Terms and conditions

This Site, images, Products and Services are copyrighted © since 2021, with all rights reserved to ARC Ratings.

Last updated: 22 January 2024

Contents:

  1. Acceptance of Terms
  2. Use of ARC Ratings Site
  3. Privacy
  4. User Accounts and Profiles
  5. Our Site Content
  6. Your Content
  7. Charges, Cancellation and Refunds
  8. Prices and availability
  9. Promotional offers
  10. Order acceptance
  11. Resale
  12. Termination
  13. Troubleshooting Technical Issues
  14. Telephone communications
  15. Disclaimers, Intellectual Property and Limitations of Liability
  16. About our Terms

 

Who we are

“ARC Ratings” refers to direct or indirect subsidiaries of ARC Ratings Holdings Limited, namely  ARC Ratings (UK) Limited and  ARC Ratings, S.A., that issue ratings under the trade name/brand “ARC Ratings,” the trade name/brand registered and used by ARC Ratings Holding Limited in its rating activity.   ARC Ratings (UK) Limited is  registered by the Financial Conduct Authority (FCA) while ARC Ratings, S.A. is a registered by the European Securities and Markets Authority (ESMA) and are accredited as an External Credit Assessment Institutions (ECAI).  Please also refer to “Who we are” section on www.arcratings.com page for further information.

“ARC Analytics,” is the trade name/brand registered and used by ARC Analytics.  Please also refer to “Who we are” section on www.arcanalytics.com page for further information.  ARC Analytics does not provide credit rating services and is separate from ARC Ratings.

“ARC Risk Group,” is the trade name/brand registered and used by ARC Group.  ARC Analytics and ARC Ratings form part of ARC Group.

ARC Ratings, we/ us/ our means ARC Ratings, and you/ your means the individuals whose PI is processed by ARC Ratings.

 

  1. Acceptance of Terms

The ARC Ratings Website Terms and Conditions (“Terms”) govern all ARC Ratings web pages.  These web pages shall be referred to as site(s), (“Sites”).

These Terms also govern any usage of the Site and all Products and Services (please see 2.  Use of ARC Ratings Sites for definition of “Products and Services”) provided by ARC Ratings .

By accessing, visiting, or otherwise using the Site and Products and Services, you agree to be bound by these Terms.

All rights and usage of Products, Services, and designs not expressly licenced or any other right conferred by ARC Ratings  is exclusively reserved and remain the sole property of ARC Ratings .

Important: All data including the structured finance and other financial and statistical data contained and accessible on the ARC Ratings  platform or provided by ARC Ratings  is from publicly available sources and therefore ARC Ratings cannot validate or accept responsibility for the accuracy or reliability of such information.  All usage of the content, rating tools, credit information, statistics, models, ratings, systems, controls, features, data, databases, tools, Products and Services provided by ARC Ratings  and any reliance on the same are entirely at the user’s own risk.  Any outcome from the usage on or from the ARC Ratings  platform is not a guarantee or indication of accuracy or a prediction of any other outcome from Products and Services provided by ARC Ratings  or any other third-party, financial institution, professional, professional services provider, authority, agency, or body.  Accordingly, to the extent permitted by law,  you release ARC Ratings  from any liability whatsoever for such reliance or usage of the platform, Site, Products and Services.  By using the ARC Ratings  platform, you agree to be bound by these Terms.

  1. Use of ARC Ratings Site

The user of the ARC Ratings’ website notes and accepts that the following notice applies to its use of the website including in respect of use of any information posted on the website:

  • all rights, including intellectual property, in the ARC Ratings’ website and its contents including in the information contained in ARC Ratings’ website are owned by ARC Ratings or its licensors and are protected by national and international law. Without ARC Ratings’ prior written consent (which shall be given at ARC Ratings’ sole discretion and may be withdrawn at any time) users may not: (i) use any part of the content on this website for commercial purposes without obtaining an authorisation to do so from ARC Ratings (except that users may print, copy and use solely for internal business purposes the ratings and announcements on this website); or (ii) copy, distribute, broadcast, transmit, reproduce, publish, licence, transfer, sell, mirror, frame, link, “deep link”, “scrape”, data mine or post (including to forums, electronic bulletin boards or other websites) any information or materials obtained from or through this website;
  • ARC Ratings will use reasonable endeavours to ensure that the information contained on its website is correct and updated; however, the contents are made available to the user via telecommunications networks, for whose transmission errors or technical deficiencies ARC Ratings cannot be liable;
  • ARC Ratings has not undertaken, and will not undertake, any duty to: (i) advise the user of changes to the ARC Ratings’ website or its content (including to these disclaimers); or (ii) ensure the security and confidentiality of information transmitted from the website over the Internet;
  • ARC Ratings does not guarantee that its website, or any content on it, will always be available or be uninterrupted or that its website will be secure or free from bugs or viruses;
  • ARC Ratings may suspend, withdraw, or restrict the availability of all or any part of the ARC Ratings’ website for business and operational reasons;
  • the information and content on the ARC Ratings’ website is not intended to amount to advice of any kind and users must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information and content on the ARC Ratings’ website;
  • ARC Ratings does not exclude or limit in any way its liability where it would be unlawful to do so; this includes liability for death or personal injury caused by ARC Ratings’ negligence or the negligence of its employees, agents, or subcontractors and for fraud or fraudulent misrepresentation;
  • to the extent permitted by any applicable law, ARC Ratings excludes all implied conditions, warranties, representations, or other terms that may apply to the ARC Ratings’ website or any content on it;
  • ARC Ratings will not be liable to any user 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: (i) use of, or inability to use, the ARC Ratings’ website; (ii) use of or reliance on any content displayed on the ARC Ratings’ website; or (iii) events beyond ARC Ratings’ control including failure of electronic equipment, failure of communications lines, interconnection issues, viruses or unauthorised access;
  • ARC Ratings will not be liable for: (i) any loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of data, third party claims, loss of business opportunity, goodwill, or reputation; or (ii) any indirect or consequential loss or damage;
  • any materials, content, tools, or information made available on this website (including any ratings) are not a substitute for the exercise of the user’s independent judgment and expertise;
  • ARC Ratings may amend this notice from time to time and recommends that users review this notice each time they use this website;
  • ARC Ratings may also update and change the content of this website from time to time including to reflect changes to its products, users’ needs and business priorities as well as to change or update ratings assigned by ARC Ratings;
  • where this website contains links to other sites and resources provided by third parties, these links are provided for your information only; such links should not be interpreted as approval by us of those linked websites or information you may obtain from them; ARC Ratings has no control over the contents of those sites or resources;
  • ARC Ratings reserves the right to monitor activity on this website to the extent permitted by applicable law and to share any information obtained by such monitoring with relevant regulatory authorities and law enforcement agencies; ARC Ratings shall also comply with all court orders involving requests for such information;
  • ARC Ratings makes no representation or warranty that any content or information (including the ratings) on this website are appropriate or available for use in any particular locations, and access to them from countries where any of the contents of this website are illegal is prohibited; and
  • this notice is governed by English law and shall be subject to the exclusive jurisdiction of the English courts.

Regarding the ratings that are posted on ARC Ratings’ website the user notes that:

  • its use of any rating is entirely at its own risk;
  • credit ratings assigned by ARC Ratings represent statements of opinion (and not of fact) on the capacity and willingness of an entity or the capacity of a transaction to make all required interest and principal payments on a given obligation in a timely manner in accordance with its terms;
  • ARC Ratings also assigns non-credit ratings, which are clearly identified as such by their definition and the use of specific modifiers and / or rating scales;
  • ARC Ratings assigns solicited and unsolicited ratings, clearly distinguishing which are solicited and which are unsolicited;
  • ARC Ratings provides to the entity that is being rated or whose financial commitments are being rated (the “issuer”) the documents that substantiate the rating to be attributed; this entity is thus given the opportunity to clarify or correct factual details;
  • ARC Ratings also grants the issuer the possibility of appealing a rating accorded by ARC Ratings as long as this appeal is supported on additional information that has not been taken into account in the original rating;
  • a rating does not: (i) take into account individual users’ personal objectives, financial situations or needs; or (ii) constitute financial or investment advice or a recommendation or offer or solicitation to buy or sell any investments that may be mentioned, and is only one of the factors that investors may wish to consider in reaching a decision about the rated entity;
  • ratings are not intended for use by any person as a benchmark as that term is defined for regulatory purposes and must not be used in any way that could result in them being considered a benchmark;
  • throughout the entire period during which ratings are valid, ARC Ratings monitors the issuer’s performance via public sources and information provided by the issuer/sponsor and, if a material development occurs, ARC Ratings may bring forward the date of review unless stated to be a point in time rating; the updated list of public ratings are available on the website www.arcratings.com;
  • ratings are assigned based on information, which may include confidential information, collected from a wide variety of sources which ARC Ratings believes to be reliable including from the entity being rated or whose financial commitments are subject to rating. ARC Ratings has adopted and implements measures aiming to ensure that, to the extent available in the circumstances, it has obtained reasonable verification of the information it uses in assigning a rating and that such information is from reliable sources. Notwithstanding the foregoing, if ARC Ratings is not satisfied with the quality of the information it receives, it will decline to assign the rating.  The according of a rating should not be viewed as a guarantee of the accuracy, completeness, or timeliness of the information relied on in connection with the rating or the results obtained from the use of such information.
  • ratings are inherently forward-looking and embody assumptions and predictions about future events that by their nature cannot be verified as facts and additionally may be affected by future events or conditions that were not anticipated at the time a rating was issued or confirmed;
  • ARC Ratings maintains editorial control of its publications relating to ratings assigned, and reserves the right at any time to change or discontinue these ratings or their outlooks;
  • in the rating process, ARC Ratings adopts procedures and methodologies aimed at ensuring transparency, credibility, and independence, and also that rating classifications are not influenced by conflict of interests; and
  • the assignment, publication, or dissemination of a rating by ARC Ratings shall not constitute consent by ARC Ratings to be named as an expert in connection with any registration statement or prospectus filed under the United States securities laws, the Financial Services and Markets Act of 2000 of Great Britain, or the securities laws of any particular jurisdiction.

 

To the extent that it is able and subject to these Terms, ARC Ratings  is committed to providing a safe and positive experience to all users on the Site.  To achieve this, ARC Ratings  requires all users to adhere to the following rules without exception when using and accessing information on the ARC Ratings  Site.

ARC Ratings  may provide you with access to a variety of custom and unique resources, information, products, monthly subscriptions and/or services (in all forms including credit rating information, structured products information, tools, industry and publicly available data, software, support services, data services and facilitation services and any other Products and Services that may from time to time be added or made available by ARC Ratings – (collectively “Products and Services”). The Products and Services including any updates, enhancements, changes, new features, and/or the addition of any new properties or web properties, are subject to the Terms and are exclusively owned and controlled by ARC Ratings .

When using the Sites and the Products and Services, you must comply with all applicable laws, including the laws in your jurisdiction, those applicable to the Site, federal, state, jurisdictional, including the laws regarding the transmission and receipt of technical and personal data.

You also agree not to:

  • Systematically scrape, crawl, harvest, retrieve or otherwise gather by electronic means any data or other content to copy, create, acquire or compile – directly or indirectly, in single or multiple downloads – information from any Site.
  • Display, publicise, disseminate, send, receive, represent, or store obscene or inappropriate content.
  • Threaten, harass, stalk, defame, or defraud any person or entity.
  • Violate copyright, trademark, or other applicable intellectual property laws.
  • Advertise, promote, endorse, or market, directly or indirectly, any third-party commercial products, services, solutions, or other technologies.
  • Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) illegal, offensive or obscene or (c) of a minor under in any circumstances.
  • Distribute unwanted, unsolicited, or harassing email or other messages, promotions, advertising, or solicitations (“spam”).
  • Send deceptive or false source-identifying information, including “spoofing”, “phishing,” or any other unreliable information.
  • Access or use any application, system, service, tool, data, financial, account, network, or content without authorisation or for purposes unintended by ARC Ratings.
  • Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Site or users on the Site.
  • Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished these are and notwithstanding anything to the contrary in these Terms, including but not limited to Denial of Service (Dos), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).
  • Engage in or promote any illegal or criminal activity such as, but not limited to, child pornography, gambling, or piracy.
  • Authorise, permit, enable, induce, or encourage any third party to do any of the above.

If you violate these Terms, your access to the Site and our Products and Services may be terminated immediately and without notice and where applicable, relevant legal and regulatory authorities will be informed and where appropriate legal action taken.

  1. Privacy

ARC Ratings ‘s Privacy Policy, describes how ARC Ratings  will protect your privacy and handle your personal information (where applicable) when using the ARC Ratings  Site, Products and Services. By using the Site, Products and Services you agree that ARC Ratings  can use such information in accordance with ARC Ratings’ policies.  Please see our Privacy Policy for further information.

  1. User Accounts and Profiles

To access certain services or features on the Site, you may be required to create an account, profile, and access the online platform.

Where your name provides us with special category personal data, by agreeing to these terms, you consent to us processing such special category personal data.  For more information about how we process, share, and store your personal data, please visit our privacy policy here: [add link].

 

ARC Ratings  may also offer access to certain Products and Services, content providers, publicly available and collated information, upgrades, and features of the Site to you which may incur a fee.  In such situations, or when using other ARC Ratings  Products and Services as part of the Site, additional ARC Ratings  terms or requirements may be applicable, and those additional terms become part of your agreement with ARC Ratings . In the event of any conflict between such additional terms and these Terms, the additional terms will control.

If any Products and Services on the Site requires you to open an account or create a user profile, the information you provide must be truthful, and accurate.  User accounts, profiles, usernames, and passwords are associated with one individual only and you agree that you will never knowingly allow access by another person or entity at any time and to never access the account, profile, username, or password of another person or entity at any time.  You must notify ARC Ratings  immediately of any unauthorised use of your account or of any other breach of security that you are or should reasonably be aware of.

ARC Ratings  may, in our sole discretion, (i) reject or remove anything you post or publish, (ii) restrict, suspend, or terminate your access to any or all of the Site and Products and Services (in accordance with these Terms), or (iii) cease to provide and maintain the Site and Products and Services, at any time, for any or no reason, with or without prior notice, and without any liability on ARC Ratings  or our third-party suppliers or, where applicable, their suppliers (in accordance with these Terms). Upon doing so, ARC Ratings  may retain or delete any information or content that you have provided or saved in accordance with applicable laws and our Privacy Policy.

 

  1. Our Site Content

5.1. General content

The Sites contain content owned, operated, licenced, and/or controlled by ARC Ratings  and is protected by copyright, trademark, trade secret, or other proprietary rights (“Site Content”).  ARC Ratings  or its licensors retain all rights in such Site Content as it pertains to the Site.  ARC Ratings  grants you a non-exclusive, limited, revocable, non-sublicensable right to view the Site Content solely for your internal research/ non-commercial use of the Site.  Additionally, certain Site Content may include, but is not limited to, icons, interactive design software, photographs, white papers, product documentation and information, technology overviews, video and guidance content, social media content and implementation guides.  These materials may be used under limited circumstances in strict accordance with our Policies and in all circumstances are for reference purposes only.  The Site Content is not intended to be a recommendation and does not provide any advice (financial, legal, professional, tax or advisory) or recommendations on Products and Services or the usage of such Products and Services.

The trademarks, logos, and service marks (“Marks”) displayed on the ARC Ratings  Site and on the Products and Services are the property of ARC Ratings  or other third parties connected to ARC Ratings.  ARC Ratings  is a registered trademark of ARC Ratings  and/or its affiliates.  You are not permitted to use any Marks without the prior written consent of ARC Ratings  or the third-party that owns the Mark.  Any such consent provided may be revoked at any time without reason by ARC Ratings , notwithstanding any agreement to the contrary.

5.2. Ratings

Ratings and all other information on the Site may be used entirely at a user’s own risk.  Credit ratings assigned by ARC Ratings  represents statements of opinion only, on the capacity and willingness of an entity or the capacity of a transaction to make all required interest and principal payments on a given obligation in a timely manner.

ARC Ratings  also assigns non-credit ratings which are identified by their definition and the use of specific modifiers and/or rating scales.  Where ARC Ratings  assigns solicited and unsolicited ratings, these are clearly distinguished as being solicited or unsolicited.

ARC Ratings  provides to the entity that is being rated or whose financial commitments are being rated (the “issuer”) the documents that substantiate the rating to be attributed; this entity is thus given the opportunity to clarify or correct factual details.  ARC Ratings  also grants the issuer the possibility of appealing a rating accorded by ARC Ratings  provided this appeal is supported on additional reliable information that has not been considered in the original rating.

Any rating does not: (i) consider individual users’ personal objectives, financial situations or needs; or (ii) constitute financial or investment advice or a recommendation or offer or solicitation to buy or sell any investments that may be mentioned and is only one of the factors that investors may or may need to consider in reaching a decision about the rated entity. The ratings are not intended for use by any person as a benchmark as that term is defined for regulatory purposes and must not be used in any way that could result in them being considered a benchmark.

Throughout the entire period during which ratings are valid, ARC Ratings  monitors (in accordance with our Privacy policy) the issuer’s performance via public sources and information provided by the issuer/sponsor and, if a material development occurs, ARC Ratings  may bring forward the date of review unless stated to be a point in time rating.

Ratings are assigned based on information collected from a wide variety of sources which ARC Ratings  believes to be reliable including from the entity being rated or whose financial commitments are subject to rating.  ARC Ratings  has measures that aim to ensure transparency, credibility, and independence and also that the rating classifications are not influenced by conflicts of interest.  Furthermore, ARC Ratings  has measures aimed to ensure that, to the extent available in the circumstances, it has obtained reasonable verification of the information it uses in assigning a rating and that such information is from reliable sources.  Notwithstanding the foregoing, if ARC Ratings  is not satisfied with the quality of the information, it receives it will decline to assign the rating and reserves the right to do so.  The according of a rating should not be viewed as a guarantee of the accuracy, completeness, or timeliness of the information relied on in connection with the rating or the results obtained from the use of such information.

Ratings are inherently forward-looking and embody assumptions and predictions about future events that by their nature cannot be verified as facts and additionally may be affected by future events or conditions that were not anticipated, are outside the control of the economy, company, and ARC Ratings  at the time a rating was issued or confirmed.  ARC Ratings  maintains editorial control of its publications relating to ratings assigned, and reserves the right at any time to modify, remove or discontinue these ratings or their outlooks;

The assignment, publication, or dissemination of a rating by ARC Ratings  shall not constitute consent by ARC Ratings  to be named as an expert, advisor or otherwise in connection with any registration statement or prospectus filed under the United States securities laws, the Financial Services and Markets Act of 2000 of Great Britain, or the securities laws of any applicable jurisdiction.

5.3. Software, Products and Services Content

Software, Products and Services, in both source, tangible and binary forms, sample code, APIs,

SDKs, software (and where applicable hardware) associated documentation, data, Products and Services designs, logos, manuals and technical specifications, survey reports, and all other related materials (collectively, “Software and Services Content”) may be available for download or on request through other means on certain parts of the Site.  ARC Ratings  or its licensors own and retain all rights in such Software, Products and Services Content, including all applicable intellectual property and copy rights.  Nothing in these Terms grants any right or licence to use, pass-off as, distribute, copy, imitate, amend, edit, rework, or resell the Software, Products, and Services.

  1. Your Content

ARC Ratings  does not claim any ownership rights in any text, files, images, photos, data (financial, statistical or any other form), video, sounds, software, works of authorship, or other materials that you upload and subsequently download or otherwise provide to our Site or to the Products and Services themselves (collectively, “User Content”) unless it originally came from ARC Ratings  or our Site. However, you grant to ARC Ratings  a worldwide, royalty-free, sublicensable, perpetual, irrevocable licence to use, modify and securely store User Content for the limited purpose of providing the Site and all related Products and Services as provided and updated from time to time.

You cannot post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials.  ARC Ratings  may terminate an account and/or deny access to any user who has or is alleged to have infringed the copyright, trademark, patent, or proprietary rights of another individual or company.

Please do not submit any confidential to or through Products and Services and in any event, if you do and/or where it relates to you, you do so at your own risk and agree that ARC Ratings  will have no direct or indirect liability as a result of any such disclosure or consequences thereof including enforcement, financial and legal implications.

If you provide ARC Ratings  with any feedback or ideas, you authorise ARC Ratings  to use your feedback for any purpose, without any restriction, licence requirement, objection, or limitation (including on the use of and length of time of such usage).

If you believe that your copyright or other rights have been infringed, please provide written notice with the following information to compliance@arcratings.com.  ARC Ratings  will not be able to assist with any other copyright or other right infringement that is not directly on our site, networks, or other repositories (including any tangible usage of such copyrighted information):

  • A description of the copyrighted work or other work that you claim has been infringed
  • A description of where the material that you claim is infringing is located on our sites, networks, or other repositories
  • Your address, telephone number, and email address
  • A written statement by you that you have a good faith belief (and reasonable) that the disputed use is not authorised by the copyright owner, its agent, or the law
  • Evidence of your ownership of such copyright.

If the disputed materials were posted by a third party identifiable through reasonable efforts, ARC Ratings  will try to provide notice to that third party. If the third party responds, ARC Ratings  will provide you with the information so that you may take any other steps you may consider appropriate, ARC Ratings  will not be involved other than with the facilitation of this initial response from a third party and in any event, will not be held responsible, accountable or liable for any response or failure to respond or any consequences resulting from the copyright dispute, allegation or usage.

  1. Charges, Cancellation and Refunds (if applicable)

7.1. Charges

You agree that, if applicable to any Products or Services, ARC Ratings  may charge you (directly or through our third-party service providers) all amounts due and owing for any Products and Services, including taxes and service fees, third-party provider and consultant fees, set up fees, subscription fees, or any other fee or charge associated with the Products and Services you agree to buy or obtain from ARC Ratings .

7.2. Changes to charges

ARC Ratings  may change prices at any time, including changing from a free or paid Product or Service and charging for Products and Services that were previously offered free of charge or offering Products and Services that were previously for a charge for free.  ARC Ratings  will provide you with thirty (30) days prior written notice of any such changes.

7.3. Cancellation

You may cancel your Products and Services by providing written notice to ARC Ratings  in accordance with the applicable agreement relating to the Products and Services.

7.4. Refunds

If applicable, refunds will be provided in accordance with the applicable agreement relating to the Products and Services you purchase.

 

  1. Prices and availability

Some of the Products and Services featured on the Site are displayed for promotional purposes only and may not be available for access or purchase through the Site.  All Products and Services offered for access or purchase on the Site are subject to availability.  ARC Ratings  has no obligation to ensure such availability and will not be held directly or indirectly accountable, liable, or required to compensate in any form, where there is no such availability or accessibility to the Products and Services.  The prices stated for such Products and Services are subject to change and ARC Ratings  will provide you with thirty (30) days prior written notice of any such change.

Any ARC Ratings  publication may include technical inaccuracies or typographical errors.  ARC Ratings  shall not be held responsible for any pricing, typographical, or other errors in such publications.  Changes may be periodically made to these publications.  These changes will be incorporated in new editions of these publications.  ARC Ratings  may make improvements and/or changes in the Products and Services and/or the programs described in these publications at any time without notice.

  1. Promotional offers

All promotional offers made on the Site are limited to purchases made from ARC Ratings  and its participating authorised dealers and are subject to the conditions of the offer.  Purchases must be made during the specified promotional period to qualify; separate terms may be provided for any promotional offers.

  1. Order acceptance

We reserve the right, at our sole discretion, to cancel or refuse any request to access or order for any reason at any stage of the online process, including after an account has been creating or an order has been submitted and whether or not the account access or order has been granted or confirmed.  Unless otherwise agreed to by ARC Ratings , any payment must be received by ARC Ratings  prior to acceptance of an order.  Some situations that may result in cancellation include limitations on quantities available for access, purchase, inaccuracies or errors in Products and Services or pricing information, or problems identified by our credit and fraud avoidance procedures and teams.  We may also require additional verifications or information before accepting any order.  We will attempt to contact you if all or any portion of your order is cancelled or modified, or if additional information is required to accept your order.

  1. Resale

Access and/or purchases made on the Site are intended for end users only.  Products and Services provided and/or sold through the Site are not authorised for resale or export.  The resale of or offer to sell new ARC Ratings  Products and Services without the authority of ARC Ratings  is an infringement of ARC Ratings ’s, and our suppliers, intellectual property rights.

  1. Termination
    • If you fail to comply with any of the terms contained in these Terms and Conditions, ARC Ratings may terminate your account and/or agreement.
    • If in ARC Ratings ‘s reasonable opinion, you do anything to jeopardise the operation of the Products and Services.
    • If you permit the use of the Products and Services for illegal purposes.
  2. Troubleshooting Technical Issues

For technical issues and troubleshooting with your Products and Services, please visit contact compliance@arcratings.com.

  1. Telephone communications

Telephone communications with us, including calls with any of our agents or independent contractors, may be recorded and monitored for training and business improvement purposes, and you will be notified at the beginning of the call.

If you do not consent to the phone call being recorded, you must discontinue use of all of the Sites, services and / or Products.

By providing us with a phone number (including mobile) as your contact number, you expressly authorise us to contact you regarding your account for non-telemarketing communications, via text message, communication service or telephone, including (where applicable) the use of pre-recorded or auto-dialled calls, using that number.

  1. Disclaimers, Intellectual Property and Limitations of Liability

Except as expressly permitted and agreed by ARC Ratings , nothing in these Terms or the Products and Services supplied to any customer, client or third-party shall, (by any means, including by sale, transfer, completion, implication, estoppel, or otherwise), confer, provide, transfer, gift, relinquish, give rise to or otherwise any licence or right to any trade secret, patent, trademark, copyright (designs), design (including unique client and customer Products and Services designs) or other intellectual property right owned, created, controlled or produced by ARC Ratings  or any third-party providing services to ARC Ratings . This clause will last indefinitely on all Products and Services and in any event, for as long as applicable law permits.

15.1. Intellectual Property

All Products and Services created by, designed by, controlled by (indirectly or directly) and sold by ARC Ratings  are the exclusive property of ARC Ratings . Nothing confers, by sale, transfer, completion, implication, estoppel or otherwise, any licence or right under or to any trade secret, patent, trademark, copyright, design, or other intellectual property right, any right to the usage, resale, distribution, ownership, or any other right of such Services (including products and custom products), creations and designs.

For the avoidance of doubt, the above applies to all Products and Services produced or provided by ARC Ratings  which may include both digital and tangible Services and products such as: associated designs, custom designs, one-off designs or images, reprints, artwork (in all forms), digital images, digital drawings, drawings, sketches, digital sketches and plans, digital plans, logos, mock-ups, physical images, architectural drawings, CAD designs and other design software drawings. All rights and usage not expressly licenced or conferred by ARC Ratings  are exclusively reserved and remain the sole and exclusive property of ARC Ratings .

15.2, Limitations of Liability

Although ARC Ratings  has attempted to provide accurate information on the Site, ARC Ratings  assumes no responsibility for the accuracy or reliability of any information or data on the Site or any linked or associated third-party site.

ARC Ratings  does not endorse or assume responsibility for user conduct or what information (in all forms) users submit to our Site.  Nothing in these Terms require ARC Ratings  or any third-party to monitor the Site or to modify or remove any materials or information (in all forms).

The  ARC Ratings Site may contain links to third party sites.  ARC Ratings  only provides these links merely as a convenience and the inclusion of such links does not imply any endorsement, validation or recommendation of their content or services.  Access to any other site linked to this Site is accessed, used, or relied on at your own risk and  ARC Ratings is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites and will have no liability for any reliance and consequential or inconsequential loss from such reliance.

You are solely responsible for maintaining the confidentiality of your account, registration, and password information.  ARC Ratings  will not be liable for any harm caused directly or indirectly by, or related to, the theft or misappropriation of your username or password, disclosure of your username or password, or your authorisation of anyone else to use your username or password.  ARC Ratings  may change the programs, Products and Services mentioned at any time and ARC Ratings  will provide you with 30 days prior written of such changes.

notice of any changes.  Mention of non-ARC Ratings  products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.

The Site and all information on the Site are subject to applicable local laws and may also be subject to the laws of the country where you reside or access the ARC Ratings  Site and Services.  ARC Ratings  reserves the right to investigate and take appropriate action against anyone who, in ARC Ratings ‘s sole discretion, is suspected of violating any applicable law, including, without limitation, reporting you to any regulatory and law enforcement authorities.

THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.  TO THE EXTENT PERMITTED BY LAW, ARC RATINGS  DISCLAIMS ALL CONDITIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, BEING FREE FROM ANY MALWARE, INCLUDING VIRUSES, TROJAN HORSES, WORMS, SPYWARE, OR ADWARE, OR THAT ARISE FROM A COURSE OF DEALING, USAGE, RELIANCE OR TRADE PRACTICE.

THE TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE TOTAL AMOUNTS PAID TO  ARC RATINGS  BY YOU UNDER ANY AGREEMENT IN WHICH THE CLAIM OR CLAIMS ARE MADE, OR £5000 (INCLUDING ALL FEES) WHICHEVER IS THE LOWER AMOUNT.

WHERE YOU DEAL AS A CONSUMER WITH  ARC RATINGS  , NOTHING IN THE AGREEMENT OR TERMS AND CONDITIONS WILL AFFECT YOUR STATUTORY RIGHTS.

ARC RATINGS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY RELATED SERVICES OR CONTENT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ARC RATINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES. FURTHERMORE, ARC RATINGS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INDICENDTAL DAMAGE OR DAMAGES CAUSED BY THE USE OF SERVICES (OR PRODUCTS), SUCH USAGE IS THE SOLE RESPONSIBILITY OF THE CUSTOMER OR THIRD-PARTY AND ARC RATINGS EXPLICITLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY TO THE EXTENT PERMITTED BY LAW.

YOU AGREE TO INDEMNIFY ARC RATINGS FOR ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY ARC RATINGS, INCLUDING WITHOUT LIMITATION LEGAL FEES, ARISING FROM ANY BREACH BY YOU OF ANY WARRANTY OR OTHER TERM HEREIN OR YOUR MISUSE OF ANY MATERIAL OR INFORMATION OBTAINED THROUGH THE SITE.  YOU FURTHER UNDERTAKE TO INDEMNIFY ARC RATINGS FOR ALL LOSS OR DAMAGE INCURRED BY ARC RATINGS IN RELATION TO ANY THIRD-PARTY CLAIM AGAINST ARC RATINGS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING IN RELATION TO YOUR PROVISION OF MATERIALS TO THE SITE.

ARC RATINGS DOES NOT GUARANTEE, WARRANT AND / OR REPRESENT ANY SPECIFIC RESULTS OR USAGE FROM USE OF THE SITE OR ANY RELATED PRODUCTS AND SERVICES OR CONTENT.

  1. About Our Terms

ARC Ratings  reserves the right to change these Terms from time to time at our sole discretion.  It is your responsibility to check this page periodically for any updates.

ARC Ratings may assign these Terms, without your consent, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

  • Governance: These Terms are governed by the laws of England and Wales, excluding any conflict of laws rules or principles.
  • Agreement: You have read, understood, and agreed to these Terms. By accepting these terms, you agree to be bound by the Terms and Conditions in full.