ArkEvent is a trading name of Silverark IT Solutions LTD registered in England and Wales under company number 09127793 whose registered office is at The Citadel, Gillygate, York, YO30 5UT. 1.1 To use the Service Users must Accept these Terms which should be read carefully prior to using the Service. These Terms represent a binding contract between ArkEvent and the User. If the User does not wish to be bound by these Terms the User should not Accept these Terms. PLEASE NOTE THAT CLAUSE 11 OF THESE TERMS INCLUDES AN EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY.
2.1 In this Agreement the following terms shall, unless the context otherwise requires, have (whether with or without the definite article) the following meanings: “Accept” means either:
and thereby to consent to be bound by these Terms; “Content” means information, software, photographs, video, graphics, music, sound and other material that appears on the Website or are made available through the Service “Intellectual Property Rights” means throughout the world all copyrights, database rights, trade marks, trade names, patents and other intellectual property or industrial property rights created, developed and subsisting; “Page” means a page of the Website; “PDPs” means potentially destructive contaminating or harmful programs or components such as, but not limited to, worms, trojan horses and viruses; “Service” means the entertainment, advertisements, Facebook applications, ticket sales and information provided by ArkEvent by means of the Website, Newsletter and/or SMS; “Ticket” means a ticket purchased via the website to allow the user entry into a specified event; “These Terms” means the terms and conditions of this Agreement; “User” means the individual, business (including any sole trader, partnership, limited company or other organisation or person) that has registered (either itself or by means of a duly authorised officer, agent or other representative) with ArkEvent by means of the registration screen on the Website or that uses the Service; “User’s Equipment” means the User's own computer equipment, telecommunications dialup connection, software, any telecommunication services and communications lines (including any public lines) required by the User properly to access and use the Service; “Website” means the website with URL http://www.arkevent.co.uk or such other URL or URLs as ArkEvent may in its sole discretion from time to time decide by means of which ArkEvent may provide the Service; “ArkEvent” is a trading name and means "Silverark IT Solutions LTD", a company registered in the UK with company number 09127793 whose registered office is at The Citadel, Gillygate, York, YO30 5UT. “Promoter” means a Person or persons signing up to ArkEvent in order to use it's online tools
2.2. Reference to any statute or statutory provision includes a reference to: that statute or statutory provision as from time to time amended, extended, reenacted or consolidated; and all statutory instruments or orders made pursuant to it. Words denoting the singular number only shall include the plural and vice versa. Words denoting any gender shall denote all genders and words denoting persons shall include firms and corporations and vice versa. Unless the context otherwise requires reference to any clause, subclause or schedule is to a clause, subclause or schedule (as the case may be) of or to this Agreement. The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.
4.1. In consideration for ArkEvent providing all or part of the Service the User agrees to be bound by these Terms. 4.2. ArkEvent may vary these Terms at any time. Such variations shall become effective immediately upon the posting of the modified Terms on the Website or notification to the User. By continuing to use the Service following any such variation the User shall be deemed to accept such variation.
5.1. ArkEvent’s Services and Responsibilities
ArkEvent provides the following services:
5.2 Ticket Sales, Pricing and Availability
Tickets sold through ArkEvent's normal pay method, are tickets sold for events advertised by promoters, where transactions are processed through the promoters Stripe account. The Promoter, in its sole discretion, determines factors such as ticket pricing, availability; availability of individual refunds where an event has not been canceled, and seating locations. Tickets may be sold exclusively through ArkEvent or in combination with other inventories from companies not associated with ArkEvent. ArkEvent exerts no control or authority over the Promoter, ticket prices, availability, individual refunds, or any other companies which may be selling tickets to the events listed on the ArkEvent website.
5.3 Payment and Service Charges
Any tickets purchased the ArkEvent website or applications are subject to a handling fee, as shown prior to your ticket purchase. This handling fee starts from 2% plus £0.10 per order. This rate is variable per Promoter so could be higher or lower. In addition there might is a credit card handling fee, which Stripe charges for processing the payment. Please visit Stripes website to view the current rate for these changes. The rate is different for different card types.
5.4 Order Processing
Your order will be processed after Your billing information has been verified. You will receive confirmation that Your order was processed successfully via email shortly after the transaction is completed. If You do not receive an email confirmation of Your purchase after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is Your responsibility to confirm with ArkEvent whether or not Your order has been placed by contacting Our customer support at the address provided below or emailing us at firstname.lastname@example.org. Please represent and warrant that any credit or debit card or other billing information that You provide to ArkEvent is valid and accurate in all respects. You hereby authorise ArkEvent to charge or debit your payment card or other account for the face value of any tickets You purchase, as well as any fees or other charges (such as taxes) that may be due in connection with any transactions you request through ArkEvent.
5.5 Ticket Delivery
ArkEvent tickets can represent goods, tokens, services or traditional tickets. Tickets will always be distributed in electronic format to the email you enter in connection with the purchase. ArkEvent will send a receipt to your email immediately after your purchase. If you cannot find the ticket and/or receipt in your inbox, we recommend that you look in your spam folder. If you have not received your tickets one hour after your purchase you can contact us at email@example.com. You can also simply download your tickets though our website. Please note that you must print your tickets and bring them to the event, unless the organiser has stated otherwise. For larger events the organizer can choose to use ArkEvent’s scanners, which enable mobile tickets as well.
If you do not inform us of the non-receipt of tickets within a reasonable time (in any event at least 3 working days before the event) we will have no liability to you. The Delivery of tickets is subject to the delivery company terms if tickets are not sent electronically.
When You pay for Your ticket through ArkEvent any refund of Fees is the sole responsibility of the Promoter. Before purchasing Your tickets, it is Your responsibility to carefully review all aspects of the event, including event restriction, dates, pricing and charges. We will not issue any refunds for any lost, stolen, destroyed, or damaged tickets, or as under any other circumstances except in the limited cases explicitly described in this Agreement. As previously stated, even if a refund is issued by Promoter, ArkEvent’s Fees will be deducted from the refund amount. The User may apply for a refund prior to the event in question provided that tickets for the event remain on sale. Acceptance of refunds is determined by the event's refund policy and it is the customer's responsibility to check this policy with the promoter prior to purchasing the ticket. Should an event be cancelled the Promoter of the event will inform the User prior to such cancellation and will refund to the User the ticket price minus the transaction fee.
6a.1. The User shall be responsible for obtaining and maintaining the User's Equipment. ArkEvent has no responsibility or liability with respect to the User's Equipment.
6a.2. The User shall ensure at all times that its use of any part of the Service, including connection of the User's Equipment to the Server, is in accordance with all applicable data protection and other laws, licences, codes of practice and regulations.
6a.3. The Service shall only be used by the User or a duly authorised officer, agent or other representative of the User. The User may not sell on or sublet either the whole or part of the Service.
6a.4. The User shall not permit anyone else to copy, store, modify, transmit, distribute, broadcast any part of the Content except where it is necessary to do so to enable the User to receive the Service in accordance with these Terms.
6a.5. In order to access the Service the User may be required to use a unique password ('Password'). The User may only disclose its Password to its duly authorised officers, agents or other representatives. The User is responsible for the security and proper use of its Password and shall take all necessary steps to ensure that the Password is kept confidential, used properly and not disclosed to unauthorised persons.
6a.6. ArkEvent at its sole discretion reserves the right to: (a) refuse to accept a User's registration; or (b) limit a User's access to the whole or any part of the Service.
6a.7. Access to the Website is permitted on a temporary basis and ArkEvent reserves the right to suspend at its sole discretion the whole or any part of the Service for any reason whatsoever. In such situations, ArkEvent shall seek to, but shall not be obliged to, give the User as much notice as is reasonably practicable. For the avoidance of doubt, ArkEvent shall not be liable to the User for any loss whatsoever arising from such a suspension.
6a.8. ArkEvent shall be entitled to vary the technical specification of the Service and the Website from time to time. ArkEvent may, for this purpose, suspend access to the Website or close it indefinitely. Any of the material on the Website may be out of date at any given time and we are under no obligation to update our (or any Promoters) material.
6a.9. The User acknowledges that despite ArkEvent taking reasonable precautions it is still possible that PDPs may be transmitted from the Server or a server belonging to any third party to the User's Equipment. The User therefore accepts that is shall have full responsibility for protecting the User's Equipment from PDPs and ArkEvent shall have no responsibility for ensuring that content downloaded from the Website is free of PDPs.
6b.1. ArkEvent is a self serve platform, which allows Promoters to market and promote events. ArkEvent is in no way responsible for the content of events uploaded onto it's Platform and in no way endorses nor is affiliated with these events.
6b.2. It is the sole responsibility of the promoter listing the event to make sure that the event details are correct, this includes but is not limited to: entry times, ticket price, transaction fee variations and door policy. ArkEvent is in no way responsible for incorrectly entered events, nor is it responsible for any revenue lost as a consequence.
6b.3. Should the promoter cancel an event it is the promoter's responsibility to inform ArkEvent and the customers who purchased tickets. The promoter is responsible for all decisions regarding refunds, or contacting customers regarding an alternative date.
6b.4. ArkEvent has the right to remove any events and take off sale any tickets which it believes to be unsuitable for the ArkEvent platform. ArkEvent has the right to withhold payouts for up to 30 days in case of suspected fraud.
6b.5. Promoters are responsible for informing ArkEvent of any bugs or issues with the platform. ArkEvent is in no way liable for losses caused by these bugs or issues, but will endeavor to fix these as soon as possible.
6b.6. ArkEvent accepts no responsibility for misused promoter accounts. ArkEvent is not liable for loses incurred due to the misuse of an account by the account owner or any other party. This includes but is not limited to: incorrect event information and other general misuse of the account.
6b.7. The promoter of the event agrees to allow that ArkEvent will at all times be acting as the agent in arranging the sale of tickets to events. ArkEvent is not acting as a principal in the sale of tickets, nor do the tickets become at any time the property of ArkEvent. The promoter hereby acknowledge that accounting to HMRC for any VAT due and payable on the sale of the tickets to the customers is the promoter's responsibility. ArkEvent has a right to charge a transaction fee over and above the face value of the ticket. This fee constitutes a financial transaction charge used to cover ArkEvent's cost of taking the transaction.
6b.8. ArkEvent endeavours to complete payments due to the promoter within 4 working days of the event being successfully completed.
All Content is the sole responsibility of the person from whom such Content originated. ArkEvent does not control, and is not responsible for usersubmitted Content and that by using the Website, You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site may contain links to other websites, which are completely independent of ArkEvent. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked Site. Likewise, ArkEvent makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Site. Users of the Site bear all risks associatedwith, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will ArkEvent be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site.
You acknowledge that ArkEvent does not prescreen or approve Content prior to posting. ArkEvent makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profile, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any user. And further, as to Content: (i) You understand and agree that ArkEvent may review and delete any Content that in the sole judgment of ArkEvent violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others; (ii) You are solely responsible for the Content that You publish or display; and (iii) by posting Content to any public area of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to ArkEvent an irrevocable, perpetual, nonexclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses of the foregoing. ArkEvent reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators. The following is a partial list of the kind of Content that is illegal or prohibited on the Site:
Content that (a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of \"junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufactureinstalled copyprotect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (g) displays pornographic or sexually explicit material of any kind; (h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (j) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (k) engages in commercial activities and/or sales without our prior written consent such as contests, ssweepstakes, barter, advertising, and pyramid schemes; or (l) post nonlocal or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
8.1. All rights in the design, text, graphics, music, photographs, sound, video and other material on the Website and the selection or arrangement thereof are the copyright of ArkEvent or other third parties.
8.2. The Service is provided by ArkEvent subject to the condition that there will be no abuse or fraudulent use thereof. Abuse and fraudulent use of the Service shall include (without limitation):
8.2.1. obtaining or attempting to obtain, the Service by rearranging, tampering with, or making connecting with any facilities of ArkEvent, or by any trick, scheme, false representation or by or through any other fraudulent means or devices whatsoever in whole or in part;
8.2.2. attempting to, or actually obtaining, accessing, altering or destroying any one or more from the data files, programs, procedures and information of ArkEvent or of another user of the Service;
8.2.3. assisting another to perform the acts prohibited in 8.2.1 and 8.2.2 above;
8.2.4. using the Service in such a manner as to interfere unreasonably with the use of the Service by any other User or authorised person; and
8.2.5. use of the Service by any person unless they are a duly authorised officer, agent or other representative of the User.
8.3. The User must not modify the paper or digital copies of any materials they have printed off or downloaded from the Website in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.6. ArkEvent has used its reasonable endeavours to ensure that the Website is secure. However, ArkEvent does not warrant or represent that either this is the case or that the internet (which by its very nature is insecure) is secure.
9.1. The User represents and warrants to ArkEvent that its use of the Service shall:
9.1.1. not be in breach of any contractual, statutory (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drugtrafficking, moneylaundering and terrorism statutes) or common law rights of any third party;
9.1.2. not be threatening, fraudulent, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by ArkEvent at its sole discretion; and
9.1.3. not cause any PDPs to be transmitted to the Server.
9.2. The User represents and warrants that all the information that it supplies to ArkEvent shall be accurate, complete and true in all respects and the User agrees that it shall notify ArkEvent immediately of any changes to such information or if such information becomes out of date.
10.1. When the User registers with ArkEvent to use the Service the User provides information by means of registration screens on the Website and as the User uses the Service ArkEvent shall collect further information ('Information') from the User.
11.1. Where the User accesses the Service by means of the internet, ArkEvent will use its reasonable endeavours to ensure that the Service is accessible at all times via the internet but ArkEvent does not warrant or represent that it can do so since neither ArkEvent nor any other party has any control over the internet, which is a global decentralised network of computer systems. The Service will not be continually free from error or interruption and may be variable.
11.2. The Service is provided \"as is" without any warranty of any kind either express or implied including but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title and noninfringement of Intellectual Property Rights.
11.3. Neither ArkEvent nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Service. This is a comprehensive limitation of liability that applies to damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties, and whether arising from negligence, breach of contract, statutory duty or otherwise.
11.4. The User acknowledges that any data transmitted to ArkEvent or the Server electronically via the internet, an intranet or another private network including without limit the Website may be intercepted by third parties and unlawfully exploited. The User accordingly accepts that ArkEvent has no responsibility in respect of the acts of the said third parties.
11.5. In the event that ArkEvent incurs any liability whatsoever to the User such liability shall in all cases be limited to the amount equivalent to the usage fee paid for the Service over a twelve month period.
11.6. ArkEvent is not responsible in contract or in tort for the unauthorised access to, or alteration, theft or destruction of emails, files, programs, or information of the User by any person through accident or by fraudulent means or devices, even if such access occurs as a result of ArkEvent \'s own negligence.
11.7. Notwithstanding the foregoing, none of the exclusions or limitation in this clause 11 are intended to limit any rights the User may have as a consumer under local law or statutory rights which may not be excluded nor in any way to exclude or limit ArkEvent 's liability to the User for death or personal injury resulting from ArkEvent 's negligence or that of ArkEvent 's employees or agents.
12.1. The User undertakes fully and effectively to indemnify and keep indemnified at all times ArkEvent against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, suffered, incurred or paid by ArkEvent directly or indirectly in respect of:
12.1.1. access to and/or use of the Service by the User;
12.1.2. (without prejudice to clause 9.2) any information, data or material produced, transmitted or downloaded by the User;
12.1.3. any breach by the User of any of the Terms of any law, code or regulation relating thereto, to the internet or the User.
13.1. Certain links, including hypertext links, in the Website will take the User outside the Website. Links are provided for the User's convenience and inclusion of any link does not imply endorsement or approval by ArkEvent of the linked site, its operator or its content. ArkEvent is not responsible for the content of any website outside the Website.
14.1. ArkEvent shall not be responsible for any delay in, or failure of, the Service or the internet due to any occurrence commonly known as force majeure, including war, riots, embargoes, terrorism, strikes, or other concerted acts of workmen (whether of ArkEvent or others) casualties or accidents, or any other causes, circumstances, or contingencies beyond ArkEvent 's control, which prevent or hinder the performance of ArkEvent of any of its obligations hereunder.
15.1. Either party may terminate this Agreement immediately by notifying the other that this Agreement is terminated.
16.1. Failure or neglect by ArkEvent to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of ArkEvent 's rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice ArkEvent 's rights to take subsequent action.
17.1. Neither this Agreement nor the benefit of the Service may be assigned or transferred by the User whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of ArkEvent, and ArkEvent reserves the right to charge for any time or costs incurred by its staff in so doing. No such assignment by the User howsoever occurring shall relieve the User of its obligations hereunder.
17.2. ArkEvent is fully entitled to assign or transfer this Agreement or the benefit of the Service at any time.
18.1. Any notice required or permitted under the terms of this Agreement or required by statute, law or regulation shall (unless otherwise provided) be in writing and shall be delivered in person, or sent by registered mail or air mail as appropriate, properly posted and fully prepaid in an envelope properly addressed to ArkEvent as follows: All notices shall be sent to ArkEvent at ArkEvent 's address: ArkEvent UK Limited,3rd Floor,8 Charterhouse Buildings, EC1M 7AN or to such other address as may from time be designated by notice set out on the Website or otherwise notified to the User. ArkEvent may at its sole discretion notify Users of any matter by displaying a message on the Website. Any such notice shall be in the English language and shall be considered to be received within seven working days after it was sent in the manner hereinbefore provided.
19.1. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:
19.1.1. The legality, validity or enforceability in that jurisdiction of any other provision of this Agreement or;
19.1.2. The legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.
20.1. This Agreement supersedes any arrangements, understanding, promises or agreements made or existing between the parties hereto prior to this Agreement in respect of the Service and constitutes the entire understanding between the parties hereto regarding the same. Except as otherwise provided herein, no addition, amendment to or modification of this Agreement shall be effective unless it is in writing and signed by and on behalf of both parties.
21.1. This Agreement shall be governed and construed in accordance with English Law and parties hereby submit themselves to the exclusive jurisdiction of the English Courts in respect of any claim (including noncontractual disputes or claims).
22.1. Nothing in this Agreement confers or purports to confer on any third party any benefit of any right to enforce any of this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
This policy covers ArkEvent's use of personal information that is collected when you use arkevent.co.uk.
From time to time, you will be asked to submit personal information about yourself (e.g. name and email) in order to receive or use services on our website. Such services include e.g. newsletters, competitions, ticketing, event creation, forums, and ArkEvent membership.
By entering your details in the fields requested, you enable ArkEvent and its service providers to provide you with the services you select. Whenever you provide such personal information we will treat that information in accordance with this policy. When using your personal information ArkEvent will act in accordance with current legislation and aim to meet current Internet best practice.
During the course of any visit to ArkEvent, the pages you see, along with a short text file called a 'cookie', are downloaded to your computer. Information contained within cookies can help us to provide you with a better online user experience and assist us to analyse the profile of our visitors.
ArkEvent may gather nonpersonal information regarding the visitors to our website on our behalf using cookies, log file data and code which is embedded on our website. ArkEvent uses this type of information, as with that obtained from other cookies used on the site, to help it improve the services to its users.
If you would rather not have cookies on your computer, you can set your browser to deny cookies. You can also select to delete cookies from your computer at your discretion. For further information on cookies visit aboutcookies.org
ArkEvent may use the collected data about you for internal purposes only, to improve its site and to better tailor the services to meet your needs.
In general, any information you provide to ArkEvent will only be used in relation to the site. The information collected in regards to an Event will be passed on to the Promoter. Your information may be disclosed to third party contractors and service providers who work with ArkEvent, to provide website services. Your information will be disclosed where we are obliged or permitted by law. If you post or send offensive, inappropriate or objectionable content anywhere on or to arkevent.co.uk or otherwise engage in any disruptive behaviour on the website, ArkEvent can use whatever information that is available about you to stop such behaviour.
In accordance with our requirements under the Data Protection Act 1998, ArkEvent shall use reasonable endeavours to implement security procedures to help prevent unauthorised access to Your Information. However, ArkEvent shall not be liable for any attempt to hack or crack or otherwise gain access to any part of this Website including any of Your Information.
If you are aged 16 or under, please get your parent/guardian's permission beforehand whenever you provide personal information to ArkEvent.
Only users 18 and over can be Promoters on ArkEvent.