Welcome to Arueka: Connecting Skilled Hands with Community Needs

At Arueka, we're dedicated to revolutionizing how Bahamians access and provide services. Our platform is a dynamic marketplace that brings together Service Providers with diverse skill sets and clients seeking top-notch services. Before you embark on this collaborative journey, it's important to understand what we offer to both our valued Service Providers and discerning clients.

For Service Providers: A Gateway to Opportunity

For talented individuals and businesses across the Bahamian Family Islands, Arueka presents a unique opportunity to leverage the use of modern technology at a low cost to showcase skills, expand client bases, visualize business activity, reduce the cost of technology implementation, and build a thriving business. Our platform empowers you with cutting-edge tools, seamless payment systems, and a robust support network to help you succeed. Whether you're a seasoned professional or just starting out, Arueka opens doors to a world of possibilities.

For Clients: Your Trusted Service Companion

As a client, Arueka is your go-to destination for finding reliable and verified service providers. We understand the importance of quality, convenience, and transparency in every service experience. With Arueka, you can confidently browse a wide range of services, select the perfect Service Provider, and enjoy a seamless booking process. Plus, our secure online payment system and User reviews help to ensure you're in safe hands every step of the way.

Please take a moment to review our Terms of Service in detail, as they provide the foundation for a positive and collaborative Arueka experience. If you have any questions or need further clarification, our dedicated support team is always here to assist you.

Thank you for choosing Arueka, where skills meet needs, and opportunities flourish!

This document outlines the terms and conditions ("Terms") that govern your use of the Arueka platform. Please read these Terms carefully. By using our platform, you agree to comply with these Terms. If you do not agree with these Terms, you should not use our platform.

Definitions

"User": A natural person or business entity that procures services from Service Providers through the Arueka platform. "You" and "Your" refer exclusively to the User. "We", "Us", "Our", “Platform”, “Site”, and "Arueka" refer exclusively to Arueka Ltd., a Bahamian corporation.

For the purposes of these Terms, the following terms shall be defined as follows:

• The “User” (“Customer”): A natural person or business entity that procures services from Service Providers through the Arueka platform.

1. 1. The “Service Provider”: A natural person or business entity that sells services on the Arueka platform.

• The “Residential User”: A natural person or entity not engaged in commercial activities, who seeks services from Service Providers via the Arueka platform.

• The “Commercial User”: An entity, partnership, corporation, or any other organized form of business that procures services from Service Providers through the Arueka platform, with the intent of furthering its commercial ventures.

• The “Service”: Any product, offering, or work by a Service Provider, presented, delivered, or fulfilled through the Arueka platform, in consideration for a stipulated and agreed-upon fee.

• The “Content”: includes text, images, photos, audio, video and all other forms of data or communication submitted by Service Providers, Users and/or Arueka.

1. 1. 1. Service Provider Content refers to content that you submit/transmit through our Site including ratings and reviews and information that forms part of your account profile.
      2. User Content refers to Content that the User submits or transmits through the Site,
      3. Arueka Content refers to Content that we created and have made available on the Site.
      4. Third Party Content refers to Content that is available on the Site by parties other than Arueka or its Users which includes data providers.
      5. Site Content refers to all of the Content that is available on the Site, including that of the Service Provider,User Third Party and Arueka Content.

• The “Transaction Fee”: A charge on each purchase of a Service on Arueka.

Acceptance of Terms

By accessing and using our website, you confirm that you have read, understood, and agree to be bound by these terms in their entirety. If you are accessing our services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.

Modifications

Arueka may periodically update or revise these terms. We will make reasonable efforts to notify Users and Service Providers of significant changes through our platform or via email. Users and Service Providers who continue to use our services after such notifications are deemed to have accepted the revised terms.

User and Service Provider Conduct

Compliance with Platform Guidelines:

Users and Service Providers must ensure that their activities align with our platform's guidelines and do not infringe on the rights of others.

Prohibited Activities:

Users and Service Providers are prohibited from sharing or distributing copyrighted or proprietary materials without proper authorization. Any form of spamming, phishing, or distributing malware is strictly prohibited and will result in immediate account suspension and possible legal action depending on the severity of the activity and impact to our platform and our Users and Service Providers.

User and Service Providers Responsibilities

Accurate Information:

Users and Service Providers are required to provide accurate and up-to-date information during the registration process and all subsequent transactions. This includes but is not limited to personal details, contact information, delivery/service fulfillment address, and payment details.

Understanding Terms of Service:

Users are responsible for thoroughly reviewing and comprehending the terms of service, return policies, and warranties provided by Service Providers before engaging a Service Provider and/or making a purchase. If you have any questions or concerns regarding these terms, it is your responsibility to seek clarification from the respective Service Provider.

Adherence to Payment Terms and Deadlines: Users must adhere to all payment terms and deadlines specified by Arueka and the respective Service Providers. Failure to comply with payment terms may result in the cancellation of services and/or orders.

Account Management

Security of Account Credentials:

Users and Service Providers are responsible for ensuring the security of their account credentials. Any unauthorized access or suspected breach should be promptly reported to Arueka's support team.

Updating Contact and Payment Information:

It is the User and Service Provider’s responsibility to keep their contact and payment information updated on the platform. Outdated information may lead to complications in the transaction process.

Payments

Credit/Debit Card Information:

Arueka does not store credit/debit card information and details.

Approved Payment Methods:

Users and Service Providers must use approved payment methods available on the platform. These methods are designated as secure and reliable for conducting transactions on Arueka.

Finality of Sales:

All sales conducted on Arueka are considered final unless otherwise stated in the Service Provider's return policy. It is recommended that clients familiarize themselves with the return policy of the Service Provider before making a purchase.

Purchasing Guidelines

Respect for Intellectual Property:

Users and Service Providers must respect the intellectual property rights of Arueka and Service Providers offering services on Arueka. Unauthorized copying or distribution of content, including but not limited to text, images, and videos, is strictly prohibited.

Inquiries and Concerns:

Any inquiries or concerns about a product or service should be directed to the respective Service Provider before making a purchase. This allows Service Providers to address any specific requirements or concerns you may have.

Responsibility for Property Confirmation:

By purchasing a service on Arueka, you explicitly confirm and accept responsibility or ownership for the property associated with the provided service. This confirmation includes, but is not limited to, the understanding that any actions, modifications, or services conducted at the requested delivery/fulfillment address are the User's and the Service Provider’s responsibility. Arueka shall not be held liable for any discrepancies, damages, or disputes related to the User's confirmed responsibility for the property. Users are urged to ensure the accuracy of property details before finalizing any service transaction.

Platform Use

Fair Use:

Users and Service Providers are strictly prohibited from manipulating the platform's search and ranking functions, engaging in any form of fraudulent activity, or creating multiple accounts with the intention of misleading other Users and Service Providers.

Compliance:

Users and Service Providers must, without exception, adhere to all local, national, and international laws and regulations while utilizing the platform and conducting transactions therein.

Customer Confidentiality

Any mishandling, breach, or unauthorized disclosure of customer information is solely the responsibility of the individual Service Provider. Service Providers are urged to adopt robust privacy measures, including secure data storage and communication practices.

By joining Arueka as a Service Provider, you acknowledge and agree that customer confidentiality is a paramount aspect of your service responsibility, and any lapses in this regard are not the liability of Arueka.

Termination

Arueka may, at its discretion, issue warnings, suspend, or terminate accounts of Users and Service Providers who breach these terms. Users and Service Providers can request account deletion by contacting our support team. However, certain transactional records may be retained for legal and compliance purposes.

Disclaimers

Arueka strives to provide accurate and up-to-date information. However, we cannot guarantee that all information on our platform is error-free or current. Users and Service Providers are advised to exercise discretion and conduct their due diligence, especially when making business decisions based on our content or services.

Limitation of Liability

1. Exclusion of Certain Types of Damages 

To the fullest extent permitted by the laws of The Bahamas, in no event shall Arueka, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: 

(a) Use or Inability to Use: Your access to or use of or inability to access or use the Platform;

(b) Content: Any conduct or content of any third party on the Platform, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;

(c) Services Provided: Any services obtained through the Platform or any interactions between other Users of the Platform, whether between Customers and Service Providers or otherwise;

(d) Unauthorized Access: Any unauthorized access, use, or alteration of your transmissions or content. 

2. Limitation of Liability 

To the fullest extent permitted by the laws of The Bahamas, Arueka assumes no liability or responsibility for any: 

(a) Errors or Inaccuracies: Errors, mistakes, or inaccuracies of content; 

(b) Unauthorized Access or Use: Unauthorized access to or use of our secure servers and/or any and all personal information stored therein; 

(c) Interruption or Cessation: Any interruption or cessation of transmission to or from the Platform; 

3. Bugs, Viruses, etc.: Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the platform by any third party; 

4. Errors or Omissions: Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the marketplace. 

Intellectual Property Rights

All content, logos, graphics, and other materials on this site, created and published by Arueka, are the exclusive property of Arueka and are protected by copyright and other intellectual property laws. Unauthorized use, reproduction, or distribution of any content without explicit permission from Arueka is strictly prohibited.

Third-Party Links and Services

Our platform may contain links to third-party websites or services that enhance the use of the platform but are not owned or controlled by Arueka, including but not limited to GPS links, Service Provider websites, and additional third party tools. We are not responsible for the content, privacy policies, or practices of third-party websites or services. Users and Service Providers are encouraged to read our cookie policy to review the necessary tools that are used to enhance our platform and the terms and conditions of any third-party sites they visit.

User-Generated Content

Users and Service Providers may post reviews, comments, or other content on our platform. Such content should not be illegal, obscene, threatening, defamatory, or infringing on intellectual property rights. While Arueka does not regularly review posted content, we reserve the right to remove or edit content that violates our guidelines.

Fee Structure

Service Fees:

• The Arueka “Service Fee” is a fee collected on the purchase of each wire transfer and/or credit/debit card cart. This fee is essential for maintaining the seamless operation of our platform for wire transfer and credit/debit card purchases, covering expenses related to transaction processing, Service Provider connectivity, follow up notifications, refund management, delivery management, and overall platform functionality.

• The Service Fee is charged only for wire transfers and credit/debit card purchases and provides wire transfer and credit/debit Users visibility and tracking of their services from end-to-end, including status updates for each purchase made by wire transfer and credit/debit card only. Users can receive receipts on the platform for each purchase made by wire transfer and credit/debit card only. Users can initiate refund requests on the platform and escalate refunds to disputes according to Arueka’s dispute resolution program for purchases made by wire transfer and credit/debit card only.

• Users who purchase services using the “Cash on Delivery” method do not pay a service fee, are not able to request a refund via the platform and cannot use Arueka’s dispute resolution program. Services purchased using the “Cash on Delivery” method cannot be tracked from end-to-end and cannot receive status updates.

• The Service fee is subject to Value Added Tax (VAT).

• Arueka's Service Fee is non-refundable due to the incurred costs associated with each transaction, booking, and connection made between customers and Service Providers.

Processing Fees:

In addition to Arueka's transaction fees, Users and Service Providers may be subject to processing fees charged by financial institutions ("Banks"), according to your card type. Arueka is not liable for these bank fees, and Users and Service

Providers are advised to check with their banks for details nor is Arueka responsible for the amounts charged.

Additional Add-Ons:

Arueka may offer additional add-ons or premium features for a separate fee. The details of these add-ons will be provided on the platform, and Users and Service Providers can choose to purchase them to access special features.

Fee Modifications:

Arueka reserves the right to modify its fee structure, including transaction fees, subscription fees, and additional add-on fees. Any changes will be communicated to Users and Service Providers in advance.

Due Diligence

Arueka aims to connect users with reliable and skilled service providers. However, it is essential to acknowledge that Arueka is a platform connecting users and service providers, and we do not directly provide the services. Therefore, Arueka cannot be held responsible for any poor workmanship, unsatisfactory service quality, or disputes arising from the services provided by independent service providers. Users are encouraged to thoroughly review service provider profiles, ratings, and reviews before engaging in services. Any issues with the quality of work or poor craftsmanship should be addressed directly with the service provider responsible for the work. Arueka will, to the best of its ability, assist in facilitating communication and resolution between users and service providers but cannot guarantee the outcome. We recommend documenting and reporting any concerns promptly through Arueka's communication channels. Users are encouraged to provide constructive feedback through reviews to help maintain the platform's integrity and assist fellow users in making informed decisions. This disclaimer underscores the importance of due diligence by users in evaluating and engaging with service providers through Arueka.

Value Added Tax (VAT)

Arueka is committed to ensuring compliance with Bahamian Value Added Tax (“VAT”) laws and regulations (“VAT Laws”), and providing a transparent and seamless experience for both Service Providers and Users. These Terms outline how Arueka handles VAT on the platform. 

1. VAT Charges 

(a) Applicable VAT: All prices listed on the website are exclusive of VAT unless otherwise stated. Where applicable, VAT will be added at the standard rate of 10% in accordance with Bahamian law.

(b) Responsibility for VAT: It is the responsibility of the Service Provider to determine the VAT treatment of their services and to charge VAT, where applicable. 

2. Customer Responsibilities 

(a) Payment of VAT: Customers are responsible for paying the VAT applicable to the services they purchase. The VAT amount will be clearly indicated at the time of purchase. 

(b) Customer Information: Customers may be required to provide certain information to ensure compliance with VAT Laws. 

3. Service Provider Responsibilities

(a) VAT Registration: Service Providers are responsible for ensuring they are correctly registered for VAT (where legally required) with the Department of Inland Revenue (“DIR”).

(b) Charging VAT: Service Providers are responsible for charging VAT on the services they provide through the Platform and for remitting the VAT to DIR.

4. Arueka Responsibilities 

(a) Facilitation: The platform may facilitate the display of VAT-inclusive prices on behalf of Service Providers but is not responsible for the calculation, collection, or remittance of VAT on behalf of Service Providers. 

(b) Reporting: The platform may provide reporting tools to assist Service Providers in managing their VAT obligations. However, service providers remain solely responsible for their VAT compliance. 

5. Changes to VAT Rates

In the event of any change in Bahamian laws regarding the applicable VAT rate, the Platform reserves the right to adjust the VAT-inclusive prices accordingly, to reflect the new rate. Such changes will be effective immediately upon implementation. 

6. Compliance and Liability 

Each party (the Platform, Service Providers, and Customers) is responsible for their own VAT compliance. The Platform shall not be liable for any failure by a Service Provider or Customer to comply with VAT obligations. 

For any questions or clarifications regarding this policy, Service Providers may contact support@arueka.com.

Service Provider Store Refund Policy

Service Refunds:

• Service Provider refund policies are mandatory in order to operate on the platform. All Service Providers are responsible for presenting their store’s refund policy on the platform and adhering to their refund policies for services they offer.

• Customers are encouraged to review the refund policies of Service Providers on the Service Provider’s store front before making a purchase. Users that have questions about the Service Provider’s refund policy should contact Service Providers directly.

• Users have the right to seek a refund on Arueka if they have paid by wire transfer and credit/debit card. Users seeking refunds for services purchased via wire transfer and credit/debit card should request a refund directly from the corresponding Service Provider. Service Providers are encouraged to review the refund request and provide a resolution within 10 days. If the refund is not resolved within the 10 day period, Users are within their right to launch a dispute request with the Service Provider by completing the Dispute Request Form.

• Users and Service Providers may launch a dispute under the Dispute Request Program or with their bank, but not both at the same time.

• In the event that a Service Provider does not engage in the dispute resolution process, any Service Provider failing to genuinely cooperate in resolving a customer's concern may face limitations or termination of their account privileges. Furthermore, Arueka reserves the right to temporarily hold funds in a Service Provider’s account if there is a delayed response
  

to a dispute or if the merchant does not fulfill a commitment to resolve the dispute within a reasonable timeframe.

• Arueka will monitor your refund request case between the User and the Service Provider, to ensure the Service Provider remains in good standing with their refund policy.

• Service Providers and Users are responsible for disputes and arbitration of refunds for services paid for via “Cash on Delivery” payment method.

Dispute Resolution Process:

Disputes Involving Arueka

In the event of any dispute, claim, question or disagreement (collectively the “Dispute”) arising from or relating to these Terms or breach thereof, involving Arueka,  you agree to an informal resolution, in the first instance, by contacting us through our customer service team at support@arueka.com. We will try to resolve the Dispute informally within 30 days of your submission of all evidence relevant to the Dispute. 

Binding Arbitration

If for any reason we are unable to resolve such Dispute amicably and/or satisfactorily within a period of 30 days, any and all Disputes shall be referred to and finally settled by mandatory confidential binding arbitration, as outlined in this clause. There shall be a panel of three independent arbitrators.  The party bringing the dispute, controversy, or claim (the “Claimant”), on the one hand, and the party or parties against whom such dispute, controversy, or claim has been brought (the “Respondent”), on the other hand, shall each select an arbitrator, and then both such arbitrators shall select the third arbitrator.  If either the Claimant or the Respondent fails to select an arbitrator within 15 days of a demand for arbitration hereunder or the two chosen arbitrators are unable to agree upon a third arbitrator within 30 days of a demand for arbitration hereunder, either the Claimant or the Respondent or the two chosen arbitrators (whichever is applicable) may petition the Bahamas Bar Association or a Fellow of the Chartered Institute of Arbitrators, Bahamas Branch to appoint such arbitrators.  The arbitrators shall be knowledgeable in financial matters.  The arbitration shall take place in Nassau, The Bahamas and shall be governed by the International Arbitration Rules promulgated by the International Centre for Dispute Resolution, when not inconsistent with this Agreement, and shall apply the substantive law of the Commonwealth of The Bahamas without regard to conflicts of laws principles.  The arbitrators shall use their best efforts to conclude the arbitration within 120 days after the demand for arbitration.  The arbitrators shall issue a reasoned award.  The award of the arbitration panel shall be final and binding, and there shall be no appeal therefrom.  Judgment upon the award rendered by the arbitration panel may be entered in any court having jurisdiction.  The non-prevailing party shall pay the costs of arbitration.  The arbitration award shall declare the prevailing party for purposes of the immediately preceding sentence of this paragraph.  The proceedings shall be conducted in a confidential manner.

Disputes Between the Customer and Service Provider

In the event of any dispute, claim, question or disagreement (collectively the “Dispute”) arising from or relating to these Terms or breach thereof, as between the Service Provider and the Customer, both parties shall use their best efforts to resolve such dispute amongst themselves. Where any Dispute concerns a refund, the parties may follow the below process: :

1. Submission of Evidence:

Both parties shall provide evidence relevant to the dispute to Arueka via support@arueka.com, including but not limited to messages, images, and proof of services rendered.

2. Timeframe:

Arueka will have a maximum of 45 days to assess the dispute and reach a decision. During this time, we might contact you to obtain additional information. 

3. Communication of Final Decision:

The final decision will be communicated to both parties via email, which shall be made in the sole discretion of Arueka.

4. Legal Recourse:

Any party may pursue legal remedies under Bahamian law, where the parties are unable to resolve a dispute amicably or are not satisfied with the final decision of Arueka.

Amendments:

Any diversions from the stated policy in your Dispute Resolution process must be made in writing and agreed upon by both Arueka and the Service Provider.

Arueka reserves the right to modify or update this policy at any time. Customers and Service Providers will be notified of any changes to this policy.

Shipping and Delivery

For any physical products offered, shipping methods, estimated delivery times, and associated costs will be detailed on the service page and during the purchase process. Arueka is not responsible for items lost or damaged during shipping and delivery.

Users must refer to the Service Provider or shipper for issues incurred during the shipping and delivery process.

Arueka only facilitates the tracking and notifications of the product. Arueka is not responsible for any physical products or services delivered by the Service Provider, whether material fact or service.

Email Communications Opt-In

By using the Arueka platform, you agree to receive transactional and marketing emails from us. These emails may include but are not limited to account-related notifications, updates, promotional offers, and newsletters. You acknowledge and agree that, as part of the normal operation of the Arueka platform, you may receive transactional emails, such as account verification, password reset, and purchase confirmation emails. These communications are necessary for the proper functioning of the services provided by Arueka.

Marketing Emails: 

By creating an account, you consent to receive marketing emails from Arueka. These emails may include promotional content, special offers, product updates, and other information aimed at enhancing your experience with our platform. You have the right to unsubscribe from marketing emails at any time by following the instructions provided in the emails.

Opting Out:

If you wish to opt out of receiving marketing emails, you can do so by adjusting your email preferences in your account settings or by using the "unsubscribe" link provided in our marketing communications.

Please note that opting out of marketing emails will not affect your receipt of essential transactional communications related to your use of the Arueka platform.

Promotions and Offers

From time to time, Arueka may offer promotions, discounts, or special offers. The terms, duration, and eligibility criteria for such promotions will be specified at the time of the offer.

A User and Service Providers may be encouraged to subscribe to email newsletters and other communications in order to receive promotional offers.

Arueka strives to provide accurate and up-to-date promotional offers. However, in the event of errors or omissions by our marketing and communications team, we reserve the right to correct such inaccuracies promptly. Any unintended discrepancies between promotional content and the actual terms or benefits of an offer will be rectified, and the corrected information will take precedence.

Indemnification

You agree to indemnify, defend, and hold harmless Arueka, its officers, managers, owners, employees, agents, designees, successors and  assigns, from and against all losses, liabilities, expenses, damages, claims, demands, and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any use or misuse of the services provided through the platform; (b) any violation of these Terms by you; (c) the inaccurate or untruthful Content or other information provided by you to Arueka or that you submit, transmit, or otherwise make available through the Service; (d) any intentional, unintentional or willful violation of any rights of another or harm you may have caused to another. Arueka will have sole control of the defense of any such damage or claim.

Force Majeure

Arueka will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, hurricane, accidents, or strikes.

Arueka ltd is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the platform.

Feedback and Suggestions

Any feedback, suggestions, or ideas provided by Users or Service Providers can be used by Arueka without any obligation or compensation to the User or Service Providers.

All reviews and ratings should be based on either (i) your personal firsthand experiences with the Service Providers being reviewed, or (ii) as outlined below, an individual's actual firsthand experience with a healthcare or wellness provider,

provided you have legal authorization to disclose such health information and the individual's experience.

Feedback should be constructive and objective. Personal attacks, offensive language, or false claims are strictly prohibited and may result in the removal of the review.

Arueka reserves the right to moderate or remove reviews that violate platform guidelines. This includes reviews that contain inappropriate content, breach privacy, or are in violation of any applicable laws.

Termination for Non-Payment

Arueka reserves the right to suspend or terminate User and Service Providers accounts if they fail to make due payments for any services or products within the grace period.

Age Restrictions

Our platform is not intended for Users and Service Providers under the age of 18 years old. Users and Service Providers must be at least 18 years old to create or use a business or User account on Arueka. If You use the platform on behalf of a company, You represent that You are an authorized representative of the company with the authority to bind it to this Agreement.

Warranties and Disclaimer

You acknowledge that Arueka has no control over, and no obligation to take action concerning: which Users and Service Providers access or use Arueka and Services; the potential impact the content on or in connection with the Arueka and Services may have on you; how you interpret or utilize the content on or in connection with the Arueka and Services; or any actions you may take as a result of exposure to the content on or in connection with the Arueka and Services. You hereby release Arueka from any liability associated with your acquisition or non-acquisition of content or information through the Arueka and Services. Arueka and Services might include, or direct you to, information that some individuals may find offensive or inappropriate. Arueka makes no representations about the content contained in or accessed through the Arueka and Services and will not be liable for the accuracy, copyright compliance, legality, or decency of such material. Arueka provides no guarantee or warranty, express or implied, regarding the reliability, accuracy, timeliness, or completeness of such information and assumes no responsibility for errors or omissions therein.

YOU ACCESS AND USE ARUEKA AND SERVICES AT YOUR OWN RISK. THE ARUEKA AND SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ARUEKA NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM THE USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH ARUEKA AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER APPLIES TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ARUEKA, COMPUTER VIRUS, OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER AND SERVICE PROVIDER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ARUEKA OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS AND SERVICE PROVIDERS. IN NO EVENT WILL ARUEKA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF THE USER AND SERVICE PROVIDER OR PERSONAL INJURY ARISING IN CONNECTION WITH THE USE OF THE ARUEKA AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE ARUEKA AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARUEKA OR THROUGH OR FROM ARUEKA AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ARUEKA DOES NOT REPRESENT OR WARRANT THAT 

(I) ARUEKA AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, 

(II) ARUEKA AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ARUEKA AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ARUEKA WILL MEET YOUR

EXPECTATIONS, AND 

(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

ARUEKA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ARUEKA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Arueka has no control over and no obligation to take any action concerning: other Users' or Service Providers’ behavior; the potential impact of Content on you; how you may interpret or use Content; or any actions you may take as a result of exposure to Content. You release Arueka from any liability for your acquisition or non-acquisition of Content through the Sites and Services. Arueka makes no representations about the Content, including its accuracy, contained in or accessed through the Arueka and Services, and Arueka will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Arueka and Services.

Arueka and Services may display links to other Internet sites or resources. Because Arueka has no control over such sites and resources, you acknowledge and agree that Arueka is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

You further acknowledge and agree that Arueka 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 site or resource.

Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims shall be governed by and construed in accordance with the laws of the Commonwealth of The Bahamas. The Users and Service Providers agree to submit to the exclusive jurisdiction of the courts of The Bahamas for any disputes.

Confidentiality and Security

The content of this Site is protected by and under the Data Protection laws and rules of The Bahamas. Arueka cannot guarantee that the content of this Site including all confidential and/or personal data and information related to you are protected when the Site is accessed in a location outside of The Bahamas. Jurisdictions outside of The

Bahamas may be subject to legislation that does not offer the same protection as Bahamian law. It is your obligation to obtain the necessary information related to any such restrictions. Arueka has no responsibility for direct or indirect loss or damages caused by the use of the services offered on the Site from other countries.

Arueka shall treat all information related to your account(s) as strictly confidential except as otherwise required with applicable law and shall disclose such information only to you or as otherwise instructed by you.

These Terms constitute a legally binding contract between the User and/or and Service Providers and Arueka. By utilizing our platform, Users and Service Providers affirm their complete understanding and acceptance of these terms and conditions. Should any provision of these Terms be deemed unenforceable, the remaining provisions shall remain in full force and effect.