Terms and Conditions
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
This website and app is owned by Highcross Leicester and provides information of a general nature and is designed for information purposes only and should not be relied upon without making other inquiries appropriate to the circumstances. Any personal information you supply to Highcross Leicester will be used as set out in the Highcross Privacy Policy. You undertake that all details and representations you provide to us for the purpose of registering on the website and app are correct.
Highcross Leicester shall use its reasonable endeavours to ensure that the information contained on the website and app is accurate and up to date.
Copyright
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 shopping centres 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.
User Conduct
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 Highcross Leicester and are maintained by third parties.
Highcross Leicester 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 Highcross Leicester 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 the shopping centre, 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 Highcross Leicester 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 the shopping centre, 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 Highcross Leicester 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.
Applicable Law
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.
Termination
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. Severability
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.
Contact Details
If you would like to contact Highcross Leicester our contact details are as follows: Highcross Leicester, Level 3 Management Suite, 5 Shires Lane, Leicester, LE1 4AN
Children’s Privacy
Hammerson does not seek to collect personal information about children through its App and is committed to protecting the privacy of visitors under the age of 18. You may not sign up to our “PLUS” service or enter our competitions if you are under the age of 18. Please do not download or use the App if you are aged under 18.
Other Sites
Our App may contain links to other applications or website and apps. The information and privacy practices of those applications or website and apps are not covered by this privacy policy. Although we are committed to protecting your personal information, we cannot control and do not accept any responsibility or liability for the privacy practices or content of such other applications or website and apps. We encourage you to read the privacy statements of each and every application or website and app that collects personal information. You are solely responsible for maintaining the secrecy of your passwords and other account information.
Location Information
You may choose to tell us your location when you enable your mobile device to send us location information. We may use and store information about your location to provide features of our services and to improve and customise the services, for example, to send you details based on your current location or visit to the shopping centre of relevant offers and promotions which we believe may be of interest to you.. We will obtain your consent to do so where required in accordance with applicable law. Please switch off the location tracking function on your device if at any point in your visit to the shopping centre you do not wish your location to be used to send you offers.
Direct marketing and your preferences
We may wish to provide you with information about new products, services, promotions and offers, which may be of interest to you and may invite you to take part in market research or request feedback on our products and services. This communication may occur by email, telephone, post, SMS and/or “push notifications”. We will obtain your consent where we are required to do so in accordance with applicable law. By downloading this App, you are agreeing to our use of your information as described in this paragraph. You can change your preference in relation to direct marketing at any time.
We take your online privacy very seriously, so if you need any assistance in unsubscribing to future communications please contact us at marketing@highcrossleicester.com We will promptly take action to ensure that you are “opted-out” from receiving any further mailing or other information. In such cases we would not necessarily remove all your personal data from our database(s) but would note and respect your changed direct marketing preferences Although we will remove your name from our e-mail list as quickly as possible, please recognise that there may be a reasonable period of time after you unsubscribe during which you may still receive e-mails from us.
Modifications of this policy
We may revise this Privacy Policy from time to time. You should re-read this policy from time to time to ensure you are happy with any changes. We will not materially change the way in which we use information we have collected about you. Where appropriate, we will ask for your prior agreement to any material or significant changes to the way in which we use information we have already gathered.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed via email to Marketing@highcrossleicester.com
2. Terms & Conditions of Use
Please read these Terms and Conditions of Use carefully before using this App. By using this App, you signify that you have read and accepted these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, do not use this App.
Information Purposes Only
This App is owned by Hammerson and provides information of a general nature which is designed for information purposes only and should not be relied upon without making other inquiries appropriate to the circumstances. Any personal information you supply to us will be used as set out in our Privacy Policy above. You undertake that all details and information you provide to us for the purpose of registering on the App are correct.
We will use reasonable endeavours to ensure that the information contained on the latest version of the App is accurate and up to date. We will not be liable for any errors or omissions in relation to the use of any version of the App which is out of date and do not represent or warrant that the information contained in any current or future version of the App is complete or error-free.
Modifications of these Terms and Conditions of Use
We may change, edit, delete or revise the content of the App from time to time, including these Terms and Conditions of Use. You should re-read these Terms and Conditions of Use from time to time to ensure you are happy with any changes. Your use of the App after a change has been posted constitutes your acceptance of the amended Terms and Conditions of Use.
Intellectual Property
All materials presented on this App , including without limitation, any logo, design, text, graphic, and their arrangement, are licensed to or owned by Hammerson or other companies in the Group (as defined in our Privacy Policy) or the owners of shopping centres managed by the Group or Hammerson. Your use of the App grants no rights to you in relation to the intellectual property rights of the Group or the intellectual property rights of third parties. Unless we indicate otherwise, you must not modify, copy, distribute, translate, broadcast, perform, frame, reproduce, republish, display, post or transmit any material or intellectual property from our 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 agree not to change or delete any ownership notices from materials downloaded from the App.
You may access and use the materials on this App for your own personal, non-commercial use only and you shall not (and shall not permit others to):
reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the App;
modify, translate, adapt, alter, or create derivative works from the App;
copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the App; or
distribute, sublicense, rent, lease or loan the App to any third party or grant any third party access to or use of the App,
except if and to the extent only that any such activities are expressly permitted under the Copyright, Designs and Patents Act 1988 (as amended).
User Conduct
In accessing this App, you must not:
disrupt or interfere with the App or any services, system resources, accounts, servers or networks connected to or accessible through this App or linked website and apps or applications;
disrupt or interfere with any other user's enjoyment of this App or linked website and apps or applications;
attempt to obtain unauthorised access to this App or parts of this App that are not opened to public access;
do any act or thing that may bring Hammerson or any companies within the Group into disrepute;
transmit to or via this App any material that may infringe the intellectual property rights of any third party or breach confidentiality obligations to any third party; or
commit or permit any other person to commit any act or omission that is illegal or immoral.
In addition, you agree that you are solely responsible for actions you have undertaken or transmitted through this App.
Links to Third Party Website and apps and Applications
Hammerson is not responsible for the contents of any third party website and apps or applications and shall not be liable for the contents of such website and apps or applications. Any links to other website and apps or applications are provided by way of convenience only, and does not imply our approval or endorsement of the linked website and apps, applications or any association with their operators.
Third party applications and website and apps are likely to have their own terms and restrictions on how you may use the content on those website and apps and applications. You should ensure you read and comply with the terms of those website and apps or applications before using them and direct any questions or comments about the linked website and app’s or application’s contents to the relevant provider.
Disclaimer and Limitation of Liability
We reserve the right to make any change to the information appearing on the App, including without limitation changes to any concept, design elements, diagrams and layout of, and the positioning of tenants at the shopping centre, at any time without giving notice.
We do not and cannot guarantee that this App or the server that operates is free of:
errors;
viruses or other corrupted materials; or
occasional outages or disruption of services, which prevent you from either accessing this App or other third party website and apps or applications via this App.
This App and the information, services, products and materials available through it are provided on "as-is" and "as available" basis, and we give no warranty, representation or condition of any kind as to the accuracy or completeness of this App, either express or implied, to the extent permitted under any applicable law. Further, no warranty is given that the App will be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of any interruption or unavailability. Your use of this App including all content, data or software distributed by, downloaded or accessed from or through this App, is at your own risk. We do not warrant that the use of this App or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer or device virus infection. You should take regular back-up copies of data and use appropriate anti-virus software and firewalls before downloading information or images from the App and Hammerson cannot accept any liability arising from your failure to do so.
Subject to the final paragraph of this section below, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the App, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:
any indirect, special or consequential losses;
any losses or damages arising out of changes made to the content of this App by unauthorised third parties;
any loss of business, data, profits, revenue, goodwill, use or anticipated savings;
loss or damage to your, or any third party’s, data or records; or
any delay in, or failure of, performance of our obligations under these Terms and Conditions of Use arising from any cause beyond our reasonable control including but not limited to any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
Except as expressly provided in these Terms and Conditions of Use, we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
We do not seek to exclude or limit our liability to you for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Applicable Law
These Terms and Conditions of Use and any non-contractual obligations arising out of or in connection with them are governed by the laws of England and the English courts shall have exclusive jurisdiction with respect to all disputes arising under or in relation to them.
Termination
We reserve the right, without notice and in our sole and absolute discretion, to discontinue and terminate any service offered by or through this App as well as this App at any time. Severability
If any provision of these Terms and Conditions of Use is deemed invalid, unlawful, void or for any reason unenforceable by a court, then that provision will be severed from the rest of these Terms and Conditions of Use, and it will not affect the validity and enforceability of the remaining provisions.
Contact Details
If you would like to contact Hammerson our contact details are as follows: Hammerson Marketing, Hammerson Plc, Marble Arch House, 66 Seymour Street, London, W1H 5BX
Competition Terms and Conditions All prizes must be collected in person from Highcross Leicester. ID may be required.
Standard 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 Highcross, its agencies, owners or anyone else professionally associated with this promotion. Highcross 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. You must register with the Highcross website and app to enter online competitions. 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 Highcross or a co-promoter in a random draw within 5 days of the closing date from all valid and correct entries received.
7. Highcross reserves the right to disqualify late, misdirected, incomplete, corrupted, lost, illegible or invalid entries.
8. For online entries: Highcross cannot guarantee continuous, uninterrupted or secure access to the website and app and is not responsible for any disruption to the promotion or the website and app due to technical problems or otherwise due to events outside of its reasonable control.
9. To enter online we will ask you to either submit your existing Highcross username and password or to register your personal details with us. Your personal details will be used in accordance with Highcross Privacy Policy and may be passed to our agents to administer the promotion and send out prizes. Personal details will only be used for marketing purposes if you have opted to receive information from Highcross and/or any of its co-promoters (you may have already done this if you have registered your details with Highcross previously).
10. Prizes must be collected from Highcross within 2 weeks. If any prize cannot be collected within the given timescale, Highcross reserves the right to select an alternative winner or re-distribute the prize in a future competition or prize draw. Highcross has no responsibility to anyone who has not collected the prize and no compensation will be due.
11. If we require a response before we award any prize and no response is received after we have made reasonable efforts to make contact, Highcross reserves the right to withdraw prize entitlement and award the prize to someone else. Highcross has no responsibility to anyone who has not responded and no compensation will be due.
12. No cash or other alternative prizes are available, except when in the event of circumstances outside of its control Highcross reserves the right to substitute a prize of equal or greater value. Prizes cannot be transferred or sold.
13. Highcross 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.
14. Highcross reserves the right to modify, suspend, cancel or terminate the promotion or extend or resume the entry period 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 Highcross suspects that any person has been manipulating entries or the results or has acted unethically in any other way.
15. If we require a response before awarding any prize and no response is received within a reasonable period of time, Highcross reserves the right to withdraw the prize entitlement and will award the prize to a substitute winner.
16. In the event that Highcross wishes to contact you in connection with your entry we will do so via an email ending in Highcross or by phone with a follow up e-mail. Any email which appears to come from Highcross but using a different suffix should be treated with suspicion and forwarded to marketing@highcrossleicester.com for verification. Please do not respond or act on any e-mail if you are not sure that it comes from Highcross . If you are in any doubt please contact Marketing.
17. Winners may be required to participate in reasonable related publicity without further payment or permission. Highcross may publish first name, surname initial, age and/or town/city in printed or digital communications.
18. Winners entering via Highcross 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.
19. 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.
20. Any images on the website and app are for illustration only.
21. The judge’s decision is final and we reserve the right not to correspond on any matter.
22. The laws of England apply and any disputes will be dealt with in the English courts only.
23. Standard terms & conditions to be read in conjunction with specific terms and conditions available on each web page. Specific T&Cs take precedence where the two sets diverge.