THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A WAIVER OF YOUR RIGHTS TO HAVE DISPUTES HEARD IN COURT AND PARTICIPATE IN A CLASS ACTION. UNLESS YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS OF YOUR FIRST USE OF THE WEBSITE, AS DESCRIBED IN SECTION 9, ANY DISPUTE COVERED BY THESE TERMS MUST BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN IN COURT. ARBITRATION IS MANDATORY AND SERVES AS THE EXCLUSIVE METHOD FOR RESOLVING SUCH DISPUTES, EXCEPT WHERE THE EXCEPTIONS SET OUT IN SECTION 9 APPLY.
1. ACCEPTANCE OF TERMS
These Terms and Conditions of Use (the “Terms”) govern your access to and use of the website available at https://arnor.fit/ (the “Website”) and its content, features and services.
The Website is operated by ARNOR LIMITED, registration number ΗΕ 498843, a company incorporated under the laws of the Republic of Cyprus, with its registered office at 84 Spyrou Kyprianou Avenue, 4004 Limassol, Cyprus (“Arnor,” “we,” “us” or “our”).
By accessing or using the Website, you agree to these Terms and our Privacy Policy, which forms part of these Terms by reference. If you do not agree with these Terms, you must not access or use the Website.
If you are not legally capable of entering into a binding agreement, or if your use of the Website is prohibited by applicable law, you may not use the Website.
1.1. Changes to these Terms
We may amend these Terms from time to time. When we do so, we will update the “Last updated” date above. Unless applicable law requires otherwise, the updated Terms will become effective when published on the Website.
Your continued use of the Website after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Website.
1.2. Language
These Terms are originally drafted in English. We may make translations available for convenience. If there is any inconsistency between the English version and a translated version, the English version will prevail and will constitute the legally binding version.
2. USE OF THE WEBSITE
You may use the Website only in accordance with these Terms and all applicable laws and regulations.
By using the Website, you represent and warrant that:
- you have the legal capacity to enter into these Terms;
- any information you provide to us is accurate, complete and up to date;
- your use of the Website does not violate any applicable law, regulation or third-party rights; and
- you are not prohibited from using the Website under applicable sanctions or export-control laws.
You must not use the Website in a way that could damage, disable, overburden or impair its operation or interfere with another person’s use of it.
In particular, you agree not to:
- use the Website for an unlawful, fraudulent or unauthorized purpose;
- collect or extract Website data systematically, including for the purpose of creating a database, directory or similar collection, without our prior written permission;
- use bots, spiders, crawlers, scrapers or other automated means to access or collect information from the Website, except where expressly authorized by us;
- attempt to bypass security measures or access areas or systems that you are not authorized to access;
- introduce viruses, malware, corrupted files or other harmful code;
- interfere with or place an unreasonable burden on the Website or its underlying infrastructure;
- frame, mirror or otherwise reproduce the Website or any substantial part of it without our prior written consent;
- use the Website or our intellectual property to create, develop or operate a competing product or service;
- use the Website to send unsolicited commercial communications or automated queries to third-party services;
- impersonate another person or misrepresent your relationship with Arnor or another person; or
- otherwise breach these Terms or applicable law.
We may modify, suspend or discontinue the Website, or any part of it, at any time. We may also introduce, modify or remove features, including free or paid features. We are not required to maintain any particular feature or functionality of the Website.
We may restrict, suspend or terminate your access to the Website if we reasonably believe that you have breached these Terms, applicable law or the rights of another person.
3. CONTENT AND INTELLECTUAL PROPERTY
Unless otherwise stated, the Website and everything made available through it, including text, articles, photographs, illustrations, graphics, video, audio, music, software, trademarks, logos, designs, compilations, databases and other materials (together, the “Content”), belongs to Arnor or is used by us under appropriate rights or licences.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable right to access and use the Website and Content for your personal, non-commercial purposes.
Except as expressly permitted by these Terms or applicable law, you may not:
- reproduce, distribute, sell, license or commercially exploit the Website or Content;
- modify, adapt, translate or create derivative works from the Website or Content;
- remove or alter copyright, trademark or other proprietary notices;
- reverse engineer, decompile or disassemble any software forming part of the Website;
- use our intellectual property to develop or promote a competing product or service; or
- otherwise use the Website or Content in a manner that exceeds the rights granted to you under these Terms.
Nothing in these Terms transfers ownership of any intellectual property to you. All rights not expressly granted to you are reserved by Arnor and the applicable rights holders.
4. USER CONTENT
You may have an opportunity to submit comments, feedback, materials, text, images or other content through the Website (“User Content”).
You retain ownership of your User Content. We do not claim ownership of intellectual property rights that you already own in such content.
By submitting User Content, however, you grant Arnor a non-exclusive, worldwide, transferable, perpetual and irrevocable licence to use, reproduce, publish, distribute, publicly display and publicly perform that User Content in connection with the Website and our operation, promotion and development of our services.
You are responsible for the User Content you submit and represent that:
- you have the rights and permissions necessary to submit it and grant the licence described above;
- it does not infringe any third-party intellectual property, privacy or other rights;
- it does not violate applicable law; and
- it does not contain malicious software or other material capable of interfering with the Website.
We do not assume responsibility for User Content submitted by users. We may, but are not obliged to, review, moderate, remove or restrict access to User Content where we consider this appropriate.
5. THIRD-PARTY SERVICES
The Website may contain links to third-party websites, services, resources or advertisements (“Third-Party Services”).
Third-Party Services are operated independently from Arnor. We do not control or endorse them and are not responsible for their availability, content, accuracy, security, privacy practices or terms.
Your use of a Third-Party Service is subject to the terms and policies of the relevant third party. You should review those terms and policies before using the relevant service or entering into a transaction with a third party.
Any transaction or other relationship between you and a third party, including any purchase, payment, delivery or provision of services, is solely between you and that third party.
To the fullest extent permitted by law, you release Arnor and its officers, directors, employees, agents, successors and affiliates from claims arising from your interactions with third parties or your use of Third-Party Services.
6. AVAILABILITY AND DISCLAIMERS
We aim to provide a reliable Website, but we cannot guarantee that it will always be available, uninterrupted, secure or error-free.
The Website and Content are provided on an “as is” and “as available” basis, to the fullest extent permitted by applicable law.
We make no representation or warranty, express or implied, regarding the Website or Content, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose, or any warranty arising from a course of dealing or usage of trade.
In particular, we do not warrant that:
- the Website or Content will always be accurate, complete, current or reliable;
- the Website will be available at any particular time or location;
- defects or errors will always be corrected;
- the Website or Content will be free from viruses or other harmful components; or
- use of the Website will produce any particular result or outcome.
Information available through the Website is provided for general informational purposes and should not be treated as professional, legal, financial, medical or other specialized advice unless expressly stated otherwise.
7. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Arnor and its affiliates, licensors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or anticipated savings, arising out of or relating to:
- these Terms;
- your access to or use of, or inability to use, the Website;
- the Content or User Content; or
- any Third-Party Services,
even if we have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, your access to and use of the Website, Content, User Content and Third-Party Services is at your own discretion and risk, and you are responsible for any damage to your device or loss of data resulting from such use.
Subject to any liability that cannot lawfully be excluded or limited, the aggregate liability of Arnor to you for all claims arising out of or relating to the Website or Content shall not exceed EUR 100.
Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law. Certain jurisdictions do not permit the exclusion or limitation of certain damages or liabilities, in which case the relevant limitations may not apply to you and you may have additional rights.
8. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Arnor, its affiliates, successors, suppliers, licensors and partners, and their respective directors, officers, employees, agents and representatives, from claims, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or relating to:
- your use of the Website;
- your User Content;
- your breach of these Terms; or
- your violation of applicable law or the rights of another person.
We may assume the exclusive defence of any matter for which you are required to indemnify us. In such circumstances, you agree to provide reasonable cooperation. You may not settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any claim or proceeding for which indemnification may be sought.
9. DISPUTE RESOLUTION
9.1. Arbitration
Except where prohibited by applicable law, any dispute or claim arising out of or relating to these Terms (including any dispute concerning the formation, interpretation, validity, enforceability or breach of these Terms) or the Website shall be resolved by final and binding confidential arbitration rather than in court, except for matters that may properly be brought before a small claims court or matters for which arbitration is prohibited by applicable law.
By agreeing to arbitration, you acknowledge that you are giving up the right to have a dispute decided by a judge or jury in court. Arbitration may also provide more limited rights of discovery and appeal than court proceedings.
Nothing in this Section prevents either party from seeking appropriate equitable relief from a competent court to protect its copyrights, trademarks, patents or other intellectual property rights.
The parties intend that the arbitration provisions set forth in this Section shall be governed by and construed in accordance with the Federal Arbitration Act of the United States. If any provision of this Section is held to be invalid, unenforceable, or inapplicable, in whole or in part, any dispute, claim, or controversy that is no longer subject to arbitration as a result of such determination shall be resolved by a court of competent jurisdiction in accordance with Section 10.
9.2. Individual proceedings
To the fullest extent permitted by law, you and Arnor agree that claims may be brought only on an individual basis and not as a plaintiff, class member or representative in any class, collective, representative or consolidated proceeding. The arbitrator may not consolidate the claims of multiple persons or conduct a class, collective or representative proceeding.
9.3. Arbitration procedure
The American Arbitration Association (“AAA”) will administer the arbitration under its applicable rules, as modified by these Terms.
Before commencing arbitration, the party seeking arbitration must send the other party written notice describing the nature and basis of the claim and the relief sought. Any such notice shall be delivered through a trackable international courier service. Where no mailing address has been provided to us, we may instead use any reasonable means of communication available to us, including e-mail.
Notice to Arnor must be sent to:
ARNOR LIMITED
84 Spyrou Kyprianou Avenue,
4004 Limassol, Cyprus
If the parties do not resolve the dispute within 30 days after receipt of the notice, either party may commence arbitration or, where permitted, bring an individual claim in small claims court.
The arbitration will be conducted in English before a single independent and impartial arbitrator, appointed under the applicable AAA rules, whose primary place of business shall be in Limassol, Cyprus.
Unless otherwise agreed, the arbitration may be conducted remotely and/or on the basis of written submissions without requiring the parties or witnesses to appear in person.
The arbitrator shall issue a final and confidential award within 90 days after his or her appointment. The arbitrator may extend this deadline by up to an additional 30 days upon a showing of good cause and where the extension is warranted in the interests of justice. The arbitrator shall issue the award in writing and shall provide a reasoned explanation setting forth the basis for the disposition of each claim submitted for determination.
The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.
The arbitration will be confidential, except where disclosure is required by law or necessary to enforce or challenge an award.
9.4. Limitation period
To the fullest extent permitted by law, any claim arising out of or relating to these Terms, the Privacy Policy or the Website, other than a claim for indemnification, must be brought within one (1) year after the claim accrues. Otherwise, the claim is permanently barred.
9.5. Changes to arbitration provisions
If we make a material change to this arbitration provision, other than a change to our address for arbitration notices, you may reject the change by sending us written notice within 30 days after the change.
If you reject the change, you must stop using the Website, and the arbitration provision in effect immediately before the rejected amendment will continue to apply to disputes arising thereafter.
9.6. Opting out
You may opt out of this arbitration provision within 30 days after your first use or attempted use of the Website.
To opt out, you must send a signed written notice to legal@arnor.fit or to the address specified above. Your notice must contain sufficient information for us to identify you.
If you do not opt out within the applicable period, you will be bound by this arbitration provision to the extent permitted by applicable law.
10. GOVERNING LAW AND COURTS
Except to the extent that the arbitration provisions above require otherwise, these Terms and your use of the Website are governed by the laws of England and Wales, without regard to its conflict-of-laws principles.
To the extent a dispute may lawfully be brought before a court rather than resolved through arbitration, the courts having exclusive jurisdiction shall be the courts of Limassol, Cyprus. You agree to submit to the jurisdiction of those courts and waive, to the extent permitted by law, any objection based on inconvenient forum.
11. MISCELLANEOUS
11.1. Entire agreement
These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and Arnor concerning your use of the Website and supersede prior agreements, representations or understandings concerning the same subject matter.
11.2. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.
11.3. No waiver
If we do not immediately enforce a provision of these Terms, this does not mean that we waive our right to enforce it later. A waiver of one breach does not constitute a waiver of any subsequent breach.
11.4. Assignment
We may assign, transfer or otherwise dispose of any or all of our rights and obligations under these Terms, including by way of novation, without obtaining your consent.
Publication of an updated version of these Terms identifying another entity as a party to them may constitute notice of such transfer unless otherwise stated.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
11.5. Electronic communications
Communications between you and Arnor may take place electronically.
You agree that electronic notices, disclosures, agreements, records and other communications have the same legal effect as communications in writing, to the extent permitted by applicable law.
Where the Website allows you to click “SUBMIT,” “CONTINUE” or a similar button, you acknowledge that your action may constitute an electronic signature and evidence your intention to be legally bound.
You consent to the use of electronic records, electronic signatures and electronic delivery of notices, policies and transaction records.
12. CONTACT US
If you have questions about these Terms, the Website, or wish to send us a formal notice, please contact us at:
ARNOR LIMITED
84 Spyrou Kyprianou Avenue,
4004 Limassol, Cyprus
Email: legal@arnor.fit