1. ACCEPTANCE OF TERMS.
The following terms and conditions (this "TOS") govern all use by you as a Buyer (as defined below) or visitor of (a) ReMark Communications Ltd websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by ReMark Communications Ltd ("REMARK") in connection with events listed on the Site, (collectively, the "Services"). The Services are owned and operated by REMARK. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by REMARK. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY REMARK. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
REMARK reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. DESCRIPTION OF REMARK.
REMARK provides a simple and quick means to collect event registration fees online directly from Buyers. Payments are all transacted through Sage Pay. This TOS applies to you and your use of the Services as a Buyer .
3. YOUR USE OF THE SERVICES.
REMARK hereby grants you a non-exclusive, non-transferable, non-sub licensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an event that is registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.
4.1 Independent Relationship of Sage Pay.
If you are a Buyer and you wish to request a refund in connection with an event listed on this site, you should contact REMARK directly.
5. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you may be required to create a password and account. You are responsible for maintaining the confidentiality of any passwords or accounts, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify REMARK of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. REMARK cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that REMARK shall be the sole arbiter of such dispute in its sole discretion and that REMARK’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
6. SITE CONTENT.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by REMARK in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. REMARK may own the Site Content or portions of the Site Content may be made available to REMARK through arrangements with third parties. Except as expressly authorized by REMARK in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of REMARK. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
While using the Site, you understand that you are liable for all Content, in whatever form, that you. You agree not to use the Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize.
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
8. SERVICE MODIFICATIONS/SUSPENSIONS.
REMARK reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that REMARK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
The Services may provide links to other Internet websites or resources. Because REMARK has no control over such websites and resources, you acknowledge and agree that REMARK is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that REMARK shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
10. DISCLAIMER OF WARRANTIES.
The services are provided on an "as is" and "as available" basis. REMARK hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. REMARK makes no warranty that: (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality, safety or legality of any content, products, services, information or other material purchased or obtained by you, or events attended, through the services, or the services themselves (or any part thereof), will meet your expectations, or (v) any errors in the services will be corrected. REMARK is not responsible and shall have no liability for the content, products, services, actions or inactions of any user, buyer or other non-organiser, organiser or third party before, during and/or after an event; and REMARK will have no liability with respect to any warranty disclaimed in (i) through (v) above. you acknowledge that REMARK has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any users' (including buyers', other non-organisers' and organisers') content or listings, or the ability of any user (including buyers, other non-organisers and organisers) to perform, or actually complete a transaction. The foregoing disclaimers shall not apply to the extent prohibited by applicable law. Notwithstanding the foregoing, you may report the misconduct of users, buyers, other non-organisers, organisers and/or third parties in connection with the site or any services to REMARK. REMARK, in its sole discretion, may investigate the claim and take necessary action.
11. LIMITATION OF LIABILITY.
REMARK shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise, with respect to the services, or any other subject matter of this TOS, for: (i) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if REMARK has been advised of the possibility of such damages), (ii) the cost of procurement of substitute services, or (iii) any matters beyond REMARK's reasonable control
Information We Collect:
When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:
1. Personal Data:
2. Non-Personal Data:
Non-Identifiable Data: When you interact with the Services, certain personally non-identifiable information ("Non-Personal Data") may be collected. The Non-Personal Data includes without limitation Internet Protocol (IP) addresses, Internet browser type, other characteristics of your device and software, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Services, the time of your usage and aggregated Personal Data that cannot be used to specifically identify you. Such information, which is collected passively using various technologies, cannot, in and of itself, be used to specifically identify you.
Our Use of Information That We Collect:
1. Personal Data:
Specific Reason: If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
Access and Use: If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to monitor your use of such Services or functionality. For instance, if you supply payment information (e.g., bank account or credit card information) to the Services for the purpose of purchasing tickets as a Buyer, we will use that information to facilitate such purchase or process such payments.
Internal Business Purposes: We may use your Personal Data for internal business purposes including without limitation to help us improve the content and functionality of the Services, to better understand our users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.
Marketing: We may use your Personal Data to contact you in the future for our marketing and advertising purposes, including without limitation to inform you about services or events we believe might be of interest to you.
2. Non-Personal Data:
Because Non-Personal Data cannot be used to personally identify you, we may use such information for any lawful purpose.
Our Disclosure of Information That We Collect:
1. Personal Data:
We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers.
Legal Requirements: We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of third parties, (iii) to prevent, investigate, or identify possible wrongdoing in connection with the Services, (iv) to act in urgent circumstances to protect the personal safety of users of the Services or the public, or (v) to protect against legal liability.
2. Non-Personal Data:
Because Non-Personal Data cannot be used to personally identify you, we may disclose, transfer or share Non-Personal Data for any lawful purpose.
You have a choice available when it comes to your Personal Data:
Limit the Personal Data You Provide: You can use the Services without providing any Personal Data or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to register for an event, your name and email address will be required.
Links to Other Web Sites:
Storage and Security:
We may store Personal Data itself or such information may be included in databases. We take what we believe to be reasonable steps to protect the Personal Data provided via the Services from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data via the Internet.
Other Terms and Conditions:
Retention and Deletion:
We may retain your Personal Data as long as you continue to use the Services. You may close your account by contacting us. However, we may retain Personal Data and Non-Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media and other information systems.
If you have a complaint about ReMark's privacy practices you should write to us at: ReMark, Roxboro House, West Park Rd, St Helens WA10 4LJ. We will take reasonable steps to work with you to attempt to resolve your complaint. The complaint resolution will be conducted in English.
13. WAIVER; Invalid Provisions.
The failure or delay of REMARK to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
Please report any violations of this TOS by email to email@example.com.