Terms of Use of arbanca.com (Terms of Service)
These terms of use are effective as of August 11, 2024.
Thank you for choosing to use our arbanca.com Portal. Please read these Terms of Use as our relationship with you in your use of arbanca.com is governed by these Terms of Use (the “Terms”) without reservation. If you do not agree to these Terms, you may not use the Portal.
1. Introductory Provisions
1. These Terms and Conditions govern the use of arbanca.com – the website operated on the arbanca.com internet domain. The Portal includes all and any and all portions of the website, its subpages, their content, source and machine code as available and operated at any time on the aforementioned domain (hereinafter referred to as the “Portal”).
2. The provider and operator of the Portal is Michal Hudcovic HUDCOVIE ID No.: 53 289 943 , registered in the District Office Piestany, Trade Register No.: 230-21701, Slovak Republic, EU. If the term “arbanca.com”, “we”, “us”, etc. is used in these Terms and Conditions, the operator Michal Hudcovic HUDCOVIE is meant.
3. The Privacy Policy and other additional terms and conditions posted by arbanca.com at any time during the operation of the Portal, as a link in these Terms or otherwise, are also part of the Terms. If there is any conflict between the provisions of the individual terms set out in the preceding sentence, the contents of these Terms shall prevail.
4. By accepting these Terms and using the Portal, you agree to the terms and conditions contained herein.
5. By confirming these Terms and Conditions, you confirm and warrant that you are, under the applicable laws of the Slovak Republic and the country of your citizenship or residence, entitled to enter into a valid contract with arbanca.com, which arises from the confirmation of these Terms and Conditions. If you are using the Portal as an agent of another person, then by confirming these Terms you represent and warrant that you are validly and effectively authorized to represent such person. If you are confirming these Terms on behalf of a company or other legal entity, you confirm and warrant that you are authorised to enter into a valid contract with arbanca.com on behalf of such entity, which contract is created by confirming these Terms. If you are not of legal age of majority in your country of citizenship or residence or authorized to enter into a contract with arbanca.com under these Terms without the consent of an agent, then by confirming these Terms, you represent and warrant that you have the consent of a legal or other representative to use the Portal and to acknowledge and accept these Terms. You also represent and warrant that you are able to abide by and comply with all of the rules, terms, conditions, obligations, covenants, representations and warranties set forth in these Terms.
6. These Terms apply to everyone who uses the Portal in any way.
7. We are entitled to change or modify these Terms at any time. Such amended Terms will be valid and effective upon their posting on the Website or the mobile application of the Portal (if any) and by using the Portal (each time you log in and use the Portal), you agree to these new Terms. You are required to read the new Terms before continuing to use the Portal.
8. If you do not agree to any of the terms and conditions set out in these Terms, then you are not entitled to use the Portal and should discontinue using the Portal. Your access to the Portal may be disabled in such a situation. If you are dissatisfied with any part of the Portal or its functionality or with the services of arbanca.com then the only way to express your dissatisfaction is to stop using the Portal.
9. The provisions of these Terms will also apply, to the extent applicable, to the use of programs and applications created by us for accessing the Portal on any devices at any time in the future.
2. Terms of Use of the Portal
1. Use of the Portal is permitted up to 16 years of age. If you are not at least 16 years of age, you may not use the Portal. We recommend that you use the Portal from the age of 18, but it is not compulsory.
2. As a user of the Portal, you agree to
a. not to upload, store, transmit or otherwise distribute through the Portal any content that infringes the rights of third parties or is unlawful, defamatory, libelous, abusive, obscene, fraudulent or otherwise objectionable;
b. not to upload, store, transmit or otherwise distribute through the Portal content that promotes, whether overtly or covertly, violence and incitement to hatred based on gender, race, colour, language, religion or belief, membership of a nationality or ethnic group, arms and ammunition, war, alcohol, smoking, the use of narcotics, drugs, poisons and precursors, erotic, pornographic or otherwise inappropriate content (including child pornography) or content that otherwise endangers the mental, physical or moral development of minors or is likely to impair their emotional state and their mental health;
c. not upload, store, transmit or otherwise distribute through the Portal any content containing personal or identifying information of a person other than you unless you have that person’s consent to such use;
d. not upload, store, transmit or otherwise distribute through the Portal any malicious computer code, files or programs designed to interfere with or disable the Portal or any other software or hardware;
e. not upload, store, transmit or otherwise disseminate through the Portal misleading or false data and information that is intended to mislead other users or to conceal the origin of a transmitted message;
f. not use the Portal to post or distribute any form of promotion or advertising of third parties or their products and services (including their websites, social media accounts), including embedding text or watermarks in videos and images not expressly permitted by arbanca.com or to post or distribute unsolicited email messages;
g. not to use the Portal in any way to run or promote contests, games and sweepstakes, to provide credit, loans or other financial consideration, to offer employment, to disseminate marketing materials, spam, hoaxes, fake news, scams, or otherwise in an inappropriate manner;
h. use the Portal only in a permitted manner, in accordance with these Terms and/or applicable laws of the Slovak Republic;
i. not resell, rent, lease, provide for consideration or free of charge the Portal or any part thereof to third parties without the consent of arbanca.com (e.g. as “cloud computing” or “software as a service”) or encumber the right to use the Portal in any way.
3. As a user of the Portal, you may not
a. Collect, process or otherwise deal with personal data or other content belonging to arbanca.com or other users of the Portal for any purpose;
b. without the express consent of arbanca.com, use automated means and tools (bots) to add content to the Portal, send messages to other users, tag posts, add comments, or otherwise automatically use the Portal without human user intervention;
c. without the express consent of arbanca.com, use automated means and tools (robots) to download, analyze, retrieve, sort or use data, data and content from the Portal other than in accordance with these Terms or with the consent of arbanca.com, except for non-commercial internet search engines and non-commercial public archives (the so-called “scraping” prohibition);
d. add content to the Portal that is not related to the purpose of operation of the Portal, in particular, you may not use the Portal for the dissemination of any political, ideological or other similar content;
e. add irrelevant content to the Portal, repeatedly add the same or similar content, spam, overwhelm and overload the servers and technical infrastructure on which the Portal is operated;
f. add the same content in inappropriate categories or in different locations or otherwise in violation of the guidelines for properly adding content to the Portal;
g. Unauthorized access to the Portal’s computer program, systems, servers or infrastructure or other arbanca.com systems, or take any action that compromises the operation of the Portal, impairs its quality or interferes with its functionality;
h. attempt to log into the Portal as another user of the Portal without their express consent.
4. You may not use the Portal in a way that links to any part of the Portal, individual advertisements or postings on your own or third party websites without the permission of arbanca.com or in a way that arbanca.com has not established for such purpose.
5. You may only use the Portal in the manner that we have created for use of the Portal using web browsers or through the mobile application (if any) created by us. Do not access the Portal except through the programs and interfaces designed for this purpose.
6. You must not misuse the Portal. We may suspend or terminate, in our sole discretion, any use of the Portal that contravenes these Terms or otherwise interferes with the operation and use of the Portal, in our sole discretion. We shall also be entitled to delete and remove any content provided or uploaded by you to the Portal.
7.When using the Portal, you will come into contact with content added by other users of the Portal, arbanca.com is in no way responsible for the accuracy, correctness, truthfulness, completeness or safety of content added by other users of the Portal. Content added by other users of the Portal may be defamatory, offensive, indecent or otherwise objectionable, and you hereby acknowledge and agree that you are not entitled to, and shall not assert any claims or damages against arbanca.com in connection with Content added by other users of the Portal or third parties.
8. Any restrictions set forth in this article of the Terms apply generally, except to the extent that any use of the Portal is expressly permitted by generally applicable law, and in such case, solely to the extent of such lawful permission.
9. We may place third party advertising in connection with your use of the Portal in particular areas of the Portal. We are entitled to change and expand the scope of the advertisements placed at our sole discretion. As a user of the Portal, you consent to the placement of advertisements in the individual parts of the Portal.
10. The Portal may also use other third party services. The use of these services may be governed by the terms and conditions of the providers of these services.
11. The Portal may contain links to other websites and files. arbanca.com does not control the content of these websites and files and is in no way responsible for the content, services and materials on these websites.
3. Rights to the Portal and Content
1. The sole owner and holder of all proprietary rights and other intellectual property rights in and to the Portal and any portion thereof, the Portal Content, the Portal Trademarks and the Portal Logos shall be arbanca.com.
2. By accepting these Terms and using the Portal, you do not acquire any proprietary rights, licenses, sublicenses or other rights in the Portal (in particular, not the right to modify, alter, interfere with the Portal, to process, adapt and create derivative works, to make copies of the Portal, to redistribute the Portal or copies thereof, etc.). The Portal and all its components, including graphic elements, their layout, texts, interfaces and other components of the Portal are protected under the law of the Slovak Republic and international treaties in the field of intellectual property rights. Any use of the Portal other than in accordance with these Terms requires the written consent of arbanca.com. You are not authorized to use the marks and logo of arbanca.com or use other graphic elements of the Portal without the consent of arbanca.com.
3. You are not authorized to modify the source or machine code of the Portal and attempt to reverse engineer translate or otherwise interfere with its functionality. The Portal is not provided under any of the freely distributable licenses (GNU GPL and other freely distributable licenses).
4. You are responsible for any Content that You provide to the Portal; in particular, that You have the right to such Content, which entitles You to upload and provide such Content to the Portal. All of your rights in such content remain (including intellectual property rights). We shall have the right, in our sole discretion, to review any content you add to the Portal.
5. arbanca.com reserves the right to delete from the Portal any Content that violates these Terms, generally applicable law or is otherwise contrary to good morals.
6. By uploading or submitting any Content to the Portal, you grant arbanca.com a non-exclusive, royalty-free, perpetual, perpetual, geographically, geographically and materially unrestricted license to use such Content in any manner permitted. You agree that arbanca.com may assign the license to a third party to the extent provided in the preceding sentence, as well as sublicense the license to the extent provided in the preceding sentence.
7. If you become aware that any Content on the Portal infringes your proprietary or intellectual property rights or the rights of a person you are authorized to represent, you may notify arbanca.com and request that arbanca.com remove such Content from the Portal. arbanca.com shall not be obligated to comply with such a request if:
a. you fail to provide all identifying information of you or the owner or rights holder of the content you represent, including contact information;
b. you do not establish to a reasonable degree of credibility that you or the person you represent is the owner or the rightful holder of the rights to the content;
c. you do not identify with sufficient specificity the content that infringes your rights or the rights of the person you represent and that you are requesting to remove or restrict access to;
d. fail to provide a signed statement by you that, to the best of your knowledge, the content you are requesting to remove or restrict infringes your rights or the rights of the person you represent and that you will indemnify arbanca.com for any damages and costs it incurs as a result of complying with your request to remove or restrict the content;
e. you fail to provide a written power of attorney or other document showing that you have the authority to represent the owner or rightful holder of the rights to such content.
8. Requests for removal of content should be sent to our company address or to arbanca.com.
4. Portal Modification
1. We reserve the right to amend, supplement, suspend or discontinue the Portal or any part thereof at any time. We also reserve the right to add new restrictions applicable to the use of the Portal.
2. You shall not be entitled to claim any claims, damages, losses or compensation against arbanca.com in connection with any amendment, addition, suspension or discontinuance of the Portal or any part thereof or in connection with your use of the Portal.
5. Liability
1. arbanca.com makes none of the following warranties or representations:
a. The Portal will be provided in a timely, uninterrupted and error-free manner;
b. The Portal will be compatible and interoperate without defect with other hardware, software, system, or data;
c. defects in the Portal will be corrected in an orderly and timely manner;
2. arbanca.com shall not be liable for any defects in the Portal and does not warrant the quality of the Portal (the Parties exclude the scope of Section 562 of the Commercial Code in relation to the Portal).
3. arbanca.com operates and provides the Portal on an “as is” basis without warranties or representations of any kind.
4. arbanca.com is not responsible for your interaction and communication with other users of the Portal made through or on the basis of the Portal. Any such dealings between You and other Portal users or third parties made or conducted through or under the Portal shall arise out of and be entered into solely between You and such persons.
5. In no event shall arbanca.com, its officers, directors, employees, officers, agents and contractors be liable for any direct, indirect, incidental or consequential damages (including lost profits), damages to reputation or data arising out of your use of the Portal, the availability of, reliance on the use, features and functionality of the Portal, inability to use the Portal, modification or blocking of the Portal, even if brought to our attention by you.
6. arbanca.com shall not be liable for any errors, lockups or interruptions of the Portal that are caused by errors, lockups or interruptions of your systems, public communications network or power supply.
7. If the Portal is warranted to you to a certain extent under the applicable jurisdiction in which case we will only warrant to you to that extent and exclude warranty to the other extent.
6. Final Provisions
1. You may not transfer or assign any rights under these Terms to a third party without the consent of arbanca.com.
2. These Terms contain the entire and only agreement between you and arbanca.com regarding your use of the Portal and supersede any prior written or oral agreements or understandings between you and arbanca.com regarding your use of the Portal.
3. No failure by arbanca.com to exercise any right or claim under these Terms shall constitute a waiver or relinquishment of such right or claim, and arbanca.com shall be entitled to exercise any such right or claim at any time.
4. If any provisions of these Terms and the contract between you and arbanca.com should be invalid at the time of its conclusion, or should become invalid later after the conclusion of the contract, the validity of the remaining provisions of the Terms shall not be affected. Instead of the invalid provisions of the Terms and Conditions, the provisions of the Civil Code, the Commercial Code, the Copyright Act and other applicable legislation of the Slovak Republic which are closest in content and purpose to the content and purpose of the Terms and Conditions shall apply.
5. For the delivery of electronic messages (e-mail), an electronic document shall be deemed to have been delivered upon its delivery to the addressee’s e-mail inbox. For the delivery of documents, a document shall also be deemed to have been delivered if the addressee refuses to accept it or if the addressee, through his own fault or omission, fails to accept it. In such a case, it shall be deemed to have been delivered on expiry of the storage period at the post office, as determined by the sender, and on return of the consignment to the sender, of which the sender must provide undamaged proof. Notices delivered by a courier service shall be deemed to have been delivered at the time of receipt by the addressee. If delivery by courier service is unsuccessful, delivery shall be deemed to have taken place on the third day following the first attempted delivery, the attempted delivery being evidenced by a declaration by the courier service.
6. On the basis of these Terms and Conditions, a contractual relationship is created between you and arbanca.com, which is governed by the law of the Slovak Republic. All disputes relating to claims arising out of or in connection with these Terms or the use of the Portal shall be subject to the exclusive jurisdiction of the courts of the Slovak Republic. You and arbanca.com agree that such disputes shall be subject to the jurisdiction of such courts.
If you have any questions, you may contact us at web@arbanca.com