Terms and Conditions for use OF WEBSITE AND APP
Effective Date: 25 May 2018
This website at www.wertheimvillage.com and the Wertheim Village application (“our Website”) is operated by Value Retail Management Germany GmbH (registered number Amtsgericht Mannheim HRB 570533), whose registered office is at Management Suite, Wertheim Village, Almosenberg, D-97877 Wertheim.
The provision of our Website, and your access to and use of our Website, is subject to and governed by all applicable laws and regulations and these terms and conditions (“these Terms”). Please read these Terms carefully. 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. If you do not agree with these Terms, please do not use our Website. If you use our Website, you will be deemed to have accepted, and will be bound by, these Terms.
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. Every time you use our Website, please check these Terms to ensure you understand the Terms that apply at that time.
- Privacy and Cookies. Our website Privacy Notice (available here) and cookie consent tool give more information about how your personal data is collected and used through our Website.
- Availability and Faults. Access to and use of our Website are provided and permitted on a temporary basis. The Website will not always be available and may have some faults. We are under no obligation to update any information contained on our Website. We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, our Website (or any portion or portions of it) and/or the information, materials, products and/or services available through our Website (or any portion or portions of it) with or without notice.
Our Website is 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.
- Ownership. Unless otherwise indicated, our Website including its 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 Website. All such rights are reserved.
The posting of our Website does not constitute a waiver of any right in or relating to our Website. Except as expressly granted in these Terms, you do not acquire any rights, title or interest in or relating to our Website.
- Use of our Website by You. We grant you a limited right to access and make use of our Website for your own use. You are not allowed to: reproduce, duplicate, copy, sell, re-transmit, distribute or otherwise exploit our Website 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 its contents; download or copy information for the benefit of another business; or use data mining, robots or similar data gathering and extraction tools.
You may print off reasonable copies, and may download extracts, of any page(s) from our Website. 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.
You must not misuse our Website by knowingly introducing viruses or other material, which is malicious or technologically harmful, attempt to gain unauthorised access to our Website, or attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report you to the relevant authorities for such acts.
Access to or use of our Website (or information, materials, products and/or services on our Website) 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 our Website (or information, materials, products and/or services on our Website) is appropriate or available for use in other locations outside Germany.
We reserve the right to suspend or terminate your access to our Website (or portions of it) at any time 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.
- Registration. From time to time, we may restrict access to our Website (or certain parts of it) to users who have registered with us. If you use areas of our Website that you need to register for (for example, registering to join Privilege), you are registering as a personal user of our Website 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 Website 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 Website;
- all data provided by you is accurate;
- you will not maliciously create additional registration accounts for the purpose of abusing the functionality of our Website or other users; and
- you will not seek to pass yourself off as another user.
If you sign up to a restricted or members’ only area of the Website then additional terms and conditions relevant to that area of the Website may also apply to your use of the relevant restricted or members’ only area of the Website. Please read those additional these terms and conditions carefully.
See our Website Privacy Notice to learn how you can access and update the personal data you provide us with.
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.
- Description of Products and/or Services and other Information. Nothing in our Website constitutes an offer to buy or sell products and/or services in any jurisdiction. Our Website is for information only. It is not possible to make a purchase through the Website directly – all products appearing on our Website may only be purchased in-store at the relevant village (subject to availability). All details, descriptions and prices of, and other information relating to, products and/or services appearing on our Website are of a general nature only. We do not guarantee that any product and/or service appearing on our Website is or will be available in stock at the relevant village at the time you wish to purchase any particular product and/or service.
We will take reasonable care to ensure that all information is correct at the time when such information was uploaded to our Website, but it may be inaccurate and incomplete and is subject to change. We therefore advise you to check information concerning a retailer with them or information concerning our products and services with us, and we are not liable for loss incurred by you from relying on information on the Website.
- Materials Submitted by You. Users of our Website may post content to or comments on, or otherwise submit material for publication in, various areas of our Website, 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.
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.
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.
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.
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.
- Competitions. From time to time, we may advertise and run competitions on our Website. 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 or otherwise participate in carefully.
- Third Party Websites. 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.
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.
We have some arrangements with carefully selected businesses, who may sell 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 Wertheim Village Gift Card. When you link through to some of these Third Party Websites they may still be framed by our Website or have 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 businesses 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.
- Links to Our Website. 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.
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.
- Exclusion of Liability. 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.
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 the Website or technical faults with the Website;
- 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.
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.
- Indemnity. 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. The Terms are governed by German 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 Germany, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in Germany, or in the EU country in which you live.
- General. 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.
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.
- Questions or Complaints. 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 Legal Team, Wertheim Village, Almosenberg, 97877 Wertheim, Fax +49 (0)9342 91 99 101 or by e-mailing us at firstname.lastname@example.org. On receipt of notice by you, we will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
If you have any questions or complaints regarding these Terms or any other matter, you may contact us by writing to us at Legal Team, Wertheim Village, Almosenberg, 97877 Wertheim, Fax +49 (0)9342 91 99 101 or by e-mailing us at email@example.com.