The website https://www.thebrunel.co.uk (“the site”) is a shopping centre website providing you with information regarding a wide range of services available at The Brunel Shopping Centre (“The Brunel”).
1. The Site
The site is Managed by The Brunel Shopping Centre, Centre Management Suite, 29a The Plaza Brunel, Swindon, Wilts SN1 1LF. Going forward is referred to as “us”, “our” or “we” in these terms.
2. Accessing The Site
We do not guarantee or represent that access to the site will be uninterrupted. While we take reasonable care to ensure that the content of the site is accurate, the content may be out of date at any given time. We give no guarantee or representation as to the completeness or accuracy of any content on the site, and we are under no obligation to update such content.
We may at our sole discretion at any time without notice make improvements or changes in the content of the site, suspend or terminate the access rights of any person using or accessing the site or suspend or terminate the site in its entirety.
3. Intellectual Property Rights
You acknowledge and accept that all intellectual property rights in the site and any related pages, including but not limited to rights in the design, content, software, code, graphics or other material on the site (the “Material”) contained either in the sponsor advertisements or electronically distributed on this website, belongs to and is controlled by us or the sponsors or both and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unauthorised use of any copyrighted materials, trademarks or any other intellectual property without our express written consent is strictly prohibited. Re-use of any of the foregoing is strictly prohibited and we reserve all rights in connection therewith.
We grant you a limited license to access the Material from a single personal computer and to print a hard copy of such items of the Material solely for your personal, non-commercial use provided that you leave all copyright, trade mark and other proprietary notices intact and that you agree not to copy, download, store in any medium, display, adapt, modify, manipulate, translate, distribute, transmit or re-transmit, transfer, sell, re-publish any Material (including any software used in the creation of this website) or to create any derivative works based on any Material for any other purpose whatsoever.
If you have any concerns about the content of this site, please send an e-mail with details of your concern to firstname.lastname@example.org or contact us at:
Centre Management Suite
29a The Plaza Brunel,
4. Our Liability
Save in respect of liability for death or personal injury arising out of our negligence or that of our employees or for fraud, the Centre disclaims all or any of the following to the maximum extent permitted by law:
* express and implied warranties, conditions, guarantees, representations or other terms with regard to the information, services, and Materials contained or available on the site or any website to which it is linked or to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness of the site or its content or that the site or the content will be provided uninterrupted, error free or free from viruses, Trojan horses or other harmful material;
* express and implied warranties, conditions, guarantees, representations or other terms with regard to the truthfulness, accuracy or reliability of any of the communications posted by other users or endorse any opinions expressed by users and we are under no obligation to verify such content; and
* any liability for loss or damages arising out of or in connection with the use of or reliance placed on this website, any of its contents or any other website to which this website has links including, but not limited to, any liability for direct, indirect or consequential loss or damage, loss of data, income, profit or opportunity, loss of or damage to property and any claims of third parties even if we have been advised of the possibility of such loss or damage or if such loss or damage were reasonably foreseeable, incurred by any person in connection with our site or in connection with the use, inability to use or results of the use of our site any websites linked to it and any materials posted on it, including loss of income or revenue, business, profits or contracts, anticipated savings, data or goodwill and wasted management or office time and whether caused by tort (including negligence), breach of contract or otherwise.
Any reliance by you on material posted by other users will be at your own risk. For your own safety you should take regular back-up copies of data and use the latest virus checking software, and we cannot accept any liability arising from your failure to do so. You are responsible for the connection between your personal computer and the website.
5. Third Party Websites
This website contains links to other independent websites which are maintained by third parties and are not under our control.
We are not responsible for the contents of any third party websites and shall not be liable for any loss, damage or injury in whatever manner, howsoever caused, arising from the contents of such websites.
Any links to other websites are provided for your convenience only as a user of this website,
and do not imply our endorsement of such linked websites or association with their operators.
Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and enter such linked websites and to read the privacy statements of such sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We will not accept any responsibility for loss, damage or injury in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Any third party that wishes to establish links to this website should notify us of their intention prior to doing so. We reserve the right to deny permission for any such links to this website. If you create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
6. Use Of This Website And User Material
You will not use the website in such a way as to corrupt data, insert or knowingly or recklessly transmit or distribute a virus or other form of message which may affect the performance or functionality of a computer system or hack into any computer system via the website.
You acknowledge that you can be held liable and / or legally accountable for what you say or do online. Before you rely on information found on this website, you must verify this information with the appropriate sources.
You are prohibited from posting or transmitting to or from this website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/ or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the website (including, without limitation, by hacking).
You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attach or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
We will full co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these terms.
7. Data We Collect About You
We are compliant with the General Data Protection Regulation and the new Data Protection Act. GDPR (Regulation (EU) 2016/679) is a regulation by which the European Parliament, the Council of the European Union and the European Commission has strengthened and unified data protection for all individuals within the European Union (EU).
Any personal data we collect when you register for wifi via our website will be held and managed in accordance to GDPR. We are committed to protecting your privacy and only hold personal data on you if you have opted to receive communications from us.
Any personal data we collect about you as part of our competition entry process, for security, legal or legitimate interest reasons will be held in accordance to the Data Protection Act, GDPR and the Brunel Shopping Centre’s Data Policy.
We collect information about you can send you relevant information about our business, events, offers and changes to the centre. We collect information about you as part of our competition entry process so we can inform you if you have won the competition. We do not share your information collected as part of wifi registration or competition entry with any other company or department.
Only authorised employees within the company are permitted to access information we have collected from you. We operate an ‘opt in’ policy for customers wishing to receive information on forthcoming events and store offers and an unsubscribe system for when you no longer wish to receive information.
If you have opted in to receive information from us or any of our directly or indirectly related entities we may use your personal information to notify you about important changes to the centre, new services we will be providing, events, articles or other information we think will be of interest to you. We may also use the personal information for market research. This will help us improve our services and the content of the site.
If you no longer want to receive information from us as described above please unsubscribe from our e mails or if you wish us to delete or amend personal information you have submitted through the site or should you have any questions about the information we hold on you and how this might be used please send an e-mail to email@example.com or contact us at:
Centre Management Suite
29a The Plaza Brunel,
The Data Controller for The Brunel is the General Manager
The Data Compliance Officer for The Brunel is the Office Manager
The Brunel Data Policy can be downloaded here
8. Data We Collect About Your Visits To The Site
Users have the opportunity to set their devices to accept all cookies, to notify them when a cookie is issued, or to not receive cookies at any time.
The last of these means that certain personalised features cannot then be provided to that user and accordingly they may not be able to take full advantage of all of the website’s features.
Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.
9. Our Competitions
Details of each competition prize on offer and how to enter are published as part of the competition description. The following terms and conditions apply to all of our competitions. To enter any of our competitions you must be a UK resident and 18 years old or over at the time of entry. A child shall only be entitled to enter a competition with parental / guardian’s permission. The parent or guardian must be a UK resident at the time of entry. Some competition prizes may not suitable for people under 18 and this will be clearly stated as part of the competition description. All our competitions are run by The Brunel. None of our competitions are open to employees (or members of their immediate families) of anyone directly associated with setting up our competitions. The competitions cannot be entered by employees of The Brunel or their suppliers. No purchase is necessary to enter any of our competitions. We will only accept one entry per person. The winner will be the first correct entrant who is drawn randomly from all correct entries. We reserve the right to amend a competition end date at any time and withdraw a competition and prize at any time and without notice. The prize must be collected from The Brunel within three months of the closing date of the competition. If you win a competition, we may notify you by e-mail or telephone at our sole discretion. Failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. The judges’ decision will be final, and no correspondence will be entered into. In the event that you are a winner we may require you to take part in promotional activity and a statement may be published on this website at our sole discretion.
You can find out who has won a particular competition by sending a stamped addressed envelope, marked with the name of the competition to Marketing Team, The Brunel Centre Management Suite, 29a The Plaza Brunel, Swindon, Wilts SN1 1LF after the closing date. Competition prizes are not transferable to another person. No part of a prize is exchangeable for cash or any other prize. If the advertised prize is not available, we reserve the right to offer an alternative prize of equal or greater value. We reserve the right to amend these rules at any time. If we do this we will publish the amended competition rules and/or specific competition rules on the relevant competition page.
The Brunel Management Team accepts no responsibility for the offers advertised on the website or the delivery of the offers made by individual retailers or restaurants promoted on the website. The Brunel reserves the right to amend or withdraw any offers at any time and without notice.
If any term is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms which shall remain in full force and effect.
12. Governing Law
The terms and conditions contained herein shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.
The paragraphs below are the terms and conditions for WiFi SPARK’s wireless internet access services (the “Service”) supplied by WiFi SPARK Limited to you (“You”). WiFi SPARK Limited is a UK company based in 5 Cranmere Court, Lustleigh Close, Matford Business Park, Exeter, EX2 8PW England (“WiFi SPARK”). These terms and conditions may be modified by WiFi SPARK at any time by updating these terms on our website. If you are under the age of 16, by continuing to use this service and by accepting the terms of this EULA you confirm that you have received consent from a parent or guardian to use this service. By continuing to use this service, or, if applicable, by agreeing to pay for this service, you agree to accept, conduct your business within the terms stated, and be bound by the following;
WiFi SPARK’s Obligations and Rights:
a) WiFi SPARK collects information on your usage of this Service including web pages visited, domains and email traffic. WiFi SPARK will not disclose personal information collected in conjunction with the provision of this service to a third party without consent, except to companies with which we have contracted for the provision of the Service. WiFi SPARK will, if required by law, disclose your personal information and or information pertaining to the usage of the Service to the relevant authorities in the investigation of any suspected or alleged crime.
b) Customer Service is available in the United Kingdom by dialing 0344 848 9555 or by email at firstname.lastname@example.org. WiFi SPARK is committed to providing uninterrupted access to this Service. WiFi SPARK will use best endeavours to only allow system downtime and maintenance outside of normal working hours (9AM-5PM Monday to Friday). We reserve the right to modify or temporarily suspend the Service or any part of it without notice to you for emergency technical repair or upgrade for any reason, or if the service host has not paid WiFi SPARK for the provision of this service in its premises.
c) You acknowledge and are responsible for the security of your connection to the internet, your device that is used for connecting and for any sites you visit, emails you send or receive or information transmitted or received in any format when you use our Service. WiFi SPARK provides no additional security than you already have, because we provide management and monitoring services only and do not modify any content. For that reason, we cannot be, and are not responsible for the security or content you transmit or receive on the internet.
d) You acknowledge that your use of the service is entirely at your own risk. WiFi SPARK does not guarantee the availability or security of the Service. WiFi SPARK shall not be liable to you in any circumstances for any damages which result in any way from your use or inability to use the service (or any part of it), including any indirect, special or consequential losses, lost profits, business interruption, information or loss of data, security breach, busy signals, errors, delays in the Service, unavailability of the Service, deletion of files, theft, loss of goodwill or other pecuniary loss, including loss or damage suffered as a result of any virus, denial of service, spamming or hacking. Nothing in this clause excludes or limits the liability of WiFi SPARK for: (i) death or personal injury caused by WiFi SPARK’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) for any other liability that cannot be excluded or limited by law.
e) WiFi SPARK reserves the right to block any websites, web pages and content on its service that WiFi SPARK deems illegal, distasteful or generally unsuitable for the location in which this service is provided. WiFi SPARK does not wish to restrict your use of our service unreasonably but by using this service you agree to accept our filtering criteria which may change from time to time. WiFi SPARK has no obligation to you to include sites that are blocked from use.
f) Roaming is supported across many of our sites but not all. If you are planning to use your account across many WiFi SPARK sites, please contact us for a list of sites that support roaming on 0344 848 9555.
(g) WiFi SPARK may deny, terminate or suspend your access to all or any part of the Service without notice if you engage in any conduct or activities that WiFi-SPARK in its sole discretion believes violates any of the terms of this EULA
(h) WiFi SPARK reserves the right to slow bandwidth or connection speeds at certain times at WiFi SPARK’s convenience.
(i) In using this service you understand that WiFi SPARK may place cookies on your device to enable the service to remember you so that if you use the service on concurrent days you do not have to repeatedly enter your personal details. If you do not consent for the placing of this cookie then we ask that you do not continue to use this service. Alternatively, you may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of any sites that you visit and we won’t remember any of your details.
End User’s Obligations and Rights
a) You are responsible for maintaining the confidentiality of the password and all activities that occur under your username and password. You will be liable for all losses, damage, costs and expenses, direct or indirect, however incurred, suffered by WiFi SPARK due to the loss, misuse and/or disclosure of your username and password. WiFi SPARK reserves the right to make additional charges for the use of our service on multiple machines with the same password. We will contact you where possible should this occur.
b) You will not be eligible for any compensation if you cannot use the Service because of power or equipment failure, routine maintenance or circumstances outside of WiFi SPARK’s control including down time due to failure of an internet service provider’s connection. If, however, the Service is not available for reasons other than the above, please contact WiFi SPARK’s Customer Service on 0344 848 9555.
c) You acknowledge that all intellectual property (including copyright, trademarks and trade names) in the Service and on the website used to access it remain the property of WiFi SPARK or its licensors. You agree to respect these rights and not to do anything to infringe them. In particular, but without limitation, you agree not to alter or remove any trademarks and not to copy, download, transmit, reproduce, print or exploit any of this material.
d) You shall indemnify WiFi SPARK for any breach of clause (c), above,
e) You agree that you will not use the WiFi SPARK service for:
(1) unlawful, fraudulent, criminal or otherwise illegal activities;
(2) sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading, recording, reviewing, streaming or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;
(3) knowingly or negligently transmitting or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, or any other similar software or programs) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by WiFi SPARK or any other Internet user or person;
(4) activities that are in breach of any other third party’s rights, including file-sharing, downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;
(5) anything that may disrupt or interfere with WiFi SPARK’s network or services or cause the network to crash;
(6) launching “denial of service” attacks; “mailbombing” attacks; or “flooding” attacks against a host or network. Scanning of networks or hosts for open ports or other vulnerabilities;
(7) making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large files or extended high volume data transfer of any kind. Should we deem your use of our service excessive, and by this we mean transferring more than 20Gbytes / month or equivalent multiple thereof, we reserve the right to reduce your connection speed, or terminate your service.
(8) circumventing the user authentication or security process of a host or network;
(9) creating, transmitting, storing or publishing any virus, malware, Trojan, corrupting program or corrupted data; or
(10) collecting, streaming, distributing or accessing any material that you know, or reasonably should know, cannot be legally collected, streamed, distributed or accessed.
Other Important Terms
(a) WiFi SPARK may transfer its rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
(b) Please note that this EULA, its subject matter and its formation, are governed by English law. Both you and WiFi SPARK agree that the courts of England and Wales will have exclusive jurisdiction.