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 immediately.

1. Definitions

1.1 "User" means any person who visits or uses the Website;

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 suspension.

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 without notice.

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 contact page.

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 you.

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; and

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 consequential damages.

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 action.

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 carefully read and review the privacy policy and terms of use for each 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 Website.

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. General

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 unenforceable provision.

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 relates.