be notified by email to the seller.
Access to the LM section website and LM section’s liability
Although Company makes reasonable efforts to update the information on the LM section website, Company makes no representations, warranties or guarantees that the content on the LM section website is accurate, complete or up-to-date.
The Company does not guarantee that the LM section website, or any content on it, will always be available or be uninterrupted. Access to the LM section website is permitted on a temporary basis. Company may suspend, withdraw, discontinue or change all or any part of the LM section website without notice. LM section will not be liable to you if for any reason the LM section website is unavailable at any time or for any period.
You are responsible for ensuring that all persons who access the LM section website through your internet connection are aware of these terms and conditions and that they comply with them.
Nothing in these terms and conditions excludes or limits LM section’s liability for death or personal injury arising from LM section’s negligence, or LM section’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
To the extent permitted by law, LM section excludes all conditions, warranties, representations or other terms which may apply to the LM section website or any content on it, whether express or implied.
The Company will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the LM section website; or
- use of or reliance on any content displayed on the LM section website.
- If you are a business user and you purchase a product on the LM section website then (subject always to the provisions above and below) LM section’s total liability to you will be limited to the total amount paid by you for the product. If you are a business user or Istructor and you sell a product on the LM section website, LM section’s total liability to you will be limited to the amount of commission payable by you to us.
If you are a consumer user then (subject always to the provisions above and below) LM section will be responsible for loss or damage you suffer that is a foreseeable result of LM section’s negligence or breach of these terms and conditions, but LM section will not be responsible for any loss or damage that is not foreseeable.
LM section will not be liable for:
- loss of data (as it is your responsibility to back-up and keep copies of all data you submit to the LM section website);
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
LM section will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the eLM website or to your downloading of any content on it, or on any website linked to it.
LM section assumes no responsibility for the content of websites linked on the LM section site. Such links should not be interpreted as endorsement by LM section of those linked websites. LM section will not be liable for any loss or damage that may arise from your use of them.
Product descriptions and images displayed on the LM section website are illustrative only and are published to provide users with a guide to the products being offered and do not contribute in any way to a binding contract between users and sellers and/or LM section. No responsibility or liability is assumed by LM section for the information, service and/or products being suitable for the purpose of the user.
If you are a consumer, advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights.
La Compagnia is the owner or the licensee of all intellectual property rights in the LM Section website, and in the material published on it, with the exception of products for sale. These works are protected by copyright laws and treaties around the world. All such rights are reserved. For further information on intellectual property, please see our Copyright Policy.
The Company does not guarantee that the LM section website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the LM section website. You should use your own virus protection software.
You must not misuse the LM section website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the LM section website, the server on which it is stored or any server, computer or database connected to the LM section website. You must not attack the LM section website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the current laws. 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 our site will cease immediately.
You may link to the LM Section home page, provided you do so in a way that is fair and legal and does not damage LM Section’s reputation or take advantage of it. 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. LM Section reserves the right to withdraw linking permission without notice.
Where the LM Section website contains links to other sites and resources provided by third parties, these links are provided for your information only. LM Section has no control over the contents of those sites or resources.
Governing law and jurisdiction
These terms and conditions shall be governed by and read in accordance with the laws of Malta (EU) and shall be subject to the exclusive jurisdiction of the courts of Malta (EU).
If you require a copy of these terms and conditions in a printable document you can request a copy by contacting one of our customer advisors on email@example.com.
Additional terms relating to the use of our website
Sections in this document apply as follows:
Section 1 – All registered users
Section 2 – Buyers
Section 3 – Sellers.
Section 1 – All Registered Users
You must keep your username and password confidential. Should you approve another individual to use your account you are solely responsible for their actions. If you are using the account on behalf of an organisation you must be authorised to represent that organisation. If you find that there has been unauthorised use of your account you agree to notify LM section immediately.
You must not interfere or disorder any aspect of the LM section website and e-commerce system. In agreeing to these terms and conditions you agree to:
Treat other users of the LM section website with respect and courtesy, ensuring that your use complies with their legal rights
Keep information provided by, or on behalf of LM section in your possession and not supply it to any third party
In agreeing to these terms and conditions you understand that LM section does not own, control, quality assure accuracy of content or endorse products for sale on elearningmarketplace.co.uk. LM section disclaims all responsibility and liability for the information and products displayed on and sold through the website, including accuracy, legality, content and reliability.
Users of the site understand and agree that any feedback and ratings they post to the LM section website will be publicly available for viewing. The Company is not responsible for monitoring, checking or editing the feedback or ratings posted on the website and is not liable for any claims or actions connected with any feedback or ratings. Registered users should use the contact form on the website to report any inappropriate or dishonest feedback and the company section will investigate the claim. It will be at the discretion of Company as to whether the feedback should be removed.
Links to external websites on the LM section site are not under the control of Company and therefore the content and operation of such linked sites are not their responsibility.
You can close your account at any time and for any reason by notifying us using the contact form. Once your account has been closed you will need to re-register to sell or purchase products.
Section 2 – Customer
Courses displayed and sold through the LM Section website are not owned by Company, but remain the property of the course publisher or supplier (on whose behalf the Company acts as a reseller). Your contract for purchase is with Company. Courses purchased are sold on an ‘as is’ basis and no warranties or guarantees are offered by Company.
A legally binding contract of sale will be formed between you and the Company when you have confirmed your order.
You may use the following payment methods:
- Checkout on the site using PayPal’s payment system with a PayPal account, if active or
- Stripe system with credit, debit, prepaid card
When you purchase a product via the LM section website you provide us with your permission to supply you with the means to access the digital goods you have purchased immediately or within one working day, as indicated on each product page. Once payment has been made you will be sent an email with the details of your purchase.
Course Access and Licence Periods
All course licences have a duration of 1 year unless otherwise specified in the course details. The licence period starts when you receive your login details. If you are a business purchasing course licences for your staff the licence starts when you either provide us with the details of those to be enrolled or your Licence Manager account is updated with the new licences.
Immediate Access courses – these courses are hosted on our LM section so when you place your order and make payment your name and email address are used to automate your enrolment on to the course/s you have purchased. Your login details will be emailed to you, followed by your course enrolment email. This may take a few minutes or it make take up to 30 minutes depending on technology factors.
When purchasing a course you are buying a non-exclusive licence to use the course, upon terms specified by the seller, and ownership of the course remains with the seller unless explicitly described by the seller in the details of their product for sale. Unless described otherwise by the seller you must not copy, modify or re-produce a non-original version of the product you purchase, or loan, lease, sell or distribute the product. You download and use suppliers’ courses at your sole risk. The Company does not guarantee any specific outcomes as a result of you purchasing a product from the website.
User licence name changes, only permitted if the user has not accessed the course, must be requested in writing. Requests for large numbers of changes to user accounts may incur an administration charge.
Refund requests should be made to the Company through the contact form on the website or by email to firstname.lastname@example.org. The Company Refunds policy states that a full refund will be issued if a purchased on-line course has not been accessed and the refund claim is made within fourteen days of the purchase. Refunds for downloads will be looked at on a case by case basis, but requests will normally only be upheld for products purchased that are defective or not as described by the seller.
If you are a consumer, please note that you waive your right to a refund under Consumer Affairs Act (Malta) if you access an online product or download a downloadable product. Up until this point, and within fourteen days of making your purchase, you may cancel your purchase by contacting us in writing and we will issue a full refund. Advice about your legal rights is available from European Consumer Centre Malta (https://eccnetmalta.gov.mt/).
Section 3 – Sellers
The Seller agrees to appoint the Company as their non-exclusive reseller to display, market and sell products that are owned by or licensed to the Seller; the Seller warrants that they are the original author and own the copyright of the product and therefore have the right to sell the products or that the Seller is a licensee with sufficient authority to do so. In agreeing to these terms and conditions the Seller agrees that in selling products through the LM section website they are not infringing any legal or intellectual property rights * of any third party and they agree to indemnify and hold harmless eLM from and against all direct losses, damages, costs and expenses suffered or incurred by LM Section as a result of or in connection with any intellectual property infringement claim brought or threatened by any third party. The Company has no responsibility or liability with respect to any claims arising from infringement of the law in any country in relation to the Courses LM section displays, markets and sells on behalf of third parties. Courses displayed and sold through the LM section website remain the property of the Seller or their licensor. The Seller has sole responsibility and control of their products, including risk of loss.
The Seller/Instructor will provide the information for their products as required by the Company in the online Course Submission form, or agreed alternative method. The information the Seller/Instructor provides must be accurate, complete and not misleading. The Seller/Instructor is responsible for setting the price of their courses and any discounts attributed to those Courses. However, the Company requires that the Seller/Instructor prices their courses for no more than they are advertised elsewhere online. If the Company staff or an company customer locates the exact same product at a lower price the product will be sold by Company at the lower price and the Seller/Instructor will receive the value of the net sale less Company’s commission
The Seller/Instructor agrees to pay company 35% commission on the sale of their courses, calculated as a percentage of the total net value of each sale
The Company reserves the right to modify the commissions charged to sellers, following a review of the commission structure, provided that sellers are notified by email of any new commission rates at least 30 days prior to the changes taking place. In the event of an increase being imposed in accordance with this paragraph the Seller/Instructor has the right to terminate this contract by written notice to Company with not less than 14 days written notice.
The Company will email a purchase order at the month end to the Seller with the total value of sales for the month, less 35% commission. The Company requires the Seller/Instructor to email an invoice that replicates the purchase order. On receipt of this invoice Company will make a payment to the Seller/Instructor.
The Seller/instructor agrees to the terms of the Company Refunds and Returns policy, which states that if a request for a refund is made within fourteen days of making the purchase a refund will be issued if a purchased on-line course has not been accessed or is defective or does not comply with the published description.
If the company refunds a buyer for the value of a product they have purchased, in accordance with the agreed Refunds and Returns policy, the refund will be applied against any amounts owed to the Seller.
You may withdraw any of your products for sale from the LM Section website by providing company with 30 days written
Sellers/Instructors are prohibited from:
- Contact the Company’s customers directly, except for the support requested from the Vendor / Instructor:
- Including in any communication with the Company’s customers advertising, marketing messages or “call to action” messages that encourage the Company’s customers to purchase directly from the seller / instructor.
* including, without limitation, patents, trademarks, service marks, registered designs, applications for the above, copyrights, database rights, design rights, know-how, confidential information, trade and trade names, trademarks and any other similar protected rights in any country.
PROJECTS SECTION TERMS AND CONDITIONS
Information about ARP Group Ltd
The section of the website Ceta Business Network called Projects is operated by ARP Group Ltd (Company No. C 93881) and our registered office is at The Penthouse, Carolina Court, Triq Giuseppe Calì, Ta’Xbiex – Malta (referred to as “PROJECT section” or “Company” in these terms and conditions). Our VAT number is: MT26758324. If you wish to contact us, please email email@example.com, visit our “contact us” page, or write to us at our registered office.
You agree that by purchasing, signing up for, or otherwise using the Project section, you are entering into a legal binding agreement (even if you are using PROJECT section on behalf of a company). The Project section allow your postings to be served on properties of Company and enabled third parties (collectively, “Properties”), e.g., websites and mobile applications. The Project section allow postings to be targeted to Company members based on non-personally identifiable criteria (e.g., company, industry, job function, and hashed email).
If you are accessing or using the Project section on behalf of a business or third party, you represent and warrant that you have the authority to do so and to bind that business or third party to these Projects Terms and Conditions, and your agreement to these Projects Terms and Conditions will be treated as their respective agreement. In this event, Company may hold you responsible for violations of this agreement by that business or third party, and “you,” “your” and “party” will also refer and apply to that business or third party.
2. Projects section
The Projects section are designed to help you reach quality candidates for project opportunities. You are responsible for (i) all postings and content therefor submitted by or on your behalf through the Projects section or otherwise to our company, including but not limited to the job descriptions, creatives, trademarks, images, URLs and pixels that comprise the postings or content therefor (collectively, your “Postings”); and (ii) all content and property to which Postings may direct viewers, as well as redirects (“Destinations”).
The Projects section also offers the option to “sponsor” a Posting (“Sponsored Projects”), which, for an additional fee, will secure upgraded placement of the Posting on certain Company pages and emails. Company will otherwise determine the size, placement and positioning of your Postings. Company will serve your Postings as inventory becomes available on the Properties.
You are responsible for any activity conducted through your account, including any purchases made or charges incurred. If you identify that you are using the Projects section on behalf of a business, you agree that Company may share information about your purchases and use of the Projects section with that business, including its representatives and agents. If that business indicates that you are no longer authorized to place ads on its behalf (e.g., if you leave that business or changes roles within that business), you agree you may be removed from accounts associated with that business. You may not resell or transfer access to the Projects section to any other party.
Each Posting must be for one (1) job opportunity; it is not permitted for a Posting to solicit applications for more than one position.
Without limiting the prohibitions in the General Agreement or any other applicable agreement, you agree that you will not, and you will not enable or authorize any third party, by virtue of the Postings, Destinations, or use of the PROJECT section, to:
- Create Postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed.
- Create Postings that intentionally misrepresent the job, hiring company, or poster.
- Fail to clearly disclose in any Posting that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise nontraditional working conditions or compensation may constitute intentional misrepresentation.
- Create Postings for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based.
- Provide identifiable candidate resume or application data to any other parties.
- “Spam” or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting.
- Harass, stalk, or contact any applicant after they have asked not to be contacted.
- Create Postings in any other location in a manner that would not allow compliance with applicable tax and employment laws.
- Create Postings for Projects that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law.
- Soliciting employees by intentional misrepresentation.
- Create Postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in your state or country, the state or country where the job is to be performed.
- Engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.
- Engage in illegal or fraudulent conduct.
- Except as expressly authorized by Company in writing, use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from the Properties.
- Except as expressly authorized by Company in writing, copy, modify or create derivative works of the PROJECT section or any related technology.
- Create Postings that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the PROJECT section or any device or system or breach or circumvent any security measure of Company or a third party.
Company may, in its sole discretion, modify, or terminate any part or all of the PROJECT section or suspend your ability to use the PROJECT section. Company may reject or remove any Posting at any time for any reason, regardless of whether or not such Posting was previously accepted or served.
3. Fees, Payment and Cancellation
You may be offered more than one billing option when you purchase PROJECT section. You agree to pay on the basis and at the rate selected when a Posting, order, or other purchase of PROJECT section was submitted through your account (“Rate”). You also agree to pay all applicable taxes, government charges and foreign exchange fees. Company will periodically charge your payment method at the applicable Rate. All amounts paid are non-refundable. You remain responsible for any uncollected amounts. Company may charge interest for any overdue amounts at the rate of the lesser of 1% per month or the lawful maximum, and you agree to reimburse us for all collection costs for overdue amounts.
For non-flat Rates (e.g., Sponsored Projects), the amount owed will be calculated based on Company’s tracking mechanisms. Company is not responsible for click fraud, technological issues or other potentially invalid activity by third parties that may affect the cost of running Postings. Your exclusive remedy for suspected invalid activity is to make a claim for a PROJECT section credit within 90 days of the date of that activity, and Company’s exclusive liability is in Company’s sole discretion, to issue PROJECT section credit for suspected invalid activity. Any PROJECT section credits that you may accrue are non-refundable and non-transferable and must be used prior to termination of these Projects Terms and Conditions or your account.
Unless you change or remove your payment method, Company may store and update (e.g., upon expiration) your payment method for use with subsequent campaigns, orders and purchases submitted through your account.
4. Intellectual Property Rights and Privacy
You grant to Company a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish your Postings in connection with the performance of the PROJECT section (including for marketing and promotional purposes). You represent and warrant that you own or have all necessary rights (including intellectual property rights) to your Postings (including to grant the license above).
If you choose to provide suggestions or feedback to Company about PROJECT section, you agree that Company can (but does not have to) use and share such feedback for any purpose without compensation to you. You may not disclose any information about Company’s pricing, metrics, member demographics or beta features. Company’s reserves all of its intellectual property rights in the PROJECT section as further described in the General Agreement.
You may use information resulting from the PROJECT section (“PROJECT section Data”) only on an aggregate and anonymous basis to assess the performance and effectiveness of your candidate search using the PROJECT section and to optimize your candidate search. You agree to use reasonable measures to protect the confidentiality of PROJECT section Data and to use appropriate security safeguards to protect PROJECT section Data in accordance with industry standards. You may share PROJECT section Data only with someone acting on your behalf, provided that you are responsible for ensuring their respective compliance with the Agreement and for limiting their respective use of the PROJECT section Data on your behalf. Without limiting the foregoing, you shall not (i) sell the PROJECT section Data; (ii) combine the PROJECT section Data with any data obtained by or on behalf of another employer; or (iii) except for use solely on your own behalf in a manner that does not identify the PROJECT section Data as associated with Company, transfer any PROJECT section Data (including anonymous, aggregate, or derived data) to any job search service, job postings board, data broker or other monetization related service.
5. Disclaimer of Warranties
To the extent allowed under law, in addition to disclaiming all implied warranties and other warranties as provided in the General Agreement, Company and its affiliates (as defined in the General Agreement) disclaim all warranties regarding the PROJECT section, including but not limited to any warranty (a) about the accuracy of any candidate information (including but not limited to candidate applications, candidate identities, recommendations, connections, and references); (b) concerning information on which the Posting targeting categories are based (e.g. member profile information); (c) concerning the rate at which inventory for your Postings becomes available on the Properties; (d) concerning the results of your candidate campaigns and other uses of the PROJECT section; or (e) that the PROJECT section will be uninterrupted or error-free.
Notwithstanding any review or approval of any Posting by Company, you agree to indemnify Company and its affiliates (as defined in the General Agreement), and hold Company and its affiliates harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims or proceedings, arising out of or related to your Postings, Destinations, use of the PROJECT section, any candidate hiring or employment decisions, and breach of these Projects Terms and Conditions.
7. Limitation of Liability
To the fullest extent permitted by law, neither party, including its respective affiliates, will be liable to the other in connection with these Projects Terms and Conditions for lost profits or lost business opportunities, loss of data, or any indirect, incidental, consequential, special or punitive damages.
Neither party, including its respective affiliates, will be liable to the other in connection with these Projects Terms and Conditions for an amount that exceeds the greater of (a) 5 times the total fees paid or payable to Company during the 1-month period before the event giving rise to the liability or (b) EUR €. 100,00.
These limitations of liability do not apply to a party’s (i) payment; confidentiality or indemnification obligations; (ii) liability for fraud, gross negligence or intentional misconduct; (iii) liability for death or personal injury; or (iv) violation of the other party’s intellectual property rights.
The provisions of the General Agreement relating to feature-specific terms, termination, interpretation, notice and assignability apply to these Projects Terms and Conditions and the PROJECT section. Neither party relies on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether a party to these Projects Terms and Conditions or not) relating to the subject matter of these Projects Terms and Conditions, other than as stated in these Projects Terms and Conditions. These Projects Terms and Conditions do not create a partnership, agency relationship, employer relationship or joint venture between the parties.
Company may change the terms of these Projects Terms and Conditions by notice to you (for example, by a notice displayed in the PROJECT section, email, text message or mail), and both parties agree that changes cannot be retroactive. If you do not agree to these changes, you must stop using the PROJECT section. The following provisions of these Projects Terms and Conditions survive its termination: Sections 2 through 4, as well as Sections 6 through 8.
The Company entity entering into these Projects Terms and Conditions with you is determined pursuant to the Contracting Entity Terms set forth in the introduction. If an issue arises under these Projects Terms and Conditions (including non-contractual disputes or claims) and the contracting entity according to the terms of the contracting entity indicated in the introduction, then these Projects Terms and Conditions are governed by the laws of the State of Malta, and any action or proceeding (including those arising from non-contractual disputes or claims) related to these Company Terms and Conditions will be brought in a Court of Malta; Each party irrevocably submits to the jurisdiction and venue of the applicable courts. The prevailing party in any litigation may seek to recover its legal fees and costs.
SHOWCASES SECTION TERMS AND CONDITIONS
Information about ARP Group Ltd
Ceta Business Network is operated by ARP Group Ltd (Company No. C 93881) and our registered office is at The Penthouse, Carolina Court, Triq Giuseppe Calì, Ta’Xbiex – Malta (referred to as “Showcases section” or “Ceta Business Network”in these terms and conditions). Our VAT number is: MT26758324. If you wish to contact us, please email firstname.lastname@example.org, visit our “contact us” page, or write to us at our registered office.
Showcases section of this web site is a marketplace platform that enables vendors (Member premium) to post their products on Showcases Section marketplace for promotion to the members of Ceta Business Network (“Members”).
Vendors will be able to create an online virtual catalog of products and services to improve their visibility in the CETA Agreement market.
The Showcases section can only be used to promote the Products / Services and no online transactions will be authorized.
This marketplace Showcases Agreement (“Agreement”) consists of (1) these Standard Terms and Conditions for Showcases section Marketplace Program (“Terms and Conditions”) and (2) all Showcases section marketplace policies and guidelines for Vendors, (together, the “Vendor Policies”), which are incorporated by reference.
Any entity (“Vendor” or “you”) that wants to sell goods or services (“Products”) on the Showcases section marketplace through the Ceta Business Network site, use any order processing, payment or other services related to the Showcases section marketplace provided by or for Ceta Business Network or use any platform, Vendor Portal, web service, application, interface, or other tool provided by or for Ceta Business Network in connection with the Showcases section marketplace, must accept the terms of this Agreement without change. You should review the terms of this Agreement prior to offering any Products for sale on the Showcases section marketplace or using any Ceta Business Network Tools and Services.Services
This Contract applies to cetabusiness.network, Showcase section and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and the “Apply with Ceta Business Network” and “Share with Ceta Business Network” plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”.
By signing this contract and/or offering any Products or Service for sale on the showcases section marketplace, or using any of the Ceta Business Network Tools and Services as defined in the previous paragraph., you agree to be bound by all terms and conditions of this Agreement (including the Vendor Policies), as this Agreement (and/or the Vendor Policies) may be updated from time to time in accordance with this Agreement. You further represent and warrant that you are registering with the Ceta Business Network marketplace on behalf of an entity and that you have the requisite right, power, and authority to enter into this Agreement on behalf of the entity you register with Ceta Business Network.
Ceta Business Network may change these Terms and Conditions or the Vendor Policies at any time in its sole discretion. The changes will be effective upon (i) posting of such updates on the “Vendor Portal,” which is the primary web-based interface provided to you by Ceta Business Network or (ii) by email notification to the email address that you have provided to Ceta Business Network as part of you registration as a Vendor. You are responsible for reviewing such postings and any applicable changes. Your continued participation, including offering any products for sale on the Showcases section marketplace constitutes your acceptance of such changes. If you do not agree to any posted changes, do not continue to use the Showcases section marketplace.
- Ceta Business Network’s Role
Ceta Business Network provides the Showcases section site as a service to enable the vendor to promote its Products/Services to third party buyers (“members”). You, the vendor, represents and warrants that you have full legal capacity and authority to enter into transactions for the sale of
Products. All transactions with Customers are between you and the Customer, and you will be the seller of record. The Showcases section can only be used to promote the Products/Services and no online transactions will be authorized.
Ceta Business Network and promotion is not a party to any transactions between you and a Customer although Ceta Business Network will provide the Showcases section Services in connection with any such transactions as expressly set forth in Section 6.
You acknowledge and agree that Ceta Business Network may contract with third party service providers to provide features, management software and other services for the Showcases section marketplace site.
2. General Product/Service Policy
(a) Abiding by the Law. You will (and you represent and warrant that you will) comply with all applicable “Laws” (meaning all applicable laws, regulations, rules, legal requirements, and generally accepted industry standards and self-regulatory principles), including Laws related to marketing, packaging, consumer and product safety, product testing, labeling, pricing and packaging, in connection with (i) the purchase and sale of goods and services including through an online marketplace, and (ii) this Agreement; your use of the Showcases section marketplace site and your marketing, promotion, offering for sale, or selling any Products through Showcases section. Upon Ceta Business Network’s request, you will promptly provide us with (i) certificates of authenticity (or similar documentation considered acceptable by commercial or industry standards, as determined in Ceta Business Network’s sole discretion) for Products, (ii) documentation (e.g. email verifications from the brand owner or supplier) showing that you have a legal right to sell or promotion the Products/Services through the Showcases section site, (iii) documentation (e.g. email verifications from applicable rights holders) showing that you are licensed or otherwise have a right to sell said products on the the Showcases section marketplace.
(b) Legal Right to Sell. You may sell or promotion a Product/services on Showcases section through the marketplace site if you are an authorized original seller of that Product. Authorized resellers of products are not permitted to list products on the Showcases section marketplace.
(c) Product Authenticity. You may only sell Products through the showcases section marketplace site that are new and authentic. You must maintain adequate processes and procedures for conducting diligence to assure that Products are authentic, authorized for sale, and not stolen, counterfeit, illegal or misbranded. You may not (and you represent and warrant that you will not) list any Product or Retailer Product Content that is counterfeit, illegal, stolen, or fraudulent, or infringes any third-party “Intellectual Property Rights” (meaning any patent, copyright, trademark, service mark, trade dress (including any proprietary “look and feel”), trade name, logo, moral right, trade secret and any other intellectual property right), or that you otherwise do not have the right to sell. All information you provide about the Product must be accurate, current, and complete and not misleading, deceptive, or fraudulent in any way.
(d) Prohibited Listings. Ceta Business Network, in its sole discretion and for any reason, may prohibit you or ask you to refrain from listing any Products/Services on the Showcases section site or otherwise using the our Tools and Services. In addition, Ceta Business Network may remove your listings in its sole discretion and for any reason, including but not limited to in response to notices of alleged copyright infringement, trademark misappropriation, or other intellectual property claims. If Ceta Business Network requests that you remove Products/Services from the Showcases section Sites, you must make commercially reasonable efforts to remove the Products or Retailer Product Content promptly, and in any event within 24 hours of such request so that the Products and related Retailer Product/service Content no longer appear on the Showcases section Sites. You will not list or include such removed Products or Retailer Product Content on the Showcases section site at any time unless their inclusion is expressly authorized by Ceta Business Network in writing.
You hereby covenant and agree that you will not list, offer or sell Products that: (a) are stolen, replicas, counterfeits or unauthorized copies; (b) violate the intellectual property rights of others such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (c) You do not have full right and authority to sell; (d) represent a potential danger for the health or well-being of Customers (unless You have appropriate regulatory approvals) and/or (e) create or increase the liability for Ceta Business Network.
(e) General Product Approval/Removal
In order to create a curated, high-quality marketplace that is up to our standards, Ceta Business Network may approve or deny Vendor applications at their discretion. Ceta Business Network may also remove, in its sole discretion, any listings for products that do not fit its standards and do not adhere to its guidelines including but not limited to (a) product listings with poor quality product photos; (b) poorly written or product descriptions with insufficient detail; (c) products that do not appear up to Ceta Business Network’s quality standards; (d) brands that do not fit with Ceta Business Network values, mission or product criteria.
3. Retailer Product Content and Retailer Trademarks
You may provide certain product/servizio information and any related media, materials, links, images, and other content in connection with this Agreement and your offering, listing or selling of Products through the Showcases section site (referred to herein as the “Retailer Product Content”).
You represent and warrant that all Retailer Product Content you provide is truthful and accurate and is in compliance with all Product Policies and that you will not use Retailer Product Content to redirect Customers and/or end users of the Ceta Business Network sites to any other sales channels.
You hereby grant Ceta Business Network and its affiliates, and its service providers and marketing partners, a non-exclusive, royalty-free, perpetual, sub-licensable, irrevocable right and license (a) to publish, reproduce, display, distribute, transmit and otherwise use Retailer’s name, trademarks, service marks, and logos (“Retailer Marks”), and (b) to publish and perform, reproduce, distribute, transmit, display, modify, create derivative works of, and otherwise use and commercially exploit all Retailer Product Content, in each case in connection with the Showcases section Marketplace (including without limitation advertising, marketing and promoting the Products, other products, or the Marketplace Program through the Ceta Business Network site, third party websites, e-mail, social media or any other medium).
4. Required Product Information
(a) Retailer Product/Services Content. In order for Vendor to start listing Products on the Site, Ceta Business Network will open on Vendor’s behalf a Vendor marketplace account on the Vendor Portal. Within (3) three weeks from the opening of the account, Vendor will be required to upload all necessary Retailer Product Content and prepare the Vendor storefront to go live on the Showcases section Site. If Vendor fails to take any such actions within the aforementioned period, Ceta Business Network may suspend the account.
(c) Inventory/Stock. You will use commercially reasonable efforts to maintain inventory for those Products you have listed on the Showcases section site. If an item is out of stock, you must update your product listing to prevent customers from unknowingly purchasing an item that is unavailable or requires an unreasonably longer wait time until delivery.
5. Fee & Payment
To access the Showcases section of the Marketplace and the basic functions of the Marketplace, Ceta Business Network members must subscribe to a “Premium” plan. The applicable prices and the respective scope of the services can be viewed in the “membership” section.
Ceta Business Network reserves the right to modify the pricing models, as well as to extend, modify or limit the functionality of the Marketplace or terminate access to the Marketplace for free at any time.
Premium members will have the opportunity to promote their company’s products and services through the use of a virtual storefront. Premium members will pay the annual stability fee.
6. Purchase / Order Processing, Fulfillment and Shipping
(a) Orders. The seller will be the registered merchant. Customers can request information on the Products / services through the Showcases section and can place orders using the booking system made available by Ceta Business Forum which will collect the orders and send them to the Seller. Ceta Business Forum will electronically transmit to the seller information about the order (e.g. full name of the customer, shipping address and / or an email address) (“Transaction Information”) that Ceta Business Forum determines that the seller needs to fulfill each order, including without limitation, ship the Product (s) to Customers and provide Customer Service. After a Customer has ordered a Product on the Showcases section of the site, Ceta Business Forum will send an automatic e-mail message to each Customer confirming the receipt of an order. The Supplier will provide Ceta Business Forum with the contact information of the Supplier’s Customer Service, which will include, by way of example, an e-mail address and a telephone number to which Customer’s requests can be addressed, which Ceta Business Forum may include in this confirmation e-mail and / or on the Site.
(b) Order Fulfillment. (a) Once Ceta Business Forum has transmitted an order to Vendor, Vendor will at its own expense, be solely responsible for, and bear all liability for, the fulfillment of the order, including without limitation, packaging and shipping of Products, securing the services of and payment of any freight forwarder or customs broker service charges (as may be required for any particular shipment), import or export duties or taxes (as applicable), and Customer Service.
The Vendor will contact the customer and send him all the information necessary for the payment of the Products/Services ordered.
Vendor agrees that legal ownership and all risk of loss of the Products remains with Vendor until the Customer receives the Product from Vendor. If Vendor cannot fulfill the entire quantity of a purchase order (PO) line in a single order, then the Vendor will cancel that PO line, fulfill all other lines in the order and immediately notify Ceta Business Network of such cancellation. If the order consists of one PO line that Vendor cannot fulfill the entire quantity for, then Vendor will cancel the entire order and immediately notifyCeta Business Network.
(c) Shipping Options. You are responsible for properly specifying shipping options for all Products that you offer for sale on the Showcases section Marketplace. You will provide, in a clear and identifiable manner, Customers with the shipping, handling and any other charges for each Product. You will not enable shipping for any Product in any region where the sale of such product violates any Product Policy or applicable Law. You will use reasonable best efforts to offer competitive shipping options and charges to the Customer in connection with the sale of Products on the Ceta Business Network site.
(d) Shipping Process. You will be responsible for shipping all Products purchased by Customers in a timely manner. The products must be shipped according to the conditions established with the customer. You will be responsible for all shipping charges and for any costs or charges related to shipping-related problems, including without limitation, damaged or lost Products, late shipments or misdelivery. If you cannot meet the On-Time Ship Standard for any Product, you will provide Customers with email notification of such delay and include all information that may be requested by Ceta Business Network in such notification. You will be solely liable for all costs related to any duplicate or inaccurate shipments based upon your retransmission of orders through Showcases section Marketplace. You may only send a shipment confirmation notice to customers following shipment of an order. Packaging for Products should not contain any Vendor marketing materials that are not included as standard marketing materials with all of your Product shipments, and emails sent by you to Customers in connection with an order will not contain any marketing materials or links to any Retailer or third party website, except for links to shipping websites that permit the Customer to track shipment of their order.
(e) Risk of Fraud or Loss. Please note that, you will bear all other risk of fraud or loss and all costs related thereto. Ceta Business Network will not assume the risk of fraud with any payment instrument chosen and communicated to the customer. The payment methods for the order will be communicated by the seller directly to the customer and will not involve Ceta Business Network.
7. Cancellations, Returns, Refunds, and Recalls
(a) Cancellations and Returns. You are responsible for processing all Customer cancellations, returns, refunds and/or customer service price adjustments. You will stop and/or cancel any order (which is any item(s) a customer purchases on the Showcases section marketplace) if so requested by Ceta Business Network; provided, however, that if you have transferred Products to a shipper, you will use commercially reasonable efforts to stop and or cancel delivery by the shipper. Your return and refund policies for Products sold through the Showcases section Marketplace will be no less favorable to Customers than your most favorable policies offered on your website (“Retailer Site”) for such Products, including, for avoidance of doubt, any promotional and temporary offers related to such Products. You will notify Ceta Business Network of any material changes to your customer return, refund or price adjustment policies at least 5 days prior to your implementation of such changes.
(b) Refunds. You will be responsible for all refunds due to the customer. Since Ceta Business Network does not intervene in the translation, it will be the responsibility of the customer and the Vendor to define the conditions of sale of the products/services.
8. Customer Service
(a) Obligations. You will be responsible for all customer service, as defined by issues, questions and/or concerns relating to the product, just like if you were selling the product on your website. In performing such customer service, you shall at all times represent yourself as a separate entity from Ceta Business Network. You will not disparage, denigrate or otherwise communicate negatively (whether through public means or via private correspondence) about Ceta Business Network or its affiliates or Products or services offered by or through Ceta Business Network when performing customer service obligations or any other obligation under this Agreement. If you monitor or record customer service calls, you must give notice of such monitoring or recording to all Customers during each such call prior to providing any customer service and you hereby covenant and agree to comply with all applicable Laws and regulations in connection with such monitoring or recording in the performance of customer service obligations.
9. Reporting and Audit Rights
(a) Reporting. You will, within a reasonable period of time (in any event, not to exceed 30 days) following request from Ceta Business Network, provide Ceta Business Network with any reports, information or other documentation relating to your compliance with this Agreement and applicable Law reasonably requested by Ceta Business Network. In the event Ceta Business Network requests that you provide Ceta Business Network with copies of reports that you were required to file with any other regulatory agency, you will provide such reports within 7 days of Ceta Business Network’s written request. You will also have to provide, in case you are asked, the report of all successful sales compared to the orders received through the marketplace showcase section
(b) Audit Rights. You will keep accurate and complete books, records and accounts related to Marketplace Program transactions and this Agreement, and will allow Ceta Business forum, or its duly authorized representative, the right, upon not less than 5 business days prior written notice, during the Term of this Agreement and for 2 years after its termination or expiration, to conduct, during regular business hours, full and independent audits and investigations of all information, books, records and accounts reasonably required by Ceta Business Forum to confirm your compliance with the terms of this Agreement and applicable Law.
10. Ownership and Use Rights
(a) Ownership of Showcases section Marketplace. Ceta Business Network, its affiliates, and their service providers and licensors retain all right, title and interest (including all Intellectual Property Rights) in and to (i) the Showcases section Marketplace (ii) all data received from you in connection with the foregoing, and (iii) any of their confidential or proprietary information. Except for a limited right for you to access the Ceta Business Network website made available to you in accordance with and subject to all the terms and conditions of this Agreement, Ceta Business Network, its affiliates, and their service providers and licensors, as applicable, retain all rights in the foregoing and grant no other rights or licenses (whether by implication, estoppel, or otherwise) under any of their Intellectual Property Rights under or in connection with this Agreement.
(d) Ratings and Reviews. Ceta Business Network may use mechanisms that rate or review, or allow users to rate or review, your Products/Services and your performance as a seller and Ceta Business Network may make these ratings publicly available. Ceta Business Network will have no liability to you for the content or accuracy of any ratings or reviews. You will have no ownership interest in or license to use any rating or reviews posted on the Ceta Business Network site.
(e) Suggestions and Feedback. If you provide or make available suggestions, comments, ideas, improvements or other feedback or materials to Ceta Business Network or its affiliates in connection with the Showcases section Marketplace or other subject matter of this Agreement, Ceta Business Network will be free to disclose, reproduce, modify, license, transfer and otherwise distribute, and use and exploit any of the foregoing feedback or materials in any manner and in perpetuity.
11. Termination or Suspension; Survival
Ceta Business Network may terminate this Agreement with you at any time in its sole discretion without notice to you on the Vendor Portal or otherwise. Ceta Business Network may also immediately terminate or suspend your participation in the Showcases section Marketplace, your access to Ceta Business Network Vendor Portal or remove your listings at any time in its sole discretion if you violate the terms of this Agreement.
12. General Release and Indemnification
(a) General Release. Ceta Business Network and its affiliates are not parties to any transactions through the Marketplace Program between you and any Customers or the manufacturers or distributors of such Products. You hereby release (and agree to release) Ceta Business Network and its affiliates (and their respective employees, shareholders, directors, agents and representatives) from any and all claims, costs, losses, damages (including any indirect, special incidental, or consequential damages), judgments, fines, penalties, interest, costs, and expenses (including reasonable attorneys’ fees and costs of any investigation, defense, and settlement) arising out of any Claims involving you and any third party or governmental entity or agency.
(b) Indemnity. You will defend (at Ceta Business Network option), indemnify and hold Ceta Business Network and its affiliates (and their respective employees, shareholders, directors, agents and representatives) harmless from and against any and all claims, costs, losses, damages (including any indirect, special incidental, or consequential damages), judgments, fines, penalties, interest, costs, and expenses (including reasonable attorneys’ fees and costs of any investigation, defense, and settlement) arising out of any Claims (as defined below) that arise out of or relate to: (i) any breach (or alleged acts or omissions that if true would be a breach) of any of your representations, warranties, covenants or obligations set forth in this Agreement; or (ii) the Retailer Site or other sales channels unaffiliated with Ceta Business Network, the Products, any Retailer Product Content, the advertisement, offer, sale or return of any Products, any actual or alleged infringement of any Intellectual Property Rights by you, the Products, or any Retailer Product Content, or any taxes owed by you, or the collection, payment or failure to collect or pay such taxes. You hereby agree to fully and complete cooperation with Ceta Business Network and its representatives in connection with any Claims, and to promptly provide any and all documentation, and information reasonably requested by Ceta Business Network in connection with any Claim. Ceta Business Network will have the right to control all defense and settlement of Claims.
(c) Claims. “Claim” means any action, allegation, claim, demand, lawsuit, legal proceeding, administrative or other proceedings or litigation, inquiry, audit, or investigation.
13. Limitation of Liability
No Consequential Damages. IN NO EVENT SHALL CETA BUSINESS NETWORK OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS OR LOSS OF DATA, (B) EXEMPLARY, ENHANCED, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR THE LIKE, OR (C) FOR COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER Ceta Business Network HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CETA BUSINESS NETWORK OR ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, COSTS, LOSSES, DAMAGES (INCLUDING ANY INDIRECT, SPECIAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES), JUDGMENTS, FINES, PENALTIES, INTEREST, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF ANY INVESTIGATION, DEFENSE, AND SETTLEMENT) FOR ANY REASON WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, EXCEED THE TOTAL COMMISSION FEES PAID BY YOU TO Ceta Business Network PURSUANT TO THIS AGREEMENT DURING THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES.
Survival of Limitations. THE LIMITATIONS SPECIFIED IN THIS SECTION 13 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EVENTS SECTION TERMS AND CONDITIONS
Information about ARP Group Ltd
Ceta Business Network is operated by ARP Group Ltd (Company No. C 93881) and our registered office is at The Penthouse, Carolina Court, Triq Giuseppe Calì, Ta’Xbiex – Malta (referred to as “Events section” or “Ceta Business Network”in these terms and conditions). Our VAT number is: MT26758324. If you wish to contact us, please email email@example.com, visit our “contact us” page, or write to us at our registered office.
- Ceta Business Network’s Services and Role
1.1 Ceta Business Network’s Services provide a simple and quick means for Organizers to create speaker profiles, organizer profiles, and other webpages related to their events, promote those pages and events to visitors or browsers on the Services or elsewhere online, manage online or onsite ticketing and registration, solicit donations, and sell or reserve merchandise or accommodations related to those events to Consumers or other Users. Descriptions of other and more specific services can generally be found on the Site of each of the Ceta Business Network Properties.
1.2 To use the services of the events section you must be a member of Ceta Business Network and have an active account. Ceta Busines Network is not the creator, organizer or owner of the events listed on the Services. Rather, Ceta Busines Network provides its Services, which allow Organizers to manage ticketing and registration and promote their events. The Organizer is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. The Organizer of a paid event selects the payment processing method for its event as more fully described in the Merchant Agreement. Consumers must use whatever payment processing method the Organizer selects. If the Organizer selects a payment processing method that uses a third party to process the payment, then neither Ceta Busines Network nor any of its payment processing partners processes the transaction but we transmit the Consumer’s payment details to the Organizer’s designated payment provider. If an Organizer uses Ceta Busines Network Payment Processing (as defined in the Merchant Agreement), Ceta Busines Network also acts as the Organizer’s limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Organizer.
- Privacy and Consumer Information
2.2 If you are an Organizer, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) consumers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) consumers.
- Term; Termination
3.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or Ceta Business Network decides it’s best to part ways as described in Sections 3.2 or 3.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 3.4, certain provisions will always remain applicable to both you and Ceta Business Network.
3.2 Ceta Business Network may terminate your right to use the Services at any time
- if you violate or breach these Terms;
- if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Ceta Business Network; or
- if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Ceta Business Network to legal liability.
Ceta Business Network may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Ceta Business Network ‘s sole discretion, failure to do so would materially prejudice you. You agree that Ceta Business Network will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
3.3 Except to the extent you have agreed otherwise in a separate written agreement between you and Ceta Business Network, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and Ceta Business Network governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
3.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
- Export Controls and Restricted Countries
As a global company based in the Malta with operations in other countries, Ceta Business Network complies with certain export controls and economic sanctions laws. All Users, regardless of your or the event’s location should familiarize yourself with these restrictions. In accepting these Terms you represent and warrant that:
- you are not located in, and you are not a national or resident of, any country to which the European Union, United States, United Kingdom, , Australia or Canada has embargoed goods and/or services of the same type as the Services, including without limitation, Cuba, Iran, North Korea, Syria or the Crimea region of Ukraine; andù
- you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity
- that appears on the Malta Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the U.S. Department of State’s Terrorist Exclusion List; the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List; the Consolidated List of Targets published by the U.K. HM Treasury; the Consolidated List published by the A.U. Department of Foreign Affairs and Trade;
- that is subject to sanctions in any other country; or
- that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.
- Release and Indemnification
This is where you agree to cover Ceta Business Network if you use the Service in a way that causes Ceta Business Network to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.
5.1 Release. You hereby agree to release Ceta Business Network from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
5.2 Indemnification. You agree to defend, indemnify and hold Ceta Business Network and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) relating to or arising out of:
- your breach of these Terms (including any terms or agreements or policies incorporated into these Terms);
- your use of the Services in violation of these Terms or other policies we post or make available;
- your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party;
- Ceta Business Network’s collection and remission of taxes; and
- if you are an Organizer, your events (including where Ceta Business Network has provided Services with respect to those events), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of Ceta Business Network’s gross negligence or willful misconduct.
Ceta Business Network will provide notice to you of any such Claim, provided that the failure or delay by Ceta Business Network in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Ceta Business Network may choose to handle the Claim ourselves, in which case you agree to cooperate with Ceta Business Network in any way we request.
- Disclaimer of Warranties and Assumption of Risks by You
We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.
To the extent permitted by applicable laws, the Services are provided on an “as is” and “as available” basis. Ceta Business Network expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Ceta Business Network makes no warranty that
- the Services (or any portion of the Services) will meet your requirements or expectations;
- the Services will be uninterrupted, timely, secure, or error-free; or
- the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that Ceta Business Network has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer’s personal information shared with Organizers in connection with events) or the ability of any User to perform or actually complete a transaction. Ceta Business Network has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Ceta Business Network requires to provide the Services, that an Organizer chooses to assist with an event, or that you choose to contract with when using the Services.
You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
- Limitation of Liability
7.1 To the extent permitted by applicable laws, or as otherwise set forth herein, Ceta Business Network and any person or entity associated with Ceta Business Network’s provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) (“Associated Parties”), will not be liable to you or any third party, for:
- any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Ceta Business Network has been advised of the possibility of such damages); or
- Your Content. In addition, other than the obligation of Ceta Business Network to pay out Event Registration Fees in certain circumstances to certain organizers under the Merchant Agreement, and only in accordance with the terms therein, the maximum aggregate liability of Ceta Business Network or Associated Parties is limited to the following:
- for Organizers of events with paid tickets, and subject to the terms of the Merchant Agreement, the fees (net of Ceta Business Network Payment Processing Fees) that you paid us in the three (3) month period immediately preceding the circumstances giving rise to your claim; and
- for Organizers of events with free tickets only, Consumers or other Users, (1) the total amount of all tickets or registrations that you purchased or made through the Services in the three (3) month period immediately preceding the circumstances giving rise to your claim; or (2) if you made no such purchases, one hundred Euro (EU €.100).
7.2 Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
- IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(a) Contact Us First.
If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms. This arbitration provision will survive termination of these Terms. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 8 is governed by the Malta Arbitration Act, notwithstanding the choice of law set forth in Section 8(h) below.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted as to legal disputes between you and us. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
(e) No Class Actions.
YOU AND CETA BUSINESS NETWORK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
(f) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Ceta Business Network must be addressed to the following address (“Notice Address”) and must be sent by certified mail: Ceta Business Network by ARP Group Ltd and our registered office is at The Penthouse, Carolina Court, Triq Giuseppe Calì, Ta’Xbiex – Malta . Notice to you will be addressed to a mailing, home or payment address currently on record with Ceta Business Network and must be sent by certified mail. If Ceta Business Network has no records of such physical address, such notice may be delivered to your Ceta Business Network account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Ceta Business Network and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Ceta Business Network may commence an arbitration proceeding.
(g) Arbitration Proceedings.
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration, in accordance with Part V (International Arbitration) of the Malta Arbitration Act and the Arbitration Rules of the Malta Arbitration Centre as at present in force. Additional issues which may be regulated by the arbitration agreement:
- The appointing authority/administrator of the arbitration shall be the Malta Arbitration Centre;
- The number of arbitrators shall be Three;
- The place of arbitration shall be Malta;
- The language(s) to be used in the proceedings shall be English.;
- The applicable substantive law shall be maltese;
- The arbitrator shall decide ex aequo et bono
(i) Costs of Arbitration; Legal Fees.
Payment of Legal Fees. Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator will award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) Ceta Business Network will not seek to recover its attorneys’ fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
(j) Future Changes.
Notwithstanding any provision in these Terms to the contrary, you and Ceta Business Network agree that if Ceta Business Network makes any future change to this arbitration provision (other than a change to the Notice Address) Ceta Business Network will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.
(k) Special Severability.
In the event that any provisions of this Section 9 are found to be invalid or unenforceable for any dispute or claim, then, the entirety of this Section 8 will be null and void with respect to such dispute or claim and Section 22 will apply in lieu of this Section 8.
(l) Opt Out.
You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to email firstname.lastname@example.org, with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, Ceta Business Network also will not be bound by them.
- License to the Events sectio Services
9.1 License to Services. We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable right to use our Services solely to
- browse the Services and search for, view, register for or purchase tickets or registrations to an event listed on the Services; and/or
- create event registration, organizer profile and other webpages to promote, market, manage, track, and collect sales proceeds for an event.
9.2 Restrictions on Your License. Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly
- copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services;
- reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services;
- rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner;
- remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.
9.3 Our Intellectual Property and Copyrights. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Ceta Business Network may own the Site Content or portions of the Site Content may be made available to Ceta Business Network through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of Ceta Business Network and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
9.4 Trademarks. The trademarks, service marks and logos of Ceta Business Network (the “Ceta Business Network Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Ceta Business Network. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with Ceta Business Network Trademarks, the “Trademarks”). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Ceta Business Network specific for each such use. The Trademarks may not be used to disparage Ceta Business Network, any third party or Ceta Business Network’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Ceta Business Network approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Ceta Business Network Trademark will inure to Ceta Business Network’s benefit. A number of issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by Ceta Business Network and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.
9.5 Use of Sub-domains. Ceta Business Network may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].cetabusiness.network) for a given event. All such sub-domains are the sole property of Ceta Business Network and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Ceta Business Network provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms, including without limitation, these Terms of Service. If Ceta Business Network terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.
- Licenses and Permits Organizers Must Obtain
If you are an Organizer, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:
(a) You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, “Licensure”) with respect to events hosted by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits;
(b) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances;
(c) You will only request that Ceta Business Network offer tickets to an event after you have obtained any specific Licensures for such event, including, but not limited to, any state, county, municipal or other local authority’s authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and (d) you and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for organizer to promote, produce, sponsor host and sell tickets for all events hosted by you or your affiliates on the Services
(d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to Ceta Business Network permitting you to access and use the Services, you hereby agree to release Ceta Business Network, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys’ fees, known and unknown, arising out of or in any way connected with your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
(e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold Ceta Business Network, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any Claim due to or arising out of your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events on the Site and promptly upon the reasonable request of Ceta Business Network from time to time.
- Scraping or Commercial Use of Site Content is Prohibited
The Site Content is not intended for your commercial use. You have no right to use, and agree not to use, any Site Content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Site(s).
- Fees and Refunds.
12.1 Fees That We Charge. Creating an account, listing an event and accessing the Services are free. However, we charge fees when you sell or buy paid tickets or registrations. These fees may vary based on individual agreements between Ceta Business Network and certain Organizers. Organizers ultimately determine whether these fees will be passed along to Consumers and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Consumers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Consumers for an event are not necessarily the same as those charged by Ceta Business Network to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, certain fees are meant, on average, to defray certain costs incurred by Ceta Business Network, but may in some cases include an element of profit and in some cases include an element of loss. Ceta Business Network does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
12.2 Ticket Transfers. If you wish to transfer tickets to an event you have purchased on Ceta Business Network (events section), in some instances Ceta Business Network may be able to accommodate this for you. In all other instances, please contact the Organizer of the event to arrange for ticket transfer. If you are unable to reach the Organizer, or the Organizer is unable to arrange a ticket transfer, please contact us.
12.3 Refunds. Because all transactions are between an Organizer and its respective attendees, Ceta Business Network asks that all Consumers contact the applicable Organizer of their event with any refund requests.
(a) If you are a Consumer, you acknowledge that should you receive a refund for your ticket, you will discard any ticket that we or any Organizer has delivered, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Ceta Business Network will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. Ceta Business Network will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
(b) If you are an Organizer, you acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Ceta Business Network will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. Ceta Business Network will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
- Your Account with Ceta Business Network
We may require you to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with Ceta Business Network or use the Services, including the following:
- You must be at least 18 years of age, or the legal age of majority where you reside, to use the Events Section Services.
- You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the “Registration Data”). You also agree to update this Registration Data if it changes.
- If there is a dispute between two or more persons or entities as to account ownership, Ceta Business Network will be the sole arbiter of that dispute and Ceta Business Network’s decision (which may include termination or suspension of the account) will be final and binding on those parties.
- If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Ceta Business Network all permissions and licenses provided in these Terms.
- We may provide you the ability to implement certain permission within your account to third parties including, “sub-users,” “sub-accounts,” or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account.
- You agree to immediately notify Ceta Business Network of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
- You agree to not use our services to collect any sensitive personal information, such as health information (including “protected health information” as defined in 45 C.F.R. §160.103), social security numbers, financial information, payment card numbers, driver’s license numbers, and passport numbers, unless otherwise permitted by these Terms or Ceta Business Network has consented to such collection in writing.
- Our Community Guidelines
You agree to abide by the Ceta Business Network Community Guidelines whenever you use or access our Services. Please read these carefully, as they affect what types of content and conduct are permitted on and through the Ceta Business Network Services.
- Your Content.
15.1 License. Ceta Business Network does not make any claim to Your Content. However, you are solely responsible for Your Content. You hereby grant Ceta Business Network a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Ceta Business Network’s promotional and marketing services, which may include without limitation, promotion of your event on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, Ceta Business Network does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services.
15.2 Your Representations About Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content
- does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party;
- complies with all applicable local, state, provincial, national and other laws, rules and regulations; and
- does not violate these Terms.
15.3 Additional Rules About Your Content. Your Content must be accurate and truthful. Ceta Business Network reserves the right to remove Your Content from the Services if Ceta Business Forum believes in its sole discretion that it violates these Terms, our Community Guidelines, or for any other reason. Ceta Business Network may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Ceta Business network both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- respond to claims that any of Your Content violates the rights of third parties;
- enforce or administer the Terms of Service, including without limitation, these Terms of Service; and/or
- protect the rights, property and/or personal safety of Ceta Business network, its users and/or the public, including fraud prevention.
You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
- Rules for Use of Email Tools
16.1 Ceta Business network may make available to you features and tools that allow you to contact your Consumers, other users of the Services, or third parties via email (the “Email Tools”). If you use Email Tools, you represent and agree that:
(a) you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient’s country of residence;
(c) you will use the Email Tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email, and including without limitation, the U.S. CAN-SPAM Act, the Canadian CASL, and the EU GDPR and e-privacy directive;
(d) you will only use the Email Tools to advertise, promote and/or manage a bona fide event listed on the Services;
(e) your use of the Email Tools and the content of your emails complies these Terms;
(f) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
(g) you will respond immediately and in accordance with instructions to any Consumer sent to you by Ceta Business Network requesting you modify such Consumer’s email preferences;
(h) you will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any emails to any recipient who has unsubscribed from your mailing list.
16.2 If you violate any of these Email Tools rules or if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, Ceta Business Network may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Tools.
Notices to you may be sent via email or regular mail to the address in Ceta Business Network’s records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Ceta Business Network or deliver any notice, you can do so at Ceta Business Network By ARP Group Ltd, Attn: Legal Department, The Penthouse, Carolina Court, Triq Giuseppe Calì, Ta’Xbiex – Malta. email: email@example.com
- Modifications to the Terms or Services
Ceta Business Network reserves the right to modify these Terms from time to time (collectively, “Modifications”). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following
- posting the changes through the Services;
- updating the “Updated” date at the top of this page; or
- sending you an email or message about the Modifications.
Modifications that are material will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, Ceta Business Network may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of Ceta Business Network. Ceta Business Networke is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. Ceta Business Network reserves the right modify, replace or discontinue any part of the Services or the entire Service.
We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
- Entire Agreement.
Except as otherwise set forth herein, these Terms constitute the entire agreement between you and Ceta Business Network and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Ceta Business Network on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of Ceta Business Network relating to a specified event or events.
- Applicable Law and Jurisdiction
Malta (EU), without regard to its conflict of laws rules. These laws will apply no matter where in the world you live. But if you live outside of the Malta, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. Ceta Business Network is based in Malta, and any legal action against Ceta Business Network related to our Services and that is not precluded by the arbitration provisions in these Terms must be filed and take place in Malta. Thus, for any actions not subject to arbitration, you and Ceta Business Networ agree to submit to the personal jurisdiction of the state courts (as applicable) located in Malta.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Third Party Websites; Linked Accounts; Third Party Offers
The Services may provide, or Users may provide, links to other Internet websites or resources. Because Ceta Business Network has no control over such websites and resources, you acknowledge and agree that Ceta Business Network is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Ceta Business Network partners or third party service providers. For example, if you purchase ticket insurance on Ceta Business Network from a third party, your contractual relationship is with the third party ticket insurance provider, not Ceta Business Network.
- Additional Miscellaneous Provisions
Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary and the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control.
- Additional Clauses for Users in Certain Locations
Ceta Business Network is a global company offering Organizers and Consumers the opportunity to benefit from our Services worldwide. To allow each User full advantage of our Services and applicable law, certain additional provisions included in this Section may be applicable to you.
25.1 Australian Users. If you are a User located in Australia and constitute a Consumer as defined by Australian Consumer Law while using the Services, then the following Australian Amendments available here apply to you:
- If Ceta Business Network breaches a consumer guarantee in providing its online ticketing service, you will be entitled to a refund or to any other remedy available to you under the Australian Consumer Law. By the time you purchase your ticket, however, Ceta Business Network has completed its service to you, and the fact that an event may subsequently be cancelled for reasons beyond Ceta Business Network’s control does not necessarily mean that Ceta Business Network has failed to provide an effective online ticketing service. This may impact the remedies available to you against Ceta Business Network, although you may have a separate remedy available against the event organiser under the Australian Consumer Law.
- Section 6.2 (Disclaimer of Warranties) of the Terms of Service is deleted in its entirety and replaced with the following:
To the extent permitted by the Australian Consumer Law, Ceta Business Network hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Nothing herein is intended to remove your rights to statutory guarantees provided by the Australian Consumer Laws to the extent such statutory guarantees are applicable.
Ceta Business Network uses commercially reasonable efforts to ensure that the Services are available without interruptions and transmissions are error-free. However, by the nature of the Internet, this cannot be guaranteed. In addition, Ceta Business Network may take some or all of the Services down for planned repair or maintenance from time to time. Ceta Business Network will use commercially reasonable efforts to notify you prior to such planned repairs or maintenance.
Ceta Business Network does not assume any responsibility for the content, products, services, actions or inactions of any User or third party before, during and/or after an event. You acknowledge that Ceta Business Network has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any Users’ (including Attendees’, other non-Organisers’ and Organisers’) content or listings, or the ability of any User (including Attendees and Organisers) to perform or actually complete a transaction and Ceta Business Network is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the Services, and Ceta Business Network has no responsibility for the acts or omissions of any such third party. However, Ceta Business Network wants its customers to report any such misconduct in connection with the Services by contacting us.
- The final sentence of Section 5.3 (Limitation Of Liability) of the Terms of Service is replaced with the following:
“The foregoing disclaimers shall not apply to the extent prohibited by laws applicable to you, including the Australian Consumer Law, and nothing herein is intended to remove your rights under the Australian Consumer Law, if any. To the extent that Ceta Business Network is required to make certain statutory guarantees under the Australian Consumer Law and is entitled to limit the remedies available to you for breach of such guarantees, Ceta Business Network expressly limits its liability for breach of such non-excludable statutory guarantees to the following remedies:
- supplying the affected services again; or
- paying the cost of supplying the services again.”
25.2 If you are a User located in the European Union who is an individual acting for purposes that are wholly or mainly outside of your trade, business, craft or profession while using the Services, then the following changes to the Terms of Service apply to you:
Section 6 (Disclaimer of Warranties) of the Terms of Service is deleted and replaced with the following:
Ceta Business Network uses commercially reasonable efforts to provide the Services without interruptions and such that transmissions are error-free. However, by nature of the Internet, this cannot always be achieved. In addition, Ceta Business Network may take some or all of the Services down for planned repair or maintenance from time to time. Ceta Business Network will use commercially reasonable efforts to notify you prior to such planned repairs or maintenance.
Ceta Business Network does not assume any warranty for the content, products, services, actions or inactions of any User or third party before, during and/or after an event. You acknowledge that Ceta Business Network has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any Users’ (including Attendees’, other non-Organizers’ and Organizers’) content or listings, or the ability of any User (including Attendees and Organizers) to perform or actually complete a transaction and Ceta Business Network is not affiliated with, and has no agency or employment relationship with, any third party service provider used by Users in conjunction with the Services, and Ceta Business Network has no responsibility for the acts or omissions of any such third parties. However, Ceta Business Network wants its customers to report any misconduct in connection with the Services by contacting us.
Section 7.1 (Limitation of Liability) of the Terms of Service does not apply to (a) any damages caused by any personal injury or death caused by Ceta Business Network’s negligence, and (b) any damages caused by Ceta Business Network’s gross negligence or intentional misconduct, in each case, for which Ceta Business Network’s liability shall be unlimited. In addition, for failing to discharge obligations the nature of which is essential to the performance of the Services and the purposes of the Terms of Service, Ceta Business Network’s liability shall be subject to Section 8.1 (Limitation of Liability) of the Terms of Service, but the limits shall be amended to include typical and foreseeable damages arising from such failures. The provisions of the German Product Liability Act remain unaffected.
Section 5.1 (Release) is deleted.
The following Withdrawal Rights are added as a new Section 28:
Legal Cancellation Rights for Services Performed By Ceta Business Network.
The following applies only to Organizers that are consumers (i.e., individuals acting for purposes which are wholly or mainly outside their trade, business, craft or profession while using the Services):
You may have a legal right to withdraw your agreement without giving any reason within a 14 day withdrawal period. In the case of a contract for services this withdrawal period expires 14 days from the day the contract was concluded. For goods, the withdrawal period expires 14 days from the day on which you acquire, or a third party other than the carrier indicated by you acquires, physical possession of the goods (or of the last good in case of multiple goods; or of the last lot or piece in case of goods consisting of multiple lots or pieces; or on the first good in case of the regular delivery of goods). By creating an event and commencing the sale of tickets or registrations, you consent to and expressly request that the performance of the Services begins before the 14 day withdrawal period has expired and that you will not benefit from a legal right to withdraw once the related Service (e.g., the sale of a ticket or registration on the Services) has been fully provided.
Information about Ceta Business Network
Ceta Business Network is operated by ARP Group Ltd (Company No. C 93881) and our registered office is at The Penthouse, Carolina Court, Triq Giuseppe Calì, Ta’Xbiex – Malta (referred to as “Business Directory section” or “Ceta Business Network”in these terms and conditions). Our VAT number is: MT26758324. If you wish to contact us, please email firstname.lastname@example.org, visit our “contact us” page, or write to us at our registered office.
WELCOME TO CETA BUSINESS NETWORK – Business Directory
We provide services to you subject to the notices, terms, and conditions set forth in this agreement. Besides, you will obey the rules, guidelines, policies, terms, and conditions applicable to such services before you use them. We reserve the right to change this site and these terms and conditions at any time.
Before proceeding, please read this agreement because accessing, browsing, or otherwise using the Site indicates your agreement to all the terms and conditions in this agreement.
You shall not upload, distribute, or otherwise publish through this Site any Content, information, or other material that (a) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of the Malta, Europe and Canada or the laws of any other country that may apply; or (c)violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person. Ceta Business Network may give you an account identification and password to enable you to access and use certain portions of this Site. Each time you use a password or identification, you are deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this agreement, and Ceta Business Network has no obligation to investigate the source of any such access or use of the Site.
Unless explicitly permitted by our company in advance, all materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business. We reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable laws or is harmful to our interests. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by our company in writing.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Ceta Business Network of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
If you agree to the TOU and (1) are of sufficient age and capacity to use Ceta Business Network and be bound by the TOU, or (2) use Ceta Business Network on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-ex Ceta Business Network use, non-assignable license to use Ceta Business Network in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from Ceta Business Network, ex Ceta Business Network using postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email Ceta Business Network or services that interact or interoperate with Ceta Business Network, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect Ceta Business Network content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Ceta Business Network’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse Ceta Business Network’s flagging or reporting processes. You agree not to collect Ceta Business Network user information or interfere with Ceta Business Network. You agree we may moderate Ceta Business Network access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available Ceta Business Network or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide Ceta Business Network, (iii) combine or integrate Ceta Business Network or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects Ceta Business Network or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use Ceta Business Network or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for:
(A) collecting/harvesting BUSINESS DIRECTORY users’ information, in BUSINESS DIRECTORY using personal or identifying information – €1 per violation;
(B) publishing/misusing personal or identifying information of a third party in connection with your use of BUSINESS DIRECTORY without that party’s express written consent – €.1000 per violation;
(C) misrepresenting your identity or affiliation to anyone in connection with your use of BUSINESS DIRECTORY – €.1000 per violation;
(D) posting or attempting to post Prohibited Content – €.100 per violation;
(E) posting or attempting to post Prohibited Content in any paid section of BUSINESS DIRECTORY – the price per post applicable to that section of BUSINESS DIRECTORY is €.100;
(F) sending an unauthorized/unsolicited email to an email address obtained from BUSINESS DIRECTORY – €. 25 per violation;
(G) using BUSINESS DIRECTORY user information to make/send an unauthorized/unsolicited text message, call, or communication to a BUSINESS DIRECTORY user – €.500 per text/call/communication;
(H) creating a misleading or unlawful BUSINESS DIRECTORY account or buying/selling a BUSINESS DIRECTORY account – €.400 per violation;
(I) abusing or attempting to abuse BUSINESS DIRECTORY’s flagging or reporting processes – €.10 per violation;
(J) distributing any software to facilitate violations of the USE Section – €.1,000 per violation;
(K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting BUSINESS DIRECTORY content for any purpose without our express written consent – €.3,000 for each day you engage in such violations;
(L) requesting, viewing, or accessing more than 1,000 pages of BUSINESS DIRECTORY in any 24-hour period – €.0.25 per page during the 24 hour period after the first 1,000 pages;
(M) bypassing or attempting to bypass our moderation efforts – €.4 per violation.
You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or Ceta Business Network aim, in Ceta Business network using statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
When you make a paid posting, based on your subscription plan, you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
DISCLAIMER & LIABILITY
To the full extent permitted by law, Ceta Business Network and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (”Ceta Business Network Entities”) (1) make no promises, warranties, or representations as to Ceta Business Network, in Ceta Business Network using its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Ceta Business Network on an “AS IS” and “AS AVAILABLE” basis and any risk of using Ceta Business Network is assumed by you; (3) disclaimer Ceta Business Network aim all warranties, express or implied, in Ceta Business Network using as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaimer Ceta Business Network aim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Ceta Business Network. Ceta Business Network Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, in Ceta Business Network using lost profits, revenues, data, goodwill, etc., arising from or related to Ceta Business Network, and in no event shall such liability exceed €.100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these dis Ceta Business Network disclaimers and limits, so some may not apply to you.
AIMS & INDEMNITY
Any Ceta Business Network aim, cause of action, demand, or dispute arising from or related to Ceta Business Network (”Ceta Business Network aims”) will be governed by the internal laws of Malta, without regard to conflict of law provisions, except to the extent governed by maltese law. Any Ceta Business Network aims will be ex Ceta Business Network usively resolved by courts in Malta, EU (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Malta; (2) indemnify and hold Ceta Business Network Entities harmless from any Ceta Business Network aims, losses, liability, or expenses (in Ceta Business Network using attorneys’ fees) that arise from a third party and relate to your use of Ceta Business Network and (3) be liable and responsible for any Ceta Business Network aims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
”Ceta Business Network” and the symbol logo are registered trademarks with the EUIPO Patent and Trademark Office and with multiple trademark offices around the world. ARP group ltd is the only company that holds the rights of use and marketing.
Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the ex Ceta Business Network usage and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access Ceta Business Network thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and Ceta Business Network AIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. If you reasonably believe that the content infringes your intellectual property rights, please email us at email@example.com
**NOTE** This website is for use in Canada, and the Europe’s countrys. Outside of These Area’s is not permitted to placing any listings on this website. In accordance to the General Data Protection Regulation, we ask any business or persons not to list anything on this website if you are not physically located in Canada or locations within the Europe’s countrys.
Ceta Business Network and all its sub domains ( locations ) are considered one entity. Owned and operated by the ARP Group ltd, The Penthouse, Carolina Court, Triq Giuseppe Calì, Ta’Xbiex – Malta.
By using this website for Canada and Europe’s countrys Residents ONLY, and when registering your account, you agree to the following:
This website will send you an email to verify your not a BOT or any type of SPAM. You agree to accept this email. You might also receive updates regarding your listing and other communication from Ceta Business Network. By taking any action on this website, you agree to receive these emails or communications from us regarding your listing.
If you do not wish to receive any updates or communication from us, please remove your listing(s) and all communication will stop.
Added to our Mailing List
Your email will be added to our mailing list or be subscribed to our mailing list. We might send out important information regarding your listing, updates, special promotions, news, events, any changes to your listing or our directory and other content related to business. At any time, you receive an email that has come from our mailing list such as a newsletter or any related email, you may un-subscribe anytime at the end of the email.
Your personal data on this website will NOT be shared with anyone outside of Ceta Business Network personnel which is owned and operated by ARP Group.
By creating your listing here, you agree that it is complying, with our guidelines listed below.
We reserve the right to modify, delete, upgrade & downgrade any business listing in violation of our guidelines order to prevent abuse and keep the content appropriate for our general audience. This includes people of all ages, races, religions, and nationalities. Therefore, all ads that are in violation of our guidelines are subject to being removed immediately and without prior notice. We also might add an image to your listing if one is NOT added to make for a much cleaner ad and also more content from your website. We would go to your website and print screen the logo if applicable and add it to your listing. We might also go to your website and get more information for your listing if we feel you do not provide enough content for your listing.
Deletion of OLD user accounts – Inactive accounts, and spam accounts – Mistaken deletion of active accounts – user accounts
From time to time we need to clean up inactive users. This is a long and tiresome job and there might be times that active users will get deleted. We apologize for this, but with all the spam registrations, we need to make sure our directory is working correctly. We ask you to register again, and send us an email with your listings and we will assign your listing to your NEW account.
By posting a listing on our site, you agree to the following statement:
I agree that I will be solely responsible for the content of any Business ads or business directory listing that I post on this website. I will not hold the owner of this website responsible for any losses or damages to myself or to others that may result directly or indirectly from any ads that I post here.
By posting an ad on our site, you further agree to the following guidelines and terms:
No foul or otherwise inappropriate language will be tolerated. Ads in violation of this rule are subject to being removed immediately and without warning. If it was a paid ad, no refund will be issues.
No racist, hateful, or otherwise offensive comments will be tolerated.
No ad promoting activities that are illegal under the current laws of Malta, Europe and Canada.
Any listing that appears to be merely a test posting, a joke, or otherwise insincere or non-serious is subject to removal.
Any ad that appears to be of adult content as there is no adult or anything related to adult content allowed on this website in general. This website if for all people and all ages and will be kept safe for our younger visitors and audience. Your ip address will be tracked and if we come across any illegal or otherwise dangerous material, we will report you to the authorities.
We reserve the ultimate discretion as to which listing, if any, are in violation of these guidelines.
We also might send you out emails from time to time to discuss your listing and or sales and promotions we might have. When you sign up to our directory, you will be placed on our mailing list and can request your email to be removed at any time.
We also reserve the right to delete/modify/replace/upgrade/downgrade and ad or listing of any sort on our website. If money is paid, there will be no refund at any sort.
We reserve the right to Modify your listing, images, and content. We might do this to get more keywords for your listing to have a better chance to be found in the search engines.
Barter Services – If you use these services, we are NOT responsible for people when they meet to exchange items or services. You agree to assume the Risk 100% for any bartering that happens as a result of using our websites and services.
You will add an image to your listing. Listings without images might NOT get approved. We might even go to your website and print screen your logo to add to the site. You are responsible for any image you add to any of our websites for licence or for any other legal issue that may arise as a result of using that image on our website.
We MIGHT also add your listing to our Social Media – Tumblr, Facebook, LinkedIn, Instagram & Twitter accounts to help you gain even more exposure.
If you post a business listing and it does not show an adequate description of your business, we might go to your website link you added and take information off of your website to better describe your business in more details.
Featured Business Listing: If you choose to feature your business using our featured business paid service, Your listing will appear in the featured slider section at the top of the front page for 30 days.
Images for your listing and on your website
ANY listing or Ad you post on any of our websites which has an image, MUST be licenced to you or you must hold a licence for this image unless you own the image yourself. ANY copyrighted image that you post from the internet or from any source without permission or any licence, you are held responsible for this image, not US at businessdirectory.cc or Business Directory Network. You must hold the image license agreement unless the image is from your own website or you have taken this image yourself. We are NOT responsible for any image you add to any website on our Ceta Business Network sites.
You agree that we can obtain an image from your website or from a licence FREE source to add to your listing to make it look better. Listings with an image look much better and are more professional and we want you to get as much leads from your listing as you can.
You also agree to the following terms:
Input of false or misleading information when signing up, signing in, and listing your business. Or by simple viewing our website.
Infringe any third-party right or copyright.
Distribute or contain spam, chain letters, or pyramid schemes.
Harvest or otherwise collect information about others, including email addresses, without their consent.
You agree not to hold Ceta Business Network responsible for anything that may involve you and any visitor and the items and/or services you are inquiring or may have purchased, or you listed. You also agree not to hold us liable for lost items, shipping cost, damaged items; items not up to what they are supposed to be according to the description. For any contact information or private information shared between you and any potential customers or visitors to this website.
You agree not to hold Ceta Business Network and all related sites responsible for any listing you add or view that may use medical items or services and that may do you harm in any physical or mental way. We try our best to remove such listings, but in any case, we do not, its your responsibility to do your research and investigation into these products and/or services. We are NOT responsible for any action or result that may or may not happen as a result of viewing any medical or related listing on our business directory network and all its sites.
FINAL NOTE ON LIABILITY – If you list or View any listings on any of our sites, you are using our sites at your own risk and at NO risk for liability to Ceta Business Networkand all its network of sites (locations). The use of any of our services it at your own risk. If you do not agree with this, please do NOT use our websites what so ever.
Ceta Business Network is not involved, or has any responsibility in:
The quality, safety, or legality of what’s offered from you or other businesses. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money , goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Ceta Business Network, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
First note that our website is for Canadian and European business owners and for people ONLY located within Canada, and the Europe Countrys.
We collect your information you add to your listing when you create a business ad. Our ADS are for a few years, so we keep your data for this time period. Once your AD has expired, then the AD and your data will be removed from our server. In the case where you renew your AD, then we would keep this until your AD has expired once again or until you/we remove your listing beforehand.
We do not share your data with anyone outside of our business.
In General – More Terms You Must Agree With
As a visitor of Ceta Business Network – Free Business listings or for any other service related to our business or for any product or service, we are not responsible for any security issues that happens as a result of placing a listing with Ceta Business Network. You will not come back on Ceta Business Network for anything related to our products and services, or for any security or privacy related issue. You agree that we will do our best to provide to you the best level of service. You also agree that you are responsible for all your products and services and also your privacy and Ceta Business Network is not.
By Using Our Website And Our Services Ceta Business Network – You agree also to the following:
You will not HOLD Ceta Business Network responsible or have Ceta Business Network involved in any personal or business related issue related to directly or indirectly to our website. We are not involved in any dispute not will you try to involve us what so ever.
We are not responsible for any Spam, Scams, or otherwise related virus’s or any emails you may get as a result of using our website and services.
We are simply not responsible for anything that may happen as a result of using our Business websites and all its services.
By Using Our Website And Our Services Ceta Business Network – You agree also to the following regarding your listing that could be indexed by Google or from other search engines:
If your listing is added to our website, this listing will most likely be added to Google and their database. if you wish to remove your listing, please note that it will take time to be removed from Google if it has been indexed. Google crawls our website and indexes listings. This is done automatically to allow for a search engine friendly website and for your business to be found in Google when people search for relevant keywords or phrases. If you wish it to be removed from Google, the first thing you need to do is remove from our directory, then it will be removed from Google in time. There is nothing we can do to speed up this time.
Claim/Remove Your Listings – Request Ad/Listing Claimed/Removed From Our Site.
Our Business Directory is also populated through the retrieval of public information on the Internet and search engines, or from company websites.
If you want to claim a page or an advertisement referring to your company, you can do so by following the procedure indicated at this link: https://www.cetabusiness.network/claim-your-business-page/
If you wish to remove the ad and do not wish to claim it, please email us (firstname.lastname@example.org) the information (Ad title and link) and we will take care of it. We will remove it within 24 hours. Keep in mind that it should be removed from web search engines within several days. However, this is out of our hands. We will send a request to Google to remove the URL from the list. This usually happens relatively quickly.
Thank you for your understanding.