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Disclaimers (a) There may be technical inaccuracies, errors, programming bugs or computer viruses in the website where the retailers business information is displayed, or its content. Winston Hills Mall (WHM) and its respective contractors, employees or agents, make no representations (a) about the accuracy, completeness, currency or suitability of the information, links or other resources provided on the website (b) that the general public’s access to the website will be uninterrupted or error-free (c) that the website or the server/s which store and transmit data to the user is free of viruses or any other harmful components. (b) WHM takes no responsibility for use of presentations in the website by persons engaged in mass email, spamming activities, denial of service attacks or other like activities. (c) Except as expressly provided in these terms and conditions or by law, WHM and their contractors, employees or agents exclude: (a) warranties whether express, implied, statutory or otherwise, relating in any way to the website or use of the website including information accessed at or via the website or any partner site; and (b) liability (including for negligence) to the Retailer or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss or corruption of data) arising from, or in connection with, any use of the information on, or accessed through, the website, or any place where Retailer information is displayed, for any reason whatsoever. (d) Care has been taken in compiling the website. However, as the website is compiled using information provided by a range of other sources, WHM does not warrant or represent that the website is free from errors or omissions, duplicate data, that the statements made by or attributed to a party are accurate. (e) WHM is not a supplier of or agent for the supply of the retailers goods, services or products. Accordingly, all enquiries for supply should directed to the Retailers. (f) Casual mall leasing disclaimer - the information contained in the mentioned section of this website is believed to be accurate at the time of compilation. All liability for errors or omissions, however arising is expressly disclaimed. All interested parties should make their own enquiries to verify the information. Estimation and recording of customer traffic is through electronic traffic recording collection systems.
Links to Third Party Information and sites (a) The website may contain, among other things, information provided by third parties as well as links to third party websites and/or other third party. (b) All information accessed at or via the website is provided 'as is' without any express or implied warranty. WHM and their contractors, employees or agents take no responsibility for the content, Third Party Resources or Internet sites that link from, or to, the website. WHM does not have a practice of monitoring or making inquiries about the content of Third Party Resources. WHM is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Resources, their content or any products or services, which they offer. (c) Content contained on Third Party Resources does not represent the views of WHM.
Terms and Conditions Visiting & Using this website 1. You should assume that all contents of the website are copyrighted unless otherwise noted and may not be used as except as provided herein. You may freely browse the website and download material there from. You may use downloaded materials for personal, non-commercial use. You may not, however, distribute, modify, transmit, reuse, re-post or use any of such materials for public or commercial purposes, without the express written permission of WHM. 2. Images of people or places displayed on the website are either the property of, or used with permission by, WHM. The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission provided elsewhere on the website. Unauthorised use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes. 3. Your use of the website is at your own risk. WHM is not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, the website. This includes damages to, or for viruses that may infect, your computer equipment. Without limiting the foregoing, everything on the website is provided to you "AS IS" and without any warranties whatsoever of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. 4. Any communication or material that you transmit to, or post on, the website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and non proprietary information. WHM may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, WHM and its associated companies, are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the website for any purpose whatsoever, including, but not limited to, developing and marketing products. Further, if you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. 5. Nothing contained in this website should be construed as granting, by implication, estoppels or otherwise, any license or right in and to the Trade Marks without the express written permission of WHM. Your misuse of the Trade Marks on the website and in its contents, except as provided in these Terms and Conditions, is strictly prohibited. You are advised that WHM will aggressively enforce its intellectual property rights in the website and its contents to the fullest extent of the law, including by seeking criminal sanctions. 6. WHM has not reviewed all of the sites that may be linked to the website and is not responsible for the content of any other sites linked either to or from this website. Your utilisation of such links is at your own risk. 7. Although WHM may, from time to time, monitor or review the transmissions on the website, WHM is under no obligation to do so. WHM assumes no responsibility or liability arising from the content of the website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the website. 8. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law. WHM will fully cooperate with any law enforcement authorities or court order requesting or directing to disclose the identity of anyone posting any such information or materials. 9. WHM reserves the right to alter or delete material from the website at any time and will not be liable in any way for possible consequences of such changes. 10. WHM may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current Terms and Conditions. Membership to the Customer Club & Rewards Club 1. Entry to the Customer Club or Rewards Club (CC& RC) is allowed only by the agreement to these Terms and Conditions. 2. The Club Member agrees to receive promotional and marketing material that WHM may forward via electronic or other means. 3. WHM collects personal information on members of the CC & RC. All information provided by the member is managed under the WHM Privacy Policy described in full in the Privacy Policy section of this website. 4. All promotional offers to members will only be offered in accordance with the terms and conditions for those promotional offers. 5. Promotional offers may change and it is the member’s responsibility to check whether a promotional offer is available on a participating product. WHM makes no guarantee as to the availability of any promotional offers. 6. The member hereby irrevocably holds harmless WHM it’s related bodies employees directories, suppliers and agencies from all claims, suits, demands, actions, proceedings which the member has or in the future may have against WHM. 7. To the extent permitted by law, WHM will not be liable for any delays, disruptions, omissions or errors in the membership including technical or mechanical malfunctions, and will not be liable for any loss caused by any such delays, disruptions, omissions or errors. 8. The member acknowledges and agrees that all decisions pertaining to the membership rest solely with WHM and its decision is final. 9. Without in any way limiting the operation of, and in accordance with Clause 7, WHM in its sole discretion can at all times change or amend these Terms and Conditions, change or amend, withdraw or cancel any promotional offer to members, exclude a member from or cancel a membership without prior notice. 10. WHM gives no warranty as to the continuing availability of the CC & RC and may in its absolute discretion, at any time cancel the programs in whole or in part upon reasonable notice. 11. Without limiting Clauses 8 and 9 in any way, Members will be taken to have received notice of any changes to these Terms and Conditions if WHM notifies the Member of the changes by any method including but not limited to the use of email and or posting details of the changes on the WHM website. 12. To the extent permitted by law, WHM is not liable for any loss or damage suffered by Members resulting from such withdrawals, cancellations variations or changes arising from the Programs.
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