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Terms and Conditions  
 

Please read this carefully. By accessing the ARCchart.com web site at www.ARCchart.com (the "Site") you are agreeing to the terms that appear below, whether or not you register as a user.

1. Introduction

This Site is owned and operated by ARCchart Ltd. As a user, you will be able to access material on some areas of the Site without going through the registration process. Certain areas of the Site are only open to you if you register. Also, additional material ("Premium Content") is available to you on a paid-for basis. Premium Content will be clearly identified and you will be requested to give credit card details if you decide to make a purchase. Specific provisions relating to your use of Premium Content are set out in Section 6 of these Terms.

There is no specific time limit applying to your access and use of the Site on these Terms. However, ARCchart Ltd reserves the right to suspend or terminate your access and use of the Site at any time. It may exercise this right with or without notice. If applicable, notice will be given to your e-mail address as notified to ARCchart Ltd. In that event, notice will be deemed to be served three hours after transmission or posting.

2. Use of ARCchart.com Content

All material on the Site and news by email (the "Content") belongs to ARCchart Ltd or its licensors. You may retrieve and display Content from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, non-commercial use.

Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from ARCchart Ltd

  • redistribute any of the Content (including by using it as part of any library, archive or similar service);
  • remove the copyright or trade mark notice from any copies of Content made under these Terms;
  • create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.

Requests to republish or redistribute Content should be addressed to ARCchart Ltd at CustomerSupport@ARCchart.com.

You acknowledge that "ARCchart", "ARCchart.com" and "ARCchart Ltd" are trade marks and that you may not use them without written permission from ARCchart Ltd.

3. Registration

On registration, you must provide ARCchart Ltd with accurate, complete registration information and it is your responsibility to inform ARCchart Ltd of any changes to that information (including in particular your email address) by emailing mattb@ARCchart.com.

Each registration is for a single user only. On registration, you will choose a user name and password. ARCchart Ltd does not permit any of the following:

  • any other person sharing your user name and password;
  • access through a single name and password being made available to multiple users on a network.

You are responsible for all use of the Site made by you or anyone else using your user name and password (collectively, "ID") and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify ARCchart Ltd immediately by emailing CustomerSupport@ARCchart.com.

4. Bulletin Boards & Discussion Groups

The Site may include in future bulletin boards, discussion groups and other public areas that allow feedback to and interaction between users ("Forums"). While ARCchart Ltd does not control the information posted to Forums (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and you waive any moral rights that you may have in regard to the Messages.

You are solely responsible for the content of your Messages. You must comply with any rules posted by ARCchart Ltd on a Forum. You may not:

  • post or otherwise publish any Messages containing any form of advertising for goods and services;
  • post or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe the rights of third parties or which contain any other form of illegal content;
  • post or otherwise publish any Messages that contain a virus or other harmful component;
  • restrict or inhibit any other user from using the Forums.

By submitting messages to any Forum you agree to indemnify and hold harmless ARCchart Ltd from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 4.

By submitting Messages to any Forums you are granting ARCchart Ltd a perpetual royalty free non-exclusive licence to reproduce, make available, distribute and sub-license the Message in whole or in part and in print or electronic form.

5. News by E-Mail

ARCchart Ltd may give you the option to subscribe to its email update service, the BluePrint. Your use of the Content received through the email news service will be subject to these Terms.

6. Premium Content

Premium Content will be accessible on payment of certain charges. All payments (including any applicable taxes) must be made by credit card in US Dollars or any alternative currency that ARCchart Ltd may specify. If ARCchart Ltd (or its designated agent) does not receive payment authorisation from your credit card clearing service, ARCchart Ltd may immediately suspend your use of the Site. You are responsible for the payment of all charges associated with the use of the Site using your ID.

If your use of the Site is terminated by ARCchart Ltd, you will be entitled to receive a refund of any credits that remain unused at the time of termination (unless your use is terminated because you are in breach of these Terms). You will still be responsible for any fees or other charges incurred by you until the termination of your rights to use the Site.

7. Software and Java Security

Copyright in any software that is made available for download from the Site ("Software") belongs to ARCchart Ltd or its suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software. Do not install or use any Software unless you agree to such licence agreement.

ARCchart Ltd may from time to time give you the option to modify your browser to enable you to access certain requested services along with other applications. In that event, a dialogue box will be shown on your screen requiring your authorisation for the modification to proceed. By clicking the 'Grant' button (or equivalent) on the dialogue box, you will allow ARCchart Ltd to modify your browser to enable you to view the service on your screen at the same time as you work on other applications. The dialogue box may display a 'high risk' notice. The reason for this is that this modification makes it technically possible for the browser to be used by ARCchart Ltd for other purposes. ARCchart Ltd guarantees to you that such modification will only be used to view the requested service with other applications and (if you have clicked on 'Remember this decision') to view in a similar way any other service you may specifically request from ARCchart Ltd in the future.

8. Limitation of Liability and Disclaimer

The Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation or arrangement by ARCchart Ltd and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between you and any third party named on this Site are at your sole risk and responsibility.

BECAUSE OF THE NUMBER OF SOURCES FROM WHICH ARCCHART LTD OBTAINS CONTENT AND THE NATURE OF ELECTRONIC DISTRIBUTION VIA THE WORLD WIDE WEB, ARCCHART LTD DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE SITE. IN PARTICULAR, THE SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND ARCCHART DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR ANY CONTENT. ALL IMPLIED WARRANTIES ARE EXCLUDED FROM THESE TERMS TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. ADDITIONALLY, ARCCHART LTD MAKES NO WARRANTY THAT THE SITE IS YEAR 2000 COMPLIANT OR FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ARCCHART LTD WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS) ARISING IN CONTRACT, TORT OR OTHERWISE FROM YOUR USE OR INABILITY TO USE THE SITE OR ANY CONTENT OR FROM ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING THE SITE OR ANY CONTENT.

The Site contains links to other World Wide Web sites, either directly or through frames and, where possible, we will make clear where such links are being made. Those sites are provided by independent third parties and ARCchart Ltd is not responsible for their availability or content. Notwithstanding the provisions of this Section 8, ARCchart Ltd's liability will not be limited in the case of death or personal injury directly caused by ARCchart Ltd's negligence.

9. Privacy Policy

The information that you provide about yourself to ARCchart Ltd will only be used by ARCchart Ltd in accordance with its Privacy Policy Statement. This includes:

  • using your information for the effective administration of the Site and to communicate with you;
  • the disclosure of your information, but not e-mail addresses, to respectable third parties.

10. Changes to these Terms

ARCchart Ltd reserves the right, at its discretion, to make changes to any part of the Site. Due to its policy of updating and improving the site, ARCchart Ltd may wish to change these Terms (including those relating to your use of the Content). When terms are changed, ARCchart Ltd will notify you by publishing details of those changes by including them at the end of these Terms (see "Changes to these Terms"). If you use the Site after ARCchart Ltd has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published at the end of these Terms or after you receive notice of them.

11. Advertising and Sponsorship

Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. ARCchart Ltd will not be responsible for any error or inaccuracy in advertising material.

12. Competitions and Prize Draws

From time to time ARCchart Ltd will run competitions, free prize draws and promotions on the Site. These are subject to additional terms that will be made available at the time of such competitions.

13. Choice of Law and Jurisdiction

These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

For the exclusive benefit of ARCchart Ltd, ARCchart Ltd shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

14. General

You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

Headings in these Terms are for convenience only and will have no legal meaning or effect. ARCchart Limited is a company registered in England and Wales under number 3365286 whose registered office is at 78 York Street, London, W1H 1DP.