ARH Resell Terms & Conditions!
Welcome to the ARH Resell terms and conditions, which apply to your use of the DVM. By accessing this Website, you agree to be bound by them.
DEFINITIONS
"Conditions" means these terms and conditions:
"Personal Information" means any personal
details provided by you via the Website; "User(s)"
means (a) user(s) of the Website either collectively
or individually, as the context requires; "We/us/our"
means ARH Resell, "Website" means the website
located at http://www.arh-auction.co.uk/resell/, http://www.arh-auction.co.uk/convert/
or any subsequent URL which may replace it; and "You/your"
means you as a user of the Website.
1 ACCESS
We will provide you with access to the Website in
accordance with these Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part of)
for any illegal purpose and agree to use it in accordance
with all relevant laws;
2.1.2 agree not to upload or transmit through the
Website any computer viruses, macro viruses, trojan
horses, worms or anything else designed to interfere
with, interrupt or disrupt the normal operating procedures
of a computer;
2.1.3 will not upload or transmit through the Website
any material which is defamatory, offensive, or of
an obscene or menacing character, or that may cause
annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause
the Website to be interrupted, damaged, rendered less
efficient or such that the effectiveness or functionality
of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which
violates or infringes the rights of any person, firm
or company (including, but not limited to, rights
of intellectual property, rights of confidentiality
or rights of privacy);
2.1.6 agree that in the event that you have any right,
claim or action against any Users arising out of that
User's use of the Website, then you will pursue such
right, claim or action independently of and without
recourse to us.
2.1.7 Will fully inform yourself and comply with any
license of any item you purchase from us. We are not
liable for any wrongful distribution on the part of
our buyers
3 INDEMNITY
3.1 You agree to be fully responsible for (and fully
indemnify us against) all claims, liability, damages,
losses, costs and expenses, including legal fees,
suffered by us and arising out of any breach of the
Conditions by you or any other liabilities arising
out of your use of the Website, or the use by any
other person accessing the Website using your PC or
internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently,
the Website (or any part of) with or without notice
to you and you confirm that we shall not be liable
to you or any third party for any modification to
or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and
your continued use of the Website (or any part of)
following such change shall be deemed to be your acceptance
of such change. It is your responsibility to check
regularly to determine whether the Conditions have
been changed. If you do not agree to any change to
the Conditions then you must immediately stop using
the Website.
4.2 We will use our reasonable endeavours to maintain
the Website. The Website is subject to change from
time to time. You will not be eligible for any compensation
because you cannot use any part of the Website or
because of a failure, suspension or withdrawal of
all or part of the Website due to circumstances beyond
our control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users,
we may provide links to other websites or resources.
You acknowledge and agree that we are not responsible
for the availability of such external sites or resources,
and do not endorse and are not responsible or liable,
directly or indirectly, for the privacy practices
or the content (including misrepresentative or defamatory
content) of such websites, including (without limitation)
any advertising, products or other materials or services
on or available from such websites or resources, nor
for any damage, loss or offence caused or alleged
to be caused by, or in connection with, the use of
or reliance on any such content, goods or services
available on such external sites or resources.
6 MONITORING
We have the right, but not the obligation, to monitor
any activity and content associated with the Website.
We may investigate any reported violation of these
Conditions or complaints and take any action that
we deem appropriate (which may include, but is not
limited to, issuing warnings, suspending, terminating
or attaching conditions to your access and/or removing
any materials from the Website).
7 YOUR DATA
7.1 We respect your personal information and undertake
to comply with applicable UK Data Protection legislation
from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory
or government authority investigating suspected illegal
activities, or upon receipt of a court order, to provide
your Personal Information and/or information concerning
your activities whilst using the Website we shall
do so; and
7.3 We reserve the right in our reasonable discretion
to disclose details of your use of the Website in
relation to any, or any threatened, Court Proceedings
in connection with your use, or the use of anyone
under your control, of the Website whether in connection
with the matters set out in these Conditions or otherwise.
7.4 Please view our Privacy Policy, which forms part
of these Conditions.
8 INTELLECTUAL PROPERTY AND
RIGHT TO USE
8.1 You acknowledge and agree that all copyright,
trademarks and all other intellectual property rights
in all material or content supplied as part of the
Website shall remain at all times vested in us or
our licensors. You are permitted to use this material
only as expressly authorised by us.
8.2 The Website is Copyright, ARH Resell, 2008. All
rights reserved.
9. NOTICES
9.1 You may send us notices under or in connection
with these Conditions:
9.1.1 by email to
admin@arh-products.com
9.2 As proof of sending does not guarantee our receipt
of your notice, you must ensure that you have received
an acknowledgement from us, which will be sent within
3 working days of our receipt and should be retained
by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY
THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE,
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED
IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is"
and "as available" basis without any representation
or endorsement. Unless specified in separate terms
and conditions related to a particular product or
service, we make no warranties of any kind, whether
express or implied, in relation to the Website, or
products or services offered on the Website whether
by us or on our behalf (including free software downloads)
including but not limited to, implied warranties of
satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security, accuracy,
condition or completeness, or any implied warranty
arising from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions
related to a particular product or service, we make
no warranty that the Website or products or services
offered on the Website whether by us or on our behalf
(including free software downloads) will meet your
requirements or will be uninterrupted, timely, secure
or error-free, that defects will be corrected, or
that the Website or the server that makes it available
or products or services offered on the Website whether
by us or on our behalf (including free software downloads)
are free of viruses or bugs or are fully functional,
accurate, or reliable. We will not be responsible
or liable to you for any loss of content or material
as a result of uploading to or downloading from the
Website.
10.4 Notwithstanding any other provision in the Conditions,
nothing shall limit your rights as a consumer under
United Kingdom law.
10.5 You acknowledge that we cannot guarantee and
therefore shall not be in any way responsible for
the security or privacy of the Website and any information
provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise
if you incur loss or damage connecting to the Website
through a third party's hyper-text link.
10.7 We will not be liable, in contract, tort (including,
without limitation, negligence), pre-contract or other
representations (other than fraudulent misrepresentations)
or otherwise out of or in connection with the Website
or products or services offered on the Website whether
by us or on our behalf (including free software downloads)
for:
10.7.1 any economic losses (including without limitation
loss of revenues, profits, contracts, business or
anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses;
in any case whether or not such losses were within
the contemplation of either of us at the date on which
the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit
our liability for death or personal injury resulting
from our negligence or that of our servants, agents
or employees.
11 SEVERANCE
If any part of the Conditions shall be deemed unlawful,
void or for any reason unenforceable, then that provision
shall be deemed to be severable from these Conditions
and shall not effect the validity and enforceability
of any of the remaining provisions of the Conditions.
12 WAIVER
Nothing shall be construed as a waiver by us of any
preceding or succeeding breach of any provision.
13 SURVIVAL
Each provision of these Conditions shall be construed
as separately applying and surviving even if for any
reason one or other of those provisions is held to
be inapplicable or unenforceable in any circumstances.
14 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain
the entire agreement between you and us relating to
the subject matter covered and supersede any previous
agreements, arrangements, undertakings or proposals,
written or oral, between you and us in relation to
such matters. No oral explanation or oral information
given by either of us shall alter the interpretation
of these Conditions. You confirm that, in agreeing
to accept these Conditions, you have not relied on
any representation save insofar as the same has expressly
been made a representation in these Conditions and
you agree that you shall have no remedy in respect
of any misrepresentation which has not become a term
of these Conditions save that your agreement contained
in this Clause shall not apply in respect of any fraudulent
misrepresentation whether or not such has become a
term of these Conditions.
15 LAW
The Conditions will be exclusively governed by and construed in accordance with the laws of United Kingdom whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
16 AFFILIATES
By joining our free affiliate program, you agree not to promote your affiliate links and banners by any illegal or unethical means. If we suspect any member of doing so or of cheating in any way, we reserve the right to withold any and all earnings and delete the suspected offenders membership without notice. Affiliates must also agree to receive periodic mailings from admin. Payment can be requested once your affiliate earnings reach $1, and will be paid by Paypal. We reserve the right to payout without your request if we wish to do so. Affiliate earnings will only be registered if your referral upgrades their account.
