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This is a legal agreement between you, the purchaser, and Black Arrow LTD (Black Arrow Software, We, Our, Us) that you agree to be bound by when you purchase from Us or visit our Website.
Table of Contents
- Terms and Conditions
- Product License Agreement
- Website Acceptable Use Policy
- Cookies Policy
Terms and Conditions
- Agreement structure
1.1 These terms and conditions of sale shall apply to all sales and deliveries of products or services (the “Products” or the “Services”) from Black Arrow LTD (“Black Arrow Software”) to the purchaser (the “Purchaser”). The terms and conditions of sale together with the order and the order confirmation (if any) are jointly referred to as the “Sales Agreement”. Any conditions contrary to the content of these conditions, e.g. purchase terms or other terms attached to or referred to in the Purchaser’s order, shall only be applicable if such conditions have been approved in writing by Our authorized signatory.
- Order and Order Confirmation
2.1 Upon Our receipt of the Purchaser’s order, the order will be confirmed in accordance with Our procedures. The Purchaser acknowledges and accepts that such order confirmation may be sent via e-mail or other electronic interface. The Purchaser may always request a written order confirmation by contacting Our customer service.
3.1 The Products are sold at the prices prevailing on the day of order according to the Our price list at that time. Applicable prices do not include taxes, customs or other applicable costs. The Purchaser is solely liable to pay all taxes, customs or other applicable costs related to purchase of the Products.
3.2 Products are shipped by and from Our contractor which is located in People's Republic of China. When ordering goods from Us for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to Us and We know that you care about how information about your order is used and shared. We would like Our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
- Fees and Payment Terms
4.1 Payment shall be made in advance upon order by any manner facilitated by Us. Full payment is a condition for Us to accept an order. If payment is not received within the time that is customary for the used manner of payment, We are entitled (i) until further notice to suspend delivery of outstanding orders from the Purchaser until We receive payment or, and/or (ii) to terminate the Sales Agreement. For the avoidance of doubt, We are not bound by the Sales Agreement until payment has been received in full. Costs for freight may be charged separately and We may, in such case, require additional payments to be made as a condition for delivering the Products.
5.1 Returns are only accepted upon Our prior approval. In the event of a return, We are entitled to make deductions due to any deficiencies. We are entitled to request and require the Purchaser to grant Us opportunity to conduct inspection of the Products prior to accepting a return. Any return cost will be charged to the Purchaser, unless the return has been subject to Our prior approval.
5.2 All products must be returned to Us within thirty (30) calendar days from the RMA issue date. If products are not received within the stated thirty (30) calendar-day period, the RMA will become invalid and will be canceled. The customer must obtain a new RMA for any cancelled RMA.
When returning hardware for service, the product must be packaged appropriately for safe shipment and sent prepaid. Use of the original packaging is recommended. It is also recommended that all returned products are insured or sent by a shipping method that provides package tracking. Responsibility for loss/damage does not transfer to Us until the returned product is received by Us or one of Our authorized representatives.
- Obsolete Product Repair
We will continue to repair obsolete products as long as a qualified support technician is available to perform the repair and replacement component parts and test stands are commercially available.
- Limited Warranty
7.1 We warrant the Products against defects in material or workmanship, for a period of one year from the date of purchase; we will, at no charge, repair the Products if they are determined by Us to be defective. After the warranty period, the Purchaser must pay all labor charges.
7.2 We will supply new or rebuilt replacements for parts determined by Us to be defective, at no charge, for a period of one (1) year from the date of purchase.
7.3 During the labor warranty period, to repair the Product, Purchaser will return the defective Product freight prepaid, or deliver it to Us. The Product to be repaired is to be returned in either its original carton or a similar package affording an equal degree of protection. We will return the repaired Product freight prepaid to Purchaser. All freight costs associated with replacement of warranty parts after expiration of the original labor warranty period are the responsibility of the Purchaser. We are not obligated to provide Purchaser with a substitute unit during the warranty period or at any time.
7.4 To repair the device under warranty, the customer has to inform us in writing or via email. We will then e-mail an RMA number, the shipping address and instructions. The product will then have to be returned by the customer to the specified address (to our factory or facility).
7.5 This warranty will apply provided that the Products have been used in accordance with the published instructions and does not cover normal wear and tear. Unless otherwise stated our products are for indoor usage only and using them outdoors voids the warranty. This warranty not apply to any of our products which should have been repaired or altered (except by us), tampered with or the seal case has been broken (if applicable), poured onto glue or any other kind of liquids / substances, subjected to misuse, negligence, or accident.
7.6 In no case shall our liability exceed the purchase price. The mentioned provisions do not extend the original warranty period of any product which either been repaired or replaced by us. The user is solely responsible for determining if the product is usable in his or her application.
7.7 We will not cover, under any circumstances, any customs or customs processing charges. Any such charges will be billed to the customer.
7.8 If a product has been returned for warranty repair and it is found to be in working order, we will charge a revision fee and the shipping fees to return it back to the customer.
- Limitation of Liability
8.1 Our liability under the Agreement is limited to the above mentioned limited warranty. As an exclusive remedy for any covered warranty claim, We may choose to (i) re-deliver new products, (ii) repair the defected Product or (iii) offer cash refund. Such new delivery, repair or refund is conditioned upon the Purchaser’s complaint of a defect or deficiency within the prescribed time specified in these terms and conditions. Should the Purchaser fail to make such complaint within the prescribed time, the Purchaser waives all claims hereunder in relation to the Products. If requested by Us, all Products which deviate from the warranty shall be returned to Us. We are responsible for arranging such returns. In case of any non-approved returns, the Purchaser is responsible for all shipping costs associated with such return.
8.2 Our liability under the Agreement is, irrespective of the type, reason and scope of the defect, deficiency or damage, limited to the value of the individual Product that gave rise to liability. We are under no circumstances liable for damage caused by the Product unless otherwise provided by mandatory product safety- or liability legislation.
8.3 We are not liable for any indirect, consequential or special damages or loss of any kind, such as, but not limited to, loss of production, loss of profits and loss of business. We are not liable for compensation for loss or damage due to the Purchaser’s obligation to pay compensation to a third party.
8.4 When the customer pays in different currency than USD, any liability we might have (refunds, repairs, etc) will be calculated in USD at the agreed exchange ratio at the time of payment. The customer understands that we are accepting payment in different currency only for the convenience of our customers. It is customer's choice to pay in different currency. Under no circumstances we will be liable for any currency fluctuation.
- Delivery Terms
9.1 The Products are delivered to the delivery address specified by the Purchaser, unless otherwise agreed. The delivery date is provided for information purposes only and shall not be binding on Us. The Purchaser is not entitled to refuse acceptance of the Products, withdraw, cancel or revoke the order or make claims for compensation due to any delayed delivery.
9.2 Where delivery is delayed due to any of the circumstances constituting force majeure in accordance with "Force Majeure" below or due to any act or omission by the Purchaser, the delivery period shall be extended by such a period as is reasonable in light of the circumstances. The delivery period shall also be extended where the cause of the delay arises after the expiry of the originally agreed delivery period.
9.3 If the delivery is prevented due to the Purchaser’s negligent acts or omissions, the risk for the Products shall pass to the Purchaser on the date when the Products were ready for delivery. In case of any damage to delivered Products and/or its packaging, the Purchaser is solely responsible for making any reservation or claim for compensation in relation to the relevant appropriate logistics/freight company.
Products are shipped by and from our contractor which is located in People's Republic of China. When ordering goods from Us for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
11.1 We reserve the right to terminate and rescind an approved order, or the entire Sales Agreement, immediately in the event the Purchaser breaches the Sales Agreement and fails to rectify such breach within fifteen (15) calendar days from Our written notification to the Purchaser of the breach. Such notice shall not affect Our right to claim damages or any other economic compensation due to the Purchaser’s breach. Further, We reserve the right to immediately terminate and rescind an approved order, or the entire Sales Agreement, in the event that the Purchaser: (i) no longer conducts any of its business activities, (ii) suspends its payments, (iii) enters into liquidation or initiates reorganization, (iv) initiates negotiations with creditors on composition or (v) for any other reason may reasonably be deemed as insolvent.
11.2 Termination and rescission under this section shall not under any circumstances give rise to any obligation for Us to pay compensation to the Purchaser, and does not restrict Our possibility to claim damages or other economic compensation due to the event which justified Us to terminate the order or the Agreement.
11.3 The Purchaser understands and agrees that we will use his payment in order to purchase the necessary materials or pay workmanship required to fulfill his pre-order which will be non-refundable if cancelled. For this reason, the purchaser hereby gives us the right and agrees with our decision to decline any requests from him or third parties to cancel his pre-order.
11.4 If we agree to cancel an order based on customer's request, for each transfer needed to be made, we will charge 50 USD and all 3rd party fees. In some cases, we might also need to charge a further 30 USD handling fee for each incorrect or incomplete transfer information provided by the customer.
- Intellectual Property
12.1 We disclaim any and all written or verbal, explicit or implied warranties on intellectual property infringements with respect to the use of the Products. All logotypes, trademarks or product names set out on the Products and any design of the Products constitutes Our protected intellectual property. Use, reproduction or representation (in whole or in part) of these logotypes, trademarks, product names or the Products themselves regardless of in what form it occurs, is prohibited unless such use is approved in writing in advance by Us. The Purchaser undertakes not to remove or alter Our labeling of the Products.
- Force Majeure
13.1 We are exempted from fulfilling its obligations under this Sales Agreement and is entitled to cancel the Purchaser’s confirmed orders without any liability, in the event of force majeure such as strikes, floods and fires, wars, riots, interruptions in transport, shortage of material or energy sources affecting Our or Our sub-suppliers, accidents or other occurrences which affects sub-suppliers’ production, bankruptcy or compulsory liquidation of a sub-supplier, accidents of any kind, governmental decisions which affects manufacturing or use of the Products and, in general, such events that were unforeseen at the time of the order which prevents or hinder manufacturing, transportation or delivery of the Products to the Purchaser.
14.1 Personal data provided to Us within the framework of an order for Products will be recorded and processed by Us and may also be transferred to the third party providers (such as hosting providers or payment processing providers) for the execution of the order for Products. The Purchaser hereby consents to such processing of personal data. We are the personal data controller for the personal data that We process. We shall take appropriate technical and organizational measures to protect the Purchasers personal data. You at any time contact Us to receive more information about Our processing of your personal data and to correct any inaccurate personal information.
15.1 Amendments, Assignments etc.
15.1.1 Any written or oral undertakings and commitments made prior to the Sales Agreement are replaced by the content in these general terms and conditions of sale. The Purchaser may not assign or pledge its rights and/or obligations under this Agreement, in whole or in part, without Our prior written consent.
15.1.2 We may amend this Sales Agreement in whole or in part. The amended Sales Agreement will apply to all orders submitted subsequent to publishing.
15.2 Applicable law and dispute resolution
16.2 1 This Agreement shall be interpreted and applied in accordance with the law of Hong Kong S.A.R. of PRC.
16.3.1 The Purchaser undertakes not to reveal information which the Purchaser receives from Us and which are Our trade secrets or otherwise of such nature that it may be considered as confidential information to any third party. This undertaking shall apply during the term of the agreement and thereafter. The Purchaser further undertakes to take necessary measures to prevent confidential information from being disclosed to third parties by the Purchaser’s employees or contractors.
Each provision of this agreement is severable. If any provision is declared void, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to render it valid, legal, and enforceable while effectuating insofar as possible the basic purposes of such provision. The remaining provisions shall remain in full force and effect.
This agreement is binding on successors and assigns.
You agree and we agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any dispute and all disputes will be resolved through binding arbitration. Because this waiver may not be effective in some jurisdictions, this waiver may not apply to you. You acknowledge that you have read this agreement, that you understand it, that you agree to be bound by its terms, and that this is the complete and exclusive statement of the agreement between you and us regarding the Hardware and Software.
Product License and Usage Agreement
This agreement covers all hardware and software that is distributed with our products, for which there is no separate license agreement.
By opening or breaking the seal of the package, using our products, installing or downloading the software, or using our products and/or the software that has been pre loaded or is embedded in our products, you agree to be bound by the terms of this agreement.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BLACK ARROW OR ANY OF ITS LICENSORS BE RESPONSIBLE FOR ANY DATA TRANSFERRED TO AND FROM OUR PRODUCTS, FOR ITS USAGE, FOR ANY LOSS OF DATA OR INCOME OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES HOWSOEVER CAUSED.
You must understand that you, and not us, is responsible for all data transferred to and from our products and for their usage. We are not responsible for anything you do with our products. You must not use our products in any way that will, or is likely to breach any law. You must not use our products for any fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
You must not use our products to obtain any information without the owner’s knowledge or approval. You must not send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". You and your applications of our products must not cause annoyance, inconvenience or needless anxiety. You will safeguard the use and distribution of our products and make any effort to prevent illegal use from occurring.
This license is effective until terminated. It will terminate upon the conditions set forth above or if you fail to comply with any of its terms. Upon termination, you agree that the Hardware, Software and accompanying materials, and all copies thereof, will be destroyed. This agreement is governed by the laws of Hong Kong S.A.R of P.R.C
Website Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access www.blackarrowsoftware.com (our website). This acceptable use policy applies to all users of, and visitors to, our website.
Your use of our website means that you accept, and agree to abide by, all the policies in this document.
You may use our website only for lawful purposes. You may not use our website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm anybody in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of the terms in this document
- Not to access without authority, interfere with, damage or disrupt:
- any part of our website;
- any equipment or network on which our website is stored;
- any software used in the provision of our website; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our website, including, without limitation:
- Online chat support
- Forum/Message Boards
- Social Network Integration
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.
However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. For the avoidance of doubt, we do not currently monitor the content of any interactive services.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our website (“contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in Hong Kong SAR and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our website.
At Black Arrow Software Ltd we are committed to protect and preserve the privacy of our visitors when visiting our site or communicating electronically with us.
We do occasionally update this Policy so please do return and review this Policy from time to time.
Information We Collect
In running and operating this website we may collect and process certain data and information relating to you and your use of this site. This data and information is detailed below:
- Details of visits to our website and the pages and resources that are accessed, including, but not limited to, traffic data, location data and other communication data that may assist us in understanding how visitors use this website.
- Information that visitors provide to us as a result of filling in forms on our website, such as when a visitor registers or makes a purchase.
- Information provided to us when our visitors communicate with us electronically for any reason.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
The information we collect is used for our own use in developing our website and also occasionally by advertisers on this site. In addition, we may use the information for the following purposes:
- To improve customer service and helps us to more effectively respond to your customer service requests and support needs
- To provide you with information relating to our website, products or our services that you request from us.
- To provide you with information on other products that we feel may be of interest to you.
- To meet our contractual obligations to you.
- To process transactions your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested
- To notify you about any changes to our website, including improvements, and service or product changes that may affect our website.
If you are an existing customer, we may contact you with information about goods and services similar to those that you have expressed an interest in previously via our website.
Finally, we may use your data, or allow carefully selected third parties to use your data, so that you can be provided with information about unrelated goods and services which we consider are likely to be of interest to you. We or they may contact you about these goods and services by any of the methods that you consented to at the time your information was collected.
If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and, only by those means you provided consent for.
If you do not want us to use your data for our or third parties use then you will always have the option to object to such use.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order.
Data that is provided to us is stored on secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
What are cookies?
A cookie is a small text file that is sent to your web browser and stored in the memory of your device when you visit a website. Cookies are useful because they enable collection of user data and analysis of how the website is being used by visitors, to optimize and create the best possible customer experience.
Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer. Some cookies are temporary to your browsing session and deleted every time you close your browser. Other cookies remain on your device until they expire or you delete them from your device’s cache. Cookies contain information that is transferred to your computer's hard drive and then stored there and transferred to us where appropriate to help us to improve our website and the service that we provide to you.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
What information do they not hold?
The cookies we use do not hold any data that can identify you personally, such as; names, phone numbers, email addresses, mailing addresses, bank account numbers or credit card information.
What cookies do we use?
- Essential cookies. This site uses essential (‘strictly necessary’) cookies as they are essential to the effective operation of our website. Examples of use include:
- Saving your shopping cart content throughout your browsing process
- Ensuring your data and order choices have been captured correctly when you reach the payment stage of your order.
- Non-essential cookies - Performance
- Accepting or rejecting cookies?
All computers have the ability to decline cookies. You can easily decline or remove cookies from your computer using the settings within the Internet Options section in your computer control panel.
You may be able to configure your internet browser to warn you each time a new cookie is about to be stored, so that you may make a decision whether to accept or reject it. If cookies are already on your system, you can delete them.
- You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.