Automated Revenue Management Services Ltd (ARMS)

Web Portal User Agreement

Definitions

Account
Means the user's account, obtained by registering to the Portal, whereby the user may make use of the services provided by the Website.

ARMS
Means Automated Revenue Management Services Limited (C 46054).

General Terms
Means the general terms and conditions for access and use of the Website.

Portal
Means this web portal which is part of the Website, whereby a user registers in order to benefit from the web services made available through the internet systems by ARMS.

Terms
Means the terms and conditions for registration and use of the Portal as set out in this user agreement and shall be deemed to include the General Terms.

User or You
Means any person who has registered for access and use of the Portal.

Application

ARMS has developed a system, which may be used through this Portal, by virtue of which you may avail yourself of the services provided through the Portal. These Terms apply to the use of the Portal and of any services which are offered through the Portal, including any other services which may be made available in the future.

The Portal is owned by ARMS.

ARMS does not guarantee that the functional aspects of the Portal will be uninterrupted or error free or that the Portal or the server that makes it available, are free of viruses or other harmful components.

ARMS does not guarantee that all users have access to all or any of the services indicated above, nor does ARMS guarantee the continued access, use or functionality thereof. If you do not have access to any of these services, you can contact ARMS to find out why.

ARMS may change any material on the Portal without prior notice.

Terms

These Terms for the registration and use of the Portal are in addition, and complementary, to the General Terms which shall also apply to the access and use of the Portal and the Account.

Access to the Portal and its use are subject to the respect and the full approval of the Terms detailed in this user agreement. In order to use the Portal users must agree to the Terms without any limitation. You must read and accept all of the terms and conditions prior to registration.

You may not use the Portal or any of the services if you are under the age of 18 or if you are not able to be a party to legally binding contracts.

By ticking the acceptance box below, you are accepting these Terms, without reservation.

Registration

In order to use the Portal and any online application you will be required to create an Account. You must complete the registration process by providing complete and accurate information as required by the registration form. Any false information provided by you will, without prejudice to any other remedy available to ARMS, result in the immediate termination of your Account and your use of the Portal.

You shall have an obligation to ensure that the e-mail address and other contact and personal details provided to ARMS are correct and up to date at all times.

If ARMS believes that the information you have supplied is inaccurate or incomplete, ARMS may suspend your entitlement to access the Portal with immediate effect. Any information you submit while you are registering to use the Portal and all updates to this information are subject to the security note set out in the General Terms

You will also be required to choose a password and username, which will be used to access your Account. You acknowledge and agree that you are and shall remain responsible for maintaining the confidentiality of your username, password and account details.

You shall be responsible for maintaining the security of the Account and for all uses of the Account.

You acknowledge that you are fully responsible for all activities that occur under your password and your Account. If you suspect that your username and/or password have been compromised, you should contact ARMS immediately and change your password.

You may not: (i) select or use as a username, a name of another person with the intent to impersonate that person; or (ii) use as a username, a name subject to any rights of a person other than yours, without appropriate authorization. ARMS reserve the right to refuse registration of, or cancel an Account at its sole discretion.

Your username and password shall be deemed to be confidential. ARMS shall not disclose your username and/or password unless requested to do so by you, or required to do so by a court of competent jurisdiction or any other legal requirement.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Portal, including, without limitation, modems, hardware, software and any telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Portal.

ARMS reserves the right to audit your use of the Portal including, without limitation, the right to use data relating to your use of the Portal.

Modification of Terms

ARMS reserves the right to change these Terms from time to time for legal, regulatory or any other reasons. ARMS will make reasonable efforts to notify you of any changes. The changes will apply to the use of the Portal with immediate effect. If you do not wish to accept the new and/or amended Terms you should not continue to use the Portal. If you continue to use the Portal after the date on which the change comes into effect, your continued use of the Portal indicates your agreement to be bound by the new and/or amended Terms.

Warranties

The information on this Portal is strictly indicative and provided for information purposes only. Although ARMS has taken all reasonable care to ensure that the information provided on this Portal is accurate as at the time of publication thereof, ARMS makes no representation or warranty, express or implied, as to the content, accuracy, completeness, operability, availability or adequacy of such information, nor the fitness for any use or purpose whatsoever.

Any payments made through other websites or online systems may not be registered on the Portal immediately. Any such information may take up to 5 working days to be registered/uploaded to the information available through the Portal.

Accordingly, ARMS disclaims any responsibility for any errors, omissions or inaccuracies which may be contained in any information on this Portal. Any use of, or reliance on, the information herein shall be made at your own risk. ARMS disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Portal.

In the event that any information on this Portal is inaccurate, incomplete and/or inadequate, ARMS’ liability shall be limited to the rectification/correction of such inaccurate, incomplete and/or inadequate information.

The Portal may contain links and references to third party websites; these are provided for the user's convenience and interest and imply neither responsibility for, nor approval of, information contained in these websites by ARMS. ARMS makes no warranty, either explicit or implied, as to the accuracy, availability or content of information, text or graphics which are not owned by ARMS.

ARMS does not guarantee the accuracy of information provided by external sources and accepts no responsibility or liability for any consequences arising from the use of such data.

ARMS does not guarantee that the functional aspects of the Portal will be uninterrupted or error free or that this Portal, or the server that makes it available, shall be available at any time. Accordingly, ARMS disclaims any responsibility for the Portal not being online or available at any particular time.

ARMS Obligations

Insofar as this is within its reasonable control, ARMS shall undertake reasonable efforts to:

-- Provide you with a secure system which enables you to have your credit/debit card charged by amounts so authorised by you and

-- Take all reasonable steps and precautions to encrypt any information stored within its online systems provided at the point of its transmission to ARMS.

ARMS reserves the right to change the service and these Terms, in accordance with these Terms.

Your Obligations

You further acknowledge and accept that in order to make use of the Portal you shall:

-- Input any information as may be requested by ARMS in respect of personal and/or credit/debit card details.

-- Input only credit/debit card details which the you are legally authorised to use. In default of which, you would be deemed to be abusing of the Portal and be in breach of these Terms.

-- Honour all payments originating and incurred through your usage of the Account and consequential debiting your debit/credit card, details of which would have been previously inputted by you.

-- Indemnify and hold harmless ARMS for any losses suffered by ARMS in the event that you are in breach of any one or more of these Terms.

-- Not transfer any rights and/or obligations under these Terms to any third party and

-- Notify ARMS immediately in writing of any changes to your personal details, including email/postal address, as provided on registering for use of the Portal.

Instructions to ARMS

Where available, all payments, instructions, orders, applications, agreements, other declarations of intent and messages submitted through your Account shall be deemed to be binding on you. You understand and accept that you are responsible for all requests and/or instructions which originate from your Account.

You authorise ARMS to act on any instructions that it receives from your Account through the Portal, which has been, or reasonably appears to have been, sent by you.

You declare and confirm that any information given by you to ARMS is true and correct and you acknowledge that ARMS is not obliged to take any measure to confirm or authenticate any instructions, nor to reverse or adjust any instructions sent through your Account.

You will be liable for any transactions that ARMS carries out as a result of an instruction sent using your Account. ARMS is not to be held liable if the execution of any instructions is delayed, incorrect, or not carried out, due to incorrect instructions or information. ARMS reserves the right not to process any instructions before obtaining any information which may be required or desirable.

ARMS reserves the right to refuse to carry out any instruction originating from your Account if ARMS reasonably believes that such instruction is either invalid or has not come from you, or for any other reasons and ARMS shall not be liable for any loss or damage suffered by you as a result of such refusal to act.

Unless otherwise agreed, you have the right to cancel an instruction at any time prior to the commencement of its execution, subject to the payment of a cancellation charge representing those expenses and/or administrative costs which ARMS has incurred, if any.

Electronic Receipts

If you settle your bills or make any payment through your Account, you will have the possibility to print an electronic receipt to be retained as a legal fiscal receipt. You will not receive a hard copy receipt for the transaction.

You can view, download, save and print electronic receipts. It is your responsibility to provide correct details through the Portal. ARMS is not responsible for any incorrect data appearing on the receipt as a result of any incorrect data provided by you.

ARMS shall not be liable for any damages if an electronic receipt is not issued for any transaction.

Restricting Access or Discontinuing Services

You are responsible for all usage or activity on or from your Account. You undertake to use the Portal and your Account exclusively for the purposes set forth in these Terms. Any fraudulent, abusive or otherwise illegal activity shall entitle ARMS to cancel your Account, at its sole discretion.

If ARMS is of the reasonable opinion that your Account is:

-- Being used for any purpose that is unlawful or which could damage, disable, overburden, or impair the Portal or interfere with any other user's use and enjoyment of the Portal.

-- Being used in a manner which is not in accordance with these Terms or any manner which could potentially expose Arms or any other user to financial loss or legal liabilities.

-- Being used inconsistently with the spirit of this Agreement or ARMS's policies.

-- Being used to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Portal.

-- Infringing the rights of third parties (including, without limitation, intellectual property rights of third parties).

You acknowledge and accept that ARMS may suspend or cancel your Account and your possibility of using the Portal. ARMS shall not be responsible for any loss or damage you may suffer pursuant to any action taken in pursuance of this provision.

Additionally, ARMS reserves the right to limit your activities on the Portal if such restrictions are reasonably expected to improve the security of the Portal or reduce ARMS's or any other user's exposure to financial or other liabilities.

Without prejudice to the above, ARMS makes no warranty or representation, express or implied, as to continuity of access to the Portal and reserves the right, in its sole discretion, to discontinue your, and or any other user's access to the Portal and the related services, or any portion thereof, at any time, without notice.

ARMS cannot guarantee that the Portal, or the services provided through it, will be fault-free. If a fault occurs in the service you should inform ARMS and ARMS will attempt to correct the fault as soon as is reasonably practicable. Your access to the Portal and/or your Account may be occasionally restricted to allow for repairs, maintenance or the introduction of new services.

Data Protection

ARMS is committed to user privacy.

If any of the information that you provide constitutes personal data for the purposes of the Data Protection Act 2018 (Chapter 586 of the Laws of Malta) and Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) , ARMS shall only process such data in the manner and for the purposes stated in these Terms. By clicking the (I accept) button at the end of these Terms, you consent to such processing.

ARMS shall process the data you provide in order to provide you with Portal services and to contact you in relation to your use of this Portal and any billing matters, if the need arises. ARMS may also process the data you provide for market analysis, statistical and other purposes for its own use or for the use of entities controlled by the Government of Malta.

If you indicated your consent to the processing of your personal data for direct marketing purposes, by checking the box below, you may opt out, at no charge, by contacting us on [email protected] or on ARMS Help Line 80072222

Any other personal data that you may provide pursuant to availing yourself of the services available through the Portal (such as online payment of utility bills) shall be processed for the purposes of providing you with the particular service you request. Payment data you provide may also be processed for creditworthiness, behaviour scoring and/or accounting, auditing purposes and legal action.

We do not transfer any personal data relating to you to any third party without your prior consent or unless we are otherwise authorised or obliged to make such transfers in terms of law or pursuant to an order from a competent court, tribunal or authority. ARMS may however transfer your personal data to Enemalta plc, Water Services Corporation, as controllers of your personal data and to its sub-contractors or service providers for the purposes of providing you with any services you may have requested or to which you may be entitled. For as long as We retain your personal data, you have certain rights in relation to your personal data including:

• Right of access – you have the right to ascertain the personal data We hold about you and to receive a copy of such personal data; • Right to Erasure – in certain circumstances you may request that We delete the personal data that we hold on you; • Right to Object – you have a right to object and request that we cease the processing of your personal data where we rely on our, or a third party’s, legitimate interests for processing your personal data or a task carried out in the public interest; • Right to Portability – you may request that We provide you with certain personal data which you have provided to Us in a structured, commonly used and machine-readable format. Where technically feasible, you may also request that we transmit such personal data to a third party controller indicated by you; • Right to Rectification – you have the right to update or correct any inaccurate personal data which we hold about you; • Right to Restriction – you have the right to request that we stop using your personal data in certain circumstances including if you believe that we are unlawfully processing your personal data or the personal data that We hold about you is inaccurate; • Right to withdraw your consent – where Our processing is based on your consent, you have the right to withdraw your consent. Withdrawal of your consent shall not affect the lawfulness of the processing based on your consent prior to the withdrawal of your consent; and • Right to be informed of the source – where the personal data we hold about you was not provided to us directly by you, you may also have the right to be informed of the source from which your personal data originates.

Your rights in relation to your personal data are not absolute.

If you intend to exercise one or more of your rights, you should contact ARMS on [email protected].

You will not have to pay a fee to access your personal data (or to exercise any of the other rights specified above). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Liability

To the fullest extent permitted by law, and except to the extent that loss or damage is caused directly by its gross negligence or willful misconduct, ARMS shall not be liable for any loss or damage whatsoever whether direct or indirect and whether in contract, tort, quasi-tort or otherwise, arising out of the use of this Portal, the services available through it, or the use or reliance on the information available on this Portal.

ARMS shall in no circumstance be liable for any direct or indirect loss of profit, goodwill, business or anticipated savings, nor for any indirect or consequential loss or damage.

ARMS shall not be liable for any losses resulting from third party services, equipment, software, hardware or any other component, outside its reasonable control (including, without limitation, any telecommunications services and equipment, software, browsers and computer components and systems) as may be used by you to access and/or use the Portal.

ARMS shall not be liable to you for any losses resulting from access or use of third party websites, whether or not you access such websites through the Portal.

ARMS shall not be liable for any direct or indirect damages resulting from the use of the Portal or any downloaded applications, and any consequent financial or commercial prejudice, or loss of data in your system.

ARMS reserves the right to modify, suspend or discontinue, temporarily or permanently, this Portal or any part of it, with or without notice, at any time. ARMS shall not be liable to any person for any such modification, suspension or discontinuance of this Portal (or any part thereof).

You agree to indemnify and hold ARMS harmless from any loss or damage suffered by any person as a result of your breach of any of these Terms or any improper use you may make of the Portal.

If you obtain unauthorised access to any program, data or other information which belong to ARMS or any third party, you agree to treat such program, data and/or information, as the case may be, as confidential and agree not to disclose or make use of any of it/them (or any part of it/them). You agree to inform ARMS of such unauthorized acces to any such programs.

General

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

ARMS may, in its sole discretion, assign, novate, or in any other manner transfer, its rights and obligations under these Terms, without your prior consent, provided that any such assignment, novation or transfer is made on the same terms or terms that are no less advantageous to you than these Terms.

Section headings are for reference purposes only and do not limit the scope or extent of such section.

Any failure by ARMS to act with respect to a breach by you or others does not waive ARMS's right to act with respect to any subsequent breach(es), whether of a similar nature, or otherwise.

These Terms set forth the entire understanding and agreement between you and ARMS with respect to the access to, and use of this Portal and the Account.

These Terms, and the interpretation and construction hereof, shall be governed by the Laws of Malta.

The Courts of Malta shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with this Portal and these Terms.

Should you decline to accept the above Terms, or any of them, then you should immediately unsubscribe from any services made available to you through this Portal, cancel your Account, discontinue use of this Portal and disconnect from it.

If you have any questions about these Terms, you may contact us on [email protected] or on ARMS Help Line 80072222