Terms & Conditions of Use of Website and App
Please read these terms and conditions carefully before using this website and app. By using this website and app, you signify that you have read and accepted these terms and conditions. If you do not agree to these terms and conditions, do not use this website and app.
Information Purposes Only
Westquay shall use its reasonable endeavours to ensure that the information contained on the website and app is accurate and up to date.
All materials presented on this website and app, including without limitation, any logo, design, text, graphic, and their arrangement, are licensed to or owned by Hammerson plc or other companies in the Hammerson plc Group of Companies or the owners of Westquay managed by Hammerson plc. Unless we indicate otherwise, you must not copy, distribute, republish, download, display, post or transmit any material from our website and app in any form or by any means, including, but not limited to, electronic, mechanical or otherwise, without our prior written permission or the written permission of the relevant copyright owner.
You may access and use the materials on this website and app for your own personal use only.
You must not do anything to alter, modify or add to the material on this website and app.
"Westquay" is a registered trade mark in England. Any other trademarks appearing on this website and app are the trademarks of the relevant owners. You must not use any trade mark that appears on this website and app without the written permission of the relevant owner.
In accessing this website and app, you must not:
disrupt or interfere with the website and app, or any services, system resources, accounts, servers or networks connected to or accessible through this website and app or linked website and apps;
disrupt or interfere with any other user's enjoyment of this website and app or linked website and apps;
attempt to obtain unauthorised access to this website and app or parts of this website and app that are not opened to public access; or
Post or transmit to or via this website and app any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication.
In addition, you agree that you are solely responsible for actions and communications you have undertaken or transmitted through this website and app. You agree to indemnify and hold us harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of, or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your breach of these terms and conditions, or your breach of any rights of third parties. This website and app contains links to other website and apps which are independent of Westquay and are maintained by third parties.
Westquay is not responsible for the contents of any third party website and apps and shall not be liable for any damages or injury arising from the contents of such web sites. Any links to other website and apps are provided as a convenience to you as a user of this site, and does not imply Westquay endorsement of the linked web sites or association with their operators. You must asses their party website and app content for the suitability for your purposes. You are solely responsible for the actions you take in reliance of the content on or accessed through this website and app.
Third party web sites are likely to have their own restrictions on how you may use the content on those website and apps and what responsibility the website and app provider will accept (if any) in relation to the content.
You should ensure you read and comply with these. You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this website and app.
Disclaimer and Limitation
We reserve the right to make any change to the information appearing on the website and app, including without limitation changes to any concept, design elements, diagrams and lay-out of, and the positioning of tenants at Westquay, at any time without giving notice.
We do not and cannot guarantee that this website and app or the server that operates is free of:
viruses or other corrupted materials; or
occasional outages or disruption of services, which prevent you from either accessing this website and app or other third party website and apps via this website and app.
This website and app and the information, services, products and materials available through it are provided on "as-is" and "as available" basis, without warranty or condition of any kind, either expressed or implied, to the extent permitted under any applicable law.
Your use of this website and app, including all content, data or software distributed by, downloaded or accessed from or through this website and app, is at your own risk. You will be solely responsible for any damage caused to you, including to your business, financial affairs, or your computer system or loss of data that results from your use of this website and app, including the download of such content, data and/or software. For your own safety you should take regular back-up copies off data and use the latest virus checking software and Westquay cannot accept any liability arising from your failure to do so.
We expressly disclaim all liability howsoever caused to you or any other persons in respect of the information or material on this website and app (or accessed via this website and app), including but not limited to any diagrams and lay-out of Westquay, and any defamatory, derogatory or offensive material or publication.
We do not have any control over the information, products or services offered by third parties on or through this website and app, or at their own website and apps. With the exception of those damages arising as a result of fraudulent representations we assume no responsibility for and make no warranty or representation as to the accuracy, availability, currency, completeness, reliability or usefulness of the information, products or services distributed or made available by third parties on or through this website and app.
If a jurisdiction does not allow:
the exclusion of implied warranties; or
the exclusion or limitation of liability, in accordance with these terms and conditions but allows a limitation of liability to a certain maximum extent, then our liability is limited to that extent. To the full extent permitted by law, any conditions, warranties or liabilities imposed on us, or implied into these terms and conditions, under any law are hereby excluded.
For the purposes of this section, the words "we" or "us" include Westquay and its related bodies corporate, officers, directors, employees, agents, suppliers, and any other party involved in creating, producing, transmitting, or distributing this website and app or related services.
These terms and conditions are governed by and construed in accordance with the laws of England. You consent and submit to the non-exclusive jurisdiction of the English courts.
We reserve the right, without notice and in our sole and absolute discretion, to discontinue and terminate any service offered by or through this website and app as well as this website and app at any time.
If any of these terms and conditions is deemed unlawful, void or for any reason unenforceable, then that provision may be severed from these terms and conditions, and it will not affect the validity and enforceability of the remaining provisions.
If you would like to contact Westquay our contact details are as follows:
Westquay, Management Suite, 8-10 Portland Terrace, Southampton SO14 7EG
Terms & Conditions for Competitions and Prize Draws
1. By participating you agree to the requirements set out in all promotional materials and the following General Terms and Conditions.
2. Open to residents of the mainland UK unless otherwise stated. Not open to employees (or their immediate families) of Westquay, its agencies, owners or anyone else professionally associated with this promotion. Westquay reserves the right to request proof of identity or to verify eligibility conditions and to award any prize to the winner in person.
3. Maximum one entry per person unless otherwise stated. Entries via agents or third parties or the use of multiple identities and email addresses are not permitted.
4. Only online entries via the channels promoted will be accepted. Entries must be submitted as promoted by the closing date.
5. Use of automated entries or programs is prohibited and all such entries will be disqualified if discovered.
6. Winners will be selected by Westquay or a co-promoter in a random draw within 5 days of the closing date from all valid and correct entries received.
7. Westquay reserves the right to disqualify late, misdirected, incomplete, corrupted, lost, illegible or invalid entries.
9. Prizes must be collected from Westquay. If any prize cannot be collected within the given timescale, Westquay reserves the right to select an alternative winner or re-distribute the prize in a future competition or prize draw. Westquay has no responsibility to anyone who has not collected the prize and no compensation will be due.
10. If we require a response before we award any prize and no response is received after we have made reasonable efforts to make contact, Westquay reserves the right to withdraw prize entitlement and award the prize to someone else. Westquay has no responsibility to anyone who has not responded and no compensation will be due.
11. No cash or other alternative prizes are available, except when in the event of circumstances outside of its control. Westquay reserves the right to substitute a prize of equal or greater value. Prizes cannot be transferred or sold.
12. Westquay has arranged this Promotion in good faith but, to the fullest extent allowed by law, accepts no responsibility for loss or damages as a result of anyone participating in the Promotion or any aspect of any prize awarded. Your legal rights as a consumer are not affected.
13. Westquay reserves the right to modify, suspend, cancel or terminate the promotion or extend or resume the entry period or disqualify any participant at any time without giving advance notice and will do so if it cannot be guaranteed that the promotion can be carried out fairly or correctly for technical, legal or other reasons or if Westquay suspects that any person has been manipulating entries or the results or has acted unethically in any other way.
14. In the event that Westquay wishes to contact you in connection with your entry we will do so via an email ending in west-quay.co.uk or by phone with a follow up e-mail. Any email which appears to come from Westquay but using a different suffix should be treated with suspicion and forwarded to email@example.com for verification. Please do not respond or act on any e-mail if you are not sure that it comes from Westquay. If you are in any doubt please contact Marketing.
15. Winners may be required to participate in reasonable related publicity without further payment or permission. Westquay may publish first name, surname initial, age and/or town/city in printed or digital communications.
16. Winners entering via Westquay’s Facebook page or Twitter feeds will be notified via same medium and agree to their full name or other moniker being announced online and reasonable additional publicity.
17. For information regarding the names of the winners (and, if applicable, their winning entries) email Marketing quoting the name of the prize draw or competition. Unfortunately we are unable to return any entries sent to us by post.
18. Any images on the website and app are for illustration only.
19. The judge’s decision is final and we reserve the right not to correspond on any matter.
20. The laws of England apply and any disputes will be dealt with in the English courts only
Hammerson PLUS App – new launch promotion
Customer terms and conditions
1. Hammerson PLC is the operator (the “Operator”) of the Westquay PLUS App (the “App”), which provides news, offers and information about the Operator’s The Oracle shopping centre (the “Centre”).
2. In connection with the Operator’s relaunch of the App, the Operator is running a promotion (the “Promotion”) that can be enjoyed by any person who has downloaded and registered to the App prior to [11th September 2016].
3. Under the terms of the Promotion, each customer who downloads and registers his/her details on the App is entitled to one reward (the “Reward”) 300ml low fat or super fruit smoothie from Boost (the “Retailer”) from Boost, provided that these terms and conditions are complied with.
4. To take advantage of the Promotion customers will need to download the App onto their Apple or Android smartphone from the Play or Apple app stores, and register their name, title, contact email address and date of birth. This data will be used by the Operator for its internal marketing and business purposes only and will not be shared with any third party.
5. After downloading the App and registering their details, customers will be entitled to visit the Retailer between [15th August 2016 to 11th September 2016] (subject to the Centre opening hours) and claim the Reward. To claim the Reward, customers will order a 300ml Low Fat or Super Smoothie from the Retailer and, at payment, will use their phone to scan the QR code presented to them by the Retailer. The Reward cannot be claimed if the customers does not scan the QR code.
6. Only one Reward can be claimed per registered customer (based on the details registered by that Customer in the App).
7. The Promotion is subject to availability of Rewards and Rewards will only be given to customers while Retailer stocks last and subject to the timescales of the Promotion.
8. The App and downloads of the App, including downloads covered by this Promotion, are governed by terms and conditions of the App (the “App T&Cs”) and the App T&Cs continue to apply to all downloading and use of the App and take precedence should there be any discrepancy between these terms and conditions of the Promotion and the App T&Cs.
9. By downloading the App and registering to take advantage of the Promotion in accordance with these Promotion terms and conditions, customers will be deemed to have accepted and agreed to be bound by these terms and conditions.
10. To the extent the Operator is permitted by law, the Operator will not be liable for any technical issues associated with the scanning of the QR code by the user or for the Retailer’s lack of available stock and the customer agrees that s/he has no claim against the Operator in the event of any such issues arising.
11. There is no cash alternative for the Reward and the Reward is non-transferable and non-refundable save at the Retailer’s discretion.
Westquay Christmas Console Prize Draw
Below are the terms and conditions of entry into the Hammerson Christmas Console prize draw:
1. Westquay Limited Partnership [Hammerson PLC, Kings Place, 90 York Way, London, N1 9GE] (the “Promoter”, “we”, “our”, and “us”) is running a prize draw (the “Prize Draw”) from 12th November 2016 to [24th December 2016].
2. The Prize Draw can be entered by any UK resident (excluding residents of the Channel Islands and the Isle of Man) aged 18 or over, excluding employees of the Promoter, their subsidiaries, families, its agents or anyone else associated with this promotion.
3. Entrants to the Prize Draw must fully complete all the details as set out on the entry form to the Prize Draw on the Christmas digital interactive tree and games console (the “Console”) at Westquay including title, first name, surname, email address, postcode and date of birth. The completed entry form must be submitted via the Console between [00:00] on 12th November and [23:59] on [24th December 2016] to be entered into the Prize Draw (the “Closing Date”).
4. No purchase is necessary to enter the Prize Draw.
5. The prize available to be won in the Prize Draw will be as detailed on the free standing display adjacent to the Console (the “Prize”).
6. There is a limit of one entry per person to the Prize Draw. Multiple entries from the same entrant to the prize draw will be counted as one entry.
7. The Prize Draw will take place on the [Tuesday 3rd January] following the Closing Date. The winner(s) will be selected at random using an automated process. The winner(s) will be notified by email or telephone within  days of the Closing Date. The Promoter will use reasonable efforts to contact the winner by email, however if a winner does not respond to the Promoter within  days of notification by the Promoter, their Prize will be forfeited and awarded to a reserve winner, selected at the same time as the original.
8. The Prize winners’ name and counties will be available from [Tuesday 3rd January] for a period of three months by sending a self-addressed envelope to Westquay Marketing, Management Suite, 8-10 Portland Terrace, Southampton, SO14 7EG.
9. The winner agrees to their name being published as the identified winner via the Westquay website and in any third party press or reports of the Prize Draw. As a condition of accepting the Prize, the winner may be required to participate in any reasonable promotional activity (such as publicity and photography) surrounding the winning of the Prize, free of charge, and they consent to the Promoter using their name and image in promotional material.
10. The winner will be required to attend the Westquay in order to collect their Prize. The winner will be required to make their own way to the Westquay and the Prize excludes any costs of travel or accommodation associated with the collection or redemption of the Prize. Upon collecting the Prize, the winner will be required to provide proof of age and identity and any documentation as reasonably required to validate their eligibility to claim the Prize.
11. In the event that the winner does not reside within a reasonable distance of Westquay the Promoter shall use their sole discretion as to whether the Prize will be sent by courier to the winner as an alternative to requiring the winner to attend the Westquay to collect the Prize.
12. There is no cash or other prize alternative available in whole or in part except in the event of circumstances outside the Promoter’s control when the Promoter reserves the right to substitute a similar alternative of equal or greater value. Unless otherwise agreed in writing by the Promoter, the Prize will only be awarded directly to the winners. The Prize is personal to the winner and is non-transferrable to any other person.
13. The Promoter accepts no liability or responsibility for incomplete, corrupted, late or misdirected entries, network failure or delay or for any difficulties in using the Console or entering the Prize Draw. Unless caused by its negligence, the Promoter will not be liable for any loss, expense or damage which is suffered or sustained in connection with the Prize Draw or accepting, possessing, using or inability to use the Prize (including without limitation as a result of technical fault, computer or electronic malfunction or fraudulent entries).
14. By entering this promotion, you agree to be bound by these Terms and Conditions.
15. The decision of the Promoter is final and no correspondence will be entered into regarding either the Prize Draw or these Terms and Conditions. Participants in the Prize Draw agree that the Promoter will have no liability whatsoever for any injuries, losses, costs or damage of any kind, resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in the Prize Draw. Nothing in this clause shall limit the Promoter’s liability in respect of death or personal injury arising out of its own negligence or arising out of fraud.
16. If for any reason any aspect of any of the Prize Draw is not capable of running as planned, the Promoter may in its sole discretion suspend, cancel, terminate or modify the Prize Draw or the Prize without any liability to any participant or other person.
17. These Prize Draw is governed by English law and the courts of England have exclusive jurisdiction.
18. Privacy Notice
a) This Privacy Notice applies to the Prize Draw run by the Promoter.
b) When you take part in the Prize Draw we may collect personal information from you including: e-mail address; date of birth; postcode; telephone number and details of the shopping centre from which you submitted your entry to the Prize Draw. If you are successful in the Prize Draw we may also collect additional information from you including, but not limited to your title, name, address and image for the purposes of providing you with your Prize and/or for publicity of this Prize Draw.
d) Your personal information may be made available to third parties (within or outside the Promoter) providing relevant services under contract to the Promoter. These companies may use information about you to perform their functions on our behalf.
e) By submitting your personal information to us for the Prize Draw, or by volunteering any additional information to us, you consent to the use of your personal information as described in this notice and the Policy (as amended from time to time). If you have any questions about Privacy Notice or this Policy, please contact us at: firstname.lastname@example.org, or Westquay Marketing, Management Suite, 8-10 Portland Terrace, Southampton, SO14 7EG.
19. Promoter: Westquay Limited Partnership, C/O Hammerson PLC, Kings Place, 90 York Way, London, N1 9GE]