Terms and Conditions | Legal | Bicester Village

Website, App and Wifi Terms and Conditions

Effective: July 2022

The provision of Value Retail Websites, App and Village Wifi and your access to and use (“these Services”) is subject to and governed by all applicable laws and regulations and these terms and conditions set out and linked to below (“these Terms”). By accessing and using Value Retail websites, App or Village Wifi, you agree to be bound by these Terms. If you do not wish to be bound by the Terms, please do not continue to access or use the Services.

Who we are: these Services are provided by Value Retail. Which Value Retail entity provides them depends on which of our Villages you are dealing with – see our Who We Are page.

If you are under the age of 18 you must obtain the permission of your parent or guardian to use the Service. By using the Service, you confirm that you are either over the age of 18 or that you have obtained such permission.

These Terms are subject to change from time to time. This page will display the most up to date version of these Terms, and we will bring any changes to the Terms to your attention on the Website and the WiFi access page. Every time you use our Websites, App or Village wifi, please check these Terms to ensure you understand the Terms that apply at that time.

If you cannot access these Terms via the internet or the application, we can provide a copy of the most recent version of these Terms by e-mail on request.

1. Privacy
a. Our Privacy Notices give more information about how your personal data is processed through your use of these Services.

2. Availability and Faults
a. Access to and use of these Services is provided and permitted on a temporary basis. They may not always be available and may have some faults. We are under no obligation to update any information contained and reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, our Services (or any portion or portions of it) and/or the information, materials, products and/or services available through our Services (or any portion or portions of it) with or without notice.
b. These Services are 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.
c. These Services are provided for personal, domestic, use by our Guests and you shall not use them for any business or commercial purpose.

3. Ownership
a. Unless otherwise indicated, these Services including 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 our Services. All such rights are reserved.
b. The posting of these Services does not constitute a waiver of any right in or relating to these Services. Except as expressly granted in these Terms, you do not acquire any rights, title or interest in or relating to these Services.

5. Use of the Website and App Services
a. We grant you a limited right to access and make use of our Website and App for your own use. You are not allowed to: reproduce, duplicate, copy, sell, re-transmit, distribute or otherwise exploit our Website or 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 our Website or 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
b. You may print off reasonable copies, and may download extracts, of any page(s) from our Website or 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. If we believe you are using our Website in any way that is contrary to any of these Terms, and if you print off, copy or download any part of our Website in breach of these Terms, you must, at our option, return or destroy any copies of the materials you have made.
c. You must not misuse these Services by knowingly introducing viruses or other material, which is malicious or technologically harmful, attempt to gain unauthorised access to, or attack these Services via a denial-of-service attack or a distributed denial-of service attack. We will report you to the relevant authorities for such acts.
d. Access to or use of these Services (or information, materials, products and/or services accessible via these Services) 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 our Website. We make no representation that these Services (or information, materials, products and/or services via these Services) is appropriate or available for use in other locations outside the United Kingdom.

6. Use of the WiFi Services
a. The WiFi Services are available to you if you are visiting our Village with our permission, but only on these Terms.
b. The WiFi Service allows you to access the Internet. The Internet is separate from the WiFi Service and use of the Internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the Internet or otherwise in connection with or arising from your use of the Internet.
c. We will provide the Service with reasonable skill and care.
d. The WiFi Service comes with no service level guarantee and may be interrupted, or suspended, at any time.
e. Whilst we will take all reasonable precautions against viruses, we cannot guarantee that the Service will be free of viruses, trojans, malware and/or other threats to your property. It is your responsibility to ensure that you have up to date firewall and anti-virus software installed.

7. Description of Products and/or Services and other Information.
a. Nothing in these Services constitutes an offer to buy or sell products and/or services in any jurisdiction. These Services are for information only. It is not possible to make a purchase directly through our Services, but we may introduce you to Brands via our Virtual Shopping programme in order that you can purchase directly from them, or to our travel partner Transive Ltd via the e-commerce area of the Website – see “Third Party Websites” below. All details, descriptions and prices of, and other information relating to, products and/or services appearing are of a general nature only. We do not guarantee that any product and/or service appearing is or will be available in stock at the relevant village at the time you wish to purchase any particular product and/or service.
b. We will take reasonable care to ensure that all information is correct, but it may be inaccurate and incomplete and is subject to change. We therefore advise you to check information concerning a Brand with them, and we are not liable for loss incurred by you from relying on information available.

8. Third Party Websites.
a. Our Website may contain links to other websites operated by other companies and persons (“Third Party Website”). Some of these links are intended to provide further information only, and others may allow you to make purchases in relation to the Villages (e.g. pages under https://www.thebicestervillageshoppingcollection.com/e-commerce/).
b. The inclusion on our Website 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.
c. We have some arrangements with carefully selected partners, who may offer and sell to you products or services on Third Party Websites linked to our Website 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 our branding, and appear part of our Website. Please be aware, however, that these products and services are sold by another business. While we select such partners 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. Links to Our Website.
a. You may create a link to our Website from another website or document without our prior written consent provided no such link: creates a frame or any other browser or border environment around the content of our Website; implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Website; displays any of the trade mark(s) used on our Website without our permission or that of the owner of such trade mark(s); is placed on a website that contains content that is unlawful, threatening, defamatory, obscene, pornographic or profane or could constitute or encourage conduct that would be considered a criminal offence or breach of any law; and portrays us, our associated companies or the businesses we work with (or their products and/or services) in a false, misleading, derogatory, or otherwise offensive manner.
b. You are solely responsible for the website on which you place a link to our Website and for any representations made or impressions created concerning us or our Website. You are also solely responsible for bringing these Terms to the attention of the person receiving access to our Website via your link. We reserve the right to request that any link or links you create to our Website from another website or document in breach of these Terms be removed.

10. Registration
a. From time to time, we may restrict access to these Services (or certain parts of it) to users who have registered with us. If you use areas of our Services where you need to register (for example, joining our Membership programme), you are registering as a personal user of our Services and will become a member of that restricted area. Access to members’ only 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 members’ only areas of our Services on the basis that:

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 our Services;
all data provided by you is accurate;
you will not maliciously create additional registration accounts for the purpose of abusing the functionality of the Services or other users; and
you will not seek to pass yourself off as another user.

b. If you sign up to a restricted or members’ only area of the Services, then Membership terms and conditions will also apply to your use of the relevant restricted or members’ only area of the Website or App. Please read those additional these terms and conditions carefully.
c. For WiFi services, we may require you to provide some identifying information to comply with local laws on provision of access to the internet.
d. 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.

11. Use of the Services
a. You shall use these Services only in accordance with the Terms, including that you shall:

         i. ensure that your equipment and devices comply with all applicable laws and standards;

        ii.    be responsible for the security and proper use of all login names and passwords used in connection with the Service (including changing passwords on a regular basis) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people. You agree that some software or equipment will not work with the Service and that it is your responsibility to ensure that you use equipment and software that is compatible with the Service;

       iii.    indemnify and defend us and all third parties involved in providing the Service to you against all liabilities, costs and expenses (including all interest, penalties, legal costs and other reasonable professional costs and expenses), damages and losses (including but not limited to any direct, indirect, special or consequential losses) arising out of a breach of these Terms or any use or misuse of the Service by you.

b. You shall not use any of the Services:

         i.    to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;

        ii.    to cause annoyance, inconvenience or needless anxiety;

       iii.    for any unlawful or illegal purpose;

       iv.    to send or provide unsolicited advertising or promotional material; or

        v.    other than in accordance with the Internet standards and acceptable use policies of any connected networks.

c. Use of the WiFi Service is subject to our “Fair Use” policy which you shall comply with. We may throttle to terminate connections which are exceeded the rate or volume limits in the policy, and/or ban such users from the WiFi Service. The limits are cumulative over monthly periods, and are based on the Fair Use policies of our service providers, including Verizon, by which we are bound.
d. Users of the WiFi Services should be aware that our providers of authentication and/or internet access are subject to rules relating to the release of communications data according to local laws.

12. Materials Submitted by You.
a. Users of our Services may be able to may post content to or comments on, or otherwise submit material for publication in, various areas of our Website or App (as at 2022, only our App provides this functionality), including our chat forum, bulletin board, photo galleries and other interactive areas. We do not approve, endorse, support, sanction, encourage or agree with any content, comments or material posted or submitted by users and published by us. We have not investigated, monitored or checked any such content, comments or material for accuracy, completeness or conformance with applicable laws and regulations. We accept no responsibility for, or liability in respect of, any such content, comments or material.
b. If you post content to or comments on, or otherwise submit material for publication in, any area of our Website including photographs:

you grant us a non-exclusive, perpetual, royalty-free, worldwide licence to use, reproduce, publish, republish, transmit and disseminate (and to grant sub-licences to use, reproduce, publish, republish, transmit and disseminate) such content, comments or material in any format, including print and electronic format;
you will ensure that no such content, comments or material is unlawful, threatening, libellous, defamatory, obscene, pornographic or profane or could constitute or encourage conduct that would be considered a criminal offence or breach of any law and you must not post any material which is deliberately intended to upset other users;
you will not be paid for any of the content, comments or material published;
you will ensure that such content, comments or material is your own original work and that you own the copyright and any other relevant rights;
if the material is a photograph or graphic material you must have taken the photograph(s) or created the graphic material yourself or you must have the permission to use the photograph(s) and/or graphic material and you must also have obtained the consent of all individuals featured in it where such individuals can be clearly identified; and
we will publish your name alongside any photograph(s) or graphic material submitted by you but we may edit or delete any comments which you submit with them.

c. When you post content, add comments or otherwise submit material for publication in or on any area of our Website you may also be subject to further terms and conditions, particularly if you are posting the content in relation to a competition or promotion. In these circumstances you may also be subject to additional terms and conditions relevant to the competition or promotion. Please ensure that you read those terms and conditions carefully.
d. Publication of any content, comments or material including photograph(s) or graphic material posted or submitted by you will be at our sole discretion. Subject to any restrictions imposed by applicable law, we reserve the right to refuse, suspend, terminate or otherwise remove publication of any text or graphics (including any photograph(s) or graphic material,. With the exception of personal data (which will be treated as set out in our Website Privacy Notice, any material you submit to us is, and will be, treated as non-confidential and non-proprietary.
e. You agree to indemnify us against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing any content, comments or material posted or submitted by you.

13. Competitions.
a. From time to time, we may advertise and run competitions via our Services. 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.

14. Exclusion of Liability.
a. Whilst we will take all reasonable precautions against viruses, we cannot guarantee these Services will be free of viruses, trojans, malware and/or other threats to your property. It is your responsibility to take whatever steps you consider necessary to protect and backup any data on your devices.
b. We do not seek (and nothing in these Terms is intended) to exclude or limit liability for death or personal injury caused by our negligence, for fraudulent misrepresentation, nor any other liability, which cannot be excluded or limited under applicable law.
c. We in our own capacity and on behalf of our associated companies exclude liability arising out of or in connection with access or use of our Website 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 from unavailability of these Services or technical faults;
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.

d. Subject to the above, our aggregate liability and that of our associated companies arising out of or in connection with access or use of our Website 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.

15. Indemnity.
a. 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.

Choice of Law and Jurisdiction.

a. The Terms are governed by:

         i.    For the Website and App; English law, but do not limit your rights that you have in the EU country in which you live. These Terms are subject to the non-exclusive jurisdiction of the courts of England, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in England, or in the European Union country in which you live; or

        ii.    For the WiFi Service; the laws of the country in which the Village providing the WiFi is located.

17. General.
a. These Terms contain the entire understanding between you and us with respect to the use of our Website. 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
b. 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.

18. Termination
a. We may terminate or suspend your subscription to these Services without giving you advance notice if:

you use more than the monthly Wifi data usage allowance
we reasonably believe that you or others (whether under your control or not) are misusing the Service, including but not limited to making use of the Service for illegal purposes;
you otherwise breach the Terms
we are told to do so by the Government or other lawful regulatory authority or the emergency services;
you allow anything to happen through the Service which in our reasonable opinion may have the effect of jeopardising the operation of the Service, or the Service is being used in a manner which is against your best interest, the best interests of other customers and/or us or any third party involved in providing the Service to you; or
we are no longer able to provide you with the Service.

19. Questions or Complaints.
a. It is not possible for us to be aware of the contents of each comment or review displayed on, or information, materials, products and/or services available through, our Website (or any portion or portions of it). We operate on a “notice and takedown” basis. If you believe that any comment or review displayed on, or information, materials, products and/or services available through, our Website (or any portion or portions of it) contains a defamatory statement, please notify us immediately by writing to us at the relevant village (see the “Who We Are” page).