Terms of Service

INTRODUCTION

This Terms of Service ("Terms") governs the relationship between Ark Frontier Limited ("Ark Frontier", "we", "us", or "our") and any individual or entity that accesses or uses the Gopher application, website, APIs or related services (collectively, the "Platform or Gopher or Gopher Platform"). All users of the Platform, including trade fair organisers ("Organisers"), exhibitors ("Exhibitors"), and attendees or buyers ("Attendees"), are referred to in this Agreement as "Users", "you", or "your."

Gopher is a trade fair management and engagement application ("Service") designed to provide Organisers with a digital solution for managing physical trade fairs. Through the Platform, Organisers can create and administer trade fairs; Exhibitors can showcase their catalogues, manage appointments and interact with buyers; and Attendees can browse products, book meetings, and communicate with Exhibitors before, during, and, where applicable, after the fair.

These Gopher Terms of Service ("Terms") set out the conditions governing your access to and use of the Platform and describe the respective rights and obligations of Ark Frontier and all Users. By creating an account, accepting an invitation, accessing the Platform, or using any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms.

1. ELIGIBILITY

1.1. The Platform and its Services may be accessed by:

any natural person who has full legal capacity to enter into binding obligations under Nigerian law; and
any legal entity represented by a natural person who has the authority and legal capacity to act on behalf of, and to bind, that entity.

1.2. The Gopher Platform is designed exclusively for business use, including:

Trade fair organisers;
Exhibitors or vendors participating in a trade fair; and
Attendees or buyers engaging in commercial purchasing during the trade fair.

2. ACCOUNT CREATION AND ONBOARDING

2.1. To access the Gopher Platform, each User, whether an Organiser, Exhibitor, or Attendee, must hold an active account ("Account"). By creating an Account or otherwise accessing the Platform, you confirm that all information you provide is accurate, complete and not misleading. You must promptly update your Account information if it changes.

2.2. Ark Frontier may, at its discretion, verify the accuracy of any information provided during onboarding. We may refuse, suspend or revoke access to the Platform where information is inaccurate, incomplete, misleading or suspicious, or where required to protect the integrity of the Platform.

2.3. Users are responsible for all activity conducted through their Accounts and for maintaining the confidentiality of their login credentials. If you suspect that your Account has been accessed without authorisation, you must notify Ark Frontier immediately.

Organiser Account Creation

2.4. Organisers may create an Account through a secure, time-limited registration link issued by Ark Frontier. The link is single-use and must be activated within the validity period communicated at the time of issue.

2.5. Upon accessing the registration link, the Organiser will be prompted to provide certain information, including the organisation name, primary contact details and administrator credentials. The Organiser must ensure that all information supplied is accurate, complete and up to date.

2.6. Once registration is completed, the Organiser's Account will be activated, and the Organiser will be granted access to the Organiser Dashboard for the purpose of managing the trade fair and inviting Exhibitors and Attendees to the trade fair.

Exhibitor Onboarding

2.7. Exhibitors may only create an Account through a one-time invitation link issued by the Organiser. Each link is time-limited and must be activated within the prescribed period for access to be granted.

2.8. To complete registration, the Exhibitor must provide the required information, including company name, contact details, logo and administrator login credentials. The Exhibitor must ensure that all information supplied is accurate and not misleading.

2.9. The Exhibitor Account permits the Exhibitor to onboard up to four (4) additional team members. Each added user receives an individual invitation and must create their own login credentials.

2.10. Attempts to exceed the permitted number of Authorised Users will be declined. The Exhibitor is solely responsible for managing its Authorised Users and ensuring that each complies with these Terms.

2.11. As an Exhibitor, you may add Authorised Users to your Gopher Account through invitation links issued by you or your designated Account Administrator. Invitation links are time-limited and must be accepted within the specified period for access to be granted. You remain solely responsible for managing all Authorised Users associated with your Account and for ensuring that they comply with these Terms. Any action taken on the Platform by an Authorised User will be deemed to have been taken by you.

2.12. Where the Platform supports role-based access control, your Account Administrator may assign or adjust permissions to ensure that each Authorised User has appropriate access for their role.

2.13. Access to the Platform requires valid authentication credentials, which includes username and password or, where enabled, authentication via third-party identity providers. You are responsible for configuring and maintaining your authentication settings, including revoking access for any individual who should no longer have access to your Account. You must ensure that all Authorised Users keep their login credentials secure and confidential.

2.14. Authorised Users may review and update their profile information and passwords through the Platform. Users are required to maintain the confidentiality of their login credentials and adopt appropriate security practices. Ark Frontier may, at its discretion, require Users to reset their credentials where a security risk is identified.

Attendee Registration

2.15. Attendees may access the Platform only through a one-time invitation code issued by the Organiser. The code must be used within the validity window in order to register.

2.16. To complete registration, the Attendee must enter the invitation code, verify their identity using a one-time password, and create a personal login credential (including a PIN). The Attendee must ensure that all information provided is complete and accurate.

2.17. Upon successful registration, the Attendee will be granted access to the Buyer Dashboard.

3. LICENCE TO USE THE PLATFORM

3.1. Subject to your continued compliance with these Terms, and where applicable, the commercial agreement between Ark Frontier and the Organiser, Ark Frontier grants you a limited, non-exclusive, non-transferable and revocable licence to:

access and use the Gopher Platform for the purposes of creating, managing or participating in a trade fair, including onboarding Exhibitors and Attendees, browsing catalogues, booking appointments, and facilitating fair-related interactions;
permit your authorised Exhibitor users or team members (as applicable) to access and use the Platform strictly in accordance with these Terms and any limits communicated by the Organiser or Ark Frontier; and
view and use any content, features, tools or materials made available through the Platform solely for purposes related to your participation in the fair and your internal business needs.

3.2. The licence granted is personal to you and may not be assigned, shared, or otherwise made available to any third party unless expressly authorised in writing by Ark Frontier.

3.3. To the extent necessary for the operation of the Platform, you grant Ark Frontier and the relevant Organiser a worldwide, non-exclusive, royalty-free licence to use, host, store, reproduce, display and transmit any content you submit through the Service (such as messages, profile information and feedback) solely for the purposes of operating, maintaining and improving the Platform and the event experience. This licence does not transfer ownership of your content and does not allow Ark Frontier or the Organiser to sell your content to third parties.

4. ACCEPTABLE USE

4.1. You agree to use the Gopher Platform solely for lawful purposes and only in connection with your role as an Organiser, Exhibitor, or Attendee. You must comply with these Terms, our Privacy Notice, and all applicable laws and regulations. You may not use the Platform for any purpose other than participating in, managing, or engaging with a trade fair hosted through Gopher.

4.2. You must not, and must ensure that any team members or authorised users do not, engage in any conduct that:

involves any illegal, fraudulent, harmful, or deceptive activity;
infringes the rights, safety, intellectual property, or security of any person or organisation;
violates public order or any applicable law or regulation;
disrupts, suspends, slows down, damages or interferes with the performance, integrity or availability of the Platform;
attempts to hack, penetrate, or test Platform security or authentication mechanisms;
overloads Platform infrastructure or hijacks system resources;
uploads or distributes viruses, malware, corrupted data, harmful code, or engages in data scraping or unauthorised extraction;
uses bots, spiders, crawlers, scrapers or any automated tools to access or interact with the Platform;
circumvents onboarding processes, invitation links, OTP validation, booth assignment systems, booking limitations, or any other access-control mechanism;
accesses or attempts to access any account, exhibitor booth, event data, or system without proper authorisation;
impersonates any individual or organisation or misrepresents your identity or affiliation;
copies, reproduces, modifies, reverse engineers, decompiles, disassembles, translates, reconfigures, or creates derivative works from any part of the Platform;
extracts, republishes, sells, transfers, sublicenses, or otherwise monetises any Platform content, data, or access;
harasses, threatens, abuses or otherwise harms any Organiser, Exhibitor, Attendee, or Ark Frontier personnel;
uploads catalogues, pricing, descriptions, messages or any content that is unlawful, unsafe, misleading, offensive or prohibited;
aids, encourages, or facilitates any prohibited conduct by others; or
attempts any action inconsistent with the purpose or proper functioning of the Platform.

4.3. Ark Frontier may, at its sole discretion and without prior notice:

suspend, restrict, or permanently deactivate any User account;
remove unlawful, harmful or non-compliant content;
notify the Organiser of the relevant event;
report conduct to law enforcement or regulators; and
pursue any other remedies available at law.

4.4. Ark Frontier shall not be liable for any loss or damage arising from actions taken under clause 4.3.

5. DESCRIPTION OF THE SERVICE

5.1. Gopher provides a digital platform for in-person trade fairs. Depending on your role as Organiser, Exhibitor or Attendee, your access to the Platform may enable you to set up and manage an event, upload and showcase product catalogues, discover exhibitors, book and manage appointments, raise orders, track fulfilment, and view event-related reports and summaries. All insights and views on the Platform are generated from the information you and other users choose to upload or generate through your use of the Service.

5.2. As an Exhibitor, you can create a digital catalogue for your stand, either by adding products individually or by bulk-uploading your catalogue before the trade fair. Each product entry may include information such as product name, internal product reference, price, description, category, images, availability dates and other custom attributes. This allows Attendees to browse exhibitor catalogues ahead of and during the fair and to shortlist products they are interested in. You are solely responsible for ensuring that all product and pricing information you publish on the Platform is accurate, lawful, up to date and appropriate for display to Attendees.

5.3. As an Attendee, you can browse all participating exhibitors and their catalogues, search by product or category, and mark exhibitors or products as favourites so you can plan your stand visits and intended purchases more efficiently. A dedicated view allows you to see your favourited exhibitors and products in one place, helping you to prioritise your time on the event floor. Availability of any product and the outcome of any transaction remain entirely between you and the relevant Exhibitor.

5.4. The Platform enables Attendees to request and reserve one-to-one appointment slots with Exhibitors for the duration of the fair, subject to the rules and cut-off times defined by the Organiser. Attendees may book, amend or cancel available slots, and may, in some cases, join a waiting list where a slot is full. Exhibitors can view their confirmed meetings and any waiting list, so they know whom to expect at what time. Gopher only provides the scheduling tools; it does not participate in, supervise or guarantee any meeting, nor does it assume responsibility for cancellations, delays or the outcome of any discussions that take place.

5.5. Exhibitors can record order status updates and, where applicable, add shipping or courier information so that Attendees can view the progress of their orders in their dashboard. Attendees may see the current status of their orders and submit complaints or queries to Exhibitors if something goes wrong (for example, damage, delay or missing items). Any investigation, replacement, refund or other remedy arising from such complaints is the responsibility of the Exhibitor and/or Organiser, in line with their own policies and applicable law.

5.6. As an Organiser, you may use Gopher to manage your event participants and the overall fair. This can include inviting and onboarding Exhibitors and Attendees, assigning and managing booth numbers, monitoring which participants have registered or completed their profiles, and viewing event-level metrics such as registration counts, catalogue activity, appointment volumes, sales and order volumes, and other engagement indicators. Gopher provides these tools to support the administration and visibility of the event; any commercial terms between you and Exhibitors or Attendees are governed by your own agreements and policies.

5.7. By default, the Platform is designed to support the lifecycle of a specific trade fair, and access to the Platform would be restricted once the event ends. An Organiser may, at its discretion and subject to a separate commercial arrangement with Gopher, choose to keep the Platform available after the fair to enable continued viewing of catalogues, messaging and transactions between Attendees and Exhibitors. Where this option is enabled, any additional fees, including commissions on post-fair transactions, will be governed by a separate agreement between Gopher and the Organiser.

6. RIGHTS AND RESPONSIBILITIES OF ARK FRONTIER

6.1. Ark Frontier provides and administers the Gopher Platform as a digital tool to support the organisation and operation of trade fairs. We act as a technical facilitator only. We are not:

the Organiser of any trade fair hosted on the Platform;
a buyer or seller of any goods or services offered by Exhibitors; or
a party to any contract between Organisers, Exhibitors and Attendees.

6.2. All commercial, logistical and safety obligations in relation to a trade fair remain the responsibility of the relevant Organiser and Exhibitors.

6.3. Ark Frontier will use reasonable skill and care to operate and maintain the Platform. We may:

modify, update or discontinue any features of the Platform;
suspend or restrict access for maintenance, security or legal reasons; and
refuse, suspend or terminate Accounts where we reasonably believe there has been a breach of these Terms, unlawful activity, misuse of the Platform, or risk to the integrity of the Service.

6.4. Except for content we create ourselves, information displayed on the Platform (including event details, exhibitor catalogues, prices, offers, messages and order information) is provided by Organisers, Exhibitors or Attendees. Ark Frontier does not verify or endorse such content and is not responsible for its accuracy, completeness or legality.

6.5. We may, at our discretion, remove or disable access to any content that we reasonably consider to be unlawful, misleading, offensive, contrary to these Terms, or otherwise harmful to Ark Frontier, Organisers, Exhibitors, Attendees or third parties.

7. RIGHTS AND RESPONSIBILITIES OF ORGANISERS

7.1. As an Organiser, you are solely responsible for the trade fair you run through Gopher, including:

event design, format, schedule and on-site logistics;
exhibitor recruitment, booth allocation, and stand management rules;
attendee admission criteria, ticketing and registration policies;
safety, security and crowd management at the physical venue; and
any refunds, cancellations, compensation or other remedies owed to Exhibitors or Attendees under your own contracts, policies or applicable law.

7.2. We do not assume responsibility for any aspect of the physical event or any commercial arrangements you enter into with Exhibitors or Attendees.

7.3. You agree to use the Platform only for lawful purposes and solely in connection with organising, administering and analysing your trade fair(s). In particular, you agree to:

ensure that all event, exhibitor and attendee information you configure or upload is accurate, not misleading and kept up to date;
issue invitation links and codes only to intended Exhibitors and Attendees and manage those invitations responsibly;
configure booth assignments, appointment rules and any post-fair access settings in a way that is consistent with your own event terms and applicable laws; and
comply with all applicable laws and regulations, including those relating to consumer protection, advertising, product safety and data protection.

7.4. You are responsible for ensuring that the devices and connections used by you and your staff to access the Platform are secure, including hardware condition, internet connectivity, antivirus protection, and appropriate access controls within your organisation.

7.5. You are responsible for all activity carried out under your Organiser Account, including actions taken by your authorised staff. You must ensure that your users keep their login credentials secure and that access is revoked promptly for staff who leave your organisation or no longer require access.

7.6. You must not, and must ensure that your staff do not:

upload or distribute unlawful, defamatory, discriminatory, infringing, obscene or otherwise inappropriate content;
misuse attendee or exhibitor data obtained via the Platform contrary to your own privacy promises, our Privacy Policy or applicable data protection law;
interfere with, attempt to bypass or tamper with any security, access control or technical protection measures in the Platform; or
engage in any fraudulent, deceptive or abusive behaviour in connection with your use of the Platform.

7.7. You agree to pay Ark Frontier all fees and charges applicable to your use of Gopher in accordance with the separate commercial agreement between you and Ark Frontier.

7.8. You agree that Ark Frontier may identify you as a customer and use your name, logo and non-confidential event details in presentations, case studies and marketing materials, in accordance with good industry practice.

8. RIGHTS AND RESPONSIBILITIES OF EXHIBITORS

8.1. As an Exhibitor, you are solely responsible for your participation in the trade fair, including:

the products and services you choose to showcase or sell;
your pricing, discounts, payment terms and delivery conditions;
fulfilment, shipping, returns, warranty and after-sales support; and
compliance with all applicable laws and industry standards (for example, product safety, labelling, advertising and consumer protection laws).

8.2. Any contract for the sale of goods or services is formed directly between you and the relevant Attendee (or other buyer). Ark Frontier is not a party to such contracts and does not guarantee orders, payments or outcomes.

8.3. You are responsible for all information you add to your digital catalogue, including product names, descriptions, images, pricing, currency, availability dates, specifications and any custom attributes. You must ensure that:

all information is accurate, not misleading and kept up to date;
you have all necessary rights (including intellectual property rights and permissions) to use any images, logos or materials you upload; and
your catalogue does not include unlawful, unsafe, counterfeit or otherwise prohibited products.

8.4. You are responsible for:

managing orders raised through the Platform;
issuing and honouring invoices and receipts where required;
verifying any proof of payment provided by Attendees; and
ensuring that any shipments or deliveries are made in line with your own policies and applicable law.

8.5. We only provide technical tools to request invoices and generate receipts. Ark Frontier does not handle funds for these transactions and does not assume any liability for payment delays, failures, or disputes.

8.6. You must:

use the Platform only in connection with your participation in trade fairs and not for unrelated activities;
ensure that your stand description, booth details and public profile on the Platform fairly reflect your business;
treat Attendees, Organisers and other Exhibitors respectfully and professionally; and
ensure that any team members onboarded under your Exhibitor Account comply with these Terms at all times.

8.7. You are responsible for:

monitoring and managing appointment requests and wait-lists you receive through the Platform;
responding reasonably to Attendee queries and complaints raised via chat or other tools; and
resolving any disputes with Attendees in accordance with your own policies and applicable law.

8.8. You must not:

misuse attendee data obtained through the Platform (for example, by spamming, selling lists, or using data for unrelated campaigns without a lawful basis);
attempt to bypass the Organiser's rules on appointments, booth allocation or other event parameters; or
engage in any activity that damages, disables or interferes with the operation or security of the Platform.

8.9. Ark Frontier may suspend or terminate your access where we reasonably believe that you have breached these Terms, violated applicable law or created risk for other users or the Service.

9. RIGHTS AND RESPONSIBILITIES OF ATTENDEES

9.1. As an Attendee, you agree to use the Platform solely for purposes connected to the trade fair, such as:

browsing exhibitor catalogues and product information;
shortlisting products and exhibitors;
requesting and managing one-to-one appointments;
placing orders with Exhibitors and requesting invoices;
uploading proof of payment and receiving receipts; and
tracking orders and raising issues with Exhibitors.

9.2. You must act honestly, lawfully and respectfully in all your interactions, both on the Platform and at the physical event.

9.3. You are responsible for:

the devices and internet connection you use to access the Platform;
keeping your device secure and appropriately protected (for example, through PINs, passwords or biometric locks, antivirus software where appropriate); and
ensuring that your login PIN or password for the app is kept confidential.

9.4. Ark Frontier is not responsible for any loss or damage arising from your device configuration, connectivity problems, malware or your failure to secure your device.

9.5. You must not:

upload or share through the Platform any content that is unlawful, defamatory, discriminatory, harassing, obscene or otherwise inappropriate;
impersonate another person or misrepresent your affiliation;
use the Platform to send spam, abusive messages or misleading information; or
interfere with or attempt to disrupt the operation or security of the Platform.

9.6. Where the Platform allows you to submit reviews, comments, messages, complaints or other content, you remain responsible for that content. You must ensure that you have all necessary rights to share it and that it does not infringe any third-party rights (including intellectual property and privacy rights).

9.7. Any decision to place an order, make a payment or enter into a commercial relationship with an Exhibitor is yours alone. You are responsible for:

checking product details, pricing and terms with the Exhibitor;
reviewing invoices and receipts; and
deciding whether a particular exhibitor, product or commercial arrangement is suitable for you.

9.8. Ark Frontier does not endorse or guarantee any exhibitor, product or transaction and is not responsible for product quality, delivery, refunds or any other outcome of your dealings with Exhibitors or Organisers.

10. PAYMENT

10.1. Where the Organiser elects to use the Platform solely for the duration of the trade fair, the Organiser shall pay a flat Platform Fee, agreed separately in writing between the Organiser and Ark Frontier, prior to activation of the event on the Platform.

10.2. If the Organiser chooses to keep the Platform open after the physical fair has ended, the Organiser acknowledges and agrees that commissions or other usage-based fees will apply to post-fair transactions. Exhibitors shall pay such applicable commissions directly to Ark Frontier for transactions occurring after the fair, unless otherwise agreed in writing.

11. THIRD-PARTY SERVICES

11.1. The Gopher Platform may integrate with or rely on third-party services. These services are governed by their own terms, conditions and privacy notices. Organisers, Exhibitors and Attendees are responsible for reviewing and complying with those terms.

11.2. Third-party services operate independently from Ark Frontier. Accordingly, we do not control, endorse, or guarantee:

their availability, accuracy, reliability, security or performance;
the content or policies published by such third parties; or
any outcomes that may arise from the use of their services.

11.3. Your use of any such third-party services is entirely at your own risk. To the fullest extent permitted by law, Ark Frontier expressly disclaims all liability arising out of or relating to:

your access to or use of any third-party service;
any act, omission, error, outage, failure, inaccuracy or policy of a third-party provider; and
any loss, damage, dispute or claim resulting from your reliance on, interaction with, or transactions facilitated through a third-party service.

11.4. For clarity, Ark Frontier is not, and will not become, a party to any contractual or commercial arrangement between:

Organisers and Exhibitors;
Exhibitors and Attendees; or
any User and a third-party provider,

whether such arrangements originate through the Gopher Platform or elsewhere. All such dealings are solely between the relevant parties.

12. DISCLAIMER OF WARRANTIES

12.1. YOUR USE OF THE GOPHER PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ARK FRONTIER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PLATFORM, ITS PERFORMANCE OR ANY CONTENT MADE AVAILABLE THROUGH IT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARK FRONTIER EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, COMPLIANCE WITH LAW OR NON-INFRINGEMENT.

12.2. YOU ACKNOWLEDGE THAT THE PLATFORM IS A TECHNOLOGY TOOL DESIGNED TO FACILITATE THE DIGITAL ASPECTS OF TRADE FAIRS, INCLUDING EXHIBITOR ONBOARDING, CATALOGUE DISPLAY, APPOINTMENT BOOKING, CHAT FEATURES, ORDER PLACEMENT, INVOICE REQUESTS AND POST-PURCHASE COMMUNICATIONS. ARK FRONTIER IS NOT RESPONSIBLE FOR VERIFYING EVENT DETAILS, CATALOGUE CONTENT, PRODUCT DESCRIPTIONS, PRICING, AVAILABILITY INFORMATION, APPOINTMENT SCHEDULES, ORDER INFORMATION, PAYMENT CONFIRMATIONS OR ANY COMMUNICATIONS EXCHANGED BETWEEN ORGANISERS, EXHIBITORS AND ATTENDEES. ALL SUCH INFORMATION IS PROVIDED BY USERS, AND ARK FRONTIER DOES NOT REVIEW, MONITOR, VALIDATE OR ENDORSE IT.

12.3. ARK FRONTIER DOES NOT WARRANT THAT THE PLATFORM WILL FUNCTION WITHOUT INTERRUPTION, DELAY, TECHNICAL DEFECTS OR ERRORS, OR THAT IT WILL ALWAYS BE SECURE OR FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. NOR DO WE GUARANTEE THAT THE CONTENT, DATA, METRICS, CATALOGUES, MESSAGES OR MATERIALS DISPLAYED ON THE PLATFORM WILL BE COMPLETE, ACCURATE, UP TO DATE OR RELIABLE. WE DO NOT PROMISE THAT THE PLATFORM WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY PARTICULAR COMMERCIAL, OPERATIONAL OR NETWORKING OUTCOME.

12.4. BECAUSE THE PLATFORM OPERATES AS A FACILITATION TOOL AND NOT AS AN EVENT ORGANISER OR COMMERCIAL INTERMEDIARY, ARK FRONTIER HAS NO CONTROL OVER THE CONDUCT, REPRESENTATIONS, OFFERINGS, DECISIONS OR PERFORMANCE OF ORGANISERS, EXHIBITORS OR ATTENDEES. WE DO NOT GUARANTEE THE QUALITY, SAFETY, LEGALITY, AUTHENTICITY OR SUITABILITY OF ANY PRODUCT, SERVICE, EXHIBITOR, MEETING, OFFER OR TRANSACTION THAT MAY OCCUR IN CONNECTION WITH A TRADE FAIR. YOUR INTERACTIONS WITH OTHER USERS, WHETHER THROUGH CHAT, APPOINTMENTS, CATALOGUE BROWSING, ORDER PLACEMENT OR ANY SUBSEQUENT ENGAGEMENT, ARE UNDERTAKEN ENTIRELY AT YOUR OWN DISCRETION AND RESPONSIBILITY.

12.5. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT LEGALLY BE EXCLUDED, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR LIABILITY ARISING FROM FRAUD. EXCEPT FOR SUCH NON-EXCLUDABLE STATUTORY PROTECTIONS, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS NOT EXPRESSLY SET OUT IN THESE TERMS ARE EXCLUDED. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING IT.

13. LIMITATION OF LIABILITY

13.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARK FRONTIER WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE GOPHER PLATFORM. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY, DATA, OR REPUTATIONAL DAMAGE, AS WELL AS ANY INTERRUPTION TO YOUR OPERATIONS OR COSTS ASSOCIATED WITH OBTAINING SUBSTITUTE SERVICES. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL BASIS OF THE CLAIM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STATUTORY DUTY OR OTHERWISE.

13.2. YOU ACKNOWLEDGE THAT ARK FRONTIER DOES NOT ORGANISE TRADE FAIRS, DOES NOT PARTICIPATE IN COMMERCIAL DEALINGS BETWEEN ORGANISERS, EXHIBITORS AND ATTENDEES, AND DOES NOT VERIFY THE ACCURACY OR LEGALITY OF CATALOGUE INFORMATION, OFFERS, PRICING, ORDERS, APPOINTMENTS, MESSAGES OR ANY OTHER CONTENT ENTERED BY USERS. ALL DECISIONS RELATING TO EVENT MANAGEMENT, BOOTH ALLOCATION, PRICING, SALES, PAYMENTS, LOGISTICS, PRODUCT SUITABILITY AND DISPUTE RESOLUTION LIE SOLELY WITH THE ORGANISER, EXHIBITOR OR ATTENDEE, AS APPLICABLE. ARK FRONTIER IS THEREFORE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, DELAY, NON-PERFORMANCE OR DISPUTE ARISING FROM SUCH DECISIONS, NOR FOR THE ACTS, OMISSIONS, CONDUCT OR REPRESENTATIONS OF ANY USER.

13.3. YOU FURTHER ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR YOUR OWN COMMERCIAL AND OPERATIONAL CHOICES, INCLUDING ANY ORDERS PLACED, INVOICES ISSUED, PAYMENTS MADE, SHIPMENTS ARRANGED, COMPLAINTS RAISED OR APPOINTMENTS SCHEDULED THROUGH THE PLATFORM. ARK FRONTIER SHALL HAVE NO LIABILITY FOR ANY TRANSACTION, COMMUNICATION, MEETING OR ARRANGEMENT ENTERED INTO BETWEEN USERS, OR FOR ANY CONSEQUENCES ARISING FROM RELIANCE ON INFORMATION DISPLAYED WITHIN THE PLATFORM.

13.4. SUBJECT TO ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER NIGERIAN LAW, ARK FRONTIER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THESE TERMS SHALL NOT EXCEED FIFTY THOUSAND NAIRA (₦50,000).

13.5. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR LIABILITY ARISING FROM FRAUD.

14. INDEMNITY

You agree to indemnify, defend and hold harmless Ark Frontier, together with its officers, employees, agents, directors and affiliates, against any claim, loss, liability, damage, cost or expense, including reasonable legal fees, that arises from or is connected in any way with your use of the Gopher Platform or your inability to use it; your breach of these Terms or of any applicable law; any content, data or material you upload, submit or transmit through the Platform; any commercial, operational or transactional engagement you enter into with another user, including orders, appointments, communications, payments or deliveries; any misuse of attendee, exhibitor or organiser data obtained through the Platform; any infringement or alleged infringement of intellectual property, privacy or other third-party rights caused by your conduct; and any act or omission of a person who accesses the Platform using your Account. You acknowledge that you are solely responsible for your conduct and for the information submitted through your Account, and you accept that Ark Frontier bears no responsibility for disputes, decisions or commercial outcomes that arise from your interactions with Organisers, Exhibitors or Attendees. This indemnity applies to the fullest extent permitted by law.

15. INTELLECTUAL PROPERTY

15.1. All rights in the Gopher Platform, including its systems, software, architecture, interfaces, databases, code, design elements, templates, text, images, graphics, audio-visual materials, trademarks, logos and all other content made available through the Platform, are owned by Ark Frontier. These materials are protected by applicable copyright, trademark, database and other intellectual property laws. You may not dismantle, decompile, decode, extract, reuse, copy, reproduce, modify, publish, distribute, or otherwise use any part of the Platform or its content without Ark Frontier's prior written consent. Any unauthorised use may result in suspension of your access and could lead to legal action.

15.2. If you choose to submit feedback, suggestions or proposals for improving Gopher including ideas relating to features, workflows, usability, integrations or event configuration, you grant Ark Frontier a perpetual, irrevocable, worldwide, royalty-free and non-exclusive right to use, adapt, incorporate and exploit such feedback for any business purpose without obligation to you.

15.3. Where you upload, post or share catalog information, images, descriptions, messages, comments or any other material ("User Content") through the Platform, you grant Ark Frontier a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, distribute, adapt and process that content as necessary to operate, maintain, promote and improve the Platform, to support the relevant trade fair, and to provide services to the Organiser and other users. This licence continues for as long as the content remains on the Platform or is required for lawful or operational purposes.

15.4. You confirm that you have all necessary rights to upload and use any User Content you submit, and that such content does not infringe any third-party rights, including intellectual property, privacy or publicity rights.

16. DEACTIVATION AND SUSPENSION OF ACCOUNTS

16.1. Ark Frontier may suspend, restrict or deactivate your Account if we reasonably believe that you, or anyone acting under your Account, have breached these Terms, or where such action is necessary to protect the security, integrity or proper functioning of the Gopher Platform. This may occur, for example, where false or misleading information has been provided, where fraud, abusive conduct or unlawful activity is suspected, where the Platform is being misused or interfered with, or where access controls or event rules have been circumvented.

16.2. Where required under applicable law, we will notify you of the suspension or deactivation and may request further information to assess the issue. During any review, access to your Account may be limited or disabled entirely. Ark Frontier may reinstate access once the matter is resolved, but we are under no obligation to do so and reinstatement is entirely at our discretion.

16.3. If your Account is suspended or deactivated, you must not attempt to create, register or use another Account, whether in your own name, your organisation's name or through any third party. Any attempt to bypass a suspension may lead to permanent termination of your access to the Platform.

17. TERMINATION

17.1. You may close your Account at any time by notifying Ark Frontier through the channels specified on the Platform. Your request will take effect once processed, and access will end at the conclusion of the applicable event period or any agreed billing cycle.

17.2. We may terminate your Account and end your access to the Platform on at least thirty (30) days' notice for any reason. We may also terminate your Account immediately, without prior notice, if you materially breach these Terms; engage in fraudulent, deceptive or unlawful activity; compromise the security or integrity of the Platform; create legal, operational or reputational risk; or behave abusively or inappropriately toward Ark Frontier personnel, Organisers, Exhibitors or Attendees.

17.3. Upon termination, all rights and licences granted to you will end immediately, and your access to the Platform will be permanently disabled. Termination does not release you from obligations incurred before the termination date, and you remain responsible for any outstanding payments and for all activity carried out under your Account.

17.4. Ark Frontier may retain certain information after termination where required by law or where we have legitimate grounds to do so, such as for security, record-keeping, contractual or fraud-prevention purposes.

17.5. Any provisions of these Terms that are intended to survive termination, including those concerning intellectual property, confidentiality, fees, data protection, indemnification, limitation of liability and dispute resolution, will continue to apply notwithstanding the deactivation of your Account.

18. DATA PROTECTION

Each party shall, in relation to any personal data processed in connection with these Terms, process that personal data in accordance with the provisions of the Nigeria Data Protection Act, 2023, as may be revised from time to time and other applicable legislation.

19. CONFIDENTIALITY

19.1. For the purposes of these Terms, "Confidential Information" means any non-public information disclosed by either party ("Disclosing Party") to the other ("Receiving Party") in connection with the use or provision of the Platform. Confidential Information includes, but is not limited to, business information, financial data, technical information, product designs, system architecture, documentation, processes, customer lists, operational insights, pricing information, analytics, and any data or content entered into the Platform. Confidential Information does not include information that:

becomes publicly available without breach of these Terms;
is independently developed by the Receiving Party without reference to the Confidential Information; or
is lawfully obtained from a third party without restriction.

19.2. Ark Frontier acknowledges that user data is confidential. Ark Frontier will:

keep all user data strictly confidential and use it solely for the purpose of providing and improving the Platform;
implement appropriate technical and organisational measures to protect user data against unauthorised access, loss, misuse or disclosure;
not disclose user data to any third party except where necessary to provide the Platform, where required by law, or with your explicit authorisation.

19.3. You agree that all non-public information relating to Ark Frontier, including information concerning the functionality, design, performance, architecture, pricing, security, documentation and business operations of the Platform, constitutes the confidential information of Ark Frontier. You will:

use Ark Frontier's Confidential Information solely as necessary to access and use the Platform in accordance with these Terms;
not disclose such information to any third party without Ark Frontier's prior written consent;
protect such information using at least the same level of care you apply to your own confidential information; and
promptly delete or return Ark Frontier's Confidential Information upon termination of your Account or upon request.

20. MODIFICATIONS

20.1. We may, from time to time and for legitimate business, legal or operational reasons, revise, update or modify these Terms or any other policy or supplemental terms that govern your use of the Platform. Where such changes are made, we will publish the updated version on the Platform with a new effective date, and, where required by law, may also notify you by email or through other reasonable means.

20.2. Your continued use of the Platform after the updated terms become effective will constitute your acceptance of the revised Terms. If any change is material and you do not agree to the revised terms, you must discontinue your use of the Platform and close your account. The previous version of the Terms will continue to apply only to services already commenced before the effective date of the new Terms; however, you will not be able to continue using the Platform unless you accept the updated version.

20.3. We also reserve the right to modify, improve, update, suspend or discontinue any part of the Platform at any time, whether temporarily or permanently, and may impose limits or restrictions on certain features or functionality. While we will endeavour to provide advance notice where reasonably possible, the Platform may change without prior notification.

20.4. We encourage all Users to review the Terms periodically so that they remain informed of their rights and responsibilities when using the Platform.

21. RELATIONSHIP OF THE PARTIES

21.1. Nothing in these Terms is intended to, or shall be construed to, create a partnership, joint venture, agency, employment relationship or fiduciary relationship between you and Ark Frontier.

21.2. Each party acts as an independent entity and is solely responsible for its own operations, decisions, staff, taxes, regulatory obligations and compliance responsibilities. Nothing in these Terms authorises either party to bind the other, make commitments on the other's behalf, or represent that it has such authority unless expressly stated otherwise in writing.

21.3. Your use of the Platform does not create any relationship between Ark Frontier and your staff, suppliers, customers, contractors or other third parties. You remain exclusively responsible for managing your internal operations and business activities.

22. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Ark Frontier regarding your use of the Platform. It supersedes all prior or contemporaneous understandings, communications or agreements, whether written or oral. Each part of these Terms is intended to be interpreted so as to be valid, enforceable and consistent with applicable law.

23. SEVERABILITY

If any provision of these Terms is found by a court or competent authority to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permitted by law. If it cannot be enforced, it shall be deemed severed from the Agreement, and the remainder of the Agreement shall continue in full force and effect without being impaired or invalidated.

24. NO WAIVER

No failure, delay or omission by us in exercising any right or remedy under these Terms shall be deemed a waiver of that right or remedy. Any waiver will be effective only if issued in writing and signed by us. A single or partial exercise of any right does not prevent any further exercise of that right or of any other right.

25. ASSIGNMENT

You shall not assign, transfer or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations at any time. Upon such assignment, we will be released from further obligations arising after the effective date of the assignment, and the assignee will assume our obligations under this Agreement.

26. THIRD-PARTY RIGHTS

Unless expressly stated otherwise in these Terms or required by applicable law, these Terms are intended solely for the benefit of you and Ark Frontier. It does not create any rights for, or allow enforcement by, any third party.

27. GOVERNING LAW AND DISPUTE RESOLUTION

27.1. This Agreement and any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in all respects in accordance with the laws of the Federal Republic of Nigeria.

27.2. Any dispute, controversy or claim arising out of or in connection with or in relation to this Agreement, including any dispute as to the construction, validity, interpretation, enforceability, or breach of this Agreement, shall be resolved by the parties amicably. If the parties are unable to resolve such dispute within 15 days (or such further period as the parties shall agree in writing), the dispute shall be settled finally by arbitration in accordance with the Arbitration and Mediation Act, 2023 (or any amendment thereto or replacement thereof) and the Arbitration Rules connected thereto.

27.3. The arbitration shall be presided by a sole arbitrator appointed by the President of the Chartered Institute of Arbitrators UK, Nigeria Branch.

27.4. The place of the arbitration shall be Lagos, Nigeria; and the arbitration shall be governed by the laws of the Federal Republic of Nigeria. The language of the arbitration shall be English Language.