Terms and Conditions

Terms and Conditions

ARK Terms & Conditions

This document contains the terms and conditions of ARK Conferences Limited (ARK). They cover use of the ARK websites by the public and by individuals who have no relationship with ARK and also detail the applicable terms when ARK enters into a commercial relationship with a client as a delegate.

Website Terms and Conditions

These are the terms and conditions (‘Website Terms and Conditions’) that govern your use of this website (‘Website’)

 1. Introduction

a. The Website is operated by ARK Conferences Ltd a company incorporated in England and Wales under number 2931372GB whose registered office is at 5th Floor, 10 Whitechapel High Street, London E1 8QS (‘ARK’).

b. Please read these Website Terms and Conditions carefully before using the Website. By accessing any part of the Website, you will be deemed to have accepted these Website Terms and Conditions in full regardless of whether or not you choose to register on the Website. If you do not accept these Website Terms and Conditions, you must leave the Website immediately.

c. ARK may revise these Website Terms and Conditions at any time by posting an update on the Website. Your continued use of the Website after any such change constitutes your acceptance of the new Website Terms and Conditions and they will be binding on you. You should therefore check the Website from time to time to review the current Website Terms and Conditions.

2. Disclaimer

a. Whilst ARK endeavours to ensure that the Website is normally available 24 hours a day, it will not be liable for any reason if the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair for any reason or for any other reasonable cause.

b. You acknowledge that whilst ARK endeavours to ensure that information on the Website and any related material provided to you by ARK, whether by email or otherwise (‘ARK Materials’) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by ARK. You acknowledge that the ARK Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decision and acknowledge that professional advice should be obtained before making any such decision. You acknowledge that some of the Website content may be supplied by third parties and so its accuracy and completeness will not have been checked by ARK.

c. ARK will use reasonable endeavours to ensure that the Website and the ARK Materials do not contain or promulgate any viruses or other malicious code. However, we recommend that you virus check all such materials and regularly check for the presence of viruses and other malicious code.

d. ARK is not responsible for the material provided by advertisers and sponsors on the Website and provides no assurances that it will not take advertisements or sponsorships from competitors of its clients or its Website users. Your correspondence and any business dealings with, participation in promotions offered by and your access to, purchase or utilisation of products or services offered by any such advertisers and sponsors are solely between you and such third party.

e. ARK is not responsible for any defamatory, offensive or illegal conduct of any Website user or third party.

3. Use of Website and Website Content

a. All intellectual property and other proprietary rights in and to the Website and the ARK Materials are owned by and reserved to ARK or its licensors or users (as applicable).

b. The ARK Materials include all of ARK’s or its group companies’ trademarks (whether registered or unregistered), graphics, logos, designs, page headers and button icons used and displayed on the Website. You are not permitted to use any of the foregoing nor any similar or confusing versions in any way without ARK’s prior written consent, other than for the purposes of referring to ARK and its brands lawfully and in good faith.

c. You agree not to scrape, extract, download, upload, sell or offer for sale any of the ARK Materials and you agree not to use, or cause to be used, any computerized or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any of the ARK Materials. You must not bypass robot exclusion headers or other similar measures that ARK may use to restrict access to, or caching of, the Website.

d. You will not:

i. attempt to interfere with the proper working of the Website or to monitor use of the Website without ARK’s prior written permission;

ii. take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure;

iii. decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces within the Website (except that these restrictions only apply to the extent permitted by law);

iv. use any network monitoring or discovery software to determine the Website architecture or extract information about usage, individual identities or users;

v. circumvent, disable or otherwise interfere with security-related features of the Website including any features designed to prevent, limit or restrict use or copying of any ARK Materials.

e. You agree that you will use the ARK Materials only in accordance with the following permitted uses (except where otherwise agreed in writing with ARK):

i. Viewing them on a computer screen and printing a reasonable number of copies of them, in accordance with fair practice and only to the extent reasonably required in the circumstances (and not further copying them);

ii. Where (and only to the extent that) permission to download and store them is specifically granted in the relevant ARK Materials, downloading and storing the content on the hard disk of your computer or portable media but not making any further transfer or copy of it;

iii. making only such other use of them as may be specified in the ARK Materials.

f. You agree not to distribute, reproduce, modify, store, transfer or in any other way use any of the ARK Materials (including as part of any database, library, news, information, archive, website or similar service) other than as set out above.

g. You will not do any of the following:

i. create a database (electronic or otherwise) that includes any ARK Materials;

ii. disseminate advertisements on the Website or use the ARK Materials for any commercial purposes (including using any ARK Materials to promote or encourage the sale of your goods or services);

iii. transmit or recirculate any ARK Materials to any third party unless specifically authorised to do so by ARK;

iv. remove any copyright or trade mark notices from any of the ARK Materials;

h. You will not use the Website to publish or disseminate any of the following:

i. unsolicited or unauthorised advertising, or promotional materials (including junk mail, spam, chain letters, pyramid schemes);

ii. material that does or may infringe the rights (including intellectual property rights) of any third party or that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or that constitutes or encourages conduct which may be considered a criminal offence or give rise to any civil liability in any jurisdiction;

iii. material that brings or may bring ARK or any of its brands or companies within its corporate group into dispute or disrepute or in any way damages the standing or reputation of any of the foregoing;

iv. material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;

i. You will not post to the Website any link that takes a user to material that contravenes any of the restrictions set out above;

j. Additional terms may apply to:

i. any purchases you make via the Website;

ii. registration on the Website including for any email alert or other related services;

iii. any promotion, competition or draw appearing on the Website.

4.  Links To and From Other Websites

a. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. ARK has not reviewed any such third party websites and does not control or take any responsibility for their content or availability.

b. ARK does not endorse or make any representations about any such third party websites or any material found thereon or any results that may be obtained from your use of the same. If you decide to access any such third party website, you do so entirely at your own risk.

c. You may link to the homepage of the Website only, on condition that you do not replicate the home page of the Website. In linking to the Website you must not:

i. create a frame or any other browser or border environment around the Website;

ii. imply any endorsement by ARK other than its written consent or misrepresent your relationship with ARK;

iii. use any logos or trade marks displayed on the Website without the express written permission of ARK;

iv. link from a website that is not owned by you;

v. link from a website that contains content in contravention of paragraph 3(h) above or that infringes the intellectual property rights of any person or does not comply with all applicable laws and regulations.

d. You may link to other pages of the Website only with the prior written consent of ARK and subject always to the same conditions as set out in paragraph 5(c) above. If you wish to do this, please contact ARK using the Web Editor contact details shown on the ‘Contact Us’ section of the Website.

5. Suspension of Access to Website and User Indemnities

a. If ARK believes that you have not complied with any of these Website Terms and Conditions, it may in its sole discretion suspend or cancel your access to the Website or any part thereof without notice.

b. Without prejudice to the provisions of paragraph 6(a) above, you will indemnify and hold harmless ARK and its employees, agents, officers, directors and other representatives from and against all costs, losses, liabilities and expenses which any of the foregoing may suffer or incur arising out of or in connection with your breach of these Website Terms and Conditions.

6. Liability

a. Nothing in these Website Terms and Conditions will operate to exclude or limit ARK’s liability for death or personal injury caused by the negligence of ARK or its employees or subcontractors, for any fraudulent misrepresentation by any of the foregoing or for any other liability which cannot be excluded or restricted by law. Subject to the foregoing, ARK will not be liable to you under or in connection with these Website Terms and Conditions for any loss of profits, loss of or damage to data, loss of anticipated savings or interest, loss of revenue or loss of or damage to goodwill or for any indirect, special, economic or consequential damages, claims, losses or expenses of any kind.

b. Subject to paragraph 7(a) above, any liability of ARK arising from or in relation to your use of the Website or the ARK Materials (whether in tort, contract or otherwise) will be limited to five hundred pounds sterling (£500) unless otherwise agreed in writing between us.

7. Privacy and Cookies Policy

a. The provision of personal information by you and use of it and cookies by ARK is subject to our Privacy Policy.

8. Registration

a. To access certain parts of the Website, ARK may require you to register and provide certain information about yourself. When you register, you agree to:

i. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (‘Registration Data’);

ii. contact ARK using the contact details shown on the ‘Contact Us’ section of the Website in the event that your Registration Data changes.

b. Where you register on the Website, you will be allocated a username and password. These details must be used solely by you. Sharing your username or password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:

i. maintain the security of your username and password and be fully responsible for all use of the Website made using the same;

ii. immediately notify ARK if you become aware of any unauthorised use of your username or password or any other breach of Website security;

iii. ensure that you close your Website account at the end of each session.

c. ARK accepts no liability for any losses, damages or costs arising from or in relation to your failure to comply with these requirements.

9. User Generated Content

a. The pages of the Website where you are permitted to post content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. You must not use any such page of the Website in a manner inconsistent with the foregoing.

b. By submitting any content to the Website, you:

i. grant ARK the right to use such content and all material embodied therein for any purposes including editing, copying, reproducing, translating, disclosing, posting to or removing from the Website;

ii. waive all of the moral rights that you have under Chapter IV of the Copyright, Designs and Patents Act 1988 in any material posted to the Website;

iii. warrant that all such content complies with the provisions of paragraph 3(h) above;

iv. acknowledge that ARK may require you to confirm your rights in the content and the waivers and warranties above and agree to do so within 7 (seven) days of ARK’s request.

 

c. ARK reserves the right at its sole discretion to refuse or remove any content that is posted to or otherwise made available on the Website without the need to give reasons.

d. ARK will not review the materials posted to or made available on the Website by you or any other user. Unless ARK is specifically notified of the nature of any item of content, ARK has no awareness of materials posted to or made available on the Website. If you object to the publication of any material posted to or made available on the Website please contact ARK using the Web Editor contact details shown on the ‘Contact Us’ section of the Website.

e. ARK accepts no responsibility for any statements, material or other submissions placed on the Website by users.

10. General

a. In the event that any provision of these Website Terms and Conditions is held to be invalid or unenforceable, the remainder of these Website Terms and Conditions will remain valid and enforceable.

b. ARK may record and monitor telephone calls with Website users and may use that data for any legitimate business purpose.

c. These Website Terms and Conditions are governed by English law and the courts of England will have exclusive jurisdiction to settle any disputes arising out of or in connection with these Website Terms and Conditions.

Conference Delegate Terms of Business

1. Scope of these Conference Delegate Terms and Conditions

a. These Conference Delegate Terms and Conditions govern your booking for the Conference as detailed on the relevant order form.

b. The Conference is organised and managed by ARK.

c. Your booking for the Conference is subject to availability and to you making full payment (where relevant).

d. You may make a booking for yourself for the Conference and you may make bookings on behalf of others. Where you make bookings on behalf of other individuals for the Conference you will ensure that each such individual is aware of, agrees to be bound by and complies with these Conference Delegate Terms and Conditions. You will be liable for the failure by any such other individual to comply with these Conference Delegate Terms and Conditions as if it had been your failure.

2. Acceptance of Bookings

a. ARK reserves the right to refuse a booking at any time prior to the event for any reason.

b. ARK reserves the right to reject delegate bookings from vendors and solutions providers.

3. Prices and Payment

a. There may be a price payable for attending the Conference.  These prices are set out on the relevant Order Form or can otherwise be obtained from us upon request or from our website.

b. Prices may be subject to change from time to time.

c. Prices quoted in Euros are calculated at the correct conversion rate at the time of booking.

d. Bookings are subject to 20% standard UK VAT charges where applicable.

e. Early bird offers cannot be used in conjunction with any other ARK promotion code or offer.

f. Upon receipt of your booking we will send you an invoice for the relevant amount.  This invoice will set out payment instructions and terms.

g. If you apply to register for the Conference less than two (2) weeks before the date of the Conference, payment will be due immediately by credit card. If for any reason we have not received payment in full by the date of the Conference, you will be asked as a condition of being allowed to attend the Conference to provide payment by credit card on the day of the Conference.

h. We reserve the right to cancel your booking at any time if payment is not made.

i.  Failure to pay in accordance with this clause shall entitle ARK without prejudice to any other rights to charge interest at the rate of 8% per annum above the Bank of England base rate together with compensation for debt recovery cost pursuant to the provisions of The Late Payment of Commercial Debts Regulations 2002.

4. Delegate Places

a. We will issue you with a name badge when you arrive at the event.  Your delegate place is valid for you as the named attendee only. Subject to clause 4b below, you may not transfer your delegate passes.

b. If you are unable to attend the Conference we welcome substitute delegates at no extra cost provided that we have at least two (2) days’ prior notice of the name of the proposed substitute and we have received payment in full. Please notify us of any substitutions by email at: client.care@ark-group.com.

5. Changes to the Conference and Cancellations

a. It may be necessary for reasons beyond our reasonable control to alter the advertised content, timing or location of the Conference or the advertised speakers. We reserve the right to do this at any time.

b. Where we alter the time or location of the conference, we will notify you of that alteration and we will offer you the choice of either a credit or the opportunity to attend the Conference as varied.  ARK will not be held liable for any compensation or resulting consequential loss incurred.

c. All booking cancellations must be received in writing.

d.  If a delegate cancels after the booking has been accepted the following cancellation charges will apply:

  1. Cancellations received over 45 days prior to the event will be refunded in full
  2. Cancellations received between 45 and 30 days prior to the event will incur a 40% cancellation fee
  3. Cancellations received less than 30 days prior to the event will remain chargeable in full and no refunds will be made.  Alternatively a substitute delegate may attend in place of the original delegate provided that they are from the same organisation.
  1. e. We will have no obligation to refund any amounts paid in respect of non-attendance.

    6. Conference Content: Ownership and Use

    a. All rights in all presentations, documentation and materials published or otherwise made available as part of or compiled or created as a result of the Conference (including documentation packs or audio or audio-visual recording of the Conference) (“Content”) are owned by us or are included with the permission of the owner of the rights.

    b. During the course of the Conference, you may be recorded in a variety of media including still photography and audio. Unless otherwise notified to client.care@ark-group.com you consent to being recorded in any media and agree that ARK may use any such recording for any purpose connected to the Conference without your prior approval and with no obligation to compensate you for that use. ARK may write reports on the Conference including as the basis for articles to be included in any of ARK’s publications in digital or written format.

    c. Subject to the remainder of this Clause 6, you may only use Content for your own internal business purposes, in accordance with fair practice and only to the extent reasonably required. You may not otherwise distribute, reproduce, modify, store, transfer or in any other way use any of the Content.

    d. Nothing in these Conference Delegate Terms and Conditions permits you to, and you agree that you will not:

    i. upload any Content into any shared system;

    ii. include any Content in a database;

    iii. include any Content in a website or on any intranet;

    iv. transmit, re-circulate or otherwise make available any Content to anyone else;

    v. make any commercial use of the Content whatsoever; or

    vi. use Content in any way that might infringe third party rights or that may bring ARK or any of our affiliates into disrepute.

    7. Content Disclaimers

    a. You acknowledge that the Content does not necessarily reflect our views or opinions.

    b. You should not rely on suggestions or advice contained in the Content in place of professional or other advice.

    c. Whilst we take reasonable care to ensure that Content which is created by us is accurate and complete, some Content is supplied by third parties and we are unable to check its accuracy or completeness. You should verify the accuracy of any information (whether created by us or third parties) before relying on it.

    d. The Content is provided on an ‘as is’ basis without any warranties of any kind, express or implied.

    e. To the extent that any Content is made available by us online, we reserve the right to suspend or remove access to such Content at any time.

    f. ARK excludes to the fullest extent permitted by law all liabilities costs, claims, damages, losses and expenses arising from any inaccuracy or omission in the Content or arising from any infringing, defamatory or otherwise unlawful material in the Content.

    8. Limitation on ARK’s Liability

    a. ARK’s aggregate liability to you in respect of all losses, liabilities or damage suffered by you arising out of or in connection with these Conference Delegate Terms or Conditions, howsoever arising and whether in contract, negligence or other tortious action or otherwise, will not exceed the value of sums paid in respect of your attendance at the Conference.

    c. You will ensure that we, our staff and our affiliates will not suffer or incur any loss, costs, claims or expenses of any kind arising from or in connection with any act or omission by you (including your delegates) during or otherwise in relation to a Conference.

    9. Use of client information

    a. This clause sets out the responsibilities of ARK and the customer in relation to the General Data Protection Regulation and any other applicable data protection law (Data Protection Law).  Any terms or words defined in Data Protection Law and used in this clause relating to personal data shall have the meaning set out in Data Protection Law.  Where ARK processes any personal data in relation to services or products covered by these Terms and Conditions, it does so as a data controller on its own behalf (including in order to comply with its obligations and exercise its rights under this agreement) and shall comply with Data Protection Law in respect of such processing.  Where the customer provides any personal data in relation to this agreement, it warrants that it does so in compliance with Data Protection Law and that ARK may, under Data Protection Law, process such data as required or anticipated by this agreement, and the Customer shall be responsible for any costs, losses or expenses ARK incurs or suffers as a result of breach of such warranty.

    b. Your details will be added to the ARK database in order to process your booking and inform you of related events, publications and services from ARK.  If you do not wish to receive these please email client.care@ark-group.com

    c. By booking a delegate place at an Ark event, you authorise ARK to share your information with sponsors, other delegates at the same event and carefully selected commercial partners involved in the event in order for them to operate the event, send direct marketing to attendees and as otherwise required by them.  These organisations are acting as data controllers in their own right and you should refer to their own privacy policies if you have any questions or concerns over their use of such information.  ARK is not responsible for and shall not be liable in any way in respect of, such third parties’ use of personal data.  Please email client.care@ark-group.com if you do not wish to receive information from our commercial partners.

     

     

     

     

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