1.1 These terms and conditions (“Terms”) govern your use of Arqiva Limited’s (“Arqiva”, “we” or “us”) website at www.arqiva.com, and any other affiliate page or application on which these Terms appear (the “Website”). By accessing and using the Website, you agree to be bound by these Terms. If you don’t accept these Terms, you must not continue to access or use the Website.
1.2 These Terms do not apply to:
1.2.1 access to or use of our Gateway services;
1.2.2 your access to Arqiva’s systems, which is subject to our Code of Connection; or
1.2.3 any services, products or arrangements which are subject to separate terms and conditions with you.
2.1 We do not warrant or guarantee that the Website will be available at all times or free from errors or other issues. In the event of a disruption, we will attempt to restore the Website as soon as reasonably practicable.
2.2 We may, at any time, without notice and in our discretion:
2.2.1 suspend or restrict access to the Website, including for operational reasons such as maintenance or updates; and
2.2.2 modify, delete, edit, or suspend the Website or any part of the Website.
3. Intellectual Property
We or our licensors own the intellectual property rights in the Website and any content on the Website. All content is copyrighted by us and all trade marks on the Website are owned by us or our licensors. You agree that you will not infringe, challenge or otherwise do anything that may be detrimental to our and/or our licensors’ ownership of the intellectual property rights in the Website (including any content). You may download and temporarily store one or more of the pages of this Website for the purposes of viewing them. You may also print any page from this Website for use only within your organisation. Any other storage, copying, transmission or distribution of the content of this Website is prohibited without our consent.
4. No warranties
4.1 Whilst Arqiva takes all reasonable steps to ensure the accuracy of the information contained throughout the Website, we are not able to guarantee and provide no warranty as to its accuracy or completeness. Potential investors should make their own enquiries and searches and take appropriate independent professional advice as necessary.
4.2 Unless otherwise expressly specified in these Terms, the Website content is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, Arqiva provides you with the Website on the basis that Arqiva excludes all representations, warranties, conditions and other terms, to the maximum extent permitted by law.
5.1 Accessing and using the Website (including downloading any content) is at your own risk and we exclude all liability which might arise from:
5.1.1 your inability to use or access the Website (or any parts of the Website);
5.1.2 any Website content that is inaccurate or incomplete;
5.1.3 your use of or reliance on the content of the Website;
5.1.4 any bugs or virus which limits the availability of our Website or are transmitted to you during your use of our Website; and
5.1.5 any third party website linked to from this Website (we would encourage you to read the terms and conditions of the other websites you visit).
5.2 Arqiva is not liable to you, whether in contract, under any statute, for misrepresentation or otherwise (including in each case negligence) in connection with these Terms or your use of the Website for any loss of any kind, resulting from your use of or inability to use our Website, or from you relying on the accuracy or completeness of the Website content, even if we had been advised of or were aware of the possibility of such losses or damages being incurred.
5.3 Nothing in these Terms excludes or limits Arqiva’s liability for fraud or fraudulent misrepresentation, death or personal injury or any liability that cannot be excluded or limited by law.
You may not transfer any of your rights or obligations under these Terms to another party. We may assign or transfer our rights or obligation to another party.
No failure of Arqiva to exercise, and no delay by it in exercising, any right, power or remedy in connection with these Terms (each a “Right”) shall operate as a waiver of that Right.
If any provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect.
9. Governing law and jurisdiction
These Terms and all disputes regarding these Terms (including any non-contractual disputes) are governed by English law and shall be subject to the exclusive jurisdiction of the English courts.
10. Changes to these Terms
These Terms were updated on 24th June 2021. We reserve the right to amend these Terms from time to time. If we make important changes to these Terms, we will inform you of the update through appropriate means, depending on how we normally communicate with you.