This website ("the Website") is operated by THE ARK GROUP, Company Number 04424463.Registered Office:The Close, Queens Sqaure , LA1 1RS VAT no: GB 876 4351 93
1. Please read these Terms & Conditions carefully before using the Website. By accessing any part of the Website, you shall be deemed to have accepted these Terms & Conditions in full, regardless of whether or not you choose to register as a member on the Website. If you do not accept these Terms & Conditions, you must leave the Website immediately.
2. THE ARK GROUP may revise these Terms & 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 Terms & Conditions and they shall be binding on you. You should therefore check the Website from time to time to review the then current Terms & Conditions. These Terms & Conditions were last updated in October 2013.
1. Whilst THE ARK GROUP endeavours to ensure that the Website is normally available 24 hours a day, it shall not be liable if for any reason 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 or for any other reasonable cause.
2. You acknowledge that whilst THE ARK GROUP endeavours to ensure that information on the Website and any related material provided to you by THE ARK GROUP, whether by email or otherwise (“THE ARK GROUP 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 THE ARK GROUP. You acknowledge that THE ARK GROUP Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision. Finally, you acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by THE ARK GROUP.
3. THE ARK GROUP will use reasonable endeavours to ensure that the Website and THE ARK GROUP Materials do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code.
3. Use of Website Content
1. All intellectual property rights in THE ARK GROUP Materials are reserved by THE ARK GROUP or its licensors or users (as applicable).
2. You agree that in using THE ARK GROUP Materials you shall (except where otherwise agreed in writing with THE ARK GROUP):
a. use them only in accordance with the following permitted uses:
I. viewing them on a computer screen and printing not more than one copy of them (and not further copying them);
ii. where and to the extent (only) that permission to download and store them is specifically granted in the relevant THE ARK GROUP Materials (if at all), 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; and
iii. making only such other use (if any) of them as may be specifically authorised in THE ARK GROUP Materials.
For the avoidance of doubt, you agree not to distribute, reproduce, modify, store, transfer or in any other way use any of THE ARK GROUP Materials (including as part of any database, library, news, information, archive, website or similar service) other than as set out above.
b. not create a database (electronic or otherwise) that includes any THE ARK GROUP Materials;
c. not disseminate advertisements on the Website or use THE ARK GROUP Materials for any other commercial purposes (which would include using them to promote or encourage the sale of your goods/services);
d. not transmit or re-circulate any THE ARK GROUP Materials to any third party (unless specifically authorised to do so by THE ARK GROUP);
e. not remove the copyright or trade mark notice(s) from THE ARK GROUP Materials;
f. not disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
g. not disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be 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, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
h. not disseminate any material which does or may bring THE ARK GROUP or any of its brands or subsidiaries into dispute or in any way damage their reputation;
i. not disseminate any material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data; and
j. not post link(s) that take users to material that contravenes any of the above restrictions.
3. Additional terms may apply to:
a. any purchases you make through the Website;
b. registration to the Website and/or any other email alert or other related services; and
c. any promotion, competition or draw appearing on the Website.
4. Use of Software
Copyright in any software that is made available for download from the Website and/or THE ARK GROUP Materials belongs to THE ARK GROUP or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. Do not install or use any software unless you agree to such licence agreement.
5. User Generated Content
1. The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:
a. grant THE ARK GROUP the right to use such content and all material embodied therein for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you post to the Website;
b. warrant to THE ARK GROUP that all such content complies with the provisions of Clause 3.2; and
c. acknowledge that THE ARK GROUP may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from THE ARK GROUP.
2. THE ARK GROUP reserves the right (but not the obligation) at its sole discretion to refuse or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, THE ARK GROUP will not review the materials that you or anyone else makes to the Website and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that THE ARK GROUP is aware of it. If you object to the publication of any material placed on the Website please contact THE ARK GROUP using the Web Editor contact details shown on the “Contact Us” section of the Website and we will take whatever action we deem appropriate.
3. THE ARK GROUP accepts no responsibility for any statements, material or other submissions placed on the Website by users.
6. Links to and from other websites
1. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. THE ARK GROUP has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. THE ARK GROUP therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
2. You may link to the home page of the Website but strictly only on the basis that you do not replicate the home page of the Website, and subject to the following conditions:
a. you do not create a frame or any other browser or border environment around the Website;
b. you do not in any way imply any endorsement by THE ARK GROUP other than with its written consent or misrepresent your relationship with THE ARK GROUP;
c. you do not use any logos or trade marks displayed on the Website without the express written permission of THE ARK GROUP;
d. you do not link from a website that is not owned by you; and
e. your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
3. You may link to other pages of the Website only with the prior written consent of THE ARK GROUP and subject always to the obligations set out in Clause 6.2. If you wish to do so, please contact THE ARK GROUP using the Web Editor contact details shown on the “Contact Us” section of the Website.
1. To access certain parts of the Website, THE ARK GROUP may require you to register and provide certain information about yourself. Such registration shall be subject to specific terms of registration. When you register you also agree to:
a. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data"); and
b. contact the Web Editor shown on the “Contact Us” section of the Website in the event that you wish to update your Registration Data.
2. Where you register on the Website. These account details must be used solely by you; sharing your user name and password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:
a. maintain the security of your user name and password and be fully responsible for all use of the Website made using your user name and password;
b. immediately notify THE ARK GROUP if you become aware of any unauthorised use of your user name and password or any other breach of security by sending an appropriately worded email to: email@example.com and
c. ensure that you exit from your website account at the end of each session.
THE ARK GROUP cannot and will not be liable for any losses, damages or costs arising from your failure to comply with these requirements.
8. Trade Marks
All THE ARK GROUP trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of THE ARK GROUP and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trade marks and/or domain names without the prior written consent of THE ARK GROUP other than for the purpose of referring to THE ARK GROUP and its associated brands lawfully and in good faith (only).
9. Suspension of access to the Website and User Indemnities
1. If, for any reason, THE ARK GROUP believes that you have not complied with any of these Terms & Conditions it may, at its sole discretion, cancel your access to the registration sections of the Website immediately and without giving you any advance notice.
2. Without prejudice to the provisions of Clause 9.1, you agree to compensate THE ARK GROUP in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of the Website and/or THE ARK GROUP Materials (or by a third party using your user name and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of Clause 3.2.
10. Limitation of THE ARK GROUP's Liability
1. THE ARK GROUP will not be liable to you for any loss or damage caused by THE ARK GROUP or its employees or sub-contractors in circumstances where:
a. there is no breach of a legal duty of care owed to you by THE ARK GROUP (or its employees or sub-contractors); or
b. such loss or damage is not a reasonably foreseeable result of any such breach; or
c. in respect of any increase in the loss or damage resulting from your actions.
2. Without prejudice to Clause 10.1 but subject to Clause 10.3, any liability of THE ARK GROUP arising in respect of your use of the Website and/or THE ARK GROUP Materials (whether in tort, contract or otherwise) shall be limited in aggregate to five hundred pounds sterling (£500) per event unless otherwise agreed in writing between us.
3. Nothing in these Terms & Conditions shall exclude or limit THE ARK GROUP's liability for:
a. death or personal injury caused by the negligence of THE ARK GROUP and/or its employees negligence; or
b. fraudulent misrepresentation by THE ARK GROUP and/or its employees.
11. Privacy and Cookies Policy
The provision of personal information by you and use of it and cookies by THE ARK GROUP is subject to THE ARK GROUP's Privacy and Cookies Policy available as a link to this Website.
12. Promotion Rules
1. The rules in this Clause 12 together with any specific rules (the“Additional Rules”) provided by THE ARK GROUP in relation to a specific promotion (together the “Rules”) apply to all prize promotions operated by THE ARK GROUP on the Website, including free draws and prize competitions (each a “Promotion”). By entering a Promotion you agree to be bound by the Rules and to use of your personal information in accordance with THE ARK GROUP's Privacy and Cookies Policy available as a link to this Website.
2. All entrants to a Promotion must be at least 16 years of age at the date of entry and comply with any further age and/or other eligibility requirements set out in the Rules (eg in relation to residency and (where the prize includes travel outside the United Kingdom and/or car hire) holding a valid passport, visa and/or driver's licence). Proof of age may be required before a prize-winner can claim a prize. The eligibility of any entrant is at the sole discretion of THE ARK GROUP. Employees and agents of THE ARK GROUP and its associated companies (including the families of such employees and agents) are not eligible to enter Promotions. Only one entry per person and per household is permitted.
3. All entries must be made in accordance with the Rules and must be received by THE ARK GROUP by the closing date. Entries made otherwise shall be invalid. THE ARK GROUP accepts no responsibility or liability for any lost, damaged or incomplete entries and all such entries will be deemed invalid. Proof of despatch shall not be proof of entry.
4. Unless otherwise stated in the Additional Rules, all Promotions can be entered by sending an appropriately worded e-mail to the e-mail address specified in the Promotion. Any such e-mail must include your contact details and comply with any instructions set out in the Additional Rules (for example, to identify which Promotion is being entered). Each Promotion must be entered by a separate e-mail. Alternative means of entering a Promotion (if any) will be set out in the Additional Rules and where there are alternative means of entering a Promotion no distinction shall be made between entries between different routes of entry.
5. Unless the Additional Rules specify otherwise, entries shall not be returned to entrants.
6. THE ARK GROUP reserves the right at its sole discretion to (without prior notice):
a. cancel the Promotion; and/or
b. substitute the prize(s) for another prize of equal value.
7. Prize-winners will (unless specified otherwise in the Additional Rules) be chosen at random by an independent judge from all qualifying entries. In all matters, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into.
8. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
9. Prize-winners will be notified in writing within 6 weeks of the applicable closing date. If a prize-winner fails to respond to claim his/her prize within 14 days of receipt of the notification, THE ARK GROUP shall be entitled to select an alternative prize-winner. In such circumstances THE ARK GROUP shall use reasonable endeavours to notify the alternative prize-winner within nine weeks of the closing date.
10. Prize-winners will receive their prize within 6 weeks of notification unless otherwise specified in the Additional Rules. The terms and conditions of any third party supplier may apply and must be accepted and complied with by a prize-winner to accept the prize.
11. THE ARK GROUP will not be liable if a prize does not reach a prize-winner for any reason outside the control of THE ARK GROUP or if a prize is damaged during delivery.
12. Details of the names of prize-winners can be requested by writing to THE ARK GROUP specifying the relevant Promotion, provided that such request is received by THE ARK GROUP within ten weeks of the applicable closing date.
13. By entering the Promotion, the prize-winner(s) agree to take part in any promotional activity requested by THE ARK GROUP and consent to his/her name, county and photograph being published for the purposes of the Promotion and promoting the Website and/or THE ARK GROUP and its businesses.
14. Where relevant, all taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc) are, unless otherwise specifically stated, the sole responsibility of the prize-winner.
15. Other than for death or personal injury arising from the negligence of THE ARK GROUP, THE ARK GROUP hereby excludes (so far as is permitted by law) all liability for any loss, damage, cost and expense, whether direct or indirect, howsoever caused in connection with the Promotion or any aspect of the prize.
1. In the event that any provision of these Terms & Conditions is held to be invalid or unenforceable, the remainder of these Terms & Conditions shall remain valid and enforceable.
2. These Terms & Conditions shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.
Please note your calls to THE ARK GROUP may be recorded for training and quality control purposes.