By clicking on the "Accept" button below or otherwise confirming your acceptance of these terms (including via email or by attaching them to a purchase order) you agree to these terms which will bind you and govern your use of the app and the services
If you do not want to accept these terms, please select "Reject".
You are also responsible for ensuring that all persons who (i) access ARC360 and use the Services through your internet connection and (ii) are authorised by you to access ARC360 on your behalf and use the Services through their personal internet connection are aware of these Terms, and that they comply with them.
Who we are and what this Agreement does:
We, ARC REGULATORY LIMITED of 1 The Cornstore, Market Street, Moneymore, Magherafelt, Derry, Northern Ireland, BT45 7PE license you to use ARC 360 and the information and content we provide to you through it (the “Service”) as permitted in these Terms.
In referring to “you” for the purposes of these Terms, we are referring not only to the business, organisation or individual with whom we have contracted for use of ARC360 as detailed in the Plan (as defined below) but also to any named individual to whom a specific licence has been granted to use ARC360 and avail of the Service (as applicable).
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice which can be found here and it is important that you read that information. By accepting these Terms you are also acknowledging that you have read and accepted the terms of our Privacy Notice.
We may collect technical data about your device:
If you want to learn more about ARC360 or the Service or have any problems using them, please take a look at the frequently asked questions on our FAQs page.
If you think that either ARC360 or the Service is faulty or wrongly described or wish to contact us for any other reason please email our customer service team at email@example.com or call them on +44 28 7963 9304. We aim to respond to email support enquiries within 24 hours.
If we have to contact you, we will do so by email or by pre-paid post, using the contact details you have provided to us.
Your level of access to ARC360 (which may be under our Regular Plan, our Professional Plan or our Enterprise Plan), the duration of your access (as detailed in the relevant quotation, purchase order, statement of work or similar documents), the amount payable for such access and the payment terms for it, will be as detailed on our website for your chosen plan (the “Plan”) and can be found in your profile.
Without limiting our other rights and remedies, we may charge interest at an annual rate of 3% above the base rate of the Bank of England, calculated on a daily basis in respect of any sum which is due and unpaid by you, that interest to run from the date on which that sum is due and payable until receipt by us of the full amount, whether before or after judgment.
All fees payable for use of the Service are exclusive of VAT or any other applicable sales tax, which shall be paid by you at the rate and in the manner for the time being prescribed by law.
If any unauthorised use is made of ARC360 or the Service and such use is attributable to your acts or defaults (including but not limited to breach of these Terms) then, without prejudice to our other rights and remedies, you shall immediately be liable to pay us an amount equal to the fees that we would have charged, had the unauthorised use been authorised at the beginning of the period of that unauthorised use together with interest at the rate provided for above from the date of that unauthorised use to the date of payment.
You must keep your account details safe.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
We are not responsible for viruses and you must not introduce them.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site, use ARC360 and avail of the Service. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site, ARC360 and the Service will cease immediately.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. We are also the owner or licensee of all intellectual property rights in ARC360 and the Service. Those works are protected by copyright laws and treaties around the world.
All such rights are reserved.
The rights in ARC360 and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, ARC360, the Services or the information and content on our site other than the right to use them for the Permitted Purpose in accordance with these Terms.
How you may use the content and information you access as part of the Services:
You may only access ARC360 and use the information available using the Service to gain an understanding of what you must do to comply with regulations relating to in vitro diagnostic medical device clinical research in the countries covered by ARC 360 (the “Permitted Purpose”).
You may not print off or download extracts of any page(s) from our site.
You may use the content and information available as part of the Service only for internal business use (which shall not include the use of such content and information by, or for the benefit of, any person other than you or one of your direct employees).
You may not transfer your right to access ARC360 and use the Services to anyone else. You agree that you will:
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce from time to time.
We will give you as much notice as possible of any such change by sending you an email with details of the change or notifying you of a change when you next come onto our website or start ARC360.
If you do not accept the notified changes you may continue to use ARC360 and the Service in accordance with the existing terms but certain new features may not be available to you.
From time to time we may automatically update ARC360 and change the Service to improve performance, enhance functionality, update the information available using the Service, reflect changes to the operating system or address security issues.
We are not responsible for other websites you link to:
ARC360 or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
A breach of these acceptable use restrictions is considered a serious breach.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to ARC360 or any content or information accessed as part of the Services.We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In particular, we will not be liable for:
We are not responsible for events outside our control. If our provision of the Services or your access to ARC360 or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay (by which we mean a successive period of at least 30 days) you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
The content and information you access when using the Service is provided for general information only. It is not intended to amount to advice or to be treated as a recommendation on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of your use of the Service.
Although we make reasonable efforts to update the content and information you access when using the Service, we make no representations, warranties or guarantees, whether express or implied, that it is accurate, complete, reliable, secure, useful, fit for purpose, timely or up to date.
We give no warranty, representation or guarantee that
Our total liability in contract, tort (including negligence or breach of statutory duty however arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the use of ARC 360 or the Service shall be limited to the fees paid or payable to us by you in the first 12 months of your contract with us or if you have been using ARC360 for a period which exceeds 12 months, then the fees paid or payable by you in the 12 month period prior to the date on which the claim arose.
In addition to the other situations detailed in these Terms in which your right to use ARC360 and access the Service may cease or be suspended by us, we may end your rights to use ARC360 and the Service if you break these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use ARC360 and access the Service, you must immediately stop all activities authorised by these Terms, including your use of ARC360 and any Service.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term within these Terms.
If a court finds part of these Terms illegal, the rest will continue in force.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms against you, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking your contract with us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These Terms and our Plan together constitute the entire agreement between us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
By accepting these Terms, you are acknowledging that you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
These Terms, their subject matter and formation, are governed by the law of Northern Ireland. We both agree to the exclusive jurisdiction of the Northern Ireland courts in the event of any disputes arising in connection with these Terms.