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Terms and conditions
STRETFORD MALL SHOPPING CENTRE WEBSITE USER TERMS AND PRIVACY POLICY
· Your Agreement to the Stretford Mall User Terms.
· What do we ask of You by your registration on the Website?
· How We look after your personal data
· What do you agree to do when using the Website?
· What do you agree about the content of the Website?
· How can We terminate your use of the Website?
· What happens when We link to other websites?
· Our proprietary rights and how You may use them
· OUR DISCLAIMERS AND LIMITATION OF OUR LIABILITY
· How do We communicate with You?
1. Your Agreement to the Stretford Mall User Terms.
The
Stretford Mall website (“the Website”) and any services provided to You
(“Services”) from the Website, are owned and operated by The Stretford Mall Ltd
(referred to in these User Terms as “Stretford Mall, We, Us, Our” and applicable
to the context in which the term is used). The Website and Services are made
available or provided to You under these User Terms and any operating rules or
policies that may be published by Us. We may update these User Terms from time
to time without notice to You. The most current version of User Terms will be
those that You can review at any time on the Website. We may also post
guidelines or rules applicable to any Services we may offer on the Website from
time to time, which will form part of these User Terms.
These User Terms comprise the entire agreement between You and Us governing your use of the Website and any Services, unless stated to the contrary, in relation to any specific service or transaction We offer on the Website and supersede all prior agreements between You and Us regarding the subject matter contained in these User Terms.
Please note that We may also offer You the ability to access other services from time to time, from websites that are governed by different terms of services. These User Terms do not apply to such other websites and the goods and services they offer.
2. The Services on our Website
We aim to provide You with
access to a range of online services and resources including access to services
provided by Our third party partners that We believe will be of interest to You.
Unless We state otherwise, new or additional services We add to the Website will
be subject to these User Terms.
You understand and agree that your access to the internet and the world wide web, in order to use the Website and the Services, is at your risk and expense. You understand and agree that the Services are provided “as is” and that Stretford Mall assumes no responsibility for transmission, deletion, non-delivery or failure to store any communications transmitted by You or any personalisation settings.
You remain at all times responsible for providing any equipment necessary to establish your connection to the worldwide web and the internet and any costs associated with such access.
You agree that any use by You of the Website, the Services and (if applicable) any purchase by You of any items from Us, will be governed and construed under English Law and You agree to submit to the non-exclusive jurisdiction of the English Courts.
3. What do we ask of You by your registration on the Website?
In consideration for the Services provided to You, where You may be offered
the opportunity to register yourself as a user of the Website, You agree to: (i)
provide certain current, complete and accurate information about You as required
by the applicable registration form and (ii) to maintain and update this
information as required to keep it current, complete and accurate. We refer to
this information as your “Data”.
It is your responsibility to provide your Data as specified. Where applicable to You and where We reasonably believe that You have failed to do so, We may remove You and your registration and terminate your use of the Website and Services and refuse any and all current or future use of the Services or any part thereof.
We reserve the right to modify or discontinue the Services with or without notice to You. We shall not be liable to You or any third party should we exercise our right to modify or discontinue the Services.
4. How We look after your Data
We use and look after your
Data and other information about You in accordance with the terms of the
Stretford Mall Privacy Policy. You will find our Privacy Policy here.
In respect of business Services (or where specified in respect of any registration process), when You register on the Website You will create a log-on ID and password which will designate your identity when using the Website. You are responsible for maintaining the confidentiality and security of your password and log-in ID and are fully responsible for all activities that occur under your password and log-in ID. You agree to immediately notify Us of any unauthorised use of your password or log-in ID or any other breach of security and to ensure that You log-out of the Website (and any relevant Services) at the end of each session of use if guided to do so by the Website. We will not be liable under any circumstances for any loss or damage arising from your failure to comply with this section 4. You agree further not to reproduce, copy, sell, resell or exploit for any commercial purposes any part of, use of or access to the Services or the Website.
5. What do you agree to do when using the Website?
To the
extent that we provide chat or other ‘bulletin-board’ type Services the
following applies to your use of those Services:
You agree that when using the Website and Services You remain solely responsible for the contents of anything you transmit through the Services. ]
You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials “Content”), whether privately transmitted or publicly posted are the sole responsibility of the originator of that Content. Therefore You agree that You and not the Stretford Mall, are entirely responsible for Content that You post, email or otherwise transmit to or via the Services.
You agree not to transmit through the Services any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You agree further not to transmit any material that encourages conduct that could constitute a criminal offence or give rise to civil liability or otherwise breach any applicable law or regulation. You are not permitted to gain any unauthorised access to other computer systems.
You further understand and agree that by using the Services, You may be exposed to offensive, indecent or objectionable content. Under no circumstances are We liable for any content, including, but not limited to, any errors or omissions in any content, or for any loss of damage of any kind incurred as a result of your use or any use of any content posted, emailed or otherwise transmitted by the Services.
You agree that your conduct is subject to internet regulations, policies and procedures and that You will not transmit in any form any unsolicited or unauthorised materials of any kind and in whatever form, except where specifically authorised by Us.
You shall not interfere with any other user of the Services and their use and enjoyment of the Services or of similar services.
You agree to indemnify Us and Our subsidiaries, affiliates, officers and employees for loss and damage resulting from any claim or demand (including reasonable legal costs and expenses), made by any third party arising out of or as a result of your use of the Services, your breach of these User Terms, or the infringement by You, or any other user of the Services using your computer, password, or log-in ID, of any intellectual property or other right of any person or entity.
6. What do you agree about the content of the Website?
You
acknowledge and agree that the Website and Services contain content relevant to
You but that it is your obligation to assess such content including your
reliance on the accuracy, completeness or usefulness of such content. You agree
and acknowledge that content is provided for information purposes only, may be
publicly accessible and that You rely on any such content, in all parts of the
Services, at your sole and entire risk.
You acknowledge and agree that We may save and store content as We see fit, and may also disclose content if required to do so under any applicable laws. Where You have chosen to post content of any kind to a publicly accessible area of the Services any such items are licensed by You to Us on a world-wide, royalty free and non-exclusive basis to reproduce, modify, adapt and publish such items on the Services for all purposes in connection with which such item was submitted by You to the Services. This licence granted by You shall only terminate when You notify us that you wish to delete such item(s) from the Services.
7. How can We terminate your use of the Website?
We may at Our sole discretion terminate your use of the Website, Services and your password user ID (or any other registration related details) and remove any content within the Services if We consider that You are in breach of these User Terms.
We shall not be liable to You or to any third party for such termination and You agree that We may effect such termination without prior notice to You. When We terminate Your use of the Website and Services, your right to use the Services and related software shall cease immediately and We may immediately remove your registration details and all related information and files from Our database.
Where You object to any of these User Terms as they may be modified, or become dissatisfied with the Services in any way, your only remedy is to immediately discontinue your use of the Services and to notify our Web-manager of your wish to terminate your Services registration, by clicking here.
8. What happens when We link to other websites?
We may provide, or third parties may provide links to other websites or resources. We aim to bring to You services that will be of interest and relevance to You. Although we believe such websites and resources will be of interest to You, We have no control over such sites and resources. You acknowledge and agree that We are not responsible for the availability of such external third party websites or resources and that We do not specifically endorse or bear any responsibility or liability for any specific product, content, advertising or other items on or made available by such websites or resources. You further acknowledge and agree that We are not liable, directly or indirectly, for any loss or damage caused by or in connection with use of or reliance on any such products, services, content or other materials available on or through any such website or resource.
9. Our proprietary rights and how You may use them
The Website, Services and any software used on or in connection with the Website and Services (“Software”) and the selection and arrangement thereof contain design, text, graphics, photographs, and other items which are proprietary to Us or to third parties and protected by applicable intellectual property and other laws. You agree that all such information and content presented to You by and through the Website and Services (or by advertisers) are the copyright of Stretford Mall (or any affiliate of Stretford Mall, or any content and technology provider to any of the aforesaid). Except as expressly agreed and authorised by Us or Our advertisers, You agree not to modify or deal with in any way any such information or Software in whole or in part, anywhere in the world.
We grant you permission to electronically copy on your computer the Software for the purpose of using the Website under these User Terms. You may print out pages from the Website in hard copy for the sole purposes of using the Website as resource for You. You are not permitted to use the Website and its contents for any other purpose or to modify, distribute, or republish it in any way. You agree not to access the Services by any means other than through the interface provided to You by Stretford Mall for your use in accessing the Services.
10. OUR DISCLAIMERS AND LIMITATION OF OUR LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK AND LIABILITY AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES OF ANY KIND UNLESS EXPRESSLY SET OUT IN THESE USER TERMS ARE EXPRESSLY EXCLUDED AND DISCLAIMED, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. NOR DO WE WARRANT IN ANY WAY THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF THE INFORMATION OBTAINED THROUGH THE WEBSITE OR ANY SERVICES MADE AVAILABLE TO YOU, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
THE PROVISIONS IN THIS SECTION DO NOT AFFECT ANY TERMS AND CONDITIONS OF SALE THAT MAY APPLY WHEN YOU SHOP FROM ANY SPECIFIC PART OF THE WEBSITE OR FROM ANY THIRD PARTY’S DOMAIN.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, DATA OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THIS INCLUDES, WITHOUT LIMITATION, ANY SCREEN SAVER WE MAY MAKE AVAILABLE TO YOU AS PART OF THE SERVICES.
SAVE AS EXPRESSLY SET OUT IN ANY APPLICABLE TERMS AND CONDITIONS OF SALE THAT APPLY TO ANY SHOPPING CARRIED OUT BY YOU, STRETFORD MALL DOES NOT WARRANT IN ANY WAY ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM STRETFORD MALL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE USER TERMS.
EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE AND TO THE FULLEST EXTENT PERMITTED AT LAW, WE SHALL UNDER NO CIRCUMSTANCES BY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM USE OR INABILITY TO USE THE WEBSITE OR SERVICES, OR FOR THE COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR DATA STORED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER ITEMS OR MATERIALS AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU BECAUSE THEY ARE NOT PERMITTED IN CERTAIN JURISDICTIONS
11. How do We communicate with You?
All notices either to You from Us or from Us to You may be made either by email or by post and shall be in writing and shall be sent to the address of the recipient. This address shall be either your address as registered with Us or if the notice is to Us, at the contact details on the Website. All notices shall be in writing and where delivered by email shall be deemed to be served immediately, and if delivered by post shall be deemed served on the second working day after posting if served by first class post within the United Kingdom. The Services may also communicate to You notice of changes to the User Terms or other matters by displaying notices or links to notices to You generally on the Stretford Mall website.
If any of these User Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these User Terms and the remainder of the provision in question shall not be affected. No waiver by the Stretford Mall of any breach of these User Terms by You shall be considered as a waiver of any subsequent breach of the same or any other breach of the User Terms.
This section titles in these User Terms are for convenience only and have no legal or contractual effect.
12. Our Trademarks and Copyright
Logos and trade names used on the Website are trade mark(s) (whether registered or unregistered) of Stretford Mall and its affiliates. You agree not to display or use the said trade mark(s) in any manner without Stretford Mall’s prior permission. Other product and company names mentioned on the Website may be the trademarks or registered trademarks of their respective owners.
THE STRETFORD MALL SHOPPING CENTRE PRIVACY POLICY
The Stretford Mall website (“the Website”) is owned and operated by The Stretford Mall Ltd (referred to in these User Terms as “Stretford Mall, We, Us, Our” and applicable to the context in which the term is used).
Stretford Mall recognises the importance of protecting the personal information and the privacy of data provided by You and that may personally identify You which we collect in connection with Your use of the Website and the services offered on the Website (“Services”) referred to in this policy as (“Personal Data”).
· Why we ask you for your Personal Data
· What data we ask you to provide and when
· How to contact us for further information
· How we use your Personal Data
· How we use your email and IP address
· How can you change, correct or update your Personal Data
· How to be taken off Our database and mailing list
Why we ask you for your Personal Data
We ask You for the data to allow Us to work on Your behalf to develop the Website for You by making available services, offers and promotions which are relevant to You and which We believe You will enjoy.
We ask that You provide us in return with some information about You to enable Us to meet this objective. We may ask You for more such information from time to time and will store this information with information we already keep about You. You may change, update or remove it at any time in accordance with this Privacy Policy.
We have adopted this Privacy Policy to demonstrate to You Our commitment to safeguarding your privacy, and so that You confirm Your satisfaction with Our information practices as part of your agreement to the User Terms for the Website and the Services.
What data We ask you to provide and when?
Stretford Mall will always notify You as to the types of Personal Data and any other information We are collecting about You as well as the uses that Stretford Mall intends to make of such information. When You complete our registration process We will collect your full name, address and email address. You may also provide us with your credit card details and address when participating online. We may collect data which tracks how You use the Website and Services.
Your questions regarding our Privacy Policy should be directed to the Stretford Mall Website manager who will be pleased to assist You with any questions or problems You might have: please contact our web-manager here. To return to the Stretford Mall home page please click here.
We will only use your Personal Data to improve Your use of Services, the quality and relevance of any communications We send to You and the Website itself including by Our notifying You of offers and items of interest made available by third parties.
Except as we state in the Privacy Policy, We do not sell, rent or provide third parties with any of the information comprised within your Personal Data that enables You to be personally identified.
Any credit card details You may provide to Us are only used for completing your transactions made on the Stretford Mall Website. We will only supply information relating to your identification such as your full name and address for delivery purposes to those parties as are required for completion of your transactions.
Stretford Mall does however, collect certain non-personally identifiable information about You, such as the number and types of transactions that You make using the Website and Services. Such information is usually aggregated with that collected in respect of all users of the Website and Services in the form of general demographic or geographic statistical information about the numbers and types of products and services that all users of the Website and Services make. These statistics may be collected in respect of specific partners which We think should participate in Our Website and should be made available to You. Only such non-personally identifiable information is ever made available by Stretford Mall to third parties and never your Personal Data that identifies You such as your name, address, financial details or email address.
How we use your email and IP address
Stretford Mall uses your email address primarily to contact You in the way We have described and for the administration of the Website. If however You wish not to receive emails that We send for information or marketing purposes please notify Us by email.
We may use the IP address log to determine where users of the Website are located and where problems such as accessing the Website may have originated.
Any statistical information is aggregated on an anonymous basis about all users of Our Website. This statistical information may be used by Stretford Mall to help Us develop enhanced services as part of the Website and Services for Our users and to determine which elements of our Website are being used most effectively. This data will only be used by Stretford Mall to offer categories of users relevant products or services We develop specifically for them and which we believe You will wish to take advantage of.
The information provided by You in relation to your log-in and user identity is, subject to the statements made above, unique to You and viewable only by Us and by You.
From time to time We may confirm your email address by sending an email to the email address which You have registered. We may also from time to time as required send registered users an email message containing information about updates to the Website, the Services, or in accordance with the Stretford Mall User Terms. Additionally, We may contact You via your email address in the event that We need to inform You of any issues or problems with the Website, the Services or any specific transaction carried out by You.
We believe that the pledges in this Privacy Policy should always apply to You. However some of the Services We may offer from time to time may mean that You leave the Website, and where You enter another website it may not be possible to apply our Privacy Policy. Usually the partner website will have its own privacy policy and We will endeavour to establish that this policy meets Stretford Mall standards. If you leave the Website We will endeavour to tell You that You are doing so. You may wish to consider further your privacy and to contact the other website owner directly.
While You are using the Website or the Services We will make it clear to You which website’s privacy policy and terms and conditions apply and who You need to contact.
We may use an advertising company to display banner advertisements on Our Website. These advertisements may contain cookies. While We may use cookies on other parts of Our Website, We do not have access to the information stored on cookies received with banner advertisements.
How can you change, correct or update your Personal Data
We aim to keep the information We keep about You up to date and We will change any of the basic information We keep about You at any time when you notify Us by email of the changes at Stretford Mall. You may notify Our web-manager here.
How to be taken off Our database and mailing list
If You wish to cease your use of the Website (and/or any applicable membership) You may notify Us by email to Our web-manager here. We will withdraw the information held by Us about You from the Stretford Mall database.
In any case where We have the right to terminate your use of the Website (and/or any applicable membership), We will confirm by email to You that Your use of the Website (and/or Stretford Mall membership) has been closed and that your Personal Data has been deleted from the Stretford Mall database. Stretford Mall will keep transactional records for evidential purposes.
Stretford Mall recommends that You review this Privacy Statement periodically as Stretford Mall may update it from time to time with the aim of ensuring that You are fully informed of Our use of your Personal Data.
Copyright © 2003 Stretford Mall. All rights reserved.