TERMS AND CONDITIONS

TERMS OF USE
 
Terms of Use Agreement
 
Welcome to the Terms of Use Agreement (the "Agreement"). This Agreement describes the terms and conditions applicable to your use of the aurea.mu and services available under the domain https://www.aurea.mu (the "Site"). This Agreement is entered into between you as the user of the Site (the "User") and the Association Aurea (the “Association”).
 
  1. Application of and Acceptance of Terms and Conditions
 
  1. For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with the Association as a registered user. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
 
  1. By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User, and you shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
 
  1. The Association may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by aurea.mu of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorised officer of the Association.
 
  1. Premium Services
 
  1. Access to the Site and some features are provided to all Users free of charge. The Association reserves the right, without prior notice, to restrict access to certain areas or features of the Site.
 
  1. The Association reserves the right to deny any services to any User for whatever reason in order to protect the Association's interests.
 
  1. Users Generally
 
  1. Each User agrees that it shall not copy, reproduce or download any information, text, images, directories, files, databases or listings available on or through the Site (the "Association Content") for the purpose of re-selling or re-distributing the Association Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with the Association, or otherwise commercially exploiting the Association Content, without its express and written prior approval. Systematic retrieval of the Association Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from the Association is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
 
  1. Some of the Association content displayed on this Site is provided by its upstream providers of products and services. These providers are termed as third parties ("Third Party Content"). Any Third-Party Content is the sole responsibility of the party who provided the content. The Association is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third-Party Content, and shall not be liable to any User in connection with such User's reliance of such Third-Party Content. In addition, the Association is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
 
  1. The Association may allow Users access to content, products or services offered by third parties through hyperlinks to such third party's web site. Users are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites. Users acknowledge that the Association has no control over such third party's web site, does not monitor such sites, and the Association shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
 
  1. Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 4.4 below.
 
  1. The Association reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User hereby agrees that in no event shall the Association be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
 
  1. No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by the Association and/or any other User and no User shall attempt to gain unauthorised access to such computer systems or networks.
 
  1. The Agreement should be read together with the Association’s Privacy Policy which governs the protection and use of each User's information in the Association's possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto.
 
  1. Registered Users
 
  1. For terms applicable to unregistered users refer to section 5 of this Agreement
 
Each User who has filled out an on-line registration form on the Site by giving its information (such as name, organisation name, username, address, telephone and fax number, email address, details of its business, etc.) is a registered user of the Association (a "Registered User"). The Association will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("ID") and password ("Password") for log-in access to its own Account.
 
  1. If the Registered User is a business entity, it must represent that:
 
  1. It has the authority to bind the entity to this Agreement;
  2. The address it uses when registering is the principal place of business of such business entity and is not a PO Box address; and
  3. All other information submitted to the Association during the registration process is true, accurate, current and complete.
  4. For the purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
 
  1. the Association may suspend or terminate a Registered User's Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if:
 
  1. In the Association’s determination, there is any breach of the provisions of this Agreement by the Registered User; or
  2. the Association has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or
  3. the Association believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, the Association's other Users, or the Association or its affiliates.
 
  1. A Registered User may not use our services for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature. Further, a Registered User shall not publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence. Each incident breaching this term will result in the immediate suspension of the Registered User's account, and Legal actions may be taken.
 
  1. A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, ID or Password to a third party without the prior written consent of the Association. The Association may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
 
  1. The Association may refuse registration and deny the issuance of an Account and associated Member ID and Password to any User for whatever reason.
 
  1. All Registered Users agree to receive occasional service update emails. These emails are sent to inform registered users of the latest updates to our service. A Registered User agrees to receive these emails as part of the service.
 
  1. A Registered User is also bound by our Affiliate Program terms. A Registered User may receive affiliate links, which can be used to promote the Association. Each affiliate link creates a cookie on the referral machine, which will expire after 30 days from the first visit.
 
  1. Limitation of Liability
 
  1. The features and services on the Association site are provided on an "as is" and "as available" basis, and the Association hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
 
  1. The Association makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the site. the Association does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third party rights; and the Association makes no representations or warranties of any kind concerning any product or service offered or displayed on the Association site.
 
  1. Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from the Association or through or from the Site shall create any warranty not expressly stated herein.
 
  1. Under no circumstances shall the Association be held liable for a delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
 
  1. Each User hereby agrees to indemnify and save the Association, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save the Association, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to the Association, including but not limited to those set forth in above sections. Each User hereby further agrees to indemnify and save the Association, its affiliates and/or members, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that the Association is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. the Association reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Association in asserting any available defenses.
 
  1. The Association shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
 
  1. the use or the inability to use the Site;
  2. any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
  3. violation of Third Party Rights or claims or demands that Users' manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
  4. unauthorised access by third parties to data or private information of any User;
  5. statements or conduct of any User of the Site; or
  6. any matters relating to Services however arising, including negligence.
 
  1. Intellectual Property Rights
 
  1. The Association is the sole owner or lawful licensee of all the rights to the Site and the the Association Content. The Site embodies intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and the Association’s Content shall remain with the Association and/or its affiliates or licensors, as the case may be. All rights not otherwise claimed under this Agreement or by the Association are hereby reserved.
 
  1. "Association Aurea", and related icons and logos are trademarks or service marks of the Association and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
 
  1. Notices
 
  1. All notices or demands to or upon the Association shall be effective if in writing and shall be duly made when sent to the Association in the following manner: to The Secretary, Association Aurea, E237 Aurea Bois D'Ebene, Cote D'Or, Highlands, Morcellement Aurea, Mauritius.
 
  1. All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to the Association, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
 
  1. the Association is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User; or
 
  1. Immediately upon the Association’s posting such notice on an area of the Site that is publicly accessible without charge.
 
  1. General
    1. This Agreement and the Privacy Policy constitute the entire agreement between the User and the Association with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.
 
  1. The Association and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
 
  1. If any provision herein is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
 
  1. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
 
  1. The Association's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives the Association’s right to act with respect with subsequent or similar breaches.
 
  1. The Association shall have the right to assign its obligations and duties in this Agreement.
 
  1. This website is the property of Association Aurea.