Terms and Conditions of Website Use and Sale of Goods and Services

This section, together with any clauses, documents and definitions referred to therein, constitute the terms and conditions under which you may use our website. Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this site.

By browsing on or using our website, you indicate that you accept these terms and conditions of use and that you agree to abide by them. If you do not agree to these terms and conditions, along with our Privacy Policy, please refrain from using our site. We reserve the right to amend these terms and conditions at any time and for any reason. It is your responsibility to check the Terms and Conditions regularly for any changes. Last updated: 15 August 2016.

Who we are

ARC Angel and its website is owned and operated in the United Kingdom by Arc Informatics Limited (registered number 8189979) whose registered address is Causeway House, 1 Dane Street, Bishop’s Stortford, Herts. CM23 3BT. Our VAT Registration Number is 216 9804 92. Our business address is Unit 7, Woodham Road, Battlesbridge, Essex SS11 7QL

We make all reasonable efforts to ensure that this website is available to view and use twenty four hours a day throughout the year; however, this is not guaranteed and the site may be temporarily unavailable at any time due to server or systems failure or technical issues, required updating, maintenance or repair or reasons beyond our control.

We reserve the right to change the domain address of this website and any goods, products, prices, specification, availability and services at any time.

  1. Definitions
    1. ‘Buyer’ (you/your) means the individual who buys or agrees to buy the Goods and Services from the Supplier.
    2. ‘Consumer’ shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977; unless specifically agreed otherwise in writing between the Supplier and the Buyer. The Buyer deals as a Consumer if he/she is not in the course of business and the Goods and Services are of a type ordinarily supplied for private use.
    3. ‘Contract’ means the contract between the Supplier and the Buyer for the sale and purchase of Goods and Services incorporating these Terms and Conditions.
    4. ‘Goods’ means the ARC Angel Monitoring System that the Buyer agrees to buy from the Supplier.
    5. ‘Services’ means the ARC Angel Monitoring System Alerts and Maintenance Services that the Buyer agrees to buy from the Supplier as part of an inseparable packaged product.
    6. ‘Supplier’ means Arc Informatics Limited (we/our/us) of the above address that owns and operates the ARC Angel website.
    7. ‘Terms and Conditions’ means the terms and conditions of using our website and sale of Goods and Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier.
    8. ‘Website’ or ‘site’ means the ARC Angel website.
    9. ‘Writing’ or ‘Written’ means emails are included unless we state otherwise.
  2. Conditions of our contract with the Buyer
    1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer. This contract is between you and us. No other person shall have any rights to enforce any of its terms and conditions.
    2. These Terms and Conditions shall apply to all contracts for the sale of Goods and Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
    3. Our Goods and Services are intended solely as a monitoring and information system. They are not directly linked in any way whatsoever to the emergency services or external monitoring agencies and must not be relied upon as an emergency alarm or life-saving service, although the carer’s actions as a result of a warning message might. It is the Buyer’s responsibility to ensure that Goods and Services available through this website meet with your specific requirements. Commentary and other materials posted on this site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such Goods and Services by any visitor to our site,
      or by anyone who may be informed of any of its contents. We reserve the right to change any feature or specification of our Goods and Services without notice and for any reason
    4. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
    5. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
    6. We process information about you and your visits to our website in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
    7. We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions.
    8. Any concerns and requests should be addressed to the Supplier’s business address stated in clause 22.
  3. Ordering of Goods
    1. All orders for Goods and Services shall be deemed to be an offer by the Buyer to purchase Goods and Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
    2. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.
    3. When making an order through the website, the successive steps the Buyer needs to take to complete the order process are described in the ‘Order and Payment’ section.
    4. When making an order by telephone, we will confirm the details in writing attaching a copy of these Terms and Conditions and, if applicable, stating whether you have declared to us that the relative you are caring for is eligible for VAT relief. By placing an order by phone you are agreeing to be bound by those Terms and Conditions relating to the sale of Goods and Services.
  4. Price and Payment
    1. The price of the Goods and Services shall be that stipulated on the website. The price is inclusive of VAT at the prevailing rate at the time of purchase unless stated otherwise. In certain circumstances the Buyer may be able to claim VAT relief if the relative being cared for is eligible under the terms defined on the HMRC website. If applicable, a declaration will be completed at the time of purchase which the Supplier will retain for inspection as required.
    2. The total purchase price, including VAT, delivery and other charges, if any, will be displayed in the Buyer’s ‘Order and Payment’ section of our website prior to confirming the order.
    3. After the order is received the Supplier shall confirm by email the details, description and price for the Goods and Services together with information on the right to cancel if the Buyer is a Consumer.
    4. Payment of the price plus VAT, delivery and other charges, if applicable, must be made in accordance with the payment terms expressed in the ‘Order and Payment’ section.
    5. Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the delivery of Goods and provision of any Service until payment has been received.
    6. Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 6% per annum above the base rate of the Bank of England from time to time in force.
  5. Performance of Services
    1. The Supplier’s Goods shall normally begin to perform the monitoring and alerts services immediately on proper installation of the Goods by or on behalf of the Buyer, but in any event within 2 days of the Goods being satisfactorily installed. The Supplier is under a legal obligation to supply Services in conformity with the Contract, dependent fully upon sufficient mobile phone network signal strength in the sender’s locality.
    2. Alerts are sent by text message to a mobile phone number as set up by the Buyer. Our prices exclude the costs of standard rate routine and warning text alert messages sent from a mobile phone pay-as-you-go SIM card from the Buyer’s preferred network operator plus a single premium rate text message each month to allow the Supplier to check that the Goods continue to operate correctly. The Supplier undertakes to provide the Buyer with a best estimate of expected total annual running costs on this website at the time of purchase.
    3. The Supplier shall perform the Services with reasonable skill and due care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore the Services as quickly as is reasonably possible.
    4. The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
  6. Rights of Supplier
    1. The Supplier reserves the right to periodically update purchase prices and any other charges on the website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices and estimates of annual running costs are correct at the point at which the Buyer places an order.
    2. The Supplier reserves the right to withdraw any Goods and Services from the website at any time.
    3. The Supplier shall not be liable to anyone for withdrawing any Goods and Services from the website or for refusing to process an order.
  7. Eligibility to Purchase Goods and Services
    1. To be eligible to purchase Goods and Services from this website and enter into a contract with us you must be 18 years of age or over and be legally capable of entering into a binding contract. The Buyer must provide full details of an address in the United Kingdom for delivery of Goods. If you do not qualify, you must not use our website.
    2. If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and Services, the Supplier shall be entitled to cancel the order immediately, without notice.
  8. Delivery of Goods
    1. Goods will be delivered free of charge within the United Kingdom by selected rapid couriers or post and details/estimates of when the Goods will be delivered will be set out on the ‘Order and Payment’ section and confirmed in our email. If we are unable to meet the estimated delivery date due to an event out of our control, we will contact you with a revised estimated delivery date. Extra time may be required for deliveries to the Scottish Highlands and Islands.
    2. Goods ordered for supply and delivery to an address outside the United Kingdom will be accepted and processed at the sole discretion of the Supplier and we will contact you with the method of delivery and an estimated delivery date.
    3. Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
    4. The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date or time period therein.
    5. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Where specifically requested, we can arrange delivery to your work address. The Supplier is under a legal obligation to supply Goods in conformity with the Contract.
    6. Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.
    7. Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
  9. Your Cancellation Rights
    1. Before the Goods are delivered you have the right to cancel an order at any time before we despatch the Goods by contacting us. We will confirm your cancellation in writing to you and if you have made any payment in advance for Goods that have not been despatched to you we will refund these amounts to you.
    2. The Buyer, if a Consumer, has the statutory right to cancel the Contract within 14 calendar days of delivery if for any reason you change your mind. To get a full refund the Goods must be returned to us and must arrive complete, as new and in its original packaging. If you wish to use this right of cancellation call our Care Line on 01245 860252 within 14 calendar days of receiving the Goods. We will advise you how to return the Goods and, if applicable, we recommend that you ask for proof of posting to confirm when you despatched it in the event of delays or losses.Full refunds will normally be made within 10 working days of us receiving the Goods in good condition as defined above. We are permitted to reduce the amount refunded if parts are missing or damaged or there is evidence of use beyond the handling considered necessary to see whether the Goods are as expected.If the Goods are not returned to us, we will withhold any such refund until we have either received the Goods or you have supplied proof of posting, whichever is the sooner.
  10. Supplier’s Guarantee of Goods and Services
    1. Where you have purchased the Goods from us we guarantee that for a period of 12 months from delivery, the Goods and Services shall be free from material defects and we undertake to repair or replace defective goods as appropriate.
    2. If you experience any problems, please contact our Care Line on 01245 860252 who will endeavour to resolve the problem or if this is not possible they will make arrangements for repair or replacement of the defective part(s).
    3. This guarantee does not apply to any defect in the Goods arising from: fair wear and tear; wilful damage, abnormal storage or working conditions; accident, negligence by you or any third party; failure to operate the Goods in accordance with user instructions; any alteration or repair by you or by a third party who is not one of our authorised repairers.
  11. Limitation of Liability
    1. Except as may be implied by Law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
    2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s employees, agents or sub-contractors, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
  12. Waiver of Supplier’s Rights
    1. No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
  13. Events Outside of Our Control (Force Majeure)
    1. The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery, shortage of components or unavailability of raw materials from a natural source of supply, very prolonged failure of mains power at properties where the Goods are in use, failure to use the Goods or Services in accordance with our instructions; and the Supplier shall be entitled to a reasonable extension of its obligations for the duration of the event outside our control.
    2. We will contact you promptly if we have to cancel an order for Goods before they are delivered due to an event outside our control or the unavailability of stock. Under these circumstances, and if you have made a payment in advance for Goods that have not been delivered, we will refund these amounts to you.
  14. Severance of Terms and Conditions
    1. If any term, clause or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
  15. Changes to Terms and Conditions
    1. The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
  16. Intellectual Property Rights
    1. This website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website and services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing this website as a Buyer, you agree that you will access the content solely for your personal non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the written prior consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use. You must not use any part of the content of this website for commercial purposes without first obtaining our expressed permission in writing.
  17. Loss of access, attacks on our site and downloading from it
    1. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you could commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and will disclose your identity to them. In the event of such a breach, your right to access our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or any website linked to it.
  18. Linking to our website
    1. You may create a link to our website from another website, document or any other source without first obtaining our prior written consent. Any such link must be to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
      You must not establish a link from any website that is not owned by you or contains content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted. We reserve the right to withdraw linking without notice and for any reason.
  19. Links from our website
    1. Where our website contains links to other sites and resources provided by third parties, any such links are provided for your information only and accessed at your sole discretion and risk. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  20. Reviews on our website
    1. You acknowledge that any review, feedback or rating which you leave or submit may, at our discretion, be published by us on our website and may be displayed for as long as we consider appropriate and may be syndicated to our other website, publications or marketing materials. You undertake that any such material shall be factually accurate and contain genuinely held opinions. We reserve the right to edit or remove any reviews without notice and for any reason.
  21. Governing Law and Jurisdiction
    1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the non-exclusive jurisdiction of the English courts. We retain the right to bring proceedings against you for breach of our terms and conditions either in your country of residence or any relevant country.
  22. Contact us
    1. If you have any concerns regarding the content of our website, or requests therein, please email [email protected] or call 01245 860252 or write to the Online Marketing Manager at Arc Informatics Limited, Unit 7, Woodham Road, Battlesbridge, Essex SS11 7QL

Thank you for visiting our website and reading our Terms and Conditions.