MiSETAR TERMS AND CONDITIONS

MiSETAR self-service portal is operated by Servicio di Telecomunicacion di Aruba (SETAR) N.V. (hereinafter: “SETAR”). Your use of MiSETAR is subject to these terms and conditions. By using MiSETAR an agreement (”the Agreement”) is concluded between you and SETAR and your use of  MiSETAR constitutes your agreement to these terms and conditions. We reserve the right to amend these terms and conditions from time to time. You should periodically read these terms and conditions which are available via www.setar.aw.

1. A MiSETAR account is needed to be able to use MiSETAR and all services made available on MiSETAR.  To be eligible for a MiSETAR account you will need to have an active SETAR prepaid or a postpaid account(s). You must first complete the registration process on the MiSETAR self-service portal by providing SETAR with current, complete and accurate information requested in the registration form to be able to open your MiSETAR account. One MiSETAR account can be opened per customer. Failing to provide accurate information may result in suspension or termination of your MiSETAR account. Intentional forgery of your identity for malicious or other use will result in instant termination of your MiSETAR account.

2. Part of the registration process consists of choosing a username and password. It is your responsibility to maintain confidentiality with regard to your password and username and you shall take all possible measures to protect your username and password against unlawful use by (unauthorized) third parties. You are solely responsible for any and all activities that occur under your MiSETAR account. SETAR has to be immediately notified by you of any unauthorized use of your MiSETAR account or other breach of security.

3. You hereby agree to the applicable law and requirements of reasonable use of the services made available on MiSETAR. It is prohibited to use the services made available on MiSETAR for acts contrary to the law, public order, decency and common standards. By way of example, and not as a limitation, you will not create a false identity or forged email- or home address, telephone number or otherwise attempt to mislead others as to your identity.

4. The Agreement can be terminated at any time and for any reason by filling the termination form  at every SETAR Teleshop or at the SETAR Store.

5. SETAR reserves the rights to amend and/or terminate (the services made available on) MiSETAR without prior notice and with immediate effect.

6. You hereby expressly acknowledge and agree that use of (the services made available on) MiSETAR and the Internet is at your own risks and that (the services provided on) MiSETAR is provided ‘as is’ and ‘as available’ without any warranties or conditions whatsoever, expressed or implied. SETAR will use commercially reasonable efforts to make access to (the services made available on) MiSETAR available to you, but makes no warranty or guarantee that the user will be able to access (the services made available on) MiSETAR at any particular time or any particular location.

7. SETAR hereby disclaims all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of (the services made available on) MiSETAR generally, and any content or service contained therein, as well as all express and implied warranties that the operation of (the services made available on) MiSETAR generally and any content or services contained therein will be uninterrupted or error-free. SETAR shall in no event be liable to you or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto.

8. You will indemnify, hold harmless, and defend SETAR and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to

(i) the use of (the services made available on) MiSETAR in any manner which violates the terms of this Agreement or otherwise violates any law, rule, or regulation and

(ii) any claims made by third parties arising from your use of (the services made available on) MiSETAR, including without limitation any and all third party claims arising from or related to any failure, delay or interruption to (the services made available on) MiSETAR.

9. This Agreement is subject to SETAR N.V.’s “General Terms and Conditions for Communication Services“. This Agreement  shall be governed, construed and interpreted in all respects in accordance with the laws of Aruba, and shall be subject to the exclusive jurisdiction of the Court of First Instance of Aruba.