Terms and conditions

Terms and conditions of use


1. About Derwent and these terms and conditions

1.2. These are the terms and conditions of use (“Terms”) which govern access to and use of the Wavertree Retail Park website (“Website”). These terms form a legally binding contract between you and Derwent (“Derwent”), and govern your use of the Website. You should read these terms alongside our Privacy Policy.

1.3. By accessing, using and downloading the Website you are indicating your acceptance to be bound by these Terms and you re-affirm that acceptance every time you access the Website. These Terms are occasionally updated so you should return to this page and read it through again from time to time. The last time Derwent updated these terms was on 17 July 2019.  Your use of the Website will be taken as your acceptance of the latest version of these terms.

1.4. Regulatory information required by the Electronic Commerce (EC Directive) Regulations 2002:

Company name, registered number and place of registration: Derwent (company number 004525F), registered in the Isle of Man whose place of business is: Derwent, 3 Denmark Street, Goose Green, Altrincham, WA14 2SS- 0161 703 2855

2. Privacy

Your privacy is important to us. Our Privacy Policy explains what information Derwent collect and how Derwent will use and protect it. Our Privacy Policy can be found here and is hereby expressly incorporated into these Terms.

3. Website availability

The Website is provided free of charge and Derwent makes no guarantee that it will be uninterrupted or error free. Derwent reserves the right to modify, supplement, move, delete, suspend or withdraw the whole or any part of the Website at any time without notice and without incurring any liability. 

4. Disclaimer

4.1. Please note that you access and use the Website at your own risk. Derwent is not responsible for any type of loss or damage which you may sustain as a result of accessing and using the Website. 

4.2. Derwent assumes no responsibility for the contents of any other websites to which the Website may have links and if you access any such linked websites you do so at your own risk. Derwent’s inclusion of links to such websites does not imply any endorsement by Derwent of the materials on such websites. 

4.3. Derwent does not permit any third party to operate a link to the Website nor does it permit any third party to frame the Website without obtaining Derwent’s prior written consent.

4.4. The Website is accessed via the world-wide web which is independent of Derwent. Your use of the world-wide web is at your own risk and subject to all applicable national and international laws and regulations. Derwent has no responsibility for any information or services obtained by you on the world-wide web. 

5. Use of the Website and intellectual property

5.1. Subject to these Terms, Derwent grants you a limited, revocable, non-exclusive, non-transferable, non-assignable personal right to access and make use of the Website. 

5.2. All copyright and other rights (including, without limitation, database rights, patents, trademarks (whether registered or unregistered), designs, know-how, confidential information and all other intellectual property rights whether in England or any other country) in and to the Website and its content (“the Content”) are owned by or licensed to Derwent or are otherwise used by Derwent as permitted under applicable laws. 

5.3. The brands and logos of the retailers or other occupiers together with any images of their products and other website content, are owned by them and their licensors.

5.4. You agree not to copy, reproduce, store in any medium (including in any other websites), distribute, transmit, modify, alter, disseminate, create derivative works from all or any part of the Website or edit any part of the Website without obtaining Derwent’s prior written consent.

5.5. Derwent reserves the right to make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.

5.6. If you use the Website in any way that results in damage to Derwent, you will need to take responsibility for such damage. You agree to indemnify and keep indemnified Derwent and our officers, employees and licensors from and against any and all losses as a result of your access or use of the Website and/or breach of these Terms.

6. Specific prohibitions

6.1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website nor may you attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.

6.2. You agree to use the Website for lawful purposes only and in a manner that does not infringe the rights of, or restrict the use of the Website by, any third party.

6.3. You may not:

6.3.1. use the Website for anything illegal or immoral, including the sending of any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive, infringes intellectual property rights or the rights of any person, or which, in Derwent’s opinion is contrary to the standards of behaviour that Derwent expect from users of the Website or which may have a detrimental impact upon Derwent’s reputation;

6.3.2. use the Website to transmit any data that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code; or

6.3.3. create links to the Website from any other website without Derwent’s prior written permission.

7. Third party offers

7.1. From time to time, certain promotions and offers operated by third parties may be provided to you via the Website (“Offers”). Any such Offers may have their own applicable terms and conditions which you will be required to enter into and comply with if you wish to gain any benefit from such Offers.

7.2. Offers provided via the Website may change or be withdrawn at any time. 

7.3. The third party operating any Offer provided via the Website (the “Supplier”) shall be responsible for making you aware of the terms and conditions applicable to that Offer. The Supplier shall be solely responsible for the fulfilment of the Offer and Derwent shall not have any liability under or in respect of an Offer or in relation to the goods or services supplied as part of an Offer whatsoever.

7.4. In the event that you have any complaints or queries relating to an Offer, a Supplier of any products or services provided by a Supplier as part of an Offer, you must direct such complaints and queries to the Supplier direct, not to us. The Supplier shall be responsible for ensuring that your complaint or query is resolved reasonably, quickly and efficiently.

8. Liability

8.1. The Website and the Content are provided for general information purposes only and Derwent cannot guarantee that the Content will be completely up to date and free of errors. 

8.1. Derwent makes no warranties, representations, claims and/or undertakings (express or implied) in respect of the Website and the Content (including, without limitation, the accuracy, timeliness, correctness, integrity, fitness for purpose, originality, reliability, suitability, quality, availability or completeness thereof). 

8.2. Derwent excludes all liability (other than for fraudulent misrepresentation, death or personal injury caused by its negligence or anything else Derwent is not allowed to exclude under applicable law) in relation to the Website and the Content, whether such liability arises in contract, tort, negligence, breach of statutory duty or otherwise (including, without limitation, liability in respect of any losses, damages, costs or expenses of any nature whatsoever incurred or suffered by you of an indirect or consequential nature, such as loss of profits, data, business or goodwill). 

8.3. Derwent makes no warranties, representations, claims and/or undertakings (express or implied) that any or all of the Content may be lawfully viewed or downloaded outside England and Wales and unless otherwise specifically stated, the Content and the Website is directed solely at consumers and/or businesses who access the Website from England and Wales. Access to such materials may not be legal by certain persons or in certain countries. If you choose to access the Website from outside England or Wales, you do so at your own risk and are responsible for compliance with the local laws governing websites and internet use.

8.4. Derwent is not responsible for the retailers or other occupiers listed on the Website, for your orders or deliveries, or for their products and services, or any related problems you may suffer. Derwent shall have no obligation to bring any proceedings on your behalf, or fund any action you may bring against a retailer or other occupier. 

8.5. Where the Website contains details provided by third parties (such as information about shops or restaurants, including, without limitation, opening hours and location details), Derwent makes no warranty, representation or claim that those details are up to date or accurate. 

8.6. Derwent may provide links to other websites or resources, including to retailer or occupier sites on the internet through the Website. Derwent has no control over such websites or resources. You agree that Derwent are not responsible for the availability of other external websites or resources and are not responsible for any content, advertising, products, or materials on or available from such websites or resources. You access the other linked websites and resources at your own risk.

8.7. If you are dissatisfied with any portion of the Website, or with any of these Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the Website.

9. Computer viruses and errors

9.1. Derwent makes no warranty, representation or claim that the Website does not contain or promulgate any errors, viruses, bugs, other malicious code or harmful components and will be uninterrupted. It is your responsibility to use a firewall and virus check all materials downloaded from the Website and regularly check for the presence of errors, viruses, bugs, other malicious code, and harmful components.

9.2. Derwent excludes to the fullest extent permitted by applicable laws all liability (other than for fraudulent misrepresentation, death or personal injury caused by its negligence or anything else Derwent is not allowed to exclude under applicable law) in connection with any damage or loss caused by errors, viruses, bugs, other malicious code or harmful components originating or contracted from the Website and any interruptions in the running of the Website.

10. Termination

Derwent shall have the right to immediately terminate your use of the Website if Derwent determines in its sole discretion that you have breached these Terms or have otherwise been engaged in conduct which Derwent determines in its sole discretion to be unacceptable.

11. General

11.1. These Terms are governed and construed in accordance with English law. You and Derwent each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising out of these Terms. Nothing shall prevent Derwent from bringing proceedings to protect its intellectual property rights before any competent court.

11.2. These Terms include everything Derwent has agreed with you about the Website and your use of the Website.  No other terms or conditions apply (other than our Privacy Policy).

11.3. If any part of these Terms is unenforceable for any reason then it will be removed and the remaining terms shall survive.

11.4. If Derwent fail to enforce any of these Terms, or delay in doing so, it does not waive its right to do so.

11.5. These Terms may not be changed by you unless Derwent agree in writing.

11.6. Other than by any other members of the Derwent group of companies, none of these terms will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

12. Feedback

12.1. We welcome your feedback regarding our Website and services.  We do not, however, accept confidential or proprietary information. All feedback, suggestions, ideas, materials, information and other submissions disclosed, submitted or offered to Derwent (collectively, “Submissions”) are not confidential and will become and remain our property. Derwent will not be liable for any use or disclosure of any Submissions. Submissions by you must not violate any right of any third party, and must not contain any libellous, abusive, obscene or otherwise unlawful material.

12.2. Should you wish to make any comments or have any questions relating to the Website or the retail park, please contact Derwent via:

Telephone: +44 (0) 1624 661 662
Email: enquiries@thederwentgroup.com

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