Terms & Conditions

These Website Terms of Use apply to this website which is operated by Workman Facilities Management under the www.touchwoodsolihull.co.uk domain name (the "Website").

By proceeding beyond the homepage you agree to accept these Terms of Use and we agree to grant you a non-exclusive, non-transferable licence to use this Website in accordance with the conditions set out below. If you do not wish to be bound by these Terms of Use you should not continue using the Website.

We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on this Website for new users. Existing users will be bound by the amended Terms of Use after the expiry of 30 days following the date of publication of the amended Terms of Use on the Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use as amended. You may access these Terms of Use at any time by accessing the link to them which appears at the bottom of each page of the Website.

In addition to the provisions of these Website Terms of Use, there may also be specific and additional terms that apply to certain sections of this Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Website Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.

Touchwood Free Prize Draw Terms & Conditions

1. To enter Touchwood’s Free Prize Draw you need to register your personal details online at www.touchwoodsolihull.co.uk between 1st and last day of each month.
2. All registrations received up until 11.59pm on the last day of each month will qualify for the prize draw. There is only one prize.
3. There will be one winner selected at random from all registrations.
4. To qualify the registration must include all the following details:
   1. The entrant's name
   2. Address
   3. Telephone no.
   4. Email address
5. By giving us your email address you are consenting to receive email communications from Touchwood.
6. The winner will receive a giftcard worth £250 to spend at any of the stores within Touchwood Shopping Centre, Solihull, B91 3GJ.
7. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual's prior consent.
8. No purchase necessary.
9. All entrants must be UK resident, aged 18+.
10. The winners' details will be available from the Touchwood Management Offices.
11. Winners may not request and are not entitled to a cash alternative to their prize and their prize is non-refundable and non-transferable.
12. The prize will be dispatched to the winner within 30 days of the draw date.
13. The Promoter will not be liable if a prize cannot be taken by a winner for any reason beyond the control of the Promoter. Return of prize notification as undeliverable or failure to respond to a prize notification within a reasonable time will result in disqualification and an alternate winner may be selected at the Promoter's discretion. In the event that a winner declines his or her prize the Promoter may elect, at its own discretion, to select an alternate winner.
14. The promoter's decision is final and no correspondence can be entered into.
15. Free Prize Draw promoter is Touchwood, The Hub, Touchwood, Solihull, B91 3GJ.
16. The winner may be required to become involved in future publicity and photographs of the winner may be used in the press and promotional materials. By entering the draw you hereby assign all copyright which you may own in your entry to the Promoter and you acknowledge that the Promoter will own all the copyright in your entry. Copyright of publicity will belong to the promoter Touchwood, The Hub, Touchwood, Solihull, B91 3GJ.
17. Employees of Touchwood and their immediate family members, associated agencies or anyone else professionally connected with this promotion are not eligible.
18. Only one registration per person to the prize draw is permitted. The number of registrations per household is not restricted.
19. The Promoter accepts no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to registrations, or registrations lost, incomplete or delayed whether or not arising during operation or transmission as a result of server failures, virus, bugs or other causes outside its control. All lost, damaged or incomplete registrations will be deemed invalid. Proof of registration shall not be proof of delivery or receipt.
20. By entering the draw, you hereby warrant that all information submitted by you is true, current and complete.
21. Please refer to the terms and conditions on line at www.touchwoodsolihull.co.uk for how to use your giftcard.
22. By entering the draw, all entrants are deemed to accept all the terms and conditions. The Promoter may, at its sole discretion, change the dates of entry into the draw and/or the dates on which the draw will be promoted and the Promoter reserves the right to alter, amend or withdraw these Terms and all other terms and Conditions and/or the Competition without prior notice.
23. These terms and conditions are governed by and construed and performed in accordance with the laws of England and Wales, whose courts shall be the courts of exclusive jurisdiction.

Copyright and submitted material

All materials and information on this Website including without limitation any logo, design, text, graphic and their arrangement ("Content") are licensed to or owned by Touchwood. Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior permission or the written permission of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.

You acknowledge and agree that if you contribute Content to the Website, such Content will become our property and you hereby assign all rights, title and interests in and to such contributions to us.

Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (collectively "Feedback"), will be deemed to be non-confidential. We have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback. We reserve the right to disclose your identity to any third party who is claiming that any material posted by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We may, but we are not obliged to, screen or monitor the Content or Feedback on the Website. We reserve the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the Terms of Use), or for no reason at all.

Links

We may provide links on this Website to the websites of third parties. However, you acknowledge and agree that we have no control over and do not monitor these third party websites. We make no representations about and cannot accept any liability for these websites. A link to a third party website does not mean that we endorse the content of that website. Your access to third party websites may be governed by their own terms of use.

You may not create a link to this Website from another website or document without our prior written consent.

Cookies

Like many major websites, the Websites use “cookies” which store some information on computers accessing the Websites.

A cookie is a small file of letters and numbers that we put on your computer. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our site. We use the following cookies:

Cookie: Google Analytics
Name(s): __utma, __utmb, __utmc, __utmz

These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.

More information from Google can be found here: http://www.google.co.uk/intl/en/analytics/privacyoverview.html

You can opt-out of all Google Analytics cookies by installing a browser add-on, available here: http://tools.google.com/dlpage/gaoptout?hl=en-GB

Cookie: SagePay
Name(s): JSESSIONID, NSC_wjq-tbhfqbz-dpn

Used to track the user's progress through the giftcard ordering process.

Please refer to the SagePay privacy policy for more information: http://www.sagepay.com/privacy_policy

Cookie: Gift Card Popup
Name(s): popUpAd_AskMeLaterGiftCard, popUpAd_DontAskAgainGiftCard

Used to track the user's response to the promotional Gift Card popup shown on some pages of the website.

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org

User conduct

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.

In accessing this Website, you must not:

• disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;
• disrupt or interfere with any other user's enjoyment of this Website or linked websites;
• use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our prior written permission;
• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;
• reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
• use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene;
• engage in any kind of illegal, criminal or tortious activity through the use of the Website, including infringement of any third party intellectual property rights (including without limitation copyright, trade marks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;
• attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access;
• or post or transmit to or via this Website any defamatory, derogatory or offensive material or publication.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

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. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Indemnity

You agree to indemnify and hold us (and our related bodies, corporate directors, officers, employees, agents and contractors) 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 use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties.

Warranties and disclaimers

The Content and this Website are provided "as is" and "as available". To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement. We do not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it. You assume the entire cost of all necessary servicing, repair, or correction. We do not warrant or make any representations regarding the use or the results of the use of the Content or this Website in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

We reserve the right to make any change to the Content without notice. We may also make improvements or changes to information described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.

The Content may contain general information about our products and services. Unless expressly stated otherwise, the Content does not:

• constitute an offer or inducement to enter into a legally binding contract;
• form part of the terms and conditions for our products and services;
• take account of your particular financial position or requirements.

The Website may include information about stocks and their prices. The information made available on stock prices on the Website does not reflect the current or "real time" price of the stock. Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described.

Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

Limitation of liability

Subject to any responsibilities implied by law and which cannot be excluded (including without limitation our liability for death or personal injury resulting from our negligence or for fraudulent misrepresentation), we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on us, or implied into these Terms of Use, under any law are hereby excluded.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the any legislation which may not be excluded, restricted or modified by agreement.

Termination and suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

Business reorganisation

You agree that these Terms of Use and all incorporated agreements appearing on this Website and elsewhere may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or any other event.

Severability

If any parts of these Terms of Use are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Terms of Use and it will not effect the validity and enforceability of the remaining provisions.

Waiver

No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Currency

A reference to "£" or "pounds" throughout this Website is a reference to English currency, unless stated otherwise.

Applicable Law

The applicable law relating to the content, access and use of this website is that of England and Wales unless the law of another country applies by operation of any statute or regulation. Use of this website indicates your irrevocable and unconditional consent to submit to the exclusive jurisdiction of the Courts of England and Wales.