FESTIVAL PLACE - TERMS OF WEBSITE USE
The website http://www.festivalplace.co.uk/ (“the site”) is a shopping centre website providing you with information regarding a wide range of services available at Festival Place Shopping Centre (“Festival Place”).
The following sets out the terms on which a visitor (referred to as “you” or “your”) may access and use the site whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. If you do not agree to these terms of use, you should exit the site immediately. By accessing and/or using the site, you will be deemed to have accepted these terms and conditions. We reserve the right to change these terms of use by posting any changes on the site. The new terms will be effective immediately they are posted.
1. OWNERSHIP OF THE SITE
The site is owned and operated by Grosvenor Basingstoke Management Limited (“GBML”) (acting in its capacity as general partner of Grosvenor Festival Place Fund (“GFPL”)).
GFPL is a limited partnership established and registered in England and Wales with number LP009497, the registered office of which is at 70 Grosvenor Street, London, W1K 3JP. GBML is a limited company incorporated and registered in England and Wales with number 03580616, the registered office of which is at 70 Grosvenor Street, London, W1K 3JP.
GBML and GFPL and each of its or their directly and indirectly related entities acting jointly and/or severally shall be referred to together as “Grosvenor”, “us”, “our” or “we” in these terms.
2. ACCESSING THE SITE
We do not guarantee or represent that access to the site will be uninterrupted. While we take reasonable care to ensure that the content of the site is accurate, the content may be out of date at any given time. We give no guarantee or representation as to the completeness or accuracy of any content on the site, and we are under no obligation to update such content.
We may at our sole discretion at any time without notice make improvements or changes in the content of the site, suspend or terminate the access rights of any person using or accessing the site or suspend or terminate the site in its entirety.
3. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and accept that all intellectual property rights in the site and any related pages, including but not limited to rights in the design, content, software, code, graphics or other material on the site (the “Material”) contained either in the sponsor advertisements or electronically distributed on this website, belongs to and is controlled by us or the sponsors or both and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unauthorised use of any copyrighted materials, trademarks or any other intellectual property without our express written consent is strictly prohibited. Re-use of any of the foregoing is strictly prohibited and we reserve all rights in connection therewith.
We grant you a limited license to access the Material from a single personal computer and to print a hard copy of such items of the Material solely for your personal, non-commercial use provided that you leave all copyright, trade mark and other proprietary notices intact and that you agree not to copy, download, store in any medium, display, adapt, modify, manipulate, translate, distribute, transmit or re-transmit, transfer, sell, re-publish any Material (including any software used in the creation of this website) or to create any derivative works based on any Material for any other purpose whatsoever.
If you have any concerns about the content of this site, please send an e-mail with details of your concern to info@festivalplace.co.uk or contact us at:
Centre Management Suite
1st Floor Paddington House
Festival Place
Basingstoke RG21 7LJ
4. OUR LIABILITY
Save in respect of liability for death or personal injury arising out of our negligence or that of our employees or for fraud, Grosvenor disclaims all or any of the following to the maximum extent permitted by law:
• express and implied warranties, conditions, guarantees, representations or other terms with regard to the information, services, and Materials contained or available on the site or any website to which it is linked or to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness of the site or its content or that the site or the content will be provided uninterrupted, error free or free from viruses, Trojan horses or other harmful material;
• express and implied warranties, conditions, guarantees, representations or other terms with regard to the truthfulness, accuracy or reliability of any of the communications posted by other users or endorse any opinions expressed by users and we are under no obligation to verify such content; and
• any liability for loss or damages arising out of or in connection with the use of or reliance placed on this website, any of its contents or any other website to which this website has links including, but not limited to, any liability for direct, indirect or consequential loss or damage, loss of data, income, profit or opportunity, loss of or damage to property and any claims of third parties even if we have been advised of the possibility of such loss or damage or if such loss or damage were reasonably foreseeable, incurred by any person in connection with our site or in connection with the use, inability to use or results of the use of our site any websites linked to it and any materials posted on it, including loss of income or revenue, business, profits or contracts, anticipated savings, data or goodwill and wasted management or office time and whether caused by tort (including negligence), breach of contract or otherwise.
Any reliance by you on material posted by other users will be at your own risk. For your own safety you should take regular back-up copies of data and use the latest virus checking software, and we cannot accept any liability arising from your failure to do so. You are responsible for the connection between your personal computer and the website.
5. THIRD PARTY WEBSITES
This website contains links to other independent websites which are maintained by third parties and are not under our control.
We are not responsible for the contents of any third party websites and shall not be liable for any loss, damage or injury in whatever manner, howsoever caused, arising from the contents of such websites.
Any links to other websites are provided for your convenience only as a user of this website,
and do not imply our endorsement of such linked websites or association with their operators.
Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and enter such linked websites and to read the privacy statements of such sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We will not accept any responsibility for loss, damage or injury in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Any third party that wishes to establish links to this website should notify us of their intention prior to doing so. We reserve the right to deny permission for any such links to this website. If you create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
6. USE OF THIS WEBSITE AND USER MATERIAL
You will not use the website in such a way as to corrupt data, insert or knowingly or recklessly transmit or distribute a virus or other form of message which may affect the performance or functionality of a computer system or hack into any computer system via the website.
You acknowledge that you can be held liable and / or legally accountable for what you say or do online. Before you rely on information found on this website, you must verify this information with the appropriate sources.
You are prohibited from posting or transmitting to or from this website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/ or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the website (including, without limitation, by hacking).
You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attach or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
We will full co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these terms.
7. DATA WE COLLECT ABOUT YOU
We are registered under the Data Protection Act 1998 (“the DPA”) and any personal data collected when you use this website will be dealt with in accordance with the DPA. We are committed to protecting your privacy. Only authorised employees within the company are permitted to use any information collected from you. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We operate an ‘opt in’ policy for customers wishing to receive information on forthcoming events and store offers.
If you have opted in to receive information from us or any of our directly or indirectly related entities we may use your personal information to notify you about important changes to the site, new services we will be providing, events, articles or other information we think will be of interest to you.
If you complete our contact form, Festival Rewards registration form or simply send us an email we will use your personal information to provide the information you have requested or provide other information that we believe will be of interest to you.
If you have asked us to contact you with advice or information, we will use your personal information to contact you in the manner (if any) specified on the contact form, registration form or communication from you.
We may also use the personal information for marketing purposes and market research. This will help us improve our services and the content of the site. However, we will not share your personal details with any third party or use your personal information for unsolicited mail from third parties.
If you do not want to receive information from us as described above, if you wish us to delete or amend personal information you have submitted through the site or should you have any questions about our registration under the DPA, the information we hold on you and how this might be used please send an e-mail to info@festivalplace.co.uk or contact us at:
Centre Management Suite
1st Floor Paddington House
Festival Place
Basingstoke RG21 7LJ
Other than personally identifiable information, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
8. DATA WE COLLECT ABOUT YOUR VISITS TO THE SITE
We use temporary cookies on our website. Many websites use cookies whenever a user visits their website in order to track online traffic flows. A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer browser from a website's computer and is temporarily stored on your device's hard drive. Information supplied by cookies can help us to analyse the profile of our visitors and help us to provide you with a better user experience.
Users have the opportunity to set their devices to accept all cookies, to notify them when a cookie is issued, or to not receive cookies at any time.
The last of these means that certain personalised features cannot then be provided to that user and accordingly they may not be able to take full advantage of all of the website's features.
Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.
9. OUR COMPETITIONS
Details of each competition prize on offer and how to enter are published as part of the competition description. The following terms and conditions apply to all of our competitions. To enter any of our competitions you must be a UK resident and 18 years old or over at the time of entry. A child shall only be entitled to enter a competition if such child is supervised by a parent or guardian over the age of 18 years old and both child and parent or guardian are UK resident at the time of entry. Some competition prizes may not suitable for people under 18 and this will be clearly stated as part of the competition description. All our competitions are run by Festival Place. None of our competitions are open to employees (or members of their immediate families) of Grosvenor or anyone directly associated with setting up our competitions. No purchase is necessary to enter any of our competitions. You do need to be a member of our Festival Rewards scheme to enter our competitions. This is a free to enter scheme. We will only accept one entry per person. The winner will be the first correct entrant who is drawn randomly from all correct entries. We reserve the right to amend a competition end date at any time. The prize must be collected from Festival Place within three months of the closing date of the competition. If you win a competition, we may notify you by e-mail or telephone at our sole discretion. Failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. The judges’ decision will be final, and no correspondence will be entered into. In the event that you are a winner we may require you to take part in promotional activity and a statement may be published on this website at our sole discretion.
You can find out who has won a particular competition by sending a stamped addressed envelope, marked with the name of the competition to Marketing Team, Festival Place Centre Management Suite, 1st Floor Paddington House, Basingstoke, Hampshire RG21 7LJ after the closing date. Competition prizes are not transferable to another person. No part of a prize is exchangeable for cash or any other prize. If the advertised prize is not available, we reserve the right to offer an alternative prize of equal or greater value. We reserve the right to amend these rules at any time. If we do this we will publish the amended competition rules and/or specific competition rules on the relevant competition page.
10. FESTIVAL REWARDS SCHEME
Festival Rewards is a loyalty scheme for customers of Festival Place. Festival Rewards provides exclusive offers from retailers. The offers are made by individual retailers and restaurants within Festival Place and the terms and conditions for each offer will be clearly displayed on the voucher. Grosvenor and the Festival Place Management Team accept no responsibility for the delivery of the offers made by individual retailers or restaurants. Festival Rewards provides invitations to events at Festival Place. Such event invitations are limited and subject to availability. No cash alternative will be offered. Festival Rewards provides members with points for doing specific activities such as logging on to this website, downloading offers and submitting reviews and ratings. Your points total is shown when you log in. Points have no monetary value. Festival Rewards points of specified denominations including 50, 100 and 150 could result in you being rewarded with a gift. Gifts are subject to availability. Members will be notified by email when they have been rewarded. Gifts must either be collected from the Customer Information Desk or shall be sent to the recipient via post. Grosvenor accepts no liability for loss and subsequent replacement of gifts.
11. SEVERANCE
If any term is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms which shall remain in full force and effect.
12. GOVERNING LAW
The terms and conditions contained herein shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.
