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Terms & Conditions of Use

Please read these terms and conditions carefully before using this website. Use of this website is acceptance of these terms and conditions.

These Terms and Conditions set out that:

  1. You have a licence to use our website and this licence is non-exclusive and non-transferable.
  2. Your use of this website is subject to your acceptance of these Terms & Conditions, and our Privacy Policy.
  3. The use of this website is governed by the laws of England and Wales.

Use of this website creates a legally binding agreement between:
The Rivergate Shopping Centre at 5 Fullarton Square, Irvine, Ayrshire, KA12 8EJ. (“The Rivergate Shopping Centre”, "We", "Us", "Our"); and You, the user of Our Facilities ("You" or "Your").

Definitions

These words have the following meaning (where they have a capitalised first letter) in these terms and conditions:

  • "Agreement" means the provisions of these Terms and Conditions.
  • "Confidential Information" means all information relating to the affairs, business, service, product or plans of Us or You but not including information already lawfully known to the receiving or acquiring party, or information in the public domain.
  • "Distance Selling Directive" means the EU Directive on the Protection of Consumers in respect of Distance Contracts (Directive 97/7/EC) and any national legislation implementing the same within the European Economic Area.
  • "Internet" refers to the global information system that:
    • is logically linked together by a globally unique address space based on the Internet Protocol ("IP") or its subsequent extensions or follow-ons;
    • is able to support communications using the "Transmission Control Protocol" / IP suite or its subsequent extensions or follow-ons, and / or other IP-compatible protocols; and
    • provides, uses or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure.
  • "LINKS" mean hypertext, text, banner, logo and contextual links ("Graphic Image") which permit You to go from Our Website to another Website or from another Website to Our Website or any other website by clicking on the Graphic Image.
  • "Linking Sites" mean website which contain Links to Our Website.
  • "Intellectual Property Rights" or "IPR" means all intellectual property rights, including but not limited to the following rights:
    • patents, copyright, circuit topography rights, registered designs and unregistered design rights, database rights (including rights of extraction), trade marks and service marks; and
    • any application or right to apply for registration of any of the rights referred to in paragraph (a).
  • "Our Website" means the entire content of the Website at URL: or any replacement or successor URL (but excluding any other Website to which Our Website may be linked by Links).
  • "World Wide Web" is an Internet information browsing service based on hypertext documents with Links to still and motion images, audio, animation, and 3 dimensional images.
  • "Your Information" means any information that We may collect from You or about You through Your use of Our Website.

Legally binding terms and conditions

Your use of Our Facilities may be subject to restrictions imposed by law. You must comply with these laws as it is not possible for Us to comply with them on Your behalf.

We may change these Terms and Conditions at any time by publishing a new version on Our Website. We will post any new Terms & Conditions on our home page. Your use of Our Facilities will from that point on be governed by the new version. We will notify you of any change via an alert on our homepage.

Basis of use

We license You to use Our Website if:

  • you have read and You understand and accept these Terms and Conditions;
  • any Login Name or Password used by You to access Our Facilities is only used by You personally; and
  • you use Our Website in accordance with these Terms and Conditions

You may NOT use Our Website in any other circumstances.

Your licence to use Our Website under this clause extends to any material downloaded from Our Website unless We notify You otherwise at the time of download. The licence to download does not extend to incorporating the material downloaded into any other work or publication, whether in hardcopy or electronic or other form, or to disseminating or disclosing the downloaded material to others.

You may not distribute or copy any part of Our Website for any commercial purpose unless We approve in advance this use in writing.

We may withdraw Your licence to use any part of Our Website at any time for any reason.

Consequences of using our website

Our website is designed to allow you to:

  • visit any other website using the links on our website; and
  • access information about the Rivergate Shopping Centre
  • access to special offers

By accessing our website, you are making an offer to us to use Our Facilities in accordance with these Terms and Conditions. We do not have to accept Your offer to use Our Facilities and may deny You access to any or all of Our Facilities for any reason.

You do not have any contractual relationship with Us except these Terms and Conditions.

We are not producing or selling you any Products and We are therefore not a supplier for the purposes of the Distance Selling Directive.

We do not have any control over any other’s Website which may be linked to Our Website either as a Link or as any other hypertext link.

Provision of our facilities

We can change any of Our Facilities at any time for any reason.

You must install and obtain licences for any hardware or software that You need in order to make use of Our facilities.

Access to The Rivergate Centre facilities

We have no control over the World Wide Web and You agree therefore that We are not responsible for the operation or the level of performance of any Link, the Internet or the World Wide Web.

Representations by The Rivergate Centre

You agree that We have no liability to You in relation to any representation or statement that We make to You unless it was made fraudulently.

Incentive Schemes

We may from time to time offer You a loyalty incentive scheme to encourage You to use Our Facilities. You agree that We may operate any loyalty incentive scheme at Our absolute discretion and any benefits that may accrue to You may be withdrawn at any time. Any loyalty incentive scheme that we offer will be covered by the Terms and Conditions for that scheme as outlined in the Help section of this website.

Use of The Rivergate Centre facilities

You may not use Our Facilities to prejudice Our interests or Our Facilities in any way.

Intellectual Property Rights

We either own or are licensed to use the Intellectual Property Rights contained in Our Website and its content. You may not copy, download, distribute or publish the content otherwise than in accordance with these terms and conditions except with Our prior written consent.

You hereby indemnify Us for any claim, loss, harm, damages or costs that arise as a result of a breach of clause 10 by You.

Privacy Policy and Data Protection Policy

You consent to Our use, transfer and disclosure of Your Information in accordance with our Privacy Policy (including transfers and disclosures overseas) by using Our Facilities.

You must not disclose Our Confidential Information.

To view our Privacy Policy click on the link at the bottom of the homepage.

Liability and Warranties

These Terms and Conditions form the entire agreement between Us and You. We are not liable for any statement or representation that we make to You, even if You rely on it, unless We made the statement or representation fraudulently.

We make no warranties or representations to You:

  • that any email we send to you will reach its destination or that it will be private and secure during Internet transmission;
  • about Our Facilities,
  • as to the availability of Our Facilities, and exclude (to the fullest extent permitted by law) all implied terms, warranties and representations in connection with this Agreement

We exclude all liability to You (whether in contract, tort, (including negligence or breach of statutory duty) or otherwise) for:

  • indirect or consequential loss or damage
  • loss of profits;
  • loss of data;
  • wasted time.

The limitations and exclusions in this clause 12 do not apply:

  • in the case of death or personal injury caused by Our negligence;
  • for fraud.


Misuse of facilities

You must not use Our Facilities or the facilities of any third party:

  • in any way which is defamatory, offensive, abusive, indecent, obscene or menacing;
  • in any way which breaches Intellectual Property Rights or obligations of confidence;
  • in any way which is illegal or unlawful;
  • to introduce a virus, trojan horse, worm, trap door, back door or other disruptive programme;
  • in any way which is not authorised by Us or which is in breach of these Terms and Conditions.


You must only use Retailers' Websites in accordance with the terms and conditions of use of those Websites.
Indemnity

You indemnify Us (subject to any restrictions imposed by law) from and against all costs, losses, claims, damages, expenses or proceedings suffered or incurred by Us arising out of or in connection with:

  • breach of these Terms and Conditions by You;
  • breach by You of any law or legislation


Termination

We may terminate your licence to use Our Website at any time without notice for any reason. Any termination that occurs does not affect any rights that had accrued to either You or Us prior to termination.
Assignment

We may assign Our rights and obligations under these Terms and Conditions to any person. You may not assign any of your rights and obligations under these Terms and Conditions.

Third Party Rights

This Agreement does not create any right or benefit enforceable by any third party within the meaning of the

Contracts (Rights of Third Parties) Act 1999 except that any limitation or exclusion of liability in favour of the Us, and any indemnity given to Us in this Agreement, is a right or benefit of the Our officers, shareholders, employees, agents as if such limitation, exclusion or indemnity had been given directly by You to such third parties.

General

If a provision of these Terms and Conditions is judged to be illegal or unenforceable by a court or any other competent authority, the relevant provision will be deemed to be omitted. The remaining Terms and Conditions will continue unless the substantive purpose of these Terms and Conditions is then not possible.

Any delay by Us in enforcing Our rights against You does not affect our ability to enforce that right. If we waive any single right against you, it is not a waiver of any other rights that we may have against you.

You may not assign any of Your rights under these Terms and Conditions without Our prior written consent.

Any notice to be given under these Terms and Conditions (unless otherwise specified) must be in writing in the English language and be delivered either personally, by registered post or by email to the other party. In the case of post, the notice will be deemed to have been received fourteen working days after the date of posting. The Rivergate Shopping Centre’s address for receipt of notices is as follows:

Rivergate Shopping Centre,
5 Fullarton Square,
Irvine,
Ayrshire,
KA12 8EJ,
UK

This Agreement is governed by English law and We and You both submit to the non-exclusive jurisdiction of the English courts.

©The Rivergate Shopping Centre 2012