Aria Terms and Conditions

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1. Introduction

The following terms and conditions constitute a binding agreement for the use of the Aria eCommerce platform and any other related services. These terms and conditions set out your rights and obligations in terms of this agreement and you are advised to read them carefully. By signing up for the Aria eCommerce platform and/or any other related services, you are agreeing to be bound by the terms and conditions set out below.

1.1 Modification

These terms and conditions cover all current Services and any new or additional services, features or tools which may be added. Aria reserves the right to update and/or modify the Terms and Conditions at any time by posting updates and/or modifications to the Aria website. During your continued use of the Services, you can review any updates and/or modifications to the Terms of Service that may impact you.  If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Aria Platform will constitute acceptance of the revised Terms of Service.

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2. Contracting parties

This agreement is between you, as the person or entity registered to utilise the Aria eCommerce Platform, and Aria Limited, a limited liability company which is a subsidiary of Digitalise NZ limited. By registering with Aria Limited, and utilising its Platform and Services, you are agreeing to be bound by these Terms of Service.​

 

3. Term

 The agreement between you and Aria reflected by these Terms is effective from the time you register to use the Aria Online Platform and remains in effect until either party terminates the agreement in accordance with these Terms.

 

4. Aria Platform and Services

Aria provides an online platform and services where participating vendors publish and offer for sale food and beverage products. This Agreement governs your use of the Aria Online Platform and Services.

 

5. Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your services using the Aria Platform.

 

6. Your Assumption of Risk

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Aria Platform.

 

7. Warranties

7.1 The Aria Platform is provided on an “as is” without warranty of any kind. To the fullest extent permitted by New Zealand law, all warranties, representations and warranties (whether express, implied or statutory) are excluded, including without limit, suitability, satisfactory quality, fitness for purpose, compatibility, non-infringement, accuracy, security or completeness of the online platform or the content on, or accessed through it.

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7.2 Aria will endeavour to ensure the content on its platforms is current, accurate and complete but does not warrant that such content will be current, accurate or complete when you access it.

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7.3 You warrant that all information provided by you at any time is true and accurate in all respects and that you will not use the online platform for any offensive, harmful or unlawful purpose. Any breach of your obligations in this regard may result in the immediate termination of your access to the platform.

 

8. Limitation of Liability

Aria (including its affiliates and employees, or any other party involved in creating, producing, or delivering the Aria Online Platform)  will not be liable for any damage, loss or expenses, or indirect losses or consequential damages including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, suffered or incurred by you in connection with your use or inability to use the online platform or the content on, or accessed through the online platform.

 

9. Indemnity

You agree to indemnify Aria, its related companies, and the directors, officers, agents and employees of the same for all losses, costs, liabilities and damages (including all legal fees and expenses on a full indemnity basis) suffered by you or any such party as a consequence of any act or omission, any unauthorised access or use of the Aria Platform or Services, any breach of these Terms of Service, or any violation of any law or the rights of any third party by you or any person acting on your behalf.

 

10. Intellectual property

10.1 You are solely responsible for all content that you provide and warrant that you either own it or are authorized to use it. You are responsible and liable if any of your content violates or infringes the intellectual property or privacy rights of any third party. You agree that any content provided by you and uploaded to the Aria platform may be stored, displayed and reviewed by Aria.

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10.2 All the intellectual property rights and copyright in the Aria Platform is owned by Aria Limited. You agree that you will not, in any manner or by any means, copy, reproduce, reverse engineer, resell, adapt, store, distribute, print, display, publish or create derivative works of any intellectual property from the online platform.

 

11 Termination

11.1 Termination By Aria

Aria may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Aria may also terminate this agreement immediately and without notice and stop providing access to the Aria Online Platform if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect Aria Limited, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

 

11.2 Termination By You

You can terminate your account with Aria at any time by emailing support@ariaexperience.com. The termination of your account may result in the deletion of all your data from the Aria system. You are advised to consider any decision to terminate carefully as deleted data cannot be retrieved.

11.3 Any termination of your right to use  of the online platform, will not affect any rights or obligations which have accrued to either party prior to termination.

 

12. Compliance with law

You agree that you will at all times comply fully with all relevant laws, rules, regulations and orders of all relevant regulatory bodies in relation to any of the information or services made available to you through our platforms.

 

13. Jurisdiction and governing law

These terms of use and any matters or disputes connected with this agreement will be exclusively governed by New Zealand Laws and will be dealt with by New Zealand Courts.