qpAlert Service Terms and Conditions
This Agreement is between you as a user of the qpAlert service, herein referred to as
“Customer,” and Arclid.com Ltd., referred to below as “Arclid”. By
using the qpAlert service, you agree to be bound by this agreement and the Terms and
Conditions herein.
Terms & Conditions
1. Definitions
In this Contract unless the context otherwise requires:
"Service" or "Services" means the qpAlert service provided by Arclid
to Customer.
"Server" means the computer server equipment operated by Arclid or for Arclid,
or provided by Customer in connection with the provision of the Services.
"Contract" means the agreement between Arclid and the Customer incorporating
these conditions, the Arclid Service Order Form (where completed) and Arclid's charges for
the provision of its services; References to "Agreement" shall, where the
context admits, be read as referring to the Contract.
"Equipment" means equipment which is supplied by or on behalf of Arclid to the
Customer or placed at or on a Site for the purpose of providing Service.
"Internet" means the global data network comprising Internet connected networks
using TCP/IP (Transmission Control Protocol/Intermit Protocol) Internet Standards means
the protocols and standards defined in the following Internet documents: RFC 1009, 1122,
1123 and 1250 and any future such protocols and standards as appropriate.
2. Services
2.1. The Services will be provided to Customer subject to the provisions
of this Agreement.
2.2. This Contract does not include the provision of telecommunications
services necessary for connection to the Service which will remain the responsibility of
Customer.
2.3. Requests relating to the provision of Service are, unless otherwise
agreed, to be made or confirmed in writing, or by electronic mail.
2.4. Arclid will use all reasonable endeavours to adhere to any dates
proposed by either Arclid or Customer for the provision of Service; however any such date
is to be treated as an estimate only and Arclid accepts no liability for failure to meet
such dates.
2.5. Arclid will use all reasonable endeavours to provide reliable
Service; however, it is not practicable to provide Service free of faults and Arclid does
not undertake to do so. In the event of a fault in Service, you must report the fault by
telephone, telefax or electronic mail to Arclid's Technical Support at the appropriate
numbers or addresses or other such numbers or addresses that Arclid may from time to time
provide. Upon receipt of the fault report, Arclid will take all proper steps without undue
delay to correct the fault. Arclid shall not, in any event, be liable for interruptions of
Service.
2.6. Arclid make no representation and give no warranty as to the
accuracy or quality of information received by any person via the Server and we shall have
no liability for any loss of or damage to any data stored on the Server.
2.7. Customer represents, undertakes and warrants to Arclid that
Customer will use the Service allocated to you only for lawful purposes. In particular,
Customer represents, warrants and undertakes to us that it:
2.7.1. will not use the Service in any manner which infringes any law or
regulation or which infringes the rights of any third party, nor will it authorise or
permit any other person to do so;
2.7.2. will not post, link to or transmit:
2.7.2.1. any material which is unlawful, threatening, abusive,
malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way;
2.7.2.2. any material containing a virus or other hostile computer
program;
2.7.2.3. any material which constitutes, or encourages the commission
of, a criminal offence or which infringes any patent, trade mark, design right, copyright
or any other intellectual property right or similar rights of any person which may subsist
under the laws of any jurisdiction.
2.8. Customer shall keep secure any identification, password and other
confidential information relating to its account and shall notify Arclid immediately of
any known or suspected unauthorised use of its account or breach of security, including
loss, theft or unauthorised disclosure of any password or other security information.
2.9. While Arclid will use every reasonable endeavour to ensure the
integrity and security of the Server, it does not guarantee that the Server will be free
from unauthorised users or hackers or from corruption by virus and Arclid shall be under
no liability for non-receipt or misrouting of email or for any other failure of email or
damage to data or operations.
3. Warranty
3.1. Arclid warrants that it will provide the Services at a professional
level of quality conforming to generally accepted industry standards and in compliance
with all applicable laws and regulations. EXCEPT AS SPECIFICALLY PROVIDED IN THIS
AGREEMENT, CUSTOMER’S USE OF THE SERVICES ARE AT CUSTOMER’S OWN RISK, AND ARCLID
DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR
CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES OR
CONDITIONS ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT AS
SPECIFICALLY SET FORTH HEREIN, THERE IS NO WARRANTY THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
4. Disclaimer of Third Party Actions and Control
4.1. Arclid does not and cannot control the flow of data to or from the
Internet or to and from other service providers such as Mobile Telecommunications
providers. Such flow depends on the performance of Internet services provided or
controlled by third parties. At times, actions or inactions caused by these third parties
can produce situations in which Customer connections to the Internet (or portions thereof)
may be impaired or disrupted. It cannot be guaranteed that such situations will not occur
and, accordingly, Arclid disclaims any and all liability resulting from or related to such
events.
4.2. In the event that Customer’s use of the Service or interaction
with the Internet or such third parties is causing harm to or threatens to cause harm to
the Arclid Network or its operations, Arclid shall have the right to suspend the Service.
Arclid shall restore Service at such time as it reasonably deems that there is no further
harm or threat of harm to the Arclid Network or its operations.
5. Limitations of Liability
5.1. Arclid shall not be liable by reason of any representation,
warranty, condition or other term, whether express or implied by statue, common law or
otherwise or of any statutory provision for contribution or of limitation any other
statutory duty or duty or common law or under the express terms of a contract, for any
loss (including, without limitation, loss of profit, income, business, revenue, or
goodwill, costs, expenses or other claims whatsoever) damage or injury of any kind, direct
or indirect and consequential loss, howsoever arising and whether as a result of any loss
of technology, loss of data, or interruption or loss of use of Service or otherwise, or
any other similar claims by Customer or related to Customer’s business, and even if
Arclid is advised of the possibility of such damages.Notwithstanding anything to the
contrary in this Agreement, Arclid’s maximum aggregate liability to Customer related
to or in connection with this Agreement whether under theory of contract, tort (including
negligence), strict liability or otherwise will be limited to the total amount due to
Arclid from Customer hereunder for the first one (1) month period of the Agreement.
6. Miscellaneous Provisions
6.1. Force Majeure. Arclid shall not be liable under this Agreement for
delays, failures to perform, damages, losses or destruction, or malfunction of any
equipment, or any consequence thereof, caused or occasioned by or due to fire, earthquake,
flood, water, the elements, labour disputes or shortages, utility curtailments, power
failures, explosions, civil disturbances, governmental actions, shortages of equipment or
supplies, unavailability of transportation, acts or omissions of third parties, or any
cause beyond its reasonable control.
6.2. Assignment. Neither party may assign its rights or delegate its
duties under this Agreement either in whole or in part without the prior written consent
of the other party, except to an affiliate or a party that acquires substantially all of
the assigning party’s assets or a majority of its stock as part of a corporate merger
or acquisition. Any attempted assignment or delegation without such consent will be void.
This Agreement will bind and inure to the benefit of each party’s successors and
permitted assigns.
7. Entire Agreement
These Terms and Conditions together with any documents expressly referred to in them,
contain the entire Agreement between Arclid and Customer relating to the subject matter
covered and supersede any previous Agreements, arrangements, undertakings or proposals,
written or oral, between us in relation to such matters. No oral explanation or oral
information given by any party shall alter the interpretation of these terms and
conditions. In agreeing to these terms and conditions, you have not relied on any
representation other than those expressly stated in these terms and conditions and you
agree that you shall have no remedy in respect of any misrepresentation which has not been
made expressly in this Agreement. Arclid may amend this Agreement at any time by posting
the amended Agreement on our site or by giving you notice by e-mail. Any amended Agreement
will govern new user registrations from the date that it is posted on our website.
Existing users will be bound by the amended Agreement after the expiry of 30 days
following the date of notice. No other amendment to this Agreement will be effective
unless made in writing, signed by you and by Arclid.
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