thevirtualmall.co.uk website terms and conditions
THESE TERMS AND CONDITIONS ("Terms") govern www.thevirtualmall.co.uk ("the
Website"). Please read these Terms and ensure that you have understood
them. If you do not agree to these Terms, please cease use of the Website
1.1 "User" means any person who visits or uses the
1.2 "User Submission" means any feedback, link, comment,
SocialCode or other material of whatever nature that is submitted by a
User to appear on the Website.
2. Use of the Website
2.1 By visiting and using the Website you warrant that
you are 18 years old or above and have the right, authority and capacity
to enter into and be bound by these Terms and that you agree to be bound
by these Terms forthwith. There is a limit of one account per household.
2.2 In the event that TheVirtualMall, in its sole
discretion, considers that you are making any illegal and/or unauthorised
use of the Website, and/or your use of the Website is in breach of these
Terms, TheVirtualMall reserves the right to take any action that it deems
necessary, including terminating without notice your use of the Website
and, in the case of illegal use, instigating legal proceedings.
2.3 TheVirtualMall may suspend the Website at any time and
for any reason whatsoever, including but not limited to repairs, planned
maintenance or upgrades, and shall not be liable to you for any such
2.4 TheVirtualMall reserves the right to make any changes
to the Website or to discontinue any aspect or feature of the Website
without notice to Users.
2.5 These Terms govern the use of the Website by
registered and unregistered Users. Such Users may not use the Website or
any part thereof in connection with any commercial venture, other than as
expressly permitted under these Terms or under other terms agreed in
writing by TheVirtualMall.
2.6 You may link to the Website's home page, provided you
do so in a way that is fair and legal and does not damage our reputation
or take advantage of it. You must not establish a link in such a way as to
suggest any form of association, approval or endorsement on our part where
none exists. You must not establish a link to the Website in any website
that is not owned by you. The Website must not be framed on any other
site, nor may you create a link to any part of the Website other than the
home page. TheVirtualMall reserves the right to withdraw linking permission
2.7 You must not misuse the Website by knowingly
introducing viruses, trojans, worms, logic bombs or other material which
is malicious or technologically harmful. You must not attempt to gain
unauthorised access to the Website, the server on which the Website is
stored or any server, computer or database connected to the Website. You
must not use manual or automated software, devices, scripts, robots, or
other means or processes to access, "scrape", "crawl", or "spider" any
pages contained in the Website.
3. User registration and User Submissions
3.1 In order to sign up to the Website's newsletter, you
will be required to register your email address.
3.2 You can sign up to our newsletter through submitting
your email address at any of the sign up boxes featured throughout the
Website or by creating an account via our Sign Up page ("Account"). By
providing your email address you agree to receive regular newsletter
emails from TheVirtualMall.
3.3 You can unsubscribe from receiving our newsletter by
clicking the 'Unsubscribe' link featured within each of our newsletters.
Alternatively, registered Users can edit their personal information or
manage newsletter subscriptions by updating their information within the
user profile of their Account.
3.4 You must not disclose your Account details to any
third party. If you know or suspect that anyone other than you knows your
Account details, you must promptly notify us through our
3.5 TheVirtualMall has the right to disable any user
identification code or password, whether chosen by you or allocated by us,
at any time, if in our reasonable opinion you have failed to comply with
any of the provisions of these Terms.
3.6 By posting any User Submissions, you represent and
warrant (a) you have all right, title, and interest to such User
Submission, including but not limited to any consent, authorization,
release, clearance or license from any third party (such as, but not
limited to, any release related to rights of privacy or publicity)
necessary for you to provide, post, upload, input or submit the User
Submissions, or (b) such posted content is already in the public domain.
You further represent and warrant that posting such content does not
violate or constitute the infringement of any patent, copyright,
trademark, trade secret, right of privacy, right of publicity, moral
rights, or other intellectual property right recognised by any applicable
jurisdiction of any person or entity, or otherwise constitute the breach
of any agreement with any other person or entity.
3.7 Any User Submission you upload to the Website will be
considered non-confidential and non-proprietary, and you grant
TheVirtualMall the right to use, copy, distribute and disclose to third
parties any such content for any purpose.
3.8 TheVirtualMall has the right to disclose your identity
to any third party who is claiming that any content posted or uploaded by
you to the Website constitutes a violation of their intellectual property
rights, or of their right to privacy.
3.9 We have the right to remove any User Submission at
any time and for any reason.
3.10 Regardless of whether you register your details with
TheVirtualMall or not, any User who feels that any User Submission made by
another User is objectionable is encouraged to contact TheVirtualMall at
Legal Department, TheVirtualMall, 1 Wentworth Crescent, Beggarwood, Basingstoke, RG22 4WU or through our
contact page. TheVirtualMall will review the
relevant message as soon as is practicable and will take such action as it
deems necessary, if any.
4. Term and Termination
4.1 These Terms will remain in full force and effect
while you are a User of the Website.
4.2 TheVirtualMall may, at any time and for any reason,
terminate these Terms with you and deny you access to the Website.
4.3 In the event of termination of these Terms for any
reason, you must not attempt to use the Website.
4.4 Sections 3 to 9 inclusive shall survive termination
of these Terms for any reason, and shall be valid and enforceable against
5. TheVirtualMall Intellectual Property
5.1 Other than in relation to links to third party
websites and non-exclusive voucher codes, TheVirtualMall owns or has a
licence to use all right, title and interest in and to the Website,
including without limitation all copyright and any other intellectual
property rights therein. Some of the content is produced in whole or in
part under licence from, and based in whole or in part from, copyright
material of the listed merchant. These Terms shall not be construed to
convey title to or ownership of the Website or the data contained therein
to any User. All rights in and to the Website not expressly granted to
Users are reserved by TheVirtualMall.
5.2 You are granted a non-transferable, non-exclusive,
royalty-free, revocable licence to view and print the content of the
Website for your personal use only.
5.3 You are expressly prohibited from:
5.2.1 reproducing, copying, editing, transmitting,
uploading or incorporating into any other materials any of the Website;
5.2.2 removing, modifying, altering or using any
registered or unregistered marks/logos owned by TheVirtualMall, and doing
anything which may be seen to take unfair advantage of the reputation and
goodwill of TheVirtualMall or could be considered an infringement of any of
the intellectual property rights owned and/or licensed to TheVirtualMall,
without first obtaining the written permission of TheVirtualMall.
6. Warranties and Liabilities
6.1 Nothing in these Terms excludes or limits
TheVirtualMall’s liability for death or personal injury arising from our
negligence, or our fraud or fraudulent misrepresentation, or any other
liability that cannot be excluded or limited by English law.
6.2 TheVirtualMall provides Users with access to the
Website free of charge and, subject to 6.1, TheVirtualMall shall not be
liable in contract, tort (including negligence) or otherwise for any loss,
injury or damage of whatever kind caused in whole or in part by use of the
Website or the information provided therein, or by any failure, delay,
interruption or otherwise of the provision of the Website or the
information provided therein, or by TheVirtualMall's failure to perform any
of its obligations under these Terms.
6.3 Further to 6.2, voucher codes are provided to
TheVirtualMall by third parties and TheVirtualMall does not guarantee that the
codes are valid (save only as set out in our Online Code Guarantee). You
are advised to check any discounts have been applied prior to committing
to any purchase.
6.4 In no event, subject to 6.1, shall TheVirtualMall be
liable in contract, tort (including negligence) or otherwise for any loss
of profits, goodwill, savings or business (whether any of the foregoing
are direct or indirect), or for any special, indirect, incidental or
6.5 The information provided on the Website by
TheVirtualMall is intended as information only and does not constitute
advice. Therefore, it must not be relied on to assist in making or
refraining from making a decision, or to assist in deciding on a course of
6.6 Where the Website or any User Submission includes
views, opinions, advice and recommendations, these views, opinions, advice
and recommendations are not endorsed by TheVirtualMall and, subject to 6.1,
TheVirtualMall shall not be liable on account of the accuracy, defamatory
nature, completeness, timeliness or otherwise of such views, opinions,
advice and recommendations.
6.7 The material on the Website is provided "as is",
without any conditions, warranties or other terms of any kind. We do not
guarantee that the Website, or any content on it, will be free from errors
or omissions or that the Website, or any content on it, will always be
available or be uninterrupted. Access to the Website is permitted on a
temporary basis. We may suspend, withdraw, discontinue or change all or
any part of the Website without notice. We will not be liable to you if
for any reason the Website is unavailable at any time or for any period.
6.8 To the maximum extent permitted by law, TheVirtualMall
expressly excludes all representations, warranties, obligations and
liabilities in connection with the Website or other third party websites,
and the information provided therein.
6.9 Links to third party websites and companies may
appear on the Website. Such third party websites are not the
responsibility of TheVirtualMall and TheVirtualMall accepts no responsibility
for the availability, suitability, reliability or content of such third
party websites and does not necessarily endorse the views expressed within
them. TheVirtualMall will not be liable for any loss or damage that may
arise from your use of them.
6.10 Third party websites may collect and treat
information they collect differently, so TheVirtualMall encourages you to
website you visit.
6.11 You are solely responsible for your interactions
with merchants. Subject to 6.1, you hereby release TheVirtualMall from any
and all claims or liability related to any product or service of a
merchant, any action or inaction by merchant, including merchant's failure
to comply with applicable law.
6.12 TheVirtualMall will not be liable for any loss or
damage caused by a virus, distributed denial-of-service attack, or other
technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of
the Website or to your downloading of any content on it, or on any website
linked to it or to any email sent by TheVirtualMall to you.
7. Data Protection and Privacy Notice
7.1 TheVirtualMall is committed to protecting (i) the
privacy of Users; and (ii) the confidentiality of the information provided
to it by Users using the Website. However, TheVirtualMall is not able to
control the use by third parties of any information appearing on the
7.2 TheVirtualMall reserves the right to gather information
relating to use of the Website. Please refer to our
Privacy Notice for information on how
your details are used. By visiting and using the Website you consent to
collection and use of this information by TheVirtualMall in accordance with
our Privacy Notice and warrant that
all data provided by you is current, complete and accurate and will be
kept up to date.
8.1 You may print and keep a copy of these Terms, which
form the entire agreement between you and TheVirtualMall and supersede any
other communications or advertising with respect to the Website.
8.2 These Terms may only be modified with the prior
written consent of TheVirtualMall. TheVirtualMall may alter or amend these
Terms at any time, with immediate effect and without notice. Please check
this page from time to time to take notice of any amendments as by
continuing to use the Website after such alteration, you will be deemed to
have accepted any amendment to these Terms.
8.3 These Terms and their performance shall be governed
by and construed in accordance with the laws of England and Wales and the
parties hereby submit to the exclusive jurisdiction of the courts of
England and Wales.
8.4 You shall comply with all foreign and local laws and
regulations which apply to your use of the Website in whatever country you
are physically located, including without limitation, consumer law, export
control laws and regulations.
8.5 You agree that because of the unique nature of the
Website and TheVirtualMall's proprietary rights therein, a demonstrated
breach of these Terms by you would irreparably harm TheVirtualMall and
monetary damages would be inadequate compensation. Therefore, you agree
that TheVirtualMall shall be entitled to preliminary and permanent
injunctive relief, as determined by any court of competent jurisdiction to
enforce the provisions of these Terms.
8.6 If any provision of these Terms is declared void,
illegal or unenforceable, the remainder of these Terms will be valid and
enforceable to the extent permitted by applicable law. In such event, the
parties agree to use their best efforts to replace the invalid or
unenforceable provision by a provision that, to the extent permitted by
the applicable law, achieves the purposes intended under the invalid or
8.7 Any failure by any party to these Terms to enforce at
any time any term or condition under these Terms will not be considered a
waiver of that party's right thereafter to enforce each and every term and
condition of these Terms.
8.8 Neither party will be responsible for delays
resulting from circumstances beyond the reasonable control of such party,
provided that the nonperforming party uses reasonable efforts to avoid or
remove such causes of non-performance and continues performance hereunder
with reasonable dispatch whenever such causes are removed.
8.9 Nothing in these Terms shall give, directly or
indirectly, any third party any enforceable benefit or any right of action
against TheVirtualMall and such third parties shall not be entitled to
enforce any term of these Terms against TheVirtualMall.
8.10 If you feel that any materials appearing on the
Website are offensive, objectionable or potentially defamatory please
contact TheVirtualMall by way of our contact page providing full details of
the nature of your complaint and the materials to which the complaint