Terms & Conditions of Use
- Operator
This website and the contact centre is operated by POP Retail (registered in England 5130940) whose registered office is C/O Sherrards Solicitors, 1-3 Pemberton Row, London, EC4A 3BG (“POP Retail“).
- Licence
2.1 POP Retail grants you a non-exclusive licence to use this website upon the following terms and conditions (“T’s&C’s“). These T’s&C’s also apply to any use of our services made via any call centre operation or otherwise provided by POP Retail and by using the website, the call centre or any other method you accept these without limitation or qualification.
2.2 POP Retail at its sole discretion may, at any time and without notice, terminate this licence, change the information provided within this website, modify these T’s&C’s and/or withdraw this website. You should review these T’s&C’s regularly.
2.3 The intention of this website and all services that are provided in respect of it, including those provided via any call centre POP Retail provides, is to enable you to identify venues which have registered with POP Retail where space may be available from time to time. The website and our services also provide details of the space available at the relevant venues in order that you may make contact with them (either via this website or a contact centre) with a view to licensing space. Under no circumstances does POP Retail enter into any contract with you in connection with any space, property or any other goods and services which may be advertised on this website.
2.4 This website and the call centre should only be used by business customers. If you are not a business customer please contact the POP Retail help-line on 0844 770 2352.
- Materials on this Website
3.1 This website contains material which is owned by or licensed to POP Retail. This material includes, but is not limited to, data about venues, the design, layout, look, appearance and graphics. The material is protected by intellectual property laws including, but not limited to, copyright owned by POP Retail. Trade marks, logos and other intellectual property used in connection with this website are the property of POP Retail or third parties. Except as set out in clause 3.3, no licence of any such intellectual property rights is granted to you as a result of your use of this website.
3.2 This website contains material concerning venues where, from time to time space may be available for you to use. As this material has been provided by the venue(s) concerned and as this service is being provided free of charge to you, except as set out in clause 7.3, POP Retail shall not be liable to you in respect of any losses incurred by you arising from any actions or omissions of POP Retail or by you in relying upon this material. To this end you agree and acknowledge that the material on this website is subject to change at any time by either the venue or by POP Retail (to, for example, correct any errors in the content) and that POP Retail shall not be liable to you for the consequences of any such change(s) whenever made. All material is provided on an “as is” basis and no warranties whatsoever are given by POP Retail.
3.3 You may view, use, download and store the material on this website for the purpose of deciding whether or not you wish to offer to licence space only. The extraction, amendment, re-distribution, re-publication, or otherwise making available of the material on this website without the prior written consent of POP Retail is prohibited. Deep-linking into this website is not permitted.
3.4 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- Venue Information
4.1 The information in this website is given in good faith and to assist you in deciding whether or not to book space at a venue. The venue information has been provided by the relevant venue and is subject to change without notice.
4.2 The information is meant as an approximate, non-binding summary of the position regarding your account with us based on our records. POP Retail cannot and does not guarantee this accurately reflects the position between you and the relevant venue.
4.3 Except as set out in clause 7.3, POP Retail is not responsible for any inaccuracies and makes no representation and gives no warranty as to the accuracy of the information
4.4 Unless indicated otherwise, the venue information in this website has not been independently verified by POP Retail.
4.5 Any arrangements made between you and any venue named or referred to on the website are entirely at your sole risk and responsibility.
4.6 Nothing on this website is intended to be, nor should be construed as, an offer to enter into a contractual relationship between POP Retail and you in respect of any space. All agreements will be between the relevant venue and you upon the relevant venue’s terms and conditions. POP Retail is not (and does not hold itself out as being) an agent of the venue or any third party and has no authority to bind any venue or any third party in any circumstances other than expressly specified in clause 5.1 and 5.5.
- Booking Advertising Space
5.1 The information about the venues is updated regularly but there is a possibility that it may on occasions be out of date. You should only rely on a booking of space when you have received acceptance of your offer from the relevant venue whether communicated by the venue or POP Retail.
5.2 Once you have read and understood the information concerning the relevant venue and the space you are interested in you should check for availability of the space for the dates required by you. If the space is shown to be available then you may offer to licence the space on the relevant venue’s terms and conditions as indicated on this website. You should print off any keep safe a copy of the venue’s terms and conditions for each booking.
5.3 You may offer to license space by either following the process indicated on this website or by using the call centre between 0900-1730 Monday to Friday (excluding Bank Holidays) (described on the website as a “Working Day”).
5.4 Whilst POP Retail will endeavour to ensure availability of this website and the call centre it cannot give any warranty in respect of this or that there will be uninterrupted access to either.
5.5 After POP Retail has received your offer to purchase space which POP Retail’s records show is available at the requisite time, POP Retail will pass your details on to the relevant venue. By using the website or call centre you are authorising POP Retail to forward your offer to the relevant venue. The venue will then contact you to either accept or reject your offer either directly or via POP Retail. The venue has complete discretion in this regard. POP Retail shall not (subject to clause 7.3) be liable to you in respect of any losses you suffer as a result of any actual or purported acceptance or rejection of your offer at any stage and you hereby confirm that you waive any rights you have (or may at any time have) to bring a legal action against POP Retail regarding the same.
5.6 Please note, whilst POP Retail will endeavour to ensure that all timings indicated on this website regarding response times are adhered to, absolute adherence to the timing cannot be guaranteed as POP Retail depend upon third parties and these should be treated as estimates. For the avoidance of doubt, you should not assume there is an acceptance of your offer until you receive confirmation of this from the relevant venue communicated either by the venue or by us.
5.7 You will only be allowed to cancel your booking in accordance with the relevant venue’s terms and conditions, if at all.
5.8 Bookings by other means. If you use the call centre, fax service, email or any other method to book space then you are deemed to have read, understood and agreed to comply with these terms of use, the details about the relevant venue on this website and the relevant venue’s terms and conditions (as far as relevant and as depicted on this website).
- Linking
6.1 This website contains links to other websites. POP Retail accepts no responsibility or liability for the content of other websites which are not under the strict control of POP Retail. Any link is not intended to be, nor should be construed as, an endorsement of any kind by POP Retail of that other website.
6.2 You may not create a link to this website from another website or document without POP Retail’s prior written consent.
- Liability
7.1 POP Retail does not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site.
7.2 Except as set out in clause 7.3, POP Retail will be under no liability to you whatsoever whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or reliance on any information or other materials contained in this website, including, without limitation, as a result of any computer virus or any errors in the content of this website or any communication from us regarding the same.
7.3 These terms and conditions do not exclude POP Retail’s liability (if any) to you for personal injury or death resulting from POP Retail’s negligence for fraud or for any matter which it would be illegal for POP Retail to exclude or to attempt to exclude its liability.
7.4 Subject to clause 7.3, POP Retail’s entire liability in respect of any matter or series of matters arising out of or in connection with POP Retail’s provision of its service by this website, the contact centre or any other means shall be limited to £1,000 for each and every event or series of events.
- Privacy
POP Retail’s privacy policy can be seen by clicking on the link below. This privacy policy forms part of these terms and conditions.
- Complete Agreement
These terms and conditions (including the privacy statement referred to in clause 8) contain all the terms which you and POP Retail have agreed in relation to the use of the website and the call centre to supersede all previous contracts, arrangements, representations (other than fraudulent misrepresentation), terms implied by law, understandings between the parties whether written, arising from custom or orally.
- Invalidity
If any part of these T’s&C’s is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from these T’s&C’s and will be ineffective without, as far as is possible, modifying any other part of these T’s&C’s and this will not affect any other provisions of these T’s&C’s which will remain in full force and effect.
- Jurisdiction and acceptance of these terms and conditions
11.1 The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained in this website shall be governed by English law. The English courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
11.2 Your use of this service via the website, call centre or any other means indicates your acceptance of these terms and conditions.