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Terms of Service (effective 30th March 2020)

Who we are

If you are a consumer

Price and Payment
The product’s price (which may or may not include VAT) will be the price indicated on our site when you place your order through our website. We take care to ensure that the product’s price advised to you is correct, but it is always possible that errors may occur. If the product’s correct price at your order date is higher than the price listed on our website, we will contact you for your instructions before we accept your order. Payment is due in full at the point you place your order. If we cannot accept your order, we will refund you via your original payment method.

The cost of delivery will be as displayed on our website. Digital content will be made available on acceptance of your order. Where the product is a service, we will begin delivery of the service on the date stated during the order process.

Our right to terminate or suspend our contract with you
We may terminate or suspend our contact with you at any time if:

Effect of Termination
The parties’ accrued rights, remedies, obligations, and liabilities as at expiry or termination shall be unaffected. The provisions of the contract expressed to survive, together with those which are intended to survive termination, shall survive the termination of the contract.

Limitation of liability
Our total liability to you in respect of losses arising under or in connection with our contract with you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products we supply under our contract with you. This clause will survive termination or the expiry of our contract with you.

If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void, and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

No waiver
No waiver by Ark, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. This clause will survive termination or the expiry of our contract with you.

Governing law
These terms shall be governed by and construed under the laws of the Republic of Ireland and, to the extent permitted by law, the user explicitly accepts that only the law courts of the Republic of Ireland have jurisdiction to deal with any matter arising from or in any way, whether directly or indirectly, related to these terms and, accordingly, the user explicitly waives all and any rights to bring any action of any sort concerning this website, or to any transaction carried out with it, or any data stored on it or provided to it in any court anywhere else in the world. This clause will survive termination or the expiry of our contract with you.

Force Majeure
We are not liable for any failure or delay to perform our obligations under our contract with you where the failure is due to anything beyond our reasonable control (for example, pandemic, natural disasters, flood, fire, acts of terror, malicious damage, compliance with any law or governmental order, or mechanical, electronic or communications failure or degradation).

You may not transfer or assign your contract (or your user account) to anyone without our written consent. We may assign or transfer our contract with you to our affiliates or to a party that buys us or an affiliate or parent of ours without your consent by providing you with notice.

Entire Agreement
The contract is the entire agreement between you and us and supersedes all prior representations or agreements connected with the supply of our products to you. Headings are for reference purposes only and do not form part of our contract with you.

Online purchasing agreements

Only those organisations with approved credit accounts are authorised to place orders through our websites using a purchase order, as documented in an Online Purchasing Agreement. All purchases made using a purchase order are subject to specific terms set out in that organisation’s Online Purchasing Agreement.

Training course terms and conditions

All Ark Innovative Technologies & Services Limited public training courses, including all those for which we act as booking agents for third-party training providers, are subject to the terms and conditions set out below and, by booking a training course or a third-party training course through us, our customers (‘you’) accept these terms and conditions. All in-house training courses are subject to our General Terms and Conditions, which are available separately at the time of booking.


Delegate cancellation charges
You may cancel your booking without penalty, providing written notice within 7 days of originally booking the course. No refunds will be given if course participants fail to attend a course for which you have booked.

Delegates can be transferred from one course to another, or alternative delegates can be substituted for those already booked on a course.

Course cancellations
Ark (and its selected training partners) reserves the right to cancel training courses. To the fullest extent permitted by law, Ark will not be liable to you in contract, tort, negligence or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you as a direct, indirect, special or consequential nature arising from such cancellation.

Delegate background
You are responsible for ensuring that the backgrounds of your delegates are suitable for the training course(s) that they are attending. Ark will not be liable for any refund if delegates decide that the course material is inappropriate for them or where they are unable to participate fully for any reason. In no circumstances will Ark be liable to refund any amount in excess of the agreed and paid price for any training course. This applies in particular (but is not limited) to any travelling, subsistence or consequential expenses of any sort incurred by your delegates.

Copyright and intellectual property
All copyright and other intellectual property rights in or relating to any course materials provided or made available in connection with the course are and remain the sole property of Ark and/or its third-party providers. Course materials may not be used, copied, reproduced, stored in a retrieval system, distributed or transmitted in whole or in part, or in any form or by any means, whether electronically, mechanically or otherwise, or translated into any language, without the prior written permission of Ark and/or its third-party providers.

Data Protection

Ark is committed to protecting your privacy rights under the General Data Protection Regulation (GDPR) and other applicable privacy legislation.

Please see our privacy notice for more information as to how we process data.

Compliance Solutions for Schools

We have a suite of new compliance programs for the Education Sector.