ARBA

Terms of Use for Users

Last update: July 20, 2020
The present 'Terms and Conditions for Users' are applicable to the relations between ARBA and the Users.

By entering and/or registering on our Service you give your consent to and accept the following terms:

Identity of ARBA

ARBA International B.V. operating under the name of 'ARBA':
Address principal place of business and Correspondence address:

Van Heuven Goedhartlaan 13D,
1181 LE Amstelveen
The Netherlands
VAT: NL 857211237B01
KVK: 67880657

Basic Terms

1. You must be at least 16 years old to use the Service.

2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, ARBA prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to ARBA upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

4. You agree that you will not solicit, collect or use the login credentials of other ARBA users.

5. You are responsible for keeping your password secret and secure.

6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

9. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or ARBA.

10. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any ARBA users.

11. You must not use domain names or web URLs in your username without prior written consent from ARBA.

12. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any ARBA page is rendered or displayed in a user's browser or device.

13. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

14. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other ARBA terms.

15. Violation of these Terms of Use may, in ARBA's sole discretion, result in termination of your ARBA account. You understand and agree that ARBA cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for ARBA, we can stop providing all or part of the Service to you.

General Conditions

1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can delete your ARBA account by logging into the Service and select the button "Delete your profile" on the User's profile screen. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).

2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

3. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

4. We reserve the right to refuse access to the Service to anyone for any reason at any time.

5. We reserve the right to force forfeiture of any username for any reason.

6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

7. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that ARBA is not responsible or liable for the conduct of any user. ARBA reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

8. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. ARBA does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that ARBA is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if ARBA has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the ARBA Parties (defined below) harmless for activity related to the Application.

9. You agree that you are responsible for all data charges you incur through use of the Service.

10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles, journals, channels and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with ARBA's express consent).

Rights 1. In order for us to make the User Content you contribute available on the Service to operate, market and promote the Service, we need the right to make use of such User Content in accordance with the subject to this Agreement. Therefore, by contributing User Content to the Service or creating it on the Service you automatically grant to us an irrevocable and perpetual (except as expressly set forth in this Agreement), non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license by ourselves or with others, to use, copy, distribute, publicity perform, publicity display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media expression, in the manner in which the Service from time to time permits User Content to be used, and to license or permit others to do so. This license also grant us the right to sublicense that User Content to other Users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used. User Content that you post on or through the Service, subject to the Service's Privacy Policy, available here Privacy Policy.

2. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that ARBA may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

4. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

5. The Service contains content owned or licensed by ARBA ("ARBA Content"). ARBA Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and ARBA, ARBA owns and retains all rights in the ARBA Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the ARBA Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the ARBA Content.

6. The ARBA name and logo are trademarks of ARBA, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ARBA. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of ARBA, and may not be copied, imitated or used, in whole or in part, without prior written permission from ARBA.

7. Although it is ARBA's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, ARBA reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by ARBA, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, ARBA encourages you to maintain your own backup of your Content. In other words, ARBA is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. ARBA will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

8. You agree that ARBA is not responsible for, and does not endorse, Content posted within the Service. ARBA does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

9. Except as otherwise described in the Service's Privacy Policy, available at Privacy Policy, as between you and ARBA, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with ARBA is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place ARBA in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of ARBA, and ARBA will not be liable for any use or disclosure of any Content you provide.

10. It is ARBA's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, ARBA does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that ARBA is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Subscriptions

Acknowledgement: This EULA is concluded between ARBA International BV and the End-User only, and not with Apple or Google, and ARBA International BV is solely responsible for the Licensed Application and End Users for the content thereof.


Maintenance and Support: ARBA International is solely responsible for providing any maintenance and support services with respect to the Licensed Application. Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

Product Claims: ARBA International BV is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with our Licensed Application’s use of the HealthKit and HomeKit frameworks.



Legal Compliance: The End-User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.


Product 1: Premium for Companies


ARBA Premium for Companies subscriptions are non-refundable. If you cancel your Premium subscription, all of your Premium features, will expire at the end of your billing cycle.

Billing cycle: 1 month.

If you cancel your Premium subscription and return to a free Basic account, you'll still retain your profile, connections, and other data. However, you'll lose access to Premium features like Company blog, Special offers , Role management.

Every user can have up to 5 active subscriptions.


Note: If you sign up for a free trial and then cancel it, you won't be eligible to sign up for another free trial for at least 12 months.

To cancel your Premium subscription on a iOS:

1. Launch the App Store app.
2. Click the Sign In button or [Your Name] at the bottom right.
3. Click View Information at the top.
4. Sign in with your Apple ID, if asked.
5. On the resulting page, go to Subscriptions > Manage.
6. Click Edit next to any subscription you want to cancel.

To cancel your Premium subscription on Android:

1. On your Android phone or tablet, open the Google Play Store .
2. Check if you're signed in to the correct Google Account.
3. Tap Menu. Subscriptions.
4. Select the subscription you want to cancel.
5. Tap Cancel subscription.
6. Follow the instructions.

More information about canceling your Premium subscription:

1. To avoid getting charged for the next billing period, you need to cancel at least one day before the billing date.
2. Cancelation will end billing and remove your access to any Premium features at the end of your current billing cycle.
3. If you were on a plan, promotion, or price that is no longer offered, you won't be able to re-purchase that same plan or with the promotional price.
4. You'll only be able to delete your payment method at the end of your current billing cycle.

Product 2: Channel for Motor Clubs.


ARBA Channel for Motor Clubs subscriptions are non-refundable. If you cancel your subscription, all of your Motor Club features, will expire at the end of your billing cycle.

Billing cycle: 1 month.

If you cancel your Motor Club subscription and return to a free Regular channel, you'll still retain your profile, connections, and other data. However, you'll lose access to Premium features like Creating new Events, Event Chat, Live Sharing Location, Role management.


Note: If you sign up for a free trial and then cancel it, you won't be eligible to sign up for another free trial for at least 12 months.

To cancel your Motor Club subscription on a Mac:

1. Launch the App Store app.
2. Click the Sign In button or [Your Name] at the bottom right.
3. Click View Information at the top.
4. Sign in with your Apple ID, if asked.
5. On the resulting page, go to Subscriptions > Manage.
6. Click Edit next to any subscription you want to cancel.

To cancel your Premium subscription on Android:

1. On your Android phone or tablet, open the Google Play Store .
2. Check if you're signed in to the correct Google Account.
3. Tap Menu. Subscriptions.
4. Select the subscription you want to cancel.
5. Tap Cancel subscription.
6. Follow the instructions.

More information about canceling your Motor Club subscription:

1. To avoid getting charged for the next billing period, you need to cancel at least one day before the billing date.
2. Cancelation will end billing and remove your access to any Motor Club features at the end of your current billing cycle.
3. If you were on a plan, promotion, or price that is no longer offered, you won't be able to re-purchase that same plan or with the promotional price.
4. You'll only be able to delete your payment method at the end of your current billing cycle.


Product 3: Digital Service Book for Companies -
independent automotive garages providing service of vehicle maintenance.

ARBA Digital Service Book (DSB) subscriptions for Companies are non-refundable. If you cancel your DSB subscription, all of your DSB features, will expire at the end of your billing cycle.

Billing cycle: 1 year.


If you cancel your Digital Service Book subscription and return to a free Basic account, you'll still retain your profile, connections, and other data. However, you'll lose access to DSB features like appointment management, chat "ask a question", uploading invoices, indicators and recommendations to your customers.



Notes:

1. You're required to input a credit card number to get the free trial.
2. Your free trial expires exactly one month after it's redeemed. It'll convert to a paid subscription and your card will be charged if you don't cancel your trial before it expires.
3. Billing cycles for free trials and billing charges are based on the date and time that the subscription was activated, in Universal Time Coordinated (UTC).
4. To avoid getting charged, you'll need to cancel at least one day before your trial ends. You can confirm the billing date from your settings page.
5. If you've used a free subscription trial, you won't be eligible for another free trial for at least 12 months.