This App (the “App”) is operated by Value Retail PLC (registered number 2782532) whose registered office is at 19 Berkeley Street, London, W1J 8ED, United Kingdom (“us” or “we”). Our VAT number is 645460240.
We provide the App, and your access to and use of the App, is subject to and governed by all applicable laws and regulations and these terms and conditions (“these Terms”). Please read these Terms carefully. If you cannot access these Terms via the Internet, we can provide a copy of the most recent version of these Terms by e-mail on request. If you do not agree with these Terms, please do not use the App. If you use the App, you will be deemed to have accepted, and will be bound by, these Terms. These Terms are subject to change from time to time. Any changes we may make to these Terms will be posted on this page. Please ensure that you revisit and review these Terms regularly as you will be deemed to have accepted, and will be bound by, such changes if you continue to use the App after the posting of any changes to these Terms.
2. Availability and Faults
Access to and use of the App are provided and permitted on a temporary basis. The App will not always be available and may have some faults.
We are under no obligation to update any information contained on the App. We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, the App (or any portion or portions of it) and/or the information, materials, products and/or services available through the App (or any portion or portions of it) with or without notice.
The App is provided on an “as is,” and “as available” basis, and to the extent permitted by law made without any guarantees, conditions or warranties of any kind.
Unless otherwise indicated, the App including its design, text, content, arrangement, and other matters related to it are protected under copyright and other applicable intellectual property law and we are the owner or the licensee of all intellectual property and other proprietary rights in or relating to the App. All such rights are reserved.
The posting of the App does not constitute a waiver of any right in or relating to the App. Except as expressly granted in these Terms, you do not acquire any rights, title or interest in or relating to the App.
4. Use of the App by You
We grant you a limited right to access and make use of the App for your own use. You are not allowed to: reproduce, duplicate, copy, sell, re-transmit, distribute or otherwise exploit the App including any of its content for any commercial purpose without obtaining prior permission from us; make a collection of any product listings, descriptions or prices; make derivative use of the App or its contents; download or copy information for the benefit of another business; or use data mining, robots or similar data gathering and extraction tools.
You may print off reasonable copies, and may download extracts, of any page(s) from the App. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not misuse the App by knowingly introducing viruses or other material, which is malicious or technologically harmful, attempt to gain unauthorised access to the App, or attack the App via a denial-of-service attack or a distributed denial-of service attack. We will report you to the relevant authorities for such acts.
Access to or use of the App (or information, materials, products and/or services on the App) may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with all applicable laws and regulations of the country from which you are accessing the App. We make no representation that the App (or information, materials, products and/or services on the App) is appropriate or available for use in other locations outside the United Kingdom.
We reserve the right to suspend or terminate your access to the App (or portions of it) at any time if we believe you are using the App in any way that is contrary to any of these Terms, and if you print off, copy or download any part of the App in breach of these Terms, you must, at our option, return or destroy any copies of the materials you have made.
From time to time, we may restrict access to the App (or portions of it) to users who have registered with us.
If you register with us to use restricted areas (such as registering to join our Members Club), you are registering as a personal user of the App. Access to restricted areas is via your user identification code (“user ID”), password and any other piece of information as part of our security procedures. We allow you access to the restricted areas of the App on the basis that:
- you are, at the date of registration, no less than 17 years of age;
- you must treat your user ID and password as confidential, you must not disclose it to anyone else, it may not be used by anyone else to access the App;
- all data provided by you is accurate;
- you will not maliciously create additional registration accounts for the purpose of abusing the functionality of the App or other users; and
- you will not seek to pass yourself off as another user.
You can access and update much of the information you provided us with in the “Membership" area of the App.
If, for any reason, we believe that you have not complied with these Terms, we may at any time, at our discretion, disable your user ID or password and otherwise cancel your access.
6. Description of Products and/or Services and other Information
Nothing in the App constitutes an offer to buy or sell products and/or services in any jurisdiction. The App is for information only. All details, descriptions and prices of, and other information relating to, products and/or services appearing on the App are of a general nature only. We do not guarantee that any product and/or service appearing on the App is or will be available in stock at the relevant village at the time you wish to purchase any particular product and/or service.
We will take reasonable care to ensure that all information is correct at the time when such information was uploaded to the App, but it may be inaccurate and incomplete and is subject to change. We therefore advise you to check information concerning a retailer with them or information concerning our products and services with us, and we are not liable for loss incurred by you from relying on information on the Website.
From time to time, we may advertise and run competitions on the App. Specific terms and conditions and rules will apply to such competitions. Please ensure that you read terms and conditions and rules applicable to any competition you enter into or otherwise participate in carefully as you will be deemed to have accepted, and will be bound by, the terms and conditions and rules applicable to such competition if you enter or otherwise participate in such competition.
8. Third Party Websites
The App may contain links to other websites operated by unrelated companies and persons (“Third Party Website”). These links are intended to provide further information only.
The inclusion on the App of any link to a Third Party Website does not mean that we approve, endorse or accept any responsibility for that Third Party Website, its content or use, or the use of products and/or services made available through such Third Party Website. We have not investigated, monitored or checked any Third Party Websites for accuracy, completeness or conformance with applicable laws and regulations. We are not responsible for any damages or losses caused as a result of your use of, or reliance on, such Third Party Websites and you use any Third Party Websites at your own risk. All terms and conditions and policies of the Third Party Websites you visit will apply to you while on such websites and you should check them.
We have some arrangements with carefully selected businesses, who may sell you products or services on Third Party Websites linked to the App and bearing our branding or indicating an association with us, such as the Bicester Village Gift Card. When you link through to some of these Third Party Websites they may still be framed by the App or have our branding, and appear part of the App. Please be aware, however, that these products and services are sold by another business. While we select such businesses carefully, we are not responsible for the products and services, which they offer and sell, and you should check any terms and conditions of those Third Party Websites and of any products and services which they offer.
9. Exclusion of Liability
We in our own capacity and on behalf of our associated corporate entities exclude liability arising out of or in connection with access or use of the App or any website with which it is linked and (whether based in contract, negligence, tort, strict liability or any other basis) for any of the following losses: • losses from unavailablity of the App or technical faults with the App;
- loss of data;
- loss caused by denial-of-service attack, viruses or other technologically harmful material;
- loss of revenue or profit or anticipated savings; and
- loss arising from circumstances beyond our reasonable control and loss which is not reasonably foreseeable.
In any event our aggregate liability and that of our associated companies arising out of or in connection with access or use of the App or any website with which it is linked and (whether based in contract, negligence, tort, strict liability or any other basis) shall not exceed £100.
We do not seek (and nothing in these Terms is intended) to exclude or limit liability for death or personal injury caused by negligence, for fraudulent misrepresentation, nor any other liability, which cannot be excluded or limited under applicable law.
You agree to indemnify, release and hold us and our associated companies harmless from any claim, liability, loss, expense or demand related to your breach of these Terms.
11. Choice of Law and Jurisdiction
The App is controlled and operated by us from our offices in England. These Terms and all matters arising or relating to these terms and this App including its content shall be governed by English law. The English courts shall have non-exclusive jurisdiction to settle any disputes, which may arise out or in connection with these Terms or use of the App.
These Terms contain the entire understanding between you and us with respect to the use of the App. No representation, statement, inducement oral or written, not contained in these Terms (as updated from time to time) shall be binding on either you or us.
Each of the provisions of these Terms is severable. If any provision of these Terms is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms shall remain in full force and effect.
If you have any questions or complaints regarding these Terms or any other matter, you may contact us by writing to us at Legal Team, Bicester Village, 50 Pingle Drive, Bicester, Oxfordshire, OX26 6WD or by e-mailing us at Legal@ValueRetail.com.