Conditions of Sale
Your Contract with Us
Please note that if you are a corporate subscriber who has entered into a subscription agreement with us (a "Subscriber") your subscription already entitles you to view the Materials on our Website. Therefore any references in these Conditions of Sale to purchasing credits in order to view Materials shall not apply to Subscribers.
Viewing and Downloading Materials
Viewing is free. To download Materials from our Website you will be required to purchase credits.
To purchase credits, (i) log in to your Arrows Account (or create an Arrows Account if you do not have one); (ii) provide your billing information; (iii) confirm the details of the number of credits you wish to purchase and (iv) confirm that you have read and accept these Conditions of Sale. Your account will then be credited with the number of credits you have chosen to purchase [and you will then receive a purchase confirmation email from us.] [To cancel your order at any time prior to completion of your purchase, click the "cancel" (or similar) button at the bottom of each purchase page on the applicable Website].
You can correct certain inputting errors that you have made on the Website (such as an incorrect credit card number or billing address) by logging into your account via the "My Account" link located on our home page.
You may exchange the credits you have purchased to unlock or download Materials to your computer. The applicable price for the purchase of credits and the applicable tariff for unlocking or downloading Materials will be displayed on our Website (the "Price"). For purchasers located in Europe, the Price includes any applicable VAT.
We reserve the right to change the Price for credits from time to time but this will not affect the price of credits which you have ordered and paid for prior to any change in Price made by us. If the Price published on our Website is materially incorrect when you place an order, we will: (i) contact you by email with the correct price; and (ii) ask you to confirm whether you would like to purchase credits at the correct Price. If applicable, we will also state the period for which the Price remains valid. If you choose not to complete your purchase at the corrected Price, we will provide you with a full refund for any amounts already paid by you.
We only accept payments for purchases of credits by credit card. You must supply your credit card details when you place your order. [Your credit card will be charged when we issue our purchase confirmation email.] You will not be able to use any credits to exchange for Materials until your credit card issuer has authorised the use of your card for payment of those credits.
Costs associated with accessing our Website and/or downloading the Materials on our Website depends on your Internet Service Provider. Please see your Internet Service Provider's terms and conditions for further details.
Performance of the Contract
The Materials that we make available on the Website may be downloaded or accessed at any time after you have completed your purchase of the required quantity of credits. Our obligation to deliver the Materials to you shall be complete at such time as, and place where, you first view Materials or receive the downloaded Materials.
There are no refunds for credits purchased on our Website.
If you are not purchasing credits in the course of your business and you reside in the European Union, you have the right to withdraw from your purchase within fourteen calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). You will lose your right of withdrawal in respect of those credits you have purchased where you start using such credits by viewing or downloading your selected Materials before the end of the Cooling Off Period.
This Contract does not confer any rights or remedies upon any person other than the parties to this Contract. You may also have additional rights under applicable law.
Use of Materials Purchased on our Website
UPON PAYMENT OF THE APPLICABLE PRICE FOR MATERIALS WE GRANT YOU AND YOU ACCEPT A NON-EXCLUSIVE, NON-TRANSFERABLE LICENCE FOR YOU TO USE SUCH MATERIALS FOR NON-COMMERCIAL, PRIVATE RESEARCH PURPOSES ONLY.
YOU ACKNOWLEDGE AND ACCEPT THAT THE VIEWING AND/OR DOWNLOADING OF MATERIALS DOES NOT ENTITLE YOU TO MAKE ANY DIRECT OR INDIRECT COMMERCIAL USE OF THE MATERIALS AND THAT YOU WILL NOT RESELL OR COMMERCIALLY EXPLOIT THE MATERIALS IN ANY WAY WITHOUT PERMISSION FROM THE OWNER(S) OF THE MATERIAL. YOU FURTHER ACKNOWLEDGE AND ACCEPT THAT YOU WILL NOT COPY, LICENSE, TRANSFER, MAKE AVAILABLE, DISTRIBUTE, ASSIGN OR OTHERWISE DISPOSE OF YOUR LIMITED RIGHTS TO USE THE MATERIALS TO ANY THIRD PARTY.
You hereby indemnify us, our affiliates, contractors and licensors, and shall keep such parties fully and effectively indemnified, against all liabilities, losses, damages, costs and expenses (including legal costs) that each of us may suffer or incur as a consequence of any breach by you of this section.
Our Liability to You
To the fullest extent permissible under applicable law, the Materials contained on the Website are provided to you "AS IS," and your use is at your own risk. We do not make, and hereby disclaim, any and all other express, implied or statutory warranties, including implied conditions or warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, and any warranties arising from a course of dealing, usage, or trade practice.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU
To the maximum extent permitted by applicable law, neither we or our licensors shall be liable to you for any lost profits, cost of substitute goods or services, or any form of indirect, special, incidental, consequential or punitive damages from any causes of action arising with respect to the Materials, whether arising in tort (including negligence), contract, strict liability or otherwise, whether or not such party has been advised of the possibility of such damage. In no event shall our aggregate liability under these Conditions of Sale exceed the amount actually paid by you to view or download the applicable Materials.
Notwithstanding the foregoing, nothing contained in these Conditions of Sale limit our liability to you for fraudulent misrepresentations, death or personal injury caused by our negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.