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Background

This agreement applies as between you, the User of this Web Site and Arcler, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Content”		means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Arcler”		means Arcler Ltd at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ United Kingdom;
“Service”		means collectively any online and/or offline facilities, tools, services or information that Arcler makes available through the Web Site, by use of the software acquired and/or purchased from the Web Site, or via its tehnical consultants working in person either now or in the future;
“System”		means any online or offline information and communication system that Arcler makes available through the Web Site, and/or any software distributed by Arcler by any means - online or offline - either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, email links, electronic forms and application software;
“User” / “Users”		means any third party that accesses the Web Site and is not employed by Arcler and acting in the course of their employment; and
“Web Site”		means the website that you are currently using (www.ArclerIT.com) and any sub-domains of this site (e.g. blog.arclerit.com) unless expressly excluded by their own terms and conditions.

Intellectual Property

All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Arcler, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Arcler, Ltd.
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Arcler or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so without prior permission.

Privacy

Use of the Web Site is also governed by our https://www.ArclerIT.com/privacy-policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

Disclaimers

Arcler makes no warranty or representation that its Web Site(s) as well as products and services advertised and/or delivered via its Web Site(s) will meet all of your specific requirements, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, and that all information provided will be accurate. Arcler can not be held liable for any specific results from the use of its Web Site, Products and/or Services.
A complete list of applicable disclaimers are published at Arcler's Disclaimer page on its Web Site and the terms therein apply.

Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Arcler accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

To the maximum extent permitted by law, Arcler accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts Arcler’s liability for death or personal injury resulting from any negligence or fraud on the part of Arcler.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by either (preferably) using the contact form on Arcler’s web site or sending an e-mail to enquiries@arcler-it.com. Such notice will be deemed received 10 business days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Shipping and returns

If you wish to return a product you have purchased from Arcler, please email returns@arcler-it.com (or use the contact form on our web site) explaining your reasons.

We cannot accept software for return unless the publisher / manufacturer agrees to take it back from us. For physical goods (which exclude digital-download-only products), we can only accept a returned product where we have authorised it with an RMA number which will be valid for 10 days from the date it was issued. Returns will be refused without a valid RMA. We will then refund the current cost of the item minus 15% or £20 (whichever is the least) as a restock fee. We will not refund the original shipping charge. The software must be in perfect, resalable condition with the shrink-wrap intact.

Law and Jurisdiction

These terms and conditions and the relationship between you and Arcler, Ltd shall be governed by and construed in accordance with the Law of England and Wales and Arcler, Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

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