IMPORTANT: This is a legal agreement between you the user of this website and www.buyarubacondos.com (the Website) and its owner Blue Chip Investments N.V (the company) d.b.a “Buy Aruba Condos”.
Please read the following General Terms and Conditions carefully.
USERS
This website is operated by, Blue Chip Investments N.V. an Aruba corporation registered at the chamber and with offices; Cuquisastraat 22, Oranjestad, Aruba Dutch Caribbean.
By using this website, you agree to the general terms and conditions outlined herein below.
If you do not agree with these Terms and Conditions you should not use this website.
- From time to time www.buyarubacondos.com may modify these Terms and Conditions without prior notification. In such a case, the new Terms and Conditions will be posted on this website.
- You agree to be bound by the present Terms and Conditions and any eventual modification to such as may occur. It is important that you continue to review the website for any modifications in the Terms and Conditions.
- As a user of the Website, you will at all times endeavor not to allow any virus or any other contaminating or destructive material to be transmitted from you to the Website and promise to scan and delete any such items before submitting any information to the Website.
WARRANTY RESPECTING THE WEBSITE AND ITS CONTENT
The Website and its content are provided on a free basis and www.buyarubacondos.com reserves the right to change, suspend or discontinue the Website at any time.
Subject to the provisions of these Terms and Conditions all warranties and conditions, whether express or implied by statute, common law or otherwise as to the accuracy, timelessness or completeness of any information or material on the Website are excluded to the extent permitted by law.
The company and the Website exclude any liability whether in contract, by negligence or otherwise for any incorrect or misleading information on the Website except as set out in these Terms and Conditions.
The company and the Website will not be liable to you or any third party resulting from any none authorized access to the Website.
The company and the Website will not be liable to you or any third party resulting from your failure to keep your security information secret.
The company and the Website do not warrant that the Website is compatible with your computer equipment or that the Website or its server(s) is free from errors, viruses, worms, Trojan horses or other destructive code and neither the company or the Website are liable for any damage you may suffer as a result of such destructive features;
The company and the Website shall not be held responsible for content provided by third parties or for the content of third party sites to which there is a link in the Website;
The company and the Website are not responsible for the reliability or continued availability of the telephone lines or equipment you use to access the Website; and does not give any warranty in respect of the state, condition or quality of these.
None of the photographs or illustrations of the properties, individuals, third parties, which the Website may make available should be relied upon to give an accurate or full depiction of them; accordingly, all conditions and warranties implied by law, trade, custom or practice are hereby excluded except to the extent that such exclusion is otherwise prohibited by any law.
CHANGES TO THE WEBSITE
You accept that the company and the Website have the right to change the content or technical specifications of any aspect of the Website at any time at their sole discretion.
You further accept that such changes may result in you not being able to access the Website during the time period that such changes are being made and that the Website may even have to suspend its operation from time to time to carry out maintenance and make upgrades.
NO ASSIGNMENT
You may not assign your rights or delegate your duties under these Terms and Conditions.
The Website and or company may assign its rights or delegate its duties under these Terms without prior notice to you.
DISCLAIMERS
Nothing in these Terms and Conditions shall operate to exclude or restrict either party’s liability from willful negligence or fraudulent misrepresentation.
You hereby acknowledge that you have not relied upon any representation made to you by the Website, its employees or agents in relation to any property listed herein, unless such representation has been confirmed to you in writing by the Company.
The properties listed for sale in this website belong to independent owners and do not belong to the company or Website. All information regarding the properties listed on the Website have been submitted to us by their respective owners, to be placed on the website and may contain errors and or mistakes.
The Company and Website will at all times endeavor to get verification from the owner of the property to ascertain that all information that has been posted on the Website is correct. However the Website, its employees, its agents, representatives, cannot be held liable under any circumstances for any omission or misrepresentation made by any property owner when posting his/her/their property for sale on the site.
None of the photographs or illustrations of the properties, their surroundings or of any other third party which the Website may make available should be relied upon to give an accurate or full depiction of their state or condition. Accordingly, all conditions and warranties implied by law, trade, custom or practice are hereby excluded except to the extent that such exclusion is otherwise prohibited by any law.
REMEDIES
You agree that should any liability arise against the company and or the Website under these Terms and Conditions, your sole remedy in respect of any claim shall be to notify the company and/or the website and give it enough time to correct the mistake
The company neither the Website shall not under any circumstances be liable for any: loss of business or business opportunities; loss of profits; loss of data; damage to goodwill; direct or indirect special losses being claimed by any property owner, potential buyer of any of the properties listed for sale on the website.
INTELLECTUAL PROPERTY AND OTHER RIGHTS
Any and all Intellectual Property rights; which shall include patents, inventions, know-how, trade secrets, customer contact information and other confidential information, registered designs, copyrights, database rights, design rights, semiconductor topography rights, trademarks, service marks, logos, domain names, business names, trade names, all registrations or applications to register any of the aforesaid items, rights in the nature of any of the aforesaid items in any country or jurisdiction, shall remain, the property of the company and the Website.
You will not acquire any rights or licenses in or to the Company, the Website, the Intellectual Property or any other content other than the limited rights to use the Website in accordance with these Terms and Conditions.
You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, download or in any other way exploit any part ear marked as “confidential” of the Website and/or its content. You are however allowed to save, print or share any information which is used to advertise property listings on the Website.
You are allowed to download and make copies of any material as far as this is permissible in these Terms and Conditions and as long as you are subjected to the copyrights in this document and shall remain bound by the Terms and Conditions of such wordings and notices.
You hereby agree that the Website and company may use, copy, reproduce, distribute, adopt, load, store, transmit, communicate, display, maintain and enhance any data you provide to it.
RELATIONSHIP
You understand and agree that no relationship of agency, partnership, joint venture or employee/employer is intended or created by these Terms and Conditions.
WAIVER
No waiver by the Website or of any breach or any obligation arising under these Terms and Conditions shall constitute a waiver of any breach of other obligations; and no failure by the Website to exercise any remedy shall constitute a waiver of the rights subsequent to exercises that of any other remedy.
SEVERANCE
If any part of these Terms and Conditions are held to be invalid void or unenforceable by law, the parties agree that the remaining portions will not be affected thereby and that the portion in question may be replaced by the lawful portion that most embodies the other intention of the parties and the remainder of these Terms and Conditions will remain valid and enforceable.
FORCE MAJEURE
In the event of a “Force Majeure Event” beyond the control of the Website and/or the Company, including but not limited to acts of nature, fire, explosion, adverse weather conditions, hurricane, flood, earthquake, terrorism, riot, civil uprising, war, hostilities, strikes, work stoppages, slow-downs or any other disputes, accidents, riots, acts of government, lack of electricity and delays by suppliers or materials shortages, the Website shall not be held liable for any delay or failure to carry out any of its obligations under these Terms and Conditions.
The Website shall have no liability for any delay or failure to carry out any of its obligations under these Terms and Conditions if a Force Majeure Event has occurred.
In any of the above mentioned scenarios, the Website will endeavor to restart operations as quick as it may be possible. In the event the Website is not able to or decides not to continue with its operations for an extended period of time, a notice will be placed on the site.
In the event of a temporary shutdown of the Website, this shall not exempt you from any
Obligation that you have made under these Terms and Conditions.
ACCESS TO THE WEBSITE
Blue Chip Investments N.V. as the owner of the Website, retains the right to Block your access to it any time at its own discretion.
ENTIRE AGREEMENT
These Terms and Conditions together with any documents referred to herein, constitute the entire agreement and understanding between the parties in respect of the matters dealt with in them and supersedes any other agreement.
By agreeing to these Terms and Conditions outlined herein and any of the documents referred to herein, you acknowledge that you have not relied on, neither shall have no recourse with respect to any statement, representation, warranty or understanding (whether negligently or innocently made) other than those expressly set out in these Terms and Conditions.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by the laws of Aruba and shall be subject to the exclusive jurisdiction thereof. In the event of any legal dispute between the parties hereto, in connection with these Terms and Conditions, the prevailing party will have the right to recover reasonable attorney fees.