BROAD STREET MALL WEBSITE TERMS & CONDITIONS

1.Terms of use

Hi. Welcome to the broadstreetmall.com website (our Site). These are the terms and conditions which govern your use of the Site, (the Terms).  Please read these Terms carefully before you start to use the Site. We recommend that you print a copy of this for future reference.
These Terms apply regardless of whatever device you are using (including desktop, laptop or mobile web browser, digital television, mobile phones, hand-held digital devices and any other mobile device or technology whether now known or developed at some future date).
For the purpose of these Terms “mobile device” includes a Smart Phone or other mobile or handheld device (such as a tablet) capable of exchanging data via 3G, 4G or wirelessly over a computer network (for example Apple OS iPhones, iPads, Kindle, Kindle Fire, Android OS phones tablets and Symbian OS phones and tablet devices). 

You will be deemed to have agreed to comply with these Terms when you use, access or browse the Site or subscribe for email services. If you do not agree to these Terms, you must not use our Site.

For the purposes of these Terms: “Content” and “material” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Site from time to time (including, anything made available for download); “including” and its derivations mean including, without limitation.

2. Changes to these Terms

We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the Site. If you continue to use the Site after the changes have been posted, you will be deemed to have accepted them.

3. About us

The Site is operated by or on behalf of Inception Holdings Sarl. We are a company registered in Luxembourg with the company registration number B156358. Our registered office address is 56 Rue Charles Martel, L-2134, Luxembourg. You can contact us by email at mail@boltonmarketplace.com or call 01204 361100.

4. Registration for email newsletters and offers

Access to our email news and offers service is restricted to users who have registered their details with us. You must not use a false name or email or provide any false information or impersonate another person when registering for use of the Site and our email services. If a password is required for registration, you must not share or disclose it to any third party, nor allow any third party to use your password to gain access to the areas and services for registered users. If you fail to do so, we may refuse or remove or suspend your registration at any time.

5. Intellectual Property

We are the owner or the licensee of all intellectual property rights in the Site, the Content and the Trade Mark. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Site (including the Content and Trade Mark) as set out in paragraphs 6 & 7 below. 

6 Trade Marks

Certain names, words, phrases, logos, graphics, or designs on the pages of this Site may constitute registered or unregistered trademarks owned by ourselves or third parties. You are not entitled to reproduce or use in any way any of our Trade Marks (or those of any third party) without our or their written permission.

7. Use of the Site

You may use the Site for personal non-commercial use only. You may only download and print extracts of the Content for your own personal non-commercial use.

You may not:

(1) download or print any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Content from the Site; nor

(2) Reproduce, republish, modify, archive, distribute, store, archive or commercially exploit the Content without our prior written consent; nor

(3) Modify or adapt or create derivative works of the Content; nor

(4) Systematically forward links to this Site within a business or outside a business for business purposes; nor

(5) Copy or extract data from this Site by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.

You must not create any links to the Site without our prior written consent.

If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied that the content on our Site is accurate, complete or up-to-date.

At all times when you are accessing, browsing or using or registering for use of the Site, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the Site. In particular, you must not use the Site in a manner or upload any material or link to any material which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third party rights (including intellectual property rights).
At any time without notice and in our absolute discretion, we may permanently or temporarily terminate, suspend or deny your access to the Site. At any time without notice and in our absolute discretion, we may remove or edit any Content on the Site. We will not have any liability to you for any loss or damage arising from such removal or editing or any restriction or hindrance to your use of the Site, email services or password.

8. Viruses and hacking

It is a breach of these Terms and may be a be a criminal offence for you to wilfully damage this Site by introducing viruses, trojans, worms, logic bombs or other harmful materials which may adversely affect the operation of any computer or program. We will be entitled to disclose to any relevant authority any information we have that may be relevant to the investigation on a potential criminal offence.

We cannot guarantee that the Site is free from viruses or other harmful material and will not be liable for any loss or damage suffered by you due to your use of the Site or your downloading of any Content on it, or on any website linked to it.

You are solely responsible for ensuring that you have suitable equipment and security and virus protection in place before using the Site.

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.

9. Availability of the Site

We reserve the right to suspend access to the Site or remove it from use indefinitely without notice.

We accept no liability to you if the Site becomes either temporarily or permanently unavailable.

In addition, we do not warrant that the functions or materials on, or access from, this Site will be uninterrupted or free from errors.

10. Accuracy of information
We try to make sure our Site is up to date and accurate but we are unable to guarantee the accuracy or completeness of all the information on the Site. Therefore, before you rely on the Site do check the information we have provided.

11. Submission of Materials

If you submit materials to us, you agree:

(1) to grant us a royalty free, worldwide, perpetual licence to use, copy, distribute, publish, republish, store, archive, syndicate, sub-license, transmit, adapt, edit, create derivative works from, perform, exercise publicity in relation to such material (including any ideas, concepts or formats) in any manner and in any format and/or media;

(2) that we may disclose your identity to any third party making any claim or assertion of any kind in relation to your material; and

(3) that we may monitor your use of the Site and any communications made via the Site. 

In submitting material to us, you warrant that any material you submit:

(1) is your own original work and that you own the copyright and any other relevant rights;

(2) is not obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law or regulation or code, and you will be liable to use and you will be responsible for any loss or damage that we suffer as a result of your breach of this warranty. 

We may choose to publish or not publish any material you submit to us and exercise our rights in relation to that material in our absolute discretion.

We accept no liability for any content submitted by you or other users and third parties. We do not vet or pre-screen any material that you or other users and third parties have submitted to the Site. Where this is possible, however we reserve the right to remove, at any time and without reason or prior notice or any liability any material submitted by you or other users and third parties. 

12. Communication, marketing and competitions

Any competitions, prize draws and/or other promotions that will be featured on the Site will be subject to additional terms and conditions that will be made available to you at the relevant time.

13. Data Protection and Privacy

Full details of the way in which we use cookies on the Site and how we hold and process information from which we can identify you or any third party are set out in our Privacy Policy.

14. Third party links

The Site may contain hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and we will not be liable for any loss or damage you incur as a result of your use of such websites.

15. Advertising and Sponsorship

Parts of the Site may contain advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the Site complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.

Separate terms and conditions apply about placing advertising or sponsorship on the Site.

16. Limitations of liability

All information and/or data on the Site is provided on an “as is” basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Site or the Content, including warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.

The information and/or data on the Site is provided by us and our data providers for your general information only and use and is not intended for trading purposes or to address your particular financial or other requirements.

Neither we or any of our data providers give any warranty or guarantee relating to availability of the Site or that the Site and/or our operation of it, the Content or the server that makes the Site available are error or virus free or free of other harmful components or that your use of the Site and/or the Content will be uninterrupted.

We will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances even if foreseeable for any amount or kind of loss or damage (including any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that you may suffer arising from or connected in any way to:

(2) Access or other delays, terminations, suspensions, denials or access interruptions to the Site; or

(3) Data non-delivery, data mis-delivery, data corruption, destruction of data or other modification of data; or

(4) Third party website links on the Site; or

(5) Reliance on the information contained on the Site; or

(6) Computer viruses, system failures or malfunctions which may occur in connection with your use of the Site; or

(7) Any inaccuracies, omissions or misleading, false or deceptive statement in the

Content; or

(8) Events beyond our reasonable control. 

Notwithstanding any provision of these Terms, we do not exclude or limit our liability for:

(1) Death or personal injury caused by our negligence; or

(2) fraud or fraudulent misrepresentation; or

(3) Any liability which it is not lawful to exclude either now or in the future.

17. Your responsibility

You will be responsible for any costs, losses or damages we may suffer arising from or in connection with:

(1) Any breach of these Terms by you; or

(2) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our suppliers.

18. General

Any contractual or legal relationship between you and Market Place Shopping Centre will be concluded in English.

To contact us, please e-mail us at enquiries@broadstreetmall.com. If we need to contact you, we will use the e-mail or postal address you provide during the registration process (if any).

The rights and remedies of Broadstreet mall Shopping Centre under these Terms are independent, cumulative and without prejudice to its rights under the law.

Please note that these Terms and/or your use of the Site are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.