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Terms and Conditions

Terms and Conditions

Welcome to our web site (the “Website”), which is provided and maintained by The Tennis First Charitable Trust (no. 1075649) (who shall be referred in these Terms and Conditions as “we” or “us” and “our” shall be construed accordingly). The information and services available on the Website are subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

Privacy

Please read our Privacy Policy, which also governs your visit to the Website.

Descriptions

Any information provided on the Website is for general information purposes only. We try to ensure that all information provided on the Website is as accurate as possible and that information is correct (to the best of our knowledge) at the time of posting onto the Website and is reviewed regularly. However, to the fullest extent permitted by law, we do not warrant that any information available on the Website is accurate, complete, reliable, current, or error-free.

Offers

Any offers which we feature on the Website or in our newsletter are subject to the terms and conditions of the retailer. We try to ensure that any information regarding offers is as accurate as possible. However, to the fullest extent permitted by law, we do not warrant that any information regarding offers is accurate, complete, reliable, current, or error-free.

Intellectual Property

All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is our property or the property of our associated companies or the retailers who operate at the Peterborough Garden Park site. The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are either (i) our registered and unregistered marks or the registered and unregistered marks of our associated companies or (ii) the property of their respective owners (including the retailers who operate at the Peterborough Garden Park). Except as set forth in the limited licence in the clause headed “Limited Licence” below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

Limited Licence

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent. The limited licence set forth in this clause does not include the right to: (i) modify or download the Website or its contents (except caching or as necessary to view content); (ii) make any use of the Website or its Content other than personal use; (iii) create any derivative work based upon either the Website or its Content; (iv) collect account information for the benefit of another party; (v) use any meta-tags or any other “hidden text” utilising our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only.

A website that links to our Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Website other than the home page. We reserve the right to monitor any pages containing such hyperlinks to check that you are complying with this licence and we may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Any unauthorised use by you of the Website terminates the limited licence set forth in this clause without prejudice to any other remedy provided by applicable law.

Third Party Links

We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us or any of our associated companies of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.

Submissions

We welcome enquiries or feedback on the Peterborough Garden Park or the retailers who operate there. However it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any enquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our privacy policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.

Representations and Warranties; Limitation of Liability

THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR ANY INFORMATION OR SERVICES PROVIDED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS OR THAT ANY INFORMATION PROVIDED IS FREE OF ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, UNER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS AND LOSS OF SOFTWARE OR DATA, RESULTING FROM OR ARISING OUT OF THE MATTER SET OUT HEREIN, WHETHER A CLAIM FOR SUCH DAMAGE IS BASED UPON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE. IN ANY EVENT OUR MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED POUNDS STERLING (£100.00). WE SHALL NOT BE LIABLE FOR ANY DEFAULT ARISING DUE TO ANY ACT OF GOD, WAR, TERRORIST ACTION, STRIKE, LOCKOUT, INDUSTRIAL ACTION, FIRE, FLOOD, DROUGHT, TEMPEST OR ANY OTHER EVENT BEYOND OUR REASONABLE CONTROL.

Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

General

These Terms and Conditions shall be governed by the laws England and Wales and you hereby submit to the exclusive jurisdiction of the courts of England and Wales. You acknowledge and agree that these Terms and Conditions, together with our privacy policy, constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede all previous agreements. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. Nothing contained in these Terms and Conditions shall be construed as creating any agency or partnership between us. Our failure to enforce at any time or for any period any one of more of these Terms and Conditions shall not be deemed to be a waiver of them or of the right at any time subsequently to enforce any of these Terms and Conditions nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any term or provision in these Terms and Conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of these Terms and Conditions and the enforceability of the remainder of these Terms and Conditions shall not be affected.