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Terms and Conditions

Effective Date of this Current Policy: January 1st, 2017

Thank you for visiting www.archibaldlondon.com (the “site”). Caesar Pro Limited, which does business as Archibald London, operates the site and provides services through the site. For convenience, we will refer to ourselves as “Archibald”, “we” or “us” and thereby keep this simple.

We have made our best effort to ensure this document is as easy to read as possible. For simplicity sake, we will refer to both the Site and the services available through the Site as the “Services.”

Before making use of any of our services, please read our Terms of Use and any other notices and policies on the Site (the “Terms”) and our Privacy Policy at www.archibaldlondon.com/privacy-policy.

In their entirety, these materials contain terms, rules, and other guidelines that are related to your use of the Services. When you use the Services, you are agreeing to these terms, so please do not use any of the Services if there is anything within this document that you disagree with. Some parts of the Service will carry with them additional terms, guidelines or rules and if you should choose to use those parts, the additional terms will also apply.

The terms in this section are legally binding and because of this, it is important that you fully understand them so should you have any questions please contact us at anytime at info@archibaldlondon.com.

We reserve the right to update these Terms of Use at Any Time.

The world these days moves at a much faster pace than the one we entered. Things take place quickly and particularly as a young brand trying to establish our unique idea in this world – Archibald London moves quickly – and we will on occasion review and update these Terms to make sure they accurately reflect developments in our current business operations and the law. We reserve the right to update and revise these terms at any time. The effective date at the top of this document serves a good indication for you to know if the Terms have changed since you last visited the portal.

We ask for the sake of completeness and diligence that these Terms are reviewed regularly because following any changes to the Terms being posted – continued usage of the Service constitutes your acceptance of the revised Terms.

Eligibility

We only allow individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. If you are under 18 years old and would like to use the Services, you may do so if a parent or legal guardian who is at least 18 years old supervises your session. In every case, the adult would effectively be the user and is responsible for all activity.

Also, you can only use or receive the Services to the extent the laws of your jurisdiction or country do not bar you from doing so. Please ensure these Terms comply with all laws, rules and regulations that apply to you.

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We hold the right to refuse to let certain people access or use the Service and can alter our eligibility criteria.

We offer the Services only for personal, non-commercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for a minor).

Home Try-On. Three Styles for Five Days

At Archibald London we offer a free five day Home Try-On Service that allows you to experience the difference of our product and at the same time help make a decision as per which styles suit you the best. You may choose up to three frames (each equipped with non-prescription, dummy lenses) to try at home for a five-day period (the “Trial Period”). When you pick the designs and set up your Home Try-On Kit, we will verify the credit card information, which may pre-authorise a £1.00 charge on the credit card you provide to us. The £1.00 charge is only made for security purposes in order to ensure the card is valid and should typically disappear with 24-48 hours (depending on your bank) of you placing your order.

When you use our Home Try-On service, you agree to return all Home Try-On frames to us in their original condition within the Try-On Period and using the pre-paid return packaging we provide. If the Trial Period ends, and any of the frames are still yet to be returned, or the frames are returned in a damaged condition, we will charge your credit card for the full amount of each pair of frames that are missing or damaged (£159 for Acetate Frames and £169 for Titanium frames). If you require an extra few days with the service we simply request you inform us by email at info@archibaldlondon.com as your return of the kit directly affects the experience of other customers.

Finally, before making any charge, we will of course contact you and discuss the matter – each incident will be treated on a case by case basis.

This means this charge applies to frames that you decided to keep or are lost, stolen or damaged. By submitting your Home Try-On order, you authorise Archibald to charge your card for the full retail price of each frame as displayed on our site, plus sales tax wherever applicable if you do not return your Home Try-On selections according to the guidelines in this section.

We also request that you make sure to keep hold of the proof of return postage receipt from the post office counter when dropping off the package. This will allow you to track the parcel on it’s way back to us and help avoid any complications with returns.

If you decide that you would like to order any of the styles you received during the Trial period, you can simply do so by placing an order through our website. For prescription eyewear, you will also need all required, valid prescription information in order to fully complete your order. If this is not on hand, you may still make an order to reserve the style in question until you find all your remaining prescription information.

Currently, our Home Try-On program is available as a free service to customers who live in the United Kingdom and the United States. For other countries a delivery fee might apply. Please click here for more information.

Getting Your Archibald London Glasses and Sunglasses

1. Select your designs

At Archibald London we offer a wide range of eyeglasses and sunglasses that can have either prescription or non-prescription, tinted or clear, polarised or non-polarised lenses. If you wish to purchase multiple frames using different prescriptions, this is possible as you will be asked to enter the prescription for each pair during the checkout process. If you cannot find the option that you are after, please contact us and we will look for the options for you right away.

Eyeglasses

To order a pair of eyeglasses, select the design you would like and click the “Add to Cart” button to add it to your order. Prior to adding to cart, you will have a range of lens options.

1.67 Hi-Index UltraTHIN Lenses (MR) – JAPAN - STANDARD

- UltraThin lenses come standard at no extra price.

- 30% thinner, lighter and made of stronger MR Material than standard plastic lenses.

- Anti-scratch, anti-reflective and super water repellant coating included.

- Provides 100% UV protection.

- Equivalent lenses retails for upwards of £300.

- Free with purchase of Prescription Eyeglasses.

1.6 Hi-Index SuperTHIN Lenses (MR) w/ BLUE Filter - JAPAN

- UltraThin lenses come standard at no extra price.

- 20% thinner, lighter and made of stronger MR Material than standard plastic lenses.

- Anti-scratch, anti-reflective and super water repellent coating included

- Provides 100% UV protection and protection against BLUE light.

- Equivalent lenses retails for upwards of £300

- Free with purchase of Prescription Eyeglasses

1.74 Hi-Index Super UltraTHIN Lenses - JAPAN

- Even thinner than 1.67 Index lenses, recommended for very high prescriptions.

- 45% thinner, lighter and made of stronger jER Material than standard plastic lenses.

- Anti-scratch, anti-reflective and super water repellent coating included.

- Provides 100% UV protection

- Equivalent lenses retails for upwards of £350

- £35 extra when purchasing Prescription Eyeglasses.

1.7 Hi-Index Super UltraTHIN Lenses (jER) w/ BLUE Filter - JAPAN

- Even thinner than 1.6 Index lenses, recommended for very high prescriptions.

- 40% thinner, lighter and made of stronger jER Material than standard plastic lenses.

- Anti-scratch, anti-reflective and super water repellent coating included.

- Provides 100% UV protection

- Equivalent lenses retails for upwards of £350

- £35 extra when purchasing Prescription Eyeglasses.

Sunglasses

To order a pair of sunglasses, select the desired design and use the ''Lens Options'' to select the colour of your lenses. You will be given three options, non-polarised lenses (tinted with no prescription), polarised lenses and prescription sunglasses lenses (tinted with prescription). As with eyeglasses, lens selection can be altered during checkout which will lead to changes in price.

Polarised Sunglasses 1.5 Index (CR-39) - JAPAN

- Thin and light plastic lenses.

- Best in class Precision Polarization – 4x as effective as standard polarized lenses.

- Provide 100% UV protection.

- Equivalent lenses retails for upwards of £250.

- Free with purchase of Polarised Sunglasses.

Prescription Sunglasses - 1.67 Hi-Index UltraTHIN Lenses (MR) - JAPAN

- UltraThin lenses come standard at no extra price.

- 30% thinner, lighter and made of stronger MR Material than standard plastic lenses.

- Anti-scratch, anti-reflective and super water repellent coating included.

- Provides 100% UV protection.

- Range of tints available.

- Retails for upwards of £350

- Free with purchase of Prescription Sunglasses.

Prescription Sunglasses - 1.74 Hi-Index Super UltraTHIN Lenses (jER) - JAPAN

- Even thinner than 1.67 Index lenses, recommended for very high prescriptions.

- 45% thinner, lighter and made of stronger MR Material than standard plastic lenses.

- Anti-scratch, anti-reflective and super water repellent coating included.

- Provides 100% UV protection.

- Range of tints available.

- Retails for upwards of £400.

- £35 extra when purchasing Prescription Sunglasses.

2. Provide your prescription

If you are purchasing prescription eyewear, you will be prompted to insert your prescription information into a replicated “Prescription Form” during the checkout process.

If you do not feel confident inserting your prescription, you can email us a picture of your prescription to info@archibaldlondon.com and we can help double check or append the prescription to your order. If there are any extra charges (wrong lenses chosen for prescription) we will invoice this separately through our Merchant Gateway, Braintree.

Please note in the event that an incomplete prescription is submitted, our team will need to take the relevant steps to obtain all required information which may result in a delay in delivery of your order. We generally request you double check your prescription is valid on the date you place your order. If there is no expiration date on the prescription, we will fill your order in accordance with applicable legal requirements or within two years of the date of the prescription.

3. Pupillary Distance Measurement

We will also need your Pupillary Distance or “PD” (which is essentially jargon to describe the horizontal distance between your pupils) in order to fill your order. In the United Kingdom, the measurement is omitted from prescriptions in an awkwardly lacking attempt to force a purchase with the dispensing optician. If you have purchased glasses from them before, they will almost certainly have the value on file, however obtaining them can sometimes prove to be a challenge. In most cases, dispensing opticians provide this at no extra cost, however we are prepared to reimburse any charge up to £15 for that expense if you purchase your glasses from Archibald London. In such circumstances, please keep the receipt for the same to submit to us.

We also provide self-measurement tools online, but there is always a risk that your measurement is not as accurate as one performed by a trained eye care professional. We advise to use our tools multiple times in order to make sure a consistent result is achieved. By using our tools, you acknowledge this risk and agree that we will not be responsible for any inaccuracies in PD.

4. Delivery Information

We will need your name, address, email address and telephone number in order to send you your Archibald London order. Please be careful to input your address accurately and double check the same in your email confirmation. If there are any changes, please do let us know immediately by emailing us at info@archibaldlondon.com. We cannot be liable if a delivery goes missing due to an incorrect address being submitted to us.

Delivery estimates are as follows. Standard eyewear orders generally arrive within 8-10 business days, with special orders, high prescriptions, progressive lenses and prescription sunglasses arriving approximately within 12 business days. As the glasses arrive from Japan, occasionally there might be a delay of a few days with customs formalities – we will do our best to inform you as soon as possible in this event.

When your order is dispatched from our forwarding address, you will receive an email notifying you of the tracking number of the package. You may use this to track it’s progress via Royal Mail. Following arrival in the United Kingdom, pairs are generally shipped out the next working day and arrive before 1 pm the next working day.

For a selection of sunglasses we offer a next day shipping which means your sunglasses will be shipped out the next working day and will arrive with you before 1 pm on the following day. This expedited shipping is for a limited quantity of styles that are “pre-customised” and are thus dispatched locally.

5. Payment

After you have made your selections and provided your shipping information, you will see a prompt for payment controlled by our Merchant Gateway, Braintree. You will be requested for details such as your credit card information and any promotional codes of gift card information you may have. By entering your payment information and submitting your order, you are authorising us to charge the amount of the order to your selected payment option. If there are any changes made to the order, we will confirm with you prior to making any extra charges.

6. Dashboard

After you have made your order, you will receive an email confirmation of your order as well the various details of the information you submitted during the checkout process such as shipping address and amount paid.

All this information is also available for you to check on your dashboard which will store a log of all your orders and their statuses as well as tracking information (when available). If you are ever concerned about your order, please do not hesitate to contact us at info@archibaldlondon.com.

7. Changing or Cancelling an Order

After making your order we wait a period of 24 hours before communicating the same to our lens laboratories for customisation. This window exists to give you an opportunity to make any changes or cancellations to your order. Please keep in mind the time differences between United Kingdom and Japan.

In the event that a change results in a higher charge, our customer service team will contact you to update payment.

In the event of cancellations or changes resulting in lower charges, the correct amount will be refunded and we will close any existing authorisations on your account that are connected with the transactions. Cancellations occurring within the 24 hour window are refunded in full.

8. Risk of loss

The risk of loss and title for all products you order passes to you following our delivery to the carrier (Royal Mail). We request you to be extra careful when providing your address details so as to ensure that your order arrives safely.

9. Returns and Exchanges

We offer free returns for all our frames for a period of 28 days following the arrival of your pair. This means that we provide full, no questions asked refunds for returns of "frame only" and "next day shipping" pairs, providing that they are in resalable condition.

Unfortunately, given the process by which orders take place (global shipments etc.), we have had to develop a penalty scheme for returns to prevent impulse purchases. Given the nature of the products we are selling and the customisation involved, we have to make a charge for returns. For any customisation or customised lenses ordered which have not been cancelled within the 24-hour cancellation period, a charge may be applied that will reflect the extent to which customisation occurred. For any lens upgrades, there will be an extra charge of £35.00.

This is summarised in the table below:

Case Situation / Amount charged

1) Single-vision standard prescription (1.67) £70.00

2) Single-vision high prescription (1.67) £100.00

3) Progressive prescription (1.67) £135.00

4) Polarised or Tinted lenses (1.5) £70.00

5) Prescription Sunglasses (1.67) £100.00

10. Lens Re-glazing.

We offer a lens replacement service, whereby we can fit your old frames, be they both Archibald and Non-Archibald, with new lenses in exchange. Please see the Lens Re-Glazing page for more information.

11. Access to your prescription.

We maintain full records of your prescription following an order. For orders made past February 2016, you may access this information from your dashboard. For any orders made prior to February 2016, please contact our customer service team and we will be happy to assist you in recovering your prescription.

12. Insurance

At the moment, we do not work with any insurance companies directly. However, we are able to provide an itemized invoice which you can then submit to the insurance company and make a claim (which is a customary practice amongst our customers).

Intellectual Property

Please be aware that using our services does not warrant you any right to our intellectual property. All content that is part of our Services, including all designs, illustrations, photographs, icons, video clips and written material, as well as the compilation of the website, Services, and other materials, are under the exclusive ownership of Archibald or our licencors and is protected by the jurisdiction of the United Kingdom and international copyright laws. All trademarks, service marks, and trade names (collectively the “Marks”) used as well as the general layout and user experience of the Site and Services belong to Archibald or the respective owners in alliance. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content that is available through the Services. Any means of taking or replicating our content is expressly prohibited.

Any unauthorised use of any of the aforementioned content or materials on the Services is forbidden and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

If you would like authorisation to use the materials or content on the Services, please contact Archibald at info@archibaldlondon.com

Limited Licensure

Whilst these regulations do not affect any of your statutory rights, we would still like to give our customers the comfort to use our site as freely as possible. We therefore, will give our customers a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services (i.e display locally) for sole personal, non-commercial use. This will enable you to use the Services as they are presented, under the terms set out.

To reiterate, this license does not permit you to do any of the below:

Copy, imitate, reproduce, distribute, mirror, publish, download, display, post, perform, store, or transmit any of the Service content, including, but not limited to, the “Marks”, in any form or buy any means, including all electronic, mechanical, photocopying, recording or otherwise; Modify, adapt, translate, reverse engineer, disassemble, decompile, or convert into any legible form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser; Resell or make any commercial use of the Services or any of the Service content; Use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or any similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any other user of the Services; or harvest any content from the Services.

Site Access

Please do not execute or attempt to execute any of the following whilst using our Services:

Interfere with the proper functioning of the Services or any activities conducted on the Services; Circumvent or avoid any measures we should take in limiting access to the Services, including but not limited to other accounts, computer systems or networks used in association with the Services;

Take any action that will impose or harm (as determined within our discretion) the infrastructure of our third party providers;

Run any form of auto-responder or “spam” on the Services; or take any means of action in violation of the Terms of Use or Privacy Policy.

License you grant to Archibald

We are always interested in the feedback of our customers to provide the most up-to-date and efficient user experience. We therefore encourage you to use any of the wide range of tools available, be it in the form of social media posts, chat rooms, comment areas, bulletin boards, news groups, posting sections or similar communicative outlets.

Please do note that you retain all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions pertaining to your ownership and license rights in your User Content unless you otherwise agree in writing. Upon providing your User Content to us, we do not own any of your content although you will grant us a license to use it appropriately, as will be outlined below:

Should you submit, distribute, transmit, or post through any communicative means to Archibald (either through Services; through our pages on third party sites, such as, but not limited to, Instagram , Twitter and Facebook; or through activities in our pop-up stores or similar events – this is collectively “User Content”. You grant us the right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Archibald to use your User Content to provide, promote, and improve the Services.

You agree that this license is irrevocable, non-exclusive, perpetual, sublicensable, transferrable, worldwide, fully paid, royalty-free, and will survive termination of your Account. Please note that should we use your User Content, including for advertising, promotional purposes or the like, we are not liable for any compensation of any kind to you unless otherwise stated, such as any referral schemes, etc.

You also agree that we may use your User Content for any ideas, concepts, know-how, or techniques that are contained thereof, for any purpose including, without limitation, development, manufacturing and marketing products.

In addition to the license you grant Archibald, you also allow each user of the Services an irrevocable, non-exclusive, perpetual, sublicensable, transferrable, worldwide, fully paid and royalty-free right and license to access your User Content through the Services and to use, modify, edit, distribute, reproduce, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.

To conclude, once you share something with us, you retain ownership of it and hold the right to use it for any purpose, but you also allow us and our other users to use your User Content as we deem acceptable. If you do not agree to these conditions, then please do not provide the materials to us.

Representations About Content You Submit

For us to be able to function smoothly, you will need to accept and uphold that:

You have all necessary rights, title and license to such materials;

All User content you provide is correct, up-to-date, complete and not misleading; and

Your submission of such materials does not infringe or breach the rights of any third parties including, but not limited to, any copyrights, trademarks, contract rights, privacy rights, publicity rights, or any other intellectual property or proprietary rights.

For our mutual welfare and the standard of conduct we uphold, we do not condone any User Content involving any of the following:

Software viruses or any other computer codes, files, or programs that intend or are meant for damaging, disruptive or limiting purposes, or those that impinge on the functioning of Archibald’s software, hardware, or telecommunications equipment or to damage or that obtain unauthorised access to any system, passwords and data, or other information we or our third parties own;

Profanity or any indecent or pornographic material;

Impersonation of any individual or entity;

The identification details or any sensitive material that may be personal or financial; or

Any unauthorised or unsolicited advertising, such as spam.

Digital Millennium Copyright Act

Of course we acknowledge and respect all rights pertaining to your intellectual property, as well as the rights of other users. Should we spot a user to be infringing upon another party’s intellectual property rights, we may remove the material. If we see repeated infringement or breaching of these rights, we will bar access to the appropriate parties involved.

Should you see any work of your own on the Services that are wrongfully represented or unauthorised, you can let us know. Our designated agent will need the following to respond to your query accordingly:

Identification of the works or materials being infringed;

Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials, and sufficient detail for the finding the verification of their existence;

A statement to declare your genuine belief in no existent permission on behalf of the copyright owner, its agent or the law, in regards to said materials;

A physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has allegedly been infringed;

A statement made under penalty of perjury that the information provided is accurate and you are authorised to make the complaint on behalf of the copyright owner; and

Your contact information, including contact number, address and, if available, e-mail address.

Should you have any questions please contact us at anytime at info@archibaldlondon.com.

Private vs. Non-private Content

We pride ourselves on the standard of conduct we uphold and treat your privacy rights with no less than the utmost respect. We also however, like to review and ameliorate functioning and user experience of the Services we provide for our mutual benefit. This requires us to use your User Content, which we consequently do not treat as confidential or private information. You may always refer to our Privacy Policy, which outlines what we consider as private and confidential information. Any post that is publicly shared on our Services can be seen by others parties. It is therefore, imperative to take heed of the nature of materials that are posted and what details they convey.

Third-Party Content and User Content

All content seen on our site is under the responsibility of the party who owns or creates the respective material. Archibald does not control, promote or endorse any User Content or Third-Party content, and we abstain from any comment or claims regarding any content we do not create. The links to third-party sites on our Services do not mean we endorse or have any association with the third parties. We do not authorise any hosts, moderators, forum managers or the like to speak on our behalf and Archibald does not necessarily share the views they represent.

Any damage or loss that results from your use of, reliance on, or any other connection between you and any content that the third party makes available, is not under the responsibility of Archibald by any means. You acknowledge that when using or accessing third-party content on the Internet, it is under your discretion and accountability.

We do not have an obligation to review or assess the content posted as it is held accountable by the executor. We will use it for monitoring purposes as appropriated by us. We reserve the right to review, modify, remove, block, or censor any content on the Services, including User Content, without notice or further obligation to you.

Any consequent actions or outcome from the User Content, or that are related to the User Content, are not held liable to Archibald. Any third-party content posted, transmitted, submitted or displayed on or through the Services has no link or connection to Archibald, irrespective of the party posting the Content.

Warranty Disclaimer

When using the Services, you operate under your sole authority (see Eligibility Section) with no special relationship to Archibald. You agree that we have no control over, and no obligation to take any action regarding:

the Content you access via the Services;

how you may interpret or use the Content;

what effects the content may have on you;

which users access the Services;

what actions you may take as a result of your exposure to the Content.

You release us from all liability related to you acquiring or not acquiring content through the Services. Some content and websites accessed through the Services may be offensive or inappropriate. They do not necessarily represent the views of Archibald, neither does their presence on the Services mean we condone or accept them. We do not control the accuracy, legality, copyright compliance or decency of material on the Services. Any engagement of any sort with organisations and/or individuals found on or through the Services is solely between you and the respective parties involved, with no liability to Archibald. This includes payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings.

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY SORT. ARCHIBALD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY ARCHIBALD OR BY ANY THIRD PARTY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ADDITIONALLY, ARCHIBALD DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARCHIBALD OR ANYONE REPRESENTING ARCHIBALD BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR:

ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM:

(I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT;

(II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR SECURE SERVERS BELONGING TO ARCHIBALD AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

(III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;

(IV) ANY VIRUSES, BUGS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGIN); OR

(B) ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF

(I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR

(II) £350.00.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARCHIBALD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

Certain circumstances may warrant us to terminate your license to use our Services, without providing you with notice or reason. In such event, your obligations under these Terms will still be binding.

Governing Law

The governing law will be that of England and Wales which will manage these Terms and the relationship between you and Archibald as if you signed these Terms in England and Wales. If any provisions of these Terms are inconsistent with any applicable law, the provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the territorial courts of England and Wales for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

Severability

In the case of any of these Terms being void, invalid, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Entire Agreement

These Terms constitute the entire agreement between you and Archibald and supersede all prior or contemporaneous communications and proposals, whether oral, written or electronic with respect to these Services. Any rights not expressly granted herein are reserved.

Miscellaneous

Archibald will always strive to uphold no less than the highest standard of customer service, though there may be events that are beyond our control. Should there be circumstances that we cannot mitigate within our capability, we will not be liable for any failure to perform any of our obligations stated in these Terms including, but not limited to, any communicative, mechanical or electronic failure or degradation.

These Terms are not to be sublicensed, transferred or assigned to any party without first receiving our consent. We can transfer, assign or delegate any of our rights and obligations without consent. These Terms do not create any partnership, joint venture, agency, employment relationship and neither party has any authority to bind the other in any respect for the same.

Should we not enforce any part of these Terms, our right to later enforce or uphold the conditions remains in-tact. Only after written notice is provided through one of our authorised representatives will compliance with these Terms be waived.

The headings, sections and sub-titles in these Terms are for facility only and do not impact their interpretation.